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HomeMy WebLinkAbout8-19 Gross & Shawrermrt mass NEW Permit Number' "8=19`'� STATE OF NORTH CAROLINA Department of Envuori mental Quality and Coastal Resources Commission r Verm,it RECEIVED APR 3 0 2019 DCM-MI-ID CITY for X Major Development in an Area of Environmental Concem pursuant to NCGS 113A-118 X Excavation and/or filling. pursuant to NCGS 1137229 Issued to Dustin. Gross and Harry Shaw, 417 Bradley Creek Point Road Wilmington NC 28403 Authorizing development in New Hanover County adi. to Bradlev Creek.. at 409417 Bn.dlev Creek Point Road, in Wilmington , as requested in the permittee'.s application dated 10/12/18, including attached 1-8 of 8 all This permit, issued on April 12 20I9,, 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. . Excavation & Spoil Disposal 1) The area of excavation shallmot exceed the,„area depicted on.the attached workplan drawings. 2) Excavation shall not exceed feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) No excavation or filling of any vegetated wetlands is authorized by this permit. 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized: (See attached sheets for Additional Conditions) This permit action maybe appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. This permit must . be accessible on -site- to Department personnel when tlie 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. � koli i-fA folt Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. . Signature ofPermittee Gross and Shaw Permit No. 8-19 Page 2.of 3 ADDITIONAL CONDITIONS 5) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures toprevent spillover of solids into any marsh or surrounding waters. 6) No spoil material shall be placed within 30 feet of the normal high water line. 7) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 8) The spoil area shall° be inspected and approved by the Division of Coastal Management prior to the beginning _of any dredge activities. Maintenance Clause 9) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any future maintenance work, as authorized by this permit, and such notification shall include: A. ` ' The number -of the original permit. B. A statement that no dimensional clianges are proposed. C. A copy of the original permit:.plans with cross. -hatching indicating the area to be maintained, the area to be -used for spoil disposal, and the estimated amount of material to be removed. The location; designandhalding capacity of the. spoil disposal site shall be approved by a. representative of.the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee.'s signature shown aneww on thCoriginal plan. General 10) This permit does not authorize the excavation or filling of any vegetated wetlands. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation.. 12) ._ This permit shall not be assigned, transferred, sold, --or otherwise disposed .of.to a thud parry without the written approval of the Division of Coastal Management. 13) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 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. Gross and Shaw Permit No. 8-19 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources authorized the proposed project via GC 4144 and assigned DWR Project. No. DWR-2018-1591v1, which was issued 1/7/19. NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. APR 3 0 2019 DG,�ti-M"-M CITY End PN/Comment Deadline: 1 Z/ 1 z((rL� 30 Day Comment Period: tl�lt�— scv�k ft4*tV1d w bout - W VW VKL L T 1a USFlC'61 L /I&(/ AJZ DO- U VwS mtt 41vy, U,S*c,57 -a) Shlt tn,.cdL to W 1r14n.c he wf NAA-10-1),on— �� n1 w4 3(;, (cAkcka Oval) I/T1011— Mil fb (kwf) V L4c 0 M'Y fiw. to tuvr w r wii- ^�JA&m, e*t+1X ,d yWew pt404 ((5-0 - 4/l1' (,{ASS USl4l/� "W Ktrr S�L� p�lSpOsd p 14 Af-- Lim (ilti) `S a atia p(�Li lu rtt KL,caps 4-o ew�ai,ls A�tf'�"�� • �( c.+vtwh+ a reCnuw�' 11�11rl- ►Uul�u( owl 4- DKW qj� q — u- cF- *-,crA j of w�sew-t ac)r.ccwu4,t+,,�— III 413/d� jq, Issued RECEIVED APR 3 0 2019 DCM-MHD CITY R DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Dustin Gross and Harry Shaw COUNTY: New Hanover PROJECT NAME: Gross A Shaw Maintenance Excavation LOCATION OF PROJECT: 409-417Bradiey Creek Point Rd, adjacent to Bradley Creek, in iPdmbgton DATE APPLICATION RECEIVED COMPLETE BY FIELD: Click or tap to enter a date. FIELD RECOMMENDATION: Attached: Yes To Be Forwarded, N/A FIELD REPRESENTATIVE: Sargon DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW:/ B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Spems PUBLIC NOTICE RECD: 11-22-18 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE:1-29-19 MAIL OUT DATE:11-19-18 PERMIT FINAL ACTION: ISSUE 4 ft DENY FEE RECD: $400 (W40) # 1455 END OF NOTICE DATE: 12-12-18. DEED RECD: No 150 DAY DEADLINE: STATE DUE DATE: 12-12-19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep MIS j S -4qt t- DCM - LUP Consistency Determination{ - Local Permit Officer Corps of Engineers - Regulatory Branch DWR-401Section I��� "1 X G(/Ig^ DWR-Public Water Supply DENILR- Stormwater & Sed/Erosion DOA - State Property Office Wildlife Resources Commission DME - Shellfish Section DNF - Habitat & Enhancement DNCR - Archives & History 2 rl 1 DNCR-Natural Heritage Program 30 % NCDOT Rural Development Division RECEIVED too 3 0 "1119 f �-r CITY vet MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner 61 Subject: Consistency Determination, Major Permit Application, Dustin Gross and Harry Shaw, Wilmington, New Hanover County Date: January 9, 2019 'his project is consistent with the 2006 Wilmington -New Land Use Plan Update. The applicant is proposing to excavate an existing access channel and basin within Bradley Creek. The project is located at 409-417 Bradley Creek Point Road in Wilmington, New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are ES, EW and PTA. Waters at the project site are classified as SC and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Developed/Conservation. In general, Wilmington -New Hanover County allows development in Developed and Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. Cc: File RECEIVED APR 3 0 2019 DCM-MHD CITY A,H� Spears, Courtney From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, December 07, 2018 4:12 PM To: Surgan, Brooks R; Amico, Patrick J Cc: Spears, Courtney; Coburn, Chad Subject: [External] Corps project review update CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> This email is to notify you of the Corps' permit review process on the recently received following projects in New Hanover County: Brooks: Corps AID: SAW-2018-01450 Project Name: Shandy Point Landowners PGP 291 *I'll get the Notice out as soon as I can Corps AID: SAW-2018-02186 *Project Name: 409-417 Bradley Creek Point/Gross and Shaw NWP 35 *Will need to coordinate with Navigation and Real Estate since it looks like they will need to cross the Corps ROW to access the disposal site Patrick: Corps AID:SAW-2018-01740 Project Name: 238Inlet Point Drive/Buffkin *1 have a question regarding the bulkhead placement and presence of any 404 wetlands behind the CAMA line. Based on the plan submitted it appears that there is only a small fringe of coastal wetlands waterward of the existing shoreline, is that correct? ** The docking facility replacement should fit the Corps GP 56. Thanks -Have a good weekend. Liz Regulatory Project Manager Wilmington District WArmy Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil RECEIVED APR 3 0 2019 DCM-MHD CITY 910-251-4049 DocuSign Envelope ID: D9B876F6-26E7-4792-A7D2-24EC64046268 9tv, ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management November 19, 2018 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.soearsiccDricdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dustin Gross and Harry Shaw Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington New Hanover County Proposed Project: maintenance excavation of an existing access channel and basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Couitnev Spears at the address above by December 12, 201& If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. x 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. Morelia Sanchez King PRINT NAME Division of water Resources- water Quality Regional operations section AGENCY oawtutrrd er. SIGNATURE E3ABR16AC70C434- 1/15/2019 DATE RECEIVED RECEIVED APR 3 0 2019 DCM-MHD CITY JAN 17 2019 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DCM WILMINGTON, NC DocuSign Envelope ID: D9B876F6-26E7-4792-A7D2-24EC64046268 ROY COOPER lovvaor MICHAEL S. REGAN sectw-y LINDA CULPEPPER M ctor Mr. Dustin Gross Mr. Harry Shaw 417 Bradley Creek Point Road Wilmington NC 28403 NORTH CAROLINA awkwummidQ0aft January 9, 2018 New Hanover County DWR Project: 2018-1591 Subject Property: 409-417 Bradley Creek Point Road - Wilmington Approval of 401 Water Quality Certification with Additional Conditions Dear Messrs. Gross & Shaw, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.04 acres of open waters in order to perform maintenance dredging within an existing access channel and a basin as described in the application received by the N.C. Division of Water Resources (DWR) on November 19, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). 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: ho://Mrtal.ncdenr.org/web/wg/sm2/ws/401/certsandpgmiLts 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 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. DECEIVED APR 3 0 r019 DCM-MHD CITY RECEIVED JAN 17 2019 DCM WILMINGTON, NC D_EQ� North Carolina Department of Environmental Quality I DNlsionofWater Resouroes Wilmington Regional Office 1 127 Cardiral Drive Extension I WdmingtoM North Carolina 28405 m — 910.7%.7215 DocuSign Envelope ID: D9B876F6-26E7-4792-A7D2-24EC64046268� 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 the Certification. If 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: 7. 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 apVtffgQ)fi4iremems of State and Federal law. If the Division determines that such standards or laws are not JAN 17 2019 RECEIVED DCM WILMINGTON, NC APR c 0 DCM-MHD CITY DocuSign Envelope ID: D9a876F6-26E7-4792-A7D2-24EC64046268 106 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 the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 8. 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 permittee/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]. 9. 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)]. 10. 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). 11. 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: b=://yortal.nedenr.or web/wq/syT/ws/401/certsandpermits/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 Ge_ng ID 150B by filing a written petition for an administrative hearing to the Office of A tId MID Hearings (hereby known as OAH). A petition form may be obtained from qq01(9AH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (SA%1 4 M-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must et&d�th the OAH. A petition is considered filed when the original and one d - g with any RECEIVED APR 3 0 )N9 DCM-MHD CITY v DowSign Envelope ID: D8B876F626E74782-A7D2-24EC64046268 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 may be 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.Coburnamcderingov. Sincerely, oa:waM" w• E3Aen14,w7Do4.y._ Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Greg Finch — Land Management Group, Inc. (via email) Liz Hair - USACE Wilmington Regulatory Field Office (via email) Courtney Spears — DCM Wilmington (via email) RECEIVED DCM._MhD CITY RECEIVED 3AN 17 2019 DCM WILMINGTON, NC Mh November 19. 2018 MEMORANDUM. FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier04-16-33) courtnev.soearsCdlncdenr oov SUBJECT CAMA/Dredge & Fill Application Review Applicant: Dustin Gross and Harry Shaw ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS �INt�lPrtpG3( Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington New Hanover County Proposed Project: maintenance excavation of an existing access channel and basin 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 December 12a 2018, If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: VThis 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 muk ('oC4,. AGENCY AEG - PGt6kc Luc ( 4/ SIGNATURE A&A _4W4.ti DATE 11-17_ IS Stateorvorth Caroline I Environmental Quahtyl Coastal Management 127 Cardinal Dnve Eat., Wdmingtm, NC 28405 919 796 7215 RECEIVED APR 3 0 2019 DCM-MHD CITY RECEIVED NOV 2 7 2M !)CM WILMINGTON, NO Mµ6 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS I1trcCn,r' `)O'Ifunl ,ll (:,N.�IUi :1 /l,llth ,:plagl November 19, 2018 MEMORANDUM FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier04-16-33) courtney.sDearsOnodenr. goy SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Dustin Gross and Harry Shaw Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington New Hanover County Proposed Project: maintenance excavation of an existing access channel and basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Swears at the address above by December 12, 201& If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: 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 NAMEyPAtQ — 1:5&rhS AGENCY __tsE 1_/lL L z SIGNATURE 6 DATE r` I Zo I zP I $ State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED APR 3 0 2019 DCM-MHD CITY RECEIVED NOV 2 0 2018 DCM WILMINGTON, NC 0C ROY COOPER mrrninr MICHAEL S. REGAN Sre.vra., BRAXTON DAVIS ;en,ryeryravn November 19, 2018 MEMORANDUM FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier04-16-33) courtneyspears d)ncdenr.goy SUBJECT CAMA /Dredge & Fill Application Review Applicant: Dustin Gross and Harry Shaw Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington New Hanover County Proposed Project: maintenance excavation of an existing access channel and basin 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 December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: Al 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. \" RECEIVED PRINT NAME �k)U \\\�?CCU /l APR 3 0 2019 AGENCY O U \(✓� OCM-MWD CITY e RECEIVED SIGNATURE DATE NOV 20'C'g DCM WILMINGTON, NC Smte of Nodh Carolina I Enwonmenul Quality,' Coastal Management 127 Cardinal Dnve Eq., Wilmington, NC 28405 919 796 7215 VIA, ROY COOPER u,,,,•,1,,,, MICHAEL S. REGAN BRAXTON DAVIS n;,. November 19. 2018 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.spearsCa2ncdenr gov SUBJECT: CAMA /Dredge 8 Fill Application Review Applicant: Dustin Gross and Harry Shaw Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington New Hanover County Proposed Project: maintenance excavation of an existing access channel and basin 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 December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: 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 Wdr v eV, wi "v S. AGENCY tiC SIGNATURE DATE I f w Sate of North Carolina I Favhonmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 (RECEIVED APR 3 0 ?oI9 DCM-MHD CITY ,, ED UM WILMINGTON, NC WOV2s118 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS November 19, 2018 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 rtney. spears(ancden r. gov SUBJECT CAMA/Dredge & Fill Application Review Applicant: Dustin Gross and Harry Shaw Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek. in Wilmington New Hanover County Proposed Project: maintenance excavation of an existing access channel and basin 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 December 1Z 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: 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 �+'r / V VL f 6Hcf AGENCY Ak X2M L SIGNATURE ��� .ail l°LA.. DATE Swlc orNtMh Carol= hmmrmnwntal owlity Coaxal Managemcnt 127 Cardinal Dn,c lst_'A Iminglon, NC 29405 919 7% 7215 F_CE1VED APR 3 0 2019 DCM-MHD CITY DECEIVED DEC i 8: 0i) OCM WILMINGTON, NC ROY COOPER Govemw MICHAEL S. REGAN Se, retary STEPHEN W.MURPHEY Dire, lw MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DMF Fisheries Resource Specialist SUBJECT: Dustin Gross and Harry Shaw DATE: December 18, 2018 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to perform maintenance excavation of a manmade channel within the confluence of Bradley Creek and the Atlantic Intracoastal Waterway (AIWW). The addresses of the properties are from 407-417 Bradley Creek Point Road. The waters within the project area are classified as SC by the NC Division of Water Resources and designated as a secondary nursery area (SNA) by the NC Division of Marine Fisheries (NCDMF). The applicant is proposing to excavate 1,885 square feet of bottom habitat consisting of 200 cubic yards of sandy material. SNAs are estuarine waters where later juvenile development takes place. Species within this area are mixture of juveniles that have migrated from the primary nursery areas upstream, sub -adults and adults. This habitat is commonly used as a developmental transitional zone. The resuspension of sediment can create an increase in turbidity that larvae, juveniles, and especially filter feeding species, can be acutely susceptible. An increase in suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and other sessile fauna and flora. In order to protect this SNA habitat, NCDMF would request coordination prior to any dredging if the footprint or volume of dredge material changes in the future. Contact Curt Weychert at (252) 808-8050 or C tr .W ychert(ftcdenneo with further questions or concerns. —]"Nothing Compares,, Srute of North Carolina I Dwisk,u ut Marine f isherias Ml Arende l Street P.O. Bw 7M Morehead Cay. North Caroh,u, 28557 252 71h-7021 RECEIVED DEC 18 2018 QCM WILMINGTON, NC RECEIVED APR 3 0 2019 M-MHD CITY November 19, 2018 MEMORANDUM Received: 12/03/2018 State Historic Preservation Office ROY COOPER MICHAEL S. REGAN ", 111 BRAXTON DAVIS Amy M1rr. /brra.M n/! LyrLrl 1AwM1,\�axrn ER 18-3978 F Fl, T Due -- 12/11/18 FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext . Wilmington, NC 28405 Fax 910-395-3954 (Courfer04-16-33) A- courtney spears(Q7ncdenr. goy SUBJECT CAMA/Dredge 8 Fill Application Review L U Applicant: Dustin Gross and Harry Shaw Project Location: 407- 417 Bradley Creek Point Rd adjacent to Bradley Creek. in Wilmington New Hanover County Proposed Project: maintenance excavation of an existing access channel and basin 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 December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY This agency has no objection to the project as proposed "Additional comments may be attached" YThis 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. b:EIVED Renee Gledhill -Earley State Historic Preservation Office SIGNATURE F- iA'l)(Il-- Q�yCltli DATE l 2 � tium of �onb l'andim Imuonnwnial /)ruLp ('9�uel \ImWpemrm 127l Ant Dmr I v, Ndrmnppm. V 2X405 91911Ar 721� APR 3 0 2019 OCM—MHD CITY wtFcoveo DEC 10 2018 ®CM WILMINGTON, NC NnV P ', 20IR Mi ROY COOPER w ft MICHAEL S. REGAN BRAXTON DAVIS r , November 19, 2018 MEMORANDUM FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington. INC 28405 Fax :910-395-3964 (Courier04-16-33) courtnev spears()ncdenr goy SUBJECTS CAMA/Dredge & Fill Application Review Applicant: Dustin Gross and Harry Shaw Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington New Hanover County Proposed Project: maintenance excavation of an existing access channel and basin 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 December 12, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: 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. DATE��D�� State of Nonb famh. Emimnmcmal Quahq (brutal MamE<mcm 127('ardinal lhivc Ext.. Wilmington. N(26405 9197967215 RECEIVED APR 3 0 201g 0CM-MH0 CITY RECEIVED NOV 30 0� (OCM WILMINGTON, NC L' ROY COOPER Uuvemnr MICHAEL S. REGAN .Sec'relary BRAXTON DAVIS Dirrclor, Divi.�'rnn oj('aavral Management November 19, 2018 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. soearsi0ftcden r. oov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dustin Gross and Harry Shaw Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington New Hanover County Proposed Project: maintenance excavation of an existing access channel and basin 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 December 1Z 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: 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 /'! A l K F R i`S / 2 4 AGENCY 6e/z4:t6f-yam SIGNATURE /" AV/ v DATE RECEIVED APR 3 0 2019 DCM-MHD CITY RECEIVED Lt_- " 082018 State of Noah Carolina I Environmental Quality I Coastal Managem�^M WILMINGTQN NO 127 Cardinal Drive ExG, Wilmington, NC 28405 919 796 721 hL 0 Spears, Courtney From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, January 17, 2019 5:55 PM To: Spears, Courtney Subject: RE: [External] Corps project review update CAUTION: External email. Do not click links or open attachments unless you verified. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Hey -I still need to coordinate with Navigation on the Bradley Creek project. That is being reviewed as a NWP 35. 1 need to look at Patrick's response related to Buffkin. We are reviewing the dock as a GP 56, but I had questions regarding the bulkhead and wetlands. Liz -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Wednesday, January 16, 2019 8:05 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI> Subject: [Non-DoD Source] RE: [External] Corps project review update Hey Liz, Have you had a chance to look at the Buffkin project? Any update on how you might process it? Also, have you looked at Gross and Shaw (409-417 Bradley Creek Pt Rd in New Hanover - maint dredge)? Those are the two projects coming up on their 75 day dates. The others are 291 which I assume are in a holding pattern due to the shutdown? Thanks for any insight you can provide! Hope all is well! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management RECEIVED APR 3 0 2019 DCM-MHD CITY Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Amico, Patrick J Sent: Monday, January 14, 2019 9:25 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: Re: [External] Corps project review update Hi Liz: I apologize- somehow I missed your question in the email below from December. On the subject property, at 238 Inlet Point Drive, there is a thin band of coastal wetlands located along the shoreline, followed by phragmites and pennywort, and then the vegetation switches over to ornamental lawn grass. Here's an excerpt from the bio for the property: As proposed, the new bulkhead would disturb approximately 100 ft2 of estuarine shoreline, fill approximately 160ft2 of Coastal Wetlands (consisting primarily of Smooth Cordgrass (Spartina alterniflora)), and disturb approximately 2000 ft2 of high ground with tie back anchor installation and backfill (including the entire limit of disturbance). A majority of the filling/incorporation of Coastal Wetlands would occur on the eastern side of the proposed fixed platform in one large 90- 100 ft2 area, and the remaining impact would be on smaller, thin bands (14) of Coastal Wetlands on the western side of the fixed platform. The thin bands of Coastal Wetlands that would be impacted are surrounded and/or intermixed with Common Reed (Phragmites Australis) and several upland species, including Pennywort (Hydrocotyle bonariensis), Southern Dewberry (Rubus trivialis), and other native grasses. I have not been trained in 404 delineation, but those are the species I noted. I'm happy to swing over there and take some photos if you would like to see what's on site. I could get over there today or tomorrow -just let me know if you need to see it. Thanks very much, and sorry I missed your question in the first place. Patrick Amico Environmental Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7423 office 910 395-3964 fax patrick.amico@ncdenr.gov <mailto:patrick.amico@ncdenr.gov> 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED APR 3 0 2019 DCM-I AHO CITY From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil<mailto:Sarah. E.Hair@usace.army.mil> > Sent: Friday, December 7, 2018 4:12 PM To: Surgan, Brooks R; Amico, Patrick Cc: Spears, Courtney; Coburn, Chad Subject: [External] Corps project review update CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> This email is to notify you of the Corps' permit review process on the recently received following projects in New Hanover County: Brooks: Corps AID: SAW-2018-01450 Project Name: Shandy Point Landowners PG P 291 *I'll get the Notice out as soon as I can Corps AID: SAW-2018-02186 Project Name: 409-417 Bradley Creek Point/Gross and Shaw NWP 35 *Will need to coordinate with Navigation and Real Estate since it looks like they will need to cross the Corps ROW to access the disposal site Patrick: Corps AID: SAW-2018-01740 Project Name: 238 Inlet Point Drive/Buffkin *1 have a question regarding the bulkhead placement and presence of any 404 wetlands behind the CAMA line. Based on the plan submitted it appears that there is only a small fringe of coastal wetlands waterward of the existing shoreline, is that correct? ** The docking facility replacement should fit the Corps GP 56. Thanks -Have a good weekend. Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SENT VIA EMAIL Land Management Group, Inc. c/o Greg Finch gfinch@lmgroup.net Dear Sir: NORTH CAROLINA Environmental Quality January 29, 2019 OL, This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of Dustin Gross and Harry Shaw to undertake development activities adjacent to their property Bradley Creek Point Road, in Wilmington, New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122 (c) which would make April 14, 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). Assistant Major Permits Coordinator cc: WiRO file MHC file Liz Hair, USACE, email cc Chad Coburn, DWR, email cc RECEIVED APR 3 0 2019 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405. 910.796.7215 Spears, Courtne From: Manning, John E CIV USARMY CESAS (US) <John.E.Manning@usace.army.mil> Sent: Friday, January 25, 2019 7:29 AM To: Hair, Sarah E CIV CESAW CESAD (US) Cc: HORTON, J TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY CESAW (US) Subject: RE: Spoil Disposal adjacent to DA (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED HI Liz, Real Estate will issue a Consent to cross a government easement for any location once the correct DA is determined and SAS OPS approves the action. John V/r John E. Manning US Army Corps of Engineers Senior Realty Specialist Savannah Division -Real Estate Wilmington and Charleston Districts 910-251-4474 The information contained within this message is for informational purposes and is not considered contractually binding upon the government in any way or legal advice. Any other use of the email or attachments by you is prohibited. --Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Wednesday, January 23, 2019 6:10 PM To: Manning, John E CIV USARMY CESAS (US) <John.E.Manning@usace.army.mil> Cc: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil> Subject: Spoil Disposal adjacent to DA John, Attached is an overall plan and narrative for a proposed dredging project in Bradley Creek. The application states that disposal location is adjacent to DA 251 and DA 248 (discrepancy in the application -not sure which one it is). The applicant states the material will be placed on high ground outside of the Corps' Easement Boundary. Please let me know if you have any comments/concerns, or need additional information. Thanks, Liz RECEIVED CLASSIFICATION: UNCLASSIFIED APR 3 0 2019 DCM-MHD CITY Spears, Courtney From: Spears, Courtney Sent: Wednesday, January 30, 2019 8:45 AM To: 'Hair, Sarah E CN CESAW CESAD (US)' Subject: FW: FW: [External] RE: 2 projects Please see below from Greg, and let me know what we need to do with this info. Thanks[ Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Finch, Greg <gfinch@lmgroup.net> Sent: Wednesday, January 30, 2019 8:22 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: Re: FW: [External] RE: 2 projects Shaw and Gross is Agnes Beane property outside the USACE ROW adjacent to DA248. Spoil location figure shows correct location but does not call out the DA #, disregard any text refs to 251 in the application. Shandy Point spoil location figure correctly shows Shore Acres property outside USACE ROW adjacent to DA 251. Let me know if this will suffice, I can add a quick reference on the figure for Gross and Shaw if needed. Thanks, Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@lmgrouo.net RECEIVED Land Management Group I Environmental Consultants 3805Wrightsville Avenue, Suite 151Wilmington, NC 284031www.lmgroup.net ApR 302019 DCM-MHD CITY On Wed, Jan 30, 2019 at 7:46 AM Spears, Courtney <courtney.spears@ncdenr.aov> wrote: Hey Greg, Please see below, and attached, from Liz. On the Gross and Shaw project I think two different DA #s are referenced. They need to clarify the DA for any consent to cross agreement (per attached email). Let me know if there are any questions. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, January 29, 2019 5:03 PM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: [External] RE: 2 projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.seam@nc.aov<mai Ito: repo rt.spam@nc.gov> Courtney, Attached is the response from Real Estate regarding the consent agreement related to the Gross and Shaw/Bradley Creek dredge project. Please clarify the correct location of the disposal site. As I mentioned on the phone this morning, I am still awaiting agency response from the US FWS and EPA on the Shandy project. Hopefully that will come soon as they get back into the swing of things after being gone for a month. Thanks, Liz ---------- Forwarded message --------- From: "Manning, John E CIV USARMY CESAS (US)" <John.E.Mannine@usace.armv.mil> To: "Hair, Sarah E CIV CESAW CESAD (US)" <Sarah.E.Hair@usace.armv.mil> Cc: "HORTON, J TODD CIV USARMY CESAW (US)" <James.T.Horton@usace.armv.miI , "Arnette, Justin R CIV USARMY CESAW (US)"<Justin.R.Arnette@usace.armv.miI> Bcc: Date: Fri, 25 Jan 2019 12:29:18 +0000 Subject: RE: Spoil Disposal adjacent to DA (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED HI Liz, Real Estate will issue a Consent to cross a government easement for any location once the correct DA is determined and SAS OPS approves the action. John V/r John E. Manning US Army Corps of Engineers Senior Realty Specialist Savannah Division -Real Estate Wilmington and Charleston Districts 910-251-4474 The information contained within this message is for informational purposes and is not considered contractually binding upon the government in any way or legal advice. Any other use of the email or attachments by you is prohibited. -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Wednesday, January 23, 2019 6:10 PM To: Manning, John E CIV USARMY CESAS (US) <John.E.ManninQ@usace.army.mil> Cc: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Arnette, Justin R CIV USARMY CESAW (US)<Justin.R.Arnette@usace.armv.miI> Subject: Spoil Disposal adjacent to DA John, Attached is an overall plan and narrative for a proposed dredging project in Bradley Creek. The application states that disposal location is adjacent to DA 251 and DA 248 (discrepancy in the application -not sure which one it is). The applicant states the material will be placed on high ground outside of the Corps' Easement Boundary. Please let me know if you have any comments/concerns, or need additional information. Thanks, Liz CLASSIFICATION: UNCLASSIFIED RECEIVED APR 3 0 9019 DCM-IAHD CITY Spears, Courtney From: Spears, Courtney Sent: Wednesday, January 30, 2019 1:30 PM To: 'Finch, Greg' Subject: FW: [External] RE: CAMA Application: Shinn Creek Estates HOA Hey Greg, Please see below for info on the consent agreement. Looks like you (or the applicant) will need to coordinate directly with USACE Real Estate. I think the best point of contact will be: John E. Manning US Army Corps of Engineers Senior Realty Specialist Savannah Division -Real Estate Wilmington and Charleston Districts 910-251-4474 Let me know if you have questions. Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spea rs@ ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ---Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, January 30, 2019 11:19 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: [External] RE: LAMA Application: Shinn Creek Estates HOA CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov> Sorry ... For the Consent to Cross: I meant the Bradley Creek Project (Gross and Shaw) ... not the Hewat* �3pg1J¢hI I can't keep these projects straight -sorry. Ili���((�;tt �l VV ttDD A11^'0'M Mki- 1ND ems -----Original Message ---- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Wednesday, January 30, 2019 11:15 AM To: 'Spears, Courtney' <courtney.spears@ricdenr.gov> Subject: RE: [External] RE: LAMA Application: Shinn Creek Estates HOA Hey, Regarding the Hewett Marina project: Below is the condition from our 2017 regional conditions regarding obtaining a consent to cross from the Corps: 3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403- 1343, email: SAWWeb-NAV@usace.army.mil The applicant should go ahead and make contact in order to start the process. I will be authorizing the project under a NWP 35, but may not get to the paperwork until next week..Manatee Guidelines will be included as a special condition. Thanks, Liz -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Wednesday, January 30, 2019 7:48 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Ha!r@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: CAMAApplication: Shinn Creek Estates HOA Thank you for the updates! When I get the correct DA # should I send it directly to John (or you) or does the applicant need to coordinate with Real Estate directly for the consent agreement? Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondencecto and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ----Original Message ---- From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, January 29, 2019 5:01 PM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: [External] RE: CAMA Application: Shinn Creek Estates HOA 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> I'll be getting the notice out on this one this week. Thanks, Liz -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Friday, January 25, 2019 9:10 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI> Subject: [Non-DoD Source] FW: CAMA Application: Shinn Creek Estates HOA Hey, Any update on this one? Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality RECEIVED 910 796 7426 office pop 3 0 ,919 DCM-MHD CITY courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to, and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Simpson, Shaun Sent: Friday, January 25, 2019 8:08 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: FW: CAMA Application: Shinn Creek Estates HOA From: Simpson, Shaun Sent: Tuesday, December 11, 2018 1:33 PM To: 'Sarah. E.Hair@usace.army.mil' <Sarah.E.Hair@usace.army.mil<mailto:Sarah.E.Hair@usace.army.mil>>; Coburn, Chad <chad.coburn@ncdenr.gov <mailto:chad.coburn@ncdenr.gov>> Subject: CAMA Application: Shinn Creek Estates HOA Hello Liz & Chad: There is a supplemental Water Quality Sampling Report& Historical Aerials Report that I can send via Courier if you'd like. I've downloaded it, and is currently somewhere in Cyberspace. sks Please accept this correspondence as the official distribution of a CAMA application from Rodney Long for expansion of his existing docking facility in New Hanover County. Attachments include: Field Investigative Report, narrative, application, workplans, comment sheet and any other document specifically for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature. NO oversized workplans have been submitted by the applicant This email has a return receipt notification. Please accept the request, as we will use it to log receipt of the application. As DCM moves forward in updating our electronic permitting efforts this process will evolve, so we appreciate your understanding as we move away from a paper -based application. For questions or concerns, please contact Courtney Spears at courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> or (910) 796-7426. Thanks, Shaun Shaun Simpson Permit Support & Customer Service NC Department of Environmental Quality NC Division of Coastal Management<BlockedBlockedhttp://www.nccoastaimanagement.net/> 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7226 Shaun.Simpson@ncdenr.gov RECEIVED E-mail correspondence to and from this address may be subject to the North Carolina Public APR 3 0 2019 DCM-MHD CITY Records Law and may be disclosed to third parties. ,Ov M Spears, Courtney From: Finch, Greg <gfinch@lmgroup.net> Sent: Thursday, January 31, 2019 8:19 AM To: Spears, Courtney; Hair, Sarah E CN CESAW CESAD (US) Subject: [External] Re: Gross and Shaw extension Courtney, Liz: Adam Knierim confirmed that Agnes Beane has a consent agreement in place for DA248. See DACW21-9-11-0018. For the Shandy Point Project for Burrows Smith, there is no need for one to access the Shore Acres property adjacent to DA251. Thanks, Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: afinch@lmaroup.net Land Management Group 1 Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net On Tue, Jan 29, 2019 at 4:14 PM Spears, Courtney <courtnev.spears@ncdenr.laov> wrote: Hi Greg, We still need more time for agency review on this project — see letter attached. Please let me know if there are any questions. Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office RECENED APR 3 0 9019 DCM-MHD CITY courtnev.soears(cDncden r.00v 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Spears, Courtney From: Finch, Greg <gfinch@lmgroup.net> Sent: Thursday, January 31, 2019 8:19 AM To: Spears, Courtney; Hair, Sarah E CIV CESAW CESAD (US) Subject: (External] Re: Gross and Shaw extension Courtney, Liz: Adam Knierim confirmed that Agnes Beane has a consent agreement in place for DA248. See DACW21-9-11-0018. For the Shandy Point Project for Burrows Smith, there is no need for one to access the Shore Acres property adjacent to DA251. Thanks, Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: Rfinch@lmRroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net On Tue, Jan 29, 2019 at 4:14 PM Spears, Courtney <courtnev.spears@ncdenr.gov> wrote: Hi Greg, We still need more time for agency review on this project— see letter attached. Please let me know if there are any questions. Thank you I Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality RECEIVED APR 3 0 7019 910 796 7426 office t DCM-AItiD CITY courtney.spears(a7ncden r.Qoy 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. MHO Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, April 03, 2019 4:11 PM To: Spears, Courtney Subject: [External] FW: [Non-DoD Source] Re: Gross and Shaw extension (UNCLASSIFIED) 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> FYI -----Original Message ----- From: Arnette, Justin R CIV USARMY CESAW (US) Sent: Tuesday, March 26, 2019 1:09 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI> Cc: HORTON,1 TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Manning, John E CIV USARMY CESAS (US) <John.E.Manning@usace.army.mil> Subject: RE: [Non-DoD Source] Re: Gross and Shaw extension (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED As long as bostic is the person performing the work then it shouldn't be an issue on our end. If he is not, then they will have to get their own consent to cross using the same info in my last email. Thanks. Justin ----Original Message ---- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Tuesday, March 26, 2019 12:54 PM To: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil> Cc: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Manning, John E CIV USARMY CESAS (US) <John.E.Manning@usace.army.mil> Subject: RE: [Non-DoD Source] Re: Gross and Shaw extension (UNCLASSIFIED) Justin, This is for a small private docking facility on Bradley Creek. It is the Gross and Shaw application I sent to John back in late January. Please see attached documents. Let me know if you have any other questions. Thanks, Liz -----Original Messagee----- RECEIVED APR 3 0 2019 101CM41HO CITY From: Arnette, Justin R CIV USARMY CESAW (US) Sent: Tuesday, March 26, 2019 9:58 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: HORTON,1 TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Manning, John E CIV USARMY CESAS (US) <John.E.Manning@usace.army.mil> Subject: RE: [Non-DoD Source] Re: Gross and Shaw extension (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED Liz, Recommend that the marina get their own easement to cross. It doesn't cost anything and is usually a pretty quick turnaround time. Mike has one but it is meant for him to use when he is dredging small, private docks and not for when he is dredging large commercial marinas. All we need to get the consent is a project description, outlining what the project is, how it will be done, etc. with a request to cross our easement to gain access to a disposal area outside of our easement. Then we will need a map showing where they plan to cross (google earth or similar will work fine). send that info tome and we will get thing moving. thanks. Justin Justin Arnette GIS Coordinator Operations Division Team Lead Cartographer Wilmington District U.S. Army Corps of Engineers 910-251-4196 justin.r.arnette@usace.army.mil -----Original Message ---- From: HORTON,1 TODD CIV USARMY CESAW (US) Sent: Monday, March 25, 2019 7:36 AM To: Manning, John E CIV USARMY CESAS (US) <John.E.Manning@usace.army.mil>; Arnette, Justin R CIV USARMY CESAW (US) <lustin.R.Arnette@usace.army.mil> Subject: FW: [Non-DoD Source] Re: Gross and Shaw extension -----Original Message ---- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Thursday, March 21, 2019 5:07 PM To: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil> Subject: RE: [Non-DoD Source] Re: Gross and Shaw extension Thanks ... I wasn't sure. Initially, the applicant was proposing to use Adam Kneirim as their contractor, but now may be going with Michael Bostic? I'll have to follow up with the consultant on this. -----Original Message ----- From: HORTON, J TODD CIV USARMY CESAW (US) Sent: Thursday, March 21, 2019 4:13 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: Annette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil> Subject: RE: [Non-DoD Source] Re: Gross and Shaw extension Liz, I'll discuss with John Manning tomorrow, but the consent was issued to Michael Bostic, so not sure it "covers" other entities, such as Bradley Creek. I'll verify and get back with you. Todd ----Original Message ---- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Thursday, March 21, 2019 4:06 PM To: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil> Subject: FW: [Nan-DoD Source] Re: Gross and Shaw extension Please see attached. Thanks! Liz -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Thursday, March 21, 2019 4:04 PM To: Arnette, Justin R CIV USARMY CESAW (US)<Justin.R.Arnette@usace.army.mil> Cc: Manning, John E CIV USARMY CESAS (US) <John.E.Manning@usace.army.mil> Subject: FW: [Non-DoD Source] Re: Gross and Shaw extension Justin, I received the attached Consent to Cross associated with the proposed work at the Bradley Creek site. Please let me know if you have any questions or outstanding issues with this project. We are ready to issue. Thanks, Liz ---Original Message ---- From: Finch, Greg [mailto:gfinch@lmgroup.net] Sent: Tuesday, March 19, 2019 10:13 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: Re: [Non-DoD Source] Re: Gross and Shaw extension Liz, RECEIVED I just received the updated copy. See attached. API) 9 0 19 DCM-i HCD CITY Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@Imgroup.net <mailto:gfinch@lmgroup.net> Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 Blockedwww.lmgroup.net <BlockedhttP://www.lmgroup.net> On Fri, Feb 1, 2019 at 5:26 PM Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil <mailto:Sarah.E.Hair@usace.army.mil> > wrote: Thanks Greg, Navigation and Real Estate are asking for a copy. They can't find theirs. Please forward to me at your convenience. Liz -----Original Message ---- From: Finch, Greg [mailto:gfinch@lmgroup.net <mailto:gfinch@lmgroup.net> ] Sent: Thursday, January 31, 2019 8:19 AM To: Spears, Courtney <courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> >; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil <mailto:Sarah.E.Hair@usace.army.mil>> Subject: [Non-DoD Source] Re: Gross and Shaw extension Courtney, Liz: Adam Knierim confirmed that Agnes Beane has a consent agreement in place for DA248. See DACW21-9-11-0018. For the Shandy Point Project for Burrows Smith, there is no need for one to access the Shore Acres property adjacent to DA251. Thanks, Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 ) Cell: 910-470-4734 Email: gfinch @Imgroup.net<mailto:gfinch@lmgroup.net> <mailto:gfinch@lmgroup.net <mailto:gfinch@lmgroup.net>> Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 Blocked Blockedwww.Imgroup.net <Blockedhttp://Blockedwww.Imgroup. net><BlockedBlockedhttp://www.Imgroup.net> On Tue, Jan 29, 2019 at 4:14 PM Spears, Courtney <courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> <mailto:courtney.spears@ncdenr.gov<mailto:courtney.spears@ncdenr.gov>> > wrote: Hi Greg, We still need more time for agency review on this project — see letter attached. Please let me know if there are any questions. Thankyoul Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental quality 910 796 7426 office courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> <mailto:courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> > 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED APR 3 0 9019 DCM-MF D CITY I NL Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, February 01, 2019 5:27 PM To: Finch, Greg; Spears, Courtney Subject: [External] RE: [Non-DoD Source] Re: Gross and Shaw extension 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> Thanks Greg, Navigation and Real Estate are asking for a copy. They can't find theirs. Please forward to me at your convenience. Liz -----Original Message ----- From: Finch, Greg [mailto:gfinch@lmgroup.net] Sent: Thursday, January 31, 2019 8:19 AM To: Spears, Courtney <courtney.spears@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sa ra h. E. Ha i r@ usace.a rmy. m i I> Subject: [Non-DoD Source] Re: Gross and Shaw extension Courtney, Liz: Adam Knierim confirmed that Agnes Beane has a consent agreement in place for DA248. See DACW21-9-11-0018. For the Shandy Point Project for Burrows Smith, there is no need for one to access the Shore Acres property adjacent to DA251. Thanks, Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@lmgroup.net <mailto:gfinch@lmgroup.net> Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 Blockedwww.Imgroup.net <Blocked http://www.lmgroup. net> On Tue, Jan 29, 2019 at 4:14 PM Spears, Courtney <courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> > wrote: RECEIVED Hi Greg, APR 3 0 2019 DCM-MHD CITY We still need more time for agency review on this project — see letter attached. Please let me know)f there are any questions. Thankyou! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and:from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Consent No. DACW21-9-19-0018 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS SAVANNAH DISTRICT Consent No. DACW21-9-11-0018 Project: IW WNC6 Tract No. 4E and 5E CONSENT TO CROSS EASEMENT WHEREAS, the United States, has acquired a perpetual easement over Tract Nos. 4E and 5E, Disposal Area 248, Atlantic Intracoastal Waterway, North Carolina, from Shore Acres Company, by virtue of Easement Deed dated 8 February 1985, recorded at New Hanover County on 11 February 1985, Book 1278 Pages 1215-1218; and WHEREAS, the United States has been requested to give consent to cross this area for the purpose of disposal of dredge material on adjoining private lands and; WHEREAS, the Wilmington District, U.S_ Army Corps of Engineers is responsible for the operation and maintenance of Disposal Area 248, Atlantic Intracoastal Waterway Project. NOW THEREFORE, the United States hereby gives consent to Mr. Michael Bostic, P. O. 1039, Wrightsville Beach, NC 28480 to cross Disposal Area 248 at the location shown on EXHIBIT "A" attached hereto for the period beginning July 1, 2018 and ending June 31, 2019; PROVIDED HOWEVER, that this consent is subject to the following conditions: 1. All activities conducted on the premises shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 2. The giving of this consent does not in any way subordinate the United States' prior easement rights. The United States shall in no case be liable for any damage or injury to the structures herein consented to, which may be caused by any action of the United States under its easement, or that may result from the firture operations undertaken by the United States, and no claim or right to compensation shall accrue from such exercise of the United States' easement rights. 3. The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the consented activity. 4. This instrument is effective only insofar as the rights of the United States in the premises are concerned; and the grantee shall obtain such permission as may be required on account of any other existing rights. It is understood that this consent does not eliminate the necessity for obtaining any Department of the Army permit which may be required pursuant to RECEIVED APR 3 0 )nlg DCtV'-1V-HG CITY Consent No. DACW21-9-19-0018 the Provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. 3 403), Section 404 of the Clean Water Act (33 U.S.C. Section 1344) or any otherpermit or license which may be required by Federal, state, interstate or local laws in connection with use of the premises, 5. Dredged material cannot be placed within the USACE ROW, nor can the top of dike be utilized to access property outside of the ROW. 6• Grantee must provide a "Schedule for Work" for construction activities to the Wilmington District, U.S. Army Corps of Engineers Navigation Land use Coordinator telephone number (910) 251-4196. This schedule must be provided at least thirty (30) days prior to the commencement of this segment of your work. 7. All USCG requirements must be fulfilled including, but not limited to, installation of required signage prior to commencement of work within the AIW W right-of-way. The Grantee shall be responsible for contacting the appropriate personnel at the US Coast Guard Group Fort clearances. Macon as well as the Wilmington Marine Safety Office and obtaining any necessary permits or 8. All work shall be conducted in strict accordance with applicable Department of the Army (DA), North Carolina Department of Natural Resources (NCDENR) and United States Coast Guard (USCG) requirements. 9. Grantee must install the pipeline, such that, no pipe shall be installed above —20 ft NGVD 1929 vertical datum within the 90-11 channel width of the AIW W. 10. Grantee must provide an "As -built" survey indicating the vertical and horizontal location of the pipeline alignment. Grantee shall provide both plan and cross -sectional views indicating following features: shoreline, channel limits, pipeline alignment, and signage location. The survey must be referenced to the North Carolina State Plain Coordinate System NAD 1983 US survey feet horizontal datum and NGVD 1929 US survey feet vertical datum. The "As Built' survey shall be submitted in one of the following digital format: ".dwg", , dgn.", or ".SHP". The "As Built" survey must be submitted within thirty (30) days of completion of the HDD activities to the U.S. Army Corps of Engineers, Wilmington District, P.O. Box 1890, Wilmington, North Carolina 28402. RECEIVED APR 3 0 2019 DCk.4_t,v r5 CITY Consent No. DACW21-9-19-0018 11, The Grantee understands and agrees that require the removalreloif future operations by the United States right-of-way herein, cation, or other alteration, of the structure or work within the AIW W authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Grantee will be required, upon due notice from the Corps Of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. This Consent is not subject to Title 10 USC 2662 as amended. 1N WITNESS WHEREOF, I have hereunto set my hand by of the Army, this day of authority of the Secretary THIS CONSENT is also executed by the grantee this /S} day of 7Sp" t/A" 1�61 i Mr. Michael Bostic PRINT NAME: tWtW,4&G RECEIVED APR 3 0 nig DCM-MHD CITY RECEIVED APR 3 0 2019 DCM-MHD CITY DCM WILbi WTON, NC JAN242019 ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the hack of the mallpiace, _ or on the front if space permits. 1. Article Addressed to: IhWM,MAN C REVT,RuSI 6lA, W 2 SQI tib ri Qei vl�- VWWWG(WrNL 294D3 ii niiiii ml uI l i i II I lu iuiii i ii i I I B II II III 9590 9403 ft9 5077 8210 71 7005 1820 0002 9135 8146 i PS Form 3811, Apra 2o15 PsN 753m2-owmw ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mtailplece, or on the front if space permits. t. Micla Addressedto: ---- f4ls "IV J Ji2 q(1"WO d?M(-pS)YrKW Wi►I1AA/6S/,AK/ZW IIIIIIIII IIII IIIII IIIIIII III�III'II III II III III 9590 9403 0119 5077 8210 84 I. reuse �(1fansNrrlaln service label) 7005 1820 0002 9135 8139 Ps Form 3811. April 2015 PSN 7530-(12-00a9D53 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the from if space permits. --- 1. Artlde Addressed to. �JbSEPH C, ti A/ANU/ K WNW H)i Bfu9pl� (REE►�I�iNr� +O k/jUA,iWtU,A&/ 28Ltq3 9590 9403 0119 5077 8210 88 2. Article Ntnntler (fiarrsler lro,n aerMce leba9 7005 1820 0002 9135 8153 PS Form 3811, Apra 201 s PSN 7t�10-02-0DD.ep53 X'tcrE? 6/ O AO Add L3.es. B. RacNved by Nrrq) 0. of t v M Is ddmy a YES. a" No r o �'m d*j DeiNrl Vt. 41 br D Carma ❑Cokolanp u{,rn ions ❑ Yraad IftillMW DaPl.m ❑ YMMedIY DNiwry Dornastic Return Receipt X ❑ Agent ❑ Addressee B. Recelvsd bby, PMW Na 7W C. Date of Delivery -t\ V- I V(L—ki1 ti D. h deNay adk�ess dRfeerR iortt item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. SeMce Type ❑ Prlarey Melt E Messd U MUM S19nasaa U Radstered MaiTM :] s Sipnebre Fkeatrktetl IblvarY llistl Mall® ❑ Ragls:;*d Mall Restricted R:J,% DeYtrerr ❑ q b ❑ calect. Del ❑ Cciect on Daffy Restricted DelNery ❑ slgnatue COMR m - ❑ Ir�ad Mall Ll Somb. Co WaM CI Ial--J MeY Residctad Delivery Restricted Dek y Domestic Return Receipt 0 AMM D. is delvery ed0ese delarerR Rem 79 M vas R YES, enter ddimy mdnees below: 0 No J. servile Type L7 Adult Slgnatum Prbdty MBY Ex�ressa Ll MIA S��tn•nuro %strk;led lild MMY DeNvary Rsalskered ManTM R=,ey'etl MeY ReMrkted Lltierril„v! MeY Raasfctad Deft,,y ❑ Conect on DWKwy El Feu Receipt for ❑ calect on DaYra,y Rmay%ed D*v" MwManr),su ElSlgretue Can@matbnTM D Yriaetl Man ❑ Slgnawm Conrmnetion ] tl M Newared Rastdchd Delvsy 4a Rastrcted Del a y Domestic Retum Receipt NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Bradley Creek / AIW W Fee: $400 #1455 CDAITS _ MHC cc t� Applicant: Dustin Gross & Harry Shaw Agent/Contractor: Land Management Group c% Greg Finch Project Site County: New Hanover i Staff: Brooks Surgan District: Wilmington Project Name: Gross & Shaw Dredge Project Rover File: We River Basin: Cape Fear Initial date of application submittal:10-23-18 Date application "received as complete" in the Field office: I 1 (� Permit Authorization: CAMA ❑ Dredge & Fill gBoth SITE DESCRIPTION/PERMIT INFORMATION ORW: [_]Yes XNo PNA: ❑Yes KNO Photos Taken: Yes ❑ No Setback Required (riparian): YesfflNo Critical Habitat: ❑Yes INNo ❑Not Sure 15 foot waiver obtained: ❑Yes No Hazard otification Returned: [] Yes No SAV: ❑Yes Po ❑Not Sure Shell Bottom: ❑Yes No ❑Not Temporary Impacts: []Yes No Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use cl ssification come Mitigation Required (optional): from county LUP: Ves []No ❑Yes kiNo Moratorium Conditions: Environme�ntal Assessment Dane: Length of Shoreline: []Yes❑No ❑NA DyesV No ❑NA 0 FT Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- lose SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to I ❑ Express Permit - $2000 acre; 4144 can be applied - $400 RECEIVED ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill-$400 NOV 2 7 2018 ❑ 1. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 DCM-MHD CITY Dustin Gross 6 Harry Shaw Date: 10-23-1 B Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One �lC./IA�6l�vr Work Pq E Replace 1 M� ❑ YO N ��,(J4�Adl4'fUf1 y. New Work ❑ Maint X . Replace Ely k N V New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ Ely ❑ N New Work ❑ Replace Maint ❑ Ely ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) im actamount) temp impacts) amount 1 1.SY5 Dredge KFill ❑ Both ❑ Other ❑ �{$g5 I �O J Dredge ❑ Fill Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1-888-4RCOAST :. www.nccoastalmanaaement.net revised: 2.26-2018 r Permit Fee ul Project Name: County: (ft k PW-(Ibokww Pe,J 4l lip/ Check No Amount 1155 0`w - Development Type Fee DCM % (14300160143510009316256253) DWQ % (2430016024351000952341) 1. Private, non-commercial development at does not involve the filling or cavation of any wetlands or open water yeas $250 100% ($250) 0 /0 0 I. Public or commercial development that does not involve the filling or excavation EJ f any wetlands or open water areas: t1 $400 100% ($400) 0% ($0) III. For development that involves the fling and/or excavation of up to 1 acre of tlands and/or open water areas, termine if A,B, C, or D below applies: ,. III(A). Private, non-commercial � evelopment, if General Water Quality rtification No. 4144 (See attached) can applied: $250 100% ($250) 0% ($0) I III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied $400 100% ($400) 0% ($O) III(C). If General Water Quality rtification No. 4144 (see attached) uld be applied, but DCM staff f etermined that additional review and W� ritten DWQ concurrence is needed because of concerns related to water uality or aquatic life: $400 60% ($240) 40% ($160) MID), If General Water Quality Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas $475 60% ($285) 40% ($190) 'RECEIVED NOV 2 7 2018 jCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/30/2018 Susan G and Dustin J Dustin Gross and Wells Fargo 14SS $400.00 major fee, 409-417 Bradley BS rct. 7401 Gross Harry Shaw Creek Point Rd, Wilmington NHCo SPLIT 60/40 RECEIVED NOV 2 1 2018 DCM-MHD C{TY RECOMMENDATIONS FOR: Dustin Gross & Harry Shaw November 16, 21118 It is the staffs recommendation that the proposed initial dredge event and the maintenance excavation footprint within the existing basin and access channel to Bradley Creek appears to be CONSISTENT with15 NCAC 07H.0208 (b)(l). It is the opinion of this office that the area for the proposed excavation is located within an existing channel and basin that has been historically used for docking and navigational purposes. This office has no objection to the proposed work, provided it is consistent with all state and federal permitting requirements. RECEIVED NOV 2 7 2018 DCM-MHD CITY 0 NORTH CAROLINA Environmental (halit}. November 19, 2018 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • 4905, 4907, 4909 E. Beach Drive / Brunswick County • Gross & Shaw / New Hanover County ROY COOPER Oo[enmr MICHAEL S. REGAN k.rrum BRAXTON DAVIS OIn.'LTOr Divivia, uJ Crxrsla/ Mmmgemrnt Hello Angie: Please publish the attached Notice in the Thursday, November 22, 2018 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, JShaun K. Simpson Permitting Support & Customer Assistance cc: MHC Files Courtney Spears - WiRD Liz Hair - USACE RECEIVED Nov 27 2013 State of North Carolina I Environmental Quality I Coastal Managemmt 127 Cardinal Drive Dot, Wilmington, NC 28405 919 796 7215 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On November 9, 2018, the Town of Oak Island proposed to construct a single family dwelling with associated §404 Wetland fill at 4905, 4907, and 4909 E. Beach Drive, adjacent to the Atlantic Ocean, in Oak Island, Brunswick County, and on November 15, 2018, Dustin Gross and Harry Shaw proposed to excavate an existing access channel and basin at 409-417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Tara MacPherson (BR Co.) or Brooks Surgan (NH Co.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7215 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 12, 2018 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED NOV 2 7 2018 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Dustin Gross & Harry Shaw c/o Greg Finch (LMG) 2. LOCATION OF PROJECT SITE: Site is located at 409-417 Bradley Creek Point Road, adjacent to Bradley Creek, in Wilmington, New Hanover County. Photo Index — 2006: 22-7423 F-7, G-7,8 3. INVESTIGATION TYPE: CAMA / D&F Lat:34°112'36.80"N Long:77°49'27.60"W 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—11/16/2018 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 10/23/2018 Complete—11/15/2018 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington/New Hanover County Land Classification From LUP — Developed (Residential), Conservation (Open Water) (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Septic Planned- N/A (F) Type of Structures: Existing- Single-family residences, driveways, private docking facilities Planned- Excavation of channel and basin. 8. (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: ]AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Shading) (B) Non -Vegetated Wetlands (Open Water) I 1,885 sq.ft. (C) Other - Highground (Spoil Disposal) 1,885 sq. ft. (D) Total Area Disturbed: 3,770 sq. ft. (0.087 acres) (E) Primary Nursery Area: No (Permanent Secondary) (F) Water Classification: SC Open: No PROJECT SUMMARY: The applicant proposes to excavate an existing access channel and basin within Bradley Creek. RECEIVED NOV 2 7 2018 DCM-MHD CITY Dustin Gross & Harry Shaw Page 2 9. PROJECT DESCRIPTION The subject properties are located at 409-417 Bradley Creek Point Drive, in Wilmington, New Hanover County. To locate the properties from the Wilmington Regional Office (WiRO), take Eastwood Road and travel east towards Wrightsville Beach approximately 2.0 miles. Tom right onto Military Cut -Off Road and travel south approximately 0.5 miles until you reach Airlie Road. Turn left onto Airlie Road and travel approximately 0.7 miles east until you reach Bradley Creek Point Road. Turn right onto Bradley Creek Point Road and continue until the road forks. Tom left at the fork and continue until you reach the properties of interest, which will be located on the left. The proposed dredge area is bordered by residential properties. There are four properties located on the north side of to the project area located on Bradley Creek Point Road. These lots are on average approximately 0.65 acres and consist of existing single-family residences, driveways, and docking facilities. The parcels also border what seems to be a man-made channel and basin that connects to the channel in Bradley Creek and terminates at a private docking facility located at 417 Bradley Creek Point Road. The upland area of the project site is vegetated primarily with upland trees and ornamental grasses and shrubs. There is a narrow section of section "404" type wetlands located on the waterward side of the property, which consists of Marsh Pennywort (Hydrocotyle umbellata), and Sea Oxeye (Borrichia frutescens). Coastal wetlands species located adjacent to the project area include but are not limited to: Cattail (Typha sp.), Black Needle Rush (Juncos roemarianus), and Smooth Cordgrass (Spartina alterniora) in an area ranging approximately 60' to 150' in width. Based on permit history for dredge and fill and historical aerial photography, it appears the channel was originally permitted under State Permit No. 74-76 which authorized excavation starting from Bradley Creek and ending in front of the property located at 411 Bradley Creek Point Road. Approved project plans show the channel measured approximately 25' wide at Bradley Creek and opened in to a basin measuring 40' wide in front of the 411 Bradley Creek Point Road at a depth of -6' at Mean Low Water (MLW). State Permit No. 78-77 authorized the expansion of the basin to allow for deeper water at the docking facility located at 415 Bradley Creek Point Road. The expansion measured 40' wide by 107' long and -6' at MLW. It appears from the aerial photograph provided by the applicant dated 1981 that the dredge footprint exceeded the limits authorized in the permit and created a deep -water area in front of the parcel located at 417 Bradley Creek Point Road. State Permit No. 59212 was issued on April 13, 2012 to the property located at 415 Bradley Creek Point Road for maintenance dredging within the basin and channel and authorized the spot removal of approximately 1,209 sq. ft. of shallow bottom material. The waters of Bradley Creek, which are located adjacent to the property, are classified as SC by the Division of Water Resources. This area is NOT designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and according to maps provided by the Shellfish Sanitation Section, the area is CLOSED to the harvesting of shellfish. PROPOSED PROJECT The applicant proposes to excavate an existing access channel and basin within Bradley Creek. An initial dredge event is proposed to remove approximately 200 cy of material from an area measuring 1,885 sq. ft. adjacent to the docking facility located at 417 Bradley Creek Point Road (see Sheet 7 of 8). Shallow bottom material would be removed mechanically by bucket -to -barge method and deposited at a privately -owned spoil disposal site identified by the applicant as Parcel ID No. R06300-002-001-000. The spoil site is located approximately 0.7 miles north of the project site and adjacent to USACE Disposal Site No. DA-0248 at the confluence of the AIWW and Motts Channel (see Sheet 8 of 8). The disposal site is owned by Ms. Agnes Beane who has approved the applicants use of the site for this project in the enclosed letter of agreement. The application states that the material would be off loaded and placed outside the USACE Easement Boundary on the eastern portion of the island. The proposed spoil site is commonly used as a disposal site by local marine contractors. The proposed final water depth for this area would be 4' at MLW in connection to a waterbody that has a water depth of -6' at MLW. RECEIVED NOV 2 7 2018 DCM-MHD CITY Dustin Gross & Harry Shaw Page 3 The applicant also proposes to establish a permanent dredge footprint for the existing channel and basin to allow for future maintenance events and continued access to Bradley Creek for the property owners at 409-417 Bradley Creek Point Road. The proposed footprint would measure approximately 490' in length and would expand the width of the channel from its historical width of 25' to a final width of 40'. The proposed access channel would have an established water depth of -4' at MLW. The applicant proposes a 12' offset from the edge of the 40' wide channel which would create a slope of 3:1 bordering the channel. 10. ANTICIPATED IMPACTS The proposed initial dredging would disturb approximately 1,885 sq. ft. of shallow bottom area and would result in the removal of approximately 200 cy of material from the existing basin and access channel system. The application states that the proposed maintenance dredging limits would maintain a 12' offset from the location of the 40' wide channel to allow for a 3:1 slope and would not include any coastal wetland impacts. The disposal of the material would impact approximately 1,885 sq. ft. of highground, which would be located on an existing spoil island at the confluence of the AIW W and Motts Channel (adjacent to USACE Disposal Site No. 0248), which is commonly used as disposal site by local marine contractors. Minor increases in turbidity should be expected during the dredging event; however, no long term adverse impacts are anticipated Submitted by: Brooks Surgan Date: November 16, 2018 Office: Wilmington RECEIVED NOV 2 7 2018 DCIW-MHD CITY 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative The project is located adjacent to 409 to 417 Bradley Creek Point Road in the historically maintained side channel that connects to the maintained Bradley Creek channel in Wilmington, New Hanover County. The applicants are proposing to maintain their slip depths by excavating accumulated sand from around their docking facilities. Maintenance dredging of the entire 490' long x 40' wide access channel to -4 MLW is requested for future maintenance events to ensure access to the Bradley Creek channel. Based on the hydrographic survey results, only the -200 cubic yards of accumulated sand above -4 MLW around the two docking facilities is proposed for bucket to barge dredging for the initial maintenance event. The remaining portions of the channel are currently below -4 MLW but future maintenance events are anticipated. The spoil location for the initial event is located on DA-251 outside of the USACE right-of-way. See Appendix A for details. RECEIVED NOV 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC LAMA Permit Application for Major Development - October 2018 409-417 Bradley Creek Point Rd Wilmington, New Hanover County, North Carolina 7 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12,27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) NA 409-417 Bradley Creek Point Rd Applicant 1: First Name MI Last Name Dustin NA Gross Applicant 2: First Name MI Last Name Harry NA Shaw If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 417 Bradley Creek Point Road Wilmington NC ZIP Country Phone No. FAX No. 28403 USA 919-360-3448 NA Street Address (if different from above) City Stale ZIP NA Email dustin@144mgt.com 2. Agent/Contractor Information Business Name Land Management Group, Inc. Agent/ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2: First Name MI Last Name Steve Morrison Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No.1 Phone No. 2 28403 910 452-0001 ext. NA NA ext. NA FAX No. Contractor # NA NA Street Address (if different from above) City State ZIP NA Email gfinch@lmgroup.net; smorrison@lmgroup.net Be ITY CAMA Permit Application for Major Development — October 2018 RECEIVED DCM WI ON, NC 409-417 Bradley Creek Point Rd Wilmington, New Hanover County, North Carolina OCT 2 3 1018 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover Access channel adjacent to 409-417 Bradley Creek Point Rd NA Subdivision Name City State Zip Bradley Creek Point Wilmington NO 28403 Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Bradley Creek and AIWW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) NA NA +/- acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please attach additional page with a list) NA ®NHW or ❑NWL e. Vegetation on tract NA, access channel. IF Man-made features and uses now on tract Residential docks and piers and bulkhead. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential. It. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No RECEIVE k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? NOV 2 7 I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No []NA Register listed or eligible property? DCM-MHD RECEIVED DCM WILMINGTON, NO CAMAPermit Application for Major Development — October 2018 OCT 2 3 2�1� 409-417 Bradley Creek Point Rd Wilmington, New Hanover County, North Carolina 2 018 ITY m. (1) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal for adjacent homes o. Describe existing drinking water supply source. Municipal for adjacent homes p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to restore historically maintained depths to the residential docking facilities.. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Bucket to barge maintenance dredging. d. List all development activities you propose. No development, maintenance dredging only. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance dredging f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA ECEIVE j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. Noy 7 20 QCM-MHD CITY RECEIVED DCM WILMINGTON, NC CAMA Permit Application for Major Development —October 2018 OCT 2 3 2018 409-417 Bradley Creek Point Rd Wilmington, New Hanover County, North Carolina 3 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package lobe complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Howard, Mary C Rev Trust Etal Phone No. NA Address 6,612 Spring Garden Dr, Wilmington, NC 28403 Name Joseph C and Nancy K Hearne Phone No. NA Address 411 Bradley Creek Point Rd, Wilmington, NC 28403 Name Faris John J Jr Phone No. Address 409 Bradley Creek Point Rd, Wilmington, NC 28409 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization forth, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 10/12/2018 Print Name: Greg Finch, Agent, Land Management G rou p. Inc. Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information LAMA Permit Application for Major Development — October 2018 409-417 Bradley Creek Point Rd Wilmington, New Hanover County, North Carolina RECEIVED NOV 2 7 2013 DC"HD CITY RECEIVED DCM WILMINGTON, NC OCT 2 3 2018 4 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Channel Boat Boat Rock Rock Other (excluding (NLW or Canal Basin Ramp Groin Breakwater shoreline NWL) stabilization) Length 490 Width 40 Avg. Existing -3 7 NA NA Depth Final Project -4 NA NA Depth 11. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. -200 cy; C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: NA b. Type of material to be excavated. Sand d. High -ground excavation in cubic yards. None 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Upland portions of DA-248 outside of USACE ROW Irregular, less than 1 acre. c. (i) Do you claim title to disposal area? ❑Yes ®No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: NA. LAMA Permit Application for Major Development - October 2018 409-417 Bradley Creek Point Rd Wilmington, New Hanover County, North Carolina d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA (ii) If yes, where? NA I. (i) Does the disposal include any area in the water? []Yes ®No []NA (ii) If yes, how much water area is affected'PE``EIVED Upland disposal location to be determined. NOV 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC 5 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. M Will fill material be brouaht to the site? ❑Yes ®No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas. NA 15. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Existing vegetation, silt fence and/or berm at disposal location. Bucket to barge dredge initial event. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ®No ❑NA she? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize NA environmental impacts. NA Date 10/12/2018 Prmcct N=e 409-417 Bradley Creek Point Road Applicant Name Dustin Gross and Harry Shaw Applicant Signature t'k" �t`/Ijt/�/� Greg Finch, Agent, Land Management Group, Inc. n� CAMA Permit Application for Major Development — October 2018 409-417 Bradley Creek Point Rd Wilmington, New Hanover County, North Carolina NOV 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC E AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: Dustin Gross and Harry Shaw 417 Bradley Creek Point Road Wilmington, NC 28403 910-360-3448 dustin@144mgt.com I certify that I have authorized Land Management Group Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: maintenance dredging within the access canal adjacent to 409-417 Bradley Creek Point Road and Bradley Creek at my property located at waters adjacent to Bradley Creek Point Rd, Wilmington in New Hanover County. Y I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signal re �s{ • � .1 Gyos S ,f,.�rr y /1iI. S�i.z r,J Print or Tye Name Title (.9ds Date This certification is valid through 12 /31 12019 RECEIVED DCM WILMI GTON, NC NOV 15 2018 4LMG r a DAVEYT, company I�i%.� 16dS7i C , serving as the Property Manager for Agnes Beane, grant the Applicants, Dustin Gross and Harry Shaw, for the 409-417 Bradley Creek Point Road CAMA Major Permit project, permission to place approximately 200 cubic yards of dredge spoil on PID: R06300-002-001-000 and as shown on the attached Spoil Disposal Area figure. / Signed Date www.imgroup.net • Phone: 910.452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director November 16, 2018 Land Management Group, Inc. c/o Greg Finch 3805 Wrightsville Beach Ave., Suite 15 Wilmington, NC 28403 Dear Mr. Finch: The Division of Coastal Management hereby acknowledges that on November 15, 2018 we received your completed application, acting as agent for Dustin Gross and Hang Shaw, whereby you are requesting State approval for development located adjacent to 409417 Bradley Creek Point Road, adjacent to Bradley Creek, in Wilmington, New Hanover County. The projected deadline for making a decision on your permit application is January 29, 2019 (with the exception of receiving green cards). An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 15, 2018 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-I 19(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 on -site 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, Brooks Surgan Field Representative cc: Courtney Spears, DCM-WIL Liz Hair, USACE Doug Huggett, DCM-MHC Dusting Gross, Applicant Christine Bouffard, LPO Harry Shaw, Applicant North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Fxtension I Wilmington, North Carolina 28405 910.796.7215 To exit AMA PERMIT rm ma lErn FC knance excavation COMMENTS ACCEPTED THROUGfpecember 12, 2018 APPLICANT: Agent: Greg Finch (910) 452-0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER. BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Brooks Surgan, Field Representative 910-796-7270 AZALEA 3916 OLEANDER OR WILMINGTON NC i 28403-6758 3686440406 10/22/2018 (80D)275-8777 12;17 PM Product Sale Rlnal Description OtY Price First -Class $2.26 Mall Large Envelope (Domestic) fill NC 28403) fght:O Lb 6.90 Oz) 1 $3. Return 1 $2.75 Receipt (DOUSPS Return Receipt N) (9590940301195077821071) First -Class 1 $2.26 Mail Large Envelopt HPILMINGTON, NC 28403) (Welght:0 Lb 6.90 Oz) (Estimated Delivery Date) (Wednesday 10/24/2018) ULLed 1 Return 1 $2.75 Receipt (®OUSPS Return Receipt N) (9590940301195077821064) First -Class 1 $2.26 Mail Large Envelope /t(Welght:O L 6. 2OZ) elght:0 L4 6.90 Oz) (Estimated Delivery Date) (Wednesday 10/24/2018) Certified 1 'i Return 1 $2.75 Receipt (NUSPS Return Receipt N) (9590940301195077821088) Total $25.38 Credit Card Remitd $25.38 rc�.a u„�•urcn� 7005 1820 0002 91`3m8OR ?nn5 1,A20 0002 9135 8146 7005 1820 0002 9135 8153 AZALEA 3916 OLEANDER DR WILMINGTON NC 28403-6758 3686440406 10/22/2018----(800)275_8777 12_17 PM Product Sale Final Description Oty Price First -Class 1 $2.26 Mail Large Envelope INGF6N, NC 28403) ht:0 Lb 6.90 Oz) mated Delivery Date) esday 10/24/2018) d__ 1 $3 Return 1 $2.75 Receipt (IOUSPS Return Receipt N) (9590940301195077821071) First -Class 1 $2.26 Mail Large Envelope (Do c LMINGTON, NC 21403) (Welght:0 Lb 6.90 Oz) (Estimated Delivery Date) (Wednesday 10/24/2018) d 1 .45 (IOUS er le a 1 N> (70051820000291358139) Return 1 $2.75 Receipt (1@U$PS Return Receipt B) (9590940301195077821064) First -Class 1 $2.26 Mail Large Envelope �V( Tkght:O L 6. 28403) Oz) eight:0 Lb 6.90 Oz> (Estimated Delivery Date) (Wednesday 10/24/2018) Certified 1 Return 1 $2.75 Receipt (11USPS Return Receipt N) (9590940301195077821088) Total $25.38 Credit Card Remitd $25.38 (Card. Nalen•VLCOi _.. U.S. Postal Services, CERTIFIED MAIL,., RECEIPT .� (Domestic Mail Only; No Insurance Coverage Provided) Ln /� ^ WILIj�TNCt�tUt N 41 A L t� 0406 Ir Poseye 6 25 ru o cenmed Fee SO. UO Pee men 0 O (Endorsement Required) fD.DD Here O Restricted DelWery Fee ni(Endorsement Regwretl) r-i $2. 10/22/2018 Total Pcetege & Fees trl —� r3 e or!'O aox N0. jr j.�) 'Sf 1(' IIiIY vi7J51.7r-N }.CU.r1`------.--. U.S. Postal Service,,., MAIL,, RECEIPT CERTIFIED (Domestic Mail Only; No Insurance Coverage Provided) e m WII NI_-iFl G"4�3A L U S E_J � P 75 04U6 25 $0.00 ru M Cenitled Fee O Postmark SO.00 M Retum Receipt Fee (Endomarrent Required) Here ru Raetrlcted Delivery F6e (EMoreament Required) CIO . • . $ a f2 Total Postage&Fees 10/22/2018 Ln tst 1:3 To � G` Nfllll q.-K.O�Alwa U z z W00 >Z U2 W J cr 0 U 0 W. or AZALEA m 3916 OLEANDER OR -I .. WILMINGTON NC Ln m 28403-6756 I WI 3686440406 10/22/2018 (800)275-8777 12:17 PM Er F OS ru C3 Certified Fee Product Sale Final o Description Oty Price o (Emiore¢ment Required)Re First-Cllass 1 $2.26 nu Reenmedoe" Fee Mail (Enaorsemeirt Reywrea> Large Envelope Ln $2. (Domestic) — Postage Fe69 (W N. NC 28403> elght:0 Lb 6.90 Oz) a r !- �J}1- (Estimated Delivery Date) aaneo ' ednesday 10/24/2018> �r+r . 1 $3.45 ..----------- Return 1 $2.75 Receipt (NUSPS Return Receipt H) (9590940301195077821071) First -Class 1 $2.26 Mail Large Envelope (Do c> �FWILMINGTON, NC 28403> (\/ (Welght:0 Lb 6.90 Oz> (Estimated Delivery Date> (Wwrinwc()wv 10/24/2018) (700518200002913bt$139) Return 1 $2.75 Receipt (NUSPS Return Receipt N) (9590940301195077821064) First -Class 1 $2.26 Mail Large Envelope (DomestiTON, NC 202") eight:0 Lb 6.90 Oz> (Estimated Delivery Date) (Wednesday 10/24/2018) Certified 1 $ ------- - Return 1 $2.75 Receipt (®®USPS Return Receipt A) (9590940301195077821088) Total $25.38 Credit Card Remitd $25.38 (CRrd Nemm VT40).. 0406 $0.00 25 $0.00 Hers 10/22/2018 U z z 00 0 uiz 02 W J f U O -4LMG LAND MANAGEMENT GROUP a DAJEY#- company October 22, 2018 TO: Brooks Surgan North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 409-417 Bradley Creek Point Rd Brooks, Please find enclosed a CAMA Major Permit application, supporting materials and $400 fee check for the maintenance dredging project located adjacent to 409-417 Bradley Creek Point Road in Wilmington, New Hanover County. Adjacent riparian landowner notifications have been sent by certified mail and the return receipts will be forwarded once received. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, Greg Finch Land Management Group Enclosure: CAMA Major Permit Application and $400 fee check cc: Dustin Gross and Harry Shaw RECEIVED DCM WILMINGTON, NC OCT 2 3 2018 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Contents 1. Form DCM-MP-1...................................................................................................................................1 2. Form DCM MP-2...................................................................................................................................5 3. DCM MP-1 Section 6.0 Additional Information....................................................................................7 3.1 Section 6. a. Project Narrative......................................................................................................7 Appendices Appendix A -Site Location Map and Work Plats Appendix B-Agent Authorization and Adjacent Riparian Owner Notifications, Spoil Disposal Permission Letter RECEIVED DCM WILMINGTON, NC OCT 2 3 2018 LAMA Permit Application for Major Development — October 2018 409-417 Bradley Creek Point Rd Wilmington, New Hanover County, North Carolina ROY COOPER NORTH CAROLINA Governor EnWronmentn/QUalay WOCHAELS.REGAN Secretary BRAXTON C. DAVIS Dimcior November 7, 2018 Greg Finch c/o Land Management Group Inc. 3805 Wrightsville Ave., Suite 15 Wilmington, North Carolina 28402 RE: CAMA Major Development Permit Application 409-417 Bradley Creek Point Road, Wilmington, in New Hanover County Dear Mr. Finch: The Division of Coastal Management hereby acknowledges receipt of your application on October 23, 2018, acting as agent for Mr. Gross and Mr. Shaw, for dredging a channel located adjacent to 409-417 Bradley Creek Point Road, in the City of Wilmington, New Hanover County. However, your application still lacks the information necessary to complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this E- mail with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three days, your application will not be accepted as complete for processing. Additional information may be required pending finther review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. We suggest a preliminary meeting to review the application and address the deficiencies on the checklist. Please let me know when it will be most convenient for you to come in. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796.7270. Sincerely, 0_r-1-z Brooks Surgan Field Representative Enclosures cc: Debbie Wilson, DCM Wilmington Doug Huggett, DCM Morehead City Courtney Spears, DCM Wilmington North Carolina Department of Environmental Quality I Division of Coastal Management Wihtdngton Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 CHECKLIST OF ADDITIONAL REQUIREDINFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION WORKPLAN DRAWINGS The application states that approximately 200cy of material will be removed initially. Indicate on the drawings where the sediment will be removed from and label with volume and surface area. Include a cross section showing the existing grade and final grade of the areas being dredged. ADDMONAL ITEMS Provide a signed agent authorization form by Mr. Gross and W. Shaw. D_EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmmgton Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 .. ,. F a, Hwy 17 i» Hwy 74 i f _F ` ) 4 iZ Hwy 76 Sit kINT RD x� �. Ms Site Location Map .> r �i • NTS i` it *. j ly 's Mill is etR'_ t •I ,eh 'dM mow, J r i •. � Y rC .R y 1 � vMy vp)9 a } a • C,r� . � a Legend NOTES: Maintenance DredgirRjy - - - - - - - 1. TAX PARCELS FROM NHC GIS. DCM WILMINGTON, NC 2. 2016 AERIAL FROM NCONEMAP. 3. NOT A SURVEYED OR ENGINEERED DRAWING. OCT 2 3 2018 4. FOR ENVIRONMENTAL PERMITTING ONLY. PRELIMINARY. b. 3F+ x' NOV 27 FIVED Project: Oate :� Revisiop,Q"-MH[ LM G 409-417 Bradley Creek 10/12/18 Point Road Scale: Job Number. LAND MANACEMENT GROUP 1 -200' 02-18-208 : Tile Site Location �l[tri e'_re' yKggt Numb W05 Wnghtsville Ave, Suite 15 and Wilmington_ North Carolina 28402 Plan View D ILMNGTON, {+ jrof 8 r Legend NOTES: Maintenance Dredging Boundary . . . • • • • 1. MLW DEPTH PROVIDED BY ESP ASSOCIATES, INC. TAKEN JULY 2018. RECEIVED 2. TAX PARCELS FROM NHC GIS. DCM WILMINGTON, NC 3. 2016 AERIAL FROM NCONEMAP. 4. NOT A SURVEYED OR ENGINEERED DRAWING. OCT 2 3 2018 5. FOR ENVIRONMENTAL PERMITTING ONLY. PRELIMINARY. iml A- RECEIVED NOV 2 7 2018 Project: Date: Revision Date. LM G 409-417 Bradley Creek 0/ NA p0"' Iu IT!/ MHD G Point Road Scale Job Number - LANDNI OROUF 1"=30' D2-1$-20$ o11111111FY4 Title: 3805 Wrightsville Ave. Suite 15 Dock Chanit M Sheet Number: D Wilmington, North Carolina 28402 VV�I�a Detail 2 of 8 ;AMA12018 CAMA FILE8102-18-208— Bradley Creek Point Road. Dustin Gross\Bradley Creek Point Basin.dwg At v - � r s Legend Maintenance Dredging Boundary - - - - - - - RECEIVED NOTES: DCM WILMINGTON, NC 1. 1966 AERIAL FROM NHC. 2. NOT A SURVEYED OR ENGINEERED DRAWING. OCT 2 3 201E ri 0 E NOV 2 7 2018 F-4Jad N409-017 Bradley Geek PointRoadDCM-MHD CITY ;LMG ARAGFMFNT C'1' ,_ mm�v Title' 1966 Aerial with 3805 Wrightsville Ave, Supe 15 Approximate w1minpton. North Carolina 2e402 rhannal Ioration I OCT 2 3 2018 Date: Revision Date. 10112118 DCM WILM"GTON, f C Scale: Job Number'. NTS 02-18-208 Drawn By: Sheet Number: GSF 4ot8 Al Maintenance Dredging Boundary RECEIVUQ NOTES: DCM WILMINGTON, INC 1 1981 AERIAL FROM NHC. OCT 2 3 2M Z NOT SURVEYED OR ENGINEERED DRAWING. 10 .. ? .. am...a RECEIVED Pm1ed Date LM G 409-017 Bradley Creek Point Road Swle: N0V2 7 2018 LANDMANAGEMENT GROUP a o f �omraor Title. 1981 Aerial with 3805 Wnghtsvllle Ave, Suite 15 Drawn By Wilmington, Nort402 h Carolina 28APProximate DC"HD CITY - --- --- ---- Channel I OrAtinn 111111101 OYSTW BED 018) 1 S' e w f of . erd�i k ey Cw _.MARSH ISLAND ,(2018) TOP OF SLOPE (12' OFFSET FROM DREDGE CUT) ANTENANCE DREDGI BOUNDARY (BOX CUT TO -4 Mr_WV c f 4 •• Y • y1, • OYSTER BED_� 0+00 ' 2+00 i ` ----- OUTER MARSH EDGE � ,.,._ - - ._.._.._.._.._.._.. _ __ _ _ _i_ Is _ �_._ papa_ PROFILE 1 Station 2+00 3- _ 4+OC F-" 6+00 OYSTER BED LIMITS EXISTING GRADE ACCESS CHANNEL DREDGE CUT TIES INTO m EXISTING MAINTAINED BRADLEY CREEK CHANNEL CD LT_ AT -4 MLW AT TIME OF MAINTENANCE EVENT MAINTENANCE DRE GE CUT TO -4MLW RECEIVED WITH 3:1 SLOPE UP O EXITING GRADE DCM WILMINGTON, N -10 OCT 2 3 2018 0+0 +00 2+00 -_ 6+00 RECEIVED NOTES: 1. MLW DEPTH PROVIDED BY ESP ASSOCIATES, INC. TAKEN JULY 2018. 2. NOT A SURVEYED OR ENGINEERED DRAWING. NOV 2 7 2018 3. FOR ENVIRONMENTAL PERMITTING ONLY. PRELIMINARY. Protect. Date. 10/12/18 Revision Date: NA DCM-MHD CITY � G 409-417 Bradley Creek Point Road Scale Job Number. I. AND MANA_G�EMME`NT GROOF Tge Y1=30' 02-18-208 Q 15 30 6l) company 3805 Wrightsville Ave. Suite 15 Wilmington, North Carolina 2810E Profile 1 Drawn By: GSF Sheet Number: 7 of 8 Telephone: 910-452-0001 L:\CAMA12018 CAMA FILES102-18-208 -- Bradley Creek Point Read. Dustin GMW\Bmdley Creek Point Basin.dwg r �JW AMA . +. Legend Maintenance Dredging Boundary - - RECEIVED Spoil Locaton DCM WILMINGTQW WQ- OCT 2 3 2018 Y ! ? i a + 41,1 R ` .y y!�E ♦� NOTES: 1. TAX PARCELS FROM NHC GIS. 2. 2016 AERIAL FROM NCONEMAP. 3. NOT A SURVEYED OR ENGINEERED DRAWING. 4. FOR ENVIRONMENTAL PERMITTING ONLY, PRELIMINARY. NOV 2 7 2018 DCM-MHD CITY T 409417 82tlley Creek gETG Point Roatl 1 AND .U,d>ROUPmr_ Title: 380.5 Nhiehtsville Ave, Suite 15 Ulmnaton. North Cardin 2840 Spoil Location RECEIVED Date 0@1�4 3 2HRevision NA Jab NunM V=300' wil 02-18-208 f urrlber'. GSF 8of8 :AMA12018 CAMA FILES2-18-X8 -- Bradley Creek Point Roatl. Dustin Gmm1E CURRENT MAINTENANCE EVENT _ ___._._.-- __._.._-._._.._._.._.._.._.._.._.._.. ._.._ .._.._.._.._.._.._.. _.._.y_ _.._.._.., DREDGING AREA (1,885 S.F.) ;fpi OYSTER BED � -4__ OUTER MARSH EDGE - - — i .• i I � I PROFILE 1 Station +00 0+00 - 2+00 3+00 4+00 5+00 6- �= OYSTER BED LIMITS EXISTING GRADE ACCESS CHANNEL DREDGE CUT TIES INTO m EXISTING MAINTAINED BRADLEY CREEK CHANNEL -4 MLW AT TIME OF MAINTENANCE EVENT -----AT g---------- 0 MAINTENANCE DRE GE CUT TO -4MLW CURRENT MAINTENANCE EVENT RECEIVED DREDGING AREA (-200 C.Y.) DCM WILMINGTON, NC WITH 3:1 SLOPE UP O EXITING GRADE Nov 15 2019 -10 0+00 - _ --0c 4+00 5+00 6+00 RECEIVED NOTES: 1. MLW DEPTH PROVIDED BY ESP ASSOCIATES, INC. TAKEN JULY 2018. 2. NOT A SURVEYED OR ENGINEERED DRAWING. NOV 2 7 2018 3. FOR ENVIRONMENTAL PERMITTING ONLY. PRELIMINARY. P409 Doe 10/12/18 ReNsion Doe NA 409-017 Bradley Creek � DCM-MHD CITY G Point Road $role JobNumbec LAND MANAGEMENT GROUP 1"=30' a all mmpeny T19W 02-18-208 0 3805 Mghtsville Ave, Suite 15 Profile 1 Dra^^ By. 0 Wlminglan, North Carolina 28402 GSF Sheel NuiMer 7 of 8 Teleph .910-452-OW1 CAMA FILESM-18-208 — Bradley Creek Pam Road, Dustin GmssUkadley Creek Point Basin dwg U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-02186 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Dustin Gross & Dudley Shaw Address: 417 Bradley Creek Point Road Wilmington, NC 28403 Size (acres) Nearest Town Wilmington Nearest Waterway Bradley Creek River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.2109746866163; Longitude: -77.8240595892058 Location description: The site is located at 409-417 Bradley Creek Point Road, in waters of Bradley Creek in Wilmington, New Hanover County, NC. Description of project area and activity: This verification authorizes excavation within an existing access channel and basin within Bradley Creek. The dredge method is bucket to barge and will remove approximately 200 cubic yards of material from a 1,885 square foot area. Spoil materials will be disposed on the Agnes Beane site (Parcel ID No. R06300-002-001-000). The requested maintenance dredging footprint associated with this access channel is 490 feet long X 40 feet wide, to a final depth of -4.0 NLW. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344); Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: 35 SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information and drawings dated October 12, 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit’s expiration, modification or revocation, unless discretionary authority has been exercised on a case- by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919- 807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or Gregory.E.Currey@usace.army.mil. Corps Regulatory Official: ___________________________ Date: August 8, 2022 Expiration Date of Verification: March 14, 2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/ Copies furnished by email: Greg Finch (Davey Resources) Cameron Luck (NC DCM) Holley Snider (NC DCM) Special Conditions 1. Prior to future maintenance dredge events, which require disposal of dredge material on private spoil disposal areas, which may require the contractor to cross a Corps easement, the permittee shall provide a copy of a valid Consent to Cross Government Easement in accordance with Regional Condition 3.12.2: The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District’s Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. Contact Justin Arnette at justin.r.arnette@usace.army.mil. 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 (USACE) prior to implementation. 3. Except as authorized by this permit or any USACE approved modification to this permit, no dredge, fill, or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project within waters outside the designated permitted boundary. This permit does not authorize temporary placement or double handling of excavated or fill material within waters outside the permitted area. 4. Work in wetlands is prohibited during the dredging, material disposal, or any other aspects of work associated with this project. All dredged material must be deposited on high ground. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. 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. 7. 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. 8. The activity must be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 9. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the permittee must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf. 10. 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. Action ID Number: SAW-2018-02186 County: New Hanover County Permittee: Dustin Gross Project Name: Dustin Gross_Harry Shaw_409-417 Bradley Creek Point Road-dredging Date Verification Issued: August 8, 2022 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. _______________________________________ ______________________ Signature of Permittee Date United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee’s principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measures will allow in-water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1 The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water-related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 2 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252- 728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252- 448-1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field Office. 7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 3 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re- evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.