HomeMy WebLinkAbout43-19 Jackson, Michael & Royanna—Pert -it Class
NEW
Permit Number
43-19
STATE OF NORTH CAROLINA
Department of E vironinental Quality
and
Coastal Resources Commission
Permit
RECEIVED
JUN 19 2019
for 1JCM-1\AHD`IT`l
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Michael & Royanna Jackson,1833 Avalon Avenue, Wilmington, NC 28409
Authorizing development in New Hanover County at adi. to Myrtle Grove Sound/AIWW, at 1833
Avalon Ave., Wilmington, as requested in the permittee's application dated 03/18/19, including attached workplan
drawings (5), Sheets 1-5 of 5 all dated 03/06/19.
This permit, issued on June 10, 2019 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
to tines, imprisonment or civil action; or may cause the permit to oe null ana voic.
Docking Facility
1) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
D vision of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee
Michael & Royanna Jackson Permit No. 43-19
Page 2 of 3
ADDITIONAL CONDITIONS
3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the wetland substrate
as measured from the bottom of the decking.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third parry.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) This permit authorizes a maximum of six (6) formalized boat slips.
7) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation.
8) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
10) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at htt)://www.fws.gov/nc-es/mammal/manatee guidelines.odf.
Shellfish
11) The waters adjacent to the permitted project are classified by the Marine Fisheries Commission as
"Open". The construction and/or operation of the authorized facility shall not directly result in a
permanent closure of these waters. Any such permanent closure directly attributable to the authorized
facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions
may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce
or eliminate the cause(s) of the closure.
General
12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
Michael & Royanna Jackson Permit No. 43-19
Page 3 of 3
ADDITIONA CONDITIONS
13) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
14) 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.
15) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: This permit does not convey any rights, either in real estate or material. The attached workplan
drawings depict a deed line extending waterward of normal high water. The permittee is advised
that the State of North Carolina claims title to most lands falling below the normal high water.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic
General Permit 291 (Action ID No. SAW-2017-01530), which was issued on 06/10/19.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General
Certification 4175 and assigned DWR Project No. 2019-0431 which was issued 05/24/19.
NOTE: An application processing fee of $250 was received by DCM for this project.
RECEIVED
JU1\I 19 2019
DCM-MHD CITY --
End PN/Comment Deadline: 4(Z*7IId1
30 Day Comment Period: ?—/" M � w23' M — P0.r;A Sdi 4ffii✓ m,l�
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Issued: (0110
RECEIVED
JUN 19 2019
DCM-MHD CITY
p
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Michael Jackson COUNTY: New Hanover
PROJECT NAME: Jackson Docking Facility
LOCATION OF PROJECT:.1833 Avalon Ave:, adjacent to the AIWWIMyr& Grove Sound in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-18-19
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Antico/, DISTRICT OFFICE: WILMINGTON
Y DISTRICT MANAGER REVIEW: t, e%�-- RECEIVED
B) DATE RECEIVED BY MAJOR PERMITS UNIT: 't/ 34) FEE RECD: $250 #1358
APPLICATION ASSIGNED TO: Spears J U N 19 2019
PUBLIC NOTICE REC D: 4-6-19
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 6-1-19
HOLDS:
MAIL OUT DATE: 4-3-19
PERMIT FINAL ACTION: ISSUE Cl (0 (--7 DENY
END OF NOTICE DATE: 4-27-19 DCM-M H D C ITY
DEED RECD: Yes
150 DAY DEADLINE: !g C
STATE DUE DATE: 4-27-19
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM—Field Rep
Local Permit Officer DCM
DCM — LUP Consistency Determination
1j ?J I -I
Rural Development Division
MUM
DEMLR — Stormwater & Sed/Erosion
�Q
DWR-401
2-,a101-0 SI
DOA — State Property Office
]�
DMF — Shellfish Section
1�3 Gl
6i7m vyt,en-ts
NCDOT
DMF — Habitat & Enhancement
DWR—Public Water Supply
USACE — Regulatory
DNCR—Archives & History
2
X
DNCR — Natural Heritage Program
5
�(
WRC — Wildlife Resources Commission
rklt
ITJ ID OUTAaDDiu0
To: Courtney Spears
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Michael and
Royanna Jackson, New Hanover County
Date: May 3, 2019
The applicant proposes to construct a new private docking facility. The project is located
at 1833 Avalon Avenue, off Myrtle Grove Road, adjacent to the AIW W in New Hanover
County.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW, PTA and
CW. Waters at the project site are classified as SA and are open to the harvesting of
shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Developed while the AECs impacted by
the work are classified as Conservation.
In general, New Hanover County allows development in Conservation classified AECs,
which is consistent with the State's minimum use standards. The New Hanover County
Comprehensive Land Use Plan contains some policies, which exceed the State's
minimum use standards. However, none of these standards appear to be applicable to this
proposal.
This project is consistent with the New Hanover County Comprehensive Land Use Plan.
Cc: File
RECEIVED
JUN 19 2019
DCM-MHD CITY
"klp
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Direcmr, Divinan ajCaaslal
Manatmment
April 3, 2019
MEMORANDUM.
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
courtnev.spears(cDncdenr. aov
SUBJECT: CAMA Application Review
Applicant: Michael Jackson
Project Location: 1833 Avalon Ave., adjacent to Myrtle Grove Sound /AIWW, in Wilmington,
New Hanover County
Proposed Project: Construction of a new private 6-slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by April 27, 2019. If you
have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423
when appropriate, in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME 'r Y y �7-- t � IA —'—
AGENCY N C e 6V n'1 in CY6,c
RECEIVED
SIGNATURE � �
APR 12 2019
DATE q 2 OCM WILMINGTON, NC
RECEIVED
State of North Carolina I Envnonmental Quality I Coastal Management
127 Cardinal Drive Eat., Wilmington, NC 28405 919 7% 7215
JUN 19 2019
ROY COOPER
Uownmr
MICHAEL S. REGAN
.Secrerary
NORTH CAROLINA
Environmental Quality
April 3, 2019
MEMORANDUM:
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
cou rtnev. soears0noden r. uov
SUBJECT: CAMA Application Review
Applicant: Michael Jackson
BRAXTON DAVIS
D"w'O" Divishm otOwrral
Management
Project Location: 1833 Avalon Ave., adjacent to Myrtle Grove Sound /A/WW, in Wilmington
New Hanover County
Proposed Project: Construction of a new private 6-slip docking facility.
Please indicate below your agency's position or viewpoint on the ro osed roject and
return this form to Courtney Spears at the address above by . If you
have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423
when appropriate, in-depth comments with supporting data is requested.
REPLY: _X_This agency has no objection to the project as proposed.
"Additional comments may be attached"'
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Christine Ha
AGENCY DEQ I DEMLR — Stormwater RECEIVE
SIGNATURE Christine Had MAY 0 6 2019
AP SECTION WIRO
PATE _5/6/19 RECEIVED
State afNoOh Carolina I Environmental Quality I Coastal Management J U N 19 2019
127 Cardinal Drive Em., Wilmington, NC 29405 919 796 7215
DCM-MHD CITY
DocuSign Envelope ID: 7E9C6C09-6E91487F-BACF-645130ED6216
U
NORTH CAROLINA
En wronmental Qualtly
April 3, 2019
MEMORANDUM:
ROY COOPER
fiorernm
MICHAEL S. REGAN
secmi.,,,
FROM, Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
courtnev. soears(cD ncden r. oov
SUBJECT: CAMA Application Review
BRAXTON DAVIS
Direc4>c Dhds(on ufCousml
,Nanagrrnent
Applicant: Michael Jackson
Project Location: 1833 Avalon Ave., adjacent to Myrtle Grove Sound /A/WW, in Wilmington,
New Hanover County
Proposed Project: Construction of a new private 6-slip docking facility.
Please indicate below your agency's position or viewpoint on he ro osed roject and
return this form to Courtney Spears at the address above by ;'" If you
have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423
when appropriate, in-depth comments with supporting data is requested.
REPLY: _X_ This agency has no objection to the project as proposed.
.Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME_Tom Tharrington
AGENCY DWR
Docusigned by:
SIGNATURE If
�T0,_ `TV 111Ow.
�,F fSfE 398r3a5
DATE _05/24/19
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Dtive Ext, Wilmington, NC 28405 919 796 7215
RECOVED
MAY 2 4 2019
CGM WILMINGTCRESVED
JUN 19 2019
DCM-MHD CITY
DocuSign Envelope ID: 7E9C6CO9-6E91487F-BACF-645130ED6216
ROY COOPER
Cw
MICHAEL S. REGAN
s aeeorr
LINDA CULPEPPER
DbW"r
NORTH
INA
ESrvNVOWW W `may
May 24, 2019
New Hanover County
DWR Project: 2019-0431
Mr. Michael Jackson
1833 Avalon Avenue
Wilmington NC 28409
Subject Property: 1833 Avalon Avenue - Wilmington
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Jackson,
You have our approval, in accordance with the attached conditions and those listed below, to
construct a new private docking facility as described in the application received by the N.C.
Division of Water Resources (DWR) on April 4, 2019. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number 4175
(GC4175).
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit. This Certification can also be found on line at:
http://aortal.ncdenr.org/web/wa/swp/ws/401 /certsandpermits.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Please be aware that this area has been designated as a Primary Nursery Area
(PNA) by the North Carolina Division of Marine Fisheries. In addition, in -water
structures such as the ones in your proposal, may accelerate localized shoaling. Any
source of water pollution (including dredging) that may preclude the usage and RECEIVED
RECEIVED
2 4 2019 JUN 19 2019
North Carolina Departmentof EnvlronmenrtM Qualfty 11 `D/Nbpngo�f WaarcY Resource;., DC M—M H D CITY
Wilmington Reglonal Office 1127 Car(Rn l Drlve�P.ielif9d /b� WM�SNANorth Caiolha 28405
910.796.7215
DocuSign Envelope ID: 7E9C6C09-6E91487F-BACF-645130ED6216
Page 2
New Hanover County
2019-0431
function of the PNA as mentioned under 15A NCAC 02B .0221 will be considered a
violation of water quality standards and of this certification.
2. 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}.
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.
4. 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
5. 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.
6. 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 021-1.0506 (b)(2) and (c)(2)]
7. Continuing Compliance:
8. 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
DocuSign Envelope ID: 7E9C6C09-6E91-487F-BACF-645130ED6216
Page 3
New Hanover County
2019-0431
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements
of State and Federal law. If the Division determines that such standards or laws are not
being met, including failure to sustain a designated or achieved use, or that State or Federal
law is being violated, or that further conditions are necessary to assure compliance, than
the Division may reevaluate and modify this General Water Quality Certification. [15A
NCAC 02H .0507(d)]
9. 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].
10. 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)].
11. 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).
12. 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:
http•//aortal ncdenr.org web/wo/swp/ws/401/certsandpei-mits/annly/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 RR ral Statute 150B by
filing a written petition for an administrative hearing to the and
Hearings
MAY 2 4 2019 RECEIVED
DCM WILMINGTON. NC JUN 19 2019
DCM-MHD CITY
DocuSign Envelope ID: 7E9C6C09-6E91487F-BACF-645130ED6216
Page 4
New Hanover County
2019-0431
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the .OAH Clerk's Office at (919) 431-3000 for
information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with
the OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition maybe faxed
to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any
applicable OAH filing fee is. received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
Ifsending 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.Cobum(Z�ncdenr.gov.
Sincerely,
CDacuSigned by:
�gK-1hwc.nw�0�,
7F141E7385F3455..
Morella Sanchez -King, Regional. Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC4175
cc: Greg Finch — Land Management Group, Inc. (via email)
Liz Hair - USACE Wilmington Regulatory Field Office (via email)
Courtney Spears — DCM Wilmington (via email)
OY C
„
A t I R DOPER
aV
R MY�ti
x
• MICHAEL S. REGAN
.�: �y . �. �r a ,
, a
BRAXTON DAMS
in ..... ...nv,a
April 3, 2019
xrY�
MEMORANDUM:
FROM Courtney Spears, Assistant Major Permits Coordinator
ry: NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
f .errs, n Fax 910-395-3964 (Courier 04-16-33)
courtneV Spearsancdenr,goy
SUBJECT: CAMA Application Review
Applicant: M(
Project Location: 1833 A Ave., adjacent to Myrtle Grove Sound /AIWW, in Wilmington,
New l ver County
Proposed Project: Construction of a new private 6-slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by April 27, 2019. If you
have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423
when appropriate, in-depth comments with supporting data is requested.
REPLY:
v).5r'/
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 V o) r" 6' 0' 0Lra
AGENCY
SIGNATURE
DATE
'r.r+lT
tila0.` of North Carohna ijoaiHY I Coulal Mmagcmcnl
127 Cardinal Dnce Ezl , N11minFtmv, NC 2H405 919794 7215
RECEIVED
JUN 19 2019
0(
DCM-MHD CITY
RECEIVED
APR 2 9 2019
MP SECTION WIRO
t•
i - --
• , yd „"*N� ` ` ' :: Machelte Sanders:'
r R'y NortkCarolina = Secretary.
•Deplartment of Administration '
Tim Walton
-State Property Office
Roy Cooper, Governor -
April29, 2059
Courtney Spears; Assistant Major Permits Coordinator
NCDEQ-Divlsion of Coastal Management
127'Cardinal Drive, Ezt,
Wilmington, NC 28405
From: Wanda Hilliard l
Real Property Agent
Re: CAMA Permit Application Review / New Hanover County
1833 Avalon Ave. adjacent to Myrtle Grove Sound / AIWW in Wilmington, New Hanover County .
Construct a new private 6-slip docking facility
Please confirm that the facilities are not,located within the 1000'USACE AIWW easement area. If not, then the
State Property Office has no comment -on the,proposed project,,
Thank you.
State of North Carolina i State Property Offlce
R6 West Jones Street,Suite4G55 11321 Mail Service Ctr. I Raleigh,NC27699
919 8074650 T I Web: http://www.ncspo.com
I
NORTH CAROLINA
bmiranwntal Quality
April 3, 2019
l��CeT:fiGI00i
ROY COOPER
(hmemor
MICHAEL S. REGAN
�,e�mry
FROM Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-396-3964 (Courier 04-16-33)
courtnev.soears(ZDncdenr.aov
SUBJECT'. CAMA Application Review
Applicant: Michael Jackson
BRAXTON DAVIS
Director. Divlti(w ni C,wstal
A4nnagemaru
Project Location: 1833 Avalon Ave., adjacent to Myrtle Grove Sound /AIWW, in Wilmington,
New Hanover County
Proposed Project: Construction of a new private 6-slip docking facility.
Please indicate below your agency's position or viewpoint on the pro osed roject and
return this form to Courtney Spears at the address above by If you
have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423
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.
Shannon Jenkins
NC DMF - Shellfish Sanitation
RECEIVED
JUN 19 2019
DCM-MHD CITY
�IJR Jerev u� Hu-i eJ for SG�a h h ow J e`t./u,`1,�CM w � HIVED
GrCN, NC
04/18/2019 QPR 2 3 2019
State of North Carolina J Environmental Quality ] Coastal Management
127 Cardinal Drive E#., Wilmington, NC 29405 9197967215
Coviyi�'
�MI'_CHAEL:SxREGAI
.. 5'fEPHE,N,W;;1�ri�,URP
April 23, 2019
MEMORANDUM
TO: Courtney Spears, Assistant Major Permits Processing Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive, EA, Wilmington, NC 28405
From: Shannon Jenkins, Section Chief
Shellfish Sanitation & Recreational Water Quality
SUBJECT: CAMA Application Review
Applicant: Michael Jackson
Project Location: 1833 Avalon Ave., adjacent to Myrtle Grove Sound /AIWW,
, in Wilmington, New Hanover County
Proposed Project: Construction of a new private 6-slip docking facility
The proposed project site is:in waters that are open to shellfish harvest. An existing
docking facility is located within 100' of the proposed new dock. The permitted number
of slips of the existing dock is not included in the documents provided in the application.
This dock was heavily damaged in 2018, but based on historical aerial photography,
appeared to :have been at least four slips. Assuming the damaged docking facility is
going to be rebuilt, a closure of open shellfishing waters can be avoided if the
.cumulative number of boat slips of the two docks is not greater than 10 slips.
St6FeoENotH CarDUnd7!INVLSTrni 6rM5ftn(5fls[ierk5i
31,4 eidensnaef;l gOMFaxt69'I I�?a'�ha�aat"rlVort7iCamVne2essF
- 25zzo-azt;
sa
SUBJECT:
Applicant:
Project Location:
Proposed Project:
ROY COOPER
f iuH'Mnf'
MICHAEL S. REGAN
rl . 4orcmrl'
--9RAXTON DAVIS
Anwow, f AvAam+ n/ 0m,14
�, . ,9,, Mono�•mvn
Bator
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
courtney. spearsoncde n r. goy *.x1
fl'i' 9 4F
CAMA Application Review I, ,l ;v iawirwi 0Y4-:* —
r '
Michael Jackson
1833 Avalon Ave., adjacent to Myrtle Grove Sound /AIWW, in Wilmington,
New Hanover County
Construction of a new private 6-slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by April 27, 2019. If you
have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423
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
r are incorporated. See attached.
I_ This agency objects to the project for reasons described in the attached comments.
PRINT NAME_J �(>�� V V r,gmey
AGENCY �%C DAFF RECEIVED
SIGNATURE VIA
DCM WILMINGTON, NC
� APR 2 6 2019
DATE r
RECEIVED
Smte of Noah Cwolma I Enwommntal Quality'.. Coawal Management
127 Cardinal Ddw Ext., Wilmington. NC 29405 919 7% 7215 J U N 19 2019
t•
URI-
ROY COOPER
(Anwnotr
MICHAEL S. REGAN
Seaalary
NORTH CAROLINA
Emiranmental Quality
April 3, 2019
MEMORANDUM:
FROM Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
courtnev. soears(cbncden r. gov
SUBJECT. CAMA Application Review
BRAXTON DAVIS
Dtlwaor, Dmiar of Ctmaa(
MamwMaa
Applicant: Michael Jackson
Project Location: 1833 Avalon Ave., adjacent to Myrtle Grove Sound /Alww, in Wilmington,
New Hanover County
Proposed Project: Construction of a new private 6-slip docking facility.
Please indicate below your agency's position or viewpoint on the ro osed roject and
n3tum this form to Courtney Spears at the address above by If you
have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423
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.
MarK 6,ywl)
atiA 11 F6(p
M u_�'-rIf
RECEIVED
APR 0 5 2019
DCM WILMINGToN, NCRECEIVED
State of North Carolina I Envrtuamenal Quality I Coastal ivlaoagment
127 Cardinal Dne FM., Wdmingtoa, NC 28405 919 796 7215 J U N 19 2019
w��
w
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 7, 2019
Regulatory Division
Action ID No. SAW-2017-001530
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. Michael Jackson, to construct a new private docking
facility. The proposed 6-slip facility would extend waterward towards Myrtle Grove Sound from
the northeastern portion of the property within waters adjacent to the property at 1833 Avalon
Avenue, adjacent to Masonboro Sound and the Atlantic Intracoastal Waterway (AIWW) in New
Hanover County.
Specifically, the project includes a fixed pier that measures approximately 850' in length
by 6' in width. The proposed fixed pier spans 790' from its landward origin in a south east
direction, and then turns slightly further south-southeast for the remaining 60' span towards the
water. The proposed pier then lands on a covered 18' by 18' gazebo. On the waterward side of
the proposed gazebo, the applicant is proposing a 65' long by 6' wide fixed access dock,
extending to the south from the gazebo. The proposed fixed access dock would include three
separate 30' long by 4' wide finger piers, perpendicular to the access dock, extending
waterward towards the AIWW. Each of the three proposed finger piers would include a 12.5' by
12.5' boat lift on the northern side and southern side of each finger, forming the 6 slips
proposed by the applicant.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. We recommend that the following conditions be
RECEIVED
JUN 19 2019
DCM-MHD CITY
9A
included in the modification to the State authorization:
1. In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manateeguidelines.pdf.
2. The permittee must install and maintain, at his expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact the U.S. Coast Guard Marine
Safety Office at (910) 772-2191.
3. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USAGE) prior to implementation.
4. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation
patterns within waters or wetlands or to reduce the reach of waters or wetlands.
5. 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. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
7. 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.
8. The activity will be conducted in such a manner as to prevent a significant increase
in turbidity outside the area of construction or construction -related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout
waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or
-3-
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. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in
such time and manner as the Secretary of the Army or his authorized representative may
direct, restore the water or wetland to its pre -project condition.
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.
Questions or comments may be addressed to Mr. Jordan Jessop, Wilmington Field
Office, Regulatory Division, telephone (910) 251-4810 or email at
jordan.e.jessp@usace.army.mil.
Sincerely,
�Digitally signed by
�ESSOPJDRDAN.E.1515090548
ate. 2019.06 07 09:56:48-04'00'
Jordan E. Jessop, Project Manager
Wilmington Regulatory Field Office
Electronic copy furnished:
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist -Water Protection Division
Mr. Gregg Bodnar
North Carolina Department of Environmental Quality- Division of Coastal Management
Ms. Karen Higgins/Mr. Robb Mairs
North Carolina Department of Environmental Quality -Division of Water Resources
RECEIVED
JUN 19 2019
DCM-MHD CITY
IM
Mr. Pete Benjamin/Mr. John Ellis
U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement
Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood
National Marine Fisheries Service -Habitat Conservation Division
Spears, Courtney
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Wednesday, April 03, 2019 4:58 PM
To: Spears, Courtney
Cc: Coburn, Chad; Jessop, Jordan E CIV USARMY CESAC (US)
Subject: [External] RE: CAMA Application: Michael Jackson
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>
We have received the application for the proposed docking facility. Due to the size of the proposed structure, we will
process as a PGP 291. The Corps AID is SAW-2017-01530. Jordan will be processing this project.
Please let either of us know if you have any questions.
Thanks,
Liz
---Original Message -----
From: Simpson, Shaun [mailto:shaun.simpson@ncdenr.gov]
Sent: Wednesday, April 3, 2019 3:10 PM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Coburn, Chad <chad.coburn@ncdenr.gov>
Subject: [Non-DoD Source] CAMA Application: Michael Jackson
Hello Liz & Chad:
Please accept this correspondence as the official distribution of CAMA application from Michael Jackson for
development in Wilmington, New Hanover County. Attachments include: Field Investigative Report, workplans,
comment sheet, and any other documents intended 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
For questions or concerns, please contact Courtney Spears at courtney.spears@ncdenr.gov
<mailto:courtney.spears@ncdenr.gov> or (910) 796-7426. RECEIVED
JUN 19 2019
DCM-MHD CITY
Thanks,
Shaun
Shaun Simpson
Permit Support & Customer Service
NC Department of Environmental Quality
NC Division of Coastal Management <Blockedhttp://www.nccoastalmanagement.net/>
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: (910)796-7226
Shaun.Simpson@ncdenr.gov
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
Spears, Courtne
From:
Jessop, Jordan E CIV USARMY CESAC (US) <Jordan.EJessop@usace.army.mil>
Sent:
Thursday, May 2, 2019 3:56 PM
To:
Huggett, Doug; kathryn_matthews@fws.gov, Leigh_Mann@fws.gov,,
pace.wilber@noaa.gov; Pete_Benjamin@fws.gov, Owens, Jennifer L CIV USARMY CESAW
(US); HORTON,1 TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY
CESAW (US); DCR - Environmental -Review; Bowers, Todd; ethan coble;
Ryan.L.Taylor@uscg.mil; 'Fritz Rohde - NOAA Federal'; matt creelman; Spears, Courtney;
Twyla Cheatwood; 'John'; Mairs, Robb L; Amico, Patrick J
Subject:
[External] SAW-2017-01530 Jackson (UNCLASSIFIED)
Attachments:
SAW-2017-01530 Jackson combined file.pdf; SAW-2017-01530 Jackson Location.kmz,
SAW-2017-01530 Jackson ePN.PDF
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov<mailto:report.spam@nc.gov>
RECEIVED
CLASSIFICATION: UNCLASSIFIED
All,
JUN 19 2019
DCM-MHD CITY
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management
(NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport
for the subject project. The attached notice requests federal agency comments on this project by June 2, 2019.
The proposed site is located at 1833 Avalon Avenue, adjacent to Masonboro Sound and the Atlantic Intracoastal
Waterway (AIWW) in New Hanover County. Coordinates are: 34.118929%-77.874058°
The applicant proposes to construct a new private docking facility. The proposed docking facility includes a fixed pier
that measures approximately 850' in length by 6' in width. The proposed fixed pier spans 790' from its landward origin in
a south east direction, and then turns slightly further south-southeast for the remaining 60' span towards the water. The
proposed pier then lands on a covered 18' by 18' gazebo. On the waterward side of the proposed gazebo, the applicant
is proposing a 65' long by 6' wide fixed access dock, extending to the south from the gazebo. The proposed fixed access
dock would include three separate 30' long by 4' wide finger piers, perpendicular to the access dock, extending
waterward towards the AIWW. Each of the three proposed finger piers would include a 12.5' by 12.5' boat lift on the
northern side and southern side of each finger, forming the 6 slips proposed by the applicant. Plans were included with
the application.
Dredging is not proposed as a part of this project.
As proposed, the facility would also be constructed approximately 24' landward of the existing Federal AIWW channel
setback.
Please see the attached field investigation report /application for more detailed information concerning the proposed
project. Google Earth Amz file is attached for reference.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not
likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service. Impacts are expected to be minimal since the construction activity
does not,appear involve 'in water' work. The waters within the project area ARE as PNA by the Division of Marine.
Fisheries, are classified as SA by the Division of Water Resources, and are closed to shell fishing. Based on the
application, SAV is not present and there are no shellfish resources within the project area. The application states
existing water depths of -2.0@ MLW along the landward side of the fixed 65' access dock, and ranges from -2.0'@ MLW
to -2.3'@ MLW along the proposed location of the boat lifts.
ESA:
The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest
North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project
may affect, but is not likely to adversely affect the West Indian Manatee: The use of Manatee Guidelines may be
required as a permit condition. The project would have No Effect on any other federally listed species. .
NHPA 106:
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and
the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and
records and the latest published version of the National Register of Historic Places and initially determines that no
historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit
area: therefore, there will be no historic properties affected.
Please contact me if you have any questions and please provide comments as soon as you can, or by June 3, 2019.
Thank you,
Jordan Jessop
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
(910) 251-4810 (direct line)
Jordan.E.Jessop@usace.army.mil
CLASSIFICATION: UNCLASSIFIED
Received: 04/15/2019
1-
State Historic Preservation OWWCOOPER
+„1.rrnw
MICHAEL S. REGAN
ka'nMn
BRAXTON DAVIS
Illmcxv. lMmm urCr„vf
llpw,Nrrnen,
April 3, 2019 ER 19-1364
FROM Courtney Spears, Assistant Major Permits Coordinator Due -- 4/2
NCDEO - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33) G t�
courtney soears(d)ncdenr.00v
SUBJECT: CAMA Application Review
Applicant: Michael Jackson
Project Location: 1833 Avalon Ave., adjacent to Myrtle Grove Sound 1 AIWW, in Wilmington,
New Hanover County
Proposed Project: Construction of a new private 6-slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by Aprfl 27, 2019. If you
have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423
when appropriate, in-depth comments with supporting data is requested.
REPLY:
F1:If 51
AGENCY
This agency has no objection to the project as proposed.
**Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Renee Gledhill -Ea
State Historic Preservation Office
RECEIVED
JUN 19 2019
DCM-MHD CITY
RECEIVED
SIGNATURE DCM WILMINGTON, NC
DATE
APR 252019
Stw ofNmh CL hw , Gnnwinsmul QimlOp Cwsrol NWW#C mnl
MCwM.lonwN N4hnmpwn NC!"0I 9I9N612I5
APR 1 6 2019
Jo
Spears, Courtney
From: Butler, Rodney A
Sent: Friday, May 3, 2019 2:48 PM
To: Spears, Courtney
Subject: There are no comments RE: CAMA Application: Michael Jackson
Attachments: project_report_cama_1833_avalon_ave_adjace_18324_18324.pdf; Jackson Comment
Sheet NO Comment.docx
No Comments.
RODNEY A. BUTLER
Business Services Coordinator
121 West Jones St MSC 1651 Raleigh. NC 27699
919.707,8601 office
SENSE
SENE■ NC DEPARTMENT OF
SEEMS NATURAL AND CULTURAL RESOURCES
From: Spears, Courtney
Sent: Friday, May 03, 201911:49 AM
To: Dgalloway@nhcgov.com; Christenbury, Mike <mike.christenbury@ncdenr.gov>; Sams, Dan
<dan.sams@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Butler,
Rodney A <Rodney.Butler@ncdcr.gov>
Subject: FW: CAMAApplication: Michael Jackson
Hi all,
Please submit any comments you may have on this project as soon as you can.
Thank you I
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtnev.soears(&ncdenr.aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
RECEIVED
JUN 19 2019
From: Simpson, Shaun DCM-MHD CITY
Sent: Wednesday, April 3, 2019 3:10 PM
To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Christenbury, Mike <mike.christenburv@ncdenr.aov>; DCR -
Environmental_Review <Environmental.Review@ncdcr.aov>; Butler, Rodney A <Rodney.Butler@ncdcr.aov>; Zeigler,
Mark D <mzeieler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T.
<maria.dunn@ncwildlife.ore>; Walton, Tim <tim.walton@doa.nc.aov>; Moser, Mike <mike.moser@doa.nc.eov>;
Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.aupton@ncdenr.¢ov>; Montalvo, Sheri A
<sheri.montalvo@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.zov>; Sams, Dan <dan.sams@ncdenr.eov>; Cox,
Heidi <heidi.cox@ncdenr.eov>; d&alloway@nhceov.com
Cc: Day, Susan <susan.day@ncdenr.eov>; Spears, Courtney <courtney.spears@ncdenr.eov>
Subject: CAMA Application: Michael Jackson
Hello All
Please accept this correspondence as the official distribution of CAMA application from Michael Jackson for
development in Wilmington, New Hanover County. Attachments include: Field Investigative Report, workplans,
comment sheet, and any other documents intended for you.
NO oversized workplans have been submitted by the applicant
For questions or concerns, please contact Courtney Spears at courtnev.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
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: (910)795-7226
Shaun.Simoson @ncdenr. gov
KC"'�wctakp corv�.....-.
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
April 3, 2019
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
courtnev.soears(rDncdenr go_v
SUBJECT: CAMA Application Review
Applicant: Michael Jackson
Project Location: 1833 Avalon Ave., adjacent to Myrtle Grove Sound /AIWW, in Wilmington,
New Hanover County
Proposed Project: Construction of a new private 6-slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by April 27, 2019. If you
have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423
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" _ Se, Z re Le iK
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 tv%�I .,
AGENCY NLtaRC-
SIGNATURE
DATE
State of Nonit Carolina I Environmental Quality I Coastal Managomont
127 Cardinal Drive Exl., Wil ningtan, NC 2&W5 919 796 7215
RECEIVED
JUN 19 2019
DCM-MHD CITY
RECEIVED
APR 2 6 �� 9
DOMWILMINGTON NC
® North Carolina Wildlife Resources Commission
Cordon Myers, Executive Director
MEMORANDUM
TO: Courtney Spears
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: April 26, 2019
SUBJECT: CAMA Dredge/Fill Permit Application for Michael Jackson, New Hanover
County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 1833
Avalon Ave adjacent to Myrtle Grove Sound / AIW W in Wilmington, NC. Our comments are provided in
accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as
amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.).
The applicant proposes to construct a new six -slip docking facility. The facility includes a fixed pier that
spans 790' from its landward origin in a SE direction, then turns SSE for 60' toward the water. The pier
then lands on a 18' by 18' gazebo with a 65' by 6' fixed access dock. The dock has three separate 30' by
4' finger pier, perpendicular to the access dock to establish six slips with 12.5' by 12.5' boat lifts. Water
depths in the vicinity are -2.0 - -2.3' NLW. Myrtle Grove Sound in this area is classified SA by the
Environmental Management Commission, is open to shellfish harvesting, and is designated a primary
nursery area (PNA) by the NC Division of Marine Fisheries.
NCWRC staff have reviewed the permit application and do not object to permit issuance. We caution the
owner to the fact that fixed structures may in time increase shoaling in the area, shallowing the -2.0' to -
2.3' water depths. If this were to occur and subsequent dredging requested, our agency would view the RECEIVED
proposed dredging as a new dredge activity in a PNA and not support the proposal.
We appreciate the opportunity to review and comment on this permit application. If you need further JUN 19 2019
assistance or additional information, please contact me at (252) 948-3916 or at
maria.dunnancwildlifc.ore RECEIVED DCM-MHD CIT'
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 17
Telephone: (919)707-0220 • Fax: (919)707-0028
DCM WILMINGTON, NC
Roy Cooper, Governor
a NC DEPARTMENT OF
■ NATURAL AND CULTURAL RESOURCES
Susi Hamilton, Secretary
Walter Clark, Director, Land and Water Stewardship
NCNHDE-8902
May 2, 2019
Courtney Spears
NC DEQ
127 Cardinal Drive
Wilmington, NC 28405
RE: CAMA: 1833 Avalon Ave., adjacent to Myrtle Grove Sound / AIWW, in Wilmington, New Hanover
County
Dear Courtney Spears:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httns-//www.fws,ciov/`offices/pirectory/ListOffices.cfm'?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an informatior
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney b I r nc c1cr.ao_v or 919-707-8603. RECEIVED
Sincerely, RECEIVED MAY 0 9 211'q
NC Natural Heritage Program
JUN 19 2019 DCM WILMINGTON, NC
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile' Radius of the Project Area
CAMA: 1833 Avalon Ave., adjacent to Myrtle Grove Sound / AIW W, in Wilmington, New Hanover County
May 2, 2019
NCNHDE-8902 t.
ant Occurrences Documented Within a One -mile Radius of the Project Area
rd
nblage
1, T77
melodus
16809
Charadrius wilso
27221
Haematopus pall
, Haematopus pall
272i2
8340
Passerina ciris
1`3966
'-Rynchops Niger
us raping riover - ,vuantic
Coast subspecies
Painted Bunting
2001 C
4-05'"�21 ""'��
3-Medium ---
a 3�Medium T reatene
---
'1°�irea eneci
GNR
T�
,S3,):
S"2
7-04-19 E
3-Medium Threatened
Threatened
G3T3
S1B,S1:
W;
2007 C?
4-Low ---
Special
GS
S2S.36,
Concern
S3N
3Medium
°
52�3B
-,. a
, r..
C'o�neq
cea�
$3N
2017-05-08 AB 3-Medium --- Special G5 S213
Concern
Concern
ater Fi9h38937 Acipenser oxyrir c u� s 'Atlantic Sturgeon ;, 2018 09 ;,, 4 >_ow En anger ,
"I � .91a g e rk 7 ti,� ', � z
4r�p
En angere
63
S
oxyrinchus"
:n . _
n ";.. _.
nal 24390
Corynorhinus
Eastern Big -eared Bat 2006-Pre
E 5-Very
Special ``.
G3G4T
S3
rafinesquii macrotis
Low
Concern
3
a772726
Myotis, sepYen£nonalis Ndrthern Long e5red1994 xPost 5/ery, threatene
ifi�eateneC
G1G2Y
52
:uF
Bat
nal 17664
Trichechus manatus
West Indian Manatee 2018-08-13
E 5-Very Threatened
Threatened)
G2
S1N
Low
I 697
Dune Grass�Souther�
punity1
Subtype)
y.
al 1 19399
Maritime Dry Grassland--- 2018-03-29
A 3-Medium ---
G2G3
S2
nunity
(Typic Subtype)
Page 2 of 5
I�nt Occurrences Documented Within a One -mile Radius of the
Area
at
7814
Salt Marsh (Carolinian
---
9/3
NP
4-Low ---
---
��4
nunity
Subtype)
'776
Salt S.:° igh
1973
A
4-Low
_
al
4314
Salt Shrub (Low
---
-973
A
3-"cor,:m ---
---
G4
S4?
nunity
Subtype)
e
Lo
le
4341
Chelonia mydas
Green Seaturtle
r
2016-08-26
BC
3-Medium Threatened
Threatened
G3
S1B,SU
N
!C°�'pin
Di, dback Terrapin
2014-05-18
A
3-Med ° "
I
■
n
le
19907
- Micrurus fulvius fulvi us
i astern Coralsnake
9S9-01-02
H
4-Low ---
Endangered
G5
St.
umilus.
Amaranth
2004
X? ..
3-M
filar Plant 18899
Eleocharis robbinsii
Robbins' Spikerush
1972-10
H
4-Low ---
Special
G4G5
S2S3 .
Concern
Vulnerable
t
flar Plant
ilar Plari
1686
at
Lkr ' k-fennel
1972-10-02 H
479
Polygonum glaucum
Seabeach Knotweed
9/8-P,e H
OV65
Solanum
Graceful Nightshade
1977-Pre H
I at Areas Documented Within a One -mile Radius of the Project Ar(
C1
,easl5ocument Within a One -mile Radius of the Prc - t Area
.. Islam! Compon(9 of the North Carolina NC DEC).Division of Coastal S
uariFa�? Res8aarc eserve Cy
) Ii E iF n
0 1"? S �
v m
n o m Page 3 of 5
1 Z8 v
-c
t
ged Areas Documented Within a One -mile Radius of the Project Area .
ed ea Na e
-iboro Island Component of the North Carolina NC DEQ, Division of Co
nal Estuarine Research Reserve Dedicated
e Preserve
nagement State = ; ;
anoverrConservation Lea ds New Han9ver County L�oca�CGovernment
-iboro Island State Natural Area NC DNCR, Division of Parks and Recreation State
ons and an explanation of status designations and codes can be found at httos-//ncnhde natureserve orp/content/help. Data query generated on May 2, 2019; source: NCNHP, Q2 Apr 2019. Please
iit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
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DCM WILMINGTON, NC
JUN 19 2019
DCM-MHD CITY
ROY COOPER NORTH CAROLINA
6mmt4r Envhwugwd xtQ"Hry
MICHAEL S. REGAN
Sem+,x
BRAXTON C DAVIS
D!m<W
SENT VIA EMAIL
May 28, 2019
Land Management Group, Inc.
c/o Greg Finch
gfinch01mgroun.net
Dear Sir:
This letter is in reference to your application for a Coastal Area Management Act Major
Permit on behalf of Michael Jackson to undertake development activities at their property
at 1833 Avalon Avenue, in Wilmington, New Hanover County.
Although processing of the application is nearing completion, additional time is needed for
this office to complete the review and make a decision on your request Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by
G.S.113A-122(c) which would make August 15, 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).
Si ere y,
Courtney A.
ssistant M
cc: WiRO file
MHC file
Liz Hair, USACE, email cc
Chad Coburn, DWR, email cc
Permits Coordinator
RECEIVED
JUN 19 2019
North Carding Department of Envko ntal Quahty I DW90 n of Coastal Management
WlhTlNton Office ! ITT CarOM Dr1w Exterislon I MMfmkWM North Carolina 2a405
910796.7215
DCM-MHD CITY
LKt(s17.60, eL2F
■ 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 mallplece,
or on the front If space permits.
1. Ardcle Acklmsedtw.
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Ps Form 3811, July 2015 PSN 753"2-000-9o53
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L] &pnaturo Canflnnatlon
] Insured Mall Restricted Delivery
Rae elated Delivery
(over$5oc)
Domeetic Return Receipt
U.S. Postal Service,,
CERTIFIED MAIL.,., RECEIPT
(Domestic Mall Only; No Insurance
Coverage
For delivery
Provided)
information visit our website
at www.ueps.cony,
RECEIVED
JUN 19 2019
DCM-MHD CITY
RECEIVED
APR 2 6 2019
DCM WILMINGTON, NC
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: AIW W
Fee: $25011358 /
CDAITS vl MHC cc V
Applicant: Jackson, Michael
Agent/Contractor: Land Management Group c/o Greg Finch
Project Site County: New Hanover
Staff: Patrick Amfc
District: Wilmington
Project Name: J ckson Docking Facility
Rover File: Na
Rive B si
Initial date of a tlication submittal: 3-18-19
Date applioatio "received as complete" in the Field office: 3/is /l9
Permit Authorization: CAMA ❑ Dredge & Fill ❑Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Oyes ❑No
PNA: RrYes ❑No
Photos Taken: Yes ❑ NoEr
Setback Required (riparian): ZYes No
Critical Habitat: ❑Yes []No XNot Sure
15 foot waiver obtained: ❑Yes PgNo
Hazard Notification Returned:
N/A
❑Yes [-]No
SAV: ❑Yes C?No ❑Not Sure
Shell Bottom: ❑Yes ❑No ® Not
Temporary Impacts: RYes []No
Sure
Sandbags: ❑Yes XNo ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP: XYes ❑No
❑Yes NNo
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
❑Yes Wlo ❑NA
❑Yes ❑No DNA
FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
-or- Closed
F
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW)El Swamp Waters (SW)
High Quality Waters (HQW) ® Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
0? (404) Corp. of Engineers (Jurisdictional
EK (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
El (TY) Cattail (Typha sp.)
spicata)
SO '
(JR) Black needlerush (Juncus
(SP) Salttmeadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) 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 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ II. Public or commercial/no dredge
MIXEIVED
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
III(C) Priv. public or comm w /D&F to 1
APR 0 S 2019
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
Jackson, Michael
Date3-18-19
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
P R
New Work
Replace
950 /
6/
Maint [I
❑ Y MIN
(r�i•fdM
�a'
9
l
New Work [$
Replace
/
is
1$
Maint❑
- ❑Y 2'rN
�' (j
New Work ®'
Replace,
ro r /
/
`
Maint ❑
❑ Y RN
•C
r
New Work H
'
Replace
3 0 f
/
Maint ❑
[IY ®' N
S L
6
New Work Fffr
Replace
/
�a•S
(o�•S
Maint ❑
❑ Y p'N
New Work ❑
Replace
.Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
tem/i impacts)
impacttamount
tempimpacts)
amount
/!
H6
Dredge ❑ Fill ❑ Both ❑ Other d
17.7 � sf'
ot r O SF
�AI
�
39OD SP
3RW SF
Dredge ❑ Fill ❑ Both ❑ OOthern1i
smill
a F
851.5 sF
Dredge [IFill [IBoth [IOther
-
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.nccoastalmananement.net revised: 02128118
Major Permit Fee Schedule
Project Name: A11Chad _rr,(«
Doc&hy
County: Pe"
HwU) ✓Y—
Check No & Amount:
1359 4 a50•0a
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
(RECEIVED
APR 0 8 2019
DCM-MHD CITY
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. ##
Received
Deposited
Permit Holder
Number
amount
Number/Comments
3/22/2019
Davey Resource
Michael Jackson
United
1358
$250.00
major fee, 1833 Avalon Ave,
PA rct.
Group Inc / LMG
Bank
Wilmington NHCo NO Split
7953
W
o
V
>
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W
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o
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U
RECOMMENDATIONS FOR 1833 Avalon Avenue, Michael and Royanna Jackson 3/29/2019
It is the staff's recommendation that the applicant's proposal to build a new docking facility at 1614 Island Marina
drive is CONSISTENT with the standards set forth in 15A NCAC 07H .0208.
Shoreline length = 328' x 8' = 2,000 ft2 (maximum allowable)
Proposed covered gazebo = 1 (18' x18'), = 324 ft2
Proposed fixed access dock = 1 (65' x 6') = 390 ft2
Proposed fixed finger piers = 3 (30' x 4') = 360 ft2
Total = 1,074 ft2
The application states that the docking facilities would provide docking space for up to six (6) vessels at this
location in water depths of -2.0' to -2.3' at NLW. It appears that the project is CONSISTENT with the use
standards set forth in NCAC 07H .0208(b)(6), including the pier head line, the eight -square foot rule and the
1/4 width rule. The proposed structures would not encroach into either adjacent 15' riparian corridor setback
area nor the USACE federal channel setback. This office has no objection to the proposed work, provided it is
consistent with all other local, state, and federal permitting requirements. Any permit issued should include
standard conditions for private docking facilities.
RECEIVED
APR 0 8 2019
DCM-MHD CITY
0
NORTH CAROLINA
Emirmmnenral Quality
April 3, 2019
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice in New Hanover County
• Michael Jackson
Hello Angie: Please publish the attached Notice in the Saturday, April 6, 2019 issue.
ROY COOPER
Gmvmor
MICHAEL S. REGAN
&,vmrary
BRAXTON DAVIS
Director, Divairm ofConsral Mmiagement
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Debbie Wilson at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7266. Paying by credit card to the
attention of Jarimy Springer, (Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Support & Customer Assistance
cc: MHC file
Courtney Spears - WiRO
Liz Hair - USACE
RECEIVED
APR 0 8 2019
State of North Carolina I Enviromnental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DCM-M H D 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 application was submitted for a development permit in an Area of Environmental
Concern as designated under the CAMA: On March 18, 2019, Michael Jackson proposed to construct a
docking facility at 1833 Avalon Ave., adjacent to the AIWW, Wilmington, New Hanover County. A
copy of the application can be examined or copied at the office of Patrick Amico, N.C. Dept. of
Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC
28405, (910-796-7423) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to April 27, 2019 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice
of the permit decision in these matters will be provided upon written request.
RECEIVED
APR. 0 S 2019
0CM-M1AHD CITY
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Michael and Royanna Jackson, c/o LMG Andy Dortch — 1833 Avalon Ave
2. LOCATION OF PROJECT SITE: 1833 Avalon Avenue, off Myrtle Grove Road, adjacent to the Atlantic
Intracoastal Waterway and Myrtle Grove Sound, New Hanover Co.
Photo Index —1995: 21-245: 13-N, O, P Latitude: 34.1189290N, Longitude:-77.874058°W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 3/28/2019 Was Applicant Present— No
5. PROCESSING PROCEDURE: Application Received—3/18/19 (complete) Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — New Hanover County
Land Classification From LUP — Developed (High Ground) Conservation (Open Water)
(B) AEC(s) Involved: PTA, EW, CW
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Municipal Planned — NA
(F) Type of Structures:
Existing —Single family residence Planned — private docking facility
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7
HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (shading impact)
3,960 ftZ
(B) Non -Vegetated Wetlands (Open water)
2851.5 f12
(C) Other — High Ground
270 ftz
(D) Total Area Disturbed: 7,081.5 ftz (0.162 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Yes
PROJECT SUMMARY: The applicant is proposing a new private docking facility (6 slips).
RECEIVED
APR 0 8 2019
DCM-MHD CITY
1833 Avalon Avenue, Michael and Royanna Jackson
Page Two
9. PROJECT DESCRIPTION
The project site is located at 1833 Avalon Avenue, adjacent to Masonboro Sound and the Atlantic
Intracoastal Waterway (AIWW) in New Hanover County. To locate the project site from the Wilmington
Regional Office (WiRO), travel South on Masonboro Loop road until you reach Myrtle Grove Road, and
take a left onto Myrtle Grove road. Travel approximately one mile south and take a left onto Avalon
Avenue. Follow the road around a curve to the right, and then another curve to the left, and the
property will be located at the end of the road on the right.
The project site is bounded by residential development to the north, and undeveloped county property
to the south. The parcel is approximately 4.61 acres. On the property, there are two sections to be
considered shoreline, at normal high water, due to the parcel including a high ground hammock. The
applicant states that the 'northernmost' shoreline is 328' long, and the 'southernmost' shoreline is 456'
long. Elevation at the site averages approximately 8'-9' above normal high water (NHW) on the high
ground (western portion) and 0'-2' above normal high water (NHW) on the wetland portion (eastern
portion). On the western portion of the property there is a single family residence and driveway.
The high ground portion of the property has a canopy consisting of a mix of Live Oak (Quercus
virginiana), Laurel Oak (Quercus laurifolia) and various species of pine trees. The understory
vegetation includes Greenbriar (Smilax auriculata) and Wax Myrtle (Myrica cerifera), and other native
grasses. Transitional species are found along the ecotone between high ground and high elevation salt
marsh including Seaside Golden Rod (Solidago sempervirens L.), Sea Oxeye (Borrichia frutescens),
Marsh Elder (Iva frutescens) and Grounsel-bush (Baccharus halimifolia). The high elevation salt marsh
on the property includes Black Needle Rush (Juncus roemarianus) and Salt Meadow Grass (Spartina
patens). The lower elevation areas of the salt marsh include Smooth Cordgrass (Spartina alterniflora),
Sea Lavender (Limonium carolinianum), and Spike Grass (Distichlis spicata).
The New Hanover County Land Use Plan classifies the area in the vicinity of the project area as
developed. It is located in a VE Flood Zone. The waters in the project area (Masonboro Sound) are
classified as SA by the N.C. Division of Water Resources. They are designated as a Primary Nursery
Area (PNA) by the N.C. Division of Marine Fisheries, and they are open to the harvest of shellfish in
the immediate vicinity, but closed to the north and south of the project location.
PROPOSED PROJECT
The applicant is proposing a new private docking facility (6 slips). The proposed docking facility would
extend waterward towards Myrtle Grove Sound from the northeastern side of the parcel. The proposed
docking facility includes a fixed pier that measures approximately 850' in length by 6' in width. The
proposed fixed pier spans 790' from its landward origin in a south east direction, and then turns slightly
further south-southeast for the remaining 60' span towards the water. The proposed pier then lands on
a covered 18' by 18' gazebo. On the waterward side of the proposed gazebo, the applicant is
proposing a 65' long by 6' wide fixed access dock, extending to the south from the gazebo. The
proposed fixed access dock would include three separate 30' long by 4' wide finger piers, perpendicular
to the access dock, extending waterward towards the AIWW. Each of the three proposed finger piers
would include a 12.5' by 12.5' boat lift on the northern side and southern side of each finger, forming
the 6 slips proposed by the applicant.
RECEIVED
b[" 082019
DCM-MHD CITY
1833 Avalon Avenue, Michael and Royanna Jackson
Page Three
The application states existing water depths of -2.0 @ MLW along the landward side of the fixed 65'
access dock, and ranges from -2.0' @ MLW to -2.3' @ MLW along the proposed location of the boat
lifts.
10. ANTICIPATED IMPACTS
As proposed, this docking facility would result in the incorporation of approximately 6,811.5 ft2 of Public
Trust Area and Estuarine Waters. The access pier and platform would shade roughly 3,960 ft2 of
vegetated wetlands, and 2,851.5 ft2 of open water. As the facility is proposed, at its point of furthest
extension the proposed structures would be compliant with the % width rule, constructed 11' landward
of the Y< width rule limit. As proposed, the facility would also be constructed approximately 24' landward
of the existing Federal AIWW channel setback. As proposed, the facility would not encroach into the
adjacent 15' riparian corridor setback from properties on both the northern and southern borders. The
proposed pier would be approximately 85' away from the private docking facility to the north, and over
575' away from the private docking facility to the south. The application states that the facility would
accommodate 6 vessels total.
With relatively shallow water depths (-2.0' to -2.3 MLW) reported by the applicant in the area that would
be utilized for the slips, this limited depth could create potential for propwash and kicking affecting the
benthic ecological community and fishery at periods of low tide. There appear to be no SAV present in
the project area. Minor increases in turbidity should be expected during project construction.
Submitted by: Patrick Amico Date: March 29, 2019 Office: Wilmington
RECEIVED
APR 0 8 2019
DCM-MHD CITY
3. DCM MP-1 Section 6.0 Additional Information
3.1 Section 6. a. Project Narrative
The project is located at 1833 Avalon Avenue, off Myrtle Grove Road in New Hanover County. According to the New
Hanover County tax card, the property is 4.61 acres in size and zoned R-15. The legal description of the property is LT27
INDIAN COVE & ADJ TRACT on the New Hanover County Tax Card (PARID 7908-006-001-000). There is an approximate
2,600 square foot single residence located on the western portion of the property that was constructed in 2014. The
property is currently owned by Michael H and Royhanna P Jackson.
The applicant is proposing to construct a fixed access pier measuring 850' in length and 6' in width, fixed access dock
measuring 65' in length and 6' in width, 18' x 18' covered gazebo, and three fixed finger piers measuring 30' in length and
4' in width that would accommodate six boat lifts. The fixed piers and gazebo would be constructed greater than or equal
to 3' above all wetlands. Water depths at the proposed project area were surveyed to Class A standards by Clifford A
Wagner, PLS of SurveyOne, PLLC on November 19, 2018. The Vertical Datum for the survey is NAV88 = MLW — 2.4' and
the Horizontal Datum is NAD 83 (2011). Water depths in the proposed project area of the boat lift slips have been surveyed
at -2' to -2.3' MLW. Typical marine construction methodologies will be used for the pier, gazebo, and boat lift as
determined by the contractor. Surface waters in the project area are classified as SA, ORW and the area is PNA. There is
no upland development proposed. See Appendix A for details.
There are two adjacent riparian landowners. Mr. Bruce Jackson currently owns the adjacent property located to the north
of the project area at 1821 Avalon Avenue, parcel ID R07908-005-006-000. The adjacent property to the north contains
one residential building and one outbuilding. The adjacent property also contains a fixed pier that is approximately 770'
in length and 6' in width that extends to the Intracoastal Waterway. An 18' x 18' covered gazebo, two approximately 25'
in length and 4' in width floating docks, and one boat lift are located at the end of the fixed pier. The gazebo and one of
the floating docks are located approximately 67' to the north of the proposed construction at 1833 Avalon Avenue. The
County of New Hanover currently owns the adjacent property to the south of the project area at 1831 Indian Cove Avenue,
parcel ID R07912-001-001-003. There are no buildings located on the adjacent property to the south. There is a fixed pier
that is approximately 220' in length and 6' in width, and a wooden bulkhead that is approximately 200' in length located
on the western portion of the property. There is no Intracoastal Waterway access and there are no additional structures
located on the adjacent property to the south.
LAMA Permit Application for Major Development — March 2019
1833 Avalon Avenue
New Hanover County, North Carolina
RECEIVED
MAR 18 2019
DCM WIAaM1 t6C
A�R 0 8 2019
DCM-MHD CITY
1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(last revised 12I2T06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
NA
1833 Avalon Avenue
Applicant 1: First Name
MI
Last Name
Michael
H
Jackson
Applicant 2: First Name
MI
Last Name
Royanna
P
Jackson
If additional applicants, please attach an additional page($) with names listed.
Mailing Address
PO Box
city
State
1833 Avalon Avenue
Wilmington
NC
ZIP
Country
Phone No.
FAX No.
28409
USA
910-508-2518
NA
Street Address (if different from above)
City
State
ZIP
NA
Email
michaelandroyanna@yahoo.com
2. Agent/Contractor Information
Business Name
Land Management Group
Agent/ Contractor 1: First Name
MI
Last Name
Greg
Finch
Agent/ Contractor 2: First Name
MI
Last Name
Andy
Conch
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 (d different from above)
City
State
ZIP
NA
Email
gfinch@lmgroup.net; adortch@lmgroup.net
RFCFIVED RECEIVED
LAMA Permit Application for Major Development — March 2019
1833 Avalon Avenue APR 0 8 2019 AIAk 18 2019
New Hanover County, North Carolina
DCM-MHD CITY
DCM WILMINGTON, NC
I Project Location
County (can be multiple)
Street Address
Slate Rd. #
New Hanover
1833 Avalon Avenue
NA
Subdivision Name
City
State
Zip
NA
Wilmington
INC
28409
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
White Oak
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.
New Hanover County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.fl.)
358' and 456' at NHW
4.6 +/- 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)
4 ®NHW or ❑NWL
e.
Vegetation on tract
Typical marsh species, lawn grasses and trees and shrubs.
f.
Man-made features and uses now on tract
Single family residence and access drive.
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Residential.
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
R-15
(Attach zoning compliance certificate, if applicable)
®Yes []No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA
If yes, by whom?
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?
RECEIVED RECEIVED
LAMA Permit Application for Major Development — March 2019
1833 Avalon Avenue APR 0 8 2019 MAR 18 2019
New Hanover County, North Carolina 2
DCM-MHD CITybCM WILMINGTON. NC
m. (i) 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
o. Describe existing drinking water supply source.
Municipal
p. Describe existing stone 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 construct a residential docking facility
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Typical pier and dock construction methodology.
d.
List all development activities you propose.
Residential pier and docking facility.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
New
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
j.
Is there any mitigation proposed?
❑Yes IgNo ❑NA
If yes, attach a mitigation proposal.
RECEIVED
RECEIVED
LAMA Permit Application for Major Development — March 2019 APR 8
1833 Avalon Avenue
New Hanover County, North Carolina
0 2019
DCM-MHD CITY
MAR 13 8 2019
DCM WILMINGTON, HC
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
brooklet 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, clearly 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.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Bruce Jackson Phone No. NA
Address 1821 Avalon Avenue, Wilmington, NC 28409
Name New Hanover County Phone No. NA
Address 230 Government Center Drive, #190, Wilmington, NC 28403
Name Phone No.
Address
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 form, 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.
1 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: 3/18/2019 P ame: Andy Dortch, Agent, Land Management Group, Inc.
Signature LAA
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
RECEIVED RECEIVED
LAMA Permit Application for Major Development — March 2019
1833 Avalon Avenue
New Hanover County, North Carolina
APR 0 8 2019 NO 1
DCM-MHD CITYCCM 1.11I1-MIN6TON, NC
2. Form DCM MP-4
Structures
(Construction within Public Trust Areas)
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑Public/Government ®Private/Community
c. (i) Dock(s) and/or pier(s)
(ii) Number
2 (1 fixed access pier and dock)
(iii) Length
850' and 65'
(iv) Width
6
(v) Floating
❑Yes RNo
e. (i) Are Platforms included? RYes ❑No
If yes:
(ii) Number 1 Covered Gazebo
(iii) Length 18'
(iv) Width 18'
(v) Floating ❑Yes RNo
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
6
(ii) Number of slips existing
0
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
ROpen water; no dredging required
❑Other; please describe:
k. Typical boat length: 25'
m. (i) Will the facility have tie pilings?
❑Yes RNo
(ii) If yes number of tie pilings?
CAMA Permit Application for Major Development — March 2019
1833 Avalon Avenue
New Hanover County, North Carolina
❑This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes RNo
d. (i) Are Finger Piers included? ®Yes ❑No
If yes:
(ii) Number 3
(iii) Length 30'
(iv) Width 4'
(v) Floating []Yes RNo
f. (i) Are Boatlifts included? ®Yes ❑No
If yes:
(ii) Number 6
(iii) Length 12.5'
(iv) Width 12.5'
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or maintenance
service
❑ Dockage, fuel, and marine supplies
R Dockage ("wet slips') only, number of slips: 6 lift slips
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout, charter
boats, sail boats, mixed types).
Mixed types
I. (i) Will the facility be open to the general public?
❑Yes RNo
RECEIVED RECEIVED
APR 0 S 2019 t'1AR IS 2019
5
DCM-MHD CITY QCM "t)''11Bbhl ifOV,, rimy'
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: ; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge' signs proposed.
One at northern end of docking facility.
(it) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to 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
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No RECEIVED
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
OR 0 8 2019
')CM-MHD CITY
RECEIVED
CAMA Permit Application for Major Development — March 2019
1833 Avalon Avenue Pi 4 HIS 2019
New Hanover County, North Carolina 6
4j2 m OlpL:i>4kM$i 64,: N
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
(it) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpi/e, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
❑Commercial ❑Public/Governmenl ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
APR 0 8 2019
DCM-MHD CITY
RECEIVED
LAMA Permit Application for Major Development — March 2019 MAR 18 2019
1833 Avalon Avenue
New Hanover County, North Carolina 7
DCM WILMINGTON, NC
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
The proposed 6' wide fixed pier would be located There is an 18x18' covered fixed pier gazebo, (2) 4' wide
approximately 21 feet from the adjacent riparian property floating docks, 6' wide fixed pier, and one dry boat storage
boundary located to the north. lift located greater than or equal to approximately 67' to the
north of proposed structures.
The proposed 6' wide fixed pier would be located
approximately 108 feet from the adjacent riparian property There are no adjacent docking facilities located to the south
boundary located to the south. of proposed structures.
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
-725'
e. (i) Will navigational aids be required as a result of the project?
❑Yes ONO DNA
(ii) If yes, explain what type and how they will be implemented.
NA
d. Water depth at waterward end of structure at NLW or NWL
- 2.1' to -2.3' MLW
I & OTHER ®This section not applicable
a. Give complete description:
3/18/19
Date
1833 Avalon Avenue
Proiect Name
Michael and Royanna Jackson
A fic n
, Agent, Land Management Group, Inc.
Applicant Signature
RECEIVED
LAMA Permit Application for Major Development - March 2019
1833 Avalon Avenue 0 8 2019
New Hanover County, North Carolina
RECEIVED
016R 19 2015
DCklt 4WI,AIN4TON, roC
DC'm-MHD CITY
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Seawary April 1, 2019
BRAXTON C. DAVIS
Dimcior
Land Management Group, Inc.
c/o Andy Dortch
3805 Wrightsville Ave. Suite 15
Wilmington, NC 28403
Dear Mr. Dortch:
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Michael
and Royanna Jackson, for State approval for development of the subject property located at 1833 Avalon Avenue,
adjacent to the Atlantic Intracoastal Waterway in Carolina Beach, New Hanover County. It was received as complete
on March 18, 2019 and appears to be adequate for processing at this time, with the exception of the green cards.
The projected deadline for making a decision is June 1, 2019. An additional 75-day review period is provided by law
when such time is necessary to complete the review. If you have not been notified of a final action by the initial
deadline stated above, you should consider the review period extended. Under those circumstances, this letter will
serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from March 18, 2019, you may request a meeting with
the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely, ,A/
f �Wry�
Patrick Amico
Field Representative
cc: Courtney Spears, DCM Liz Hair, COE
Doug Huggett, MHC Chad Coburn, DWR
Darrel Galloway, LPO Michael and Royanna Jackson, Applicant RECEIVED
EpAPR o8
�
pCIv1-iJitiU CITY
North Carolina Department of Environmental QwItry I DNision of Coastal Management
Wilmington Ofnce 1 127 Cardinal Drive Extension I W1lmi gmn. North Carolina 28405
CAMA PERMIT
APPLIED
PROJECT construct a new 6-sli
at
Sc
FOR
alockinl
facili
COMMENTS ACCEPTED THROUGHApri1.27f_ 2Q" ---
APPLICANT:
Michael Jackson
1833 Avalon Avenue
Wilmington, NC 28409
Agent: Andy Dortch (910) 452-0001
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div. of Coastal Management
127 Cardinal Dr. Extension
Wilmington, NC 28405
Patrick Amico, Field Specialist
910-796-7423
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address:
Phone Number:
Email Address:
Michael Jackson
1833 Avalon Road
Wilmington, NC 28409
910-508-2518
michaelandroyanna@yahoo.com
I certify that I have authorized Land Management Group
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
docking facility
at my property located at 1833 Avalon Road
in New Hanover
County.
residential pier, and 6-slip
I furthermore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Qwer Information:
1 1NOvI 1) �RTct{
Print or Type Name
RECEIVED
Ag4 L,m G
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tLMG
LAND MANAGEMENT GROUP
a DAMI. company
January 18, 2019
New Hanover County
C/O Tax Administrator
230 Government Center Drive
Suite 190
Wilmington, NC 28403
To Whom It May Concern:
Michael & Royanna Jackson are applying for a CAMA Major Permit for development activity on their property
located at 1833 Avalon Avenue, Wilmington, New Hanover County, North Carolina. The specifics of the
proposed work are shown in the attached permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development in order to give you the opportunity to comment on the project. Please review the attached
permit application and drawings. Should you have any objections to this proposal, please send your written
comments within 30 days of your receipt of this notice to:
Debra Wilson
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision on
the application. No comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
gfinchCaiblmgroup. net
Sincerely,
Greg Finch, Agent
Land Management Group, Inc.
Enclosures
RECEIVED
APR 0 8 2019
DCM-MHD CITY
RECEIVED
MAR 18 2019
www.imgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 JC^'' 'A" 'iP!.{\4 `�c
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4LMG
LAND MANAGEMENT GROUP
a DA1EY_ company
January 18, 2019
Bruce H.Jackson
1821 Avalon Avenue
Wilmington, NC 28409
To Whom It May Concern:
Michael & Royanna Jackson are applying for a CAMA Major Permit for development activity on their property
located at 1833 Avalon Avenue, Wilmington, New Hanover County, North Carolina. The specifics of the
proposed work are shown in the attached permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development in order to give you the opportunity to comment on the project. Please review the attached
permit application and drawings. Should you have any objections to this proposal, please send your written
comments within 30 days of your receipt of this notice to:
Debra Wilson
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision on
the application. No comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
afinchOlmarouo.net
Sincerely,
Greg Finch, Agent
Land Management Group, Inc.
Enclosures
www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
RECEIVED
APR 0 8 2019
DCM-MHD CITY
RECEIVED
aR 19 2019
DCM WILMINGTON, NC
Z�NII 1I11I
3FOR AEG I STRRTION REGISTER OF DEED'
NE RRNOVUS
ERO00'EASL,ENC
2014 APR 10 12 28 7 PM
BK 5807 PG 1649-1658 FEE $26.00
IN57RUMENI # NOON
DOCUMENT QUITCLAIM DEED OF GIFT AND SUBORDINATION AGREEMENT
GRANTORS 1) BRUCE H JACKSON, IR
2) BRANCH BANKING & TRUST COMPANY
3) PNC BANK S/B/M TO RBC CENTURA BANK
GRANTEE 1) MICHAEL H JACKSON
2) ROYANNA P JACKSON
PREPARED BY AND RETURNED TALARK, NEWTON & EVANS, PA
RETURN TO
� �. � ��J�
RECEIVED
APR 0 8 2019
DCM-MHD CITY
RECEIVED
MAR 18 2019
DCM WILMINGTON, NC
Prepared by and Return to: DESC: If checked, the
Clark, Newton & Evans, P.A. PIN: property Includes the primary
509 Princess St $Qj(. -0- residence of at least one or
Wilmington, NC 28401 the parties defined as Grantor
910-762-8743 (NCGS §10&317.2)
NORTH CAROLINA
QUITCLAIM DEED OF GIFT AND
SUBORDINATION AGREEMENT
COUNTY OF NEW HANOVER
THIS DEED AND SUBORDINATION AGREEMENT, made effective as of the
Ltstday of March, 2014, by and between BRUCE H. JACKSON, JR., a Free Trader
p to document recorded in Book 3007 at Page 407, New Hanover County Registry, whose
mailing address is P.O Box 1407, Wilmington, NC 28402 ("Grantor") and MICHAEL H.
JACKSON and wife, ROYANNA P. JACKSON, (collectively, "Grantee'), whose mailing
address is 205-A 3`d Ave., Kure Beach, NC 28449. The designations Grantor and Grantee as
used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine, or neuter as required by context
WHEREAS, Grantor desires to make a valuable gift of real property to Grantee; and
WHEREAS, the subject real property is m two tracts, Tract I (a tract of land deeded
outright hereby) and Tract 2 (an easement over a tract owned by Grantor), as set forth on Exhibit
A hereto; and
WHEREAS, Tract 1 is a parcel and certain other rights appurtenant thereto, which is/aRECEIVED
subject to a deed of trust in favor of Branch Banking & Trust Company, as is recorded in Book
5330, page 2590, New Hanover County Registry (the "Tract 1 Mortgage"); and APR 0 S 2019
DCWMHD CITY
RECEIVED
MAR 18 2019
DCM WILMINGTON, NC
WHEREAS, Tract 2 is an easement over land owned by Grantor which is also subject to
a deed of trust in favor of Branch Banking & Trust Company, assignee from Dover Mortgage
Company, as recorded in Book 4618, page 804, New Hanover County Registry (the "Tract 2
First Mortgage"); and
WHEREAS, Tract 2 is also subject to an equity line deed of trust in favor of RBC
Centura Bank, its successors and/or assigns, as recorded in Book 4880 at Page 3603, et seq.,
New Hanover County Registry (the "Tract 2 Second Mortgage"); and
WHEREAS, the holder(s) of the Tract 2 First Mortgage and the holder(s) of the Tract 2
Second Mortgage have each agreed to subordinate the lien of the said respective Tract 2 First
Mortgage and Tract 2 Second Mortgage to the instant Quitclaim Deed of Gift, such that this
Qmtclaim Deed of Gift shall be superior in priority to that Tract 2 First Mortgage and Tract 2
Second Mortgage;
NOW THEREFORE, WITNESSETH: THAT for love, affection and other good and
valuable consideration, receipt and sufficiency of which are hereby acknowledged, Grantor has
bargained and sold, and by these presents does hereby bargain, sell, convey, remise, release, and
forever quitclaim unto Grantee, and Grantee's heirs or successors and assigns, all right, title,
claim, and interest of Grantor, if any, in and to those certain two tracts or parcels of land in the
County of New Hanover, and State of North Carolina, more particularly described as Tract 1 and
Tract 2 as set forth on EXHIBIT A hereto.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple, and together with and subject to all
property taxes, easements and other matters of record, if any
AND FURTHER, that as evidenced by its consent below, the holder of the Tract 2 First
Mortgage has agreed to and hereby does subordinate the lien of the Tract 2 First Mortgage to the
instant Quitclaim Deed of Gift, such that this Quitclaim Deed of Gift shall be superior in prionty
to the lien of the Tract 2 First Mortgage;
AND FURTHER, that as evidenced by its consent below, the holder of the Tract 2
Second Mortgage has agreed to and hereby does subordinate the lien of the Tract 2 Second
Mortgage to the instant Quitclaim Deed of Gift, such that this Quitclaim Deed of Gift shall be
superior in priority to the lien of the Tract 2 Second Mortgage;
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the
manner prescribed by law, as of the day and year first above written.
RECEIVED
BRUCE H. JACK ON, JR. APR 0 8 2019
A Free Trader
DCM-MHD CITY
RECEIVED
MAR 18 2019
DCM WILMINGTON, NC
WE CONSENT:
Branch Banking & Trust Company
Mortgage
� Beneficiary of Tract 2 First Mortgage
By: /'l"" Y �
Its A V P
PNC Bank S/B/M to
RBC Centura Bank
Mortgage Beneficiary of Tract 2 Second Mortgage
By
Its• �!'; f e_
NEW HANOVER COUNTY, NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: BRUCE H. JACKSON, JR.
Date 20 1
EVANS
Notary Public
to JO(L :ST 1 `tom ►-1 � E V
.,m• PUBLIC V_
comm>y"rk�txpues: Lt
Notary's Printed or Typed Name
RECEIVED
APR 0 8 2019
DCM-MHD CITY
RECEIVED
MAR 18 2019
DCM WILMINGTON, NC
COUNTY
STATE OF NW CAROLINA
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated-
U P of Branch Banking & Trust Compan .
Date. i i lu I� IL4 120 1
Notary Public
1OCC1CIA1. SCALE
htnlC�� A
—1Notary's Printed or Typed Name
My commission expires:
CNpY11TAL A WATKINS
N004 Pubk • Stets of South Carolina
W Com *W L*m iepMrrlber M 2021
RECEIVED
MAR 18 Z019
DCM WILMINGTON, PIC
if Uydi{ COUNTY
STATE OF 6,Y / D
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoin�j docment for the purpose
stated therein and in the capacity indicated �/mj,6f L I/ fY �� FENS
94 of PNC Bank SB/M to RBC Centura Bank
Date: 20
-44Z�
Notary Public
jOhhl( IAI SFAI
�A,-a rc r.s E �r .✓ i u sZ
Notary's Printed or Typed Name
My commission expires A&y f I g 1014
RICIA E GENIUSZ
Public, State of Ohio
;ommie&on Expires
March 12.2016
RECEIVED
APR 0 8 2019
DCM-MHD CITY
RECEIVED
MAR 18 2019
DCM WILMINGTON, NC
EXHIBIT A
TRACT
(Description of Tract Being Deeded Outright)
Beginning at a point in the northern line of Indian Cove Acres
Subdivision, to shown on the map of the same recorded in Nap Book
6 at Page 45 of the New Hanover County Ragistry, that is South 63
degrees 36 minutes 00 seconds East, along said line, 827.34 feet
from A point in the eastern right-of-way line of the Myrtle Grove
Loop Road, S.R. # 1492, 60.00 foot right-of-way; running thence,
from the point of beginning, South 43 degrees 26 minutes 39 seconds
East 80.58 feet to a point; thence, South 31 degrees 02 minutes 02
seconds East 52.00 feet to a point; thence, South 26 degrees 20
minutes 50 seconds East 45.93 feet to a point; thence, South 43 deg-
rees 44 minutes'09 seconds East 46.88 feet to a point; thence, South
43 degrees 35 minutes 33 seconds East 48.74 feet to a point; thence,
South 29 degrees 32 minutes 17 seconds East 33.82 feet to a point in
the western line of Lot 24 of Indian Cove Acres; thence, North 39
degrees 04 minutes 00 seconds East, with said line, 61.60 feet to
the northwestern corner of Lot 25 of said division; thence, South 63
degrees 36 minutes 00 seconds East, with the northeastern lines of
Lots 25 and 26 of said division, 192.36 feet to a point; thence,
South 26 degrees 24 minutes 00 seconds West 200.00 feet t0 a point
In the southwestern line of said Lot 261• thence, South 63 degrees 36
minutes 00 seconds East 190.00 feet to the southeastern corner of
Lot 27 of said division; thence, North 26 degrees 24 minutes 00 sec-
onds East, with the southeastern line of said Lot 27, 140.00 feet to
a point; thence, South 63 degrees 36 minutes 00 seconds East 864.40
feet to a point in the western edge of Myrtle Grove Sound; thence,
Northeastwardly, with the edge of the sound, to k point in the north-
ern line of Indian Cove Acres Subdivision, said point being North 32
degrees 09 minutes 22 seconds East 133.60 feet from the preceeding
Point; thence, North 63 degrees 36 minutes 00 seconds Nest, with the
northern line of Indian Cove Acres, 1547.80 feet to the point of
beginning, containing 4.504 acres, the same being a portion of the
tract of land conveyed to Gerald S, Evans and wife Peggy J. Evans by
deed recorded in Book 1098 at Page 199 of the New Hanover County
Registry,
(Tract I Description continued on following page)
RECEIVED
APR 0 8 Z019
DCM-MHD CITY
RECEIVED
MAR 1 0 M9
DCM WILMINGTON, NC
Together With On eesaaent for the ppuspaos of ingroso, mots" and
maoprrass, free the western line of LOt 2s, Indian Cow Rarestas
ralsexemed herein a0ovo, to the eastern right-of.way line of the
Myrtle Croce Loop Road, the so" Ming acre fully deseribW W.
follows:
laginning at the point of intersection of the northern lino of Indlw
Cow Acres Subdivision as shown on the wap of the same recorded In
Nap look d of rtgo 03 of the Now wenovet County Roolstrye with the
eeatetn sight -at -bay line of tow Myrtle Crow loop Rood, S.A. 11ff2,
d0.00 fOOt right-of.wolrr, Said bsginntrq point Ovine the northwestern
author of Let is of 4Std subdivision; running thence+ frae the point
of bdyinning, $ago s3 Morass M asides 00 00 w" Cast. With the
norther" line of Mid wbiivision, 427.30 feet to a polatl thwoo,
South 63 degrees ad minutes 39 aecends goat so.30 feat to a poiati
poi ti•tMnoo,3Sowth door*" 2a d000rear 20solnvtes 30 saccade &Wtfoot to a
ai.f3 test
to a points thence* South 43 h" as minutes 09 Seconds tact K.N
test to a paints theme r South i3 degrees 3f minutes $3 seconds test
40.74 feet to a ppopanti thence, South 29 deproaa 32 almu m 17 esomN
cost 33.62 test td a point in the western sins of Lot ee of Indien
Cow Acres; thenast South PP degrees W minutes cc seconds Yost, with
the western line eT Lot 20, 21.41 fat to a point= thence, North 2P
degrees 32 alnutes 00 seconds west 3l.19 ?sat 190 a polAU thence
North 03 degrees $3 minutes 33 seconds Vast 44.24 fast to-* point,
thence, North 43 d es minutes 09 seconds West ep.s2 fast to e
pointl thsneo, Wstth 2i de0rses 30 minutes 30 seconds Meet N.td fast
02
fast ttooia point; theme N1the30 pros minutes ual" Vastt
33.03 test to a peintt 1heess, North ei degrees U alitoo 00 aaoonde
Most 130.00 test to a polntt thence, North esdegrees 43 minutes 22
seconds West 100.02 toot to a point; thence.-WKth 63 dope" 36 min-
utes so seconds West 2N.27 test to a point; Inoo, Worth a degrees
U mSeutee 00 seconds Most 310.06 ►ast to a point 1n the eastern
tight-of-mey line of the Myrtle stow Leg Roadl thecae Worth 17 dq-
rose 00 oinuteo 0o SscenN lost, with SW 11ne, 35.30 toot to the
point of oeginniaq.
The same being all those lands located at 1713 and 1718 Indian Cove Avenue and having Tax ID
numbers R07908-005-021-000 and R07908-006-001-000, and being the same lands described in
instrument recorded in Book 2633 at Page 369, New Hanover County Registry, together with
and subject to a right of way for access, ingress, egress and regress over Avalon Avenue, a 30
foot pubhc right of way as the same is shown on a map of Avalon recorded in Map Book 3, Page
13, New Hanover County Registry.
ALL THE FOREGOING TOGETHER WITH a nonexclusive grant of use of, and right to
connect to, that sewer line running between the intersection of Avalon Avenue and Windy Hills
Drive, and Tract 1, to serve Tract 1 and its residential sub -tracts, and further together with and
subject to all easements of record.
RECEIVED
APR 0 8 2019
DCM-MHD CITY
RECEIVED
MAR 18 2019
DCM WILMINGTON, NC
TRACT 2
(Description of Easement)
Being a 6' wide nonexclusive residential easement over the following described tract, and
serving the owners of Tract 1, their heirs, successors and assigns, the purpose of which easement
is for ingress, egress and regress by the owners of Tract 1, their heirs, successors and assigns in
Tract 1, from Tract 1 to the mean high water mark of the Atlantic Intracoastal Waterway, and
any dock and/or pier structure located thereon
All of Lot 5 in Avalon Subdivision as the same is shown
on map recorded in Map Book 3 at Page 13 in the New
Hanover County Registry, TOGETHER WITH any and all land
lying immediately eastward of the above described lot
between an eastward extension of the northern and
southern lot lines and extending to the waters of the
Intra Coastal Waterway, and being the same lands
described in the deed recorded in Book 1905 at Page 494
in said Registry.
The said 6' wide easement is more specifically described below, and as follows:
Beginning at a point in the southern line of the above referenced Lot 5 and the northern line of
another tract of land conveyed to Bnrce Jackson, Jr. as recorded in deed book 2633 page 369 of
said Registry, said beginning point being located South 64 degrees 05 minutes 00 seconds East
556.67 feet from the southwestern corner of said Lot 5 Avalon at the terminus of Avalon Avenue
(right of way width varies), said beginning point marking the centerline of a "6 FOOT WIDE
PEDESTRIAN EASEMENT" described as follows: running thence from the point of beginning
as described, along, and on three (3) feet on either side of such centerline, North 25 degrees 15
minutes 21 seconds East 87.26 feet to a point; thence such easement continues South 64 degrees
08 minutes 17 seconds East 355 feet more or less to the mean high water line of the Atlantic
Intracoastal Waterway.
The foregoing easement shall allow use by pedestrian traffic, bicycles, electric golf carts and
such trailers and carts as are necessary to pull and transport small boats from Tract 1 to the mean
high water mark of the Atlantic Intracoastal Waterway, but shall not allow use by motor vehicles
powered by internal combustion engines
RECEIVED
APR 0 8 2019
DCM-MHD CITY
RECEIVED
MAR 18 2019
DCM WILMINGTON, NC
'Qt TV.
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
tHRlfffRff111t1f'1111f11fff14t111111f1f1fffflfffYff11111f Iff1t1ff11111f1f111f1fff1t111111t1111R1R1f H411f111fft11f11111!
Filed For Registration• 04110I2014 12:28:37 PM
Book: RE 5807 Page: 1649-1658
Document No.: 2014008600
10 PGS $26.00
Recorder: JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2014008600*
2014008600
RECEIVED
APR 0 8 2019
DCM-MHD CITY
RECEIVED
MAR 18 2019
DCM WILMINGTON, NC
Tammy Theusch Beasley
Register of Deeds
New Hanover County, NC
Electronically Recorded
2015 Jan 13 09:11 AM RE Excise Tax:$0.00
Book: 5862 Page: 260 Fee: $26.00
Instrument Number:2015000852
Non -Standard Fee: $0.00
Prepared by and Return to: DESC: Easement, Indian Cove Area
Clark, Newton & Evans, P.A. PIN: Part of R07908-006-001-000
509 Princess Street, Wilmington,
02104- 11
910.762.8743
o Without Title Search, Opinion,
N or Tax Advice
0
N
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
_V/ If checked, the
property includes the primary
residence of at least one of the
parties defined as Grantor (NCGS
§105-317.2)
DEED OF EASEMENT
THIS DEED OF EASEMENT, made and entered into this the 8th day of January, 2015, by and
between MICHAEL H. JACKSON and wife, ROYANNA P. JACKSON, individual residents of
North Carolina with a mailing address at 1833 Avalon Avenue, Wilmington, N.C. 28409, ("Grantor")
and CAPE FEAR PUBLIC UTILITY AUTHORITY, a North Carolina a body corporate and politic of the
State of North Carolina created pursuant to Chapter 162A, Article 1 of the North Carolina General
Statutes, with an address at 235 Government Center Drive, Wilmington, N.C. 28403, its successors
and assigns, ("Grantee") (Grantor and Grantee together, the "Parties"). The designations Grantor and
Grantee as used herein, shall include singular, plural, masculine, feminine, or neuter as required by
context.
WITNESSETH:
THAT WHEREAS, Grantor is the owner of a certain tract of real property received by Deed
recorded in Book 5807, Page 1649, New Hanover County Registry, the description of which is
incorporated herein by reference ("Grantor Tract"), which tract is also indicated on Exhibit A hereto by
the Owners' names thereon, and wishes to grant to Grantee certain easement rights over a part
thereof as indicated on such Exhibit A by a 20' x 20' square on which the letter, "S" is encircled, as
more fully described below; and
WHEREAS, Grantee wishes to have the said easement rights; RECEIVED RECEIVED
MAR 18 2019
APR O 8 2019DCM WILMINGTON, NC
Submitted electronically by CFPUA Engineering in compliance with North Carolinpq sMHOi "able documents
and the terms of the submitter agreement with the New Hanover County Register o e s.
NOW THEREFORE, for TEN DOLLARS ($10) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Grantor grants to Grantee a perpetual
easement over the part of the Grantor Tract described below (the "Easement Tract") for the purposes
of installation, maintenance and replacement of plumbing and sewer fixtures and facilities, to include,
without limitation, sewer lines and manholes, such Easement Tract described as follows:
Beginning at a point in the eastern line of Avalon Avenue, where the same intersects the
westernmost corner of Lot 5, Avalon on Myrtle Grove Sound, Map Book 3, Page 13, and Map Book
51, Page 27, both New Hanover County, the POINT OF BEGINNING. Running from such Point of
Beginning South, 26 degrees 24 minutes 00 seconds West, a distance of 20 feet. Running thence
North, 63 degrees 36 minutes 00 seconds West, a distance of 20 feet. Running thence North, 26
degrees, 24 minutes, 00 seconds East a distance of 20 feet to a point in the southern terminus of
Avalon Avenue. Running thence along the southern terminus of Avalon Avenue a distance of 20 feet
to the Point of Beginning, all of the same defining a 20 foot x 20 foot square as the Easement Area,
and being the same square defined by the words, "Permanent Easement" 20' X 20'" on Exhibit A
hereto, containing an encircled letter "S."
This easement shall touch, concern and run with the subject land, and benefit the heirs,
successors and assigns of the Grantee.
TO HAVE AND TO HOLD the said easement, together with all rights, privileges, and
appurtenances thereunto belonging;
IN WITNESS WHEREOF, the undersigned Grantors have jointly and severally executed this
instrument in the manner prescribed by law, as of the day and year first above written.
GRANTOR:
MICHAEL H. JACKSON
loll —
(signature) (title)
ROYANNA P. JACKSON
By: 1, L f � t
(ffinature) (title)
NEW HANOVER COUNTY, NORTH CAROLINA
RECEIVED
APR 0 S 2019
DC"-MHD CITY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily si ned the foregoing document for the purpose stated
therein ano in the capacity indicated: i ell 4 n
Date: UAJIAA 201�_._
Public
(OFF!CIAL SEAL) a v1, -
�� N tary' Printed or TypeEfVED
My commission expires: >' - f _
sa M Miller
New Hanover County MAR 1 8 2019
Le,ANorth Carolina
DCM WILMINGTON, NC
NEW HANOVER COUNTY, NORTH CAROLINA
I certify that the following
acknowledging to me that he or she i
therein and 'n the capacity indicated:
Date:
[OFFICIAL SEAL]
My commission expires:
personally appeared before me this day, each
signed the foregoing document for the purpose stated
RECEIVED
APR 0 a 2019
DCM-MHD CITY
RECEIVED
MAR 18 2019
DCM WILMINGTON. NC
THIS MAP IS NOTA CERTIFIED SURVEYAND
HAS NOT BEEN REVIEWED BY LOCAL
GOVERNMENT AGENCY FOR COMPLIANCE
WITH ANY APPLICABLE LAND DEVELOPMENT
REGULATIONS.
/ LOT 15
Ly
LOT 14 /
`V�y\ LOT 13 yCOMMON AREA
LOT 12 y
11 �
86MAN COVE SUBDIVISION
Me. 6, PG. 45
LOT 18 1 LO7 19
EXHIBIT "A"
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DENISE DAKODUS
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08 4635 PG 4 LOT 25
PART LOT 22 h PT. 26
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NEW HANOVER GWNTY / 33.82' I R0791 46001-DOI-003
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DANFORDPERMANENT EASEMENT FOR CAPE FEAR PUBLIC UTILITY AUIHORTIY ACROSS LANDS OF JANUARY 5, 2014
MICHAEL H. JACKSON and wifeROYANNA P. JACKSON °� °�R° . ,
;'°Ta°'` 100 o so 100 200
&ASSOCIATES
CANOE VEYING.P.C. LOT 27, PART LDT 26 AND ADJACENT LOT OF INDIAN COVE
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`" '°"°""'°" DEED BOON 5807 PAGE 16E9 IA% PARCELS: BOMB-006-DO1-000 (HODSE) h R7908-005-021-000 1 INCH 100 FEET
.mGll;O: dtlGMortlOd°nFordsorvgin9.com FEDERAL PRIM TOWNSHIP NEW HAN04ER COUNTY NORTH CAROLINA ® OANF(RED k ASSOCIATES LAND SURVEYING, PC
4LMG
LAND MANAGEMENT GROUP
a WYEYI company
March 18, 2019
TO: Debra Wilson
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 1833 Avalon Avenue, Wilmington
Ms. Debra Wilson,
In response to your January 25, 2019 receipt acknowledgement letter, please find enclosed an amended
CAMA Major Permit application and supporting materials for the 1833 Avalon Avenue project located in
Wilmington, New Hanover County. The checklist indicating deficiencies on the initial application has been
reviewed, and the requested corrections have been performed.
Please let me know if you have any questions or need anything in addition to accept the application as
complete.
Sincerely,
'I
Andy Dortch
Land Management Group
RECEIJED
APROg2019
' CM MNp In
D
RECEIVED
Enclosure: LAMA Major Permit Application; $250 fee check MAR is 2019
www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
DCM WILMINGTON, 41C
Contents
1. Form DCM-MP-1...................................................................................................................................1
2. Form DCM MP-4...................................................................................................................................5
3. DCM MP-1 Section 6.0 Additional Information....................................................................................9
3.1 Section 6. a. Project Narrative......................................................................................................9
Appendices
Appendix A -Site Location Map and Work Plats
Appendix B-Deed, Agent Authorization and Adjacent Riparian Owner Notifications
RECEIVED
APR 0 8 2019
DCM-NAHD CITY
RECEIVED
LAMA Permit Application for Major Development — March 2019 MAR IS 2019
1833 Avalon Avenue
New Hanover County, North Carolina
DCM WILMINdTON, NC
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF -ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 7, 2019
Regulatory Division
Action IDNo. SAW-2017-001530
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. Michael Jackson, to construct a new private docking
facility. The proposed 6-slip facility would extend waterward towards Myrtle Grove Sound from
the northeastern portion of the property within waters adjacent to the property at 1833 Avalon
Avenue, adjacent to Masonboro Sound and the Atlantic Intracoastal Waterway (AIWW) in New
Hanover County.
Specifically, the project includes a fixed pier that measures approximately 850' in length
by 6' in width. The proposed fixed pier spans 790' from its landward origin_ in a south east
direction, and then turns slightly further south-southeast for the remaining 60' span towards the
water. The proposed pier then lands on a covered 18' by 18' gazebo. On the waterward side of
the proposed gazebo, the applicant is proposing a 65' long by 6' wide fixed access dock,
extending to the south from the gazebo. The proposed fixed access dock would include three
separate 30' long by 4' wide finger piers, perpendicular to the access dock, extending
waterward towards the AIWW. Each of the three proposed finger piers would include a 12.5' by
12.5' boat lift on the northern side and southern side of each finger, forming the 6 slips
proposed by the applicant.
The Federal agencies have completed review of the proposal as present FyE&VD
application and your field investigation report. We recommend that the following, d c itiog be
MP SECTION WIRO
0
-2-
included in the modification to the State authorization:
1. In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf.
2. The permittee must install and maintain, at his expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact the U.S. Coast Guard Marine
Safety Office at (910) 772-2191.
3.' All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USAGE) prior to implementation.
4. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation
patterns within -waters or wetlands or to reduce the reach of waters or wetlands.
5. 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. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
7. 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 theproject site during construction and maintenance of this project.
B. The, activity will be conducted in such a manner as to prevent a significant increase
in turbidityoutside 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
a'.
-3-
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. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in
such time and manner as the Secretary of the Army or his authorized representative may
direct, restore the water or wetland to its pre -project condition.
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.
Questions or comments may be addressed.to Mr. Jordan Jessop, Wilmington Field
Office, Regulatory Division, telephone (910) 251-4810 or email at
jordan.e.jessp@usace.army.mil.
Sincerely,
Digitally signed by
Digitally
a .2019.06.0709:56:48-04'00'
Jordan E. Jessop, Project Manager
Wilmington Regulatory Field Office
Electronic copy furnished:
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist -Water Protection Division
Mr. Gregg Bodnar
North Carolina Department of Environmental Quality- Division of Coastal Management
Ms. Karen Higgins/Mr. Robb Mairs RECEIVED
North Carolina Department of. Environmental Quality -Division of Water Resources
JUN 0 7 2019
MP SECTION WIRO
t,.
KI
Mr. Pete Benjamin/Mr. John Ellis
U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement
Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood
National Marine Fisheries Service -Habitat Conservation Division
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New Hanover County
23 overnment Center Dr. #190
Wilmington, NC 28403 , `, usACE NAVIGATION
CHANNEL AND SETBACK
PROPERTY 80 ARY '` j % 7' 8/4
OUTER MARSH EDGE
/
PROPERTY BOUNDARY
.1
ONE QUARTER WATERBODY WIDTH
NOTES:
1. TAX PARCELS FROM NHC GIS.
2. 2016 AERIAL FROM NCONEMAP.
3. NOT A SURVEYED OR ENGINEERED DRAWING.
4. FOR ENVIRONMENTAL PERMITTING ONLY.
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18.00
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%APR 08 2019
I CWMHD CIT
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/
RECEIVED
LMG
LAND MANAGEMENT GROUT
a DAIPL4 mmvury
3805 Wrightsville Ave, Suite 15
Nlmington, NoM Carolina 2W
MAR 18 2019
1833 Avalon Avenue 12/12/tkM WILMIN06A, NC
Scale. Job Number.
V=30' LMG17.188
Dock Detail Dravm By: Sheet Number.
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RECEIVED
MAR 18 2019
oA A Imommoommommoli s
CCM WILMINGTON, N
Project: Dete: Revision Date:
LMG znone 3,sns
1833 Avalon Avenue
Stale: Job Number:
LAND MANAGPJrIHNT GROUP As Noted LMG17,188
. YWEA mmvmry Title:
3805 gton, North
Ave, Suite 15 Profile A Drawn By: Sheet Number
Wilmington,ne 91Carolina Ol GSF 4Of5
Telephone: 910J52-OB01
LdWETLANDS@017 WETLANDS FILES101-17-188 --- Avalon Ave. 1833. Mike J1cks11\CAMX1833 Avalon.dvm
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COASTAL WETLAND LINE
404 WETLAND LINE
PROPERTY BOUNDARY
HIGH MARSH
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0+110 0+20 0+130 0+40 0+150 0+60 0+70 0+180 0+190
LM G 1833 Avalon Avenue 12/21/18
Style:
LAND AfANAGENENT GROUT AS Noted
a ai mmvry Tile:
3805 Wrightsville Ave, Suite /5 Profile B Drawn By:
Kl Teleph, North Carolina Ol GSF
Telephone: 910-452-0001
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APR 0 8 2019
DCM-MHD CITY
RECEIVED
MAR 18 2019
3/6/19
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valon Ave /
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RECEIVED
JUN 19 2019
n 0+10 t� 0+20 0+30 u 0+40 0+50 a 0+60 _ 0+ o 0+80 0+90
RECEIVED
MAY 31 2019
DCM WILNWNGTON, NC
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LMG1833 Avalon Avenue Sate 1220/18 Jab Nurnber381B
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RECEIVED
JUN 19 2019
850' x 6' Fixed Access Pier with Railing
COASTAL WETLAND LINE
404 WETLAND LINE
COASTAL WETLAND LINE
PROPERTY BOUNDARY
HIGH MARSH
NHW