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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� Rf-f*4 S�tba l — KLw —I we HH tafsun SC4 -b wu rp l (deoara I{fZZ/15). 5l lt�- re.tt�uled .mot fy)YVt bvVrz (sad k0tVe- ble�en Uowt) f f-e tvt*) 5/7�I��- ext�vuled remw pt##dd IS-v- gpgi (fMer Y a, - Yq (lit w►dfij tb )Z"/D. CWLV- 7LIs l wilt Send `''� �;yq n;,v>�s.� fZCUVu1 Vv.Lv dirawi s Wav % iol vmtA of J&vpolalfd alai mer�+�f Yna�SY� a-'n eas+frn S�Wft IJ- ('jrkjVjV 1S S- iU Cabfw (6 Ag-f- : rf/YAS-tA Vuflgi bA/- ft-n ff4 (eL-d Xt w61w -SO/11) 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. 0 0 c m 3 a� z c 0 }t� V! �r TQ{ V 0� V^Jl W > 0 /L� n Q% >, 2 0 y-+ C N U co 70 m tll Q C 0 CIO M M 00 Q Q U N O rn a� RECEIVED 0 w x z d c eu r U ° � z m w � 0 .c m . R m U rn .o a C m' E2 m z Z a z N ❑ElElEl s 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. �I�.Islcrnrlt� w>.�A� I6LI AVRLWA*:A1lAE W,UeiN„W,NL 19WI llllllllll'IIIIIIIIIIIIIIIIIIiIIIIIIIIIII IIIII 9590 9402 1614 6053 4483 27 '7005 2570 0000 5703 8997 Ps Form 3811, July 2015 PSN 753"2-000-9o53 MHO earl 19 U Yee ltW: ONO 3" Prbnty Mell npm e Oct Reyletered Mail - ❑ Ct Re 4,stcrod Mall Reeelctes Delluory A Ct Return Rotttipt for ❑ e[ Me rhandlw ❑ Colrecr On Ltirvery RosldctlW OBlivary l l slp,teture Con lmlellonTM D Insured Mail 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 > a4 W w Ix o ¢ 2 g 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 Title APR 0 8 2019 t t g DCM-MHD CjrV Date This certification is valid through 12 t31 f2019 RECEIVED ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. nA�rtiicllee QA,dxdrre�sssed to; 1' Jt1/I UE IA WwK(WAAJ G/0114X AVMINiSM4TT 2,30 6otWMENr C.ENrEZ DRw VE Sul yt/ItaMNKN�✓nNG 29103 III��� I�I IIIII III IIII II'IIII'II I IIIII II ICI 9590 9403 0119 5077 8033 29 7005 1820 0002 9135 7842 PS Form 3811, April 2015 PSN 7530-02-000-9053 CY091ent D. is daiivery eaoteae diiiereni from iiertt f� If YES, enter delivery address below: ❑ No Service Type ❑ Priority Mail Express® Adult Signature ❑ Registered Mail'" Adult Signature Restricted Delivery ❑ Reglmored Mail Restricted cedoled Malta Delivery Cer i ied Mall Restricted Delivery ❑ RatuR Recelpt for Collect on Delivery Marctwidise Collect on Delivery Restricted Delivery ❑ Signature Confirmation.. Insured Mall ❑ Signature Confirmation kwjmd IW Restricted Delivery Restricted Delivery Domestic Return Receipt RECEIVED APR 0 8 2019 DCM-MHD CITY RECEIVED MAR 18 2019 DCM WILMINGTON, PIC ti Postal coCERTIFIED MAIL,,,, RECEIPT AZALEA r- (Domestic MaH Only: No insurance Coverage Provided) 3916 OLEANDER DR ut WILMINGTON Mwl�jnQA1r� NC If 0403A 1 V 1 S E 28403-6758 Q 3686440406 Posgp 0406 3686440406 15 31 01/18/2019 (800)275-8777 3:00 PMcenmedFee f0.00 orrU3____cReturn Radp Fee • Postmark Product$a Final(Eneoreemer• Repuked) f000 H•r• Description 1df4d UalNary FeePrice(EndoreemerrtRequkad)First Class Mail $2.05 TotalPestage8 ees 01/18/2019 Large Envelope o (WILMINGTON NC 28409) %+p:7W:•• (Weight:0 5.40 Oz) orPOB"No. 230 6-44 qK J� , f� 1- : yw� 14 _Ai-, i — -23 - Estimat Delivery Date) ��7oN �U (Tuesday 1%22/2019) Certified / 1 $3.45 PS F.rnn 3800.•' • (MUSP Certified Mail 0 (70051 20000291357835) Return 1 $2.75 un U.S. Postal Service,,, m Receipt i CERTIFIED MAIL,. RECEIPT (IOU :S Return Receipt N do .. a First-Clnly; No insurance Coverage Provided) (95 40301195077803312) Maailrge En lope $2.05 � wlu&*1 F t4 IW49A L U S E ( tic) E 040ti (WI NGTON, NC 28403) Pew• i 31 (Wei t:0 Lb 5.40 Oz) cenmedFee $0.00 (Estl ated Delivery Date Postmark (Tugs y 01/22/2019) RetumReo"pulFee Here 1 $3.45 Certifi (EndorsementRequlred) $0.00 D( S Certified Mail 0) ru anbl•W aekvery Fee (7005 20000291357842) `o tFt Requ red) ra Receipt 1 $2.75 Ln TewPostage aFe; 01/18/2019 (9®USP eturn Race t #) o e 95 II95077 ) 6i2Uit; It. %1� -- Total 1821 l�uIE1.oN 14VC-N $16.50 or PO Box No. 7 _ �_ .. .ur__. _. _. - ---•- ----••-•--- Credit Card Remitd $16.50 (Card Ndme:VISA) PS Form 3600. June 2002 Sea Reverse to, Instructionx (Account #:XXXXXXXXXXXX8529) (Approval #:060618) (Transaction #:545) (AID:A0000000031010 Chip) (AL:VISA CREDIT) (PIN:Not Required) Text Your tracking number to 28777 (2USPS) to get the latest status. Standard Message and Data rates may RECEIVED apply. You may also visit www.usps.COM USPS Tracking or call 1-800-222-1811. In a hurry? Self-service kiosks offer APR 0 8 2019 quick and easy check-out. Any Retail MHD CITY Associate can show You how. DCM- Prevlew your Mail Track your Packages Sign up for FREE www.fnformeddelivery.com RECEIVED All sales final on stamps and postage MAR 18 2019 Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER DCM WILMINGTON, NC TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE 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 3/6/2019 USPS.com®- USPS Tracking® Results USPS Tracking® FAQs > (hftps://www.usps.com/fags/uspstracking-faqs.htm) Track Another Package + Tracking Number: 70051820000291357 Expected Delivery by TUESDAY 22 2019 (D Y ols O C✓ Delivered by 8:00pm O January 22, 2019 at 6:01 pm Delivered, Left with Individual WILMINGTON, NC 28409 Tracking History Product Information See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. Remove X CD CL Cr m 0 v v RECEIVED APR 0 8 2019 DCM-MHD CITY RECEIVED FAQs (hftps://www.usps.com/fags/uspstracking-faqs.htm) ,4Ak 1 S Z019 https://tools.usps.coMgorrrackGonfirmAction?qtc_tLabelsl=70051820000291357835 DCM WILMINGTON, NC1/2 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" M9ARADMM.MIINOTTMLR®NLR Of YY GwDUW fVRVGl.R6♦ COMPIIATItlY DR VARNNY M �M MID MM8 �� M1OriOKVefi9R CONVRYANCC un a zNaG�TxP�P LOT 3 Wa mut a vI2 i1 NN GQMY A P{YIIIUL AITM!°Y Ci STA1F Df NG F Zqq y� Q -6 a oeto .aoR a>i vAa ea <C AXE 4CKEITHAN D.B. LOT 4 DEED BOOK 1829 PAGE 353 — e 4 I eti 2 LDT 5 R 4� 1 SEEDETAA. A-Lio ClHW-yyoa c� slot s o dde Z 0 0 AVALON I a� ti w LOT P m�-• MAP 51 PAGE 27 coNMON AREA A24- )O�Sw� DMqW IOZ904N r �r47��eel N26K io°®F �20..000F °°wi�awi x. Namw a ,xKj P a66,00 w PERMANENT iala ml-000 C 1P_ EASEMENT w M07 PG is* —WF= wv. — — �v4 N2o 3 y',-R — — MKWEL H. JACKSON a WK.. eB o?6 �1P w+s 5 r — R0790-00i 6-001PC 6-ODo DO _ w 49 DENISE DAKODUS �,KIHN A MANNING / R07906-OU6-003-000 R07906_OD5-023_000 Lm 2, OR 1704 PC 27 r _ 08 4635 PG 4 LOT 25 PART LOT 22 h PT. 26 �N29'32 7'W NEW HANDIER COUNTY NEW HANOVER GWNTY / 33.82' I R0791 46001-DOI-003 R07908-005-02G-000 \ OB 5053 PC 2182 \ ( pe 5330 PC 1881 LOT2G / I � ` AIL V AL I AL Ak J � AL tzl AL LEGEND ®= SANITARY seam Lw6,ole 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 v iw. ftnf `" '°"°""'°" 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 R w • {� COASTAL WETLAND LINE Jae r i Wilmingtcrmf- 409 t W LINE x NH 575' AEQ;' 75' COD Yji I l ow =, WETLAND LINE /// / 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. 12.50 18.00 11 1 I I l i i l I � / I I � / IF i i l i i l i i I l RIPARIAN CORRIDOR (PROPERTY LINEXTENSION PER PERMIT #1 0-96) i 150 / / AI / 15 161140 r % / �ECEIVED %APR 08 2019 I CWMHD CIT / USACE NAVIGATION - USACE 80' SETBACK / CHANNEL / 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. GSF 3 of 5 / ¢)' / / Q �Q, x- / / 8 9 E 10 8 6 4 2 0 -2 -4 -6 _8 0+00 -ONE- QUARTER WATERBODY WIDTH t RIPARIAN CORRIDOR - - - - -(PROPERTY LINE1EXTENSION ' PER PERMIT#15�96) USACE 80' SETBACK x- 26; USACE NAVIGATION CHANNEL 1:� 0+110 0+20 0+30 040 0+50 0+60 0+7o 0+180 0+190 a' 10 8 6 4 2 0� 2� -4 RECEIVED -6 -8 APR 118 2019 1+0cbCM-MHD CI' 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 E 10 8 6 4 2 0 -2 -4 -6 -8 0+I00 COASTAL WETLAND LINE 404 WETLAND LINE PROPERTY BOUNDARY HIGH MARSH NHW L I 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 0 8 6 4 2 0� 2� -4 -6 -$RECEIVED 1 +00 APR 0 8 2019 DCM-MHD CITY RECEIVED MAR 18 2019 3/6/19 rer: LMG17.188 mEer: 5 of r r i I r 10 r COASTAL WETLAND LINE Jackson. • valon Ave / r •�; , ,�, --. Wilmington. NC 2 11,'31"'All \ v\ ti_\ NHW LINE 1VW ir4 r \ / • f I �� �.,. Q -i.. .'1. t, ��� �. �-. � / / WETLAND LINE ;'/ New Hanover County 230 Government Center Dr. #190 " Wilmington, NC 28403 / \_ USACE NAVIGATION o f l CHANNEL AND SETBACK r, a • +�. NO BOUNDARY 7� 8!46 Xp • / 1�'1' ;�_� I- ON-EQUARTER WATERBODY WIDTH � l X `L A X'2• \ - - - - RIPARIAN CORRIDOR -(PROPERTY LINE 1EXTENSION 1 PER PERMTIT#15�96) USACE 80' SEJ\TBACK �� 6[ 40 USACE NAVIGATION X p oo-2• ; L CHANNEL -~ 10 8 6 4 2 0 :55 -2 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 k' 10 8 6 4 2 o� -2 73 -4 -6 -8 1 +00 LMG1833 Avalon Avenue Sate 1220/18 Jab Nurnber381B ANACP.NRNT CROUP AS Noted LMG17.188 Msvilll. A.. Ttie 7S5 Profile A Dram By: Sheet Number i, Nam Carding 2BW2 GSF 4 of 5 HD CITY 404 WETLAND LINE 101 8 6 4 -- MMW --- 2 0 _...MLW J 2 Pings per ractor 4 (Size. Spacin)eRth) 6 0+00 _ n 0+10 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