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HomeMy WebLinkAbout20-19 Logan Development IncPermit Class NEW Permit Number 20-19 STATE OF NORTH CAtROLINA Department of Environmental Quality and Coastal Resources Commission ermit for RECEIVED APR 0 S ?019 DCM-MHD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Logan Development Inc. c/o Mr. D Logan, 60 Gregory Road, Suite 1, Leland, NC 28451 Authorizing development in Pender County adjacent to Topsail Sound/AIWW, at Factory Road, Hampstead , as requested in the permittee's application dated 10/30/18, including attached w_orkplan drawings (19) Sheets 1-19 of 19 all dated revised 02/18/19. This permit, issued on March 29, 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 De subject to tines, imprisonment or ctvu action; or may cause me permit to ne nuu anu vora. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the 119-lot subdivision, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. (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 shall 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 shall 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 Chairman of the Coastal Resources Commission. Braxton C. Davis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Logan Development, Inc. c/o Mr. D Logan Marina Permit No. 20-19 Page 2 of 6 2) Unless specifically altered herein, this permit authorizes the docks, piers and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. 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. 3) 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. 4) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable at an easily accessible location. The pumpout facility shall be maintained in operable condition for the life of the manna. 5) The marina shall display a sign showing the location of.the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier. 6) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 7) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 8) No attempt shall be made by the permttee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) 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 structures in order to make them more visible during hours of darkness or inclement weather. 10) 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. 11) This permit authorizes seventy-five (75) formalized boat slips within the upland basin and nine (9) formalized boat slips within the entrance channel to the upland basin. Logan Development, Inc. c/o Mr. D Logan Permit No. 20-19 Page 3 of 6 ADDITIONAL CONDITIONS Restrictive Covenants 12) In accordance with commitments made by the permittee, and to ensure compliance with Marine Fisheries Commission Shellfish Sanitation rules and Division of Water Resources water quality standards for surface waters, restrictive covenants shall be placed on lots within the entrance canal to the upland marina as depicted and described on workplan drawing 5 of 19. As currently numbered, Lots 58, 59, 66, and 67 shall be prohibited from having any boat slips. Lot 57 shall only be allowed one (1) boat slip located along the southernmost 39' of its canal shoreline. Lots 50 through 56 shall be restricted to one (1) boat slip each. The Medlin property at 209 Lea's Lane and the Lea property at 301 Lea's Lane shall be restricted to one (1) boat slip each. 13) Drafts of the restrictive covenant instruments shall be provided to the Division of Coastal Management for review prior to execution and recordation. These Restrictive Covenants shall be recorded with the Pender County Register of Deeds, and copies of the recorded instruments provided to the Division of Coastal Management, prior to the initiation of any construction. Excavation 14) Prior to the initiation of any dredging activities within the channel along the open shoreline (waterward of Lots 41-49 in the attached workplan drawings), the permittee shall, in coordination with the Division of Marine Fisheries, develop and implement an oyster relocation plan for the oyster population. Contact the Division of Marine Fisheries at (252) 808-8050 to initiate the required coordination. Notice of satisfactory completion of the relocation efforts shall be provided to the Division of Coastal Management prior to initiation of dredging in channel along the open shoreline. 15) In order to protect juvenile shrimp and finfish populations, no open water excavation shall be permitted between April I and September 30 of any year without the use of turbidity curtains. 16) An earthen plug shall be left between the area to be excavated and the existing waters of Topsail Sound and a 24-hour period after completion of excavation shall elapse prior to plug removal to prevent unnecessary siltation into the adjacent water body. 17) No excavation shall take place outside the area indicated on the attached workplan drawings. 18) Excavation shall not exceed -6 feet below the normal low water level within the access channel to the AIWW and -4 feet below the normal low water level within the area adjacent to Lots 41-49 as depicted in workplan drawing 19 of 19. In no case shall the depth of excavation exceed the depth of the connecting waters. 19) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. RECEIVED APR 0 8 2019 DCM-MHD CITY Logan Development, Inc.•c/o Mr. D Logan Permit No. 20-19 Page 4 of 6 ADDITIONAL CONDITIONS Maintenance Clause 20) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit and that notification include: a. The number of the original permit b. A statement that no dimensional changes are proposed c. A copy of the original permit plan(s) with cross -hatching indicating the'area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. d. The date of plan revision and the permittee's signature shown anew on the original plan. Spoil Disposal 21) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 22) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal low level to prevent gully erosion and unnecessary siltation. 23) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 24) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 25) The diked disposal area shall be constructed a sufficient distance from the normal high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 26) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Shoreline Stabilization 27) The authorized bulkhead and rip rap shall adhere to the alignment depicted on the attached workplan drawings: Any proposed development depicted on the Medlin property at 209 Lea's Lane and Lea property at 301 Lea's Lane within the attached application and workplan drawings are hereby deleted from this authorization. 28) The rip rap sill material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the site by wave or current action. 29) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 30) The bulkhead shall be constructed prior to any backfrlling activities. Logan Development, Inc. c/o Mr. D Logan Permit No. 20-19 Page 5 of 6 ADDITIONAL CONDITIONS 31) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 32) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 33) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control & Stormwater 34) A Stormwater Permit will be required for this project. This application must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environmental Quality, Division of Energy, Minerals and Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environmental Quality, Division of Energy, Minerals and Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405. 35) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 36) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 37) No development activities authorized by this permit shall be initiated until such time as the purchase of the property by the permittee has been finalized and such documentation has been provided to the Division of Coastal Management. 38) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. RECEIVED APR 0 8 2019 DCM-MHD CITY Logan Development, Inc. c/o Mr. D Logan Permit No. 20-19 Page 6 of 6 ADDITIONAL CONDITIONS 39) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 40) No vegetated wetlands or open water areas shall be excavated or filled, even, temporarily, outside of the areas indicated on the attached workplan drawings. 41) ° 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. 42) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 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: 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: Installation of new water mains will require engineered plans and specifications to be, submitted to the Public Water Supply Section for review and approval before installation, and the existing Public Water Supply Well on site will need to be abandoned. Please contact Public Water Supply at 910-796-7215. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2018-1527vI. NOTE: The U.S. Army Corps of Engineers assigned COE Action Id. No. SAW-2018-01501. Allo aHW-W3Q 6101 g 0 ddV a3/U333U :panssi -M551- r�rrtn 77j'nvSa14 nrtl�O (3l- -2,V f 1 r5 - -c4u ,.uwo-) _WQ a3ucyjsaly �!'. iMy�y v�S `N`, r- "y-" ' `�° `� S L �1a1M�til� y a ,� �' )"AVh n - 0111z (pr��Hro� Ir�v,ti,� rove �)M4 W&4 MOM yvi ►- pry P)AM)) — bl /11/I �o�s�.l NQ � p �V r12�4 U1 SALM-V c aa� n"iun, (6m7v-rYvcd-,�-.] zv1wy q,l -Aa,4 51?Yr p2n aJl—bl�vlil Plv4 �7u.�ac�in t �yvyy� yi.�vlA"1 Sa4,1�,1g�, SSn'IS''p �.-!'-j�vl-rPp"1� P�11 n� 1 k W4 G "4-.\ 5vaw +wv _ bI II/� ,0-1� I,ikW2fgo \Arr VOI-'l 49 p) + -A� :Pduad luawwoD he0 OE :augpea(J luRwwo:)/Nd Pu3 _. ... . ... . ............................... - Permit' Class Permit Number NEW 20-19 STATE OF NORTH CAROLINA Department of Environmental Quality RECEIVED and Coastal Resources Commission MAY 22 P019 P L m `L DCM-MHD CITY for X Major Development in an Area of Environmental Concern' pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Logan Development, Inc c/o Mr. D Logan 60 Gregory Road, Suite 1, Leland, NC 28451 Authorizing development in Pender County adjacent to Topsail Sound/AIW W, at Factory Road, Hampstead , as requested in the permittee's application dated 10/30/18, including attached worknlan drawings (19) Sheets1-19 of 19 all dated revised 02/18/19. This permit, issued on March 29, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause me permit to me nun ana vora. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the I I9-lot subdivision, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. (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 shall 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 shall 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 Chairman of the Coastal Resources Commission. Braxton C. Davis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Logan Development, Inc. c/o Mr. D Logan Permit No. 20-19 Page 2 of 6 Marina 2) Unless specifically altered herein, this permit authorizes the docks, piers and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. 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. 3) 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. 4) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable at an easily accessible location. The pumpout facility shall be maintained in operable condition for the life of the marina. 5) The marina shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier. 6) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 7) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) 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 structures in order to make them more visible during hours of darkness or inclement weather. 10) 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. 11) This permit authorizes seventy-five (75) formalized boat slips within the upland basin and nine (9) formalized boat slips within the entrance channel to the upland basin. RECEIVED MAY 2 2 2019 Logan Development, Inc. c/o Mr. D Logan Permit No. 20-19 Page 3 of 6 ADDITIONAL CONDITIONS Restrictive Covenants 12) In accordance with commitments made by the pemuttee, and to ensure compliance with Marine Fisheries Commission Shellfish Sanitation rules and Division of Water Resources water quality standards for surface waters, restrictive covenants shall be placed on lots within the entrance canal to the upland marina as depicted and described on workplan drawing 5 of 19. As currently numbered, Lots 58, 59, 66, and 67 shall be prohibited from having any boat slips. Lot 57 shall only be allowed one (1) boat slip located along the southernmost 39' of its canal shoreline. Lots 50 through 56 shall be restricted to one (1) boat slip each. The Medlin property at 209 Lea's Lane and the Lea property at 301 Lea's Lane shall be restricted to one (1) boat slip each. 13) Drafts of the restrictive covenant instruments shall be provided to the Division of Coastal Management for review prior to execution and recordation. These Restrictive Covenants shall be recorded with the Pender County Register of Deeds, and copies of the recorded instruments provided to the Division of Coastal Management, prior to the initiation of any construction. Excavation 14) Prior to the initiation of any dredging activities within the channel along the open shoreline (waterward of Lots 41-49 in the attached workplan drawings), the permittee shall, in coordination with the Division of Marine Fisheries, develop and implement an oyster relocation plan for the oyster population. Contact the Division of Marine Fisheries at (252) 808-8050 to initiate the required coordination. Notice of satisfactory completion of the relocation efforts shall be provided to the Division of Coastal Management prior to initiation of dredging in channel along the open shoreline. 15) In order to protect juvenile shrimp and finfish populations, no open water excavation shall be permitted between April 1 and September 30 of any year without the use of turbidity curtains. 16) An earthen plug shall be left between the area to be excavated and the existing waters of Topsail Sound and a 24-hour period after completion of excavation shall elapse prior to plug removal to prevent unnecessary siltation into the adjacent water body. 17) No excavation shall take place outside the area indicated on the attached workplan drawings. 18) Excavation shall not exceed -6 feet below the normal low water level within the access channel to the AIWW and 4 feet below the normal low water level within the area adjacent to Lots 4149 as depicted in workplan drawing 19 of 19. In no case shall the depth of excavation exceed the depth of the connecting waters. 19) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. RECEIVED MAY 2 2 2019 Logan Development, Inc. c/o Mr. D Logan Permit No. 20-19 Page 4 of 6 ADDITIONAL CONDITIONS Maintenance Clause 20) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit and that notification include: a. The number of the original permit b. A statement that no dimensional changes are proposed c. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. d. The date of plan revision and the permittee's signature shown anew on the original plan. Spoil Disposal 21) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 22) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal low level to prevent gully erosion and unnecessary siltation. 23) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 24) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 25) The diked disposal area shall be constructed a sufficient distance from the normal high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 26) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Shoreline Stabilization 27) The authorized bulkhead and rip rap shall adhere to the alignment depicted on the attached workplan drawings. Any proposed development depicted on the Medlin property at 209 Lea's Lane and Lea property at 301 Lea's Lane within the attached application and workplan drawings are hereby deleted from this authorization. 28) The rip rap sill material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the site by wave or current action. 29) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 30) The bulkhead shall be constructed prior to any backfilling activities. RECEIVED MAY 2 2 2019 DCM-MHD CITY Logan Development, Inc. c/o Mr. D Logan Permit No. 20-19 Page 5 of 6 ADDITIONAL CONDITIONS 31) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 32) The bulkhead shall be structurally tight so as. to prevent seepage of backfill materials through the structure. 33) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control & Stormwater 34) A Stormwater Permit will be required for this project. This application must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environmental Quality, Division of Energy, Minerals and Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environmental Quality, Division of Energy, Minerals and Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405. 35) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 36) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 37) No development activities authorized by this permit shall be initiated until such time as the purchase of the property by the permittee has been finalized and such documentation has been provided to the Division of Coastal Management. 38) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alterthe structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. RECEIVED MAY 2 2 2019 Logan Development, Inc. c/o Mr. D Logan Permit No. 20-19 Page 6 of 6 ADDITIONAL CONDITIONS 39) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 40) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, outside of the areas indicated on the attached workplan drawings. 41) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. 42) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 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: 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 pemuttee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: Installation of new water mains will require engineered plans and specifications to be submitted to the Public Water Supply Section for review and approval before installation, and. the existing Public Water Supply Well on site will need to be abandoned. Please contact Public Water Supply at 910-796-7215. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2018-1527v1. NOTE: The U.S. Army Corps of Engineers assigned COE Action Id. No. SAW-2018-01501. RECEIVED MAY 2 2 2019 ROY COOPER NORTH CAROLINA Governor Envlra mtal QuaNty MICHAEL S. REGAN S—Wary BRAXTON C. DAVIS DLecror March 29, 2019 Elizabeth Avery Godwin 7231 Masonboro Sound Road Wilmington, NC 28409 Dear Ms. Godwin: Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit application submitted Logan Development Inc., in which permission was requested to construct a new boat basin, marina, and subdivision adjacent to your property located in Hampstead, North Carolina. The Division appreciates your concerns about the proposed project In this case, no inconsistencies with the Coastal Area Management Act were identified. Consequently, the Division has issued Major Permit No. 20-19 for the proposed activity. A copy of the permit is being provided to you for your information. I have included a copy of the third -party appeal form for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. Please feel free to contact me by telephone at (910) 796-7426, or by email at courtney.spears@ncdenrgov with any questions or concerns. cc: WiRO file MHC file ordinator ME � RECEIVED APR 0 8 2019 DCM-MHD CITY North Carolina Department of Environmental Quality I Dlvlslon of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I WIIMn9ton..North Carolina 28405 910.796.7215 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Logan Development, Inc COUNTY: Pender PROJECT NAME: (Filed as) Shoals at Lea's Waterfront LOCATION OF PROJECT: Southern terminus ojFa amy Rd, adjacent to Topsail Sound and AIWW, in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD:10-31-18 RECEIVED FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Jason Dail DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: I�l� PUBLIC NOTICE REC'D:11-9-18 ADJ. RIP. PROP NOTICES RECD: Y6 APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: I! m I M ..tYfimd MAIL OUT DATE:11-6-18 % l FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a APR 0 8 2019 DISTRICT OFFICE: WILWVGT(ftM-MHD CITY FEE RECD: $475 #I4060. END OF NOTICE DATE:11-30-18 DEED RECD: V ON: 150 DAY DEADLINE: 3 30 ol STATE DUE DATE: 11-30-18 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance Division of Coastal Management-LUP Consistency i Public Water Section (DWR) I } M X W 0t I s ib be a60,4 Land Quality Section (DEMLR) ('4 �� x ans m C 5,A) ✓ Division of Water Resources - 401 Section S _ State Property lI fij Division of Archives & History 1 L Division of Marine Fisheries -Shellfish Section Division of Highways (NCDOT) Wildlife Resources Commission Local Permit Officer LUbr V �lf"Afl VK 411-18P Division of Marine Fisheries - DCM C D et io W M111 •e ! ,t • p /w a t w f 11 Corps of Engineers - Regulatory Branch N 4) I-41 Nat MWI-kaff WL ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Div,,v, m g(Coarm( Management November 7. 2018 MEMORANDUM: FROM. Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier04-16-33) courtnev. soears(filncdenr.aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Logan Dev., Inc. /Shoals at Lea's Waterfront Project Location: end of Factory Rd., adjacent to Topsail Sound & AIWW, in Hampstead, Pander Co. Proposed Project: development of a new residential subdivision and associated upland marina basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 30, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7270 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 �1 Sh ,Vu i3--t GL Cldr ss AGENCY GumrylF✓ee SvG� Aj b M F vide, JZ ShrrIf6v'A1, owlo{ J°✓7t SIGNATURE / ' " G'^�� ivi a U RECEIVED W S S o �' m DATE 111 2 D 11a NOV26 AhAduo ratsf�'(}+t�nS j]90 yI�/�� �/���/�� C RECEIVED Slate of North Carolina I Environmen[arQu�tlltjliC'8�!!I}�(�11e� N, Ny 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 APR 0 8 2019 MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination- Logan Development, Inc. - Pender County Date: January 11, 2019 Consistencv Determination: This project is consistent with the Pender County The applicant proposes to develop a new residential subdivision and associated upland marina basin adjacent to Topsail Sound. The project is located at the terminus of Factory Road, adjacent to Topsail Sound and the AIWW in Hampstead, Pender County. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Mixed Use and Conservation. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish (adjacent). The area is not a Primary Nursery area. Areas of Environmental Concern are PTA, PTS, EW, ES and CW. Pender County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Pender County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project appears to be consistent with the Pender County Comprehensive Land Use Plan Update. Cc: FILE RECEIVED APR 0 8 2019 ()CM-MHD CITY ROY (OOPI.R MICIIAEL S. RLGAN BRAXTON DAVIS November 7, 2018 MEMORANDUM: FROM Courtney Spears. Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.spearsancdenr.gov SUBJECT CAMA/Dredge & Fill Application Review Applicant: Logan Dev., Inc. / Shoals at Lea's Waterfront Project Location: end of Factory Rd., adjacent to Topsail Sound & AIWW, in Hampstead, Pander Co. Proposed Project: development of a new residential subdivision and associated upland manna basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 30, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. 52C dgooed "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. /� DECEIVED PRINT NAME l ' �a(h 6,-(,w 1 I c, APR 0 8 2019 pp AGENCY W(t � t U Vic, Lyo 'rW jy OC►N-A4/10 N RECEIVED SIGNATURE - 'g�+� JA N 0 7 2019 DATE DCM WILMINGTON, NC State of North Carolina I Eamtonnental Quality I Coastal Management 127 Cardinal onxe Ext, Wilmington,NC 28405 919 796 7215 AAH(, ROY COOPER MICHAEL S. REGAN Sea efory LINDA CULPEPPER tnrerft D&VCW NORTH CAROLINA 8"*W aw uW Quattry January 7, 2019 To: Courtney Spears, NC Division of Coastal Management From: Mark Brown, NC Public Water Supply, Wilmington Regional Office RECEIVED Subject: CAMA/Dredge & Fill Application Review APR 0 8 2019 Applicant: Logan Dev., Inc. / Shoals at Lea's Waterfront DCM-MHD CITY Project Location: end of Factory Rd., adjacent to Topsail Sound & AIWW, in Hampstead, Pander Co. Proposed Project: development of a new residential subdivision and associated upland manna basin Please forward the following comments to the applicant: If applicant plans to provide water utilities to the new facilities that meets the requirements of a Public Water System as defined in 141.80 Subpart A — General §141.2 Definitions Pubic Water System - service 25 or more people 60 days out of the year, or have 15 or more service connections. Per Title 15A Subchapter 18C Section .0301 Rules Governing Public Water Systems, Plans and Specifications should be submitted and approved by the Public Water Supply Section for all new waterlines prior to construction beginning. If connecting to an existing water supply system and extending water mains to reach the site, you will need to provide plans and specifications as well. Check with the local water system for cross -connection requirements for this project. Public Water Supply Section guidelines are listed in Appendix B, Figure 2 in the Rules Governing Public Water Systems but the water system may have additional requirements. After speaking with the applicant Logan Dev, Inc. they plan to connect onto Pender County Utilities at Factory Road. As there is an existing Public Water Supply Well onsite serving the current Lea's Waterfront MHP PWSID # NCO471109 this well will need to be properly abandoned per 15A NCAC 02C .0113 ABANDONMENT OF WELLS per the North Carolina Administrative Code Title 15A Subchapter 2C Section .0100. RECEIVED Feel free to call us at (910) 796-7215, if you have additional questions. JAN 0 7 2019 DCM WILMINGTON, NC D Q ROY COOPER rt MICHAEL S. REGAN BRAXTON DAVIS Omrnur, Divirunr nl i .., Munnprmanr November 7, 2018 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev. soears(dncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Logan Dev., Inc. / Shoals at Lea's Waterfront Project Location: end of Factory Rd., adjacent to Topsail Sound & AIWW, in Hampstead, Pander Co. Proposed Project: development of a new residential subdivision and associated upland manna basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 30, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7270 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 L� f( ` are incorporated. See af�•ached. t=fosrN �--4 stA,,... k co..�-( S of.wt. ja- PWr Q�PI cE�1 >* g A cC>�ppfojl is K2�e-sl . " This agency objf 6ts to the project for reasons described in the attached comments. PRINT NAME AGENCY RECEIVED SIGNATURE �Z Q JAN 04 2019 DATE I� �i / 2of i DCM WILMINGTON, NO RECEIVED State of North Carolina I Environmental Quality I Coastal Management APR 0 S Z 019 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DCM-MHD CITY el Spears, Courtney From: Sams, Dan Sent: Friday, January 04, 2019 3:44 PM To: Spears, Courtney Subject: RE: Shoals at Lea's Waterfront - CAMA Major Permit App Review Courtney: There is no cover letter for a signature; however, the site in question will require plan application review and approval for both the Stormwater Program and the Erosion & Sediment Control Program. Thanks.... dan.sams Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 910-796-7215 dan.sams@ncdenr.gov PC. !'Nothing Compares E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Friday, January 04, 2019 11:35 AM To: Cox, Heidi <heidi.cox@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Butler, Rodney A <Rodney. Butler@ ncdcr.gov> Subject: RE: Shoals at Lea's Waterfront - CAMA Major Permit App Review Hi all, Our 75 day date for this project is in 10 days, so please provide any comments you may have as soon as possible. I have attached the application packet for your reference —the project was originally circulated on 11/7/18. Thank you and please let me know if there are any questions, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soears(o)ncdenr.cov RECEIVED APR 0 8 2019 DCM-MHD CITY 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Thursday, December 20, 2018 2:35 PM To: Christenbury, Mike <mike.christenbury@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Maria T. Dunn (maria.dunn@ncwildlife.org) <maria.dunn@ncwildlife.org> Subject: Shoals at Lea's Waterfront - CAMA Major Permit App Review Hi all, Please let me know if you've had a chance to review the subject project. It was originally sent out via email on 11/7/18 by Shaun Simpson. If you have any questions or need additional information please don't hesitate to contact me. Our 75 day processing deadline is coming up in a few weeks so any comments you can provide would be greatly appreciated. Kind regards, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office cou rtnev. s Dea rsCa2n cd en r. aov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Spears, Courtney From: Wayman, Joy Sent: Wednesday, November 07, 2018 6:29 PM To: Spears, Courtney Subject: Logan Dev., Inc. / Shoals at Lea's Waterfront Upon Review, (78 slips in a basin & man-made canal) the State Property office has the following comment: Please confirm the property is not located within the 1000' USACE easement area. Joy Joy M. Wayman Real Property Agent State Property Office NC Department of Administration How did I do? — Click here to take a brief survey 919 807 4661 office j_oy.wayman(Ddoa. nc. aov NC Department of Administration Mail Service Center 1321 Raleigh, NC 27699-1321 af�s� ✓ NC Department of Administration ,,tee Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. NORTH CAROLINA mental QI&III v November 7. 2018 MEMORANDUM: FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 _ Fax: 910-395-3964 (Courier 04-16-33) courtnev.spears(d.)ncdenr.aov SUBJECT. CAMA/Dredge& Fill Application Review Applicant: Logan Dev., Inc. / Shoals at Lea's Waterfront RECEIVED 2019 I)CM-MHD CITY Project Location: end of Factory Rd., adjacent to Topsail Sound & AIWW, in Hampstead, Pander Co. Proposed Project: development of a new residential subdivision and associated upland marina basin Please indicate below your agency's position or viewpoint on the ro osed ro'ect and return this form to Courtney Spears at the address above by ovember 30 201 . If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7270 when appropriate,' in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAM GENE IGNATUR AT Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. -, ,.:.. w...,.�. M tl �Nl f Received: 11/13/2018 State Historic Preservation Office ROY COOPER November 7, 2018 MEMORANDUM: FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext , Wilmington, NC 28405 Fax:910-395-3964 (Courier04-16-33) courtnev spears(a^)ncdenr goy SUBJECT CAMA/Dredge & Fill Application Review Applicant: Project Location: Proposed Project: Logan Dev., Inc. / Shoals at Lea's Waterfront MICHAEL S. REGAN 1-11,,., BRAXTON DAVIS ER 18-3576 Due -- 1 ]/30/18 AICPC' �wM 121311� NC -- 1 1/13/18 CRS end of Factory Rd, adjacent to Topsail Sound & AIINW in Hampstead. Pender Co. development of a new residential subdivision and associated upland marina basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 30, 2018. tf you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested, REPLY: Ukum 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 SIGNATURE f ?��J�SJUt �unYLtA DATE 1-4 - 4 - 1 i?, swlw (\101. 1ohm bm rtnnnwmal thwlay C.M.1 M..'e.w 127 Ca,dn,aI Ihn<I i . Nllnunp,n. \l' 29405 9197%7215 RECEIVED DEC 10 2018 DCM WILMINGTON, NO RECEIVED HDu i 4 ZOf6 APR 0 8 2019 ROY COOPER 1ber 7, 2016 MICHAEL S. REOAN M, BRAXTON DAMS EAWLEn tul:•.�' I- -4 FROM° Courtney Ipeara, Assistant NCOPfl - Division of Coastal MMaanipamaritt its Coordinator 127 Cardinal Orlva lxt,, Wilmington, NO 29405 Fax: 010a396=3M4 (Cou►iarm-le.") co__�.pv 8c L_M IUSJ€CT: CAMA /grydgO & Fill Application Review Appiioant. Mogan Bev„ Ina, / Shoals at 1-ea -a Waterfront Project Location: end Of F4 fory Rd.. 000cont to Topaaii SW0d d AIWW. rn tfampsfaad. Render Co, Proposed Project: devclopmenl Of 9 new roaidantlal subdivision and 9880011 lad Np1and myna basin plea Ie indicate below year agency's position a�tum_ or vlewposnt on tho proposed project and hthis #arm to Pn..s Q at the address above by NaYOrttibor',st3, 2,01p, 11 You have any appropriate regarding the when appropriateproposed project, contact Jason Dgp at (9In) lea-727o , in-depth comments with supporting dell is requested REPLY; �s This agency has no objection to the project as proposed. Additional comments may be attached" =a This agency has no comment on the prmposad project This agency approval of the project only if the recommended changes are Incorporated, $aa attaghad. - This agency objects to the project for reasons daagnbsia in the attached Fomments. PRINT NAMR.4 AgJNCY - RECEIVED tri/) / SI(iNASIGNATURE/� APR 0 8 2019 _L� l.�'�-/�ec� DCM-MHD CITY DATE . I RECEIVED VwOrmflitka Iffd @t111FNlnkf121lJ�571111 IUAaNllrt nyq FEB 01 201' 1i't'eAml 0mv11%1-, N1Mnn(Il,rr �c.`�6,U�s 41v'v,.'1!e DCM WILMINGTON, NC ROY COOPER ' cawrrnor MICHAEL S. REGAN �+mr STEPHEN W.MURPHEY - D4rcmr MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Curt'Weychert, DMF Fisheries Resource Specialist THROUGH: Anne Deaton, DMF Habitat Assessment Coordinator SUBJECT: Final Comments on Logan Dev., Inc. J Shoals at Lea's Waterfront, Pender County DATE: January 15, 2019 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions thatimpact fish and fish habitats. The applicant is proposing to develop a 119-lot subdivision of single family homes and an associated upland marina basin within the waters of Topsail Sound, Pender County. Additionally, the applicant is proposing to install new bulkhead areas along the shoreline of the project and perform dredging along a residential shoreline in addition to the upland marina. The project is in waters classified as SA -outstanding resource waters (ORW) by the Division of Water Resources and are open to the harvest of shellfish. This area is not designated as a primary nursery area,(PNA) by the DMF, however, it likely functions as such due to the diversity of complex habitats and shallow water. The project proposes to dredge'1,769 square feet of coastal wetlands and 16,573 square feet of §404 wetlands. The project will dredge 127,400 square feet of open water, and 97,000 square feet associated with the upland basin. The proposed project will incorporate a total of 32,700 square feet of public trust waters. The DMF conducted a site visit on November 14, 2018 and was able to verify the presence of shellfish resources near the dredge footprint of proposed lots 41-49. Large oyster reefs were present in four different locations near the proposed dredge area. The developed shoreline had fringing coastal wetlands intermixed with intertidal oysters. Oysters also occurred along the shoreline of the existing basin. Submerged aquatic vegetation (SAV) occurs on the southeast and possibly northwest side of the marsh islands adjacent to the developed shoreline. Shell bottom is an extremely productive self -building three-dimensional habitat that can be impacted directly and indirectly through dredging and filling, pollution and other contaminants. This vital estuarine habitat is very limited in North Carolina, and substantial effort has been invested by the state of North Carolina to protect and restore shellfish habitat Shellfish habitat is defined as the presence of live shellfish that historically or currently survive due to favorable conditions (15A NCAC 031.0101 (4)(0). Coastal wetlands are considered among the most productive ecosystems in the world (NCDEQ 2015). Coastal•wetiands are a productive detritus based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. Recent research indicates that even narrow fringes of wetlands are essential for fish utilization and erosion control (Whaley and Minello 2002; MacRae and Cowan - - State of North CaroRna I Dh simt ofMorirre nsherles - - 3441 ArendeB Street I P.O. Box .7691 Morehead MY. North Carobn128S57 252-726-7021 2010; Minello et al. 2011; Gewant and Bollens 2012). An estimated 95% of commercial finfish and shellfish species in the US are wetland dependent (Feierabend and Zelany 1987). Species common to coastal wetlands include sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and penaeid shrimp; with a myriad of prey species as well. Wetlands can enhance foraging functions of adjacent habitats. The mosaic of wetlands, oyster reefs, and shallow soft bottom habitat together support a high diversity of fish and shellfish, and filter water, enhancing conditions for SAV growth in the vicinity. Proposed lots 41-49 and the Assoclat9d Dredge Area: Dredging of the channel along proposed lots 41-49 was not discussed at the July 27, 2018 scoping meeting, so DMF concerns on this component of the project were not discussed. The DMF has serious concerns with dredging along the shoreline of the proposed lots 41-49 due to adverse impacts to fish habitat diversity and function in and near the dredge footprint. (fdredging is authorized, a shellfish survey will need to be completed to identify any potential impacts which would affect the shellfish resources near the dredge footprint Since aerial imagery indicates that submerged aquatic vegetation (SAV) is present in this area, the DMF would also require that an SAVsurvey be conducted. The survey should be completed during the growing season ofApril through October. Shoreline Stabilization: The applicant is also proposing to install a bulkhead wing wall along lots 49 and 50. The shoreline does not show signs of erosion based on historical imagery and site visit characteristics. The wing wall bulkhead will be connected to a proposed bulkhead. The applicant stated at the scoping meeting that efforts would be made to incorporate living shorelines to mitigate the impacts associated with this project. The project area is protected by damaging wave and boat wake from the Atlantic Intracoastal Waterway (AIWW) by marsh islands, and the relatively narrow waters of the canals do not allow a large area of fetch to cause wind and wave damage. Many times, the installation of a vertical structure landward of existing coastal wetlands will cause the loss of wetland habitat due to wave refraction and scour. The particular area already has a combination of coastal wetlands and shellfish protecting and consolidating the shoreline. While the applicant has indicated that they will mitigate the impacts to coastal wetlands through mitigation, minimization and avoidance must be addressed prior to considering mitigative measures. Maintaining wetlands and other natural vegetation along the shoreline can reduce stormwater runoff that can degrade water quality. The DMF would ask that the applicant investigate and provide a non -vertical alternative such as a marsh toe revetment or marsh plantings. Marina Basin and Canal Area: All dredge activities should follow established best management practices to prevent sedimentation and erosion. The resuspension of sediment can create an increase in turbidity that larvae, juveniles, and especially filter feeding species, can be acutely susceptible. An increase in suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and other sessile fauna and flora. Elevated water temperatures reduce dissolved oxygen (DO) concentrations, making the potential for hypoxic conditions from increased turbidity a major concern, even if sediment booms are utilized. If the dredging of the access canal cannot be contained with a turbidity curtain, DMF would request a moratorium on in -water work, to include dredging, from 1 April to 30 September, to reduce the negative effects on critical fish life historyfunctions such as spawning and juvenile rearing. Compliance with the dredge moratorium should remain in place in perpetuity for all maintenance dredging that should occur unless turbidity curtains can be implemented. RECEIVED RECEIVED State of North Carolina I DlvWm of q 3441 Armdell Street i P.D. Box 769 Moreh�j?�t d ma2ess7 DCI1i1 WILMINGTON, NC 252-726-7021 V 77 Cumulative Imnacr'Concerns: Cumulative impact'is commorilydefined as the'impact on'the:envif onment that resulfs from the incremental effects.of a particular act when added to other acts:over a longer timeframe. Though theparticular. actior-impact may+be.minor by itself, when :addedto past, present an&future?impacts the-effect•can besignificantwhenviewed collectively overtime. it -is the divisioh'shiological i opinion -that combination of'proposed+activities will collectively have a significant adverse 7. impact on:the ecological:condition of the;area. ; This project will convert 48 acres of forested land to developmentandremove wetlandsvia dredging, filling;,and shoreltne stabilization, ill:of which can adverselyimpact water•qualityStudles have shown that degradation of water quality and aquatic habitat occurs.when imperviouscoyer reaches as�little as,10% ('Arnolds and Gibbons 1996; Barnes et al. 2001; Beach 2002; Mallin et al. 2000; Schueler 1994): •Asvegetated areas are replaced',with built upon, areas; -the Ability of;land to ' absorb storm water runoff is redticed. This results.in•increased sedimentation,of aquatic habitat, reduced water quality.through increased nutrient'loading such as phosphates,.s-urfactants, fecal bacteria, chlorine,,nitrates, nitrates, andsuspended sediments (NCDEQ:20161 Increased peak stormwater runoff can also experience rapid salinity changes: Increased sedimentation, degraded water quality and clanty all pose a serious concern:to:fish, fish habitat, shellfish, and SAV's in the project vicinity: The division has serious concerns that the increase in stormwater runoff from the development and shoreline stabilization, in addition,to•the marina will lead to increased`.bacterial' contamination overtime and a closure of open shellfish harvest waters. There is substantial oyster reef habitat just outside the proposed entrance channel that would likely be affected by any harvest closure. Dredging of the channels and marina -basin will -permanently alter over 187,414.square feet of -existing soft bottoni_habitat When waters. are.deepened,close to the shoreline,predator protection is abated, primary and secondary production of the benthic habitat.is reduced•(Wendt et al. .sediment characteristics are altered, and fish species are at greater risk to exposure from degraded- . - water quality conditions, particularly poorly flushed waterbddies such as enclosed marinas (NCDEQ 2016). The additional•dredging of 31,120 square feet of shallow bottom in the•area adjacent to'llots #41-49, in addition to the other dredging and shoreline stabilization, has potential to cause significant cumulative adverse impacts. The proposed estuarine shoreline stabilization will alter the bathymetry and hydrodynamics of the adjacent bottom, with potentially adverse effects on shallow nursery and'wetland'habitats. Such structures can'increase reflective wave energy, causing scouring at the toe of bulkheads, eroding adjacent shorelines, and deepening adjacentwater, thus reducing or eliminating wetland vegetation and shallow subtidal habitat, and increasing risk to juvenile fish-from.predators (Berman et al. 2007;'Bozek'and Burdick-2005;'•Riggs 2001; Rozas 1987). Marshwegetati'on waterward of bulkheads has been shown to experience up to 63% mortality post -construction due to stress from increased turbulence and scour (Garbisch et al.1973). Additionally, the increased wave energy ,from boats utilizing a 75-slip marina will cause further impacts to the shoreline in the project vicinity. The bottom immediately along the edge.of the existing basin is shallow with oysters present Benthic productivity would likely be impacted by'the dredging.. -Minimization and Avoidance Measures Dueto the cumulative.impacts expected from this project, the division objects to the permit application as proposed unless additional minimization and avoidance measures are taken. The division. offers the following suggestions to achieve this. 1) -Remove the proposed.dredging along the open shoreline (lots 41-49). State of Nonh CaroMe 1. DlYNIon of Madne nshedes 7441 Arendell Street I P.O.Bo%769I Morehead CAty,North Carollm28557 - 252-726-7021 - 2) Reduce proposed shoreline hardening by using non -vertical stabilization along the open southeast shoreline. Natural methods, such as planted vegetation or reef construction, are considered to have the least adverse impact, while vertical structures are generally considered to have the greatest impact (DCM 2006). In a scoping meeting held on July 27, 2018, both the United States Army Corps of Engineers (USACE) and at that time the DCM Fisheries Resource Specialist stated that they would prefer to see the incorporation of living shorelines to minimize the impacts of the project and the USACE even mentioned the possibility of its use for mitigating wetland impacts associated with this project The final application doesn't mention any attempt to incorporate the use of living shorelines or alternatives to vertical bulkheads in the narrative. The DMF would strongly encourage the investigation and addition of alternative shoreline stabilization methods other than the proposed 2,800 linear feet of new sheet pile bulkhead. This could offset impacts from habitat loss and water quality degradation 3) Restrict docks along the open shoreline (lots 41-49) to observation platforms and eliminate dredging along the shoreline. The DMF recommends a deed restriction be placed on lots 41- 49 which would prevent the permitting of any water -dependent structures (observation platforms only) to minimize future impacts to the project area. Restricting boat dockage along this shoreline will not only remove the need to dredge but will aid in preventing further impacts to the nearby fisheries resources. Dredging, boat traffic, shading impacts, storm water runoff, and upland development in this area all have the potential to negatively impact the habitat function. This deed restriction will aid in minimizing overall impacts and avoiding additional impacts in this area specifically. This area provides high quality nursery and foraging habitat because of the combination of shallow soft bottom, fringing coastal marsh and oysters as well as SAV and subtidal shell habitat. While the proposed project would reduce the existing number of water dependent structures along the proposed lots #41-49 from the current 15 to a proposed 9, it should be noted that the creation of an access channel would create an additional 7 lots which have the potential to add docking facilities where there are currently only 2. Furthermore, the need to maintain these docks in addition to the 75 slips proposed in the marina basin, does not demonstrate any minimization. The division also supports any additional deed restrictions suggested by DMF's Shellfish Sanitation Section to prevent a closure of waters currently open to the harvest of shellfish. 4) In lieu of #3, restrict docks along the open shoreline (lots 41-49) to fixed platforms only. Additionally, condition stops at 18" above the substrate for any boatlifts. This would eliminate the need for dredging and also prevent any bottom impacts from floating structures. 5) To compensate for the loss of docking along the shoreline, the applicant could include a boat ramp within the upland basin. 6) Condition the permit so that future maintenance dredging be conducted during the October - March dredging window unless turbidity curtains are used. Literature Cited Arnolds, C. L., and C. J. Gibbons. 1996, Impervious surface coverage - the emergence of a key environmental indicator. Journal of the American Planning Association 62:243-258. Barnes, K B., J. M. M. III, and M. C. Roberge. 2001. Impervious surfaces and the quality of natural and built environments. Department of Geography and Environmental Planning, Towson University, Baltimore, Md. Beach, D. 2002. Coastal sprawl: the effects of urban design on aquatic ecosystems in the United States. Pew Oceans Commission, Arlington, VA. 4FCP_NVFV Berman, M., H. Berquist, J. Herman, and K. Nunez. 2007. The Stability of Living Shorelines - An Evaluation. Center for Coastal Resources Management, Virginia Institute of Marine Science, Gloucester Point, VA. REC;E ED State of North Carolina i DI a 7hes � � OCM WILMINGTON, NO 3441 Arendell Street I P.O. Box 769 j d Noah roina 28557 252-726-7021 d �r f l` Boswell, K.M., Wilson, M.P., MacRae, P.S., Wilson, C.A. and Cowan Jr, J.H;,,2010. Seasonal estimates of fish biomass and length distributions using acoustics and traditional nets to identify estuarine habitat preferences in Barataria Bay, Louisiana. Marine and Coastal Fisheries, 2(1), pp•83-97. Bozek, C. M, and D. M. Burdick. 2005. Impacts of seawalls,on saltmarsh plant communitiesin the Great Bay Estuary, New Hampshire USA. Wetlands Ecology and Management 13:SS3-568. Feierabend, J.S. and Zelazny, J.M.,1987, Status report on our nation's wetlands. National Wildlife Federation. Garbisch, E. W., P. B. Woller, W. J. Bastian, and: R. J. McCallum.1973. Biotic techniques for shore stabilization. Pages 405-407 in L. E. C. (ed.), editor. Estuarine Research, volume II. Academic Press Inc„ NewYork,NY. Gewant, D. and Bollens, S.M., 2012. Fish assemblages of interior tidal marsh channels in relation to environmental variables in the upper SanFrancisco Estuary. Environmental biology of fishes, 94(2), pp.483-499. Mallin, M. A., K. E. Williams, EX. Esham, and R. P. Lowe..2000, Effect of human development on bacteriological water quality incoastal watersheds. Ecological, Applications 10(4):1047- 1056. Minello, T.J., Rozas, L.P. and Baker, R, 2012. Geographic variability in salt marsh flooding patterns may affect nursery value for fishery species. Estuaries and Coasts, 35(2), pp.501-514. NCDEQ (North Carolina Department of Environmental Quality) 2016. North Carolina Coastal Habitat Protection Plan Source Document. Morehead City, NC. Division of Marine Fisheries. 477 p. Riggs,S. R. 2001. Shoreline Erosion in North Carolina estuaries. North Carolina Sea Grant, Raleigh, NC. Rozas, L. P.1987. Submerged plant beds and tidal freshwater marshes: nekton community structure and interactions. Doctoral` dissertation, University of Virginia, Charlottesville, VA. Schueler, T. R.1994. The importance of imperviousness. Watershed Protection Techniques 1(3):100-111. Wendt, P. H., R. F. V. Dolah, M. Y. Bobo, and J. J. Manzi.1990. Effects' of marina proximity on certain aspects of the biology of oysters and other benthicmacrofauna in a South Carolina estuary. South Carolina Wildlife and Marine Resources Department; Charleston, SC. Whaley, S.D. and Minello, T.J., 2002. The distribution of benthic infauna of a Texas salt marsh in relation to the marsh edge. Wetlands, 22(4), pp,753-766. Contact Curt'Weychert at (252) 808-8050 or Curt.W y hartna nrdanrg9Y with further questions or concerns. r - State ofNorth Carolina I Division of Marine Fisheries 3431 Arendell Street I P.O. Box 769 1 Morehead CBy. North C arena 28W 252-726-7021 Mr( Spears, Courtney From: Weychert, Curtis R Sent: Wednesday, March 20, 2019 2:24 PM To: Spears, Courtney Cc: Deaton, Anne; Huggett, Doug Subject: RE: lea marina Courtney, in response to the minimization and avoidance measures that LMG provided on February 19, 2019, DMF has the following comments: • DMF still requests that the proposed dredging of the "northern channel" be removed from the current proposed project. The applicant has proposed to reduce the depth from -6' mlw to 4 mlw. The applicant also provided recent depth profiles of the template area and the current depths already range from -4' to -3'. The applicant states that the intent of the proposed dredging is to maintain the channel, however, DMF would argue that -3' to 4 mlw is sufficient depth for the types of vessels that have historically used these waters. Additionally, the applicant also stated that the reduction of the footprint and depth follows the previously permitted dimensions. DMF would argue that the previously dredged area has not changed significantly since the last maintenance dredging. If a navigation channel has not showed signs of significant shoaling and is still able to maintain the intended navigation, the proposed dredging would be considered unnecessarily negatively impactful to the soft bottom habitat. In response to the applicant's statement that aerial photographs show no signs of shellfish or SAV in the area immediately adjacent to the dredge cut, DMF would argue that there is a significant presence of oyster resource within the proposed dredge area of direct and indirect impact based on site visits performed in the winter of 2018. Lastly, because there aren't currently any proposed boat -dependent structures being developed within lots 41-49, preemptive dredging would also be viewed as unnecessarily impactful. • DMF has no objection to the proposed changes with the riprap slope. • DMF maintains the recommendation to implement fixed platforms along lots 41-49, however does not see a need to restrict deeds because DMF will likely have the opportunity to comment on future development. It should be noted that the applicant states that "limitations on floating docks and the need for lift slip stops 18" above the substrate are related to shallower waters that are classified as Primary Nursery Area (PNA)" is not a policy that DMF is aware of at this time. Fixed structures and lift stops are ways of avoiding impacts to any fisheries habitat, regardless of formal designation. It should also be noted that the deed restrictions that were required by the shellfish sanitation section of DMF are not viewed as a minimization effort, but rather a requirement to ensure that the proposed development does not cause any additional closed areas in currently approved shellfish waters. • DMF has no comment on the aesthetic detriment that would be caused by trailered boats. DMF still maintains the recommendation of an in -water work moratorium. The applicant proposed the use of turbidity curtains if the work is to occur outside of the October -March dredge window. Turbidity curtains are a measure for minimization of impacts. DMF prefers to first avoid impacts by use of moratoriums. From: Spears, Courtney Sent: Wednesday, March 20, 2019 1:25 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: RE: lea marina RECEIVED APR 0 8 2019 DCM-MHD CITY Yeah, because you also said you were ok with some parts of what they proposed — but I want to be clear on which parts. Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev. spears(ancdenr. oov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weychert, Curtis R Sent: Wednesday, March 20, 2019 1:24 PM To: Spears, Courtney <courtnev.spears@ncdenr.gov> Subject: RE: lea marina Do you need formal comments reflecting that? From: Spears, Courtney Sent: Wednesday, March 20, 2019 124 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.eov> Subject: RE: lea marina Remember when we talked about the fad that NMFS was ok with the proposed changes that LMG made, but you said DMF would still object to the dredging along the shoreline? Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.spears(o ncdenr.00v 127 Cardinal Drive Ext. Wilmington, NC 28405 . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. µKG ROY COOPER MICHAELS.REGAN BRAX'I'ON DAVIS November 7. 2018 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) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Logan Dev., Inc. /Shoats at Lea's Waterfront Project Location: end of Factory Rd., adjacent to Topsail Sound & A/WW, in Hampstead, Pander Co. Proposed Project: development of a new residential subdivision and associated upland marina basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 30, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. I ` A�icw "Additional comments may be attached" 4(-� l{ �1 Ivt � 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 In `Q�t ✓t G ✓t �.J � kr" S AGENCY /UC 7>11 T - IL, l i e DATE a v I i i RECEIVED 140L-1 J eI RECEIVED NOV 3 0 2018 Sine ofNoAh Card= I Fmironmental Q"ity i Cowlal Manage DCM WILMINGTON, NC 127Car&W DriW Fx . Wilminglm, NC 7$ P ff"T IAO ROY COOPER Gmerno; MICHAEL S. REGAN Sraeror}. STEPHEN W.MURPHEY nrt November 30, 2018 MEMORANDUM TO: Courtney Spears, Assistant Major Permits Processing Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive, Ext., Wilmington, NC 28405 From: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Logan Dev., Inc. /Shoals at Lea's Waterfront Project Location: end of Factory Rd., adjacent to Topsail Sound & AIWW, in Hampstead, Pender Co. Proposed Project: development of a new residential subdivision and associated upland marina basin The proposed upland basin marina will be constructed adjacent to shellfishing waters that are currently classified as Conditionally Approved Open. Any closure of these waters due to the proposed project can be avoided provided that certain conditions are met: 1) There cannot be more than 75 slips within the upland basin marina. 2) There must be at least 200 feet of separation between any slips in the marina basin and any slips in the entrance canal. 3) There must be 10 slips or less within the entrance canal, including those already present on the adjacent properties to the southwest. 4) There must be a minimum of 325' from the first slip in the basin to the existing open shellfishing waters in Lea Canal. These conditions have been addressed in the documentation provided by the applicant's agent and can be found in DCM MP-1 Section 6.0 Additional Information, 6.1 RECEIVED RECENM NOV 3 0 2018 0 8 2019 -' - "Nothing Compares_—... Slate of North Carolina Divisional Marine Fisheries DCM WILMINGTON, NO DCM-MHD CITY 3441 Arendell Street P.O. Box 70 ; Morehead Coy. North Carolina 265' 252-726-7021 Section 6. a. Project Narrative. Provided that these parameters are attainable and properly implemented, a closure of open shellfishing waters can be avoided. RECEIVED NOV 3 0 2018 OCM WILMWWW x; RECEIVED !`-"Nothing Compares,,_ APR 0 8 2019 State of North Carolina I Division of Marine Fisheries 344l Arendeil Street 1 P.O. Box 769 I Morehead aty. North Carolina 28557 252-726-7021 DC M-M H D CITY ROV COOPER MICHAEL S. RCCiAN BRAX'rON DAVIS' Iber 7, 2010 RRCM: Cguriney Spears, Assistant Major P@rmlts CoordinatorNCDO'Q - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 20406 Pax, 010-300.3004 (CourierOA=9A•3J) Co dnag 000" 9(tfl11CtlA1nr nn SUSJftCT LAMA/Drodpe9Fill Appllc@tionReview Applicant: 499an Cav„ Ing, / Shoals at Lea "a Waterfront Project Location: end Of F00011Y!Wd„ @(Vacant to Topsail ,Sound d AIWW, in Hampstead, Pander CO, Proposed Project; (uv@lopmont of a new r@sid@ntlai subdiviat0n and 0600014ted upland m@rn)0 4081n plo0s@ indicate below your ag"Wili Position or viewpoint on the ro geed M act and return this corm to en. ,r . 0e____ st the address above by h@ve any quostions regarding the Proposed Projoot, contact Jason a @t ( 70lI you wh@n appropriate, in=depth ®ommonts with supporting data is requestod. REPLY; This agency has no objection to the pro)@ct as proposed. "Additional oommonts may be 011@ohsd" This agency has no commont on the Proposed project. This agency approves of in@ project only if the recommended chang es are lncgrPgrated. Ace attached, This agency gbI#Ct@ to the project for reasons 0100nbed in the @lt@chcd comments, PRINT NAMI3-4i"_ �>�� �F, l @Lib IN N!NIIICAFIIAM I':A11AA!111lllldl l)ANIII) l'vN.NxI AIJIkgY111p!A Izr�!�A�ImIp1:,1..��,lAu,w,Nrnciluls vi�r�x,=n) RECEIVED APR 0 8 2019 DCM-MHD CITY RECEIVED NOV 21 DCM WILMINGTOkii, IdC i � i} ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DMF Fisheries Resource Specialistfuv/ THROUGH: Anne Deaton, DMF Habitat Assessment Coordinator SUBJECT: Logan Dev., Inc. / Shoals at Lea's Waterfront, Pender County DATE: November 15, 2018 RECEIVED APR 0 S 2019 DCM-MHD CITY A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to develop a 119-lot subdivision of single family homes and an associated upland marina basin within the waters of Topsail Sound, Pender County. Additionally, the applicant is proposing to install new bulkhead areas along the shoreline of the project and perform dredging along a residential shoreline in addition to the upland marina. The project is in waters classified as SA -outstanding resource waters (ORW) by the Division of Water Resources and are open to the harvest of shellfish. This area is not designated as a primary nursery area (PNA) by the DMF, however, it likely functions as such. The project proposes to dredge 1,769 square feet of coastal wetlands and 16,573 square feet of §404 wetlands. The project will dredge 127,400 square feet of open water, and 97,000 square feet associated with the upland basin. The end result of the proposed project will incorporate 32,700 square feet of public trust waters. The DMF conducted a site visit on November 14, 2018 and was able to verify the presence of shellfish resources near the dredge footprint of proposed lots 41-49. Large oyster reefs were present in 4 different locations near the proposed dredge area and the developed shoreline had some coastal wetlands with the substrate marked by intertidal oysters. Shell bottom is an extremely productive self -building three-dimensional habitat that can be impacted long term through dredging and filling, pollution and other contaminants. This vital estuarine habitat is very limited in North Carolina, and restoration and conservation of shellfish habitat is at the forefront. The presence of live shellfish that historically or currently survive due to favorable conditions is considered shellfish habitat. Coastal wetlands are considered among the most productive ecosystems in the world (NCDEQ 2015). Coastal wetlands are a productive detritus_ based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to Flood damage, and provide nursery functions and support fish production. Recent research indicates that even narrow fringes of wetlands are essential factors for fish utilization and erosion control (Whaley and Minello 2002; MacRae and Cowan 2010; Minello et al. 2011; Gewant and Bollens 2012). An estimated 95% of commercial finfish and shellfish species in the US are wetland dependent (Feierabend and Zelany 1987). Species common to coastal wetlands include RIV" RECENlD ECE ��"Nothing Compares...-NOV NOV 9.1 ' State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 DCM WILMINGTON, NC 252-726-7021 DCM WILMINGTON, NC 01 sheepshead, red drum, Flounder, spot, Atlantic croaker, menhaden, oysters and penaeid shrimp; with a myriad of prey species as well. Wetlands can enhance foraging functions of adjacent habitats, which is why primary (PNA) and secondary (SNA) nursery habitats are closely linked"LrEJVED coastal wetlands. In addition, these wetlands are important to waterfowl feeding and nesting activities. rrr r I r r.T, r r o -r, APR 0 8 2019 DCM-MHD CITY There was a scoping meeting held on July 27, 2018 and dredging of the channel along proposed lots 41-49 was not discussed. There was only one mention of it in the narrative of the scoping meeting documents. Because of the habitat diversity, function, and nearby impacts associated with this project, the DMF objects to dredging the shallow waters along the proposed lots 41.49 due to significant adverse impacts to fish habitat resources, and requests that DCM not permit these proposed actions. If dredging is to be done through DCM permit or Coastal Resource Commission (CRC) variance process, a shellfish survey will need to be completed to identify any potential impacts which would affect the shellfish resources near the dredge footprint. There is also aerial imagery indicating that submerged aquatic vegetation (SAV) is present in this area. The DMF would also require that an SAV survey be conducted. The survey should be completed during the growing season of April through October. The DMF would also like to request that a deed restriction be placed on lots 41-49 which would prevent the permitting of any water -dependent structures (observation platforms only). These restrictions are an attempt to minimize the damages to fisheries habitats because of the proposed development. Restricting boat access and dockage along this shoreline will not only remove the need to dredge, but it will aid in preventing further impacts to the nearby fisheries resources. Dredging, boat traffic, shading impacts, storm water runoff, and upland development in this area all have the potential to negatively impact the habitat function; this deed restriction will aid in minimizing overall impacts and avoiding additional impacts in this area specifically. While it is not designated as a PNA, this area functions as one because of the combination of shallow soft bottom, fringing coastal marsh and oysters as well as SAV and subtidal shell habitat. The position of Fisheries Resource Specialist would defer to any additional deed restrictions suggested by DMF's Shellfish Sanitation Section to prevent a closure of waters open to the harvest of shellfish. K"UMIMwTaillt The applicant is also proposing to install a bulkhead wing wall along lots 49 and 50. The shoreline does not show signs of erosion based on historical imagery and site visit characteristics. The wing wall bulkhead will be connected to a proposed bulkhead. The applicant stated at the scoping meeting that efforts would be made to incorporate living shorelines to mitigate the impacts associated with this project. The project area is protected by damaging wave and boat wake from the Atlantic Intracoastal Waterway (AIWW) by marsh islands, and the relatively narrow waters of the canals do not allow a large area of fetch to cause wind and wave damage. Many times, the installation of a vertical structure landward of existing coastal wetlands will cause the loss of wetland habitat due to wave refraction and scour. The particular area already has a combination of coastal wetlands and shellfish protecting and consolidating the shoreline. While the applicant has indicated that they will mitigate the impacts to coastal wetlands through mitigation, it is the position of the DMF that minimization and avoidance should be implemented instead of mitigative measures. Maintaining wetlands and other natural vegetation along the shoreline can reduce stormwater runoff that can degrade water quality. The DMF would ask that the applicant investigate and provide a non -vertical alternative such as a marsh toe revetment. RECENO Nothing Compares NOV 2 J 2313 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 DCM WILMINGTON, NC Mt Marina Basin and Canal Area: All dredge activities should follow established best management practices to prevent sedimentation and erosion. The resuspension of sediment can create an increase in turbidity that larvae, juveniles, and especially filter feeding species, can be acutely susceptible. An increase in suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and other sessile fauna and Flora. Elevated water temperatures reduce dissolved oxygen (DO) concentrations, making the potential for a DO crash from increased turbidity a major concern, even if sediment booms are utilized. If the dredging of the access canal cannot be contained with a turbidity curtain, DMF would request a moratorium on in -water work, to include dredging, from 1 April to 30 September, to reduce the negative effects on critical fish life history functions such as spawning and juvenile rearing. This moratorium should remain in place in perpetuity for all maintenance dredging that should occur. The DMF would request that any dredging related to the "channel maintenance" leading to the AIWW to have a moratorium conditioned as well unless turbidity curtains can be implemented. In summary the division objects to the permit application, specifically the new dredging along the open shoreline, unless the recommended changes are implemented. Boswell, K.M., Wilson, M.P., MacRae, P.S., Wilson, C.A. and Cowan Jr, J.H., 2010. Seasonal estimates of fish biomass and length distributions using acoustics and traditional nets to identify estuarine habitat preferences in Barataria Bay, Louisiana. Marine and Coastal Fisheries, 2(1), pp.83-97. Feierabend, J.S. and Zelazny, J.M., 1987. Status report on our nation's wetlands. National Wildlife Federation. Gewant, D. and Bollens, S.M., 2012. Fish assemblages of interior tidal marsh channels in relation to environmental variables in the upper San Francisco Estuary. Environmental biology of fishes, 94(2), pp.483-499. Minello, T.J., Rozas, L.P. and Baker, R., 2012. Geographic variability in salt marsh flooding patterns may affect nursery value for fishery species. Estuaries and Coasts, 3S(2), pp.501-514. NCDEQ (North Carolina Department of Environmental Quality) 2016. North Carolina Coastal Habitat Protection Plan Source Document. Morehead City, NC. Division of Marine Fisheries. 477 p. Whaley, S.D. and Minello, T.J., 2002, The distribution of benthic infauna of a Texas salt marsh in relation to the marsh edge. Wetlands, 22(4), pp.753-766. Contact Curt Weychert at (252) 808-8050 or Curt.Weychert(@ncdenr.gov with further questions or concerns. RECEIVED DCM-MHD CITY RECEIVED"' NOV 9, 1 2C?8 DCM WILMINGTON, NC Nothing Compares� State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 .r,;•� C! Spears, Courtney From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, November 29, 2018 4:35 PM To: Spears, Courtney Cc: Dail, Jason; Greer, Emily C CIV USARMY CESAW (US) Subject: [External) Lea Marina/Logan Development/Hampstead CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spa m.<mailto:report.spam@nc.gov> Courtney, This email is to notify you that the Corps will be processing the following project through the PGP 291 process: Corps Action ID: SAW-2018-01501 Project Name: Shoals at Lea Waterfront/Lea Marina County: Pender Please note that Ms. Emily Greer will be managing this project. The agency notice will go out shortly. Please let me know if you have any questions. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 RECEIVED APR 0 8 2019 DCM-MHD CITY 0.N" Spears, Courtne From: Greer, Emily C CIV USARMY CESAW (US) <Emily.C.Greer@usace.army.mil> Sent: Friday, January 04, 2019 5:12 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, J 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; Higgins, Karen; Mairs, Robb L; Dail, Jason Subject: [External] CAMA Major/GP 291/SAW-2018-01501/Shoals at Lea's Marina (UNCLASSIFIED) Attachments: BIO.pdf; CAMA Application -Shoals At LW-2018-10-30.pdf; site location_plans.pdf; eSAW-2018-01501_Logan_Shoals at Lea's Waterfront_PN.pdf, Goog IeEa rth_P lacemark. kmz CAUTION: External email. Do not click links or open attachments unless you verified. Send all suspicious email as an attachment to report.Spam@nc.gov<mailto: repo rt.spam@nc.gov> CLASSIFICATION: UNCLASSIFIED All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by February 4, 2019. The proposed construction site is located on an undeveloped parcel between Factory Road and Majestic Oaks Road, within waters adjacent to the AIWW, in Hampstead, Fender County, North Carolina. Coordinates are 34.358765 N, - 77.694610 W. The applicant proposes to construct a residential subdivision,, which includes standard associated infrastructure, such as roads, stormwater facilities, and utilities, a clubhouse, an upland basin with a 75-slip marina, channel dredging, and bulkheading of the north side of the canal shoreline and around the new marina entrance channel and marina basin. Specifically, the project proposes to permanently impact 0.49-acre of wetland (including, 0.04-acre of coastal wetland excavation), 29 linear feet of perennial stream channel, and 69 linear feet of relatively -permanent waters and temporarily fill 0.026-acre of wetlands and 12 linear feet of perennial stream channel. According to the application, existing water depths within the project area range from -3' to -20' MLW. The existing canal is approximately 70-90' wide and 300 linear feet. The upland basin and new entrance channel will be excavated from high ground to a final depth of -6' MLW, and the material will be stockpiled in onsite uplands for further use. The open water dredging proposal is to excavate by hydraulic dredge to a final depth of 4 NLW with pipeline pumping of the excavated material to the open basin for settling prior to connecting the basin to the open water. Channel bottom widths will be approximately 40' in the open water and widen up to 92' between the bulkheads lining the entrance channel to the basin. Based on the information provided on page 1 of the MP-2 form, approximately 8,638 cubic yards of material would be removed from below NHW/NWL and approximately 126,081 cubic yards will be removed from high ground areas. No SAV was observed in the project area. RECEIVED APR 0 8 2019 DCM-MHD CITY To avoid shellfishing closure within open waters, the marina will be positioned 325' from current open shellfishing waters in the upper end of the existing canal to the first slip in the basin. Additionally, deed restrictions will not permit boat slips within a measured distance of 200' from the first boat slip in the marina. Road crossings within jurisdictional wetlands will require the installation of four, 36" RCP culverts resulting in a total of 10,080 square feet of fill and one, 60' RCP culvert, which requires 6,000 square feet of fill. The project is adjacent to and occurs within the Corps Federal Channel. According to project plans, channel dredging will encroach into the federal channel. Compensatory mitigation is proposed with the Northeast Cape Fear Umbrella Mitigation Bank. Please see the attached field investigation report /application and plans for more detailed information concerning the proposed project. Google Earth .kmz files are attached for reference. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Impacts are expected to be minimal due to the temporary nature of sedimentation impacts during channel dredging. The waters within the project area are NOT designated as PNA, are classified as SA with ORW located further offshore, and are OPEN to shellfishing. According to the application, SAV is not present within the project area. Average water depths within the project area ranges from -3' MLW to -20' MLW. 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 will affect, but not likely 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 note that due to the current lapse in funding for other Federal agencies that may have an interest in commenting on the proposed action, the District Engineer (DE) may extend the comment period to allow such agencies to comment so that the required Public Interest Review can be completed. In cases where the proposed action may effect a listed species or a species proposed for listing, the DE will be unable to make a final decision on the proposed action until the requirements of the Endangered Species Act have been satisfied.*** Please contact me if you have any questions and please provide comments as soon as you can, or by February 4, 2019. Emily Greer, Regulatory Specialist Wilmington District - Wilmington Regulatory Field Office 69 Darlington Avenue, Wilmington, NC 28403 910.251.4567 (o) ov I November 9, 2018 Jason Dail N.C. Department Environmental Quality Division of Coastal Management 127 Cardinal Dr. Extension Wilmington, N.C. 28405 Dear Sir, I am the adjoining landowner to the proposed Waters at Lea Island subdivision in Hampstead, N.C. I am expressing my objection to the location of the sewage pumping station that is close to my property. My objection is twofold: It is too close to the Intracoastal Waterway and it is too close to my property. Currently, this area is a pristine part of Pender County. In New Hanover County, there have been numerous pumping station accidents that have dumped thousands of gallons of sewage into Hewlett's Creek. This has impacted both sea life and recreational activities. I do not want this to happen to the beautiful waterway area in Hampstead. Thank you for considering this matter. I can be contacted at 910-612-9120 or at 7231 Masonboro Sound Rd, Wilmington, N.C. 28409. Sincerely. Zl� rr �_ � � vr+ Elii�zabt3ethh Avery Godwin RECEIVED APR 0 8 2019 RECEIVED OCM WILMINGTON, NC NOV 13 2G18 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Elizabeth Avery Godwin 7231 Masonboro Sound Road Wilmington, NC 28409 Dear Ms. Godwin: NORTH CAROUNA Envina nw0al Quality November 19, 2018 Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit application submitted Logan Development Inc., in which permission was requested to construct a new boat basin, marina, and subdivision adjacent to your property located in Hampstead, North Carolina. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. Your comments will be added to the official permit application file for this project. Please feel free to contact me by phone at (910) 796-7426, or email at courtney.spears@ncdenr.gov if you should have any additional concerns relating to this project. cc: WiRO file MHC file Sincerely, urtneyl Major Permits Coordinator RECEIVED 9V�'APR 0 8 2019 "�DCM-MHD CITY North Carolina Department of Environmental Quality I Dlviston of Coastal Management Wihntngton Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SENT VIA EMAIL Land Management Group, Inc. c/o Steve Morrison smorrisonOlm oup.net Dear Sir: M0` NORTH CAROLINA Envlron enm/Quality January 11, 2019 This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of Logan Development Inc. c/o D Logan to undertake development activities on property along Factory Road, in Hampstead, Pender 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 March 30, 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). cc: WiRO file MHC file A. Spears Major Permits Coordinator RECEIVED hD Q�� APR 0 8 2019 North Carolina Departmentof Environmental Quality I Division of Coastal Management aC;M-MHD CITY Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 2a405 910.796.7215 Ault t Spears, Courtney From: Mairs, Robb L Sent: Friday, January 11, 2019 3:50 PM To: Greg Finch Cc: Spears, Courtney Subject: Shoals at Lea's Waterfront DWR #2018-1527 Hey Greg, This follows our phone conversation this afternoon. As discussed, we have placed this application on -hold until the US Army Corps of Engineers completes their 291 process, which went out on 1/4/2019. Thanks and feel free to let me know if you need any further assistance. Robb Maim Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb. mairs(o)ncdenr. gov https://deo. nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- ermits 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED APR 0 8 2019 DCM-MHD CITY Spears, Courtne From: Morrison, Stephen <smorrison@lmgroup.net> Sent: Tuesday, March 19, 2019 1:04 PM To: Spears, Courtney; Finch, Gregory Subject: Fwd: FW: [Non-DoD Source] Re: [External] Logan Dev., Inc. - Shoals at Lea's Waterfront (UNCLASSIFIED) Courtney, I wanted to forward this so you can see NMFS is ok with our revised northern channel dimensions matching what was permitted before and they are ok with the entrance channel from the AIWW. I responded to Emily Greer as I think she misunderstood Twyla's comments. Still waiting to hear back from Emily. We are fast approaching the 150 day decision deadline for the LAMA permit. Have your heard from Curt Weychert (NCMF) or do I need to contact him directly? I know stormwater was issued. Any other loose ends? Thanks. Steve Morrison I Environmental Consultant Direct: 452-0001 x 1903 1 Fax: 910.452.0060 1 Mobile: 910.471.0502 Email: smorrison(M maroup.net I Website: www.imciroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 ---------- Forwarded message --------- From: Morrison, Stephen <smorrison@Imgroup.net> Date: Tue, Mar 19, 2019 at 10:01 AM Subject: Re: FW: [Non-DoD Source] Re: [External] Logan Dev., Inc. - Shoals at Lea's Waterfront (UNCLASSIFIED) To: Greer, Emily C CIV USARMY CESAW (US) <Emilv.C.Greer(&usace.armv.mil> Cc: Finch, Gregory <gfinch@Imgroup.net> Emily, Thanks for forwarding Twyla's revised comments. In the first paragraph she is just restating their original concerns. The second paragraph states that with the change back to the original dimensions of the north channel, they are ok. They said they have no objections as long as we don't widen the entrance channel from the AIWW. We are proposing a 40' wide channel there which is the same as earlier permitting and Twyla also said they do not object to the minor deepening of that channel. The way I read it, we have satisfied their concerns. Please let me know if I am missing something. Thanks. Steve Morrison I Environmental Consultant Direct: 452-0001 x 1903 1 Fax: 910.452.0060 1 Mobile: 910.471.0502 Email: smorrison(dllmoroup.net I Website: www.lmaroumnet Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 RECEIVED APR 0 8 2019 DCll CITY On Mon, Mar 18, 2019 at 5:00 PM Greer, Emily C CIV USARMY CESAW (US)<Emilv.C.GreerCeDusace.armv.mil> wrote: CLASSIFICATION: UNCLASSIFIED Steve - Sounds to me like we need to have a site visit with NMFS in order to resolve this unless you guys have come up with some alternatives in the meantime that will satisfy them. Let me know your thoughts. Thank you - Emily Greer, Regulatory Specialist RECEIVED Wilmington District - Wilmington Regulatory Field Office 69 Darlington Avenue, Wilmington, NC 28403 APR 0 8 2019 910.251.4567 (o) DCM-MHD CITY -----Original Message ----- From: Twyla Cheatwood - NOAA Federal [mailto:twvla.cheatwoodna noaa.eovl Sent: Wednesday, March 13, 2019 9:11 AM To: Greer, Emily C CIV USARMY CESAW (US) <Emilv.C.Greer@usace.armv.mil> Cc: Pace Wilber<Pace.Wilber@noaa.eov> Subject: [Non-DoD Source] Re: [External] Logan Dev., Inc. - Shoals at Lea's Waterfront (UNCLASSIFIED) Emily, The NMFS has reviewed the changes made to the public notice for Action ID: SAW-2018-01501, Logan Dev., Inc. - Shoals at Lea's Waterfront. By letter to your agency dated February 21, 2019, the following EFH recommendations were provided: 1. The permit should not include dredging a new channel within the AIWW (i.e., the North Channel). Dredging should be restricted to upland -cut areas and the access channel linking those areas to the AIWW; 2. The permit should not include widening the existing access channel. The NMFS has no objection to the proposed minor deepening provided the deepening does not cause sloughing that, in effect, widens the channel; 3. Maintenance dredging should occur from October 1 to March 31 to protect juvenile shrimp and finfish using the shallow bottom habitat. The NMFS is amendable to the proposed -4 MLW dredging of the "North Channel" to match previously authorized dredging dimensions and minimize the potential for impacts to areas adjacent to the dredging footprint. The applicant did not address EFH concerns associated with the widening of the existing channel. As stated in the EFH recommendation, the NMFS has no objection to the minor deepening associated with the access channel dredging as long as it does not lead to channel widening and additional impacts. Thank you for the opportunity to review proposed changes to this project. If you have additional questions, please let me know. Twyla On Mon, Mar 11, 2019 at 11:58 AM Greer, Emily C CIV USARMY CESAW (US) <Emily.C.Greer(&usace.armv.mil <mailto:Emilv.C.Greer@usace.armv.mil> > wrote: CLASSIFICATION: UNCLASSIFIED Twyla- We've been have a lot of problems with our IT so I wanted to make sure you had received the below email. Please feel free to contact me with any questions' Thank you! Emily Greer, Regulatory Specialist Wilmington District - Wilmington Regulatory Field Office 69 Darlington Avenue, Wilmington, NC 28403 910.251.4567 (o) -----Original Message ----- From: Greer, Emily C CIV USARMY CESAW (US) Sent: Tuesday, February 26, 2019 5:47 PM To: Twyla Cheatwood <Twvla.Cheatwood@noaa.aov <mailto:Twvla.Cheatwood@noaa.eov>> Subject: FW: [External] Logan Dev., Inc. - Shoals at Lea's Waterfront (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED Twyla- RECEIVED APR 0 8 2019 DCM-MHD CITY Attached are a copy of DMF's comments, LMG's responses to DMF, and associated figures for the Waters at Lea Island CAMA permit application (SAW-2018-01501). In summary, the following changes have been made to the project: To address concerns regarding dredging of the North Channel as it relates to proposed depths (-6 mlw) and impacts to SAV and shellfish, the applicant now proposes to dredge the area to -4 mlw to match previously authorized dredging dimensions and minimize the potential for impacts to areas adjacent to the dredging footprint. The applicant states that an examination of aerial photography shows no evidence of the presence of shellfish or SAV resources immediately adjacent to the dredge cut. Furthermore, the applicant states that impacts to shellfish or SAV would not be expected due to this reduction in dredging depths. To address concerns regarding the proposed hardening of 2,800 linear feet of the southeast shoreline in lieu of the use of living shorelines, the applicant now proposes to replace the 265 linear feet of proposed bulkhead and wing wall along lots 49 and 50 with a two -foot high riprap slope in uplands existing above the joint coastal/404 wetland line. According to the applicant, the remaining linear footage of proposed bulkhead is associated with the construction of the upland basin marina and entrance channel. In response to DMF's recommendations to restrict docks for Lots 41-49 to fixed platforms and limit stops for boatlifts at 18" above the substrate, and thus, eliminate the need for dredging and bottom impacts from floating structures, the applicant states that limitations for floating docks and requiring lift slip stops at 18" above the substrate apply to shallower waters that are classified at PNA, which is not the classification for the project area. The applicant points out that floating or fixed docks along Lots 41-49 could extend to the edge of the dredging area. This would place any wet or lift slips in water close to 4 mlw, which would not require bottom impacts at low tide and eliminate the need for lift slip stops. To address concerns regarding maintenance dredging, the applicant agrees to use turbidity curtains if maintenance dredging occurs outside of the October -March dredging window. Please let me know if their responses adequately address NMFS's concerns and summarize those portions of the your agency's comments that were not addressed in the response to DMF. Feel free to contact me with any questions or concerns. Thank you - Emily Greer, Regulatory Specialist Wilmington District - Wilmington Regulatory Field Office 69 Darlington Avenue, Wilmington, NC 28403 910.251.4567 (o) -----Original Message ----- From: Spears, Courtney [mailto:courtnev.spears@ncdenr.¢ov <mailto:courtnev.soearsC@ncdenr.eov> ] Sent: Tuesday, February 19, 2019 2:31 PM To: Greer, Emily C CIV USARMY CESAW (US) <EmIIv.C.Greer@usace.armv.mil <mailto:Emilv.C.Greer@usace.armv.mil> >; Mairs, Robb L <robb.mairs@ncdenr.aov <mailto:robb.mairs@ncdenr.aov> >; Dunn, Maria T. <maria.dunn@ncwildlife.ora <mailto:maria.dunn@ncwildlife.ora> >; Humphrey, Jeremy <ieremv.humohrev@ncdenr.eov <mailto:ieremv.humohrev@ncdenr.aov> >; Haines, Andrew <andrew.haines@ncdenr.eov <mailto:andrew.haines@ncdenr.aov> > Subject: [Non-DoD Source] FW: [External] Logan Dev., Inc. - Shoals at Lea's Waterfront Hi all, Attached please find some submitted avoidance and minimization changes to the subject project. Please let me know if you have any questions. Thank you, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality RECEIVED APR 0 S 2019 DCM-MHD CITY 910 796 7426 office courtnev.spears@ncdenr.eov <mailto:courtnev.spearsCalncdenr.eov> 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Finch, Greg «finch@Imarouo.net <mailto:Rfinch@Imeroup.net> > Sent: Tuesday, February 19, 2019 2:18 PM To: Weychert, Curtis R <curt.wevchert@ncdencsov <mailto:curt.wevchert@ncdenr.eov> > Cc: Huggett, Doug <douR.huRPett@ncdenr.gov<mailto:douz.hueeett@ncdenr.eov> >; Spears, Courtney <courtnev.spears@ncdenr.zov <mailto:courtnev.spears@ncdenr.aov> >; Stephen Morrison <smorrison@Imaroup.net <mailto:smorrison@lmeroup.net> > Subject: [External] Logan Dev., Inc. - Shoals at Lea's Waterfront CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.eov <mailto:report.spam@nc.¢ov> <mailto:report.spam@nc.eov <maiIto: report.spam@nc.eov> > RECEIVED Curt, APR 0 8 2019 DCM-MHD CITY Please see attached PDF response to your comments dated January 15,2019. Also included is a complete sheet set to make sure there is no confusion on which sheets had updates. Sheets 6, 18 and 19 of 19 highlight most of the changes and additional information. As described in the letter and depicted on the updated drawings, we've made several changes to the project to address your comments that will hopefully alleviate any division objections to the project. Please contact Steve or myself to discuss if needed. Let me know if you would like a hard copied mailed. Courtney, I will drop off a hard copy for your file this afternoon. Thanks, Greg Finch I LAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@lmgroup.net <mailto:gfinch@ImgrouP.net> <mailto:gfinch@Imgroup.net <mailto:gfinch@Imgroup.net> > Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 Blocked Blockedwww.lmgroup.net <Blockedhttp:HBlockedwww.lmgroup.net> <Blockedhttp:HBlockedwww.lmgroup. net <Blockedhttp://www.lmgroup.net> > CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED Twyla H Cheatwood Fishery Biologist Southeast Region, Habitat Conservation Division NOAA Fisheries Beaufort, NC 28516 Office: (252) 728-8758 Twvla.cheatwood(@noaa.gov <Blockedhttps•//lh5 googleusercontent.com/gc6H F9ogN Rn502gkyTY08VBZP1)BB3mOLeug163driwVbcYCMB40cgVY8YIU COikbux M1t1zMv4Lk3 GF-mCdiHRPOesGtALpbzfEnuiDHIYvvrnwTk> Web Blockedwww.nmfs.noaa.gov <Blockedhttp://www.nmfs.noaa.gov/> Facebook Blockedwww.facebook.com/usnoaafisheriesgov <Blockedhttp://www.facebook.com/usnoaafisheriesgov> Twitter Blockedwww.twitter.com/noaafisheries <Blockedhttp://www.twitter.com/noaafisheries> YouTube Blockedwww.youtube.com/usnoaafisheriesgov <Blockedhttp://www.voutube.com/usnoaafisheriesgov> CLASSIFICATION: UNCLASSIFIED RECEIVED APR 0 8 2019 DCM-MHD CITY Spears, Courtne From: Spears, Courtney Sent: Wednesday, March 27, 2019 3:28 PM To: 'Greer, Emily C CIV USARMY CESAW (US)' Subject: RE: FW: [Non-DoD Source] Re: [External] Logan Dev., Inc. - Shoals at Lea's Waterfront (UNCLASSIFIED) Attachments: Bert Lea 71-83.pdf, USACE 31-69.pdf im I believe he is referencing State Permit No. 71-83 (attached) which originally authorized the dredging, and it appear the channel width was 40' from the permit conditions and drawings. Also in that permit file, it looks like the applicant may have submitted proof of a previous USACE authorization - permit 31-69, which would have been pre-CAMA. I scanned all that info in case it is useful for your review. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Greer, Emily C CIV USARMY CESAW (US) <Emily.C.Greer@usace.army.mil> Sent: Wednesday, March 27, 2019 12:41 PM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: FW: FW: [Non-DoD Source] Re: [External] Logan Dev., Inc. - Shoals at Lea's Waterfront (UNCLASSIFIED) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> CLASSIFICATION: UNCLASSIFIED Courtney - RECEIVED APR 0 8 2019 DCM-MHD CITY Do you know whi&permit Steve is referencing in the below email? We do not have a record for a permit atthis . I ocation. If.you doAnow, is he, accurate instating 11 that a 40400t width of.the existing channel was previously permitted; therefore, NMFS's concerns have. been fully addressed? Thanks! Emily -----OriginalMessage--- From: Morrison, Stephen [mailto:smorrison@[mgroup.net] Sent: Tuesday, March 19, 2019 10:02 AM To: Greer, Emily C ClV USARMY CESAW (US) <Emily.C.Greer@usace.army.mil> . Cc: Finch, Gregory <gfinch@lmgroup.net> Subject: Re: FW: [Non-DoD Source] Re: [External]' Logan Dev., Inc. - Shoals at Lea's Waterfront (UNCLASSIFIED) Emily, . Thanks for forwarding Twyla's revised comments. In the first paragraph she is just restating their original concerns. The second paragraph states that with the change back to the original dimensions of the north channel, they are ok. They said they have no objections as long as we don't widen the entrance channel from the AIWW. We are proposing a 40' wide channel there which is the same as earlier permitting and Twyla also said they do not object to the minor deepening of that channel. The way I read it, we have satisfied their concerns. Please let me know if 1 am missing something. Thanks. Steve Morrison i Environmental Consultant Direct: 452-0001 x 1903.1 Fax: 910.452.0060 1 Mobile: 910.471.0502 Email: sinorrison@lmgroup.net <mailto:smorrison@lmgroup.net> I Website: Blockedwww.lmgroup.net <Blockedhttp://www.lmgroup.net/> Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 On Mon, Mar 18, 2019 at 5:00 PM Greer, Emily C CIV USARMY CESAW (US) <Emily.C.Greer@usace.army.mil <mailto:Emily.C.Greer@usace.army.mil>> wrote: CLASSIFICATION: UNCLASSIFIED Steve - Sounds to.me like we need to have a site visit,with NMFS in order to resolve this unless you guys have come up with some alternatives in.the meantime that will satisfy them. Let me know your thoughts. Thankyou- Emily Greer, Regulatory Specialist Wilmington District - Wilmington Regulatory Field Office 69 Darlington Avenue, Wilmington, NC 28403 910.251.4567 (o) -----Original Message --- From: Twyla Cheatwood - NOAA Federal [mailto:twyla.cheatwood@noaa.gov <mai.lto:twyla.cheatwood@noaa.gov> Sent: Wednesday, March 13, 2019 9:11 AM To: Greer, Emily C CIV USARMY CESAW (US) <Emily.C.Greer@usace.army.mil <mailto:Emily.C.Greer@usace.army.mil> > Cc: Pace Wilber <Pace.Wilber@noaa.gov <mailto:Pace.Wilber@noaa.gov> > Subject: [Non-DoD Source] Re: [External] Logan Dev., Inc. -Shoals at Lea's Waterfront (UNCLASSIFIED) Emily, The NMFS has reviewed the changes made to the public notice for Action ID: SAW-2018-01501, Logan Dev., Inc. - Shoals at Lea's Waterfront. By letter to your agency dated February 21, 2019, the following EFH recommendations were provided: 1. The permit should not include dredging a new channel within the AIWW (i.e., the North Channel). Dredging should be restricted to upland -cut areas and the access channel linking those areas to the AIWW, 2. The permit should not include widening the existing access channel. The NMFS has no objection to the proposed minor deepening provided the deepening does not cause sloughing that, in effect, widens the channel; 3. Maintenance dredging should occur from October 1 to March 31 to protect juvenile shrimp and finfish using the shallow bottom habitat. The NMFS is amendable to the proposed -4 MLW dredging of the "North Channel" to match previously authorized dredging dimensions and minimize the potential for impacts to areas adjacent to the dredging footprint. The applicant did not address EFH concerns associated with the widening of the existing channel. As stated in the EFH recommendation, the NMFS has no objection to the minor deepening associated with the access channel dredging as long as it does not lead to channel widening and additional impacts. Thank you for the opportunity to review proposed changes to this project. If you have additional questions, please let me know. Twyla On Mon, Mar 11, 2019 at 11:58 AM Greer, Emily C CIV USARMY CESAW (US) <Emily.C.Greer@usace.army.mil <mailto:Emily.C.Greer@usace.army.mil> <mailto:Emily.C.Greer@usace.army.mil <mailto:Emily.C.Greer@usace.army.mil>> > wrote: CLASSIFICATION: UNCLASSIFIED Twyla- We've been have a lot of problems with our IT so I wanted to make sure you had received the below email. Please feel free to contact me with any questions. Thankyou! Emily Greer, Regulatory Specialist RECEIVED APR 0 8 2019 DCM-MHD CITY Wilmington District - Wilmington Regulatory Field Office 69 Darlington Avenue, Wilmington, NC 28403 910.251.4567 (o) -----Original Message --- From: Greer, Emily C CIV USARMY CESAW (US) Sent: Tuesday, February 26, 2019 5:.47 PM To: Twyla Cheatwood. <Twyla.Cheatwogd@noaa.gov <mailto:Twyla.Cheatwood@noaa.gov> <mailto:Twyla.Cheatwood@noaa.gov <mailto:Twyla.Cheatwood@noaa.gov>>> Subject: FW: [External] Logan Dev., Inc. - Shoals at Lea's Waterfront (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED Twyla- Attached are a copy of DMF's comments, LMG's responses to DMF, and associated figures for the Waters at Lea Island CAMA permit application (SAW-2018-01501). In summary, the following changes have been made to the project: To address concerns regarding dredging of the North Channel as it relates to proposed depths (-6 mlw) and impacts to SAV and shellfish, the applicant now proposes to dredge the area to-4 mlw to match previously authorized dredging dimensions and minimize the potential for impacts to area's adjacent to the dredging footprint. The applicant states that an examination of aerial photography shows no evidence of the presence of shellfish or SAV resources immediately adjacent to the dredge cut. Furthermore, the applicant states that impacts to shellfish or SAV would not be expected due to this reduction in dredging depths: To address concerns regarding the proposed hardening of2,800 linear feet of the southeast shoreline in.lieu of the use of living shorelines, the applicant now proposes to replace the 265 linearfeet of.proposed bulkhead and wing wall. along lots 49 and 50 with a two -foot high riprap slope in uplands existing above the joint coastal/404 wetland line. According to the applicant the remaining linear footage of proposed bulkhead is associated with the construction of the upland basin marina and entrance channel. In response to DMF's recommendations to restrict docks for Lots 41-49 to fixed platforms and limit stops for boatlifts at 18" above the substrate, and thus, eliminate the need for dredging and bottom impacts from floating structures, the applicant states that limitations for floating docks and requiring lift slip stops at 18" above the substrate apply to shallower waters that are classified at'PNA, which is not the classification for the project area. The applicant points out that floating or fixed docks along Lots 41.49 could extend to the edge of the dredging area. This would place any wet or lift slips in water close to 4 mlw, which would not require bottom impacts at low tide and eliminate the need for lift slip stops. To address concerns regarding maintenance dredging, the applicant agrees to use turbidity curtains if maintenance dredging occurs outside of the October -March dredging window. Please let me know if their responses adequately address NMFS's concerns and summarize those portions of the your agency's comments that were not addressed in the response to DMF. Feel free to contact me with any questions or rK6311INW-Im Thankyou- Emily Greer, Regulatory Specialist Wilmington District - Wilmington Regulatory Field Office 69 Darlington Avenue, Wilmington, NC 28403 910.251.4567 (o) -----Original Message ---- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> <mailto:courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov>> ] Sent: Tuesday, February 19, 2019 2:31 PM To: Greer, Emily C CIV USARMY CESAW (US) <Emily.C.Greer@usace.army.mil <mailto:Emily.C.Greer@usace.army.mil> <mailto:Emily.C.Greer@usace.army.mil <mailto:Emily.C.Greer@usace.army.mil>>>; Mairs, Robb L <robb.mairs@ncdenr.gov <mai Ito: robb.mairs@ ncdenr.gov> <mailto:robb.mairs@ncdenr.gov <mailto:robb.mairs@ncdenr.gov> >>; Dunn, Maria T. <maria.dunn@ncwildlife.org <mailto:maria.dunn@ncwildlife.org> <mailto:maria.dunn@ncwildlife.org<mailto:maria.dunn@ncwildlife.org>>>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov <mailto:jeremy.humphrey@ncdenr.gov> <mailto.jeremy.humphrey@ncdenr.gov <mailto:jeremy.hum phrey@ncdenr.gov> > >; Haines, Andrew <andrew.haines@ncdenr.gov <mailto:andrew.haines@ncdenr.gov> <mailto:andrew.haines@ncdenr.gov <mailto:andrew.haines@ncdenr.gov>> > Subject: [Non-DoD Source] FW: [External] Logan Dev., Inc. - Shoals at Lea's Waterfront Hi all, Attached please find some submitted avoidance and minimization changes to the subject project. Please let me know if you have any questions. Thank you, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management ' Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> <mailto:courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> > RECEIVED APR 0 8 2019 DCM-MHD CITY 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Finch, Greg <gfinch@Imgroup.net <mailto:gfinch@lmgroup.net> <mailto:gfinch@lmgroup.net <mailto:gfinch@lmgroup.net>>> Sent: Tuesday, February'15, 2019 2:18 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov <mailto:curt.w.eychert@ncdenr:gov> <mailtoicurt.weychert@ncdenr.gov <mailto:curt.weychert@ncdenr.gov>>.> Cc: Huggett, Doug <doug.huggett@ncdenr.gov <mailto:doug.huggett@ncdenr.gov> <mailto:doug.huggett@ncdenr.gov<mailto:doug.huggett@ncdenr.gov>>>;Spears,Courtney . <courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> <mailto:courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gdv>>>; Stephen Morrison <smorrison@lmgroup.net <mailto:smorrison@Imgroup.net> <mailto:smorrison@Imgroup.net<mailto:smorrison@lmgroup.net>>> Subject: [External] Logan Dev., Inc. - Shoals`at Lea's Waterfront 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> <mailto:report.spam@nc.gov <mailto:report.spam@nc.gov>> -mailto:report.spam@nc.gov <mailto:report.spam@nc.gov> <ma i lto: report.spam@ nc.gov <ma i Ito: report.spam@ nc.gov>> > Curt, Please see attached PDF response to your comments dated January 15,2019. Also included is a complete sheet set to make sure there is no confusion on which sheets had updates. Sheets 6, 18 and 19 of 19 highlight most of the changes and additional information. , As described in the letter and depicted on the updated drawings, we've made several changes to the project to address your comments that will hopefully alleviate any division objections to the project. Please contact Steve or myself to discuss if needed. Let me know if you would like a hard copied mailed. Courtney, I will drop off a hard copy for your file this afternoon. Thanks, Greg Finch I CAMA Section Manager Direct:.910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@lmgroup.net <mailto:gfinch@lmgroup.net> <mailto:gfnch@lmgroup.net <mailto:gfinch@lmgroup.net>> <mailto:gfinch@lmgroup.net <mailto:gfinch@lmgroup.net> <mailto:gfinch@lmgroup.net <mailto:gfinch@lmgroup.net>>> Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 Blocked Blocked Blockedwww.lmgroup.net <Blockedhttp://Blockedglockedwww.lmgroup.net> <Blockedhttp://BlockedBlockedwww.lmgroup.net <Blockedhttp://Blockedwww.lmgroup.net> > <Blockedhttp://BlockedBlockedwww.Imgroup.net <Blockedhttp://Blockedwww.lmgroup.net> <BlockedBlockedhttp://www.lmgroup.net>> CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED Twyla H Cheatwood Fishery Biologist Southeast Region, Habitat Conservation Division NOAA Fisheries Beaufort, NC 28516 Office: (252) 728-8758 Twyla.cheatwood@noaa.gov <mailto:Twyla.cheatwood@noaa.gov> <BlockedBlockedhttPs:Hlh5.googleusercontent.com/gc6H F9ogN Rn5O2q kyTY08yBZPpBB3mOLeuq l63driwVbcYCM B4jcgV Y8YI UCOj kbux_M 1t1zMv4Lk3_G F-mCdi H RPOesGtALpbzfEnuj D H IYyvrnwTk> Web BlockedBlockedwww.nmfs.noaa.gov <Blockedhttp://Blockedwww.nmfs.noaa.gov> <BlockedBlockedhttp://www.nmfs.noaa.gov/> Facebook BlockedBlockedwww.facebook.com/usnoaafisheriesgov <Blockedhttp://Blockedwww.facebook.com/usnoaafisheriesgov> <Blocked Blockedhttp://www.facebook.com/usnoaafisheriesgov> Twitter BlockedBlockedwww.twitter.com/noaafisheries <Blockedhttp://Blockedwww.twitter.com/noaafisheries> <BlockedBlockedhttp://www.twitter.com/noaafisheries> RECEIVED APR 0 8 2019 DCM-MHD CITY YouTube Blocked Blockedwww.youtube.com/usnoaafisheriesgov <Blockedhttp:HBlockedwww.youtube.com/usnoaafisheri'esgo.v> <BlockedBlockedhttp://www.youtube.com/usnoaafisheriesgov> CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED ROY COOPER Governor MICHAEL S. REGAN Secretary - BRAXTON C. DAVIS Director Elizabeth Avery Godwin 7231 Masonbora Sound Road Wilmington, NC 28409 Dear Ms. Godwin: NORTH CAROLINA. Enykonmentu/Quaftry March 29, 2019 Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit application submitted Logan Development Inc., in which permission was requested to construct a new boat basin, marina, and subdivision adjacent to your property located in Hampstead, North Carolina. The Division appreciates your concerns about the proposed project. In this case, no inconsistencies with the Coastal Area Management Act were identified. Consequently, the Division has issued Major Permit No. 20-19 for the proposed activity. A copy of the permit is being provided to you for your information. I have included a copy of the third -party appeal form for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. Please feel free to contact me by telephone at (910) 796-7426, or by email at courtney.snears@ncdenr.eov with any questions or concerns. cc: WiRO file MHC file Permits Coordinator RECEIVED APR 0 8 2019 DEQ 1) DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office I. 127 Cardinal Drive Extenslon I Wilmington, North Carolina 2a405 910.795:7215 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE SouMeast Regional Office 26313th Avenue South St. Petersburg. Florida 33701-6606 http:Osero.nmis.noaa.gov February 21, 2019 F/SER47:TC/pw (Sent via Electronic Mail) Colonel Robert J Clark, Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Emily Greer Dear Colonel Clark: NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID: SAW-2018-01501 dated January 4, 2019. Logan Development, Inc., proposes to construct a private residential subdivision, known as Shoals at Lea's Waterfront, with associated infrastructure and amenities adjacent to the Atlantic Intracoastal Waterway (AIWW) about 1.5 miles from New Topsail Inlet, Pender County. Project elements most important to the NMFS include an upland -cut, 75-slip marina basin; an upland -cut channel to access the new basin; a bulkhead for stabilizing the shoreline; a new channel dredged from shallow -water habitat; and maintenance dredging of the existing and new channels and basins after initial construction. The Wilmington District's initial determination is the proposed project may affect but is not likely to affect adversely essential fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council (MAFMC), or the NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments and recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). On January 29, 2019, the NMFS responded to this public notice indicating any adverse effects occurring from the project to NOAA-trust resources would be minimal. Subsequently, the NMFS became aware of additional impacts not considered during the initial review. Accordingly, the NMFS replaces the letter dated January 29, 2019, with this letter. Existing conditions at the site include an upland -cut basin, approximately 560 feet long and varying in width from approximately 75 feet near the mouth to 60 feet near the landward end, and a channel, approximately 850 feet long, connecting the basin to the AIWW. A few, small docks occur in the basin. The applicant's proposed 75-slip docking facility, measuring 367 feet in length by 264 feet in width, would begin about 300 feet landward of the end of the existing basin and a new upland -cut channel would connect the landward end of the existing basin to the 75-slip docking facility. To stabilize the shoreline, primarily within tIFg3Ei(DEb1V.Lzpas, the applicant would install approximately 2,800 linear feet of new 'no RECEIVED FEB 2 5 2019 G.Wr/v APR 0 8 Z019 DCM-MHD CITY drawings (sheet 6 of 17) show the bulkhead extending to about 75 feet of apparently natural but disturbed shoreline fronting the AIW W. The applicant proposes minor deepening of the channel connecting the existing basin and AIWW. Project drawings and narrative describe a depth of -6 feet MLW, whereas the North Carolina Division of Coastal Management indicates past permits authorized depths of -5 feet MLW. In addition to the above and of most concern to the NMFS, the applicant proposes a new channel, 778 feet long, 40 feet wide, and also at a depth of -6 feet MLW, close to and paralleling the shoreline, presumably so that lots 41 to 49 can construct docks with deep -water access at a later time. This new channel would connect to and be perpendicular to the current access channel. The NMFS does not recall discussion of this project element during the pre -application meeting on July 27, 2018. Some project documents refer to this new channel as the "North Channel," and the NMFS will use this term below. Based on staff knowledge of the area and reports from other agencies, the NMFS believes oyster aggregations and submerged aquatic vegetation (SAV) occur near the proposed North Channel. The proposed dredging of the North Channel would disturb approximately 31,120 square feet (0.714 acres) of shallow bottom habitat within close proximity to a coastal inlet, oyster aggregations, and SAV. The SAFMC identifies shallow sub -tidal bottom in estuarine waters as EFH for penaeid shrimp and estuarine -dependent species of the snapper -grouper complex. The MAFMC designates tidal creeks and the estuarine waters as EFH for summer flounder and bluefish. The SAFMC and MAFMC designate these areas as EFH because larvae and juveniles concentrate and feed extensively and shelter within these habitats. Consequently, growth rates are high and predation rates are low, which makes these habitats effective nursery areas, especially when the habits occur in close proximity to coastal inlets. The SAFMC designates coastal inlets, oyster aggregations, and SAV as Habitat Areas of Particular Concern (HAPCs). HAPCs are subsets of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. Other species of commercial or recreational importance found in the project area include red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, Eastern oyster, and blue crab. A number of these species serve as prey for fish that are managed by SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes and sharks). The SAFMC provides additional information on EFH and federally managed species in Volume IV of the Fishery Ecosystem Plan of the South Atlantic Region' and the Users Guide to Essential Fish Habitat Designations by the South Atlantic Fishery Management Council'. Detailed information about the EFH requirements of species managed by MAFMC are included in separate amendments to individual fishery management plans and in technical reports prepared by the NMFS Northeast Fishery Science Center3. The NMFS opposes construction of the North Channel. The public notice neither includes the applicant's justification for the channel nor describes measures the applicant would take to minimize impacts to nearby nursery habitat from dredging this channel. ' Available at http://hnp://safrRECEIVED nc.net/fishery-ecosystem-plan-ii-introduction/ W�LM�NGTON, NC z Available at http:Hhttp://saf nc.net/download/SAFMCEFHUsersGuideFinalRevAug ' ' APaUdWiVW://www.nefsc.noaa.gov/nefsc/habitat/efli/ FEB 2 5 2019 DCM-MHD CITY EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: • The permit should not include dredging a new channel within the AIWW (i.e., the North Channel). Dredging should be restricted to upland -cut areas and the access channel linking those areas to the AIWW. • The permit should not include widening the existing access channel. The NMFS has no objection to the proposed minor deepening provided the deepening does not cause sloughing that, in effect, widens the channel. • Maintenance dredging should occur from October 1 to March 31 to protect juvenile shrimp and finfish using the shallow bottom habitat. Section 305(b)(4)(B) of the Magnuson -Stevens Act and its implementing regulations at 50 CFR 600.920(k), requires the Wilmington District to provide a written response to the EFH recommendations within 30 days of receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" between the NMFS and Wilmington District, an interim response should be provided. A detail response must then be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the Wilmington District's response is inconsistent with the EFH conservation recommendations, the District must provide a substantive discussion justifying the reasons for not following the recommendations. The detail response should be received by the NMFS at least ten days prior to final approval of the action. Thank you for the opportunity to provide these comments. Related questions or comments should be directed to the attention of Ms. Twyla Cheatwood at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 728-8758 / for Sincerely, /�C7u 41A Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE, Emily.C.Greer@usace.army.mil USFWS, Pete_Benjamin@fws.gov NCDCM, Doug.Huggett@ncdenr.gov NCDMF, Curt.Weychert@ncdenr.gov EPA, Bowers.Todd@epa.gov F/SER4, David.Dale@noaa.gov RECEIVED F/SER47, Twyla.Cheatwood@noaa.gov APR 0 8 2019 DCM WILMINGTON, NC FEB 2 5 2019 DCM-MHD CITY P<41 LMG LAND MANAGEMENT GROUP is DAIEA company 2/19/19 TO: Curt Weychert N.C. Division of Marine Fisheries 3441 Arendell Street, P.O. Box 769 Morehead City, N.C. 28557 RE: Shoals at Lea's Waterfront Division of Marine Fisheries Comments Dear Curt, We are in receipt of your 1/15/19 comments to DCM regarding the current CAMA permit application for the Waters at Lea Island project located in Hampstead, NC. We are addressing the list of minimization and avoidance measures suggested. Minimization and Avoidance Measures Due to the cumulative impacts expected from this project, the division objects to the permit application as proposed unless additional minimization and avoidance measures are taken. The division offers the following suggestions to achieve this. • Remove the proposed dredging along the open shoreline (lots 41-49). The current proposed dredging along the open shoreline (lots 41-49) is to -6' mlw within the same footprint as formerly permitted and dredged to a depth of -4' mlw. The existing channel serves a total of 15 boat docks now located along this shorefront. The applicant wishes to maintain this channel for boating access for the future project's lot owners. As a form of minimization, the applicant is now reducing the requested depth here to -4' mlw as formerly permitted/dredged and is considered maintenance dredging in all dimensions. Most of the area within this dredging footprint is currently between -3' and -4' mlw, which reduces the net dredge cut to around P on average. This minimizes the potential for impacts adjacent to the dredging area and matches the earlier authorized dredging dimensions. Considering the proposed channel dimensions have been reduced here to the historically maintained width and depth, no effects to SAV or shellfish resources are expected. The enclosed North Channel Detail i9Iwavis overlaid on the most recent available 2016 NC Onemap aeri tC and others we have examined show no evidence of a she s�il A rg�pprcc RECEIVED FEB 1 9 Z 19 APR 0 8 " 19 DCM-MHD CITY immediately adjacent to the dredge cut. Reduce proposed shoreline hardening by using non -vertical stabilization along the open southeast shoreline. Natural methods, such as planted vegetation or reef construction, are considered to have the least adverse impact, while vertical structures are generally considered to have the greatest impact (DCM 2006). In a scoping meeting held on July 27, 2018, both the United States Army Corps of Engineers (USACE) and at that time the DCM Fisheries Resource Specialist stated that they would prefer to see the incorporation of living shorelines to minimize the impacts of the project and the USACE even mentioned the possibility of its use for mitigating wetland impacts associated with this project. The final application doesn't mention any attempt to incorporate the use of living shorelines or alternatives to vertical bulkheads in the narrative. The DMF would strongly encourage the investigation and addition of alternative shoreline stabilization methods other than the proposed 2,800 linear feet of new sheet pile bulkhead. This could offset impacts from habitat loss and water quality degradation The proposed bulkhead and wing wall on lots 49 and 50 is approximately 265' along the shoreline. The applicant has agreed to remove this bulkhead and instead construct a low 2' high riprap slope on upland above the joint coastal/404 wetland line. Please see enclosed sheet 6 of 19. No wetlands will be impacted and the riprap will be above the normal tidal range removing concerns related to wave refraction and scour. The remaining new sheet pile bulkheading within the project is associated with the construction of the inland basin marina and entrance channel. Restrict docks along the open shoreline (lots 41-49) to observation platforms and eliminate dredging along the shoreline. The DMF recommends a deed restriction be placed on lots 41- 49 which would prevent the permitting of any water - dependent structures (observation platforms only) to minimize future impacts to the project area. Restricting boat dockage along this shoreline will not only remove the need to dredge but will aid in preventing further impacts to the nearby fisheries resources. Dredging, boat traffic, shading impacts, storm water runoff, and upland development in this area all have the potential to negatively impact the habitat function. This deed restriction will aid in minimizing overall impacts and avoiding additional impacts in this area specifically. This area provides high quality nursery and foraging habitat because of the combination of shallow soft bottom, fringing coastal marsh and oysters as well as SAV and subtidal shell habitat. While the proposed project would reduce the existing number of water dependent structures along the proposed lots #41-49 from the current 15 to a proposed 9, it should be noted that the creation of an access channel would create an additional 7lots which have the potential to add docking facilities where there are currently only 2. Furthermore, the need to maintain these docks in addition to the 75 slips proposed in the marina basin, does not demonstrate anf. i- Y s ° V ED DCM WILMINCTON, Z RECEIVED FEB 19 2NI APR 0 S 2019 DCM-MHD CITY minimization. The division also supports any additional deed restrictions suggested by DMF's Shellfish Sanitation Section to prevent a closure of waters currently open to the harvest of steellAsh. See item 4 1n lieu of #3, restrict docks along the open shoreline (lots 41-49) to f xed platforms only. Additionally, condition stops at 18" above the substrate for any boat! is. This would eliminate the need for dredging and also prevent any bottom impacts from f oating structures. As mentioned, the number of docks along the open shoreline (lots 41-49) will be reduced from the 15 existing to 9 (one per lot here). Any future private docking structures whether floating or fixed could extend to the edge of the dredging area to avoid the "channel" area or to the %4 waterbody distance, whichever is most restrictive under DCM rules. This would place any wet slips or lift slips in water close to -4' mlw. As a result, any floating docks would not impact the bottom at low tide and no lift slip stops are necessary. It should be noted that any limitations on floating docks and the need for lift slip stops 18" above the substrate are related to shallower waters that are classified as Primary Nursery Area (PNA) and this area is not classified as PNA. In addition, through discussions with the Shellfish Sanitation Office, the applicant agreed to reduce (through deed restrictions) the number of lots along the marina entrance canal that could have future boat slips and limit the remaining lots here as well as the Medlin and Lea properties on the entrance channel to only one slip apiece. • To compensate for the loss of docking along the shoreline, the applicant could include a boat ramp within the upland basin. A boat ramp and necessary vehiclettrailer parking would add an additional area of impervious surface to the land plan and needlessly eliminate beneficial vegetative cover. There would also be an increased level of vehicular traffic within the subdivision. Aesthetically, trailered boats parked on individual lots throughout the neighborhood would be detrimental to the character of the development. In addition, the inherent value of waterfront lots with the ability to access the owner's boat without a launch and retrieval process is beneficial. • Condition the permit so that future maintenance dredging be conducted during the October- March dredging window unless turbidity curtains are used The applicant agrees to use turbidity curtains if maintenance dredging �� t�j NC 3 RECEIVED FEB 19 2019 APR 0 h 2019 DCM-MHD CITY the October through March dredging window. Please contact me if you have any questions regarding any of this information. Thank you for your assistance. Sincerely, Steve Morrison Environmental Consultant Enclosures cc: Courtney Spears, DCM Doug Huggett, DCM Logan Development, Inc. RECEIVED APR 0 S 2019 DCM-MHD CITY RECEIVED DCM WILNI NGTON, NC 4 FEB 19 2019 Spears, Courtney From: Finch, Greg <ginch@lmgroup.net> Sent: Wednesday, May 15, 2019 4:00 PM To: Spears, Courtney Cc: Jessica Vamvakias Subject: Re: [External] Shoals at Lea Waterfront -Lea Marina Thanks) I Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-4704734 Email: gfinchkIrngroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net On Wed, May.15, 2019 at 3:59 PM Spears, Courtney <courtney.spears(a ncdenr.gov> wrote: Hi -Greg, Christy and I discussed this and concluded that the below recorded plat was a good faith effort to work towards meeting Condition #13. So, construction can commence since this has been recorded, however, to be in full compliance with the condition, when the final plat is recorded restrictive covenants or other legal instruments will need to be recorded individually per lot as described in the permit materials. Please let me know if there are any questions. Kind regards, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office cou rtney. spears(o7ncden r.QOV 127 Cardinal Drive Ext. Witmington, NC 28405 From: Finch, Greg [mailto:gfinch@Imgroup.netl Sent: Wednesday, May 15, 2019 9:07 AM To: Spears, Courtney <courtneV.spears@ncdenr.gov> Cc: Jessica Vamvakias <iv@loganhomes.com> Subject: [External] Shoals at Lea Waterfront -Lea Marina Courtney, See embedded image below. As a part of the recombination plat that was just recorded, the language to restrict the Marina Channel to a maximum of 10 slips was included. Will this suffice to satisfy condition 13? Or at least allow construction to commence until the subdivision plat can be recorded and individual lots can then be restricted as platted. Thanks, Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch2hagroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net S" Spears, Courtney From: Finch, Greg <gfinch@lmgroup.net> Sent: Monday, April 22,.2019 2:03 PM To: Spears, Courtney Subject: [External] Fwd: Shoals at Lea's Waterfront Modification to SC2_Deed notification.pdf (UNCLASSIFIED) Attachments: 190422 Modification to SC2_Deed notification.pdf Hi Courtney, I wanted to follow-up on clarification of Condition 13 of the CAMA permit. In Pender County, the plat can't be recorded until the improvements are made (infrastructure installed) so that makes the Condition not possible. The USACE modified their condition and is attached for your file if needed. For the CAMA permit, can the language be changed to something similar? Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@lmeroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.imgroup.net ---------- Forwarded message --------- From: Williams, Kimberlee <kwilliams@Imgroup.net> Date: Mon, Apr 22, 2019 at 12:26 PM Subject: Fwd: Shoals at Lea's Waterfront Modification to SC2_Deed notification.pdf (UNCLASSIFIED) To: D Logan <dlogan@loganhomes.com>, Jessica Vamvakias <lv@loganhomes.com>, Greg Finch <gfinch@lmgroup.net>, Steve Morrison <smorrison@lmgroup.net> Hi D See attached USACE modification to Special Condition 2- Deed Notification- for the Shoals at Lea's Waterfront permit and let me know what you think. Emily has modified it to read that the deed notification must be recorded "prior to the sell or conveyance of any properties within the development". Thanks, Kim Kim Williams I Environmental Scientist Land Management Group I Environmental Consultants Direct: 910-452-0001 x 1908 1 Cell: 910.471.5035 1 Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403 Email: kwilliamsc@imgroup.net I Website: www.lmgroup.net ---------- Forwarded message --------- From: Greer, Emily C CIV USARMY CESAW (US) <Emily.C.Greer@usace.army.mil> Date: Mon, Apr 22, 2019 at 12:19 PM Subject: Shoals at Lea's Waterfront Modification to SC2_Deed notification.pdf (UNCLASSIFIED) To: Williams, Kimberlee <kwilliams@lmsroup.net> CLASSIFICATION: UNCLASSIFIED Kim - Attached is the modification to Special Condition 2- Deed Notification- for the Shoals at Lea's Waterfront permit. Let me know if this doesn't work, though I expect it should be ok. Thanks! Emily Greer, Regulatory Specialist Wilmington District- Wilmington Regulatory Field Office 69 Darlington Avenue, Wilmington, NC 28403 910.251.4567 (o) CLASSIFICATION: UNCLASSIFIED MODIFICATION TO SPECIAL CONDITION #2 SAW-2018-01501 SHOALS AT LEA'S WATERFRONT The following DEED NOTIFICATION shall be recorded in the Pender County Registry of Deeds for the properties referred to as Lots 11-24 prior to the sell or conveyance of any properties within the development, Shoals at Lea's Waterfront, on the attached plan titled "Shoals at Lea's Waterfront, Wetland Impact Overview" to include Sheets 7 of 17, dated October 30, 2018, prepared by Land Management Group, Inc. "A portion of this lot, as determined by the Wilmington District US Army Corps of Engineers (USACE) under Action ID# SAW-2018-01501, contains waters of the U.S., including wetlands, which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Any placement of dredged or fill material within these waters without Department of Army authorization may constitute a violation of Section 301 of the Clean Water Act (33 USC 1311). Prior to any work within the jurisdictional areas, you must contact the U. S. Army Corps of Engineers, Wilmington District Regulatory Division, Wilmington, North Carolina. This covenant is to run with the laud and shall be binding on all Parties and all persons claiming under them." Property Owner Signature Owner Name: Owner Address (City, State, Zip Code): Owner Telephone: Owner Email: STATE of North Carolina County I, , a Notary Public of the State of North Carolina, County, hereby certify that owner personally appeared before me this day of and executed by above certification. Witness my hand notarial seal, this _ day of, 20_. Notary Public My commission expires: a. The DEED NOTIFICATION shall be completed using the format provided above. Within 30 days of recording the DEED NOTIFICATION, the Permittee shall provide a copy of the recorded DEED NOTIFICATION to the Wilmington District Regulatory Division clearly showing a stamp from the appropriate official indicating the book and page at which the DEED NOTIFICATION is recorded and the date of recording. b. In the event this permit is transferred, proof of delivery of a copy of the recorded DEED NOTIFICATION(S) to the subsequent Permittee or Permittees shall be submitted to the Corps together with the notification of permit transfer. MKS U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01501 County: Pender U.S.G.S. Quad: NC -Hampstead GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Pemrittee: Loean Development, Inc. D Loean Address: 60 Gregory Road, Suite 1 Leland, NC 28451 Telephone Number: 910.452.7175 E-mail: dloean(d!loeanhomes.com Size (acres) 68_36 Nearest Town Hampstead Nearest Waterway Old Topsail Creek River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.35885 Longitude:-77.69431 Location description: The project site is located between Factory Road and Maiestic Oaks Road on the AIWW in Hampstead, Pender County, NC. Description of projects area and activity: This verification authorizes the permanent filling of 0.49-acre of wetland, including Channel. The purpose of the project is to construct a residential subdivision, Shoals at Lea's Waterfront SD, which includes dredge to a final depth of -4' NLN'. The excavated material will be pumped to the upland open basin marina for settlir to connectine the basin to the open water channel. Access channel bottom widths will not exceed 40' in the open water. restoration credits. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) APR 0 Authorization: PGP 291 CAMA (NC Coastal Area Management Act) I TON, pCM W 1LMING SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 10/30/2018 and the enclosed plans Sheets 1-19 dated 2/18/2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 40LIQuirements. For activities occurring within the twenty coastal counties subject to regulation undef the Co a Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, APR NC�aq ("796-7215. 4 LO�� 0� yVFLMINE3TON, NC jP ti This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact EmOv Greer at 910.251.4567 or emitv.c.¢reer(a�usace.armv.mil. GREER.EMILY.C.138532530 0»,-°w:�.m Corps Regulatory Official: """"' Date: 4/2/2019 nn�msmm mx°z.mw Expiration Date of Verification: 12/31/2021 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/Pp=136:4:0 Copy furnished: Agent: LMG.Inc. Stephen Morrison E-mail: smorrisonklmuoup.net SAW-2018-01501 SPECIAL CONDITIONS SAW-2018-01501 SHOALS AT LEA'S WATERFRONT 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. To compensate for the permanent loss of 0.45-acres of riparian wetland and 29 linear feet of perennial stream channel, compensatory mitigation will occur at a 1:1 ratio with the Northeast Cape Fear Umbrella Mitigation Bank-JEAT Tract resulting in 0.5-acre of riparian wetland restoration credits and 29 linear feet of stream restoration credits. To compensate for the permanent loss of 0.04-acre of coastal wetland, compensatory mitigation will occur at a 1:1 ratio with NC DMS in RUC 03030001. 2. The following DEED NOTIFICATION shall be recorded in the Pender County Registry of Deeds within 30 days of permit issuance (03/29/2019) for the properties referred to as Lots 11-24 within the development Shoals at Lea's Waterfront on the attached plan titled "Shoals at Lea's Waterfront, Wetland Impact Overview" to include Sheets 7 of 17, dated October 30, 2018, prepared by Land Management Group, Inc. "A portion of this lot, as determined by the Wilmington District US Army Corps of Engineers (USACE) under Action ID# SAW-2018-01501, contains waters of the U.S., including wetlands, which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Any placement of dredged or fill material within these waters without Department of Army authorization may constitute a violation of Section 301 of the Clean Water Act (33 USC 1311). Prior to any work within the jurisdictional areas, you must contact the U. S. Army Corps of Engineers, Wilmington District Regulatory Division, Wilmington, North Carolina. This covenant is to run with the land and shall be binding on all Parties and all persons claiming under them." Property Owner Signature Owner Name: Owner Address (City, State, Zip Code): Owner Telephone: Owner Email: STATE of North Carolina County I, , a Notary Public of the State of North Carolina, County, hereby certify that owner personally appeared before me this_ day of executed by above certification. Witness my hand notarial seal, this day of, 20_ and RECEIVED ,°R042019 Notary Public My commission expires: DCM WILMINGTON. NC SAW-2018-01501 SPECIAL CONDITIONS SAW-2018-01501 SHOALS AT LEA'S WATERFRONT a. The DEED NOTIFICATION shall be completed using the format provided above. Within 30 days of recording the DEED NOTIFICATION, the Permittee shall provide a copy of the recorded DEED NOTIFICATION to the Wilmington District Regulatory Division clearly showing a stamp from the appropriate official indicating the book and page at which the DEED NOTIFICATION is recorded and the date of recording. b. In the event this permit is transferred, proof of delivery of a copy of the recorded DEED NOTIFICATION(S) to the subsequent Permittee or Permittees shall be submitted to the Corps together with the notification of permit transfer. 3. In order to protect juvenile finfish and shrimp resources, maintenance dredging or filling activities will be permitted only between the dates of October 1 to March 31 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities f(REGRN10ce of manatees. /` gq �� 04 ZI�h 2. The project manager and/or the contractor will advise all construction personne at DCM WILMINGTON, NO there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service "(ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from. June through October. Idle speed is required if operating this vessel in shallowwater during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project managerwill prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): r U.S. Fish and wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. Orb Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. RECEIVED APR 0 4 2019 DCM WILMINGTON, NC CERTIFICATE OF COMPLETION , Action ID Number: SAW-2018-01501 County: Pender Permittee: Logan Development, Inc.. D Logan Project Name: Shoals at Lea's Marina SD Date Verification Issued: 4/2/2019 Project Manager: Emily Greer Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Emily Greer Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 or emily.c.greer@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. $. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NC 4- , J 4 PROPOSED CLUBHOUSE VEGETATIVE BUFFER/ SPOIL DISPOSAL ( ROAD VEGETATIVE BUFFER/ SPOIL DISPOSAL REBA AVERY ET AL �i �,, •l uEGE7A1 E BUFFER/ @ISPOSAL PROPOSED 75YSLIP MARINA \`\ 367- LONG\AINTENANC WIVE \ �RROPERTYI��DOROTHYMEDLIN fvIARINE CH/90'WIDE BY\'380IN TOG Nj70'-90'00' LCHANNANC 40' WIDE. (SEE DETP Legend PROPERTY BOUNDARY ME��I��I��i� NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. .?v f PROFO D LUBHOUSE AND POt �*ASIN EXCA, Tj �!J TQ\=5 MLW M I� REf R CORJ>} RS OFFSET m 3,tD BL i i i -NT- PROP ED,KA.YA HUT (OPEN , I OLA) LDg2Dd SLIP NUMBERS 2O NOTES 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. •.,. SW IS At lads WmsmmN wenes0nvielis s 2. NOT A SURVEYED OR ENGINEERED DRAWING. uxojsagscva�i rc1 £`s�' t•-so uncts aza 3. FOR ENVIRONMENTAL PERMITTING ONLY. "dS;^{ M°nre D°bll D D sawa xoM r<moroxw02 sno NumEen ° °x' GSF m moor is mm moo: o�wsxaoot 'AEC AEC P O E2 IL,� O'BUFFER rz/, �PRC1, OE BULKHE EXISTING, DRAINAGE/PIPE MEDLIN PROPERTY \ \ 209 LEA'S LANE LEA PROPERTY 301 LEA'S LANE DEAD RESTRICTION NOTES: 1. LOT NUMBERS 66,87, 58 AND 59 WILL BE DEED RESTRICTED PROHIBIT ANY BOAT SLIPS. / 2. LOT NUMBER 57 WILL BE RESTRICTED TO ONE SLIP LOCATED ON / THE SOUTHERN 39' PORTION OF THE LOT. 3. LOT NUMBERS 50 THROUGH 56. THE MEDLIN PROPERTY AT 299 LEA'S LANE AND THE LEA PROPERTY AT 301 LEA'S LANE WILL BE RESTRICTED TO ONE BOAT SLIP EACH. OUTER MARSH C. SEE APPENDIX C IN THE APPLICATION SUBMITTAL FOR DRAFT LANGUAGE. EDGE 5. LOT NUMBERS SUBJECT TO CHANGE. DEED RESTRICTIONS WILL BE PLACED 50 THAT NO SLIPS IN THE ENTRANCE CHANNEL ARE WITHIN 200' OF THE NEAREST SLIP WITHIN THE BASIN AND SO THAT CHANNEL MAINTENANCE - NO MORE THAN 10 SLIPS ARE ALLOWED ALONG THE CANAL ENTRANCE CHANNEL. REGARDLESS OF LOT NUMBERS AT TIME OF DREDGING LIMITS PLAT RECORDATION. Legal PROPERTY BOUNDARY --------- Vgs[Y OeY. NOTES:BASElYl 1. CAD FILE FROM PARMOUNTE ENGINEERING. *� 7 G snm¢Amenwwmenl L�' aa99 a�Y. 2. NOT A SURVEYED OR ENGINEERED DRAWING. r=ea 3. FOR ENVIRONMENTAL PERMITTING ONLY. q� W, a+8r 3ee6 wmc.imYxace c miam wY.oer: asF LM016334 NC VkG-�—TA Elf DI 57 AE - JOINT O ` TAL�� O ' ® i D'LINE, \ ' O PfFOFj TIMP 2IfjAP i� .. "A — 70 \ �., ! f ,� �'1;, OUTER MARSH\ ---\_i EDGE �... 40: \` USAGE SETBACK USACE ROW OUTER MARSH EDGE —? USACE NAV19ATION C ceBenO CHANNEL LIMITS ----- ----- — / NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. Bvimis 3. FOR ENVIRONMENTAL PERMITTING ONLY. 4. NORTH SIDE CHANNEL (T7B'% 40') MAINTAINED AT 4MLW. ENTRANCE s cnl lsa§welemanl �a BINte JLJfL,VVIi.,l7 CHANNEL PROPOSED AT-6'MLW. ` V=1BP unm6124 Inm, cnsnnel ' I - 0 50 tlp JIIO MY�m45�w %-5 µlnlOmenw Vr+m BY: 1 Ym6ot ��'�w5xam�� Gre0�M9 GBbil G6F 18 r-- �" '•- TEMPORARY IMPACT 797 S.F. 1 60" POND I1 l l l `• EQUALIZATION PIPE p / \ ROAD CROSSING IMPACT 1,455 S.F. (2 36" CULVERTS) _ `'" `•\ SEE PROFILE 6 p O •\ •O /O / V ®' T / FAC7%RY ROAD C RPW IMPACT ONLY 681 'm.' ®o ✓// � /' l `,L.F.(236"CULVERTS) 6 �© TEMPORARY IMPACT ��•® `� 350 S.F. 404 ••'• '' o 12 L.F. STREAM LOT FILL 1,564 S.F. \ �.-\ •ice � ®® \� / ' ®® ;,/ \'' MARINA/ENTRANCE HANNEL IMPACTS ` 16,573 S.F. 404 29 L.F. STREAM Total Permanent Impacts to,, 1.76 S.F. COASTAL-'! Wetlands (404) , 19,892 s.f. Wetlands (Coastal) 1,789 s.f. Stmams 28 I.f. RPW 68\ I.f. Total Temporary Impacts to: Wetlands (404) 1,147 \ 61 Streams 12'�I.f. •,` /' �/ Legend D PROPERTY BOUNDARY 00 aranaaIN NOTE 9E CAD FILE FROM PARMOUNTE ENGINEERING. sno.eur... wn.xmx s'd1e : 19 2. NOT A SURVEYED OR ENGINEERED DRAWING. sw. I,= wG16324 3. FOR ENVIRONMENTAL PERMITTING ONLY. ,ps s s rn.. Wae�e my-i .„, „ a,,,,,ws,,. find rv, cumn xwox Ov.,. ' ,e N, NC RPW (WCT QN1 68 L. F - lIx / / O STORMWATER BMP TEMPORARY IMPACT TO INSTALL 60" STORMWATER PIPE 797 S.F. — STREAM (NO IMPACTS) PROPOSED STORMWATER EMP O / i ROAD OSSING IMPACT �1,455 S, E PROFILE of Le end PROPERTY BOUNDARY --------- NOTES: ENGINEERING. y f G Fmle=e shoals Aueve wvmnmm °'n' elwle ro.0 viRle 1. BASE CAD FILE FROM PARMOUNTE 2. NOT A SURVEYED OR ENGINEERED DRAWING. Lcxo .i../upy.ae.e.v,w/lreacl s"�' r=sv e Y NG1fl.3Ja 3. FOR ENVIRONMENTAL PERMITTING ONLY. n p` wepvea impvn 911 fill iJQ/Ilmnplan.WM smsw+bn'T:A�. y LvginelBlO] DBU111 .1-1: GSF neeievmue. Bo110 ieb �Bne'01045pJWi LOT FILL 1,564 S.F. VEGETATIVE BUFFER/ SPOIL DISPOSAL n V' LVI PROPERTY BOUNDARY --------- NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. siwMmleev weumanl 2. NOT A SURVEYED OR ENGINEERED DRAWING. s e. r=co' LMG16324 3. FOR ENVIRONMENTAL PERMITTING ONLY, ypyw,y 3 We1Mne My.n e. 30 {Q wmno2 o Mil2 oa.�o�: sre. xum ieM GbF 90119 - J L: 101BUMF FlL 3-IB-][0-Neill FetThre RU.b CPp1WeWSTIe --dJw -- - _—- --------- NC r IJ ) COASTAL PROPERTY BOUNDARY --------- NOTES: I. BASE GAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. IMF PACTS 1.769 S.F. 1 somata ideas weumw�l� �1B nw 6P we DoUil3 Ge�all3 GSF ml VIVID NC — --- s - ROFILE 1 O 1J I I 4+00 0 M 40 PII PROFILE 1 S.K' 4 +00 0+00 1+00 2+00 3+00 4+00 5+00 6+0 0 3o- 30 TT 21 20 �2 m w` 1 1Q 0 0 d° tp0 ry0 '00 pO N N� N� N� CO P. B NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. ,LMG swan Al leas wemn:wl . NOT ASURVEYED OR ENGINEERED DRAWING. wa =zrazxl ra. sow. NN4LLq MR.- 2 LMGIes]4 3.' FOR ENVIRONMENTAL PERMITTING ONLY. e _ .. �� vwl! PmfiwI GSF 12019 m'. 01045'dJJI LlU �2014U PiILFi:OTIB]3 — mA azbry PE.Olwa RpWe!enal aIWM.dw 30'BUFFER I i I I 30'BUFFER EXISTING GRADE 'I I _ - III- I_ Tt SLOPE UP TO GTING GRADE III I- ]SAEC I fi'WIDE WODDE ACCESSBOARDWALW I_I M — II—I,-1 (dNd) (fi.fiD( III — Ili I I � I —I I CI I I —I I! —I - -LI I CI I I � III-1 IjII— NHW I I � PROPOSED BULK (DEPRIPERCDMRA E40 TOR MLW I III ill I I I —. I FLOATING DOCKS NOT SHOWN I =1f III L III �4II2_�4-�c-=_-.,�,- III iGI III i PROPOBEO BULKHEAD (DEPTH PER CONTRACTOR I —I 11-1 11=1 � 1-I � I—; I I —III —I I I -I I I �T, I —I I T-III=11 ,111=—, ��Ti-III=111-11=1 i I- I I�T-*I 00 0 0 1 0 2 0 3 0 4I0 5 0 6 + `,PROFILE 3 cps + cn I' 1+00 1 1 5 1604 WETLAND LIN �\ NHVix�� �1 � t 0 PROFILE 3 Station 2 +00 0+00 1+00 2+00 3+00 All 1 10 _ CD fl7 O 00 -�oao coo �o c6 I NOTES: fi 111 /.lpsTT-� srene nwm� uiars 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. LlYl� 51'oalsN lea's Walemmm v . 2NOT A SURVEYED OR ENGINEERED DRAWING. LLOY4ume++cAy1 �' ns umee IMctesza 3. FOR ENVIRONMENTAL PERMITTING ONLY. i. wiscwnrncs� is.xx —., r.a F,.w..ne.o ,mw w,.a.ai.,im,seo rm. �y Mgbn NVN emopu i& ee: sou^msi Pmfil.3 �`a"�' CSF 5� 1<019 NHW I I i � MARSH OUTER ED ,JOINT COASTAU404 404 WETLAND LINE WETLAND LINE I I I I II I II I II I I _ PROPOSED BULKHEAD PROFILE 4 MAINTENANCE CHANNEL LIMITS a Is vo ao u' m w 0 Z) in of j 40.00 71 + o I I � t 1+00 i I I I i r MARSH ISLAND I PROFILE 4 Station 0+00 1+00 2+00 MAR I I 3H OUTER EDGE EXISTING GRAI iE I I I -��- 40' WIDE BOX CUT TO -6 MLW \ - WITH ASSUMED 3:1 SLOPE UP TO '- - j. III IlI �� I1 EXISTING GRADE 00 0400 1+ 0 2100 3 r CD NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. El 0 APR 0 4 201 ..w..�N a. w.. NGT NL NC sm. At NNM LM1Ni18.II0 p�plH.� pew: an.wwm.. GSf 16af ip MAINTENANCE CHANNEL o LIMITS PROFILE o o .._.._.. _.._.._. _._ _.._._.._.._. _.._.._.._.._. _.._.._.._.._.._ ..__.._.._.._.._.._.._.._.._,._..___ d ,y 0 0 —_ 1�00 2-00 3+00 4 0 ao-00 SACE SETBACK US ACE NAVIGATION CHA NEC III �n o PROFILE 5 Station +00 0+00 1+00 2+00 3+,00 4+00 5+ 0 m 10 --10 v O _2 00 do "b 0 a NOTES. f Pml�r. oeie: wens aw. ovlene 1. - ' BASE CAD'FIL&ROM PARMOUNTE ENGINEERING. sNab ALLeea walenmm 2. NOT A SURVEYED OR ENGINEERED DRAWING. MxmxpMaAvlxr T sLey- A, W. w LMGIa99a 3. FOR ENVIRONMENTAL PERMITTING ONLY. " ,y YDS WnDMm�4 PIeS YLi T.pO Nmncaanno xauox GSF 18 of 19 Tale Doro:DIDd51�1 ucAunw+e uue rnEmDx.lcam— .rren F.Mnxe,otave.wmwwa�, ai.. mu.earo '... 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EXISTING GRADE POTENTIAL FUTURE DO K AT CHANNEL EDGE RIP RAP I NH W OUTER MARSH EDGE MLW CENTERLINE OF EXIST NG MAINTliINED CHANNEL 40'-WIDE BO K CUT TO-4MLW (EXISTING GRADE) . WITH ASSUMED 3.1 SIDE SLOPES I 00 0 0 1 0 2 0 3 0 4 10 0 -10 0 0 0 NOTES:• •.• e'°M. o.x n�mou� 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. T� fI& smartgteaawamnmm 1tlflg8 2. NOT A SURVEYED OR ENGINEERED DRAWING. iuewwr `_` na Home uimaaza 3. FOR ENVIRONMENTAL PERMITTING ONLY. S® vrae+�e... n.. sss is imBgmn Mvui Gmwna]G Pmrue7 GSF 180119 rt'. BIOd5:AV1 4 OUTER MARSH EDGE y v� b y , -._ �—,CHANNEL MAINTENANCE m - DREDGING LIMITS, \ N PROFILE 7 I aPROFILE 4 Compensatory Mitigation Responsibility Transfer Form Permittee: Logan Development, Inc., D Logan Project Name: Shoals at Lea's Marina SD Action ID: SAW-2018-01501 County:Pender Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USAGE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030001, White Oak River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine I Non -Riparian Coastal 29 0.45 0.04 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030001, White Oak River Basin -Stream Mitigation (credits) i Wetland Mitigation (credits) ' Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 29 0.5 0.04 Mitigation Site Debited: NECFUMB JEAT Tract for stream and riparian mitigation; NCDMS HUC 03030001 for coastal wetland mitigation (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USAGE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USAGE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NECFUMB and NCDMS, confirming their willing and able to accept the applicants compensatory mitigation responsibility, dated 1/25/2019 was included with the preconstruction notification This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest NC27587 (email. todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions maybe directed to the USACE Project Manager below. USACE Project Manager: Emily Greer USACE Field Office: Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Email: emily.c.greer@usace.army.mil GREER.EMILY.C.1385 DN'c-1.1ally 5'o=USbGovernment ou=DoD3ou=00 PKI, 25300 SA, cn=GREER.EMILY.C.1385325300 Dater 2019.04.03 11:40:22 -04'00' USACE Project Manager Signature 4/2/2019 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil RECEIVED APR 0 4 2019 DCM WILMINGTON, NC NORTHEAST CAPE FEAR UMBRELLA MITIGATION BANK Agent: Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Credit Reservation Letter January 25, 2019 D Logan Logan Development, Inc. 60 Gregory Road, Suite 1 Leland, NC 28451 Project: Shoals at Lea's Waterfront (Pender County, NC) Dear Mr. Logan: The Northeast Cape Fear Umbrella Mitigation Bank (Bank) is providing preliminary acceptance to supply mitigation credits for impacts to streams and riparian.wetlands associated with the proposed Shoals at Lea's Waterfront project in Fender County, NC (conditional upon receipt of payment as outlined below). Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type J Credit Source Credits Reserved Fee Per Unit Fee Stream Jeat Tract 58 $507.32 $29,424.56 Non -Riparian Wetland N/A ; ,[------��[.� 0 $60,187.45 $0.00 ' Jeat Tract 0.5 $60,187.45 $30,093.73 rRiparianWetland LJ _ I Total Fee $59,518.29 The Bank will reserve the credits outlined above for a period of up to 90 days from the date of this letter. Please contact us if you need a reservation to extend beyond the 90-day period. Requests -to reserve credits beyond 90 days may require a deposit. Upon request for credit transfer, the Bank will issue an invoice in the amount of $59,518.29. Upon receipt of payment, the Bank will provide an executed Transfer of Credit Certificate for the total amount of credits invoiced and paid for. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at cpreziosi@lmgroup.net. Sincerely, Northeast Cape Fear Umbrella Mitigation Bank Christian,Preziosi Land Management Group (agent) Northeast Cape Fear Umbrella Mitigation Bank c/o Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 ROY COOPER Qo,aren MICHAEL S. REGAN se-st-y TIM BAUMGARTNER Dke D. Logan Logan Development, Inc. 60 Gregory Road, Suite 1 Leland, NC 28451 NORTH CAROLINA Errv4onmwtW OnufnY January 25, 2019 Expiration of Acceptance: 7125/2019 Project: Shoals at Lea's Waterfront County: Pender The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 PermiU401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. if you have any questions or need additional Information, please contact Kelly Williams at (919) 707-8915. Sincerely, 1� Ja es B Stanfill Asse anagement Supervisor cc: Kim Williams, agent RECEIVED APR 0 4 2019 DCM WILMINGTON, NC North C.m'O&M Dcputwnn ofEmawVWtal%"Ity 1 DIAskn of b9notim Sm&t 217 wlw StrW I tb52 MadSmke Cmw I Ra*N North Carolina 2709-14M %q,707897b 7.6 u \ • . a[3VM Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx General Permit No. 198000291 Name of Permittee: General Public Effective Date: January' 01, 2017 Expiration Date: December 31, 2021 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (LAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER,QUALITY CERTIFICATION. THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. Operating Procedures a. Applications for joint state and federal authorization under this programmatic general permit will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic general permit. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the United States, including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional general permit (RGP) or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation and guidance. e. This general permit does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this general permit process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps wilRECEIVED 2 APR 0 4 2019 DCM WILMINGTON, NC typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will famish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. in. No work may proceed under this general permit until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the t v, federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This general permit will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental hnpact Statement (EIS). General Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at hU://www;saw.usace.gM.mil/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this general permit or any Corps approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place, at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Resources. e. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). f. The activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by RECEIVED APR 0 4 2019 DCM WILMINGTON, NC the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. h. The permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the United States to its former conditions. i. This General Permit does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina28403-1343, email: SAWWeb-NAV(cDusace.army.mil. k. The permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. 1. This general permit does not grant any property rights or exclusive privileges. m. This general permit does not authorize any injury to the property or rights of others. n. This general permit does not authorize the interference with any existing or proposed federal project. o. In issuing this general permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this general permit. (4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this general permit. p. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q. No activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) r. This general permit does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries maybe obtained at htto://sanctLiaries.noaa.gov/#MN. RECEIVED APR 0 4 2019 DCM WILMINGTON, NC Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NBPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this general permit, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. No activity is authorized under this general permit which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat. of such species. No activity is authorized under any NWP which "may affect' a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: httn://www.fws.gov/ or htto://www.fws.gov/inac/ or http://www.noaa.gov/fisheries.html . Permittees may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. v. If the permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. w. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood hisurance Program. x. The permittee must install and maintain, at his/her 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 Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterwaysausc2.mil. y. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. z. It is possible that an authorized structure may be damaged by wavewash from passing vessels. The issuance of this general permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. aa. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIW W), will be removed at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. bb. The permittee must maintain any structure or work authorized by this general permit in good condition and in conformance with the terms and conditions of this general permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this general permit will automatically transfer this general permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this general permit and provide the subsequent owner with a copy of the terms and conditions of this general permit. cc. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. dd. Except as authorized by this general permit or any Corps approved modification to this general permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. ee. Except as authorized by this general permit or any Corps approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. ff. Activities which have commenced (i.e., are under construction) or are under contract RECEIVED APR 0 4 2019 DCM WILMINGTON, NC to commenco irtreiianco upon,this get[eral permitwillremain authorizedpruvidedtheiactivi completed vrithlu twelve months of the date of the, genemlpermifi expiration,moditication, rovocadon. ActNiticscompleted undec$teauthorization ofthis general permitti were in eibet at the time, the activity was completed continue to he amhorized by the generalpermit BY AUMORM Ol "TIC SECRETARY OF TMARMY 4. ScOtt;MeT endon, Chief; Regulstory Division Wilmington Distdot 19 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION L- BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION Oft March 29, 2019 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Waters of Lea Island —Lea Marina_Factory Road, SAW-2018-01501 C. PROJECT LOCATION AND BACKGROUND INFORMATION: Form 1. of 2 State: North Carolina County/parish/borough: Pender County City: Hampstead Center coordinates of site (lat/long in degree decimal format): Lat. 34.358840N, Long.-77.694310 W Universal Transverse Mercator: 18 252204.02 3805234.24 Name of nearest waterbody: Onslow Bay Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: AIW W Name of watershed or Hydrologic Unit Code (HUC): New River, 03020302 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form: See Form 2 of 2 D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 7/17/18 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There M"navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ® Waters subject to the ebb and flow of the tide. ® Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There 0 "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r ® TNWs, including territorial seas ® Wetlands adjacent to TNWs ® Relatively permanent waters= (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments ofjmisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 160 (Stream 2) + 27 (RPW 1) = 187 linear feet, 3 feet wide, and/or acres. Wetlands: 0.24 (Wetland A) + 1.55 (Wetland B) + 0.117 (Wetland F) = 1.91 acres. c. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):s ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs RECEIVED APR 0 4 2019 Boxes checked below shall be supported by completing the appropriate sections in Section Ill below. For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuouaaM tivit " "seasonally" (e.g, typically 3 months). sesoGTON, NC Supporting documentation is presented in Section III.F. -2- The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section IILB below. 1. TNW Identify TNW: Atlantic Intracoastal Waterway (AIW W) Summarize rationale supporting determination: The AIW W is a tidal water that has been identified by the Corps Wilmington District as a navigable waterbody and is actively used by the public to access the Atlantic Ocean. 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': Wetland A and F are located along the shoreline of the AIW W and have a direct perennial connection to the TNW. Wetland B has a perennial connection to the AIW W but is separated from the TNW by one roadway with a culvert that direction discharges into the TNW. The wetlands provide marginal functions and values to the TNW due to extensive historical disturbance B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous Bow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section I11.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section RIX below. 1. Characteristics of non-TNWs that flow directly or indirectly intoT,NW (i) General Area Conditions: Watershed size: 50.5 war Drainage area: 0.05 Average annual rainfall: 57 inches Average annual snowfall: 1 inches (it) Physical Characteristics: (a) Relationship with TNW: _ E Tributary flows directly into TNW. ❑ Tributary flows through i 1 tributaries before entering TNW. Project waters are river miles from TNW. Project waters no or Its river miles from RPW. Project waters are r aerial (straight) miles from TNW. Project waters are arm aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to.TNW5: RPW 1/Stream,2 to AIW W (TNW) Tributary stream order, if known: - 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. ' Flow route can be described by identifying, e.g.. tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. -3- (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural - ❑ Artificial (man -nude). Explain: E Manipulated (man -altered). Explain: The tributary is connected to the AIW W through a culvert. Tributary properties with respect to top of bank (estimate): Average width: 3 feet Average depth: 3 feet Average side slopes: Primary tributary substrate composition (check all that apply): E Silts ® Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable Presence of run/riffle/ ool com lexes. Explain: Absent Tributary geometry: Tributary gradient (approximate average slope): 2 % (c) Flow: Tributary provides for: - Estimate average number of flow events in review area/year: Describe flow regime: Other information on duration and volume: Surface flow is: Characteristics: Subsurface flow: _. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks E OIIWMs (check all indicators that apply): E clear, natural line impressed on the bank ❑ changes in the character of soil ❑ shelving E vegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ sediment deposition E water staining ❑ other (list): ❑ Discontinuous OHWM.r Explain: ❑ the presence of litter and debris ❑ destruction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow events ❑ abmpt change in plant community If factors other than the OIIWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Markindicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Water was observed to be clear. No known pollutants. Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): E Wetland fringe. Characteristics: Herbaceous due to continued mowing. RECEIVED 'A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). When there is a break in the OHWM that is unrelated to the Rtr R V sAori01 n regime (e.g.. flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. V YY LL J 'Ibid. DCM WILMINGTON, NC 4- ® Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: Small amphibians and fish species could utilize the resource for habitat at various stages of their life cycles. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: �. Explain: Surface flow is: Characteristics: Subsurface flow: ®. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are river miles from TNW. _ Project waters are aerial (straight) miles from TNW. Flow is from: Estimate approximate location of wetland as within the floodplain. (u) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if an �) All wetlands) being considered in the cumulative analysis: Pf5tt74___! Approximately acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (YIN) Size (in acres) Summarize overall biological, chemical and physical functions being performed: -5- C. SIGNIFICANT NEXUS A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with allof its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ® TNWs: 1,540 linear feet, 40-90 wide, Or acres. ® Wetlands adjacent to TNWs: 1.91 acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Stream 2 is mapped on the USGS and NHD references the stream as having perennial flow. ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: RPW 1 is not mapped on the USGS. Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 187 linear feet 3 wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet, wide. RECEIVED ❑ Other non -wetland waters: acres. 'See Promote 4 3. 0 4 2019 DCM WILMINGTON, NC -6- Identify type(s) of waters: 4. Wetlands directly abutting an RPW that Bow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑, Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they we adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: . acres. 6. Wetlands adjacent to non-RPWs that Dow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED (INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):'" ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within die review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. - ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): , To complete the analysis refor to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Art Jurisdiction Following Rapanos. -7- Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis ofjurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check aB that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans. plots or plat submitted by or on behalf of the applicanUconsultatu: Figure 7a: Post USACE & NC DWR Meeting Sketch, dated September 2018; Wetland Survey, Bert Lea Tract, dated 7/20/18 ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data. ❑ USGS 8 and 12 digit HUC reaps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K; Hampstead, NC ® USDA Natural Resources Conservation Service Soil Survey, Citation: NRCS Web Soil Survey ® National wetlands inventory map(s). Cite name: USFWS Online Wetland Mapper ❑ State/Local wetland inventory map(s): 0 FEMA/FIRM maps: FEMA.gov ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: 0 Aerial (Name & Date): NC One Map, 2016 or ® Other (Name & Date): Current LIDAR data, 2019 ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: RECEIVED APR 0 4 2019 DCM WILMINGTON, NC APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This fomr should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): March 29, 2019 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Waters of Lea Island —Lea Marina —Factory Road, SAW-2018-01501 C. PROJECT LOCATION AND BACKGROUND INFORMATION: Form 2 of 2 State: North Carolina County/parish/borough: Pender County City: Hampstead Center coordinates of site (lat/long in degree decimal format): Lat. 34.358840N, Long.-77.694310 W Universal Transverse Mercator: 18 252204.02 3805234.24 Name of nearest waterbody: Onslow Bay Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Old Topsail Creek Name of watershed or Hydrologic Unit Code (HUG): New River, 03020302 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form: See Form I of 2 D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 7/17/18 SECTION If: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There RM "navigable waters o%the U.S." within Rivers and Harbors Act (BHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ' ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There In "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Requires!] Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non -RP Ws that flow directly or indirectly into TNWs ❑ Impoundments ofjurisdiciional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 643 (Stream 1)+445 (RPW 2) + 113.(RPW 3)+396 (RPW 4)+ 1.98 (RPW 5)+ 152 (RPW 6)+594 (RPW 7) + 716 (RPW 8) + 234 (RPW 9) + 218 (RPW 10) = 3,709 linear feet, 3 wide, and/or acres. Wetlands: 1.54 (Weiland C) + 0.239 (Wetland D) + 0.116 (Wetland E) = 1.90 acres. c. Limits (boundaries) of jurisdiction based on: Deiin tion Invu Elevation of established OIIWM (if known): 2. Non -regulated waters/wetlands (check if applicable): ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs Boxes checked below shall be supported by completing the appropriate sections in Section III below. For purposes of this forrri;'an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months'). r Supporting documentation is presented in Section 111.F. -2- The agencies will assert jurisdiction over TNW& and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section I11.A.1 and Section IH.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HLA.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies willassert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, strip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, slip to Section IH.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IH.B.1 for the tributary, Section IH.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IILC below. 1. Characteristics of non-TNW& that flow directly or indirectly into TNW (i) Cenral Area Conditions: Watershed size: 80.1" Drainage area: 0.18 Average annual rainfall: 57 inches Average annual snowfall: 1 inches (it) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 2 tributaries before entering TNW. Project waters are river miles from TNW Project waters are river miles from RPW. Project waters are aerial (straight) miles from TNW. Project waters are aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TN W I: Onsite waters to ollsite UT (north fork) to Old Topsail Creek to AIW W OR onsite waters to UT (south fork) to Old Topsail Creek to AIW W Tributary stream order, if known: (b) General Tributary Characteristics (check all that aonlv): RECEIVED Tributary is: ® Natural ❑ Artificial (man-made). Explain: APR U 4 2019 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features en tell and in the and West. D6M WILMINGTON, NC ` Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. -3- ® Manipulated (man -altered). Explain: Tributaries flow through culverts under roadways Tributary properties with respect to top of bank (estintate): Average width: 3 feet Average depth: 2 feet Average side slopes: ®. Primary tributary substrate composition (check all that apply): ® Silts ® Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑Bedrock ® Vegetation. Type/%cover: 30%Herbaceous ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable Presence of run/riffle/pool complexes. Explain: Present in Stream I only Tributary geometry: Tributary gradient (approximate average slope): 2 % (c) Flow: Tributary provides for: Estimate average number of flow events in review area/year: Describe flow regime: Other information on duration and volume: Surface flow is: Characteristics: Confined at culverted crossings Subsurface flow: �. Explain findings: ❑ Dye (or other) test perfonned: Tributary has (check all that apply): ❑ Bed and banks ® OHWMI (check all indicators that apply): ® clean, natural line impressed on the bank ❑ changes in the character of soil ❑ shelving ® vegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ sediment deposition ® water staining ❑ other (list): ❑ Discontinuous OHWM.r Explain: ❑ the presence of litter and debris ❑ destruction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow events ❑ abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWAjurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (III) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Water was observed to be clear. No known pollutants. Identity specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, averagewidth): ® Wetland fringe. Characteristics: Herbaceous due to continuous mowing ® Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas: Explain findings: ❑ Other environmentally -sensitive species. Explain findings: 'A natural or man-made discontinuity in the OHWM does not necessarily severjurisdietion (c.g., wherethe stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow I ! ,regime (c.g.: flow ovei ti rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. 4- Aquatic/wildlife diversity. Explain findings: Small amphibian and fish species could utilize Stream 1 as habitat during various stages of their life cycles. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) Genem Flow Relatio i with Non-TNW: Flow . Explain: Surface flow is: _ Characteristics: Subsurface flow: _. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are river miles from TNW. Project watersare aerial (straight) miles from TNW. Flow is from: Estimate approximate location of wetland as within the - floodplain. (il) Chemical Characteristics: Characterize wetland system (e.g., water color is clear characteristics; etc.). Explain: Identify specific pollutants, if known: brown, oil film on surface; water quality; general watershed (III) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if an All wetlands) being considered in the cumulative analysis: Approximately acres in total arc being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts' (Y/N) Size (in acres) Directly abuts? (Y/N) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION Size (in acres) RECEIVED APR 0 4 2019 DCM WILMINGTON, NC -5- A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the How of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: l.. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet, wide, Or acres. ❑ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round arejurisdictional. Provide data and rationale indicating that tributary is perennial: NHD maps Stream I as perennial just offsite; however, the flow regime exists onsite ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: All RPWs are not mapped on USGS or NHD mapping.. Perennial conditions were not observed. Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 3,709 linear feet 3 wide.. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs' that flow directly or indirectly into TNWs. - ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): _ ❑ Tributary waters: linear feet, wide. ❑ Other iron -wetland waters: acres. - Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. "See Footnote # 3. ' 1 -6- 0 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: There is no barrier, berth, or upland exists between Stream 1 and Wetland C. ® Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section BI.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: RPWs 4 and 6 exist within Wetlands C and D, respectively. Wetland E directly connects with RPW 7. No barrier, berm or upland exists between the RPWs and their associated wetlands. Provide acreage estimates for jurisdictional wetlands in the review area: 1.90 acres. S. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWS. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNW9. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general role, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATEi WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY): to ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. - ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule' (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): RECEIVED To complete the analysis refer to the key in Section III.D.fi of the Instructional Guidebook. Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps a Aolq Ift19 review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. DCM WILMINGTON, NC -7- Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis ofjurisdictiion is the MBR factors (i.e., presence of migratorybirds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the `Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres: SECTION IV: DATA SOURCES. A. SUPPORTING DATA., Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figure 7a: Post USACE & NC DWR Meeting Sketch, dated September 2018; Wetland Survey, Bert Lea Tract, dated 7/20/18 ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. - ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K; Hampstead . ® USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey ® National wetlands inventory map(s). Cite name: USFWS Online Wetland Mapper ❑ State/Local wetland inventory map(s): ® FEMA/FIRM maps: FEMA.gov ❑ 100-year Floodplain Elevation is: (National Geudectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): NC One Map, 2016 or ® Other (Name & Date): Current LiDAR data, 2019 ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: SCALE: 1'�600 0 50 SCO I ISW Z000 V _ NOTES 1, AREA CALCULATED BY CWPOINATE METHOD g .�.1 2. HORIZONTAL DATUM (NAG B -2011) AND YEPTCAL (NA`W BB) DATUM MERE ESTABLISHED UTILIZING A TOPCON RIPER-V CPS RECOVER OPERATING IN UPS MODE MIN REPEAT 0950.11ORIS LOTHIN281 44-W15-0000, 3292-9a-QOR6-ODOO, SHEETS 3. ZONING TAKEN FROM PENOEP COUNTY GAS AND IS FOR 32921 4-7189-D%0, 3292-44-4 2-OOW. INFORMATIONAL PURPOSES ONLY. 3292-44-I.-MO. 3292-AA-500A-00 W CURRENT OMIYER: POST I. LEA. JR. ET AL SHEET DB. 9A1, v6C. ISIOU O — - LEGEND: D , NI7 P D.B. SSSA, P0. 22B O.B. 420T. PO 190 O Its IRON PIPE FOUND D.B. 2842, PG 25 _ a P.B. ]0. PG 3O — IRON ROD FOUND L1,1 ZONED: RP (PFNDER COUNTY) SHEET 1 0. IRON ROD SET 0 AREA TABLE404O m PK NOA SETNOTION ¢¢lc NORMAL HIGH NEILANW E 2.107 LF, OR SJ42 SE it= ". - NIGH WATER HE - - 3, LE (INCLUDING SEA WALLS) - - - /Y °• RAl1A0A0 SPIKE IWNO RPNW - wA1FA5 OF lXF V.S. ],09] LE SHEET 12 / 0 NO PONT FOUND/SET STREAMS - 803 L.f. SECnON 10 WATERS 39.011 Sf. q( O.B9] 4L.3 sae CONCRETE MONUMENT FOUND USACP�Qg gry T It -au SECTION ADA M ILAND LINE IS CERTIXi TIES MAA iIGONIS COPY 7 IRIS PLAT ACCURATELY DEPICTS NE -w NORMAL HIGH WATER LINE .01 Oi THE RIR501LnW OF SECTION WA OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON MS DATE. UNLESS THERE IS A CHANCE IN THE LAW OR OUR PUBLISHED REWLATLNS THIS CEIERMINATON OF SECM 404 K` 9") AMINSUICTON MAY BE RELIED UPON FOR A FORM NOT TO E%GEED FW YEARS FR. lHIS DATE. TINS MANUAL. DETERMINATION RAS MADE UTILIZING THE APPROPRIATE REgWAL SUPPLE TO THE INO CORPS OF ENGINEERS METLAND DEVNEAVON v SHEET D.f �C RECU4TORY OFFICIAL .P�ffCC1�t�-M lJ F1CGE�.Glv11 ogInIN 1N'IAeM _ i nitE _ [ L"N"m LYc.I3B31233W H ET8 DAIE_____C ��.Y ON c=US o�US. Wremment T20 oA=PKI,w USA USAGE ACTON 10 EMILYC.11R5325I —�---_ pab. 301900.o11t ]fias a4tltl 1k' yW.ONM.... {i ! _ RVEYORS CERnFIEATION y✓;?Yl coo< 'q '\ T n iiil Tsir: «� 3$ �yd- BC 1. JOSHUA W. TAYLOR, PLS HEREBY CERTIFY THAT THE ME%AND AREAS SAGAN W Q' SEAE�Y' 6_ \ SHEET B M THI] MAP MERE SURMEAD AND PLOTTED FROM REILAND LOCATIONS MARKED IN gyp. THE FIELD BY OTHER PARTIES. NIS CERTIFICATION EXTENDS ONLY TO THE LOCATION �N'TD-5217 , M1s: EE OF WRAN FLAGS E$TA D BY OTHERS. JOSNU LOR iAY. 521]—PpP1EDW N uNM` \ \ SXEETI/ 'COVEa RECEIVED APR 0 4 2019 DCM WILMINGTON, NC M =.IINE SHEET 16 4� x Im i B.mz4.44s 64l '964 3,1GC2615 Lol 'm Y� L5 — ys°� � 1 8 � iid MATCHLINE SXEET2 I WTUI IND SURVFY j BER'PLF%TRAl ......��.v.a YLNOLLMCOV`T; '^. N00.T1GROIlNi4 1 atMi t �i 613335 F.t b�P � �}[ Ni r8 8s 8k% ry�' rr _I� f1li i(Yi MATCHLINESHEET 3 .� Z31A5 E1$O RECEIVED APR 0 4 2919 DCM WILMINGTON, NC SCALE: 1°=50' \ \ o 25 w mo iso zoo - � in MATCHLINE SHEET 2 IPF i— — — — — — — — — — — — — — c����111 e's mo Nfi 'T1e g Y� IP xm ws]wJo `o- SUAC. I A�W r II A41�S'jI _ _ _ _ _ _ _ _ _ _ _ _ _ _ I a `B MATCHLINESHEETII G e]6o SCALE: I'•SV 0 25 5p tv0 150 300 I dug ivl i lFe N y vre,vro'p'. 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'➢IlYR"ei Y-11 E]>t ISFaCUG6YiiZILi ISiCCLI1➢FW6m R:IL'Fn R➢YkI.Yn'EF➢•illii"-i 11ti14GY1k2Yi11]i MZIA111R}yyiy(±i RYLICNYIG C'IikY! k[Yi1:L:iFY€)Y'IffF3Fi NOTE: This 6 act a survey AN boundaries and distances War considered epproxina le. This represents a preliminary sketch prepared from field notes. A survey of delineated areas is recommended prior to specific site planning. This site Was reviewed in the field dv em, Greer of the USACE on 7117118 and Ron Maas of NO 0WR on 7124118. Boundary - 1515 oc Uplands - 146.5 ac (977.1 Section 10 Waters - 1 1 .J - Non -jurisdictional Upland Swale - 0 _ Section 404 Wetlands - 2.7 cc (2%1 Data Point Locations LoCAMA12016 WM4 FILESWY-1&]24 --- Les, Tract. Fackry RC, O LnaeM20111 OeIroN'unlik" SCALE'T �MR1irfEIVE 'Boundaries are approximate and are not meant to be absolute. when printed Lea Tract Pander County, NC September 2018 LMG If 02-16324 3apa WnHntsville Avenue Wnmmslon, INC 2ena3 Figure APR 0 4 POST USACE & NC DWR Meeting Sketch DCM WILMINI .NC Boundary - 152.5 ac Uplands - 146.5 ac f97%1 Section 10 Waters - 1.9 ac f1%1 - Non -jurisdictional Upland Swale -0.4 ac f<7%) = Section 404 Wetlands - 3.7 ac f2%1 ......•••• Normal High Waterline Data Point Locations • Stream Forms NOTE. This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared Imm field notes. Asurvey of delineated areas Is recommended prior to specific site planning. This site was reviewed in the field by Emily Greer of the USACE on 7117118 and Rabb Klaus of NC DWR on 7124118, -AC Ve16 CAHW FILESY02-16-324— Lea Tina Factory as, 0 La9asQ018 Oefmceish Raps SCALE 1"=200' 'Bou j�lades ale approximate and are not meant to be absolute. (when printed at 1I-x17•) Lea Tract L14IG Figure 7a Pander County, NC b as�.:c POST USACE B NC DWR L"ww.lmzmboMaa�' Meeting Sketch •�, September 2018 - 3a05WnghnmlleAvenue loSetl ' LMG#02-16-324 Wilmin6Ron,NC28403 Phone: 910.452,0001 Fax: 910.452.0060 Legend Boundary - 152.5 cc - Uplands - 146.5 ac (9.77p) Section 10 Waters - 1.9 ac (1311 - Non -jurisdictional Upland Swale - 0.4 ac (<17.. - Section 404 Wetlands - 3.7 cc (2%1 """"" Non -Jurisdictional Ditches-1Y?Q� _.._.,_., RPWs- 2,i, 18 ..•.•.•"' Normal High Waterline • Data Point Locations All boundaries and distances are considered approximate. y sketch prepared from field notes. Asulvey of delineated areas is recommended prior to specific site planning. This site was reyiewed in the field 0 by Emily Greer of the USACE on 7117118 and Rabb Mairs of NC OAR on 7124)18. t L1CAa1AQ016 LAMA FILE6102-16-924 ---Lea read. Factory Rd.0 Logiii Oelineatiun\Map5 SCALE 1" = 400' Ar 'Boundaries are approximate and are not meant to be absolute. (when printed et 11°x/7-) �r� eWMM WI Lea Tract LMG Figure Pander County, NC•-•^'- POST USACE & NC DWR . .,, .. -`"' Meeting Sketch September 201E '` ""` Inset -MG #0&16JP4 win.... m[xsnue CM1onm 910452000 Fax'. 910.452.OnG: NC Applicant: Logan Development, Inc., D Logan File Number: SAW-2018-01501 Date: 4/2/2019 Attached is: See Section below F-11 INITIAL PROFFERED PERMIT (Standard Permit or Letter of ennission) A F-11 PROFFERED PERMIT Standard Permit or Letter ofpermission) B F11 PERMIT DENIAL C 01 APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terns and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. if you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline.the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting'the Corps district for further instruction. Also you may provide new information for fw ther consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Emily Greer CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunitX to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily Greer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Ftr=CENED 00 A Z019 OCM WILMINGT0%, NO A DdcuSidhInvelope ID: 0398DOA9-083e-44D3-A306-74CF90FB7892 ROY COOPER tloranar KECHAEL S. REGAN Secretary LINDA CULPEPPER DVeaur Logan Development, Inc. Attn.: D Logan 60 Gregory Road, Suite 1 Leland, NC 28451 NORTH CAROLINA Envlron ental Quality April 2, 2019 DWR Project #2018-1527 Pender County Subject Property: Shoals at Lea's Waterfront Subdivision- Hampstead Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Logan: You have our approval, in accordance with the attached conditions and those listed below to perform maintenance dredging within an existing access channel of approximately 2.9 acres of shallow bottom open water area, excavation of approximately 2.2 acres of highground area, permanent impact of approximately 0.07acres of open water RPW, permanent impact of approximately 0.04 acres of coastal wetlands area, permanent impact of approximately 0.44 acres of Section 404 wetlands area and temporary impact of approximately 0.03 acres of Section 404 wetlands area in order to develop a new subdivision and a community upland marina basin as described in your CAMA application dated October 30, 2018, which was received by the Division of Water Resources (Division) on November 7, 2018, and sequential information received on February 19, 2019, and March 28, 2019. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC 4175). This Certification allows you to use the General Permit No.198000291 permit when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. 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, Water Supply Watershed, 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 ftd D CAMA Permit. APR 0 4 2019 D E DCM WILMINGTON, NC North Carolina Department of Environmental Quaitty '�. Division of Water Resources ig Wilmington Regional Office 1 127 Cardnal Drive Extension I Wllmlrgton, North Carotftw 28405 �'�' 910.796.7215 DowSign Envelope ID: 0398DOA9-083B-44D3-A306-74CF90FB7892 AW4 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 General Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference Open Waters/Shallow Bottom 127,400 sq. ft (2.9 ac.) Sheets 1 through 19 dated Coastal Wetlands 1, 769 sq. ft. (0.04 ac.) revised 2/18/19 Section 404 Wetlands 19,592 sq. ft. (0.44 ac.) (Permanent) Section 404 Wetlands 1,147 (0.03 ac.) (Temporary) Stream Impacts (Permanent) 29 LF Stream Impacts (Temporary) 12 LF RPW 69 LF 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. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise. DocuSio Phvelope ID: 0398DOA9-083B-44D3-A306-74CF90FB7892 4. Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely inspected, and properly maintained, and excavated materials should be contained outside the wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and (c)(3)] 5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. All temporary impacted areas will be restored to pre -construction natural conditions upon completion of the project. Native vegetation shall be used for wetland and stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. Any final construction plans for this project must include or reference the application and plans approved by the DWR under this authorization letter and certification. B. 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. 9. 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. 10. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 11. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fi and the NC Wildlife Resources Commission. Dredging moratoriums observed as required by the NC Division of Marine Fisheries, NC Wildlife ResourWes US Fish and Wildlife and National Marine Fisheries. If such activities shoujl BJQe' Dr WILWNGTON. NC DocuSign Envelope ID: 0398DOA9-083B-44D3-A306-74CF90FB7892 ..: place during periods of high biological activity, biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 12. The construction of the marina facility may not cause any additional closure of shellfishing waters by Shellfish Sanitation as this would be considered a violation of 15A NCAC 02B.201(f) and 15A NCAC 02B.0221(1). [15A NCAC 02B.201(f) and 15A NCAC 02B.0221(1)] 13. 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 permitee/contractor shall immediately contact the Division of Water Resources, 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)(0, and GS 143 Article 21A] 14. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways, utility lines or other development related activities within this subdivision will require a modification of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502] 15 Continuing Compliance: 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 is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,1650 Mail Service Center, Raleigh, NC, 27699- 1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a -written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). DOcuS6gLhnvel0pe ID: 0398DOA9-083B-44D3-A306-74CF90FB7892 A petition form maybe 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 may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: 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 DENR: Bill Lane, General Counsel Department of Environment and Natural Resources 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 Robb Mairs in the DWR Wilmington Regional Office at 910.796.7215 or Robb. MairsPncdenr. og_v. Sincerely, �,,o,"by' Cl�ldYtUa SA Ftln/� E3FBA11AC7DG84... Morella Sanchez King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 Emily Greer - USACE Wilmington Regulatory Field Office -Electronic Copy DWR 401 & Buffer Permitting Branch file-LF Courtney Spears- NCDCM Wilmington Office -Electronic Copy LMG, Inc. c/o Steve Morrison and Greg Finch- Electronic Copy wino vo,NEID pOM 01.M1N�T�N, �'0 !per 7, Zgl0 ' :Mp17AlVOUM; FRO 9ttBJRQT, Applicant; Project Locotion: ROY C00pgR MICHAEL S. REGAN BPAXTvrt DAVIS Courtney Spears, Assistant Major p@rmlts Qoordinator N 21�0 l all Drive g t, WImiMAInBnagamml- gto , NO 384o8 Pf?X; 019=595=9964 (CoudgrW-lo-as) CQIMII a spe9r_0mcdjjnrggy QAMA f oredl7@ Ik Pill Application R@V7@W 490an 09v., Ins. / Shoals at 6c^ Wotcrfront end ofFkterrft, adlaoent to TOPail Soynp 8 AIWW,, in Mampstead, i'endQr Do, Proposed Project: Ow, era new residential subdivision @Pd associptad epiand marina haain Plea@e Indicate below your bgency'ajss position or vi@wpglnt on the propps@� projeot and return this form to Courtnev S -- � t th@ address above by Nev@m or 30, Rol& It you when any qu@stlops r@garding the proposed project, contaot dawn Dail at (91 p) 706-y�79 when aPPr@priate, in-depth comments with 5upportfn9 data is requested: This agency has no objection to the ro @e - - "Additional Comments may be, gttacfhW# t 9s proposed. This agency has no ogmment on the proposed project. This e90noy aPPrav@s of the project only if the recommend@d Ghan9es ar@ inoorporated, Vie@ attach@d, This agency obj@ots to the project for r@@s4ns described in the attached oommants. PRINT NAMR4m— ( AGN4Yiilj !" SIBNATURR 74I!r nrNhnh l:uRdl!!u li+ll!f�nlmPlltdl!71F!Iltf' CrG!aud ��!!W?hYll!9�1 12?4',LrJioalUmvla4117h!!nl&!a6 A6`7!!A03 yty gW, =; 17 ROY COOPER Govvimr MICHAEL S. REGAN Semelary STEPHEN W.MURPHEY Dlrcrtor MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DMF Fisheries Resource Specialist THROUGH: Anne Deaton, DMF Habitat Assessment Coordinator SUBJECT: Final Comments on Logan Dev., Inc. / Shoals at Lea's Waterfront, Fender County DATE: January 15, 2019 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to develop a 119-lot subdivision of single family homes and an associated upland marina basin within the waters of Topsail Sound, Pender County. Additionally, the applicant is proposing to install new bullchead areas along the shoreline of the project and perform dredging along a residential shoreline in addition to the upland marina. The project is in waters classified as SA -outstanding resource waters (ORW) by the Division of Water Resources and are open to the harvest of shellfish. This area is not designated as a primary nursery area (PNA) by the DMF, however, it likely functions as such due to the diversity of complex habitats and shallow water. The project proposes to dredge 1,769 square feet of coastal wetlands and 16,573 square feet of §404 wetlands. The project will dredge 127,400 square feet of open water, and 97,000 square feet associated with the upland basin. The proposed project will incorporate a total of 32,700 square feet of public trust waters. The DMF conducted a site visit on November 14, 2018 and was able to verify the presence of shellfish resources near the dredge footprint of proposed lots 41-49. Large oyster reefs were present in four different locations near the proposed dredge area. The developed shoreline had fringing coastal wetlands intermixed with intertidal oysters. Oysters also occurred along the shoreline of the existing basin. Submerged aquatic vegetation (SAV). occurs on the southeast and possibly northwest side of the marsh islands adjacent to the developed shoreline. Shell bottom is an extremely productive self -building three-dimensional habitat that can be impacted directly and indirectly through dredging and filling, pollution and other contaminants. This vital estuarine habitat is very limited in North Carolina„and substantial effort has been invested by the state of North Carolina to protect and restore shellfish habitat. Shellfish habitat is defined as the presence of live shellfish that historically or currently survive due to favorable conditions (15A NCAC 03I.0101 (4)(f)). Coastal wetlands are considered among the most productive ecosystems in the world (NCDEQ 2015). Coastal wetlands are a productive detritus - based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. Recent research indicates that even narrow fringes of wetlands are essential for fish utilization and erosion control (Whaley and Minello 2002; MacRae and Cowan Statc of North Caralina I Divislon of Mari ie.Fisherles 3441ArendellStrect I R.O.6oa769I Morehe,dCity,NortliCarolina28557 252-T26-7021 2010; Minello et al. 2011; Gewant and Sollens 2012). An estimated 95% of commercial finfish and shellfish species in the US are wetland dependent (Feierabend and Zelany 1987). Species common to coastal wetlands include sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and penaeid shrimp; with a myriad of preyspecies as well. Wetlands can enhance foraging functions of adjacent habitats. The mosaic of wetlands, oyster reefs, and shallow soft bottom habitat together support a high diversity of fish and shellfish, and filter water, enhancing conditions for SAV growth in the vicinity. Proposed lots 41-49 and the Associated Dredee Area: Dredging of the channel along proposed lots 41-49 was not discussed at the July 27, 2018 scoping meeting, so DMF concerns on this component of the project were not discussed. The DMF has serious concerns with dredging along the shoreline of the proposed lots 41-49 due to adverse impacts to fish habitat diversity and function in and near the dredge footprint. If dredging is authorized, a shellfish survey will need to be completed to identify any potential impacts which would affect the shellfish resources near the dredge footprint. Since aerial imagery indicates thatsubmerged aquatic vegetation (SAV) is present in this area, the DMF would also require that an SAVsurvey be conducted. The survey should be completed during the growing season ofApril through October. Shoreline Stabilization• The applicant is also proposing to install a bulkhead wing wall along lots 49 and 50. The shoreline does not show signs of erosion based on historical imagery and site visit characteristics. The wing wall bulkhead will be connected to a proposed bulkhead. The applicant stated at the scoping meeting that efforts would be made to incorporate living shorelines to mitigate the impacts associated with this project. The project area is protected by damaging wave and boat wake from the Atlantic Intracoastal Waterway (AIWW) by marsh islands, and the relatively narrow waters of the canals do not allow a large area of fetch to cause wind and wave damage. Many times, the installation of a vertical structure landward of existing coastal wetlands will cause the loss of wetland habitat due to wave refraction and scour. The particular area already has a combination of coastal wetlands and shellfish protecting and consolidating the shoreline. While the applicant has indicated that they will mitigate the impacts to coastal wetlands through mitigation, minimization and avoidance must be addressed prior to considering mitigative measures. Maintaining wetlands and other natural vegetation along the shoreline can reduce stormwater runoff that can degrade water quality. The DMF would ask that the applicant investigate and provide a non -vertical alternative such as a marsh toe revetment or marsh plantings. Marina Basin and Canal Area: All dredge activities should follow established best management practices to prevent sedimentation and erosion. The resuspension of sediment can create an increase in turbidity that larvae, juveniles, and especially filter feeding species, can be acutely susceptible. An increase in suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and other sessile fauna and flora. Elevated water temperatures reduce dissolved oxygen (DO) concentrations, making the potential for hypoxic conditions from increased turbidity a major concern, even if sediment booms are utilized. If the dredging of the access canal cannot be contained with a turbidity curtain, DMF would request moratorium on in -water work, to include dredging, from 1 April to 30 September, to reduce the negative effects on critical fish life historyfunctions such as spawning and juvenile rearing. Compliance with the dredge moratorium should remain in place in perpetuity for all maintenance dredging that should occur unless turbidity curtains can be implemented. Stored Nort h Cm Mina I Dlvlslon nt Mminr l9sherie5 3441 Arendell Street I P.O. Box 7691 Morehead City, Norlh Carolina 28557 252-726-7021 Cumulative Impact Concerns; Cumulative impact is commonly defined as the impact on the environment that results from the incremental effects of a particular act when added to other acts over a longer timeframe. Though the particular act or impact may be minor by itself, when added to past, present and future impacts the effect can be significant when viewed collectively over time. It is the division's biological opinion that the combination of proposed activities will collectively have a significant adverse impact on the ecological condition of the area. This project will convert 48 acres of forested land to development and remove wetlands via dredging filling, and shoreline stabilization, all of which can adversely impact water quality. Studies have shown that degradation of water quality and aquatic habitat occurs when impervious cover reaches as little as 10% (Arnolds and Gibbons 1996; Barnes et al. 2001; Beach 2002; Mallin et al. 2000; Schueler 1994). As vegetated areas are replaced with built upon areas, the ability of land to absorb storm water runoff is reduced. This results in increased sedimentation of aquatic habitat, reduced water quality through increased nutrient loading such as phosphates, surfactants, fecal bacteria, chlorine, nitrates, nitrates, and suspended sediments (NCDEQ 2016). Increased peak stormwater runoff can also experience rapid salinity changes. Increased sedimentation, degraded water quality and clarity all pose a serious concern to fish, fish habitat, shellfish, and SAV's in the project vicinity. The division has serious concerns that the increase in stormwater runoff from the development and shoreline stabilization, in addition to the marina will lead to increased bacterial contamination over time and a closure of open shellfish harvest waters. There is substantial oyster reef habitat just outside the proposed entrance channel that would likely be affected by any harvest closure. Dredging of the channels and marina basin will permanently alter over 187,414 square feet of existing soft bottom habitat When waters are deepened close to the shoreline, predator protection is abated, primary and secondary production of the benthic habitat is reduced (Wendt et al. 1990), sediment characteristics are altered, and fish species are at greater risk to exposure from degraded water quality conditions, particularly poorly flushed waterbodies such as enclosed marinas (NCDEQ 2016). The additional dredging of 31,120 square feet of shallow bottom in the area adjacent to lots #41-49, in addition to the other dredging and shoreline stabilization, has potential to cause significant cumulative adverse impacts. The proposed estuarine shoreline stabilization will alter the bathymetry and hydrodynamics of the adjacent bottom, with potentially adverse effects on shallow nursery and wetland habitats. Such structures can increase reflective wave energy, causing scouring at the toe of bulkheads, eroding adjacent shorelines, and deepening adjacent water, thus reducing or eliminating wetland vegetation and shallow subtidal habitat, and increasing risk to juvenile fish from predators (Berman et al. 2007; Bozek and Burdick 2005; Riggs 2001; Rozas 1987). Marsh vegetation waterward of bulkheads has been shown to experience up to 63% mortality post -construction due to stress from increased turbulence and scour (Garbisch et al. 1973). Additionally, the increased wave energy from boats utilizing a 75-slip marina will cause further impacts to the shoreline in the project vicinity. The bottom immediately along the edge of the existing basin is shallow with oysters present Benthic productivity would likely be impacted by the dredging. Minimization and Avoidance Measures Due to the cumulative impacts expected from this project, the division objects to the permit application as proposed unless additional minimization and avoidance measures are taken. The division offers the following suggestions to achieve this. 1) Remove the proposed dredging along the open shoreline (lots 41-49). State of Nurth Carolina ! DNislon of Marine FWierin 3441 A,endell Street I VA Box 7b9 i Morehead City. North Carolhw 26551 252-726-7021 2) Reduce proposed shoreline hardening by using non -vertical stabilization along the open southeast shoreline. Natural methods, such as planted vegetation or reef construction, are considered to have the least adverse impact, while vertical structures are generally considered to have the greatest impact (DCM 2006). In a scoping meeting held on July 27, 2018, both the United States Army Corps of Engineers (USACE) and at that time the DCM Fisheries Resource Specialist stated that they would prefer to see the incorporation of living shorelines to minimize the impacts of the project and the USACE even mentioned the possibility of its use for mitigating wetland impacts associated with this project. The final application doesn't mention any attempt to incorporate the use of living shorelines or alternatives to vertical bulkheads in the narrative. The DMF would strongly encourage the investigation and addition of alternative shoreline stabilization methods other than the proposed 2,800 linear feet of new sheet pile bulkhead. This could offset impacts from habitat loss and water quality degradation 3) Restrict docks along the open shoreline (lots 41-49) to observation platforms and eliminate ,dredging along the shoreline. The DMF recommends a deed restriction be placed on lots 41- 49 which would prevent the permitting of any water -dependent structures (observation platforms only) to minimize future impacts to the project area. Restricting boat dockage along this shoreline will not only remove the need to dredge but will aid in preventing further impacts to the nearby fisheries resources. Dredging, boat traffic, shading impacts, storm water runoff, and upland development in this area all have the potential to negatively impact the habitat function. This deed restriction will aid in minimizing overall impacts and avoiding additional impacts in this area specifically. This area provides high quality nursery and foraging habitat because of the combination of shallow soft bottom, fringing coastal marsh and oysters as well as SAV and subtidal shell habitat. While the proposed project would reduce the existing number of water dependent structures along the proposed lots #41-49 from the current 15 to a proposed 9, it should be noted that the creation of an access channel would create an additional 7lots which have the potential to add docking facilities where there are currently only 2. Furthermore, the need to maintain these docks in addition to the 75 slips proposed in the marina basin, does not demonstrate any minimization. The division also supports any additional deed restrictions suggested by DMF's Shellfish Sanitation Section to prevent a closure of waters currently open to the harvest of shellfish. 4) In lieu of #3, restrict docks along the open shoreline (lots 41-49) to fixed platforms only. Additionally, condition stops at 18" above the substrate for any boatlifts. This would eliminate the need for dredging and also prevent any bottom impacts from floating structures. 5) To compensate for the loss of docking along the shoreline, the applicant could include a boat ramp within the upland basin. 6) Condition the permit so that future maintenance dredging be conducted during the October - March dredging window unless turbidity curtains are used. Literature Cited Arnolds, C. L., and C. J. Gibbons. 1996. Impervious surface coverage - the emergence of a key environmental indicator. Journal of the American Planning Association 62:243-258. Barnes, K. B., J. M. M. III, and M. C. Roberge. 2001. Impervious surfaces and the quality of natural and built environments. Department of Geography and Environmental Planning, Towson University, Baltimore, Md. Reach, D. 2002. Coastal sprawl: the effects of urban design on aquatic ecosystems in the United States. Pew Oceans Commission, Arlington, VA. Berman, M., H. Berquist, J. Herman, and K. Nunez. 2007. The Stability of Living Shorelines - An Evaluation. Center for Coastal Resources Management, Virginia Institute of Marine Science, Gloucester Point, VA. Stale of North Carolina I Division of marine rlsheries 7441 Awdell Su ert I P.O. Box 7691 Morehead City. North Girollna 28557 252-726-7021 Boswell, K.M., Wilson, M.P., MacRae, P.S., Wilson, C.A. and Cowan Jr, J.H., 2010. Seasonal estimates of fish biomass and length distributions using acoustics and traditional nets to identify estuarine habitat preferences in Barataria Bay, Louisiana. Marine and Coastal Fisheries, 2(1), pp•83-97. Bozek, C. M., and D. M. Burdick. 2005. Impacts of seawalls on saltmarsh plant communities in the Great Bay Estuary, New Hampshire USA. Wetlands Ecology and Management 13:S53-S68. Feierabend, J.S. and Zelazny, J.M., 1987. Status report on our nation's wetlands. National Wildlife Federation. Garbisch, E. W., P. B. Woller, W. J. Bostian, and R. J. McCallum. 1973. Biotic techniques for shore stabilization. Pages 405-407 in L. E. C. (ed.), editor. Estuarine Research, volume 11. Academic Press Inc., New York, NY. Gewant, D. and Bollens, S.M., 2012. Fish assemblages of interior tidal marsh channels in relation to environmental variables in the upper San Francisco Estuary. Environmental biology of fishes, 94(2), pp.483-499. Mallin, M. A., K. E. Williams, E. C. Esham, and R. P. Lowe. 2000. Effect of human development on bacteriological water quality in coastal watersheds. Ecological Applications 10(4):1047- 1056. Minello, T.J., Rozas, L.P. and Baker, R., 2012. Geographic variability in salt marsh flooding patterns may affect nursery value for fishery species. Estuaries and Coasts, 35(2), pp.501-514. NCDEQ (North Carolina Department of Environmental Quality) 2016. North Carolina Coastal Habitat Protection Plan Source Document. Morehead City, NC. Division of Marine Fisheries. 477 p. Riggs, S. R. 2001. Shoreline Erosion in North Carolina estuaries. North Carolina Sea Grant. Raleigh, NC. Rozas, L. P.1987. Submerged plant beds and tidal freshwater marshes: nekton community structure and interactions. Doctoral dissertation. University of Virginia, Charlottesville, VA. Schueler, T. R.1994. The importance of imperviousness. Watershed Protection Techniques 1(3):100-111. Wendt, P. H., R. F. V. Dolah, M. Y. Bobo, and J. J. Manzi. 1990. Effects of marina proximity on certain aspects of the biology of oysters and other benthic macrofauna in a -South Carolina estuary. South Carolina Wildlife and Marine Resources Department, Charleston, SC. Whaley, S.D. and Minello, T.J., 2002. The distribution of:benthic infauna of a Texas salt marsh in relation to the marsh edge. Wetlands, 22(4), pp.753-766. Contact Curt Weychert at (252) 808-8050 or Curt.WeycherKatncdenr gnv with further questions or concerns. State of North carolina I Division of Marine Fbherirs 3-041 Arendell Street I P.O. Box 7691 Morehead Clly. North Carolina 28557 252.726-7021 4lvc DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Logan Development, Inc. COUNTY: Pender PROJECT NAME: (Filed as) Shoals at Lea's Waterfront LOCATION OF PROJECT: Southern terminus of Factory Rd, adjacent to Topsail Sound and AIW , in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-31-18 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Jason Dad DISTRICT MANAGER REVIEW: %i --Z� B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 11-9-18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE:a MAIL OUT DATE:11-6-18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: W A117VGTON FEE REC'D: $475 #44060 END OF NOTICE DATE: 11-30-18 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 11-30-18 FED COMMENTS RECD: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance Division of Coastal Management-LUP Consistency Public Water Section (DWR) Land Quality Section (DEMLR) Division of Water Resources - 401 Section Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Marine Fisheries - Shellfish Section Division of Highways (NCDOT) Wildlife Resources Commission Local Permit Officer Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM 494 Corps of Engineers - Regulatory Branch _ 17) G i I -MC Division of Coastal Management Major Permit Application Computer Sheet AEC '-^' Fee Schedule �Z;� ?� CDAITS� S<S MAY-,,� Applicant: Lv4,Vw !N , AgenttContracto . Project Site County: llettdzll Staff: District: Wilmington Project Name: � z�i S Wk ,, Rover File: Initial date of application submittal: Date application "received as complete" in thef Field office SITE DESCRIPTIONIPERMIT INFORMATION ORW: es ❑No I PNA: Yes 70o, Photos Taken: Yes No Setback Required (riparian): Yes pNo CriticalHabitat: Yes No LJNot Sure 15 foot waiver obtained: Yes QNo Hazard Votification Returned: Yes o SAV: Yes No of Sure Shell Bottom: 0Yes No Not Temporary Impacts: Yes No Sure Sandbags: Yes No Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: V9 []No No Aes []No Moratorium Conditions: Environmental Assessment Done: [INA Length of Shoreline: Ayes ❑No ❑NA ❑Yes ANo r, 3--2ar� Fr. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open r- Closed A6Z/ ccG SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Urnonium sp.) ❑ (SS) Glasswort (SaWomia sp.) tlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alt rniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) ) s*pa ❑ (JR) Black needlerush (Juncus SP) Salt/meadow grass (Spartina roemenanus) ns) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 Lj III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major Any development involving D&F of permit - $100 permit -$250 a than 1 acre - $475 Permit Transfer - $100 0 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 REGEIVED Major development extension request - II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 NOV 0 9 acre; 3490 can be applied; DCM needs DWOagreement -$400 13CM-MHD CITY Applicant: L�Gi Li.1n V'���(�C'�- l , n L + _ Date: f 19 rikC Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replace Maint ❑ ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N 1 4 7 Z6 New Work Maint ❑ ' Replace ❑ Y ❑ N �L `-f't50 ^ (o Ne Wo New Work Man ❑ ❑ Ylace ❑ N q ( (0 �i New Work Maint ❑ Replace ❑ Y ❑ NNow Work Replace lMaint ❑ ❑ Y ❑ N Z �t a New Work Replace c -FCi Maint ❑ ❑ Y ❑ N � r , I � ri"l_j 111 l 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 Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any _ anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) im adamount) temp impacts) amount Dredge Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both Other ❑ Z lP Z U Dredg r-il*Both ❑ Other 3� l Dredge ❑ -Fill Both ❑ -Other ❑ a Dredge Fill ❑ Both ❑ Other ❑ 3 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 10/12106 Name: L'46V'tti � r ', e— Date: 1,01 , r I �( 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 t Dimension 2 Dimension 3 Dimension 4 One One New WorkA Repl ' Maint ❑ ❑ YceN New Work Repla Maint ❑ ❑ Y New Wodc Replace Maint ❑ ❑ Y N New Work Repl ce / Maint ❑ ❑ Y N (Fj J_ �i New Work(( (v Replace Maint ❑ ❑ Y\A N New Wong Rep ce I Maint ❑ ❑ Y New Work Replace / Maint ❑ ❑ Y New Work la Maint ❑ ❑ Y i New Wo Replace Maint ❑ YXN New Work ❑ F4place Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [:IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New WOAc ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N R CEIVED New Work ❑ Replace Maint ❑ ❑ Y ❑ N o n c.... uun rITV 999.733.2293 :: 9.888.4RCOAST :: www riccoastalmonaeement.ne! revised: 02/28/18 Major Permit Fee Schedule ' ^ I r [ Project Name: �ko0.(S� (fi�g c� County: ?.MC( V, Check No &Amount: ggo®o/`4 7- J VVA&-{,''%'Ct DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) 1. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation f any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filing 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 Certification No. 4144 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) 0% ($0) 111(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) - III(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) 40% ($160) �V IV. Development that involves the filling ` - -----.. and/or excavation of more than one ac of wetlands and/or open water a $475 60% ($285) 40% ($190) RECEIVED NOV 0 9 2018 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. Jt Received Deposited Permit Holder Number amount Number/Comments 10/31/2018 Logan Developers, Inc Logan Wells Fargo 44060 $475.00 major fee, End of Factory Rd - JD rct. 7358 Development, Inc. Bank South Side, Hampstead OnCo SPLIT 60/40 U. 0 w > ? o H U LU W Ix c o> Z U G RECOMMENDATIONS FOR Shoals at Lea's Waterfront — Logan Development Inc 11/5/2018 The total square footage of the proposed upland community marina was calculated as follows: Shoreline length = 1,330 It x 27 ft2 = 35,910 ft2 allowable Floating dock spine, finger piers and tie pilings = 32,714 ft2 Total =—32,714 ft2 It is the opinion of this office that this proposal would be CONSISTENT with the use standards set forth in 7H .0205 (d) "Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. nawgarton cnannels: Poar aocus marinas Piers wharfs and mooring Pilings" The proposed excavation of the area around the existing marina basin area appears to be CONSISTENT with15 NCAC 07H.0208 (b)(1). It is the opinion of this office that the area for the proposed excavation is in an area of fringe wetlands. Although the primary management objective of Coastal Wetlands is conservation, there appears to be no alternative that would avoid the wetland loss and accommodate the upland basin. Additionally, the applicant has designed the upland basin to avoid impacting a larger area of 404 wetlands. Given the amount of adjacent wetlands in the area, it appears that the loss of the fringe wetlands will not have a significant impact on the adjacent wetlands. This office supports the recommendations by the other resource agencies on potential fishery resource impacts and water quality impacts. It is the staffs recommendation that the proposal to construct a community marina are CONSISTENT with the Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas. It is staff's recommendation that the proposal to construct a community marina is CONSISTENT with the Rule in 15 NCAC 7H.0208 (b) (5) and 15 NCAC 7H.0208 (b) (5) (M) which states "marinas shall post a notice prohibiting the discharge of any waste from boat toilets and listing the availability of local pump -out services." As proposed the applicant would display "no sewage discharge" signage and a "pump -out available" signage at the main marina entrance. It is staffs recommendation that the proposal to construct a community marina is CONSISTENT with the Rule in 15 NCAC 7H.0208 (b) (6). It is the staffs recommendation that the shoreline stabilization along the project site is CONSISTENT with the Rules of 15 NCAC 7H.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures states "the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of an area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from unusual geographic or geologic features". It is the staffs recommendation that the shoreline stabilization along the project site is CONSISTENT with the Rules of 15 NCAC 7H.0209. This office has no objection to the proposed work, provided it is consistent with state and federal permitting requirements are met. Any permit issued should include standard conditions for community marinas, shoreline stabilization, and upland development in Estuarine Shoreline/ORW AEC. RECEIVED NOV 0 9 2018 DCM-MHD CITY 0 NORTH CAROLINA Envirom mal Quality November 6, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 ROY COOPER Govenwr MICHAEL S. REGAN Secrerary BRAXTON DAVIS DIreclor. Divbimt gfCoos l Mmngement Re: Major Public Notice for Logan Dev., Inc. / Shoals at Lea's Waterfront - Pender County Hello Angie: Please publish the attached Notice in the Friday, November 9, 2018 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC files Courtney Spears - WiRO Liz Hair - USACE Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance RECEIVED NOV 0 9 A state of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 DCM_MHD CITY I 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 October 31, 2018 Logan Development, Inc. proposed to develop the Shoals at Lea's Waterfront Subdivision, at the southern terminus of Factory Rd., adjacent to Topsail Sound and the AIWW, in Hampstead, Pender County. A copy of this application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) 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 November 30, 2018 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED NOV 0 9 2018 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Logan Development, Inc. c/o Mr. D Logan 2. LOCATION OF PROJECT SITE: Southern terminus of Factory Road, adjacent to Topsail Sound and the Atlantic Intracoastal Waterway (AIWW) in Hampstead, Pender County. Photo Index - 2006: 22-7435 M-T 11-16 Latitude: 34021'14.32" N, Longitude: 77041121,07" W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/18/2018 and 7/27/18 Was Applicant Present — Yes, Agent 5. PROCESSING PROCEDURE: Application Received — 9/6/18 (initial) 10/31/18 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification From LUP — Mixed Used and Conservation (B) AEC(s) Involved: PTA, PTS, EW, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic Planned — Municipal IF) Type of Structures: Existing — soil and paved roads, mobile home park, boat ramp, docks, bulkheads Planned —120 lot S/D with associated roads/infrastructure, clubhouse, bulkheads, rip -rap, upland marina basin, channel dredging (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 1 769 ft2 (coastal) & 16,573 W (404) — marina/ entrance 3,019 ft2 channel (40—lot fill & road crossing (B) Non -Vegetated —127,400 ft2 —32,700 ft2 (incorporated) Wetlands (Open water (C) Other— High Ground —97,000 ft2 —2,900,000ft2 (upland basin) (disturbed) (D) Total Area Disturbed:—2,970,000 ftz (64.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes (adjacent) PROJECT SUMMARY: The applicant proposes to develop a new residential subdivision and associated upland marina basin adjacent to Topsail Sound. RECEIVED Nov 0 9 2018 DCM-MHD CITY Shoals at Lea's Waterfront Page Two 9. PROJECT DESCRIPTION The project site is located along the southern terminus of Factory Road, in Hampstead, Pender County. The property is immediately adjacent to a man-made canal and the Atlantic Intracoastal Waterway (AIWW) in/near Topsail Sound. To locate the project site from Wilmington, take US Hwy 17 north to Hampstead. Approximately 0.15 miles north of the Hwy 210 and US Hwy 17 intersection turn right onto Factory Road. The project site is located at the terminus of Factory Road along the southern side. The property is relatively flat with average elevations of approximately 15 feet above the elevation of Normal High Water (NHW). The 68.36 acre parcel was the location of farm land which historically produced peanuts, corn, and cotton. A portion of the land was cleared in the mid-90s by the United States Forest Service (USFS) and planted with loblolly pines which still exists over much of the parcel (See Narrative). The remainder of the parcel contains a large mobile home park. Approximately 15 of the existing mobile homes have private docking facilities along the AIWW. Upland vegetation is primarily loblolly pine (Pinus taeda); however, species such as American Holly (Ilex opaca), Live Oak (Quercus virginiana), Sweet Bay (Magnolia virginiana), Hickory (Carya sp.), Yaupon (Ilex vomitoria) also exist along the upland. In the area of the mobile home park vegetation is primarily lawn grass which transitions to Coastal Wetlands consisting primarily of Saltmarsh Cordgrass (Spartina alterniflora), Black Needlerush (Juncus roemeranus), Spike grass (Distichlis spicata) and Cat tails (Typha sp.). A Coastal Wetland and NHW delineation was approved by DCM. The application states a Jurisdictional Determination (JD) from the US Army Corps of Engineers is forthcoming. There are several streams on the property which have been delineated by the Division of Water Resources. There is an existing basin area which has a portion of the shoreline stabilized by bulkheads and a few private docking facilities. The project site is bordered to the north and south by residential properties. Permit History: The proposed project is within a parcel historically owned by the Lea Family. Logan Development, Inc. with D Logan as the registered agent, is currently under contract to purchase the property (See Purchase and Sale Agreement). The Lea Family (Bert Lea) was issued State Permit No. 71-83 and 169-89 for maintenance excavation of an existing boat basin and access channel that led to the AIWW and Topsail Sound. The authorized final project depths were -5' at mean low water (MLW) (71-83) and -4' at MLW (169-89). State Permit No. 71-83 also authorized the placement of the hydraulically excavated material to be located on the Lea property in a diked disposal area. State Permit No. 71-83 expired on December 31, 1986 and State Permit No. 169-89 expired on December 31, 1992. Dorothy Medlin was issued General Permit 52401-D and 52567-D on 10/3/08 and 4/30/09 respectively, for development of private docking facilities at 1630 Factory Road, which is located within the mobile home park. A permit was also issued to Romulus McCoy for replacement of a floater at 1630 Factory Road on 3/30/05. The waters adjacent to the project are classified as "SA-ORW" by the Division of Water Resources. The area within Topsail Sound is NOT designated as a Primary Nursery Area by the Division of Marine Fisheries. The waters of the AIWW/Topsail Sound are OPEN to the harvesting of shellfish. Pender County's Land Use Plan (LUP) classifies the upland areas as limited transition and all other areas as Conservation; however, the Land Use Plan includes all Areas of Environmental Concern (AEC) as well as the 404 wetlands in the Conservation class. RECEIVED NOV 0 9 2018 DCM-MHD CITY Shoals at Lea's Waterfront Page Three PROPOSED PROJECT The applicant proposes to develop a new residential subdivision and associated upland marina basin adjacent to the AIWW and Topsail Sound. The applicant is requesting a new major permit to allow for the expansion of an existing access channel/basin into a highground marina with associated bulkhead, floating docks, and clubhouse to accommodate a Plan Use Development (PUD) consisting of a 119 lot, single-family residential subdivision (Shoals at Lea's Waterfront). A full inter -agency scoping meeting with the applicant and agent(s) was held at the Wilmington Regional Office (WiRO) on July 27, 2018. A second scoping meeting was held between the applicant, agent(s), Division of Marine Fisheries - Shellfish Sanitation and DCM on September 6, 2018, to discuss issues related to shellfish concerns. The application states that a Stormwater Plan and Sedimentation and Erosion Control Plan will be obtained (see Narrative), but no plans have been submitted yet (see MP-3). The application states that all current docking facilities on the parcel would be removed. Excavation: The application states a new access channel, measuring approximately 300' in length by 85' in width to a final project depth of -6' at MLW would be excavated towards the west through high ground area, extending from the north end portion of the existing boat basin. The application states the proposed excavation in this area would permanently impact approximately 1,769 ft2 fringing coastal wetlands. To create the upland 75-slip marina basin, the existing high ground area on the northwest corner of the proposed access channel would be excavated in an area measuring approximately 367' in length by 264' in width to a final project depth of -6' at MLW. The application states the dredging limits to the rear corners of the new basin would taper to a -5' @ MLW. The final project depth would be -6'at MLW, which would connect to the AIWW with existing water depths of greater than -6' at MLW. The existing marina basin, which varies in width from 70' to 91.5' and measures approximately 400' in length, would also be excavated to a depth of -6' at MLW. From the existing basin to the AIWW the applicant proposes to dredge a channel measuring approximately 965' in length and 40' in width. The applicant also proposes to excavate a channel measuring approximately 778' in length by 40' in width to a depth of -6' at MLW from the entrance channel of the existing basin running north along the existing private docking facilities currently at the mobile home park. The application states that prior to connecting the basin with the open water, material dredged from the open water channels would be pumped into the excavated basin for settling (See Project Narrative). The application states that both hydraulic and mechanical dredging would be used (see Narrative and MP-3) to accomplish this phase of the project. During the excavation/construction process there would be temporary impacts to 350 ftz of 404 wetlands and 12 linear feet of stream (see Sheet 7 of 17). Following dewatering, material pumped into the excavated basin would be mechanically removed and spread on -site. Shoreline Stabilization: The shoreline of the proposed upland access channel and marina basin would be stabilized with approximately 2,800 linear feet (LF) of new sheet pile bulkhead, located along the NHW line. Marina: The application states that the marina would be positioned so that there would be at least 325' from the current open shellfish waters to the basin. The upland basin would be designed to accommodate 75 vessels with a typical boat length of 35'. A 6' boardwalk would be installed just landward of the bulkhead around the perimeter of the marina basin. Two access ramps from the clubhouse area, located along the northwest edge of the basin, would lead to the boardwalk. The southernmost access ramp, from the clubhouse area, would lead onto a floating dock (B) measuring approximately 255' in length and extending perpendicularly from the bulkhead. The first 44' of this float would measure 17' in width and the remainder would measure 6' in width. At the terminus of "Dock B" would be a perpendicular finger pier measuring approximately 68' in length by 6' in width. Along the northern and southern edge of Dock B would be fourteen (14) finger piers measuring 30' by 4.5' eRE1GEftQPWed equally to create 36 slips (slip #21-56). NOV 0 9 2018 DCM-MHD CITY Shoals at Lea's Waterfront Page Four There would be two additional finger piers measuring approximately 25.5' by 4.5' each on each side of Dock B nearest to the bulkhead. There would be 16 tie pilings associated with the slips on Dock B (see Sheet 4 of 17). Along the eastern edge of the marina basin would be "Dock C", measuring approximately 360' in length which would be accessed via a ramp from the southeast corner of the marina basin. The first 47.5' of the eastern floating dock would be approximately 10.5' in width and the remainder would be 6' in width. Along the southeast marina basin wall, perpendicular to Dock C, would be a floating finger pier measuring approximately 72' by 6' which would create a large slip (#75) which would also include a kayak launch consisting of two finger piers, one measuring 32.5' by 3.5' and one measuring 17.5' by 3.5' (see Sheet 4 of 17). Moving landward along Dock C, there would be one finger pier measuring 41.5' by 4.5' (slip #74), and the next finger pier would measure 40' by 4.5' (slip #73). Along the remainder of Dock C would be eight (8) evenly spaced finger piers measuring 35' by 4.5' each which would create slips #57-72. There would be 10 tie pilings associated with slips #57-75. Along the western edge of the marina basin there would be "Dock A" which would mirror the configuration of the eastern floating dock. Dock A would be accessed by a ramp from the southwestern corner of the marina basin. The only difference is that there would be no kayak launch, which would make room for an additional slip. Slips #1-20 would be located along this floating dock. A total of 36 tie pilings would be associated with the 75-slip marina facility (see Sheet 4 of 17). The application states that a pump -out facility would be located along Dock C, near the kayak dock. The application also states that signage for the pump -out and a "no sewage discharge" sign would be located at the main marina entrance dock (see MP-4). To satisfy concerns raised by the Division of Marine Fisheries Shellfish Sanitation related open shellfish waters in the vicinity, the applicant proposes deed restrictions/restrictive covenants on the lots along the entrance canal which would limit the total number of slips to ten (10). The first four lots just outside the marina (58, 59, 66, and 67) would be restricted entirely from having any boat slips. Lot 57 would be restricted from having a slip along the northern 33' of shoreline but would be allowed one slip otherwise. Lots 50 to 56 would be allowed one slip each. There would be one slip each allowed on the Lea property and Medlin property that make up the southern shoreline of the entrance channel (see Narrative and Sheet 5 of 17). Upland Development: The applicant proposes to develop a 119-lot subdivision and associated community amenities adjacent to a new marina facility. The application states that the approximately 68- acre tract would be subdivided into 119 individual single-family lots with approximately 1.76 units per acre. A network of infrastructure including sewer and water supply, private roads, boardwalk around the proposed marina and associated amenities and kayak storage but would be provided to the residents of the subdivision. The southeasternmost portion of the site is located within the 575' ORW Area of Environmental Concern (AEC), and the application states that less than 25% of the AEC would be covered with impervious surfaces associated with the new development. No dwellings or footprints are proposed at this time. The proposed access channel and marina basin would create a future 75' Coastal Shoreline AEC and the associated 30' buffer. The application states that the proposed impervious area within the future 75' Coastal Shoreline AEC would be less than 30%, but no specific footprints are provided, except for the clubhouse area. The property owners would be required to obtain individual permits from the local level for individual dwellings. The application states that a State Stormwater Permit and a Sedimentation and Erosion Control Plan would be submitted to the N.C. Division of Energy, Mineral and Land Resources (NCDEMLR). The application states that water supply services would be provided by county water system and sewer would be pumped by a pump station to an offsite municipal treatment plant (See MP-4, Narrative). RECEIVED NOV 0 9 7018 DCM-MHD CITY Shoals at Lea's Waterfront Page Five The application states that one (1) road crossing, including two (2) 36" culverts, would impact 1,455 ft2 404 wetlands. There would also be a pond equalization pipe (one (1) 60" pipe) that would temporarily impact approximately 797 ft2 404 wetlands. There would also be temporary impacts to 68 linear feet of a stream on lot 112. There would be fill of approximately 1,564 ft2 of 404 wetlands to develop lot 75. The application states that the marina was positioned to avoid the longest of the three (3) 404 wetland fingers (see Narrative and Sheet #1 of 17). With exception of the walkway/boardwalk surrounding the marina basin and the proposed uncovered kayak "hut" or "open pergola', there would be no development within 30' of the normal high-water line. Mitigation: The application states that approximately 1,769 ft2 of Coastal Wetlands would be permanently impacted (excavated) for the expansion of the existing basin, consisting primarily of Smooth Cordgrass (Spartina altemiflora) and Salt Meadow Grass (Spartina patens). The proposed marina and upland development would also permanently impact 19,592 ft2 of 404 wetlands, 29 linear feet of streams, and 69 linear feet of RPWs. There would also be temporary impacts to 1,147 ft2 of 404 wetlands and 12 linear feet of streams (see Narrative and Sheet 7 of 17). The application states that the marina was positioned to avoid the longest of the three (3) 404 wetland fingers (see Narrative). The applicant proposes mitigation for the wetland and stream impacts using the Northeast Cape Fear River Umbrella Mitigation Bank (see Narrative). 10. ANTICIPATED IMPACTS The proposed maintenance excavation of the existing access channels from the existing boat basin and along the southeastern shoreline would impact approximately 89,360 ft2 of shallow bottom area, previously impacted under State Permits No. 71-83 and No.169-89. The proposed new basin expansion and access channel with associated bulkhead would disturb approximately 131,088 ft2 (3.0 acres) of an upland area. This would result in the removal of approximately 8,638 cy of material from the existing access channels and approximately 126,081 cy of highground material, which would be used on site for grading and filling. The proposed excavation within the existing basin area would impact approximately 1,769 ft2 of Coastal Wetlands, which consists primarily of Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina alteriflora). The proposed floating structures for the basin would incorporate approximately 32,714 ft2 of newly created Estuarine Waters and Public Trust Area. As proposed, the proposed marina configuration would accommodate up to 75 permanent vessels in waters dredged to -6.0' @ MLW. The application indicates that the marina would be located 325' from open shellfish waters to avoid a closure, and deed restrictions/restrictive covenants placed on the marina entrance channel lots to limit the number of slips to ten (10) (see Narrative and Sheet 5 of 17). The application states that the total upland disturbance from the development would be approximately 65.04 acres. The proposed marina and upland development would also permanently impact 19,592 ft2 of 404 wetlands, 29 linear feet of streams, and 69 linear feet of RPWs. There would also be temporary impacts to 1,147 ft2 of 404 wetlands and 12 linear feet of streams (see Narrative and Sheet 7 of 17). The application states that the marina was positioned to avoid the longest of the three (3) 404 wetland fingers (see Narrative). The applicant proposes mitigation for the wetland and stream impacts through the use of the Northeast Cape Fear River Umbrella Mitigation Bank (see Narrative). According to the site drawings, approximately twenty (20) lots along the eastern portion of the new subdivision, roads, a cul-de-sac, and sidewalks would be partially located within the 575' AEC. The application indicates that less than 25% of the SA-ORW shoreline would be covered by built upon area and that the proposed impervious area within the future 75' Coastal Shoreline AEC would be less than 30%. The 68-acre tract would be subdivided into 119 single-family lots, approximately 1.76 units per acre. No dwellings are proposed at this time, and the individual property owners would be required to obtain individual permits RECEIVED NOV 0 9 Shoals at Lea's Waterfront Page Six from the local level prior to construction. Minor turbidity increases may be expected during the construction process. Lastly, with exception of the walkway/boardwalk surrounding the marina basin and the proposed uncovered kayak "hut" or "open pergola", there would be no development within 30' of the normal high- water line. The applicant has completed a Phase I Archaeological Site Assessment and has provided the findings/information to the State's Historic Preservation Office. The assessment (identified as project no. ER18-1509) does not appear to report any findings of significance. A complete and thorough assessment should be received and approved by SHPO prior to any ground disturbing activities. Submitted by: Jason Dail Date: November 5, 2018 Office: Wilmington RECEIVED qv 0 g 2018 DCM-MHD CITY 6. DCM MP-1 Section 6.0 Additional Information 6.1 Section 6. a. Project Narrative The property consists of approximately 68.36 acres along the south side of Factory Road in Hampstead on Topsail Sound with access to the Intracoastal Waterway. Current uses of the property are as a tree farm and mobile home park. According to the current owner, past property uses included the farming of peanuts, corn and cotton. The trees were cleared in 1995 by the Forest Service and replanted in loblolly pine. The property is zoned RP and the development is an acceptable use within that zoning. The water quality classification along the shoreline is SA with ORW waters located further offshore. The waters are open to the harvest of shellfish for human consumption. This location is not mapped as Primary Nursery Area. Dredged boat channels are located parallel to the shoreline with a connecting dredged channel to the Intracoastal waterway. An existing boat ramp is located at the upper end of a dredged canal that extends into the property. The canal features bulkheads on either side with private docks. There is an existing mobile home park at the eastern end of the property with numerous private docks. Bulkheading is proposed along the north side of the canal channel shoreline, new marina entrance channel and around the marina basin. The residential development will consist of 119 lots. Stormwater treatment for the project will be engineered and feature wet detention and infiltration areas. State stormwater permitting and sedimentation/erosion control permitting will be obtained. Sewer service will be provided by Old North State Water Company. Their letter of intent to supply sewer service is attached in Appendix B. The proposed inland basin marina will have a final depth of -6' mean low water and feature 75 wet slips and kayak launching area for future community residents. The marina basin will be excavated first and prior to connecting the basin with the open water, material dredged from the open water channels will be pumped to the excavated basin for settling. The existing dredged channel leading from the upper end of the existing canal to the Intracoastal Waterway will be hydraulically dredged to a depth of -6' mean low water as well as the shore -parallel channel north of the existing canal. Channel bottom widths will be approximately 40' in the open water and widen up to 92' between the bulkheads lining the entrance channel to the basin. Excavated basin and new entrance channel material will be stockpiled then used for landscaping and the formation of planted berms in common areas and vegetative buffer. The marina will be positioned so that there will be at least 325' from the current open shellfishing waters in the upper end of the existing canal to the first slip in the basin. This will avoid any shellfishing closure in the open waters. Through coordination with the Shellfish Sanitation Office, no boat slip in the entrance channel will be permitted within a distance of 200' as measured from the first boat slip in the marina basin. As a precautionary measure, deed restrictions relating to boat slips along the entrance channel will be placed on the following properties: Lots 58, 59, 66 and 67 — No boat slips allowed Lot 57 — No boat slip allowed on the northern 33' of shoreline on Lot 57 Lots 50 to 56 — no more than one slip per lot Lea and Medlin properties entrance channel frontage — no more than one slip per property. The attached draft deed restrictions will be recorded for the subject properties upon LAMA permit issuance (Appendix Q. A field delineation of 404 wetlands, coastal wetlands and the normal high water line has been performed on the property. Corps of Engineers Regulatory staff has inspected and approved the 404 wetland delineation in the field. A Corps Jurisdictional Determination (JD) will be forthcoming. DCM staff has approved the delineated coastal wetland and normal high water lines. A narrow area of coastal wetlands will be crossed by the new entrance channel to access the inland basin. The basin itself has been positioned to avoid significant impacts to the longest of the three 404 wetland fingers in this area. A 29 If segment of stream within the 404 wetlands will be permanently impacted by the entrance channel to the lap CAMShoals Application p lli stion for Waterfront or Development Permit — September 2015 - Revised October 201LB RECEIVED DCM 'ActtIWILMINVED NC at Hampstead, Pender County, North Carolina lair 31 2018 Nov 0 9 2018 nr.e_Aeun nrry inland basin. Elsewhere in the development, permanent 404 wetland impacts have been minimized to provide for two road crossings. Permanent fresh water wetland impacts will total 19,592 s.f. and RPW impacts will total 69 Lf. Permanent coastal wetland impacts from the entrance channel will total 1,769 s.f. The applicant is proposing mitigation for the minimized wetland and stream impacts through the use of the Northeast Cape Fear River Umbrella Mitigation Bank. A summary of both permanent and temporary impacts is in the following table. Total Permanent Impacts to Wetlands (404) 19,592 s.f. Wetlands (Coastal) 1769 s.f. Streams 29 Lf. RPW 69 Lf. Total Temporary Impacts to: Wetlands (404) 1147 s.f. Streams 12 Lf. 7. DCM MP-4 Supplement Dock A Dock B Dock C Length Width Length Width Length Width Number Number Number Docks 1 313 6 1 213.5 8 1 313 6 1 47.5 10.5 1 44.5 17 1 47.5 10.5 1 68 6 Number Number Number 8 35 4.5 2 25.5 4.5 8 35 4.5 1 40 4.5 14 30 4.5 1 40 4.5 Fingers 1 41.5 4.5 1 72 6 1 72 6 1 36 3.5 1 17.5 3.5 RECEIVED NOV 0 9 2018 DCM-MHD CITY LAMA Application for Major Development Permit — September 2018 - Revised October 2018 DCM KECEIVED Shoals at Lea's Waterfront WILMINGTON, NC Hampstead, Pender County, North Carolina 19," 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Logan Development, Inc. Shoals at Lea's Waterfront Applicant 1: First Name MI Last Name D Logan Applicant 2: First Name MI Last Name NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 60 Gregory Road, Suite 1 Leland NC ZIP Country Phone No. FAX No. 28451 USA 910-452-7175 NA Street Address (if different from above) City State ZIP NA Email dlogan@loganhomes.com 2. Agent/Contractor Information Business Name Land Management Group, Inc. Agent/ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2: First Name MI Last Name Steve Morrison Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No.1 e No. 2 28403 910-452-0001 ext. NA ext. NA r FAX No. Contractor # NA NA Street Address (if different from above) City State ZIP NA Email gfinch@lmgroup.net; smorrison@lmgroup.net RECEIVED OCT S , <A LAMA Application for Major Development Permit — September 2018 - Revised October 2018 Shoals at Lea's Waterfront Hampstead, Pender County, North Carolina NOV 0 9 2018 2 C DCM-MHD CITY 3. Project Location County (can be multiple) Street Address State Rd. # Pender Factory Road NA Subdivision Nanw City State Zip : :5kWtS& (RDS V✓cL+cd+Frr VTF- Hampstead INC 28443 Phone No. Lot No.(s) (if many, attach additional page with list) NA 119 proposed 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. Pender County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) —1,330 Ift +/- 68.36 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 11,250sf-35,000sf NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0-30' ®NHW or ❑NWL e. Vegetation on tract Loblolly pines, assorted hardwoods, shrubs and lawn grasses. f. Man-made features and uses now on tract Soil and paved roads, mobile home park, boat ramp, boat docks, bulkheads. g. Identify and describe the existing land uses adfacent to the proposed project site. Residential h. How does local government zone the trail? i. Is the proposed project consistent with the applicable zoning? RP, residential performance (Attach zoning compliance certificate, if applicable) SYes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. SYes ❑No ❑NA If yes, by whom? Submitted to SHPO 10/4/18 by Archaeological Consultants of the Carolinas, Inc. I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes SNo []NA Register listed or eligible property? DCM WILMINGTON, NO RECEIVED qTT CAMA Application for Major Development Permit — September 2018 - Revised October 2018 Shoals at Lea's Waterfront Hampstead, Pender County, North Carolina 9 1, 8 DCM-MHD CITY 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. Onsite septic systems o. Describe existing drinking water supply source. County water p. Describe existing storm water management or treatment systems. Swale conveyance, no treatment systems 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 applicant proposes to develop a residential community with marina and amenities. 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. Standard construction methodology and construction equipment to be stored on site during development. d. List all development activities you propose. Residential community development including roads and infrastructure with marina, clubhouse, amenities, channel dredging, bulkheads. 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? 65.04 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes SNo []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing swale conveyance to streams/wetland areas. Proposed impervious runoff will be piped or sheet flow to stormwater wet ponds/infiltration areas and be discharged in accordance with state rules to existing drainage outfalls. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes SNo [:]NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No SNA j. Is there any mitigation proposed? SYes ❑No ❑NA If yes, attach a mitigation proposal. See project narrative RECEIVED RECEIVED OCM WILMINGTON, NC T31 LAMA Application for Major Development Permit — September 2018 - Reviseg4"I*1929t48 Shoals at Lea's Waterfront Hampstead, Pender County, North Carolina DCM-MHD CITY 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 to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, 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 Dorothy Medlin Phone No. NA Address 209 Leas Lane, Hampstead, N.C. 28443 Name Reba Avery Phone No. NA Address 7231 Masonboro Sound Road, Wilmington, N.C. 2a409 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrmittee, and issuing dates. Corps permit 31-69, Bert Lea, 6/2/69; CAMA permit 71-83, Bert Lea, 6/3183; CAMA permit 169-89, Bert Lea, 8116189 h. Signed consultant or agent authorization form, if applicable. L 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 I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 10/30/2018 Print Name: lGreFinch Aizent, Land Management Group, Inc. Signature Jr 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 [)CM WILMINGTON, NC RECEiyFn OCT 3, %ij18 LAMA Application for Major Development Permit — September 2018 - Revised October 2018 Shoals at Lea's Waterfront Hampstead, Pender County, North Carolina NOV 0 9 2018 5 DCM-MHD CITY 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Other Channel Canal Boat Boat Rock Rock (excluding (NLW or Basin Ramp Groin Breakwater shoreline NWL stabilization) Length 2,123' 367' Width 40'-92' 264' Avg. Existing -3'-+20' +20' mlw NA NA Depth mlw Final Project -6' mlw -6' mlw NA NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards.-8,638cy Sand c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 1.769 sf ❑SAV _ ❑S8 OWL 16,573 sf ❑None (ii) Describe the purpose of the excavation in these areas: Inland marina basin excavation, entrance channel d. High -ground excavation in cubic yards. 126,081 cy 2. DISPOSAL OF EXCAVATED MATERIAL []This section not applicable a. Location of disposal area. High ground on -site b. Dimensions of disposal area. Greater than 10 acres c. (i) Do you claim title to disposal area? ®Yes [-]No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (Cw), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: NA. d. (i) Will a disposal area be available for future maintenance? []Yes ®No []NA (ii) If yes, where? NA f. (i) Does the disposal include any area in the water? []Yes ®No ❑NA (ii) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, INC OCT 31 2018 RECEIVED DCMWILMInI(= N,NC LAMA Application for Major Development Permit -September 2018- Revised October 2018 71 Shoals at Lea's Waterfront NOV 0 9 2018 Hampstead, Pender County, North Carolina 6 DCM-MHD CITY 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: C. Average distance waterward of NHW or NWL: 0' e. Type of stabilization material: Sheet pile, -riprap g. Number of square feet of fill to be placed below water level. Bulkhead backfill NA Riprap NA Breakwater/Sill NA Other NA i. Source of fill material. Contractor supplied riprap b. Length: 2800' Width: 1.5' d. Maximum distance waterward of NHW or NWL: 0' f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. Amount unknown h. Type of fill material. NA 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ®No ❑NA b. (i) Will fill material be placed in coastal wetlandstmarsh If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Bulkhead, silt fencing, inlet and outlet protection, sediment basins, standard erosion control practices (GW), 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 ZWL 3.019 sf []None (ii) Describe the purpose of the fill in these areas: One interior road crossing and lot fill. See sheet 7 of 17. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Backhoe, bucket to barge excavation and hydraulic dredge. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to ❑Yes ®No ❑NA project site? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or NA minimize environmental impacts. NA Date 10/30/2018 Project Name Shoals at Lea's Waterfront RECEIVED DCM WILMINGTON, NC .Applicant Namc Logan Development, Inc. OCT 31 2019 Applicant tiiknaturc n Greg Finch, Agent, Land Management Group, Inc. RECE D DCM WILM Ir.TON, NC RECEIVED CAMA Application for Major Development Permit —September 2018- Revised October 2018 Shoals at Lea's Waterfront NOV 0 9 2019 Hampstead, Pender County, North Carolina 7 DCM-MHD CITY 3. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 119 residential lots 119 residential homes, clubhouse, marina facility Density (give the number of residential units and the units per acre). 119 residential units, 1.76 units per acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA to be submitted (ii) If yes, list the date submitted: d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. —65.04 acres f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete, asphalt g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit be covered by impervious and/or built -upon surfaces, such as may also require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the or parking. Division of Water Quality for review? Less than 30% or engineered/permitted amount within 75' coastal shoreline AEC Less than 25% within 575' ORW coastal shoreline AEC i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 40% j. Describe proposed method of sewage disposal. Gravity to pump station to force main to off site treatment plant (Old North State Water Co. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall commercial effluent, "wash down" and residential discharges). Limited surface runoff, treated residential stormwater ❑Yes ®No ❑NA to be submitted (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative slormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. DCM WEC ILM NIGTON, NC OCT 31 2018 RECEIVED LAMA Application for Major Development Permit — September 2018 - Revised October 2018 Shoals at Lea's Waterfront NOV 0 9 2018 Hampstead, Pender County, North Carolina DCM-MHD CITY m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) County water system o. When was the lot(s) platted and recorded? Not platted yet, in review with Pander County Planning 10/30/2018 uar, Shoals at Lea's Waterfront hr..ira Logan Development, Inc. Applicant Name -)r--r 70 Applicant Siymat urc n. (i) Will water be impounded? Dyes ®No ❑NA (ii) If yes, how many acres? N/A p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ®Yes ❑No ❑NA Greg Finch, Agent, Land Management Group, Inc. RECEIVED LAMA Application for Major Development Permit — September 2018 - Revised Oct"2e13 2018 Shoals at Lea's Waterfront Hampstead, Pender County, North Carolina DCM-MHD CITY DCM WEC � NIGTON, NC OCT 31 2018 W 4. 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) III) Number See MP4 supplement (iii) Length _ (iv) Width (v) Floating ®Yes ❑No e. (i) Are Platforms included? ❑Yes ENo If yes: (ii) Number (iii) Length IN) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 75 (ii) Number of slips existing 0 i. Check the proposed type of siting: E Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required []Other; please describe: k. Typical boat length: 35' m. (i) Will the facility have tie pilings? EYes [:]No (ii) If yes number of tie pilings? 36 []This section not applicable b. (i) Will the facility be open to the general public? []Yes ENo d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number See MP-4 supplement (iii) Length (iv) Width (v) Floating ®Yes ❑No f. (i) Are Boatlifts included? ❑Yes ENo If yes: (ii) Number (iii) Length (iv) Width 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 E Dockage ("wet slips") only, number of slips: 75 ❑ 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 ENo CAMA Application for Major Development Permit — September 2018 Shoals at Lea's Waterfront Hampstead, Pender County, North Carolina DCM WILMINGTON, NC OCT 31 2018 RECEIVED Revised October 2018 NOV 0 9 2018 10 DCM-MHD CITY 2. DOCKING FACIL/TY/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 2 Location: clubhouse ❑ Showers ® Boatholding tank pumpout Give type and location: Pump out, located on 72' finger near kayak dock/hut. b. Describe treatment type and disposal location for all sanitary wastewater. Sewer system c. Describe the disposal of solid waste, fish offal and trash. Enclosed trash receptacles d. How will overboard discharge of sewage from boats be controlled? No overboard discharge signs. e. (i) Give the location and number of "No Sewage Discharge' signs proposed. One, located at the marina entrance. (ii) Give the location and number of "Pumpout Available" signs proposed. One, located at marina entrance. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NA g. Where will residue from vessel maintenance be disposed of? NA h. Give the number of channel markers and "No Wake' signs proposed. NA I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. NA j. What will be the marina policy on overnight and live -aboard dockage? No overnight or live -aboard dockage. k. Describe design measures that promote boat basin flushing? Marina basin corners to be shallower than center and entrance channel. Channel shall extend to the deeper water of the AIW W. I. If this project is an expansion of an existing marina, what types of services are currently provided? NA m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No RECEIVED DCM WILMINGTON, NC n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ®Yes ❑No Adjacent OCT 311 2018 LAMA Application for Major Development Permit — September 2018 - Revised October 2018 Shoals at Lea's Waterfront Hampstead, Pender County, North Carolina NOV 0 9 Zola 11 DCM-MHD CITY 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. NCW 1769sf ❑SAV ❑SB OWL 16,573sf ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 14. 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, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands B. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): []Commercial ❑Public/Government ❑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 DCM WIEM NIGTON, NC OCT 31 2018 LAMA Application for Major Development Permit — September 2018 - Revised October 2018 Shoals at Lea's Waterfront NOV 0 9 2018 Hampstead, Pender County, North Carolina 12 DCM-MHD CITY 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Greater than 15' on each side. NA, upland basin. Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body NA. upland basin. e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (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 -6 MLW within basin. 8. OTHER ®This section not applicable a. Give complete description: 10/30/2018 o,t, Shoals at Lea's Waterfront Project Name Logan Development, Inc. Applicant Nwv ,c _ , , Agent, Land Management Group, Inc. Applicant Sigmtun DCIN WILMINGTON, NC OCT 31 2018 RECEIVED LAMA Application for Major Development Permit — September 2018 - Revised October 2018 Shoals at Lea's Waterfront Hampstead, Pender County, North Carolina NOV 0 9 2018 13 DCM-MHD CITY 5. Form DCM MP-5 BRIDGES and CULVERTS 1. BRIDGES ®This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ❑Commercial ❑Public/Government ❑Private/Community c. Type of bridge (construction material): e. (i) Will proposed bridge replace an existing bridge? ❑Yes ❑No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) g Length of proposed bridge: d. Water depth at the proposed crossing at NLW or NWL: f. (i) Will proposed bridge replace an existing culvert? []Yes []No If yes, (ii) Length of existing culvert: _ (iii) Width of existing culvert: _ (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: I. Will the proposed bridge affect existing water flow? ❑Yes ❑No I. If yes, explain: Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? []Yes []No If yes, explain: k. Navigation clearance underneath proposed bridge: I. Have you contacted the U.S. Coast Guard concerning their approval? []Yes []No If yes, explain: an. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: _ waters? ❑Yes ❑No If yes, explain: RECEIVED DCM WILMINGTON, NC RECEIVEDOCT 31 2018 CAMA Application for Major Development Permit — September 2018 - Revised October 2018 Shoals at Lea's Waterfront NOV 0 9 2018 Hampstead, Pender County, North Carolina 14 DCM-MHD CITY 2. CULVERTS ❑This section not applicable a. Number of culverts proposed: 5 c. Type of culvert (construction material): RCP d. (i) Will proposed culvert replace an existing bridge? ❑Yes ®No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) f. Length of proposed culvert: 36" 0 70' : 60" (a) 100' h. Height of the top of the proposed culvert above the NHW or NWL. NA j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? []Yes ®No If yes, explain: b. Water body in which the culvert is to be placed: 404 wetlands, RPW e. (i) Will proposed culvert replace an existing culvert? [-]Yes ®No If yes, (ii) Length of existing culvert(s): (iii) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) 9 Width of proposed culvert: 4 (rD 36" 1 & 60" i. Depth of culvert to be buried below existing bottom contour. Road crossings culverts 6" below grade. Pond equalization pipe per stormwater permitting. k. Will the proposed culvert affect existing water flow? [-]Yes ®No If yes, explain: VED DCM WILMINGTON, NC RECEIVED OCT 31 2018 LAMA Application for Major Development Permit — September 2018 - Revised October 2018 IVUV 0 9 2018 Shoals at Lea's Waterfront Hampstead, Pender County, North Carolina DCM-MHD CITY 15 3. EXCAVATION and FILL ❑This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ❑Yes ONO If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: C. (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? ®Yes []No If yes, (ii) Avg. length of area to be excavated: 30' (iii) Avg. width of area to be excavated: 10' (iv) Avg. depth of area to be excavated: 5' (v) Amount of material to be excavated in cubic yards: 10Cy (averages for each of 6 proposed culverts) b. (i) Will the placement of the proposed bridge or culvert require any excavation within 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 2,252sf ❑None (ii) Describe the purpose of the excavation in these areas: Road crossings, pond equalization pipe d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: Culvert backfill, excess to be placed in adjacent upland area (ii) Dimensions of the spoil disposal area: Less than % acre (iii) Do you claim title to the disposal area? ®Yes []No (If no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? []Yes ONO (v) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV OWL ❑SB ❑None If any boxes are checked, give dimensions if different from (ii) above. Culvert backfill only (vi) Does the disposal area include any area below the NHW or NWL? [--]Yes ONO If yes, give dimensions if different from (ii) above. N/A e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ❑Yes ONO If yes, (it) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? ❑Yes ONO If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: I. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item of above) to be placed within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? Ng If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: N/A RECEIVED DCM WILM NIGTON, NC LAMA Application for Major Development Permit — September 2028 - Revised October 2018 Shoals at Lea's Waterfront Nov 0 9 Z018 Hampstead, Pender County, North Carolina 16 DCM-MHD CITY 4. GENERAL a. Will the proposed project require the relocation of any existing utility b. lines? ®Yes []NO If yes, explain: Electric line, cable relocation If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. c. Will the proposed project require any work channels? d. ❑Yes ®No If yes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, f. dragline, backhoe, or hydraulic dredge)? Backhoe, grader g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ❑Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. 10/30/2018 Will the proposed project require the construction of any temporary detour structures? ❑Yes ®No If yes, explain: How will excavated or fill material be kept on site and erosion controlled? Bulkheads, sediment ponds, silt fencing Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. N/A uaty Shoals at Lea's Waterfront Project Name Logan Development, Inc. Applicant Name Agent, Land Management Group, Inc. � t applicant Signior, RECEIVED DCM WILMINGTON, NC RECEIVED LAMA Application for Major Development Permit — September 2018 - Revised October 2018 Shoals at Lea's Waterfront NOV 0 g Z018 Hampstead, Pender County, North Carolina 17 DCM-MHD CITY Old North State Water Co. A,� Wft Campanc August 18, 2015 Via E-mail @ dlogan(i:loganhomes.com; Mr. Dee Logan Dee Logan Homes Re: Lea Island Development, Pender County Wastewater Service Dear Mr. Logan: Old North State Water Company, LLC (ONSWC) is the owner and operator of the wastewater facilities providing wastewater utility service to Majestic Oaks and pending Greybull Subdivisions in Pender County. In addition, the Majestic Oaks Subdivision serves the Foodlion Shopping Center and other residential homes in and around the Majestic Oaks Community. The proposed Lea Island Development (LID) is adjacent to Majestic Oaks Subdivision. Pender County is aware that ONSWC has plans to expand to a maximum capacity of 0.25 MGD. The expansion is anticipated to be conducted in phases with phase 1 being 140,000 gpd. Upon expansion, ONSWC will have the wastewater capacity in its wastewater facility and upon approval from the NCUC is willing to provide wastewater utility service to the 300 single-family residential lots proposed to be constructed in LID. Therefore, upon the required governmental (State and County) approvals, ONSWC intends to provide wastewater utility service to the residents of this proposed development. ONSWC has conducted the Pre -Submittal conference with Pender County Planning and they are aware that ONSWC intends to expand the Majestic Oaks WWTP and serve the Lea Island Development. I trust this information provides you with what you need to proceed with your plans. If I can be of further assistance, you may contact me at 252-235-4900. Cc: Tim Clinkscales Jessica Vamvakias - iv((( loeanhomes.com Rudy Shaw John McDonald S�G / L MichaelGl�irs RECEIVED DCMW� MINGTON.NC NOV 0 9 2018 OCT 31 2018 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor Envd viou"tal Quality WCHAEL S. REGAN Secretary BRAXTON C. DAVIS November 5, 2018 Director Land Management Group, Inc. c/o Greg Finch 3805 Wrightsville Ave. Suite 15 Wilmington, NC 28403 Dear Mr. Finch: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Logan Development, Inc., requesting State approval for development of the subject property located along the southern terminus of Factory Road, adjacent to Topsail Sound and the AIWW, in Hampstead, Pender County. It was received as complete on October 31, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 14, 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 October 31, 2018, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-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. c rely, �son Dail ield Representative cc: Courtney Spears, DCM Liz Hair, COE Doug Huggett, MHC Robb Mairs, DWR D Logan, Applicant— 60 Gregory Road - Suite 1, Leland, NC 28451 RECEIVED D_,E Q�� NOV 0 g 2018 North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Cardin 28405 910.796.7215 and Fact N0Tl(40'*l?j AMA PERMIT APPLIED FOR PROJECTTO develop a new residential subdivision f in Hampstead, Pender Coun COMMENTS ACCEPTED THROUNVvember 30, 2018 m APPLICANT: FOR MORE DETAILS CONTACT p THE LOCAL PERMIT OFFICER BELOW: tmgan r InG. NC Div. of Coastal Management 127 Cardinal Dr. Extension —Leland, NC 284�54 Wilmington, NC 28405 Jason Dail, Field Representative Agent: Greg Finch (910) 452-0001 910-796-7221 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Logan Development, Inc. c/o D Logan, 60 Gregory Road, Suite 1 Belville, NC 28451 Phone Number: 910-443-2869 Email Address: DLogan@loganhomes.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: Marina Construction, Dredging at my property located at Factory Road in Pender County. Waters at Lea Island 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: lob pt-f Title -jo IIII l/� Date This certification is valid through 12 131 /2019 RECEIVED NOV 0 g � 3 DCM-MHD CITY VED DCM WILMINGTON, NC OCT 31 2018 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Cc(coT" M&UN 7 4q LEf1S 'LANE ttitMPUEA0, NL 26+6 1111111111111111111111111111111111111111111111111 9590 9402 1614 6053 4435 51 7015 0640 0002 2839 0818 PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: AHII� -7231 1WtU "0 fsavo IZQ WiLM,tMW AKJ 28to IIIIIIIIIINIIIIIIIIIIIIIIIIIIIII III III III III 9590 9402 1614 6053 4435 68 2. ,'V11cle Number (transfer from service label) 7005 1820 0002 9135 8252 Ps Form 3811, July 2015 PSN 7530-02-ODD-9053 P ❑ Agent B. Received by D. Is deliveryaddress different from Item l? UYes If YES, enter delivery address below: ❑ No RECEIVED DCM WILMING ON, NC A. B. OCT 3l ?nm :e iype ❑ Priority Mall Express® ignature ❑ Registered Mallam ignature Restricted Delivery i Mall® ❑ Registered Mail Restricted Delivery I Mail Re rtfloted Delivery ❑ Return Receipt for on Delivery Merchandise on Delivery Restricted Delivery ❑ Signature Confinnenon*m Mail ❑ Signature Confirmation Mail Restricted Delivery Restricted Delivery 00) Domestic Return Receipt : Date D. Is delivery address different from Item 1? ❑ Yes aM If YES, enter delivery r�*M 0 No DCM WILMINGTON, NC nr? 11 Z018 3. Service Type ❑ Priority Mall Express® ❑ Adult Signature ❑ Registered Mail'M ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restricted El Certified Mail® Delivery ❑ Certified Mall Restricted Delhrery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery O Signature ConfirinatlonTM ❑ Insured Mat 0 Signature Confirmation n e,--i ee*e aamaned nenmw Restricted Delivery Domestic Return Receipt I RECEIVED NOV 0 9 �018 DCM-MHD CITY 10/31/2018 USPS.com@ - USPS Tracking® Results USPS Tracking® FAQs > (hftps://wviw.usps.com/fags/uspstracking-fags.htm) Track Another Package Tracking Number: 70051820000291358252 Remove x Your item has been delivered to the original sender at 4:08 pm on October 23, 2018 in WILMINGTON, NC 28412. G Delivered October 23, 2018 at 4:08 pm Delivered, To Original Sender WILMINGTON, NC 28412 m m n Get Updates n Text & Email Updates u Tracking History v Product Information See Less ^ RECEIVED RECEIVED NOV 09 20.8 DCM-MHD CITY 10/31/2018 USPS.comO - USPS Tracking® Results 6 OCTOBER 2018 QQ OV Delivered between 9:35am and 11:35am O October 6, 2018 at 10:42 am Delivered, Left with Individual HAMPSTEAD, NC 28443 Get Updates \/ See More \/ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions ,1 co m 0- CT FAQs (https://www.usps.com/fags/uspstracking-fags.htm) a RECEIVED NOV 0 g ^ql8 DCM-MHL) CITY Tracking Number: 70150640000228390818 Remove X RECEIVED ILMINGTON. NC Expected Delivery on DCM SATURDAY OC' 31 2018 https://tools. usps.com/go/TrackConfirmAction?tLabels=70051820000291358252%2070150640000228390818 hftps://tools. usps.com/gorTrackConfirmAction?tLabels=70051820000291358252,%2070l50640000228390818 1/3 213 Proposed Language for Shoals at Lea's Waterfront Restrictive Covenant regarding docks for CAMA permit: Section No piers or dock structures with boat slips shall be erected, installed, or maintained from Lots 58, 59, 66 and 67 into the waters of the canal extending from the boat basin to the Atlantic Intracoastal Waterway (the "Lea Canal"). Owners of Lots 50, 51, 52, 53, 54, 55, and 56 are permitted to erect, install, and maintain a pier or dock structure from their respective Lots, for no more than a single boat slip. The Owner of Lot 57 is permitted to erect, install, and maintain pier or dock structure from Lot 57, for a single boat slip, provided however that such pier or dock structure shall not be located nearer than thirty-three (33) feet south of the northernmost property line of said Lot 57. Provided further, that any dock or pier extending from said Lots 50, 51, 52, 53, 54, 55, 56 and 57 shall not interfere in any material way, with the free passage of vessels through Lea Canal. Proposed Language for Restrictive Covenant on Medlin Lot: No more than one boat slip shall be erected, installed, or maintained from the lands described in Exhibit "A" attached hereto, into the waters of the canal extending from the boat basin within the Shoals at Lea's Waterfront subdivision, to the Atlantic Intracoastal Waterway. Proposed Language for Restrictive Covenant on remaining Lea lands: No more than that one boat slip shall be erected, installed, or maintained from the lands described in Exhibit "A" attached hereto, into the waters of the canal extending from the boat basin within the Shoals at Lea's Waterfront subdivision, to the Atlantic Intracoastal Waterway. RECEIVED NOV 0 g 2018 RECEIVED DCM WILMINGTON, NC DCM-MHD CITY PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is made and entered into this _ day of , 2018, by and among Bert L. Lea, Jr. and wife Barbra Parker Lea, Dorothy Lea Medlin (widow), and Judy Lea Lane and husband, Charles M. Lane all of Pender County, North Carolina (together referred to herein as "Seller"); and Logan Developers Inc., a North Carolina corporation, or its assigns (herein called "Buyer"). WHEREAS, Seller is the owner of a tract of land of approximately 176 +- acres shown upon that plat of Survey For Bert L. Lea, Sr. recorded in Map Book 28 Page 46 of the Pender County Registry (the "Lea Tract") and certain lots located on Factory Road as described in the Deeds recorded in Deed Book 4201 at Page 198, Book 2842 at Page 25, Book 3354 at Page 226 and Book 3317 at Page 190 of the Pender County Registry (the "Factory Road Lots"); and, WHEREAS, Buyer desires to acquire 150 +- acres of the Lea Tract as generally depicted on the conceptual "Phasing Exhibit" plat attached hereto as Exhibit "i4" `B", as will be determined by a survey to be prepared by Buyer during the Due Diligence Period (as defined below), and the Factory Road Lots; and, WHEREAS, Buyer and Seller have agreed upon certain terms for the purchase and sale, which will require the conveyance of portions of the Lea Tract consisting of approximately 70 +- acres initially (the "First Takedown", also sometimes referred to as "Phase I") and the final 80 +- acres at a later date (the "Second Takedown," also sometimes referred to as "Phase 2") all as more specifically described herein; WITNESSETH: NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Agreement to Sell and Purchase. For and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Seller and Buyer, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase and take from Seller, subject to and in accordance with all of the terms and conditions of this Agreement, the following: (a) Subject to Seller's retention of an easement for ingress, egress and regress over Lea's Lane from Factory Road to the Lea Division 000 those certain tracts or parcels of real estate more particularly hereto, and together with all rights, ways and easements appurtenant thereto, including, without limitation, (i) all of Seller's right, title and interest in and to the land underlying and the air space overlying any public or private ways or streets crossing RECEIVED NOV 0 9 2T8 DCM RECEIVED WILMIING ON, NC DCM-MHD CITY OCT 31 2018 modified or amended except by an instrument in writing executed by or on behalf of Seller and Buyer. (n) Connternarts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. (o) AgQMO's Fees. In the event of any litigation between Buyer and Seller arising under or in connection with this Agreement, the prevailing party shall be entitled to recover from the other party the expenses of litigation (including reasonable attorneys' fees, expenses and disbursements) incurred by the prevailing party. (p) Authority Each party hereto warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. (q) Counsel. Each party hereto warrants and represents that each party has been afforded the opportunity to be represented by counsel of its choice in connection with the execution of this Agreement and has had ample opportunity to read, review, and understand the provisions of this Agreement. (r) No Construction A±=sinst Preoarer. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial authority by reason of such party's having or being deemed to have prepared or imposed such provision. IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute, seal and deliver this Agreement, all as of the day and year first written above. SELLER: By: BB L. Lea, Jr. By: ,r ., / gam . -- Barbra Parker Lea Initial address for notices: RECEIVED RECEIVED D % DCM WILMINGTON, NC Teleph ne Num : (�id) 7D �I NOV 9 201� OCT 312018 Telecoppy Number: ( ) DCM.MHD CITY Dorothy Lea Medlin Initial address for notices: C;O Telephone Number: voj), Telecopy Number: ( ) JUAf Leaq,ane By: Charles M. Lane Initial address fornotices: GlD5 LWs ton o, Telephone Number: g/d) gjl 2 Telecopy Number: ( ) With a copy to: F. Darryl Mills, PLLC 5710 Oleander Drive, Ste. 204 Wilmington, North Carolina 28403 Attention: F. Darryl Mills, Esq. Telephone Number: (910) 3501500 Telecopy Number: (910) 350-1199 Date of Seller's Execution: ,/O 2 o/ 1/ BUYER: LOGAN DEVELOPERS, INC. a North Carolina corporation B_ RECEIVED NOV 0 g 2018 DCM-MHD CITY DCM WILM NIGTON. NC OCT 31 2018 Title: President Initial address for notices: 60 Gregory Road, Suite 1 Belville, North Carolina 28451 Attention: D I. Logan Telephone Number - Email address: i With a copy to: Block, Crouch, Keeter, Behm & Sayed, LLP 310 North Front Street, Suite 200 Wilmington, North Carolina 28402 Attention: Jeffrey P. Keeter, Esq. Telephone Number: (910) 763-2727 Date of Buycr's Execution: 16'11 -/�Rl 9-� RECEIVED DCM WILMINGTON, NC OCT 31 2018 NOV 0 g Z018 DCM-MHD CITY CAMA Application for Major Development Permit Fo r: Shoals at Lea's Waterfront Hampstead, Pender County, North Carolina Prepared By: Land Management Group 3805 Wrightsville Avenue Wilmington, North Carolina September 2018 Revised October 2018 RECEIVED 0CM WVD ILMINGTON, NC NOV 0 g Z018 DCM-MHD CITY Contents 1. Farm DCM-MP-1...................................................................................................................................2 2. Form DCM MP-2................................................................................................................................... 6 3. Form DCM MP-3...................................................................................................................................8 4. Form DCM MP-4.................................................................................................................................10 5. Form DCM MP-5.................................................................................................................................14 6. DCM MP-1 Section 6.0 Additional Information..................................................................................18 6.1 Section 6. a. Project Narrative....................................................................................................18 7. DCM MP-4 Supplement ......................................................................................................................19 Appendices Appendix A -Site Location Map and Work Plats Appendix B-Deed, Agent Authorization, Old North State Sewer Letter and Adjacent Riparian Owner Notifications Appendix C-Draft Deed Restrictions RECEIVED RECEIVED [)CM WILMINGTON, NO NOV 0 g 2018 OCT 31 2018 DCM-MHD CITY LAMA Application for Major Development Permit — September 2018-Revised October 2018 Shoals at Lea's Waterfront Hampstead, Pender County, North Carolina i November 9, 2018 Jason Dail N.C. Department Environmental Quality Division of Coastal Management 127 Cardinal Dr. Extension Wilmington, N.C. 28405 Dear Sir, I am the adjoining landowner to the proposed Waters at Lea Island subdivision in Hampstead, N.C. I am expressing my objection to the location of the sewage pumping station that is close to my property. My objection is twofold: It is too close to the Intracoastal Waterway and it is too close to my property. Currently, this area is a pristine part of Pender County. In New Hanover County, there have been numerous pumping station accidents that have dumped thousands of gallons of sewage into Hewlett's Creek. This has impacted both sea life and recreational activities. I do not want this to happen to the beautiful waterway area in Hampstead. Thank you for considering this matter. I can be contacted at 910-612-9120 or at 7231 Masonboro Sound Rd, Wilmington, N.C. 28409. Sircerely. Lr-� ✓r� Elizabeth- Avery Godwin RECEIVED NOV 19 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC NOV 13 2018 \ki.A ilk f'er 4 Legend PROPERTY BOUNDARY MEINEIRMINNIM NOTES: 1. 2016 AERIAL FROM NCONEMAP. 2. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 3. NOT A SURVEYED OR ENGINEERED DRAWING. P tF`5 •�.• '�s ..'.�,� mar t. Site RECEIVED n FOR ENVIRONMENTAL PERMITTING ONLY DCM WILMINGTON, NCB Project: Date: ReMelon Deb: FEB 1 9 2019 Shoals At Lea's Waterfront 916/18 2/18119 uxo.$INAreM .CUUr a Scale: V=300' Tile: Site Location Job Number. LMG16.324 3ag5 Mgntaville , Suite 16 fi00 Wilmington, Norm Caroline 29402 __,_____... I and Drevm By: E)dstingCondiBons GSF Sheet Number 1 of 19 RECEIVED 082019 DCM-MHD CITY PROP D CLV$HOUSE "AND. POOL POSED 75 367' LONG PROPERTY ROTHY'MEDLIN I P MA 1 264'1 ►0_ MARINA ENTF 90' WIDE BY3,80' LONG VEGETATIVE BUFFER/ SPOIL DISPOSAL FAC E CHE IN TO EL EXISTING NAL - 9� 70'-90'IDE BY 300' L NG cp �` CHANNEL 11(IAINTENANC DRI 40' WIC (SEE DETAI S Legend PROPERTY BOUNDARY tlm1tltllmm1mm1m BASE CAD FILE FROM PARMOUNTE ENGINEERING. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. RECEIVED DCM WILMINGTON, FEB 1 9 2019 QRLMG IANO MANAGEMENT GROUF . scar! aeromt 3805 Wn9MsWie, Ave, Suite 15 __Goo Wllminalon, North Carolina 2840 RY ROAD VEGETATIVE BUFFER/ SPOIL DISPOSAL REBA AVERY ET AL V"\ GETAY E BUFFER/ ;l SP IL•DISPOSAL Shoals At Lea's Waterfront Plan Yew Sri 9018 1 "=300' GSF 2/18119 LMG18.324 2 of 19 0 RECEIVED APR 0 8 2019 DC"-MHD CITY ii PROP'O ED LUBHOUSE AND POO \ N'A F \ io \ \ 4 loll 6.00.50 7.00 \ 2 .50 30.3 00 13.5\ a•i� \ �- \ ROPQSED KAYA�k,\ i \ 35.00 8.00 AND PDLER 4.50 13.50 U N C H P R �hLE 1 6.00 o•� 5.00 i Q `\ 40.0 30.33 26. • � \ X 313 41.5 47y5�� .0 33.00 `� 72.0 � \ 6.00 25' OFFSET f�FtOM 167 CIA, OPT SRELLFIS\{i) 0 6.0010.50 _-- — — — — — — 1.50 P POSED KANK 72.0 HUT (O EN`I?ERG0IIISA) 47.5 cp �' 75 C i PROPOSE UIV4�OUT\ 30 QFFERIlk* i \ \\ i n8'ED SULKIHEAD \ 90.00 41 90' W I D-TRANC`E ''';\� \ i Legend PROPERTY BOUNDARY ----•--•-- — RECEIVED NOTES: DCM WILMINGTON, N LMG Proect. 916/13 Revlon Da2118/19 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. FEB .1 9 Z0�9 Shoals At Lea's Wate front 2. NOT A SURVEYED OR ENGINEERED DRAWING. uxo xA; u11 Rr! t Tme. Scale: 1"=B0' ' um LMG18.324 3. FOR ENVIRONMENTAL PERMITTING ONLY. 3Baswon$VilleAVe.suits15 Plan View Drawn By: Sheet Number: 0 Wknirglon, North Caroline 29402 Marina Detail GSF 3 of 19 TWleohone: 910452-Ml L:ICAMA72015 CAMA FILESl02-16-324 — Lee Tract, Factory Rd, D Lo0aMCAMWadsm at Lea lsland.dw0 RECEIVED APR 0 8 2019 DC"-MHD CITY RECEIVED APB? 0 8 2019 DCM-MHD CITY 0 EXISTIN DFkAINAG �(T MEDLIN PROPEI \ 1 1 209 LEA'S LANE ts� /PIPE MAIN) '\AEC �> i ; \ ��••� N� ; / \`\ AEC ;�> O E 2 �� % \ IL y �' nne.. LEA PROPERTY 301 LEA'S LANE OVI DEAD RESTRICTION NOTES: / 1. LOT NUMBERS 66, 67, 58 AND 59 WILL BE DEED RESTRICTED / PROHIBIT ANY BOAT SLIPS. / 2. LOT NUMBER 57 WILL BE RESTRICTED TO ONE SLIP LOCATED ON / THE SOUTHERN 39' PORTION OF THE LOT. 3. LOT NUMBERS 50 THROUGH 56, THE MEDLIN PROPERTY AT 209 LEA'S LANE AND THE LEA PROPERTY AT 301 LEA'S LANE WILL BE RESTRICTED TO ONE BOAT SLIP EACH. OUTER MARSH 4. SEE APPENDIX C IN THE APPLICATION SUBMITTAL FOR DRAFT LANGUAGE. EDGE 5. LOT NUMBERS SUBJECT TO CHANGE. DEED RESTRICTIONS WILL BE PLACED SO THAT NO SLIPS IN THE ENTRANCE CHANNEL ARE WITHIN 200'OF THE NEAREST SLIP WITHIN THE BASIN AND SO THATCHANNEL CHANNEL MAINTENANCE NO MORE THAN 10 SLIPS ARE ALLOWED ALONG THE CANAL ENTRANCE CHANNEL, REGARDLESS OF LOT NUMBERS AT TI Ep DREDGING LIMITS PLAT RECORDATION. RE� NG Legend DCM W►� i� PROPERTY BOUNDARY -- -- -- -- - RECE 43L019 NOTES: 4LMG 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. APR 0 8 2019 LAND MANABP.MPNT(.anllr 3. FOR ENVIRONMENTAL PERMITTING ONLY. ^//�� 04DDc Mmwn^W 3805 Nlight1-nh Ave, 6u�IMe1'S �Ai NANninpron, Nonh Cerollna 2840. BUFFER 0 i R Project: Date: neweron Vao Shoals At Les's Waterfront 9I6/18 2A 8A9 SWIG: Job Number Title: V=80' LMG16.324 Channel Detail Drawn By: Sheet Number GSF 5 of 19 RECEIVED APR 0 8 2019 DCM-MHD CITY 7 `/AE�) / '�5> VJEATA ' ��, s� ,� � � DISC �- � � �- .� \ . /✓, 301 ' AEA JOINT O AL \ s� 70.00 0 a ,.PKO ,,AI P \ i 1 1�o k r'; i OUTER MARS14\— \_ / / / / OUTER MARS EDC RECEIVED APR 0 8 2019 DCM-MHD CITY Legend CHANNEL LIMITS — — — — EDGE \\ I � USACE SETBACK USACE ROW 895 /I r / USACE NAV 9ATION CHA / D REG r�TnN. NC NOTES: f ` 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. 4. NORTH SIDE CHANNEL (778' X 40) MAINTAINED AT -4 MLW. ENTRANCE CHANNEL PROPOSED AT -6' MLW. L LMG Shoals At Lea's Waterfront Scala: 1NAF,.Mf.NT61111f 1-100' ro,,, I 1 ; Channel 3805 WrightaWlle Ave, Suit, 15 Melntenenoe Drawn fiy: NYMrgton, North Caroline 28402 Dredging Detail GSF 2/18119 LMG16.324 6 of 19 RECEIVED APR 0 8 2019 DCM-MHO CITY ® O f' ' O v e RFC � ° RPW IMPACT ONLY 68 L.F. (2 36" CULVERTS) 101 LOT FILL 'f\564 S.F MARINA/ENTRANC Wetlands (404) `, 19,592 Wetlands (Coastal) IJ69 Streams 29 RPW 69\, Total Temporary Impacts to: ° CHANN AMPA 16,5 ! ,\S. F \29 L.F. 1S. ,76 F. CO S.f. s.f. I.f. I.f. Wetlands (404) 1,147 '\ s.f. REC IVEI Streams 12 \ I.F. DCM WIILMINg T01 L� RE� kJ 2019 PROPERTY BOUNDARY ��i��iuiul� NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. APR 0 8 2019 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. r........._ TEMPORARY IMPACT 797 S.F. 1 60" POND EQUALIZATION PIPE ROAD CROSSING IMPACT 1,455 S.F. (2 3611 CULVERTS) / \ SEE PROFILE 6 FACTORY ROAD ° ALA' TEMPORARY IMPACT _ _ \ 350 S.F. 404 ® 12 L.F. STREAM C X ° N' ; 00 iRLMG I Shoals At Lea's Waterfront LAND M.NAGP.MP.NT GlOUL TMb: 3805 Wnght=A�, Sub, 115 Weeand Impact YMinalon. Nordin Carolina 28402 Overview 916/18 2/18/19 Job NuFFer- 1"=300' LMG16.324 SMet Number: GSF 7 of 19 i RECEIVED APR 0 8 2919 DCM-MHD CITY 51 UKM WA I tK BMP O I TEMPORARY IMPACT TO INSTALL 60 STORMWATER PIPE --------------- - --- 797 S.F. s I r RECEIVED APR 0 8 2019 DCM-MHD CITY Legend PROPERTY BOUNDARY RPW )ACT O 68 L.F. EO E 41, / ��-e .�, RECEIVED DCM WILMINGTON, NO NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING, 3. FOR ENVIRONMENTAL PERMITTING ONLY. FEB 19 STREAM (NO IMPACTS) a PROPOSED STORMWATER BMP ROAD 1,455 ; M �PLMG Shoals At Lea' aWatefront LAND MAKA1, Mr NL(PUF ��:m Title: 3805 Mghtaville Ave, Suite 15 Weiland Impact Mlmington, North Carolina 284021 Detail 1 SING IMPACT :E PROFILE 6� 9/6118 2/18119 Scale: u x 1"=60' LMG16.324 Drain B. Sheet Number: GSF 8 Of 19 RECEIVED APR 0 8 2019 DCM-MHD CITY ` �- \ \ O \ / .�% \ i \,, r�> LL LL O LL LL L Y: l L \ L `\ `` ' L \ Ee LOT FILL 1,564 S.F > O VEGETATIVE BUFFER/ SPOIL DISPOSAL i Ilk RECEIVED :\ : \ "\ APR 0 S 2019 % RECEIVED ' \\.DCM-MHD CITY DCM WILMINGTON, NC i Legend FEB 19 2019 PROPERTY BOUNDARY -- -- -- -- — NOTES: �Project: Date: 9f6115 Revision Da2/ 18119 � 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. Shoals At Lea's waterfront 2. NOT A SURVEYED OR ENGINEERED DRAWING. LAND MANMi9MP.NT baouL 3cet. r=Bo' u I-MG16.324 3. FOR ENVIRONMENTAL PERMITTING ONLY. ,5=6 AM Ttle. 3905 NRipmsvae Ave, Suit 15 Watland Impact Drawn By: sheet Number 0 Wilmington, North Carolina 20402 Detail 2 GSF 9 of 19 Telephone: 910-452-0001 RECEIVED APR 0 8 2019 DCM-MHD CITY oo, Ly \ \ L L \ i L L L i — �L IleLL / \\ L L LLLL r OO ` L - LLLL IL L LLL yL,`` 1-1-1—\. (7,\`% s o r \ L \ `, �\ L L LL \� �- ALL \ \1 \ i LL L LLL L LLL ItL \ \ �' TEMPf�F2AR1(i IMPACT �' LL LLL ' L LLL L / \ LLL LLL 3a S.F. 404 i LLL ILL\ (' i \ LLLL LLL L.F. STREg1Vl''`'�,� \� LLLLL L % ILL L ILL L \ -\MARINN JENTRA�dCE\ ` �` LL ItHAN NKL ,NFSACTS LL \ \ L i \ L 16\1 \573404 \ 29,Lf. . STI* 0 COASTAL WETLANJID IMAPACTS RECEIVED \ 1,769 S.F. APR 0 S 2019 R�—ZCEIVED DCM-MHD CITY 'PCM�ILMINGTON, NC; i \ Legend 1 PROPERTY BOUNDARY --•-- -- -- — NOTES: Project. Date. 916/18 NeMam 2/18/19 LMG 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. Shoals At Lea's Waterfront SmM: Job Number. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 1ANU MANM EMFNT GROUF 1"=60' LMG76.324 3. FOR ENVIRONMENTAL PERMITTING ONLY. aO m"^'0 Pile: NhiahlauNe Ave, Suite 15 Wetland Impact Drawn By: Shoot Number. 0 Wilmington, North Carolina 28402 Detail 3 GSF 10 0119 Telephone: 910.452-0001 L9CAMA12016 LAMA FILESX02-19-324— Lea Tma Fadom Rd. 0 Looan\CAD\Waters at Lea Island dv RECEIVED APR Q 8 [01g DCM-MHD CITY - PROFII E CHANNEL MAINTENANCE DREDGING LIMITS OUTER MARSH EDGE - --�� USACE NAVIGATION CHANNEL RECEIVED APR 0 8 2019 c RECEIVEO10 M-MHD CITY DCM WILMINGT , NC FEB 1 19 Legend CHANNEL LIMITS - - - - - - - NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. /< X. PROFILE 7 /f1 ; r - PROFILE 4 qL M G Shoals At Lea's Waterfront I ANU..1fASAI MF.NTI OF . Olalp�. mmraoy Title: 3805 WnOnlsville Ave, 9u11e 15 profile Lmation4 19minaton. NaM Caroline 28402 PROFILE 9/8/18 1 2118/19 1"=150' 1 LMG18.324 GSF 1 11 of 19 RECEIVED APR 0 8 2019 DCM-MHD CITY 6�4 I � I I I I I I W I I i ROFILE 1 C I �I I + I 4+00 it PROFILE 1 Station 4 +00 0+00 1+00 2+00 3+00 4+00 5+00 6+0 0 3( K 2( 30'BUFFER 30'BUFFER I EXISTING GRADE I III III I IITI I I IIIII —III 3:1 SLOPE UP TO EXISTING GRADE III - III -III I �-III -III-I -III-I 75' AEC 6' WIDE WOODEN ACCESS BOARDWALK III -III I -III (4+14) 75' AECI-1 (0+00) III -III -I I I -III I ' , I I I IIII I II � 111 NHW Ii II I lI l ITi PROPOSED BULK (DEPTH PER CONTRACTOR EADI I —III III —I I�-I MLW I I -I I -I III -III_ 1=III=I I I FLOATING DOCKS NOT SHOWN FIR P ED BULKHEAD III —III III -III -II I -III (DEPTH PER CONTRACTOR � I-1 I I -I I EE I I -I I I -I I I- I I lIII-I � 1- I I -I � I -I I II -III =III=III-I � I=I � I=III=1 � I=1' I I=III=III=11 I=III-II=III=1 00 0 00 1 0 2 0 3 00 4 00 1 5 00 6 C 2 E L 7 N 10, 0 0 0 T7 COO NO (0 CD 00 CV) N N N0 M N( 00 N GF D RECEIVED FtV NO 5 N mmmommow APR 0 S 2019 Oche l 9 20 19 o FEg NOTES: DCM-MHD CITY I'miecr Dare: 9 6118 Revision Dale: 2H 8/19 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. LMG Shoals At Lea's Waterfront 2. NOT A SURVEYED OR ENGINEERED DRAWING. LAND MANAGPMrN r ogUDF Scale: As NWT 0 1um LMG16.324 3. FOR ENVIRONMENTAL PERMITTING ONLY. tyarar� �a•a.•, Tina: 3805 Wngnts". Aire, Snit. 15 Profiles Drasm By: Sheet Number. Wilmington, North Caroline 28402 GSF 12 of 19 Telephone: 910452-0001 LnCAMA12016 CAMA FILESW2-16-324 — Lee TmcL Factory Rd. D LogaMCADMatem at Lae Island.dwg RECEIVED APR 0 S 2019 DCM-MHD CITY BULKHEAD r m m v o' PROFILE 2 BASIN ENTRANCE CHANNEL -1 +00 2 1( c E` T( n+nn a—_ w - 0 1+ �+ 0 OUTER MARSH EDGE EXISTING CANAL / NHW / "J0 NT 404/COASTAL WETLAND LINE PROFILE 2 Station 1+nn 9+nn 3+00 20 COASTAL WET LAND LINE NHW I OUTER MARSH EDGE EXISTING GRADE j !I ! � ! I ! I I � ! \I!I I NHW MLW ( AVATION CONTINUES BASIN EXCAVATION CONTINUES CUT TO -6 MLW -------------- TOAIWW 00 0+00 1+ 0 2+00 3 IO o �0 0 N cD RECEIVED APR 0 8 2019 RECEIVE[ ° DCWMHD CITY DCM WILMING" ° FEB 19 201% NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. �0 �0 0 � cfl �PLMG Shoals At Lea's Waterfront 9/8/18 Scale: LAND MANAGEMENT bRtlllr AS Noted OwNY Tide 3805 N/npnl North Ave, Selte 15 Profile 2 orexn By: Ylminpton, NOM Caroline 28402 GSF Tele one: 910452-0001 10 11 -10 0 2/18119 .- LMG78.324 ,mbar: 13 of 19 RECEIVED APR 0 8 2019 DCM-MHD CITY WETLAND LINE N (D 2( l -1� PROFILE 3 1 +00 PROFILE 3 Station � i V + !� CA +00 0+00 1+00 2+00 3+( NHW ! ! I MARSH OUTER EDGE JOINT COASTAL/404 404 WETLAND LINE WETLAND LINE i i I I I� PROPOSED BULKHEAD / DEPTH PER CONTRACTOR EXISTING GRADE -- CUT TO -6 MLW !1 MLW SSUMED 3:1 SLOPEh - - rn c r c 4 0 rr+�DQ n 2+00 3 01 4.00 0+00 1+00 2+00 3 ( RECEIVED APR 0 8 2019 DCM-MHD CITY 0 NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. RECEIVED M VVILMIWTON, FE13 19 2019 �;LMG Shoals At Lea's Waterfront B/8/18 Scale "NO MANAGP.MCNT 4[IIVi As Noted umo.m Tltla: 3605 Mghtsvilb Ave, Suite 15 Profile 3 0reval By: Nlmington, North Carolina 21402 GSF Telephone: 910452-0001 11, 10 01 ;80 2/18/19 ear LMG18.324 imaer. 14 of 19 RECEIVED APR 0 8 2019 DCM-MHD CITY i PROFILE 4 CD 40.00 o / o 04 00 1+00 / 1+ 0 I MAINTENANCE CHANNEL i MARSH ISLAND LIMITS ` I I 0 0 lit CD w C -11 PROFILE 4 Station +00 0+00 1+00 2+00 3+( MAR I H OUTER EDGE -� I EXISTING GRADE I I I- �- 40' WIDE BOX CUT TO -6 MLW \ - WITH ASSUMED 3:1 SLOPE UP TO - - EXISTING GRADE 00 0+00 1+ 0 2+00 3+( RECEIVED APR 0 8 2019 NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. FEB 1 9 2919 RLMGShoals At Lea's Waterfront e MANAt:ItMr.Nrb ur OMt! coenpim Ti9e: Wgimbi aW Ave. Suite 15 1 Profile 4 gton, North Carolina 28402 9/8/18 As Noted GSF S ;80 2/18/19 LMG18.324 of 19 RECEIVED APR 0 S 2019 DCM-MHD CITY MAINTENANCE CHANNEL LIMITS Z1 m T 1+00 PROFILE .._.._ 2 _ _ _ _ _ _. +00 _1 USAGE SETBACK USACE NAVIGATION CHA NEL PROFILE 5 Station 0+00 1 +,00 2+00 3+,00 4+00 EXISTING RAD =111=1 I M I 1=1 I I I Ii-- , 11=1 1=1 1=1 I'f=1 11=1I 1=1 I I=1 I El I I I 11=1 11=1 I I- 1I I -I I I -I I I=1 I I=1 I I=1 I I=1 11=1 I I I I-1 11=1 I I-1 I I- 40' WIDE BOX CUT TO -6 MLW I —III —III —III —III i EXTENDS TO.6 MLW AT TIME OF CONSTRUCTIONI1-1 1 I-1 I I^I I Ed I I I I I -I I I I -I I I-11 I 11-III-III-II,IEll I 1=1 11=III- ACCESS CHANNEL EXTENDS -_I III —III=) I I — III —III —) TO USACE NAVIGATION CHANNEL; 11=11 (=111=11I=1 I I=1 I I=111-(IFINEEDEDiNMAINTENANCEI�N'i�i)I=1 I 00 0 00 1+ 0 2 00 3 00 4 00 5 �0 00 �0 �0 0 0 cD 0 c4 0 M co 0 r- 196 RECEIVED APR 0 8 2019 DCM-A4H0 Crr1 0 NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. RECEIVED FEB 1 9 2019 �;LM G Shoals At Lea's Waterfront 9/8/18 se.M: LAND MANAI.P.M6NT bellDr AS Noted Cam" T81e: 3805 WriphtsviMe Ave, Suite 15 profile 5 Drawn By: Mlmington, NoM Caroline 28402 GSF Telephone: 910452-0001 AID 2/18119 ar LMG16.324 ember: 16 of 19 RECEIVED APR 0 8 2019 DCM-MHD CITY EOP ROW EASEMENT K r m 00 o� Fill As Needed - 40- 30 2a __ 1 0 0 0 PROFILE 6 404 WETLAND LINE PROFILE 6 Curb -- -0125 0+00 RECEIVED Proposed Culvert 0+75 1 (6" Below Grade) Station APR 0 8 2019 DCM-MHD CITY RECEIVED ° DCM WILMI "TQ� FEB 1 9 2019 NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. Existing Grade = 40 =30 -20 =10 rI LMG Shoals At Lea's Waterfront 96/18 2H 8/19 Scab: Job Number. ANAUF.MCNT Lal1U{ As Noted LMG16.324 • BM # roamam Title: phtshlle Ave, Suite 15 Profile 6 Drso'a By: Sheet Number: i, Nonh Caroline 28402 GSF 17 of 19 one: 910-452-0001 RECEIVED APR 0 8 2019 DCM-MHD CITY 3 m m m 0 D 9 RIP RAP I � 0+00 FENANCE CHANN f` L(MI -1 +00 2 10- J 10- -1 1+00 PROFILE 7 Station 0+00 1+PO 2+,00 I PROFILE 7 i 2+00 �� 2+50 MARSH ISLAND 3+00 30'BUFFER JOINT 404/COASTAL WETLAND LINE OUTER MARSH EDGE LOT FILL A D GRADING AS NEED D EXISTING PIER AND FLOATI � I JG DOCK. TO BE REMOVED. EXISTING GRADE POTENTIAL FUTURE DO K AT CHANNEL EDGE I NH RIP RAP W OUTER MARSH EDGE MLW CENTERLINE OF EXIST NG MAINTAINED CHANNEL 40'-WIDE BOK CUT TO -4 MLW (EXISTING GRADE) WITH ASSUMED 3:1 SIDE SLOPES 00 04 00 1+ 0 2 00 3 00 4 RECEIVED APR 0 8 2019 —..1n'IV11it.% Cl 0 NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. REC E1D FEB 19 2019 �;LMG ShoalsAtLea's Waterfront 2A8/19 Scale: LAND MANAGEMENT GROW AS Noted • �. rmpq Title: 3805 V g. Ile Aw, CC 15 Profile 7 Drawn By: Vlbnington, North Carolina 28402 GSF Telephone: 910452-0001 4+00 20 -10 lJ —10 )0 NA >w' LMG18.324 ember 18 of 19 RECEIVED APR 0 8 Z019 DCM-MHD CITY / I / I I I 1 1 1 \ � I I I 1 �1► __ 1� : _�� •• jl �r-`-f'� 11v ( I I I A 1 j vv vv �. � - � 1 j // b I IIII 1 II I I ,A�v I A l TII II it �� � 1� � i ,. Ill IIII II 1 1 4\\ I II 1 \\II Y`\ �—,{• 1 1 1 I ; 1 1 11 � 1 1 w 1 I •�__---- � j 1 i I 11 11 / l I M'1 I , I II / I I / 1 1 / iL- 1 1 It ' 1 / l r�s.. .►+e, I 1 11 1 j I\ II II 1 i� /I a► ') 1 1 1� 1 1� 1 1 ! 1 1V � .� �' I ?W OUTER MARSH EDGE " 1 ' 1 r •� !- I I I I 1 I / 141 chi j 1v vy p _1N�L1J1AtTS,, PRO I ---- - 'R©Fp - -IDE 5 RECEIVED APR 0 8 2019 DCM-MHD CITY .. M .,�✓KEY`.: A•. �y<Y r+"�J• � %'. x' t { -••. �Vv ��`-' !.7Y+�f • 7Su.Y + � .. +. a _� _' � .. � -,- ' �. ' Via. •i� r °pie+. :«i.�•,1/�` •,1.: .., ; iP"+,,.•� ✓y tire'• � a ,� k .•.1I. y �. Ativ el s ti AA Ix ! n .. "f�4 �,-fir.+ fit' �,! � . ♦ 14 ..,fir • j.Y+.�� ..,= r•, ' s i, ':'_' •' ,'y, Fes, % �° Wx., k r+ 41 1 • 1 k t i mot• y , k �, / .fir +, i.. t 'p'.; rrf :�1 4• OPERTY BO DARY` / A \ F AEC EXISTING ADJACENT P RE-) AND DOCKS TO REM IN 'EXISTING PIE \ AND DOC TO �, ORW/SA ^ OUN LINE �•�; ' CBE RE VED VEGETATIVE BUFFER/ SPOIL DISPOSAL `� PROP • SED CLIJOHOUSE -ANQ POOL \'PROPOSED 75` 36T LONG PROPERTY ROTHYMEDLIN LI 2641 N MARINA ENTRA 90' WIDE BY380' LONG (B EXISTING CANAL 70'-90' ,YIl BY 300' L NG zv o m CHANNEL 11/IAINTENANC DRE 40' WIDE- (SEE DETAI SF �CE CHA EL A$IIN TO )UV) FACT ROAD i VEGETATIVE BUFFER/ i- SPOIL DISPOSAL REBA AVERY ET AL --7 VEGETAT),VE BUFFER/ SP/OIL'DISPOSAL Legend IVED DCM WILM NO PROPERTY BOUNDARY ��lul��lui� NOTES: OCT 31 2018 Dale: 9I6A8 te Revision D70/ OM 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. LMG Shoalpmets Shoals At Lea's Waterfront Scale: Job Number. 2. NOT A SURVEYED OR ENGINEERED DRAWING. LAND MANAC,E.hIENT raoUF V=300' LMG16.324 1 FOR ENVIRONMENTAL PERMITTING ONLY. °"�''� °^ ^` Tine 3905 Wnghtsrllle Ave, Suite 15 Plan View Drawn By. Sheet Number: 0 wilmington, Nonh Caroline 28402 GSF 2 of 17 Telephone: 910452-0001 , J � PROP\O D LUBHOUSE AND R6 m g�0 50 6.00 / 700 25.50 30.3 fiA, .� 1 � 313.5 i - ROP'OSED KAYO, / \ 35.00 8.00 AND PRPDLE PAR i %BUNCH � / 4.50 13.50 Y ` 6.00 0 35.00 P RgFI LE 1 `�� •�' \ 40 0 y \� i i \` \\ 30.33 26. 1, \ 313`.7� � ' 41.5 4 6.00 ' / Y\ . \ i �' � ✓ 30.00 68.00 V ! V 3 .0 33.00 72.0 1 '\ 6.00 25' OFFSET��ROM NrI 1.s7 \r ' --- SAL OPEN SKELLFIS\ -I) 0. 6.00 10.50 , ---f — _ \ ` 1.50 / P POSED �000Kf K i' 72.0 HUT (O ENiPCRGO�A) 75 C \ / / 47.5 PROPOSE UMPOUT i �` \ 30 30 UFFER \ i of i ! \ QED ISULKH AD i \ so.00 1, 90' W I D )L-I�T—RA1 E/ \\\ kl \ Legend RECEIVED PROPERTY BOUNDARY -- -- -- -- — OCR WILMINGTON, NO Date: Rehsion Date. NOTES: L M G 916116 10/30/18 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 3 I ZQ �$ Shoals At Lea's Waterfront Scale. Job Number'. 2. NOT A SURVEYED OR ENGINEERED DRAWING. R ►VED I At M.>nnceNINT 61'IF V=60' LMG16.324 3. FOR ENVIRONMENTAL PERMITTING ONLY. °"a`� ""` Tide: 3B05 Wngh45Nlle Ase, Salle 15 Plao VIEW Drawn By. Sheet Number: O Wimington, Nonn Carolina —02 Marina Detail GSF 3 of 17 Mo Teleohone: g10.45&0001 10 ' XTILEOP W\CAMA12016 CAMA FILES102-16-324 --- Lea Tract, Faction, Rd, D Logan\CAD\Waters at Lea Island d DCM-MHD CITY 0 u 0 EXISTIN MR o� '\AEC �. AE m • \ \ / \ PP O E2 'i IL i 0 DRAINAG IPE \,(TO MAIN) MEDLIN PROPERTY 209 LEA'S LANE LEA PROPERTY 301 LEA'S LANE 0' BUFFER `sQ PR O \E BUL O i i / r' � so 1 i Y �1JO I ' WETL, DEAD RESTRICTION NOTES: 1. LOT NUMBERS 66, 67, 58 AND 59 WILL BE DEED RESTRICTED / PROHIBIT ANY BOAT SLIPS. / 2. LOT NUMBER 57 WILL BE RESTRICTED TO ONE SLIP LOCATED ON / THE SOUTHERN 39' PORTION OF THE LOT. 3. LOT NUMBERS 50 THROUGH 56, THE MEDLIN PROPERTY AT 209 LEA'S LANE AND THE LEA PROPERTY AT 301 LEA'S LANE WILL BE RESTRICTED TO ONE BOAT SLIP EACH. �+ OUTER MARSH 4. SEE APPENDIX C IN THE APPLICATION SUBMITTAL FOR DRAFT LANGUAGE. EDGE 5. LOT NUMBERS SUBJECT TO CHANGE. DEED RESTRICTIONS WILL BE PLACED SO THAT NO SLIPS IN THE ENTRANCE CHANNEL ARE WITHIN 200' OF THE NEAREST SLIP WITHIN THE BASIN AND SO THAT CHANNEL MAINTENANCE NO MORE THAN 10 SLIPS ARE ALLOWED ALONG THE CANAL ENTRANCE CHANNEL, REGARDLESS OF LOT NUMBERS AT TIME OF DREDGING LIMITS PLAT RECORDATION. Legend DCM WILMINGTON, NC PROPERTY BOUNDARY -- -- -- -- — 0 R i OCT31 2018 NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. RE 2. NOT A SURVEYED OR ENGINEERED DRAWING. CE�VEQ 3. FOR ENVIRONMENTAL PERMITTING ONLY. LMG LAND MANAGEMENT GROOl o.Ryft —,o., 3805 Wtightsnlle Ave, Suite 15 Wilmington, North Carolina 28402 Proiea: Shoals At Lea's Waterfront Date 9/6/18 Revisbn Date 10/30/16 Scale: V=80' Job Number: LMG16324 rigs Channel Detail Drawn By: GSF Sheet Number'. 5 of 17 to Telephone: 910-452-0001 iFILE011ulals CAMAt2016 CAMA FILESW2-16-324 --- Lea Tract, Factory Rd, D LogaMCA ypr5 e'Lea Islanddwg l.� MHo clry i \ o\ \ \7/AE0) VFG ETA SDIS i \ ,� ••� •• 77j j . 30' \ AE \ �\ JOINT O AL O / X" s % \ / NNW s \,• / ; /' : ' \ i WIP G L A\T) 77,8 40 f 91.55 87. 81_ 70`` �� r ! �� i OUTER MARSf'I,,--\_j / / / / / OUTER MARS R�cCF�VFO OC NoV 0 Legend CNCI_1�I�I���L7dlfi9 EDG EDGE \\ , I � � USACE SETBACK USACE ROW 895 r / USACE NAV19ATION NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. RECEIVED DCM WILMINGTON, NC OCT 312018 bill An LAND M.4NACEMENT GROUE 3805 Wrightsville, Sure 15 Vilminalon. North Carolina 2840 L Shoals At Lea's Waterfront 8I6I78 10/30/16 Swig: Job Number Title: Channel 1"=100' LMG16.324 Maintenance Dmm 9y: Sheet Number: Dredging Detail GSF 6 of 17 r-- TEMPORARY IMPACT " 797 S.F. 1 60" POND EQUALIZATION PIPE *' o If ®� l ✓/ i �' ROAD CROSSING IMPACT ®Q. moo 1,455 S.F. (2 3611 CULVERTS) SEE PROFILE 6 O \ O O O E) ®� O / o INN, % o, \I FACTORY ROAD a% ®I �" T ® I \ j ' \\ RPW IMPACT ONLY 68' V L.F. (2 36" CULVERTS) ° �\ © "/�, TEMPORARY IMPACT \ VIE) ® \ 0 _ � \ 350 S.F. 404 \`\ !I#\* o'�v- ®• r'� � 12 L.F. STREAM ON i'" ►-� \® © o ® 4 i ell LOT FILL 564 S.F. ti i®^ 51 MARINA/ENTRANCE HANN`IMPACT' 16,5 S.F. 404 •.\ 29 L.F. tREA\M ,_,, ,✓,,� �\ � �i ,; Total Permanent Impacts to769 CO STAL:'� `. Wetlands (404) \ 19,592 s.f. Wetlands (Coastal) 4R769 s.f. Streams 29 If J RPW 69\, If \� Total Temporary Impacts to: ` Wetlands (404) 1,147 \ s.f. Streams 12 \I.f. y ` Lege—"d O ECEIVED PROPERTY BOUNDARY Moiululuin DCM MWINGTON, INC Proled: Date: Revision Dale: NOTES: OCT 31 2018 LMG 916/18 0/30/18 Shoals Al Lea's Waterfront 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. Scale: Job Number: 2. NOT A SURVEYED OR ENGINEERED DRAWING. IAND minnnacnuwT GROUT Title 1"=300' LMG16.324 3. FOR ENVIRONMENTAL PERMITTING ONLY. °"' # `" n, wetland Impact 3805 WnghtsNlle Ave, Suite 15 P Drawn By: Sheet Number: 0 Wlmington, North Carolina 28402 Overview GSF 7 of 17 Teleohone: 910452-0001 VFI1-E011tlatatCAMAi2016 CAMA FILESt02-16-324 --- Lea Trad, Factory Rd, D Logan\CAD\Waters at Lea Island.dwg STORMWATER --�_ BMP O I — TEMPORARY IMPACT TO INSTALL 60" STORMWATER PIPE 797 S.F. RPW )ACT O 68 L.F. / 11 a RECEIVED PROPERTY BOUNDARY -- -- -- - DCM WILMINGTON, NC NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. OCT 3 1 2018 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. STREAM (NO IMPACTS) a PROPOSED STORMWATER BMP ROAD OSSING IMPACT 17455 Se . E PROFILE T Proled: Date: Revision Dare: L Shoals Al Lea's Waterfront 9/6 18 10/30/16 Scale: Jab Number: LAND MA6AI. NtENTG Ur Tlae V=60, LMG16.324 �# mmnan, 3805 WnBhtsvllle Ave. Suae 15 Welland Impact Drawn By: Sheet Number. Mlmington. North Carolina 28402 Detail 1 GSF 8 of 17 10, LOT FILL 1,564 S.F. 0 VEGETATIVE \ BUFFER/ ik \ SPOIL DISPOSAL �. • .� \ 10 \ \ R FC Ivotl IN % ;, C 8 Legend O C PROPERTY BOUNDARY -- -- -- —'T-r DCM RECEIVED MIING ON, NC NOTES: Project: Date. 9 e i6 Revision Dale: 0/30/i6 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. OCT S 1 ZOIS LM G Shoals At Lea's Waterfront S.Ie Job Number'. 2. NOT A SURVEYED OR ENGINEERED DRAWING. LANDMANRGFMENTG OF O11°''# Title. 1"=60' LMG1&324 3. FOR ENVIRONMENTAL PERMITTING ONLY. `ompa' 3805 WnghleNlle Ave, Suite 15 Wetland Impact Drawn By: Sheet Number: 0 30 60 190 Wimington, North Carolina 28402 Detail 2 GSF 9 of 17 L L L �C L / L \`• `\ i , L L L \ L L _ L LLLL L / L LILL LL \\ LL— A y( L / / LLL ''� y •� kL i LL \ F � i LLL i \ L ,� LL J� �' '� ��A P `L LL LLi \ HLL L LL LL \� i L�L � \ p LL / \ L \ / L LL \ L / LLL L \� �ir �� LL "� LLL L •V /, �� LL i TE 419 fZYi IMPACT Y" LLLL L i 1�1/ \ LLLL L \` i \ �` S.F. 404 i LLL LL 0 --". xi LLLL LLL \ i' I.F. STREW a �� LLLLL L � i \ �— ----- --� LL L �t\MARINx4/ENTRA?dCE\ LL lt\,HANN L lPdtPACTS L L 16\t 73,R 404 29,kf. . STF AM / t IN nill Q `\ lour / t COASTAL WETLAM? IMkWACTS \ 1769 S.F. `\ Olin \ 'i i� Legend PROPERTY BOUtSDARY --------- RECEIVED ACM WILMINGTON, NC Project Date: Revision Date NOTES: 0/30/18 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. yy p �' LM G Shoals A[ Lea's Waterfront 9/8AB �- d ZO�p Scale: Jab Number 2. NOT A SURVEYED OR ENGINEERED DRAWING. Lallo mnnnrentrryT cau°v Tide 1"=60' LMG16.324 3. FOR ENVIRONMENTAL PERMITTING ONLY. O11'�� �m�,^� 3805 WnghtsNlle Ave, Suite 15 Wetland Impact Dram By: Sheet Number: 0 Wilmington, Nonh Carolina 28402 Detail 3 GSF 10 o117 Telephone 910-452-0001 FILE01\dala\CAMA@016 CAMA FILESW2-16-324 --- Lea Tract, Factory Rd, D Logan\CAD\Walers at Lea Island.dwg PFjt6F1 \ /\ x A �. \ r I i r PROFILE �i \ \ CHANNEL MAINTENANCE DREDGING LIMITS i� ' �.., '� , ��, PROFILE OUTER MARSH -- EDGE USACE NAVIGATION CHANNEL Legend CHANNEL LIMITS — — — —.... — NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. RECEIVED DCM WILMINGTON, N Protect: Date: Rev son Date: tU6/16 10I30I16 7 1 3 UL I 2�18 L M G Shoals At Lea's Waterfront 5mb: o um er: k"10 MA�MGSN�tf CS003 a�MM� 1"=150' LMG16.324 TI6e: �0 6 10410Ni 3805 Wrightsville Ave, Suite 15 Wilmington, North Caroline 28402 Profile Loostlon$ Dmvn By: GSF Sheet Number: 11 of 17 Telephone: 910452-0001 1 30 C PROFILE 1 r— + 3�.•.- PROFILE 1 Station 0+00 1+00 2+00 3+00 4+00 5+00 30'BUFFER 30'BUFFER EXISTING GRADE 41 IIII I IIII 3:1 SLOPE UP TO EXISTING GRADE 75' AEC 1 .. 6' WIDE WOODEN ACCESS BOARDWALK ( (4+14) 75' AEC _ ILI ILIIIIII (0+00) IIII I -III NMW III�1 I_I==1 1EAD III_ —III PROPOSED BULK (DEPTH PER CONTRACTOR MLW — (---- III —III I _ FLOATING DOCKS NOT SHOWN III III PROPOSED BULKHEAD III (�--- III —III (DEPTH PER CONTRACTOR I' 1,77 III I I I III -III III: I I I I IIII 00 0 00 3 00 4 00 5 0 6 00 'T O CO O tDCD CD 0 NO Pecle, �O N V T N (0 OC� �0 9 2018 C/rY 0 DCM WILMINGTON, NC OCT 3x �0s NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING, 3. FOR ENVIRONMENTAL PERMITTING ONLY. IFILE01\datalCAMA12016 CAMA FILESX02-16-324 --- Lea Tract. Factory Rd. D Loaan\CAD\Waters at Lea island dwo 0 (MO 00 0000 Ln O to N A A O O 4+00 -30 20 10 rol AID )0 � LMG Shoals At Lea's Waterfront 916/18 10/30/18 Scale. Job Number. LAND MANAGEMENT GROUT As Noted LNIG16.324 e CIII # mm,ram Title: 3805 Wnghtsv iie Aw, Suite 15 Profile 1 Drawn By. Sheet Number'. Mlminglon, North Carolina 28402 GSF 12 Of 17 Telephone 91OA52-0001 PROFILE 3 WETLAND LINE N 2�+00 C m CD ° 0 i -1P 0 ` 1+1+00 ` 0+00 PROFILE 3 -= Station 1+00 2+00 1 r— NHW I I + MARSH OUTER EDGE JOINT COASTAL/404 404 WETLAND LINE WETLAND LINE ! i- J►� PROPOSED BULKHEAD DEPTH PER CONTRACTOR EXISTING GRADE _ ! !/NHW MLW CUT TO -6 MLW -- SSUMED 3:1 SLOPE) — r—ram —rl — 00 0+00 1+00 2+00 3+ sw M F RCCC/VED NOV 0 9 2018 DcM'MHO CITY 0 o DCM W�FME�VED NGTON,NC NOTES: oc T 31 201R T Prefect Shoals At Lea's Waterfront Date 916f18 Revision Date: 10/30118 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. �iL Scale: Job Number: 2. NOT A SURVEYED OR ENGINEERED DRAWING. LAND MANAGEMENT GWW Title As Noted LMG18.324 3. FOR ENVIRONMENTAL PERMITTING ONLY. 3805 Wrigntsvuls Ave, suite l5 profile Drawn By: Stoat Number: Wilmington, North Caroline 28402 GSF 14 of 17 Telephone: 910452-0001 EFILE01Wela\CAMA12018 CAMA FILES102-18-324 — Lea Treat, Factory Rd, D LogarACAMWatere at Lee Islend.dwg PROFILE 4 0 0 MAINTENANCE CHANNEL LIMITS m (D o� 10F00 — 0 -1P )IM1111 1 11 PROFILE 4 Station 1 +00 i /wo I / I I 1 +00 // 1 + 0 1 I / I MARSH ISLAND 1 I I I 2+00 3+�0 0 MAR II H OUTER EDGE I EXISTING GRADE - 40' WIDE BOX CUT TO -6 MLW \ / WITH ASSUMED 3:1 SLOPE UP TO EXISTING GRADE 00 0+00 1+00 2+00 3 0 RECEIV,,D NOV 092018 DCM MHo CITY 0 0 o a NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. DCMWILMN�oiV, NC OCT 31 2018 LMG Shoals At Lea's Waterfront ANAffMf,Na�,T f,R,u, a OOI[YS. mmrem Tibe'. ghtsville Ave, Suite 15 Profile 4 i. North Carolina 28402 oa° 916/18 10/30/18 Scale. Jab Number. As Noted LMG 16.324 Drawn By. Sheet Number: GSF 15 of 17 MAINTENANCE CHANNEL C, LIMITS PROFILE ———— _.. _.._ ___. 1+00 2+00 3+00 / SACE SETBACK USACE NAVIGATION CHA NEL PROFILE 5 Station 0+.00 1+00 2+00 3+00 4+00 EXISTING C RAID I I 40' WIDE BOX CUT TO -6 MLW - EXTENDS TO -6 MLW AT TIME OF CONSTRUCTION ACCESS TO NAVIGATION CHANNEL _ -- (IF NEEDED MAINTENANCE EVENTS) III --III III III _ � - -IIIE -- 00 0 00 1+ 0 2 r 00 3 00 4 00 5 �o 00 �0 �0 0 O O . O . O r •. Rn ° RECEIVED DCM WILMINGTON, NC NOTES: project Date: Revision Data 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 0 I 1 201R 916118 LMG Shoals At Lea's Waterfront 10/30/18 2. NOT A SURVEYED OR ENGINEERED DRAWING. I. AND MANAG9ME.NT GROUT Scale'. As Noted Job Number. LMG16.324 3. FOR ENVIRONMENTAL PERMITTING ONLY. Title: orlal%=�mt, Ave, Sate 15 Profile 5 Drawn By: Sheet Numbed Wilmington, gton, North Wlminglon, North Carolina 28402 GSE 16 Of 17 Telephone: 910-452-0001 \\FILE011da1a\CAMA\2016 CAMA FILES\02-16-324 --- Lee Tract, Factory Rd, D Lo9an\CAD\Water at Lea Island.dw9 EOP ROW �11 W I 0 EASEMENT o I 0 o � i K U) r m m 00 o� Fill As Needed 40 3 2 1 PROFILE 6 404 WETLAND LINE PROFILE 6 Curb Roadwa -0 25 0+00 \ Proposed Culvert (6" Below Grade) REEF/V�o NOV 092018 NOTES: 1. BASE CAD FILE FROM PARMOUNTE ENGINEERING. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. Station RECEIVED DCM WILMINGTON, NC OCT 31 2018 0+75 1 LMG Shoals At Lea's Waterfront I. AND MANAGFMF.NT GROIIr Title: a O�IIY�. cg- 3805 Wnghtsvllle Ave, suite 15 profile 6 Nlmmaton. NMh Carolina 28402 Existing Grade 40 30 20 10 0 00 9/6/18 10/30/18 Job Numbs,: As Noted LMG16.324 Sheet Numoec GSF 17 of 17 RECEIVED NOV 0 g 2018 DCM-MHD CITY