HomeMy WebLinkAbout102-18 8720 BEL Properties LLCPermit Class
NEW
Permit Number
102-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
RECEIVED
SEP 2 6 2018
DCM-MHD CITY
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to 8720 BEL Properties LLC c/o Julie Barefoot 8720 Bald Eagle Lane, Wilmington, NC 28411
Authorizing development in New Hanover County at adi. to the AIWW. 8720 Bald Eagle Lane.
Wilmington ; as requested in the permittee's application dated 4/16/18 (MP-1) and 4/17/18
(MP4) including attached workplan drawings (2) 1 of 2 dated revised 8/17/18 and 2 of 2 dated 4/17/18.
This permit, issued on September 6, 2018 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Doctrine Facility
1) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ
qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
JD-� V #":(
Braxtofi C. Davis, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
8720 BEL Properties, LLC Permit No. 102-18
Page 2 of 3
ADDITIONAL CONDITIONS
3j The permittee shall maintain +die 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.
4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) This permit authorizes a maximum of 5 formalized boat slips.
6) Should the northern adjacent property be sold prior to the initiation of construction of the northern boat
lift, the permittee shall obtain a written agreement from the new owner waiving the minimum setback
o
and submit it to the Division of Coastal Management prior to initiating construction of the northern boat
lift.
7) The pier and associated structures shall have 'a minirrium setback distance of 15 feet between any parts
of the structure and the southern adjacent property owners' riparian access corridor. .
8) The authorized covered platform shall not be enclosed. Any material used'on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
9) The authorized covered platform shall be single story, and shall not be designed to allow for second story
use.
10) 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.
General
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
12) This permit shall not be assigned, transferred, sold,• or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management. .
13) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
14) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
r ^
8720 BEL Properties, LLC Permit No.102-18
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit
197800056 (Action ID No. SAW-2018-01633), which was issued on 8/24/18.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2018-
01139.
NOTE: An application processing fee of $250 was received by DCM for this project.
RECEIVED
SEP 2 6 2018
DCM-MHD CITY
Applicant Name: (AeprV, ► e-tvol-- ✓t7wj5a- ",i. G
Address/Project Name: Zbni) PA LVK
75 day date: 1 o/4 0)
End PN/Comment Deadline: ®/-gtp $
30 Day Comment Period:
l v\,t'hAt y(eae-w GC- X fpL, ca�h-on - No fr.AAxic[ alp -Kai or G&O
((awyy t &rv{-W ►6JiSt4M vv/ O wv (' a Pwl° u-C OKI,
OAC Fd of rep i wyggfF Otam'y
wv, , 40 wY re rk P/LFc L f t-p 1.S .
arm vtJ r�vr a
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RECEIVED
SEP 2 6 2018
DCM-MHD CITY
I(P
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
JW14
1) APPLICANT: gaffe Barefoot 18720 BEL Properties, LLC COUNTY: New Hanover
PROJECT NAME: Barefoot Docking Facility
LOCATION OF PROJECT: 8720 Bald Eagle Ln., adjacent to the ARM & Middle Sound, in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-26-18
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: Brooks Surggan
DISTRICT MANAGER REVIEW:—
B) DATE RECEIVED BY MAJOR PERMITS UNIT: fl I
PUBLIC NOTICE RECD: 8-10-18
ADJ. RIP. PROP NOTICES RECD:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE: 1014 l g
MAIL OUT DATE: 8-7-18
FEDERAL DUE DATE: �
PERMIT FINAL ACTION: ISSUEK/ ENY,
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WHMINGTON
FEE RECD: $250 #22164
END OF NOTICE DATE: 8-31-18
DEED RECD:
ON:
150 DAY DEADLINE:
STATE DUE DATE: 8-31-18
FED COMMENTS RECD:
DRAFT ON 0IZ�
AGENCY
t J ref S1A4111 L
flYLti "^'
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Division of Community Assistance
VVM
x
Division of Coastal Management-LUP Consistency
Z'l
Y•
5 (5 l '(M �`
Public Water Section (DWR)
S /Qj
x(
Land Quality Section (DEMLR)
Division of Water Resources - 401 Section
Storm Water Management (DEMLR)
LGL covvL tw-n tS
State Property Office
Division of Archives & History
RECEIVED
Division of Marine Fisheries - Shellfish Section
Division of Highways (NCDOT)
,I
Wildlife Resources Commission
DCM-MHD CIT
Local Permit Officer
Division of Marine Fisheries - DCM+
2� GQj
X
Corps of Engineers- Regulatory Branch
fd (�
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Gthgral ipvtal) PCray� /GIB
Lit-
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ft
Recommendations for State Permit - George Barefoot (8720 BEL Properties, LLC) 817118
Shoreline length = -100 ft. x 8 sq. ft = 800 sq. ft. allowable
Existing fixed platform = 8' x12' = 96ftz
Existing floats = (2) 8' x 16' = 256ftz
Proposed fixed platform = 15.5' x 14' = 217 ft'
Proposed walkway = 4' x 16' = 64 ft2
Proposed walkway = 5' x 33' = 165 ft' (access, not counted)
Total = 633 ftz
The proposed boatlifts, walkways, and covered platform would provide docking space for the total
up to five (5) vessels at this location. It appears that the project is CONSISTENT with the use
standards set forth in NCAC 07H .0208(b)(6), including the '/4 width rule, the eight square foot
rule and the pier width rule. The proposed structures would be located entirely over open water.
This office has no objection to the proposed work, provided it is consistent with all other state and
federal permitting requirements.
RECEIVED
SEP 2 6 2018
DCM-MHD CITY
0(/
ROY COOPER
Garemar
MICHAEL S. REGAN
lC[nHan
BRAXTON DAVIS
f.r„a..
1n111.1 # 1 ,,anal A
August 7, 2018
iTel
yt�
C.�rt3.og.la.ol
Maria Dunn
NC Wildlife Resources Commission
For WiRO
AUG 2018
RECOV€C
Hablim
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEO - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev spears Ccilncdenr aov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: George Barefoot/ 8720 BEL Properties, LLC
Project Location: 8720 Bald Eagle Ln., adjacent to the AIWW, in New Hanover County
Proposed Project: to expand an existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by August 31, 201 & If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7;9270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
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.
SIGNED DATE e3:V1 ?mil
RECEIVED
ECEIVED
AUG 3 0 2018
SEP 2 6 2018
rr��//������ ��'� DCM WILMINGTON, NC
Sme of Nunn Carolum I Fnwroomcmd Qudar I Coa5W QQ grrl H D CITY
127 CadmJ Die Ea.. Wfl.mgt . NC 29405
919 796 7215
LV WV�tmZvLt-5
Spears, Courtney
From: Coburn, Chad
Sent: Friday, August 31, 2018 1:58 PM
To: Spears, Courtney
Subject: RE: 8720 BEL Properties LLC
I'm looking at it now ... just fyi... the bio report says that it's closed but the field investigation report says that it is open.
saw that DMF had no comment. It doesn't appear to need written approval from the DWR.
From: Spears, Courtney
Sent: Friday, August 31, 201810:18 AM
To: Coburn, Chad <chad.coburn@ncdenr.gov>
Subject: 8720 BEL Properties LLC
Hey,
Have you looked at this project yet? Liz issued the GP 56 a couple days ago — does that mean it's a "no written
concurrence" from DWR?
Thank you!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtnev. spearsCcDncdenr.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.
RECEIVED
SEP 2 6 2018
DCM-MHD CITY
e
RECEIVED
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
AUG 10 2018
J
1) APPLICANT: Gwle'Barejoot/8720BELProperties, LLC
COUNTY: New Hanover DCM-MHD CITY
PROJECT NAME: Barefoot Docking Facility
LOCATION OF PROJECT: 8720 Bald Eagle Ln., adjacent to the AIWW & Middle Sound, in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-26-18
FIELD RECOMMENDATION: Attached: Yes
To Be Forwarded: n/a
CONSISTENCY DETERMINATION: Attached: No
To Be Forwarded: n/a
FIELD REPRESENTATIVE: Brooks _
DISTRICT OFFICE: WILMINGTON
tS�urggan
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
FEE REC'D: S250 #22164
PUBLIC NOTICE REC'D: 8-10-18
END OF NOTICE DATE: 8-31-18
ADJ. RIP. PROP NOTICES REC'D:
DEED REC'D:
APPLICATION ASSIGNED TO:
ON:
C) 75 DAY DEADLINE: 1T/ / K
150 DAY DEADLINE:
MAIL OUT DATE: 8-7-18
STATE DUE DATE: 8-31-18
FEDERAL DUE DATE:
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY
DRAFT ON
AGENCY
�, '
Vfj%d '� C WSI S�
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Division of Community Assistance
'bV ( g
�(
Division of Coastal Management-LUP Consistency
" 29 0g
Public Water Section (DWR)
Q F1106
X
Land Quality Section (DEMLR)
Q D
Y
Division of Water Resources - 401 Section
S
See LCL
State Property Office
Division of Archives & History
13 Zl•{
K
Division of Marine Fisheries - Shellfish Section
ib 1 2-31 �2
Division of Highways (NCDOT)
X
Wildlife Resources Commission
Local Permit Officer
I/S
Dept
Division of Marine Fisheries - DCM
Corps of Engineers - Regulatory Branch
®�2 '
y
5A f Z0I 9
Recommendations for State Permit —George Barefoot (8720 BEL Properties, LLC) 8/7/18
Shoreline length = —100 ft. x 8 sq. ft = 800 sq. ft. allowable
Existing fixed platform = 8' x12' = 96ft2
Existing floats = (2) 8' x 16' = 256ft2
Proposed fixed platform = 15.5' x 14' = 217 ft2
Proposed walkway = 4' x 16' = 64 ft2
Proposed walkway = 5' x 33' = 165 ft2 (access, not counted)
Total = 633 ft2
The proposed boatlifts, walkways, and covered platform would provide docking space for the total
up to five (5) vessels at this location. It appears that the project is CONSISTENT with the use
standards set forth in NCAC 07H .0208(b)(6), including the '/. width rule, the eight square foot
rule and the pier width rule. The proposed structures would be located entirely over open water.
This office has no objection to the proposed work, provided it is consistent with all other state and
federal permitting requirements.
RECEIVED
AUG 10 2018
a11' 44AHD CITY
I,AK
ROY COOPER
MICHAEL S. REGAN
4rrrriun
BRAXTON DAVIS
Director,
Divieion r f('mflal Mamgemeut
August 7, 2018
TO: Mark Zeigler
Division of Community Assistance
Wilmington Regional Office
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.snears oC-ncdenr.gov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: George Barefoot / 8720 BEL Properties, LLC
Project Location: 8720 Bald Eagle Ln., adjacent to the AIWW, in New Hanover County
Proposed Project: to expand an existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by August 31, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-72270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
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.
SIGNED M DATE h1g
RECEIVED
AUG p 8 2018
DCM WILMINGTON, NC
Slate of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ere., Wilmington, NC 28405
919 796 7215
ws (
MEMORANDUM
To: Courtney Spears
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, — Julie
Barefoot-8720 BEL Properties, New Hanover County
Date: August 29, 2018
This project is consistent and not in conflict with the New Hanover County
Comprehensive Land Use Plan.
The applicant proposes to construct a new boatlifts, walkways and a covered deck. The
project is located at 8720 Bald Eagle Lane, adjacent to the AIWW and Middle Sound in
New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ORW and
PT. Waters at the project site are classified as SA-ORW and are open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation.
In general, New Hanover County allows development in Conservation classified AECs,
which is consistent with the State's minimum use standards. The New Hanover County
Comprehensive Land Use Plan contains some policies, which exceed the State's
minimum use standards. However, none of these standards appear to be applicable to this
proposal.
This project is consistent with the New Hanover County Comprehensive Land Use Plan.
Cc: File
ROY COOPER
covemor
MICHAEL S. REGAN
secretory
BRAXTON DAVISf�
Director,
Division ofCoaalal Management NORTH CAROLINA A
Environmental Quality A
Vivislon th
August 7, 2018 wiRp,PUbWafic ��eesupp� J
TO: Heidi Cox Y
Regional Engineering Supervisor
Public Water Supply-WiRO
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtney.spears (a)ncdenr.pov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: George Barefoot/8720 BEL Properties, LLC
Project Location: 8720 Bald Eagle Ln., adjacent to the AIWW, in New Hanover County
Proposed Project: to expand an existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by August 31, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-72270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
74 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. (J
SIGNED DATE D �/ /Z 5h
RECEIVED
DCM WILMINGTON, NC
State of North Carolina I Environmental Quality I Coastal Management H l 17 15 2018
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215
ROY COOPER
1
}
MICHAEL S. REGAN
BRAXTON DAVIS
D!ro[trnt
Divisive, ofCwstal Management
August 7, 2018��
1ZI/6
oil
TO: Dan Sams ``
District Manager-DEMLR
Wilmington Regional Office ``^
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (0).ncdenrgov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: George Barefoot/8720 BEL Properties, LLC
Project Location: 8720 Bald Eagle Ln., adjacent to the AIWW, in New Hanover County
Proposed Project: to expand an existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by August 31, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-72270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
SIGNED
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE -/Ls /U z0f e)
RECEivEp
AUG 10 20!8
Stale of North Carolina I Fnmronmental Quality', Coastal Managentern
127 Cardinal Dn,e Ext. Wilmington, NC 28405
ACM WILMINGTON NC
919 796 7215
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary 10
BRAXTON DAVIS
Dimaor, NORTH CAROLINA
DlvLsion OJY'aaslal Management
Environmental Quali(t
August 7, 2018
TO: Tim Walton
Dept of Administration
State Property Office
RECEIVED
AUG 10 2 8
DOA
STATE PROPERTY
OFFICE
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtney.spears (o)ncdenrgov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: George Barefoot / 8720 BEL Properties, LLC
Project Location: 8720 Bald Eagle Ln., adjacent to the AIWW, in New Hanover County
Proposed Project: to expand an existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by August 31, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-72270 when
appropriate, in-depth comments with supporting data is requested.
REPLY:
P)eS,%aeriAk%OL
e t5� Ly
ll
cLad
�aet-ed deg-% ,
C°
SIGNED
This agency has no objection to the project as proposed.
his 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.
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Eta., Wilmington, NC 28405
919 796 7215
RECEiVLD
DCM WILMING I ON, NC
I lX.w L w—� —
0L
Received: 08/ 14/2018
State Historic Preservation Office
ROY COOPER
MICHAEL S. REGAN ER 18-2081
Y.nt.}.
BRAXTON DAVIS 4D
Due -- 8/29/18
August 7, 2018
TO Renee Gledhill -Early
Dept of Cultural Resources O GGG
Archives & History
FROM Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext, Wilm NC 28405 Courtney savors Oncdenroov
Fax 910-395-3964 (Courier 04-16-33)
SUBJECT CAMA Application Review
Applicant: George Barefoot / 8720 BEL Properties, LLC
Project Location: 8720 Bald Eagle Ln , adjacent to the AlWW in New Hanover County
Proposed Project: to expand an existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
MUM this form to Courtney Spears at the address above by August 31, 2018. It you have
any questions regarding the proposed project contact Brooks Surgan at (910) 796-71(270 when
appropriate. in-depth comments with supporting data is requested
REPLY: This agency has no objection to the project as proposed
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
SIGNED p
SIGNED YC�;��;^^�l — DATE 0 �y •I�I
GLNI WUG 2NGT
4 2019 N
A
d NmhI ar ft P�..rwwewul (xWy (:M"Mier
i:'('YdXYI I]Tt f.l Wdw.111,1W.2 of
4191 .^IS
nTAN
ROY COOPER
Governor 7
MICHAEL S. REGAN
Slrnanry
BRAXTON DAVIS
INrcnnr' NORTH CAROL INA
Ulvinm o%fmsln/Mmmgemrnl
1-.mriranmemn! Qurdinr
August 7, 2018
TO: Shannon Jenkins
NC DMF
Shellfish Sanitation Section
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 cou tnev.spears gAncdenrgov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: George Barefoot/ 8720 BEL Properties, LLC
Project Location: 8720 Bald Eagle Ln., adjacent to the AIWW, in New Hanover County
Proposed Project: to expand an existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by August 31, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-72270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
fThis 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.
f-GI��N�V I<fI N�S
SIGNED f �� ��� �Gl DATE
(RECEIVED
AUG 2 3 zm
State or Nottll Carolina I Lavlronmental Qoality I Cna5lal Management
127 Cardinal lbive llxtL, Wilmington, NC 28405 DCM WILMINGTON, NC
919 796 7215
W(,
ROY COOPER
u.„,„�„r
MICHAEL S. REGAN
�, nrnmr
BRAXTON DAVIS
Director,
Dwaion of (wool Mmmgemenl
August 7, 2018
TO:
to
NORTH CAROLINA
E.nvironmenlal Qualin
David Harris
NC DOT
Roadside Environmental Unit
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.snears (a)..ncdenrgov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: George Barefoot18720 BEL Properties, LLC
Project Location: 8720 Bald Eagle Ln., adjacent to the AIWW, in New Hanover County
Proposed Project: to expand an existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by August 31, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7$270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
i< 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.
SIGNED&&j DATE 08IZ-0'IS
RECEIVED
OCM WILMINGI'ON. NC NWIVE
AUG 16 2018
State of North Carolina I Environmental Quality I Coastal Management �1a�1�
127 Cardinal Dnve Ext., Wilmington, NC 28405 r
919 796 7215
ROY COOPER
Ga vr
MICHAEL S. REGAN
seer
BRAXTON DAVIS
Dlrc ..
D"Idn ofCoo.SW U-09—Od
August.7, 2018
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Christine Boufford
Local Permit Officer
County -of- New. Hanover ,
------- ----
Courtney spears,
Major Pemrits; oo ma or
NC DEO - Division of_Coastal-Management
_
127 Cardinal Drive.Ext!, WlIM;;NC 28405,coudnevsoe6rs
&AMA Appticet on Re 46W
George Barefoot/ 8720BEL Properfies,-LLC
8720 Bald Eagle Ln., adjacent to the AIWW, in New Hanover County
Proposed Project: to expand.an existing private -docking facility'
Please indicate below your agency's position or AIowpoint:on the proposed,project,and,
return d& form to Coun1my Spears at the -address above by, August 31, 2018. _If you -have
'any.questions regarding the proposed•project, contact Brooks"Surgan at (910) 796-71270 when
=appropriate, inAepth-comments.with supporting data is requested.
s;
REPLY: This agency-has-nmobjection totha project as proposed.
This agency, has no comment on the proposed project.
This approves -of tha project only, ff ttje recommended "changes
are incorporated. See:attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE g /S /
RECEIVED
AUG 1 6 019
5We afKoa CmbaIEnv= mmulQuUtrIC—bdM—V-c c MP SECTION WIRO
U7 Cerd'me1 D&, Hat, N,lm'mom, NC M405
919796 V15
NEW HAIV-_OVER COUMV
PLANNING & LAND USE
230 Government -Center Drive, Suite -110, Wilmington,:NC 28403
P (910)798.71651 i F: (910) 798-7053 f' NHCgov.com
Wayne Clark, Director
August 15, 2o1i3
Courtney Spears/Brooks Surgan
jVC DEQ; Division of Coastal Management
127 Cardinal Drive:Ext:
Wilmington, NC28405
•RE CAMA Application Review —George B5refoot-8720 BEL Properties, LLC
Dear -Ms. Spears -&-Mr. Surgan:
The -New Hanover County:Planning-&-Land Use -review of the application to expand an existing docking ficility,at 8710--
Bald_Eagle-Lan_e approves of the project withthe condition that its expressly states the use is.only.forthe property owner
or -tenant and their -guests:
Please let me know if you have any questions,j can be reached at 910.798.7074.
Sincerely,
�
Christine R. Bouffard,
New Hanover County Zoning Official
RECEIVED
AUG 16 2018
MP SECTION WIRO
RECEIVED
AUa 16 'Y"I
MP SECTION WIRO
Mn�,
k:N I
ROY COOPER �nf
Uuv,vrur
MICHAEL S. REGAN
u,.wa,y
BRAXTON DAVIS
/).W.. NUI, i i I l.;,,,I ',i
Pimnr�, uf<'wntol Afnnug,.1eaf
F:nvirorouenm( (luu(up
August 7, 2018
TO: Curt Weychert
Fisheries Resource Specialist
MHC-DCM
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtney spears a().ncdenrgov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: George Barefoot / 8720 BEL Properties, LLC
Project Location: 8720 Bald Eagle Ln., adjacent to the AIWW, in New Hanover County
Proposed Project: to expand an existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by August 31, 201& If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-71270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
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.
SIGNED ��A _ DATE � _ 2_1 1B
bECEIVEL
RECEIVED
AUG 2 8 2018
)CM WILMINGTON, NC AUG 10 2018
State of NomaC.,.h.l rnVlleaalenlal Qaaldy l Coastal Management DCM—MHD CITY
127 Cardinal Dnw F.t., Wilnungtm, NC 28405
919 796 7215
0(/
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 24, 2018
Regulatory Division
Action ID No. SAW-2018-01633, General Permit No. 197800056
BEL Properties, LLC
Attn: Mr. George Barefoot
8720 Bald Eagle Lane
Wilmington, North Carolina 28411
Dear Mr. Barefoot:
Through coordination with the North Carolina Division of Coastal Management, we have learned of
your request to expand an existing private docking facility at 8720 Bald Eagle Lane, adjacent to the
AIW W and Middle Sound, in the Porters Neck subdivision, in Wilmington, New Hanover County, North
Carolina. Coordinates are: 34.2981 N,-77.7425 W.
On January 1, 2017, we renewed General (Regional) Permit No. 197800056, (copy enclosed), that
authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat
shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States
in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. General
Permit No. 197800056 expires December 31, 2021.
Your work is authorized provided it is accomplished in strict accordance with your submitted plans,
the enclosed general and special conditions.
Please read the enclosed permit to prevent an unintentional violation of Federal law. As this
Department of the Army regional general permit does not relieve you of the responsibility to obtain any
other required approvals, you should contact appropriate State and local agencies before beginning work
Thank you for your time and cooperation. If you have questions, please contact Ms. Liz Hair, of the
Wilmington Regulatory Field Office, telephone: (910) 251-4049.
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Enclosures:
Plans
GP56 conditions
Manatee Guidelines
RECEIVED
AUG 28-
DCM WILMINGTON, NC
-2-
e-Copy Furnished (w/enclosures)
Coastal Marine Construction
Attn: Mr. Jimmy M. North
6314 Wrightsville Avenue
Wilmington, North Carolina 28403
j immvmnorth(iris�anail.com
e-Copies Furnished (w/o enclosures):
Mr. Chad Coburn - NCDEQ/DWR
Ms. Courtney Spears — NCDEQ/DCM
Mr. Brooks Surgan — NCDEQ/DCM
RECEIVED
AUG 2 8 2018
DCM WILMINGTON, NC
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 26403-1343
August 24, 2018
Regulatory Division
Action ID No. SAW-2018-01633, General Permit No. 197800056
BEL Properties, LLC
Attn: Mr. George Barefoot
8720 Bald Eagle Lane
Wilmington, North Carolina 28411
Dear Mr. Barefoot:
Through coordination with the North Carolina Division of Coastal Management, we have learned of
your request to expand an existing private docking facility at 8720 Bald Eagle Lane, adjacent to the
AIW W and Middle Sound, in the Porters Neck subdivision, in Wilmington, New Hanover County, North
Carolina. Coordinates are: 34.2981 N,-77.7425 W.
On January 1, 2017, we renewed General (Regional) Permit No. 197800056, (copy enclosed), that
authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat
shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States
in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. General
Permit No. 197800056 expires December 31, 2021.
Your work is authorized provided it is accomplished in strict accordance with your submitted plans,
the enclosed general and special conditions.
Please read the enclosed permit to prevent an unintentional violation of Federal law. As this
Department of the Army regional general permit does not relieve you of the responsibility to obtain any
other required approvals, you should contact appropriate State and local agencies before beginning work.
Thank you for your time and cooperation. If you have questions, please contact Ms. Liz Hair, of the
Wilmington Regulatory Field Office, telephone: (910) 251-4049.
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Enclosures:
Plans
GP56 conditions
Manatee Guidelines
y 7 b+ v u rrolo.r
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.armv.mil/Missions/RegulatoryPermitProgram.as2x
General Permit No. 197800056
Name of Permittee: General Public
Effective Date: January 1, 2017
Expiration Date: December 31, 2021
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform 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 (33 U.S.C. 403),
and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and
renewed 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 MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS,
BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS,
DOLPHINS, JETTIES, GROINS AND BREAKWATER STRUCTURES IN
NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH
CAROLINA.
Projects must be constructed in conformance with the following standards in order to be
authorized by this RGP.
1. All piers, docks, boathouses and boat shelters will be pile -supported or
floating structures.
2. Pilings, dolphins, jetties and breakwater structures maybe constructed of
wood, metal, or pre -cast concrete. Groins may be constructed of wood, pre -cast concrete,
or rock riprap.
RECEIVED
AUG 2 8 2018
DCM WILMINGTON, NC
3. Breakwater structures will be designed to provide for adequate water
circulation landward of the structures.
This RGP does not authorize excavation or the discharge of excavated or fill material
within Waters of the US, except for the placement of structures for jetty, breakwater or
groin construction. This RGP does not authorize any work on Atlantic Ocean beaches.
The following definitions should be used for purposes of this regional general permit
(RGP):
a. Mean high water mark (MHWM): The line on the shore, in tidal water, reached by
the plane of the mean (average) high water. The precise determination of the actual
location of the line can be established by survey with the reference to the available tidal
datum, preferably averaged over a period of 18.6 years. A less precise method, such as
observation of the apparent shoreline, which is determined by reference to physical
markings, lines of vegetation, may be used for the purpose of this permit.
b. Ordinary High Water Mark (OHWM): The line on the shore, in non -tidal waters,
established by the fluctuations of water indicated by physical characteristics such as
clear, natural line impressed on the bank; shelving changes in the soil; destruction of
terrestrial vegetation; the presence of litter and debris; or other appropriate means that
consider the characteristics of the surrounding areas.
Special 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
http://www.saw.tisace.artnv.mil/Missions/Navigation/Setbacks.aspxx. 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 submit the information described in General Condition "x" and
obtain approval from the Corps prior to the construction of any structures within the
Federally Authorized Channel Setback.
b. Floating structures installed within the Federally Authorized Channel Setback
must be designed to be removable. No utilities or infrastructure shall be permanently
fixed/attached to floating structures located within the Federally Authorized Channel
Setback. The permittee must submit the information described in General Condition "x"
and obtain approval from the Wilmington District Corps of Engineers (Corps) prior to. the
construction of any structures within the Federally Authorized Channel Setback.
c. This general permit does not authorize construction across or into any natural or
manmade channel or waterbody in any manner that may adversely affect navigation by
the general public.
d. Piers, docks, boathouses, boat shelters and piles authorized by this general permit
may be extended or be located up to 400 feet waterward of the Mean High Water Mark
(MHWM) elevation contour (tidal areas) or the Ordinary High Water Mark (OHWM)
elevation contour (non -tidal areas) or one-third (1/3) the width of a waterbody, whichever
is closer to the shoreline, except as otherwise governed by the presence of a Federally
maintained channel.
e. The width of any pier will not exceed six (6) feet, unless the Corps determines, in
writing, that a greater width is necessary for safe use, to improve public access, or to
support a water dependent use that cannot otherwise occur.
f. The total square footage of shaded impact for docks and mooring facilities
(excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a
maximum of 800 square feet. In calculating the shaded impact, uncovered open water
slips shall not be counted in the total. The maximum size of any individual component of
the docking facility (excluding the pier) authorized by this General Permit shall not
exceed 400 square feet unless the Corps determines, in writing, that a greater width is
necessary for safe use, to improve public access, or to support a water dependent use that
cannot otherwise occur.
g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square
feet. Boatlifts will be open and will not exceed 400 square feet.
h. Boathouses, boatlifts, boat shelters and will not be constructed over Federally
jurisdictional wetlands.
i. Docks and piers extending over wetlands will be elevated sufficiently (minimum
of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or
other elements of the aquatic environment.
j. Groins, jetties or breakwater structures shall not be constructed in wetlands,
seagrasses and other submerged aquatic vegetation.
k. Piers and docking facilities located over submerged aquatic vegetation may be
constructed without prior consultation from the National Marine Fisheries Service if the
following two conditions are met:
1. Water depth at the docking facility location is equal to or greater than two feet
of water at mean low water level: and
2. The pier and docking facility is located to minimize the area of submerged
aquatic vegetation under the structure.
1. Floating piers and docking facilities located over submerged agu* ¢�
shall be allowed if the water depth between the bottom of the proposed strucfure and the
substrate is at least 18 inches at mean low water level. AUG 2 S 2018
DCM WILMINGTON, NC
m. Jetties will not extend farther than 100 feet waterward of the MHWM (tidal areas)
or the OHWM elevation contours.
n. This general permit does not authorize the installation of fueling facilities on
authorized structures.
o. Riprap groins shall not exceed a base width of 10 feet.
p. Riprap groins must be constructed of clean rock or masonry material and be of
sufficient size to prevent displacement by wave or current action.
q. No groin shall extend more than 25 feet waterward of the mean high water or
normal water level elevation contour.
r. Groins and jetties shall not be located within primary nursery areas
s. No jetty shall be constructed during the period between April 1 and September
30, unless the activity is approved by NCDMF and the NMFS.
t. Floating structures will be supported by material that will not become
waterlogged or sink when punctured, will be installed to provide for fluctuations of water
elevation, will be designed so that the structure will not rest on the bottom of the
waterbody at any time and will be secured in such manner as to not break away.
u. Breakwater structures will be no longer than 500 feet. They will have a minimum
of one -inch openings between standard width (6 to 12-inch) sheathing boards and at least
one, five-foot wide opening for each 100 linear feet of structure.
v. Breakwater structures may not be constructed so as to prohibit access to estuarine
waters or public trust areas.
w. 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.
x. It is possible that the authorized structure may be damaged by wave wash from
passing vessels. The issuance of this 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.
y. This general permit does not authorize habitable structures or any structure or
associated facility for non -water related use.
z. 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 U.S. Army Corps of Engineers 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.
aa. This general permit does not apply to structures within existing or proposed
marinas as defined by North Carolina Administrative Code, Title 15, Subchapter
7H.0208(b)(5).
bb. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the
North Carolina Division of Coastal Management before the onset of the proposed
activity. Should a Federal activity within any one of North Carolina's twenty coastal
counties or which could affect a coastal use or resource in any one of North Carolina's
twenty coastal counties be proposed by a Federal agency, a consistency determination
pursuant to Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal
agency to the North Carolina Division of Coastal Management before the onset of the
proposed activity.
General Conditions.
a. 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 within waters or wetlands, at any time in the construction or maintenance of this
project. 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.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. 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.
d. 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).
RECEIVED
AUG 2 8 2018
QCM WILMINGTON, NC
e. 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 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.
f. 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 of Engineers, to remove, relocate, or alter the structural work or obstructions caused
thereby, without expense to the United States. No claim shall be made against the United
States on account of any such removal or alteration.
g. 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.
h. 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. The permittee must submit the information described in General
Condition'Y' and obtain approval from the Wilmington District Engineer prior to the
initiation of any activity that has the potential to modify or conflict with a federally
authorized project.
i. The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement
and/or prior to commencing construction of any structures, authorized dredging or other
work within the right-of-way of, or in proximity to, a federally designated disposal area.
The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue,
Wilmington, North Carolina 28403-1343, email: SAWWeb-NAV n,usace.army.mil j.
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.
k. This general permit does not grant any property rights or exclusive privileges.
1. This permit does not authorize any injury to the property or rights of others.
m. This general permit does not authorize the interference with any existing or
proposed federal project.
n. In issuing this 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 permit.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
o. 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.
p. No activity may occur in a component of the National Wild and Scenic River
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.)
q. 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 VED
provides the Corps with a certification from the Secretary of Commerce that the proposed
AUG 2 8 2018
DCM WILMINGTON, NC
activity is consistent with the purposes of Title III of the Marine Protection, Research and
Sanctuaries Act. Information on marine sanctuaries may be obtained at
http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the
Corps with a written certification from the Department of Commerce.
r. 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 (NHPA) have been satisfied. Permittees must submit
the information described in General Condition "x" to the Corps if any properties subject
to the above criteria may be affected by the proposed project. The permittee may not
begin work until notified by the Corps that the requirements of the NHPA have been
satisfied and that the activity is authorized.
s. If you discover any previously unknown historic, cultural or archeological
remains and artifacts while accomplishing the activity authorized by this 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.
t. 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: http://www.fws.gov/ or
http://www.fws.eov/inac/ or httr)://www.noaa.gov/fisheries.html. Permittees must submit
the information described in General Condition "x" to the Corps if any listed species or
designated critical habitat may be affected by the proposed project. Permittees may not
begin work until notified by the Wilmington District Engineer that the requirements of
the ESA have been satisfied and that the activity is authorized.
*Note - Section 7 consultation has been completed for the West Indian Manatee and
if the activity might affect the manatee, the permittee does not have to submit the
information in General Condition "x" to the District Engineer as long the permittee
complies with General Condition "u". Section 7 consultation has been completed for the
Northern long-eared bat and the permittee must submit the information described in
General Condition "x" to the District Engineer prior to commencing the activity if the
project meets the criteria in General Condition "v".
u. In order to further protect the endangered West Indian Manatee (Trichechus
manatus), the permittee must implement the USFWS' Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammaUmanatee ruidelines.adf.
v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the United States Fish and Wildlife Service (Service) in regards to the threatened
Northern long-eared bat (NLEB) (A&tis septerrtrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects
to other federally listed species and/or to federally -designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to
include non-federal aid North Carolina Department of Transportation
(NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina, and is a
non-NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the
project is not being funded by a federal entity, the Corps will be the lead federal agency
due to the requirement to obtain Department of the Army authorization to impact waters
of the U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
(1) A permittee using a Nationwide Permit (NWP) or a Regional General Permit
(RGP) must check to see if their project is located in the range of the NLEB by
using the following website:
hqp://www.fws.gov/midwest/endanizered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive
activities (e.g., blasting, pile driving, etc.), the permittee is then required to check
the appropriate website in the paragraph below to discover if their project:
• is located in a 12-digit Hydrologic Unit Code area ("red HUC" - shown as
red areas on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
hqp://www.fws.gov/asheville/htmis/prroiect review/NLEB in WNC.html. F`A'LCEiVED
AUG 2 S 201E
OCM WILMINGTON, NC
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
https://www.fws.gov/raleigh/NLEB RFO.html.
(2) A permittee must submit a pre -construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
• tree clearing/removal, construction/installation of wind turbines in a red
HUC, AND/OR;
bridge removal or maintenance, unless the bridge has been inspected and
there is no evidence of bat use, (applies anywhere in the range of the
NLEB), AND/OR:
• percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either
the Corps or the USFWS, provided the activity complies with all applicable NWP
terms and general and regional conditions, or all applicable RGP terms and general
and special conditions, and if the permittee's review under A.(1) and A.(2) above
shows that the project is:
• located outside of a red HUC (and there are no percussive activities),
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary,
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• located in a red HUC, but the activity will NOT include: tree
clearing/removal; construction/installation of wind turbines; bridge removal
or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, and/or; any percussive activities.
B. Procedures when the Corps is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal
agency has completed project -specific ESA Section 7(a)(2) consultation for the NLEB,
and has (1) determined that the project would not cause prohibited incidental take of the
NLEB, and (2) completed coordination/consultation that is required by the Service (per
the directions on the respective Service office's website), that project may proceed
10
without notification to either the Corps or the Service, provided all General and Regional
Permit Conditions (for NWPs), or RGP general and special conditions (for RGPs) are
met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: hh://www.saw.usace.army.mil/Missions/Re ug latory-Permit-
Proeram/Agency-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at (910) 251- 4633.
w. 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.
x. For activities that require approval from the Corps prior to initiating any work, the
permittee must submit the following information to the appropriate Corps Regulatory
Field Office:
1. Name, address and telephone number of the prospective permittee.
2. Location of the proposed project, including waterbody, nearest community and
county.
3. A detailed description of the proposed project, including applicable project
details such as width, height, length of structures or fills, piling span, distance
from the shoreline, type of materials, location of structure(s), and the amount
of proposed impact to waters and/or wetlands. The description should be
sufficiently detailed to allow the Wilmington District Engineer to determine
that the adverse effect of the project will be minimal and to determine the need
for compensatory mitigation. Project drawings should be provided when
necessary to show that the activity complies with the terms of the RGP.
(Drawings usually clarify the project and when provided results in a quicker
decision. Drawings should contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans).
y. 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
Insurance Program.
z. 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
RECEIVED
t t AUG 2 8 2018
0CM WILMINGTON, NC
authorized facilities, For £nether information, the permitteo should contact Coast Guard
Sector North Carolina at (410) 772�2131. or email Coast Guard Fifth District at
cgid5ivaterways�a,iiacg.riuT:
as, `I'he,permittee must maintain any structure or work, authorized bythis permit in
good. condition and in; conformance with the terms and conditions of this permit. The
Permittee is not relieved ofthis requirement if the Pernittee abandons the structure or
work.. Transfer in fee simple of the work authorized by this permit will, automatically
transfer this permit to the property's new owner, with: all of the rights andresponsibiilities
enumeratedherein, The permitteemustinformany subsequent owner°of all activities,.
undertaken under the authority of this permit and, provide the subsequent ownerwith a
copy of the terms' and conditions of this permit,
bb. At his 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,.thc procedures for processing an individual permit in
aceordance with, 33 CM 325 willbeavailable.
co. Except as authorized by this general permit or any Corps appmvedmoditication
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• Metal products,, organic materials (including debris from land clearing'
activities), or unsightly debris will not be used.
dd. 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..
ee. Activities which have commenced (i.e., aw under construction) or are under
contract to commence in reliance upon this general permit will. remain. authorized"
provided the activity, is completed within twelye months of the date of the general..
•pennif s expiration, modification, or revocation. Activities completed under the
authorization of this general permit that were in effect at the time the activity was
completed continue to be, authorized by the general permit.
BY AUTHORITY OF THE.SECRETARY OF THE ARMY:
FOR THE COMMANDER:
ScottMcLendon.. -
Chief, Regulatory Division
Wilmington District
12;
M
ITnited 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 manaeus), 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 mans ee's principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in -water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Envhx mnentai 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 babit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water -related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.
RECEIVED
AUG 2 S 2018
DCM WILMINGTON, NC
Ida pqataee is A6mWft 1,90 yards ofil* actlye, construeflonandtior dredging -u..or-v=0l
areratio
,mavement, alappropriate,,pmocautions will beimplemonted tD,'=mwuprot6cdoll.dftfiQ inefi4m tiesis
6ftlid operational area. of U-d-pWont Adr dcs will has AP ft
4.,Azylddlli§l0h,WM and(br;
:to
1*40-1$4
b"pstadja a4vp8seiN associated, the Yasael;
w1A. -
CAUTIM The en&in&rd(L bmurnin: these -waters, during- tiiq vM0 months;.
rar*'')'n 'Uno;
Y�
0f' 0 or 0 Ta asset'
rt ,reported
p 'edummdiart I to.:tha TTS Fish and Wildlife Service (pl9 856 4520), the National IGIariue
Fisheries Service (252;.729'-9162);,.,and the North Carolina Wildly :Resources: C (2527'
4484'546).
6. Thezontractor wm a -log, detailing aigbfiV, collisions, anger injuries tomaft&66sidming
project., aactivities.:q Upon completion of the action, the project -manager- will pimpaie Arep-ckf WA
eft6,bi!ht0&dW submiifthercp6ft,to Field
Office,
-- t - at
7• Altydssdisi associated With construction'Pral advoa Operafa "rp waidAde'' qpe at alt *w
while in,"W where the of the vessel provides less thpn�wfbar.foot clqarpqcelk'q mithe bottom All
Vessels, Will £ollo�vrouties of -deep water Oeraver P9410,
K If siltailein barriers toust lw:fgqaa_§hallo barriers ado of materu in
which, magatees cannot be oU6 ).sqqqcl ln,a manner; that they cannel break -free, and
enWoemanatees; ,land, ,(r,)regtguly,mmffoxe&tDensure that�manateeshayamofbecomoeitt6nglel
,Barriers wilt I be p*644mamamer to allow manatees entry to or exiUromesscfitial.hdbital
FrepemdWOev,-02017)'-..
u.tLemsh' andlWfre seN454
Post Office Box 33728
919/8564520
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.
M.
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. I987. 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
3 AUG 2 8 2018
QCM WILMINGTON, NC
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: AIWW
Fee: $250#�2164
, /�
CDAITS � MHC co !'
Applicant 8720 SEL Properties, LLC clo George Barefoot
Agent/Contractor Jimmy North
Project Site County: New Hanover
%Di'Wilmington
Staff: Brooks Surgan
i
Project Name: Barefoot Dock Fxpansion
Rover File: nla River Basin: Cape Fear
Initial date of application submittal:7-16-18
Date application "received as complete" in the Field office:
Permit Authorization: �( MA El Dredge & Fill Both
SITE DESCRIPTIONIPERMIT INFORMATION
ORW
Phoos TakenYes No
Setback Required (riparian): Yes No
Critical Habitat: Yes XNc, UNotSure
15 foot waiver obtained: Ves No
Hazard tification tumed:
❑YesANo
SAV: []Yes No ❑Not Sure
Shell Bottom: 0Yes No ❑ Not
Temporary Impacts: Yes No
Sure
Sandbags: ❑Yes No Not Sure
Did the land use dlssification come
LUP:PQYes No
❑ from
MitigatiwRequired (optional):
❑Yes 14No
county
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline: 1
[]Yes NNo ❑NA
[_]Yes No []NA100
F
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
pe -or- Closed
E W
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) r Swamp Waters (SW)
High Quality Waters (HOW) Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
(404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender {Limonium sp.)
(SS) Glasswort ( Salicomia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
(SA) $aft marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
1 cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.) i
spicata)
sp )
(JR) Black needlerush (Juncos
F1 (SP) SalVmeadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
III(A) Private w/ O&F up to 1 acre; 3490
❑ III(D) Priv. public or comm wl D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
Minor Modification to a CAMA Major
Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
III(B) Public or commercial w7 D&F to 1
Express Permit - $2000
acre; 4144 can be applied - $400
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
AUG 10 2
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
D CITY
Barefoot, George
Date: 7-16-18
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
I I
Activity Name
Number
Choose
One
Choose
one
Dimension 1 Dimension 2
Dimension 3 Dimension a
(.
+"
New Work
i Maint ❑
Replace
❑ Y JKN
t
New Work
Maint
Replace
❑ Y K N
r r
`T 1
!
Work
Ma ❑
❑YNew ce
aOJN
33'
1
[�tar�r'4
New Work
Maint ❑
Replace
❑ Y O(N
New Work ❑
Replace
j
Maint ❑
❑ Y ❑ N
j
New Work ❑
Replace
Maint ❑
I ❑ Y ❑ N
i
i
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet
TOTAL Sq. Ft
FINAL Sq. Ft
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
im damount)
tern impacts)
amount
Dredge ❑
Fill ❑
Both ❑
Other ❑
Dredge ❑
Fill ❑
Both ❑
Other ❑
I
Dredge ❑
Fill ❑
Both ❑
Other ❑
i
Dredge ❑
Fill ❑
Both ❑
Other ❑
j
Dredge ❑
Fill ❑
Both ❑
Other ❑
Dredge ❑
Fill ❑
Both ❑
Other ❑
I
I
L Dredge ElFill
ElBoth
❑
Other [I
Dredge ❑
Fill ❑
Both ❑
Other ❑
-----------
',..
919-733-2293 :: 1.888-4RCOAST :: www.nccoastatmanagement.net revised: 2-26.2018
Major Permit Fee Schedule
project Name. County:
DCM %
Development Type
Fee
j143001501435100093162W
I Private,.non-cornmeraal development
that does not involve the filling or
T-1
excavation of any wetlands or open water
ateas.
$250
1000J. ($250) ..
+, Public or commercial development that
does not involve the tilling or excavation
of any webands or open water areas;
$400
100% ($400)
Ul: For olewiripment: that involves the
filling and/or excavation of up to 1 arse of
(lands and/or open water areas,
determine ifA.B, G, or D below applies:
III(A). Private; non-commercial
development. fir General Water Quality
CCertification No. 4144 (See attached) can
be applied.
$250
100% ($250)
lll(B). Public or c4ntmercial development,
if General Water Quality CerhficaEian No
144 iSee attached) can be applied:
$400
100% ($400)
III(C). If General Water Quality
Certification No. 4144,(see attached)
could be applied. but DCM staff
determined that additional review and
+ttenQW4 concUirenC4 is. needed
Cause of Concerns related to Water
quality or aquatic life:
$400
60% ($240)
Ill(D). If General Water Quality
Certdicanor, No 41" (see attached}
cannot be applied, ..
$400
60% ($240)
fV. Development that involves the filling
and/or excavation of more than one acre
f wetlands and/or open water areas
$475
60% ($2$5)
i
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
7/25/2018
Coastal Marine Piers
George Barefoot
Wells Fargo
22164
$250.00
major fee, 9720 Bald Eagle
BS rct. 6907
Bulkheads LLC
(8720 BEL
Lane, Wilmington NHCo
Properties, LLC)
NO Split
w
>
o
o
H
U
W
2
W
X
¢
U
C]
ROY COOPER
( enrar
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
1),m mr, lhrtdon,,fOmsrol Mnrmgemenl
August 7, 2018
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for: George Barefoot / New Hanover County
Hello Angie: Please publish the attached Notice in the Friday, August 10, 2018 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the
attention of Tanya Wright, (Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington
office.
Sincerely, %�
Shaun�n '
Permitting Support & Customer Assistance
cc: MHC Files
Courtney Spears - WiRO
Liz Hair - USACE
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
RECEIVED
AUG 10 2018
DCM-MHD CITY
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following application was submitted on July 26, 2018 for a development permit in an Area of
Environmental Concern as designated under the LAMA: 8720 BEL Properties, LLC proposed to expand an
existing docking facility at 8720 Bald Eagle Lane, adjacent to the AIWW, in Wilmington, New Hanover
County. A copy of the application can be examined or copied at the office of Brooks Surgan, N.C. Dept. of
Environmental Quality, Division of Coastal Management,127 Cardinal Drive Ext., Wilmington, NC 28405, (910)
796-7270 during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to August 31, 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
AUG 10 2018
DCM-MHD CITY
SOU
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
JwLf..e,— uluO Dr 01TYIPr'
1. APPLICANT'S NAME: Gory€ Barefoot (8720 BEL Prop rties, LLC) c/o Jimmy North
2. LOCATION OF PROJECT SITE: 8720 Bald Eagle Lane, adjacent to the Atlantic
Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County.
Photo Index — 2006: 25-6595: W, 13 Lat: 34117'53.27"N Long: 77144'33.32"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — August 1, 2018
Was Applicant Present — No
5. PROCESSING PROCEDURE
Application Received — July 16, 2018
Complete —July 26, 2018
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Wilmington —
New Hanover County
Classification From LUP — Resource
Protection (Upland), Conservation
(Open Water)
(B) AEC(s) Involved: ORW, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing
— N/A
Planned
— N/A
(F) Type of Structures: Existing
— Single family residence, 3 slip private
docking facility
Planned — Install new boatlifts, walkways, and a covered
deck
(G) Estimated Annual Rate of Erosion: N/A Source — N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(Open water
810 ft2
(incorporated)
(C) Other (Highground)
(D) Total Area Disturbed: 810 ftz (0.02 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to install new boatlifts, walkways, and a
covered deck.
jer�Barefoot (8720 BEL Properties, LLC) cfo Jimmy North
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 8720 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway
(AIWW) and Middle Sound, in New Hanover County. To locate the property of interest from Market
Street (NC Hwy 17), turn right on to Porters Neck Road and continue east through the traffic circle
approximately 2 miles. At the stop sign, turn left on to Bald Eagle Lane and travel south
approximately 1 mile and the property of interest will be located on the right.
The property is approximately 0.77 acres and is elevated approximately 12' above normal high
water (NHW). A single family home with a private docking facility is currently located on this
property. The approximately 100' of shoreline is stabilized by an existing vinyl bulkhead. There
are no Coastal Wetlands waterward of the existing bulkhead aside from a small marsh fringe
consisting primarily of Smooth Cordgrass (Spartina altemiflora) at the southern comer of the
bulkhead. The property is bordered by residential properties to the north, south, and west. This
property, along with the northern and southern adjacent riparian properties, are bordered by a
man-made access channel. This channel connects the docking facilities at these properties to
the AIWW to the east. Dimensions of the access channel measures approximately 700' in length
by 40' in width with water depths ranging from approximately 4to -6' at mean low water (MLW).
There is an existing private docking facility with a fixed platform measuring approximately 8' in
width by 12' in length extending waterward from the bulkhead towards the AIWW. Extending
waterward from the fixed platform is an approximately 4' wide by 16' long ramp connection to an
8' in width by 16' in length floating platform oriented perpendicular to the man-made channel. On
the south facing side and at the end of the float, is another float measuring approximately 8' in
width and 16' in length oriented parallel to the man-made channel that was authorized under
General Permit #60618D. Conditions on General Permit #606181) state that no more than two
(2) boat -slips are authorized at this docking facility. A 15' by 16' boatlift is located on the north
facing side of the perpendicular float and was authorized under General Permit #66593D. An
unauthorized fixed covered platform measuring approximately 15.5' wide by 14' long is located
adjacent to the 8' by 12' fixed platform on the south side and extends from the bulkhead waterward
towards the channel. Permit history shows that an 8' wide by 8' long open fixed platform extension
to the 8' by 12' fixed platform was authorized under General Permit #665931) but was not
constructed to those specifications. The existing docking facility can accommodate up to two (2)
vessels as previously authorized.
The City of Wilmington/New Hanover County 2006 Land Use Plan classifies the adjacent waters
as Conservation, and the adjacent high ground portion of the project area as Resource Protection.
The waters of the project site are classified as SA-ORW by the NC Division of Water Resources.
The NC Division of Marine Fisheries has not designated this area of Middle Sound as a Primary
Nursery Area (PNA), and the waters adjacent to the proposed project are closed to the harvesting
of shellfish.
PROPOSED PROJECT:
The applicant proposes to install new boatlifts, walkways, and a covered deck at an existing
docking facility. The proposed walkways would be constructed to the north of the existing 8' by
12' fixed platform. A 4' wide by 16' long walkway would run parallel along the existing bulkhead
and connect to the south side of a proposed 5' wide by 33' long walkway extending from the
U
J, Ue,
geergirBarefoot (8720 BEL Properties, LLC) Go Jimmy North
Page Two
bulkhead toward the channel. On the north facing waterward end of the proposed 5' by 33'
walkway would be a new 13' by 14' boatlift. Another 13' by 14' boatlift is proposed at the south
end of the existing floats. The application states that the proposed structures would
accommodate up to five (5) vessels at this location. The applicant is also including the 15.5' by
14' covered fixed platform in this application to bring the structure in to compliance.
10. ANTICIPATED IMPACTS
The proposed structures would incorporate 810 sq. ft. of Estuarine Waters and Pubic Trust Area.
Currently, the existing docking facility extends approximately 33' in to a waterbody measuring
approximately 700' in width. The proposed boatlift to the north of the existing docking facility
would encroach into the adjacent 15' riparian corridor setback, however a waiver has been signed
and received from that neighbor. As proposed, the proposed structures would not extend beyond
the existing docking facility, which would comply with the '% width distance and the established
pier length. The, proposed structures would not encroach on the Army Corps Federal Channel
Setback requirement within the AIWW. The proposed docking facility would accommodate up to
five (5) vessels in water depths of approximately -4' at MLW. Minor increases in turbidity should
be expected during construction.
Submitted by: Brooks Surgan Date: August 7, 2018 Office: Wilmington
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: George Barefoot (8720 BEL Properties, LLC) c/o Jimmy North
2. LOCATION OF PROJECT SITE: 8720 Bald Eagle Lane, adjacent to the Atlantic
Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County.
Photo Index — 2006: 25-6595: W, 13 Lat: 34017'53.27"N Long: 77144'33.32"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — August 1, 2018
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — July 16, 2018
Complete — July 26, 2018
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Wilmington — New Hanover County
Classification From LUP — Resource Protection (Upland), Conservation
(Open Water)
(B) AEC(s) Involved: ORW, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — N/A
Planned — N/A
(F) Type of Structures: Existing — Single family residence, 3 slip private
docking facility
Planned — Install new boatlifts, walkways, and a covered
deck
(G) Estimated Annual Rate of Erosion: N/A Source — N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FII I Fr) OTHFR
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(Open water
810 ft2
(incorporated)
(C) Other(Highground)
(D) Total Area Disturbed: 810 ft' (0.02 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to install new boatlifts, walkways, and a
covered deck.
RECEIVED
'AUG 10 2018
DCM-MHD CITY
George Barefoot (8720 BEL Properties, LLC) c/o Jimmy North
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 8720 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway
(AIWW) and Middle Sound, in New Hanover County. To locate the property of interest from Market
Street (NC Hwy 17), turn right on to Porters Neck Road and continue east through the traffic circle
approximately 2 miles. At the stop sign, turn left on to Bald Eagle Lane and travel south
approximately 1 mile and the property of interest will be located on the right.
The property is approximately 0.77 acres and is elevated approximately 12' above normal high
water (NHW). A single family home with a private docking facility is currently located on this
property. The approximately 100' of shoreline is stabilized by an existing vinyl bulkhead. There
are no Coastal Wetlands waterward of the existing bulkhead aside from a small marsh fringe
consisting primarily of Smooth Cordgrass (Spartina altemltlora) at the southern corner of the
bulkhead. The property is bordered by residential properties to the north, south, and west. This
property, along with the northern and southern adjacent riparian properties, are bordered by a
man-made access channel. This channel connects the docking facilities at these properties to
the AIWW to the east. Dimensions of the access channel measures approximately 700' in length
by 40' in width with water depths ranging from approximately -4' to -6' at mean low water (MLW).
There is an existing private docking facility with a fixed platform measuring approximately 8' in
width by 12' in length extending waterward from the bulkhead towards the AIWW. Extending
waterward from the fixed platform is an approximately 4' wide by 16' long ramp connection to an
8' in width by 16' in length floating platform oriented perpendicular to the man-made channel. On
the south facing side and at the end of the float, is another float measuring approximately 8' in
width and 16' in length oriented parallel to the man-made channel that was authorized under
General Permit #60618D. Conditions on General Permit #60618D state that no more than two
(2) boat -slips are authorized at this docking facility. A 15' by 16' boatlift is located on the north
facing side of the perpendicular float and was authorized under General Permit #66593D. An
unauthorized fixed covered platform measuring approximately 15.5' wide by 14' long is located
adjacent to the 8' by 12' fixed platform on the south side and extends from the bulkhead waterward
towards the channel. Permit history shows that an 8' wide by 8' long open fixed platform extension
to the 8' by 12' fixed platform was authorized under General Permit #66593D but was not
constructed to those specifications. The existing docking facility can accommodate up to two (2)
vessels as previously authorized.
The City of Wilmington/New Hanover County 2006 Land Use Plan classifies the adjacent waters
as Conservation, and the adjacent high ground portion of the project area as Resource Protection.
The waters of the project site are classified as SA-ORW by the NC Division of Water Resources.
The NC Division of Marine Fisheries has not designated this area of Middle Sound as a Primary
Nursery Area (PNA), and the waters adjacent to the proposed project are closed to the harvesting
of shellfish.
PROPOSED PROJECT:
The applicant proposes to install new boatlifts, walkways, and a covered deck at an existing
docking facility. The proposed walkways would be constructed to the north of the existing 8' by
12' fixed platform. A 4' wide by 16' long walkway would run parallel along the existing bulkhead
and connect to the south side of a proposed 5' wide by 33' long walkway extending frog the
E(VED
AUG 10 Zola
DCM-MHD CITY
George Barefoot (8720 BEL Properties, LLC) c/o Jimmy North
Page Two
bulkhead toward the channel. On the north facing waterward end of the proposed 5' by 33'
walkway would be a new 13' by 14' boatlift. Another 13' by 14' boatlift is proposed at the south
end of the existing floats. The application states that the proposed structures would
accommodate up to five (5) vessels at this location. The applicant is also including the 15.5' by
14' covered fixed platform in this application to bring the structure in to compliance.
10. ANTICIPATED IMPACTS
The proposed structures would incorporate 810 sq. ft. of Estuarine Waters and Pubic Trust Area.
Currently, the existing docking facility extends approximately 33' in to a waterbody measuring
approximately 700' in width. The proposed boatlift to the north of the existing docking facility
would encroach into the adjacent 15' riparian corridor setback, however a waiver has been signed
and received from that neighbor. As proposed, the proposed structures would not extend beyond
the existing docking facility, which would comply with the % width distance and the established
pier length. The proposed structures would not encroach on the Army Corps Federal Channel
Setback requirement within the AIWW. The proposed docking facility would accommodate up to
five (5) vessels in water depths of approximately -4' at MLW. Minor increases in turbidity should
be expected during construction.
Submitted by: Brooks Surgan Date: August 7, 2018 Office: Wilmington
RECEIVED
AUG 10 2018
DCM-MHD CITY
a ICJ-
�� J
r
_P[v/O�Se ini$ �DCI�t�cJS�C��� Q�� GCG'o��'YoalaYc
--
__. _ _ -. _ ..Lt> I `Y✓l _ L2 �JG IIC arJQ y_-__
j
'°rq:ra ME
APPLICATION for
Major Development Permit
(lase revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
f Prfaatary�pgsdicana7(��ed®wner.6nf®rana�ti:®at �
Business Name
� a � eL /o �,�7;,5 - C
Project Name (if applicable)
Applicant 1-: First Name MI
Last Name
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
%V 0 al le Ld �e
PO Box
City
�i+% �ati
State
N C
ZIP
`//
Country
U, 5.
Phone No.
�'3/0 -;23/-NZf 0
FAX No.
Street Address (if different from above)
City
State
ZIP
Email
2. AgentlCongractor lnf®rmatd®n
Business N e
IL�ovr(,oe
Agent(Contractor 1: First Name
;Mn
MI
Last Name
11,400I 1
Agentl Contractor 2: First Name
MI
Last Name
Mailing Address I
q
e.
PO Box
City
/�`/vrrNSUe
State
/U C
ZIP
o91 y0 3
Phone No. 1
9/0- ;-3/-
Y Wed-
Phone No. 2
ext.
FAX No.
Contractor #
Street Address (if different from above)
City
State
ZIP
Email ,.1 �'J 5d4Qf �. C-o,�
^i nk M ryo ^Tip
RECEIVED
DCM WILMINGTC
<Form continues on back>
RECEIVED JUL 16 2018
N, NC
10 2018
252-808-2808 :: 1-888.4RCOAST :. www.nccoasta�iWaa9MICt
P
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location ` r`WX
slow''
p v,
County (can be multiple)
Street Address
State Rd. #
/Je-_�
G'>ao BP10/ r!as/-c
N0011!�
SLb vision�Na/me p .� /
"e GLG
city �/
)./i_'("s 0'
State
NC
Zip p
a'O-V//
1 OpCy.rrs
Phone No.
Lot No.(s) fit many, attach additional page with list)
Cl to - %31 - /L/(p o exl.
I I r ,
a. In which NO river basin is the project located?
b. Name of body of water nearest to proposed project
00 Pe 1 -e 0'r
I C (at,)
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
J&atural ❑Manmade ❑Unknown
Spu 6r
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, listthe planning jurisdiction or city limit the proposed
[]Yes %No
work falls within.
t
d Site ®escrIPU6es
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
pc>
qco� 000
c. Size of individual lot(s)
UOOr oo 0 55-pfi
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level) 12- '
(If many lot sizes, please attach addifional page with a list)
WNW or ❑NWL
e. Vegetation on tract S c/ /I / `ZI VV / d
f. Man-made, and uses now/ on tract
features
^�
tgoL/5e/ kulrclreao% p; c./.. IJoa���'
g. Identify and describe the existing land uses adiacent to the proposed project site.
feSSClO' ioL
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
/) r
(Attach zoning compliance certificate, If applicable)
I'e5 i 00 e raY
yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes 19NO
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes J�rNo ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does a involve a []Yes Mo ❑NA
National Register listed or eligible properly?
<Form continues on next page>
r w """
RECEIVED DCM WILMINGTON, NC
,aUG 10 2018
JUL 16 2018
252-808-2808 .. 1-888.4RCOAST .. www.nccoaQk& kQC41Yt.net
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site?
fives ❑No
(if) Are there coastal wetlands on the site?
Yes []No
(ill) If yes to either (I)or(11) above, has a delineation been conducted?
❑Yes INNo
(Attach documentation, If avallab/e)
n. Describe existing wastewater treatment facilities.
Cou �y Se, )ems
o. Describe existing drinking water supply source.
well
p. Describe existing storm water management or treatment systems.
5ur�aCc /u )o-%
S. Acdvides and gnffpac�s
a.
--
Will the project be for commercial public, or private use?
S
--�
❑❑ Commercial Public/Government
f J e" i4—
W rivate/community
b.
Givea brief description of purpose, use, and daily operations of the project when complete.
ZasUal/ 3C roY be - oa% �r0 r 0c,ce��ia f?
��(}�rcd
Sc- ecw1 1 r�Sge t d- IceelJ
tJ°Q[T�Iy l���l s, aoo�-0l
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.
0 -Boa�
Xcep eSu:pti e'14 a..� s; `fc.
d.
List all development activities you propose. p /
l,.p l� K f.i ocY Lih7ar/c 1.J475 �lO%'S-`F)/
eo Jer'e� G✓ae_�e
e.
Are the proposed activities maintenance of an existing project, new work, or both?
— k-
"C. "Or
f.
What Is the approximate total disturbed land area resulting from the proposed project?
❑Sq.Ft or []Acres
9✓AON 'e-
g.
Will the proposed project encroach on any public easement, public accessway or other area
[]Yes 21No ❑NA
that the public has established use of?
h.
Describe location and typo of existing and proposed discharges to waters of the state.
i.
Will wastewater or stormwater be discharged into a wetland?
❑Yes Wo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
[]Yes []No ❑NA
j.
Is there any mitigation proposed?
❑Yes W ❑NA
If yes, attach a mitigation proposal
crcivcn
RECEIVED DCM WILMINGTON, NC
<Form continues on back>
AUG 10 2018 JUL 16 2018
252-808-2808 :a 1-588-4RCOAST :: www.ncca"Q"neg4W8 t.aet
Form pCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additi®ndl infoeiiiatioes
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 completer Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on howto properly 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 �);jl ( C,uf tiC ._r. - ",Phone No
Address l%' (a �% r tt �i .�� .� '< Y `v?`i/
Name Le C P E No.
Address
NamePhone No
Address e '��we,?1a
�+
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
1. Weiland 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.
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 cert'if/y t at the information provided in this application is truthful to the best -of my knowledge.
Date 7 6 Print Name
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information
❑DCM MP-3 Upland Development
DCM MP-4 Structures Information
❑DCM MP-5 Bridges and Culverts
RECEIVED
AUG 10 2018
RECEIVED
DCM WILMINGTON, NC
JUL 16 2018
252-808-2808 :. 11-888-4RCOA5T :. www.ncc0astaDaU9glgntsn .net
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
9, ®®CdA9G FACILITYMARINA CHARAC7TEMSMS ❑This section not applicable
a (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public?
❑Commercial ❑Public/Government Wrivate/Community ❑Yes jgNo
c. (i) Dock(s) and/or piers)
(ii) Number
s�
(III) Length
�r
U
s�'��
(iv) Width
yi
. �[ / & r
(v) Floating
❑Yes $No
e. (i) Are Platforms included? a.Yes ❑No
If yes:
(ii) Number if
(lii) Length --LH r/
(iv) Width 15 yt
(v) Floating ❑Yes ONO
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
I_
(ii) Number of slips existing
1,3
I. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
jF[Open water; no dredging required
❑Other; please describe:
k. Typical boat length: gCo r
m. (i) Will the �far.c�ility have tie pilings?
❑Yes P%
(ii) If yes number of tie pilings?
d. (i) Are Finger Piers included? []Yes f$ 0
If yes:
(ii) Number _
(III) Length
(iv) Width
(v) Floating []Yes ❑No
f. (i) Are Boatlifts included? 1!Res [I No
If yes:
(ii) Number o2
(III) Length �_ r
(iv) Width L'l
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
❑ Dockage ("wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps: _
❑ Other, please describe:
_&2aN e
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
-Qpc"' run, a lov�qs
I. (1) Will the facility be open to the general public?
[]Yes j R&
RECEIVED
RECEIVED
DCM WILMINGTON, NC
JUL 16 2018
252-808-2808 :: 1-8884RCOAST :: www.rIccoastalimanagerruent.net
AUG 10 2018
DCM-MHD CITY
revised: 12/27106
Foir ffi OC P-4 (Structures, Page 2 of 4)
I TIONS
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location: f\ D A
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (1) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
❑This section not applicable
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed. _A.214-
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the madna/docking facility proposed within a primary or secondary nursery area?
,Yes ❑No
AUG 10 2018
DCM WILMINGTON, NC
JUL 16 2018
CITY
252-808.2808 :: 1.888.4RCOAST :: www ncconstaimanagement.net revised: 12127/06
Forfn DCM MP-4 (Structures, Page 3 of 4)
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes Aso
o. Is the marinaldocking 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.
19CW O ❑SAV ❑SB
❑WL _ []None -
p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes 9No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3_BOA THOUSE (including covered Irhts) Z This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial. ❑PublictGovernment ❑PrNate/Community.
(ii) Number _
(iii) Length
(iv) Width
Note: Roofed areas are calculated from ddpline dimensions.
4. GROIN (e.g, wood, sheetpile; etc. If a rock groin, use MP-2, Excavation and Fill.) j2fThis section not applicable
a. (i) Number
(ii) Length
(III) Width
5. BREA�@P18ATER (e.g., wood, sheetpile, etc) his section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWLorwetlands
6. flflOORI NG PILINGS and BUOYS r @'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.)
AUG 10 2018
DCM WIL NGi64-NC
"m-vr}-IB CITY
252-808-2808 :: 7.888.4RCOAST :: www.nccoam stalmanaaeent.net revised: 12127/06
Fossa3 BCPA MP-4 (Structures, Page 4 of A)
a. Proximity of structure(s) to adjacent riparian property lines
-' - - 1.
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
i lS i
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.
b. Proximity of structure(s) to adjacent docking facillties.
d. Wafer r ^-•• -•-•^^•prd end of structure at NLW or NWL
S
$ oPFiERNO NOW%
a. Give complete description.
r
Date
Project Name— —
Applicant Name
Applicant Signatu , , q•j
a
DCM WECEIVED
ILMINGTON, NC
RECEIVED JUL 16 2018
AUG 10 2018
ncM-MHD CITY
252.808.2808 :: 1-888-4RCOAST :: www.nceoastalmonagement.net revised: IPJ27106
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Jimmy North
6314 Wrightsville Avenue
Wilmington, NC 28403
Dear Mr. North:
NORTH CAROLINA
Environmental Quality
August 7, 2018
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent
for George Barefoot (8720 BEL Properties, LLC), for State approval for development of the subject
property located at 8720 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway and Middle
Sound, in Wilmington, New Hanover County. It was received as complete on July 26, 2018 and appears
to be adequate for processing at this time. The projected deadline for making a decision is October 9,
2018. 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 July 26, 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.
Sincerer
Brooks R. Surgan
Field Representative
cc: Courtney Spears, DCM Liz Hair, COE
Doug Huggett, MHC George Barefoot, Applicant
Christine Bouffard, LPO
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215
T
8720
in Wi.
}
W o U
NOTI(o*$ � a U
0
CAMA PERMIT
APPLIED FOR
.Am
COMMENTS ACCEPTED THROUGH August 31- 2018
wwr41
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
George Barefoot i
` NC Div. of Coastal Management
8720 Bald Eagle Lane 127 Cardinal Dr. Extension Wilmington, NC 28411 Wilmington, NC 28405
Brooks Surgan, Field Representative
Agent: Jimmy North (910) 231-8514 910-796-7270
Hook 6014 Page 1263
`0pNT1'. y0
TAM EAS EY S� New Hanover County
Register of Deeds � o
Register of Deeds ,Z
320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401
Telephone 910-798.4530 t Fax 910-798-7751
i
Z--sal Imo'
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State of North Carolina, County of NEW HANOVER
Filed For Registration: 11/01/2016 12:06:39 PM
Book: RB 6014 Page: 1260-1263
4 PGS $966.00
Real Property $26.00
Excise Tax $940.00
Recorder: CAROL HUGHLEY
Document No: 2016035737
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DO NOT REMOVE!
This certification shoat is a vital part of your recorded document. Please retain with original document and submit
when re-recording• RECEIVED
DCM WILMINGTON, NC
RECEIVED JUL 16 2018
OCM-MHD CITY
Book 6014 Page 1260
BK: IRS 6014
IIII�w�n�I��III�I��II�
PG:1460-1263
Y016036737
RECORDED.
11.Ot-2016 NEW NANOVER COUNTY, NO
1206:39PM
TAMW THEUBW WASLEY
BY: CAROL HUGHLEY
REGMTEROFDEEDS
DEPUTY
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
REVENUE STAMPS: $940.00 DEED
Tax Parcel ID $ R08507-005-007-000
Mail After Recording To: 8720 BEL Properties, LLC
(Grantee's Address) PO Box 2624, Wilmington, NC 28402
DRAWN WITHOUT AN OPINION ON TITLE BY:ER LAN, PLLC
1410 Commonwealth Drive, #205, Wilmington, NC 26403
RETURNED TO: Calder Law PLLC
NC FEE Sx DD
STATE OF NC
REAL ESTATE
E%T%SSe.00
If checked, the property includes the primary residence
of at least one of the Grantors, otherwise, note as N/A. (per NC
GS 5 105-317.2)
Grantor's Address: 2409 Middlesound Loop Road
Wilmington, NO 28411
Brief Description: Lot 6, Section A, Porters Neck
This Deed, made and entered into this theoa!!� ddaay of October,
2016, by and between Jimmie F. Spivey, Jr. and wife, Deborah X.
Spivey, the GRANTOR herein; and, 8720 BEL Properties, LLC a North
Carolina limited liability company, the GRANTEE herein.
W I T N E S S E T H:
That the Grantors, for and in the consideration of the sum of
One Dollar and other valuable consideration, the receipt of which
is hereby acknowledged, has and by these presents, does grant,
bargain, sell and convey unto the Grantee in fee simple, a one-
half interest in that real estate located in the County of New
Hanover, State of North Carolina, more particularly described as
follows:
BEING ALL OF Lot 6 in Section A of Porters Neck, as the
same is shown and described on map thereof recorded in
Map Book 5 at Page 39 in the office of the Register of
Deeds of New Hanover County, North Carolina. RECEIVED
RECENED DCM WILMINGTON, NC
Ul- 1 6 �111�
AUG 10 2018
D.CM_MHD CITY
Hook 6016 Page 1261
Also such title and interest as the parties of the
first part have to that portion of land and water lying
between the lot heretofore referred to and the Inland
Waterway within 'the lines extending their property
lines as shown on map referred to running at a right
angle of the road across the land, water, etc., to the
edge of the Waterway.
Being the same property having Tax ID Number R03805-
005-001-000 and described, or intended to be described,
in the deed recorded in Book 918 at Page 621 in said
Registry,
To have and to hold the aforesaid lot or parcel, together
with all privileges and appurtenances thereto, heretofore
belonging to the Grantee in fee simple.
That Jimmie P. Spivey and wife, Carrie Lorraine P. Spivey
acquired the property by Deed recorded in Book 918 Page 621 in the
New Hanover County Registry; and
That Jimmie P. Spivey died on October 22, 2010 in New Hanover
County; and
That Lorraine Galloway Spivey, AKA Carrie G. Spivey, died on
January 25, 2014 in New Hanover County, Estate File #14 E 1131;
and
That the devisees of Lorraine Galloway Spivey are her
children, Jimmie Powell Spivey, Jr. and Julie S. Barefoot.
The Grantee herein hereby assumes and covenant to perform
all the terms and conditions of the obligations set forth in that
certain promissory note executed by Jimmie P. Spivey and Lorraine
G. Spivey, his wife, and delivered to Branch Banking & Trust
Company in the amount of $100,090.00 Dollars, and that certain
deed of trust, securing said promissory note, of even date
therewith, upon the property conveyed in this deed, which deed
of trust is recorded in Book 2578, Page 789, in the New Hanover
County Register of Deeds Office, including, but not limited to,
the obligation to repay the debt, and grantees agree to be
personally bound for such performance notwithstanding any failure
of grantors herein to perform on warranties or covenants of title
running from grantors to grantees herein, and the Grantee does
hereby indemnify and hold the Grantor harmless for loss, cost or
harm arising based on the said obligations to the above lender,
its successors and assigns.
Deborah M. Spivey joins for the,sole purposes of releasing
any and all marital rights she may have, and does not join in any
warranties.
RECEIVED
�tECE1VED DCM WILMINGTON, NC
AUG 10 2018
DCM-MHD CITY
Hook 6014 Page 1262
In witness whereof, the Grantor(s) have hereunto set their
hands nd seals this the day and year first above written.
77 (SEAL) M SEAL)
J ie P. piv y, Jr. D or M. Spiva
T
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify
that Ji=ia P. Spivey, Jr. and Deborah K. Spivey personally
appeared before me, known to me or proven to me by photographic'
identification, this day and acknowledged the execution of the
foregoing instrument.
Witness my hand and
day of October, 2016.
r§i ` -
0 NpT#V(
PUBLIC
official stamp or seal, this the
Notary Public
Printed Name: Robert Calder, Jr.
My Commission Expires: 8-7-17
RECENED
AUG 10 2011
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
JUL 16 2018
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address:
isZO 13c,
Phone Number:
Email Address:
I certify that I have authorized
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:o%
at my property located at --(�o /6( F6 Cci
in
u County.
ties ��� ���
I furthermore certify that / 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:
Signature r
cc�� I Sn�e'hoa�"
Print or Type Name
Title
� / i6' / /
Date
RECEIVED
DCM WILMINGTON, NC
This certification is valid through I I AUG 17 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:
872�f�o%QC-as�r c�,A-t
II I Illlll I'll III I III I I IIII I I Illll I II III I I I I III
9590 9402 3994 8079 3040 42
7017 0530 0000 9569 0945
, July 2015 PSN 7530-02-000-9053
A.
B. deceived by (Printed Name)
D. Is delivery address different from item 1? ❑ Yea
If YES, enter del KSCL to crow: ❑ No
DCM WILMINGTON, NC
JUL 16 2018
Service Type
❑ Priority Mail Express®
Adult Signature
❑ Registered Mall7M
Adult Signature Restricted Delivery
❑ Registered Mail Restricted
Certified Mails
Dag
Certified Mail Restricted Delivery
❑ Return Receipt for
Collect on Delivery
Merchandise
Collect on Delivery Restricted Delivery
O Signature Confirmation^^
" 'Aail
❑ signature Confnnation
Aall Restricted Delivery
Restricted Delivery
■ Complete items 1, 2, and 3. A`
■ Print your name and address on the reverse X
so that we can return the card to you.
■ Attach this card to the back of the mailpiecW
or on the front if space permits.
f�Klr`a LifC-
89�G�'/alC-as/� Lcti�
%tJ, /.fl C�4 J X �, C. 2!Y ii
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
9590 9402 3994 8079 3040 35
-7017 0530 0000p9569 0952
July,2015 PEN 7530-02-000.9053
Domestic Return Receipt
4";,„ ❑ Agent
Tct�,a Let I(/) 1�`►1t
Is delivery address different from Item 1? y❑ Yes
ivew,ad If YES, enter del?p, low: d No
DCM WILMINGTON, NC
3. Service Type
❑ Priority Mail Pxprease
❑ Adult Signature
❑ Registered MOTM
❑ Mutt Signature Restricted Delivery
❑ Registered Mail Restricted
❑ Certified Maile
Delivery
❑ Certified Mall Restricted Delivery
❑ Return Receipt for
❑ Collect on Delivery
Merchandise
❑ Collect on Delivery Restricted Delivary
0 Signature Confirmat*nTM
lured Mail
❑ Signature Confirmation
ased Mall Restricted Delivery
Restricted Delivery
Domestic Return Receipt
RECEIVED
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215
AUG 10 2018
DCM-MHD CITY
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner:
Address of Property: A) :1�4/Pr l'4g le t a"e - /,, _ ; 44- r IL7• C. a I (///
(Lot or Street #, Street or Road, City & County) '
Agent's Name f�-).,�--II-. Mailing Address: 63/y
Agent's phone#: 5/0-;2-3/- Wq (-.J:-lr_�IDN to_C. agvo3
I hereby certify that 1 own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing_the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
/^ I have no objections to this proposal. I have objections to this proposal.
If you have objections to whatis being proposed, you must notify the Division of Coastal Management (DCM) in
writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext.,
Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is
considered the same as no objection if you have been noted by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (if you
wish to waive the setback, you must initial the appropriate blank below.)
LI I/V) I do wish to waive the 15' setback requirement. �f �45
I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Si lure `—� J \
`L•ir�,.a71/
Print or Type N me
Mailing Address y
6, )r /rt e, N(6 o J /V. C b" o-3
City/State/Zip T
Telephone Number
//
Date
(Adjacent Property Owner Information)
1T
Si ature
Print or Type Name
u
Mailing Address
W i Ini`nc�lai, YV . e. B Y)r
City/State/Zip
Telephone Number
Date
RECEIVED
AUG 10 2018
DCM-MHD
RECEIVED
DCM WILMINGTON, NC
Revised 6/18/2012
Surgan, Brooks R
From:
Goebel, Christine A
Sent:
Monday, August 06, 2018 1:53 PM
To:
Surgan, Brooks R
Cc:
Wilson, Debra
Subject:
Re: 8720 Bald Eagle Lane, Wilmington - Submerged Land Claim
Hi Brooks -
Glad we got to chat last week. My computer is still down but I have a loaner until then.
As I said last week, there is a recognized submerged lands claim in front of 8720 Bald Eagle Lane. I reviewed the
DMF website and their GIS layer which shows all of the recognized submerged lands claims in the state
(http://portal.ncdenr.org/web/mf/submerged-lands-maps ).
The resolution from DMF was recorded in 1989 at Book 1466/1646 and referenced a deed from 1971 at Book
918/621. Today, I had time to pull that deed and the subsequent transfer of the property, which was more recently
through a deed at Book 6014/1260. In that deed, the Spiveys who had made the recognized claim transferred BOTH Lot
6 of Porter's Neck Section A AND the submerged land out to the AIWW Right of Way to "8720 BEL Properties, LLC". I
suspect that's who has requested a permit with you .... or at least an agent of that company.
The Registered Agent is Julie Barefoot and the mailing address for the LLC is PO Box 2624 Wilmington, NC 28402.
If this is your applicant, they don't need to send extra notice since they own both Lot 6 and the submerged parcel and
would be noticing themselves.
Please let me know if that's the case and if you need anything else on this-
Tha nks I
Christy
From: Surgan, Brooks R
Sent: Friday, August 3, 2018 8:11:56 AM
To: Goebel, Christine A
Subject: FW: 8720 Bald Eagle Lane, Wilmington - Submerged Land Claim
Please see below.
From: Surgan, Brooks R
Sent: Wednesday, August 01, 2018 4:41 PM
To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV>
Subject: 8720 Bald Eagle Lane, Wilmington - Submerged Land Claim
Christy,
I have a major permit in to expand the existing docking facility at this address. There is a possible submerged land claim
where the work is being proposed and I'm trying to find out if it is legitimate and if they would also need to notify or et
some sort of waiver to build there. Please let me know how I should proceed. RECEIVED
Thanks,
AUG 10 2018
DCM-MHD CITY
Brooks R Surgan
Environmental Specialist
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7270 office
Brooks. suraanOnodenr.aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
g' Nothing Compares�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
RECEIVED
AUG 10 Z018
DCM-MHD CITY