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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 (6&A 0o,01 wM" aAadc( 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 (� �( Gthgral ipvtal) PCray� /GIB Lit- 1r won M Si(W_Z019-043e S 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' L4B IlJkallEV2 a;#taaittatitt;ta as#####a#ttaata as ia##ta;ta#aa ttttaaat##aa#a##a#tat#;;;;aaaaaaatiat;itta;##a#; i;;;;taaiaia#a 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 #a •ttt#;a;rat;aa;ta;a;;;#;taaaaaaaaat;scat###aa;#a#taa;taa;sass;aaaaaaaaaaaaaaaaaaaaa#ta to##;ta;aa#aaa;aaaaa 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