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HomeMy WebLinkAbout73-18 Allan, RobertPermit Class NEW Permit Number 73-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Robert Allan, 4932 Cremshaw Ct., Raleigh, NC 27614 Authorizing development in New Hanover County at adj. to the AIWW & Masonboro Sound, at 5936 Nautical Isle Ct., in Wilmington, as requested in the permittee's application dated 5/7/18 (MP-1) and 6/22/18 (MP-4), including attached workplan drawings (2), both dated "Revised 6/22/18". this permit, issued on July 13, 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. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The authorized docking facility shall not exceed the quarter width of the water body as measured from the waterward edge'of Coastal Wetlands at the time of construction. (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 and the 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. �r Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee VIrr, Permit No. 73-18 Page 2 of 3 ADDITIONAL CONDITIONS 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. Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated.a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 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 minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. This permit authorizes a maximum of 1 formalized boat slip. hi accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, physical stops shall be placed on the boat lift at a minimum height of 24" above the bottom substrate to prevent the boat lift from disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility. The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. " 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 orwireon the sidesalongwith benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. The roof of the covered platform shall not be designed for second story use. The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. USACE Conditions In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. General . 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. Allan Permit No. 73-18 Page 3 of 3 ADDITIONAL CONDITIONS The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. E: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. E: The U.S. Army Corps of Engineers authorized the project by way of General Permit 197800056 (Action ID SAW-2018-01059). The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 2018-0717. M 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. An application processing fee of $250 was received by DCM for this project. w DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New 11� Major Mod Permit# Minor Mod Permit Coordinator: Field Representative: Renewal _ _ _ Transfer Date Time Message i'1414o C ucAm wfw4rci ivwhi w uF �m�e .k .r�o�i',� i+� !'.oqp, ct ck. �'oaq), �,-Jl �J Dajej Cpor,d;,,6 J "/ U•SA+CE, nfWFS ✓pA o e er&,crr �II3�18 Ca((c� �t�io J�SCus�! Go,rtwv.,;� �•aw Jw�F;U�t��'cG� wP-G .�,Ff- �s�c- / "1 18 5 c ,a� a5y"� • wtt + toVc �loo(cr� row P ac(d &l",,%os Wi?(c%�i,'b.iC k7 C f*c d S wow. qwr wSe� �c5 �cul,�c(. 4(mim (0~40nl3 '(o b(���g Peat ue�a eocfcc%� V1P-� :� Wbkp ►s, l�P-�( (5/71(&) voiw cs µe(( �S 5��(� v�br-I�p1o�s��2-�. �v,�c� �la�s a��- � Rev;w✓ aot��cF�us�tcE(�Fs��l� U?4" QI aN rJess - ti a Foot+! 5uwwariz�+� tit IAAGO%(p 4vat-661c 901 � v � ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Mr. Robert Benigno 2145 Gilbride Rd. Martinsville, NJ 08836 Dear Mr. Benigno: NORTH CAROLINA EnWronmental Quality July 13, 2018 This letter is in response to your correspondence, which was received by the Division of Coastal Management on 5/22/18, regarding your concerns about the proposed development by Mr. Robert Allan, at 5936 Nautical Isle Ct., adjacent to the AIWW, in Wilmington, New Hanover County. The proposed project has been revised to remove the floating dock consists of a pier, gazebo and boat lift. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. CC: DCM Wilmington Sincerely, Gregg Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 DCM Coordinator: 1 � Permit #: 73 —lU MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington '4~ US ACOE Offices: / i Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) d Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley / Public Water Supply: Heidi Cox (WIRO) it Clif Whitfield (WARD) Marine Fisheries: Shane Staples / Curt Weychert NC DOT: David Hams Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton DEMLR/DWR: Karen Higgins Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCD0?Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) / (NCDOT)) Travis Wilson �` LPO: It jarrc K 6alL �� Z.rg4/ ds ��Ovoc�l,� nhc� Fax Distribution: Permittee #: Agent# ` �� Coastal Management ENVIRONMENTAL DUALITY July 13, 2018 Robert Allan 4932 Cremshaw Ct. Raleigh, NC 27614 Dear Mr. Allan: 'ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure -that he fully understands all permit- ------ - - - requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, If Douglas V. Huggett . Major Permits Manager N.C. Division of Coastal Management State of North Carolma I Environmental Qualtty I Coastal Management Morehead Ctty'Offite 1 400 Commerce Avenue l Morehead Otg NC, 28557 252'8082808 ROY COOPER Governor MICHAELS.REGAN secretary BRAXTON.C. DAVIS Director File Note: NORTH CAROLINA Environmenta/QuaHty FROM: Gregg Bodnar, DCM Assistant Major Permit Coordinates SUBJECT: Robert and Sharon Allan (5936 Nautical Isle Ct. Wilmington) DATE: 7/10/18 Resource agencies had concerns with the floating dock and lift in PNA with insufficient waters. The original workplans (dated 5/7/18) noted incorrect water depths (-1.5' to -2' at NLW), after a field visit was conducted by the Fisheries Resource Specialist. Water depths were determined to be -8" to -9" at NLW. This incorrect water depth attributed to an adjacent property to the south receiving a lift and floating dock in similar waters. USACE and NMFS were consulted and concurred with Fisheries assessment. Fisheries recommended the floating dock be removed and the lift be conditioned with stops at 24" above substrate. Consultation with the agent (David Logan) was conducted due to these concerns. The agent provided revised drawings (dated "Revised 6/22/18") and MP-4 (dated 6/22/18) to reflect the agencies concerns. Agency concerns were removed with the submission of the revised plans. 7/13/18 During discussions the agent was<avisedat renotification was not necessary due to the project removing the floating dock and adding stops to the lift. The alignment and location of the structure did not change. Mr. Logan did renotify and the renotification packet for Mr. Barbee was received on 7/5/18. Mr. Barbee did not object to the original project. After discussion with Doug it was determined that since Mr. Barbee did not object the first time, the revised project was not an expansion or realignment of the original project, and the renotification was voluntary it was determined that the authorization could move forward. D_ECZ� v��mmm�"rw.xmon.m.imwb� /' North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Robert and Sharon Allan c/o David Logan 2. LOCATION OF PROJECT SITE: Site is located at 5936 Nautical Isle Court, adjacent to the AIWW and Masonboro Sound, in Wilmington, New Hanover County. Photo Index — 2006: 22-7418 V4 Lat: 34008'20.14"N Long: 77°51'59.01"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/8/18 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 5/10/18 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington/New Hanover County Land Classification From LUP —Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing — undeveloped Planned- New docking facility (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands shad az Non -Vegetated Wetlands (Open Water) 1 ftz (incorporated) porated) (C) Other - Highground disturbance (A) Total Area Disturbed: 4,614 ftz (0.10 acres) (B) Primary Nursery Area: Yes (C) Water Classification: SA; ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a two (2) slip private docking facility adjacent to the AIWW. RECEIVED MAY 2 3 2018 pCWWD CITY RECEIVED Robert and Sharon Allan c/o David Logan MAY 2 3 2018 Page 2 DCM-MHD CITY 9. PROJECT DESCRIPTION The project site is located at 5936 Nautical Isle Court, within the newly constructed Helms Port Subdivision in New Hanover County. The property is adjacent to the Atlantic Intracoastal Waterway (AIWW) and Masonboro Sound and is the location of the Aqua Vista Farms previously owned and operated by the Emmart family. The project site is bordered to the north by residential properties and UNCW's Center for Marine Science, and to the south by Masonboro Harbour Subdivision. To locate the property traveling south on College Road, take a left onto Mohican Trail and travel east approximately 1.3 miles. Turn right onto Masonboro Loop Road and travel south for approximately 0.8 miles until you reach the entrance of Helmsport Subdivision at Helmsport Avenue located on the le' Continue to travel east on Helmsport Avenue for approximately 0.3 miles and turn right on to Dockside Drive. Follow Dockside Drive for 0.18 miles until it terminates at Nautical Isle Court. Turn left and the property of interest will be on the right. The property is approximately 0.35 acres with approximately 78' of shoreline. The property has an average elevation of 14' above normal high water (NHW). Upland vegetation primarily consists of lawn and ornamental grasses, and woody bushes and trees. Upland development consists of a single family home and retaining wall. The property borders the AIWW to the East, and adjacent private residences to the North, South, and West. The property has approximately 78' linear feet of shoreline which is stabilized by a retaining wall and coastal wetland species. The property descends steeply from uplands to a depression of high marsh consisting primarily Sea Oxeye (Borrichia frutescens), Groundsel Tree (Baccharis halimifola), Marsh Elder (Iva annua), Salt Meadow Cordgrass (Spartina patens), Sea Lavender (Limonium sp.), and Spike Grass (Distichlis spicata), which measures approximately 60' in width to Normal High Water (NHW). The high marsh transitions to a low marsh area measuring approximately 192' in width and consisting primarily of Smooth Cordgrass (Spartina alterniflora). Crossing the channel, the substrate rises gradually from low marsh to high marsh consisting of Sea Oxeye (Borrichia frutescens), Groundsel Tree (Baccharis halimifola), Marsh Elder (Iva annua), Salt Meadow Cordgrass (Spartina patens), Sea Lavender (Limonium sp.), and Spike Grass (Distichlis spicata), which measures approximately 167' in width and gradually rises to a sandy berm. The sandy berm vegetation consists primarily of Salt Meadow Cordgrass (Spartina patens) and Sea Oxeye (Borrichia frutescens), which measures approximately 30' in width, and transitions in to Smooth Cordgrass (Spartina alterniflora) below NHW. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of the AIWW are classified SA, ORW by the Division of Water Resources, and they are CLOSED to shellfishing. The AIWW/Masonboro Sound is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. PROPOSED PROJECT: The applicant proposes to construct a two (2) slip private docking facility adjacent to the AIWW. The applicant proposes to construct a 6' in width by 740' in length elevated pier, terminating in a 20' in width by 20' in length "L" platform that would be partially covered by a 20' in width by 10' in length roof. A ramp would be installed approximately 10' landward of the proposed platform, which would lead to a floating dock measuring 32' by 7' running perpendicular to the shoreline. Robert and Sharon Allan c/o David Logan Page 2 The proposed float would be approximately 15' north of the platform. In between the proposed platform at the proposed float would be a 13' by 13' boat lift. The proposed structures would provide two (2) docking spaces at a facility with an existing water depth of approximately -2.0' at NLW (See Sheets 1 through 2 of 2). The facility would extend 240' into a waterbody measuring approximately 965' in width, conforming to the'/4 width distance, and would be approximately 390' from the USACE Channel. 10. ANTICIPATED IMPACTS The proposed pier would result in the shading of approximately 2,700 ftZ of Coastal Wetland area and the incorporation of approximately 1,914 ftZ of Estuarine Waters and Public Trust Area. The proposed docking facility would extend approximately 240' from NHW into the AIWW, which measures approximately 965' in width across this section. The docking facility would conform to the ''%width distance rule and would not encroach into the 80' USACE federal channel setback or either adjacent 15' riparian corridor setback areas. The docking facility would provide docking space for a total of two (2) vessels in water depths of approximately -2.0' at NLW according to the application. Minor increases in turbidity should be expected during the construction process. RECENED MAY 232018 DCM-MHD CITY Submitted by: Courtney Spears Date: May 11, 2018 Office: Wilmington Vicinity Map 5936 Nautical Isle Ct Wilmington, NC 28409 Castle Hayne Roan Island „� t7 ,33 Murrayville Kirkland Wrightsboro Bayshore Ogden i Kings Grant 74 Leland Navassa r 74 74 74 Belvllle Wilmington J6 V4ightsville z Beach 421) 1,T, 5936 Nautical Isle Ct 132 421 Winnabow Silver Lake f Old Town Myrtle Grove R' 133 SID Sea Breeze vacos" E7 CC 3 2o�e Boiling Carolina Beach Spring Lakes 00 M ,33 Kure Beacq RECEIVED ii DCM WILMINGTON, NC a:' •� fviA1' rt r� 1111� n NCO N11-1 APPLICATION for Major Development Permit (last revlsad 12127166) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Robert MI Last Name Allan Applicant 2: First Name MI Last Name N additional applicants, please attach an additional page(s) with names listed. Mailing Address 4932 Cremshaw Ct PO Box City Raleigh State NC ZIP 27614 Country USA Phone No. 919-610-4167- ext. FAX No. Street Address (if different from above) SAME City State ZIP Email rfallan@us.ibm.com 2. Agent/Contractor Information Business Name Logan Marine, LLC Agent/ Contractor 1: First Name MI Last Name David Logan Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 2709 Shandy Lane Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 91Q-367-],348 ext. ext. FAX No. Contractor # 910-769-2849 74511 Street Address (if different from above) City State ZIP Same Email david@loganmarine.com RECEIVED RECEIVED <Form continues on back> MAY 2 3 2018 DCM WILMINGTON, NC ecn- e MHD CITY MAY 10 2018 252.808-2808 :: 1-888-4RCOAST :: www.necoastaimanagement.net Form DCM MP-1 (Page 2 of 4) U9;J f4L%t[*]:f 5rJ Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 5936 Nautical Isle Court Subdivision Name City State Zip Helms Port Wilmington NC 28409 Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Masonboro Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. IK]Natural []Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes IRJNo work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 71' 15,355 SF c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 751215x76x196 NWL (normal water level) (If many lot sizes, please attach additional page with a list) +14 ❑NHW or ®NWL e. Vegetation on tract Aesthetic Landscaping, grass, shrubs, etc. f. Man-made features and uses now on tract Single Family Dwelling g. Identify and describe the existing land uses adiacent to the proposed project site. Single Family Dwellings h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential R-15 (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ERINo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No IKINA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes UgNo ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> RECEIVED DCM WILMINGTON, INC MAY 2 3 2018 MAY 10 201b 252-808-2808 :. 1.888.4RCOAST :. w.nc coastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes []No (Hi) If yes to either (i) or (if) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. CFPUA o. Describe existing drinking water supply source. CFPUA p. Describe existing storm water management or treatment systems. Community Storm Drain & Ponds 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Government InPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private docking facility for pleasure crafts c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical timber framing built on round pilings, excavator on spud barge moored in waterway onsite d. List all development activities you propose. Erect new fixed pier, new platform, new floating dock, new boat lift e. Are the proposed activities maintenance of an existing project, new work, or both? New Work I. What is the approximate total disturbed land area resulting from the proposed project? INSq.Ft or []Acres 3,150 SF g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NA MAY 2 3 201 I. Will wastewater or stormwater be discharged into a wetland? []Yes EnNo ❑NA D C1 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 []No ®NA If yes, attach a mitigation proposal. 1■ RECEIVED <Form continues on back> DCM WILMINGTON, INC: MAY 10 Hli 252.808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (11413-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are ahvays applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. A project narrative. ibe'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. CX site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. OA$e appropriate application fee. Check or money order made payable to DENR. I. 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 Eric Barbee Phone No. Address 5033 Dockside Dr Wilmington, NC 28409 Name Benigno Living Trust Phone No. Address 2145 Gilbride Drive Martinsville, NJ 08836 Name Phone No. Address Mist of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NA igned consultant or agent authorization form, if applicable. etland delineation, if necessary. signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify t1lat theinformation provided in this application is truthful to the best of my k1now/edge. \ Date �) X Print Name /dY�ln t J1 RECEIVED Signature MAY 2 3 2018 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM-Il CITY ❑DCM MP-3 Upland Development [NDCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC MAY 10 2P, 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net RECEIVED Form 0CM MP-4 STRUCTURES (Construction within Public Trust Areas) JUN 2 6 2018 MP SECTION MHD 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS _ ❑This section not applicable a. (1) Is the docking facility/marina: b. (I) Will the facility be open to the general public? ❑Commercial ❑Public/Government ®Private/Community [-]Yes ®No c. (I) Dock(s) and/or pier(s) Fixed d. (!)Are Finger Piers included? []Yes [NNo (ii) Number 1 If yes: (Ili) Length 740 (II) Number (iv) Width 6 (iii) Length (v) Floating ❑Yes ®No (iv) Width _ (v) Floating ❑Yes []No e. (i) Are Platforms included? I?gYes [:]No f. (i) Are Boatlifts included? ®Yes []No If yes: If yes: (II) Number 1 (II) Number 1 To include stops @ 2' (IN) Length 20 (Ili) Length 13 above mud line (iv) Width 20 (Iv) Width 13 (v) Floating ❑Yes [NNo Note: Roofed areas are calculated from ddpline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 1 ❑ Full service, including travel lift and/or rail, repair or IN) Number of slips existing maintenance service 0 ❑ 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: NA I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel ®Open water, no dredging required []Other; please describe: k. Typical boat length: 25' m. (1) Will the facility have No pilings? ❑Yes ®No (if) If yes number of He pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Pleasure Craft/run about I. (1) Will the facility be open to the general public? ❑Yes ®No 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 Forim-0CM NIP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included In the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? RECEIVED I. If this project is an expansion of an existing marina, what types of services are currently provided? MP SECTION MHD 252-808-2808 :: 1.888.4RCOAST :: wvvw.nccoastalmanagement.net revised: 12/27106 FOrrwDCM MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? []Yes mNo n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes mNo o. Is the marina/docking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. mCW 220 ❑sAV ❑SB [NWL 190 ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes 2]No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) mThis section not applicable a. (i) Is the boathouse stmcture(s): ❑Commercial ❑Public/Government ❑Private/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.) mThis section not applicable a. (1) Number (II) Length (ili) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) mThis section not applicable a. Length b. Average distance from NHW, NWL, orwetiands c. Maximum distance beyond NHW, NWL or wetlands 6 MOORING PILINGS and BUOYS ®This section not applicable' a. Is the structure(s): ❑Commercial ❑Public(Govemment ❑Private/Community Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Am of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) JUN 2 6 2018 MPr SECTION MHD 252-808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Fcirle6 bCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 15'' b�Proximity of structure(s) to adjacent docking facilities. 30' Note: For buoy or mooring piling, use arc of swing including length ofvesseL c. Width of water body d. Water depth at walenvard end of structure at NLW or NWL 965' -0.9' NLW e. (1) 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. 8. OTHER ®This section not applicable a. Give complete description: JUN 2 6 2018 MP SECTION MHD 252-808.2808 :: 1.888.4RCOAST :: ww mccoastalmanaaement.net revised: 12/27/06 DIVISION OF COASTAL MANAGEMENT RECEIVED APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Robert and Sharon Allan COUNTY: New Hanover MAY 2 3 2018 PROJECT NAME: Allan Docking Facility DCAA"MHD CI7'1r LOCATION OF PROJECT: 5936 Nautical Isle Ct, adjacent to the AIWW and Masonboro Sound in Wilmington, New Hanover County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-10-18 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Courtney Spears �I DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 5-23-18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: Cq DDOrt�r C) 75 DAY DEADLINE: ?�g MAIL OUT DATE: 5-18-18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $250 #6187 END OF NOTICE DATE: 6-13-18 DEED REC'D:: / ON: 5�3�//S 150 DAY DEADLINE: STATE DUE DATE: 6-13-18 FED COMMENTS REC'D: DRAFT ON AGENCY DATE NOTES COMMENTS OBJECTIONS: �", seS RETURNED YES NO Division of Community Assistance IZZ x Division of Coastal Management-LUP Consistency (o ZT e Public Water Section (DWR) STiS ib k Land Quality Section (DEMLR) S6 Division of Water Resources - 401 Section 7 Storm Water Management (DEMLR) s�j/I ($ Ii State Property Office t{ S 12v Division of Archives & History t Division of Marine Fisheries - Shellfish Section �sl Division of Highways (NCDOT) t( fe Wildlife Resources Commission V (; (pj "4f.- l (� Local Permit Officer )C Dept. of Cultural Res /Underwater Archaeology Division of Marine Fisheries - DCM IZ (� 4µW ( �� �. Corps of Engineers - Regulatory Branch 4A, coo Il'1 Gib py(S- o7t7 r� 5Al(8 =SMI RECOMMENDATIONS FOR: Sharon and Robert Allan 5/11/18 Shoreline length = 78' x 8' = 624 ft2 allowable Proposed fixed platform = 20' x 20' = 400 ft2 Proposed floating platform = 32' x 7' = 224 ft2 Total = 624 ft2 The docking facility configuration would provide docking space for up to two (2) vessels at this location in water depths of -2.0' at NLW. 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 and would not encroach into either adjacent 15' riparian corridor setback area. This office has no objection to the proposed work, provided it is consistent with all other local, state, and federal permitting requirements. Any permit issued should include standard conditions for private docking facilities. RECEIVED MAY 2 3 201E DCM.MHD CITY I Coastal Management ENVIRONMENTAL QUALITY May 18, 2018 RECEIVE® MAY 2 9 2018 MP SECTION MHD 'l.EIV.1 D ROY COOPER MICHAEL S. REGAN MAY 2 5 2018 sIae=y BRAXTON DAVIS NEW HANOVER COUNTY D't"°' PLANNING & ZONING TO: Darrell Galloway Local Permit Officer County of New Hanover FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coats a ncdenr.aov Fax: 395-3964 (Courier 0:4-16-33) SUBJECT: CAMA Application Review Applicant: Robert & Sharon Allan Project Location: 5936 Nautical Isle Ct., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct anew private docking facility Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Heather Coats at the address above by June 13, 2018, If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: ✓—This agency has no objection to the project as proposed. "Additional comments may be attached'" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ✓Cr DATED S —�•?S /�— Stem orNotth Carolina I EmkommitEq Qdd4l Ca®: Mn. ^d 127 CardingDriw E=., MmiaPn, NC 29405 910.796-7215 Coastal Management ENVIRONMENTAL QUALITY May 18, 2018 TO: Mark Ziegler Division of Community Assistance Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a),ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Robert & Sharon Allan Project Location: 5936 Nautical Isle Ct., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct anew private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 13, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" MAY 3 0 2018 This agency has no comment on the proposed project. DCM-MHD CITY 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 DATED S - 2 6 ' ! P RECEIVED State of North Carolina I Environmental Quality Coastal Management t27 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 MAY 2 2 2018 Coastal Management ENVIRONMENTAL QUALITY May 18, 2018 TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director °iv%sp MAy ?p 8 18 WiRO npt v�ei9r J i'pbii- Ire, Water,94, s FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Robert & Sharon Allan Project Location: 5936 Nautical Isle Ct., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct anew private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 13, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** 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. p SIGNED DATED '�3 U IF RECEIVED RECEIVED MAY 3 0 zo18 State of North Carolina I Environ Qu.14 I I�a�trey 127 Cardinal Drive Ext., DC _ e0 CITY RECEIVED OCM WILN1 "^"1N. NC MAY " 4 ROY'CO.OPER Gavemor RECEIVED MICH'AFL S. REGAN Sewefary Coastal Management JUN 1 2018 BRAXTON DAVIS ENVIRONMENTAL QUALITY g� ('�ww DlreCfor MP SECTION May 1R, 2018 MAY QY. TO Dan Sams District Manager-DEMLR Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ- Division of,Coastal Management, 127 Cardinal Drive Ext., Wilm., NC 28405lieather.coats(Oncdenr.cov: , Fax: 395-3964 (Courier 04-16=33) SUBJECT: CAMA Application. Review Applicant: Robert & Sharon Allan Project Location: 5936 Nautical Isle Ct„ adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project; to construct anew private docking facility Please: indicate below your agency's position or viewpoint on the.proposed project and return this form to Heather.Coats at the address above by June 1:3, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796 7423 when appropriate inAepth comments with supporting data is. requested. REPLY.; This agen,cyhas no objection to the project as proposed. **Additional comments maybe attached*"' This agency has:no comment on'the proposed project, This agency approves of the project only if'the recommended changes are incorporated. See attached. This agency objects to the project for reasonsrdescribed in the attached / comments. SIGNED C - -� DATED Mhy RECEIVED P1A 211'2018 &ate of NonUCarolina I Environmental Quality I Coastal Management 127catdinalud,oFxI.,Wilmington. NC28405 910-796.7215 bCM WILMINGTON', NC; Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, June 27, 2018 4:23 PM To: Bodnar, Gregg; Coburn, Chad; 'Fritz Rohde - NOAA Federal' (fritz.rohde@noaa.gov); Weychert, Curtis R; Dunn, Maria T. Subject: [External] RE: Allan (Nautical Court in Wilmington) CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spa m.<mai Ito: repo rt.spam@nc.gov> The Corps has no issues with these changes. We will process as a GP 56 if there are no other issues. Thanks, Liz -----Original Message ----- From: Bodnar, Gregg ]mailto:gregg.bodnar@ncdenr.gov] Sent: Tuesday, June 26, 2018 11:13 AM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sara h.E. Hair@usace.army.mil>; 'Fritz Rohde - NOAA Federal' (fritz.rohde@noaa.gov) <fritz.rohde@noaa.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: [Non-DoD Source] Allan (Nautical Court in Wilmington) Hey ail, Here are the revised plans and forms for the Allan project in Wilmington. The agent has removed the floater and placed stops on the lift. Please review and return comments as soon as able. Thanks, as always, for the additional work, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, June 04, 2018 12:01 PM To: Spears, Courtney; MacPherson, Tara Cc: Coats, Heather; Bodnar, Gregg Subject: [External] Corps project review CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam <mailto:report.spam@nc.gov> Hey all! Just wanted to let you know we have received applications for the following projects: Reviewing as a GP 56: Corps Action ID: SAW-2018-00843 Project Name: 719 Shoreline Dr/ Baldino Corps Action ID: SAW-2018-01059 Project Name: 5936 Nautical Isle Court/ Allan *Is there any way to get the Corps setback on the plans? Reviewing as NWP 3 (bulkhead): Corps Action ID: SAW-2018-01058 Project Name: 311 Florida Ave/ Bayley *I'm trying to figure out how to deal with the dock since the square footage is over our GP 56 limit. It may be that we can grandfather the facility since the majority is a replace in place and looks like the dock was expanded back between 1993-1998. 1 don't believe we have a record of a permit either. Or they may have to redesign to get the platform to 400 square feet. It is currently 16'X35' which is 560 square feet. Not sure though... I'll follow up. Hope you are all doing well. Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 �✓�?�c-Y3 - of oSri Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, June 04, 2018 2:22 PM �`� To: Spears, Courtney; Bodnar, Gregg Pfctl rvr7O r Subject: RE: [External] Corps project review I- iL CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spa m.<mailto:repo rt.spam@nc.gov> This works for me. Thanks for the clarification. Liz -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Monday, June 4, 2018 2:19 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [Non-DoD Source] RE: [External] Corps project review Hey Liz, The Federal Channel Setback in this area is 80' so the facility will be 310' from the Federal Channel Setback. Is this email enough documentation for that - or should I contact the applicant to submit a new drawing? Either way is fine, please let me know, and I apologize for the confusion in leaving off that information! Thanks! Courtney Spears Field Representative Division of Coastal Management Department of Environmental Quality 910 796 7423 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Monday, June 04, 2018 2:09 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: [External] Corps project review CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:repo rt.spam@nc.gov> Also, I figured out the issue with the Bayley dock. I didn't realize that y'all weren't counting the 6 feet through the platform -until I went over the plans with Ronnie in a little more detail. makes sense now based on the shaded impact example doc from 2014. We will process that project as a NWP 3 for the bulkhead and a GP 56 for the dock. Thanks, Liz -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, June 4, 2018 1:50 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Spears, Courtney <courtney.spears@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Cc: Coats, Heather <heather.coats@ncdenr.gov> Subject: [Non-DoD Source] RE: [External] Corps project review Hey Liz, Page 1 of 2 does indicates 390ft to USACE channel, which Courtney told me was to the edge of channel. Would an email further documenting that distance as edge of channel and any other distances you might need work for you? Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg.Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Monday, June 04, 2018 12:01 PM To: Spears, Courtney <courtney.spears@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Cc: Coats, Heather <heather.coats@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] Corps project review CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spa m.<maiIto: repo rt.spam@nc.gov> Hey all! Just wanted to let you know we have received applications for the following projects: Reviewing as a GP 56: Corps Action ID: SAW-2018-00843 Project Name: 719 Shoreline Dr/ Baldino Corps Action ID: SAW-2018-01059 Project Name: 5936 Nautical Isle Court/ Allan *Is there any way to get the Corps setback on the plans? Reviewing as NWP 3 (bulkhead): Corps Action ID: SAW-2018-01058 Project Name: 311 Florida Ave/ Bayley *I'm trying to figure out how to deal with the dock since the square footage is over our GP 56 limit. It may be that we can grandfather the facility since the majority is a replace in place and looks like the dock was expanded back between 1993-1998. 1 don't believe we have a record of a permit either. Or they may have to redesign to get the platform to 400 square feet. It is currently 16'X35' which is 560 square feet. Not sure though... I'll follow up. Hope you are all doing well. Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sara h.e.hair@usace.army.mil 910-251-4049 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, June 13, 2018 10:11 AM To: Bodnar, Gregg;'Fritz Rohde - NOAA Federal' (fritz.rohde@noaa.gov); Dunn, Maria T.; Coburn, Chad Cc: Weychert, Curtis R Subject: [External] RE: DMF comments for Allan (Nautical Isle) CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spa m.<mailto:report.spam@nc.gov> Thanks Gregg and Curt. The Corps agrees with DMF's comments. If the applicant does not agree to the changes, then we cannot permit the project with adverse impacts to SAV or PNA under GP 56. We would likely have to circulate the project to federal agencies under the 291 process, and would probably receive the same comments and recommendations from NMFS. Please keep me posted on the applicant's redesigned project. Liz -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Wednesday, June 13, 2018 8:02 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>;'Fritz Rohde - NOAA Federal' (fritz.rohde@noaa.gov) <fritz.rohde@noaa.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Coburn, Chad <chad.cobu rn@ ncdenr.gov> Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: [Non-DoD Source] DMF comments for Allan (Nautical Isle) Morning all, I have attached Curt's comments for the Allan project. It seems that the application's depths in PNA are not representative of actual. There are existing structures out there on adjacent properties that utilized these depths as well. Please let me know asap what your comments may be so I can discuss with staff and provide any comments to the applicant for discussion. Thanks as always, Gregg Bodnar, Gregg From: Sent: To: Cc: Subject: thumbs up Fritz Rohde - NOAA Federal <fritz.rohde@noaa.gov> Thursday, June 28, 2018 9:31 AM Weychert, Curtis R Bodnar, Gregg; Coburn, Chad; Hair, Sarah E CIV CESAW CESAD (US); Dunn, Maria T. [External] Re: Allan (Nautical Court in Wilmington) On Thu, Jun 28, 2018 at 8:08 AM, Weychert, Curtis R <curt.wevchert@ncdenr.gov> wrote: I'm alright with the new proposal. From: Bodnar, Gregg Sent: Tuesday, June 26, 2018 11:13 AM To: Coburn, Chad <chad.coburn@ncdenr.aov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil>; 'Fritz Rohde - NOAA Federal' (fritz.rohde(@noaa.gov) <fritz.rohde@noaa.gov>; Weychert, Curtis R <curt.wevchert@ncdenr.aov>; Dunn, Maria T. <maria.dunn@ncwildlife.ore> Subject: Allan (Nautical Court in Wilmington) Hey all, Here are the revised plans and forms for the Allan project in Wilmington. The agent has removed the floater and placed stops on the lift. Please review and return comments as soon as able. Thanks, as always, for the additional work, Gregg Gregg Bodnar Assistant Major Permits Coordinator �4m Kr Coastal Management ENVIR6NMENTA4OVAL1W May 18, 2018, TO; FROM: SUBJECT: Applicant: Received: 06/04/2018 State .Historic .Pr6servation Office ROY COOPED G.Tmw Renee Gledhill -Early Dept. of Cultural Resources Archives-t3 History MICHAEL.S. REGAN BRAXTON DAVIS Uvvrror ER 18-1223 Due -- 6/12/18 A OA/Gen (,- a-t Heather Coats, Assistant'MajorPermits.Coordinator NCDEQ - DivisionofCoastal Management 127 Cardinal Dr'ive.Ext„ Wilm., NC '28405 heathercoats((Dncdenr.gov Fax:395-39644(Courier. 04-16.33). CAMA Application Review• Robert'& Sharon Allan 'Project Location. 5936 Nautical Isle Ct., adjacent to the AIWW, in Wi)mington, New Hanover County. Proposed Project: to. construct anew private docking facility Please indicate below your agency's position or viewpoint on the proposed project and retdrh this form to Heather Coats at the address above by June 13, 2018. If you have any questions regarding.the proposed project, contact Courtney Spears at (610) 796-7423 when appropriate in-depth comments'with supporting,d6ta is.requested: REPLY: This agency has no 6bjection:t6the project as proposed. "Additional comments may be attached"' This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See.attached. This agency objects to the project for reasons described in the attached comments. SIGNED: — q94� DATED RECEIVED U JUN 1 8 2018 SuleurNonh C=4 tEn%UWMcnia1 Ijwilily I czW Mmipm=1 127 ConWml Pnw Ext...WOntiaytwa, NC 29403 MP SECTION MH® 910.790217 JUN 0 6 2016 Coastal Management ENVIRONMENTAL QUALITY May 18, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dimaor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coatsal�.ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Robert & Sharon Allan Project location: 5936 Nautical Isle Ct., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct anew private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 13, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** �C This agency has no comment on the proposed project. RECEIVED 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. DATED G 1 l0 RECEIVED JUN 13 2018 JUN 01 a;p, State of North CarolinaI EnvironmentalQuality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 pCM WILMINGTON, DCM-MHD CITY 910-796-72215 NC Bodnar, Gregg From: Weychert, Curtis R Sent: Thursday, June 28, 2018 8:08 AM To: Bodnar, Gregg; Coburn, Chad; Hair, Sarah E CN CESAW CESAD (US); 'Fritz Rohde - NOAA Federal' (fritz.rohde@noaa.gov); Dunn, Maria T. Subject: RE: Allan (Nautical Court in Wilmington) I'm alright with the new proposal. From: Bodnar, Gregg Sent: Tuesday, June 26, 2018 11:13 AM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; 'Fritz Rohde - NOAA Federal' (fritz.rohde@noaa.gov) <fritz.rohde@noaa.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: Allan (Nautical Court in Wilmington) Hey all, Here are the revised plans and forms for the Allan project in Wilmington. The agent has removed the floater and placed stops on the lift. Please review and return comments as soon as able. Thanks, as always, for the additional work, G regg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bod nar(abncdenr.gov 400 Commerce Ave Morehead City, NC 28557 ^/'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. CoastaiManagement 'ENVIRONMENTAL QUALITY TO: Curt Weychert' Fisheries: Resource Specialist. MHC-DCM ROY"COOPER Gommor MICHAEL S. REGAN Setterary I BRAXTON DAVIS Director FROM: Heather Coats, Assistant, Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC'28405 heathercoatsanncdenr.00u Fax: 395-3964 (Courier)04-16-33j j SUBJECT: CAMA Application Review I Applicant: Robeftl+& ShardnrAllan 2'—.. Project Location; 5936 Nauticai Isle Ct:, adjacent to the.A1WW, in Wilmington, i New Hanover County i Proposed Projectto construct a new private docking facility Please indicate below your agency's position or viewpoint on the: proposed' project and a return this form to Heather Coats at the addressaboveby Junew13 :20,— Ifyou have any questions regardingrthe proposed project, contact' Courtney Spears at (910) 796-7423 when appropriate in-depth commentswithsupporting data is requested. REPLY:, This agency has no objection'tothe project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the.project for reasons:described'in the: attached comments. SIGNED (y� DATED VkFC5 1 MAY 2 3 2p]fl,. �GtV►-N►H17 CITY I ~ Stale of NonllCarolina I Environmental Quality I Comial Management 127 Cardinal Drirr:EaL; Wilmington, NC 28405 910-796.7215 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DCM Fisheries Resource Specialist SUBJECT: Robert and Sharon Allan New Docking Facility DATE: June 12, 2018 ROY COOPER Govrmor MICHAEL S. REGAN Secmlary BRAXTON DAVIS Dwaor A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to construct a new docking facility which will have an access pier leading to a covered platform. The terminus of the pier and platform will also have a ramp that leads to a floating platform and an adjacent boatlift. The project is located in waters classified as SA outstanding resource waters (ORW) by the NC Division of Water Resources, designated as a primary nursery area (PNA) by the NC Division of Marine Fisheries. The applicant is seeking to install a floating dock over PNA soft bottom habitat. The application states that the depth beneath the floating dock and boatlift range from -1.5' to -2' at normal low water (NLW). Based on site visits conducted on June 81 and June 11", 2018, the fisheries resource specialist, assistant major permit coordinator, and field representative all were on site and recorded depths ranging between -8" to -9" at NLW. The site visits also had a dense presence of submerged macroalgae which provides valuable habitat for juvenile fish and invertebrates, several species of juvenile fish, shrimp, and crabs were noted in the footprint area of the proposed docking areas. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finftsh, crabs, and shrimp. Species inhabit PNAs because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. The concern for this application is that the proposed floating dock would continually rest upon the soft bottom habitat during periods of low tide and degrade the productive habitat. Floating docks repeatedly resting on the bottom can kill aquatic vegetation or shellfish beds, create anoxia in the sediment which can kill benthic invertebrates, and reduce the availability of shallow bottom habitat during low tide. In addition, vessels moving to and from these shallow water docks can cause propeller disturbance impacts to the PNA. There is also a concern with the water depths that lead to the maintained navigation channel. The distance to the channel is —390 feet, and the depth to the channel is consistently shallow (-1.5' at NLW) from the terminal end of the pier to the maintained channel. The constant movement of a boat to and from the docking facility has the potential for propeller impacts to the PNA bottom. This constant impact can also channelize a path from the docking facility to the channel and could be considered new dredging in PNA. Docking facilities have the potential to shoal after construction Slate of Noah Carolina I Environmental Quality I Coastal Management 400 Commerce Mvnm I Mamhead City, NC 28557 252808-28081252-247-3330(fax) leading to decreased depths in slip areas, and should be considered through the design process. Since this area is PNA, future requests to dredge will be opposed by the DCM Fisheries Resource Specialist. While conducting the site visits, the adjacent boating facility to the west was investigated. The facility has a similar floating dock and boatlift configuration and distance from shore as the proposed project. The floating dock was resting upon the bottom, and the boatlift was not installed with stops. This dock was stated to have -2. P at NLW, however the site investigation indicated depths of less than 11" under the boatlift and floating dock. For these reasons, further actions must be taken on proposed projects in this area to protect the habitat from adverse impacts. If possible, the applicant should seek to extend the docking facility as far into the waterbody as allowable to achieve deeper water. To avoid impacts to PNA soft bottom habitat, this office suggests the removal of the ramp and floating dock from the proposal. Additionally, to prevent adverse impacts from boating and propeller disturbance, it is necessary that stops be installed on the proposed boatlift. These stops should prevent the boat from lowering past a distance which is 24" from the sediment below. 24" stops are recommended due to the consistent water depths of -18" from the proposed lift to the maintained channel; this depth will prevent propeller disturbance which may lead to habitat fragmentation. It is also suggested that these stops be robust enough to remain in place and conditioned to be maintained in perpetuity with the proposed boatlift. Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt. Wevchertncdenr.gov with further questions or concerns. State of North Carolina I Environmental Quality I Coastal Management 400 Cmmneme Avenue I Moorhead City, NC 28557 252-808-2908 252-247-3330(fax) Bodnar, Gregg From: Dunn, Maria T. Sent: Thursday, June 28, 2018 8:11 AM To: Bodnar, Gregg Subject: RE: Allan (Nautical Court in Wilmington) Gregg, Concerns raised by NCWRC were addressed. Thank you. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office:252-948-3916 fax:252-975-3716 www. ncwild life.org Email correspondence to and from this sender is subject to the N.C. Public Records law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Tuesday, June 26, 2018 11:13 AM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; 'Fritz Rohde - NOAA Federal' (fritz.rohde@noaa.gov) <fritz.rohde@noaa.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: Allan (Nautical Court in Wilmington) Hey all, Here are the revised plans and forms for the Allan project in Wilmington. The agent has removed the floater and placed stops on the lift. Please review and return comments as soon as able. Thanks, as always, for the additional work, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality Kr. Coand[Management, ENVIRONMENTAL 011AUTY C. 1,0. 135; 27. -0. May 18, 2018 TO: FROM: SUBJECT: Applkcant., Project Location.: Pr9poled Pr6joct., RECEIVED JUN 1 3 2018 MP SECTION MHD . ROY COOPER Gat;mor. Ml"CHAtL'S.REGAN Seentary BRAXTON DAVIS Director V- `Maria Dunn MAY 20,18 NC Wildlife Resources, Commission ,ForWiRO Heather C a 'ant Ma or Permits Coordinator ' 8'ss's n of C s a Management Goats, NCDEQ� DIVI kE ICar In I V I.., JIM 27 a 1,Dn e Ex .1 NC 28405'heathercoatsoncdelargo Fax: 395'3964 (Courier 04-16m33) Review Robert& Sharon Allan 5936 Nautical Isle Ct.1, adjacent to the AIKWin. Wimington, New Hanov& County to construct,, a new private docking. facility Please indidate,b6low your agericy's position of Viewpoint oh'thd proposed project and return this"tbrm to'Heath& Coats at the,,address above by June 11, 2618.,. if you. have. any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with suppprtind, data is requested. REPLY: This agency j1has no objection to the project, as proposed. **Additional comm.ents,may be attached" no comment on the proposed project. This agency. approves of the .project only if the recommended changes are incorporate , d.tee attached. This agency!objects to the project for reasons desrribed in the attached comments. - SIGNED DATED (e - L -3 ?t)l ____;h<rL1.0 � Z;� State ofNorth Carolina{ Envirbruninufal Quality I Coastal Mumaigeinca 1127 Cardinal briw Ext., Wilmington, XC 28465 glor -796-7215 �L! North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM RECEIVED TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality J U N 1 3 2018 FROM: Maria T. Dunn, Coastal Coordinator ' NIP SECTION MILD Habitat Conservation Division DATE: June 13, 2018 SUBJECT: CAMA Dredge/Fill Permit Application for Robert and Sharon Allan, New Hanover County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 5936 Nautical Isla Ct, adjacent the AIWW in Wilmington, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a new private docking facility for two slips. A 6' by 740' elevated pier would terminate in a 20' by 20' " L" platform, partially covered by a 207 by 10' roof. A ramp would be installed 10' landward the platform, leading to a floating 32' by 7' dock, with a 13' by 13' boat lift. The application states water depths within the area of the slips are -2' at NLW. The A1W W at this location is classified SA ORW by the Environmental Management Commission and is designated a primary nursery area (PNA) by the NC Division of Marine Fisheries. The NCWRC has reviewed the permit application has concerned with the proposed project and the impacts that would occur to PNA habitats. A site visit by the NC Division of Coastal Management Fisheries Resource Specialist demonstrated water depths in the project area were less than -2' NLW and closer to -8" to -9" NLW. These depths would have the floating dock and ramp resting on the substrate during low water events, adversely affecting the area in the immediate vicinity as well as the path of ingress and egress to the dock. To minimize impacts to aquatic resources, we request the applicant Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 reconsider the design. Recommendations include, but are not limited to extending the length of the pier so the slips are closer to the channel and are in deeper water depths, removal of the ramp, removal of the floating dock or installation of stops on the floating dock, and installation of stops on the lift. 'these measures would minimize sediment disturbance by shortening the length of travel for vessels to the channel and by providing more adequate water depths for vessel dockage and lift. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunndncwildlife. ora RECEIVED JUN 1 3 2018 MP SECTION MHD Bodnar, Gregg From: Fritz Rohde - NOAA Federal <fritz.rohde@noaa.gov> Sent: Wednesday, June 13, 2018 9:02 AM To: Bodnar, Gregg Cc: Hair, Sarah E CIV CESAW CESAD (US); Dunn, Maria T.; Coburn, Chad; Weychert, Curtis R Subject: [External] Re: DMF comments for Allan (Nautical Isle) Lit . Externa I ematl. Do not cIic< Iinl6 or open itt,icnnlenis unless vennOn, �UfIL g< recommendationstotally agree with the Fritz On Wed, Jun 13, 2018 at 8:02 AM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Morning all, I have attached Curt's comments for the Allan project. It seems that the application's depths in PNA are not representative of actual. There are existing structures out there on adjacent properties that utilized these depths as well. Please let me know asap what your comments may be so I can discuss with staff and provide any comments to the applicant for discussion. Thanks as always, G regg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(EDncdenr ciov MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, —Robert and Sharon Allan, New Hanover County Date: June 27, 2018 This project is consistent and not in conflict with the Wilmington- New Hanover County Joint Land Use P1anUpdate. The applicant,proposes to construct a two (2) slip private docking facility. The project is located at 5936 Nautical Isle Court, adjacent to the AIW W in New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are PT and EW. Waters at the project site are classified as SA; ORW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2016 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 2016 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. Cc: File RECEIVED JUN 2 7 2018 MP SECTION MHD Coastal Management ENVIRONMENTAL OUALITY May 18, 2018 TO: David Harris NC DOT Roadside Environmental Unit ROY COOPER Gorernor MICHAEL S. REGAN secretary BRAXTON DAVIS Dimaor RECEIVED MAY 31 2018 NC DOT DISTRICT 3 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(ccilncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA Application Review Applicant: Robert & Sharon Allan Project Location: 5936 Nautical Isle Ct., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a new private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 13, 201& If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED 61- Loy/�� RECEIVED DCM WILMINISTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve Ext., Wilmington, NC 28405 910-796-7215 RECEIVE® Coastal Management MAY 2 2 2018 ENVIRONMENTAL QUALITY DOA STATE PROPERTY May 18, 2018 OFFICE TO: Tim Walton Dept of Administration State Property Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coatsa( _ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Robert & Sharon Allan Project Location: 5936 Nautical Isle Ct., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct anew private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 13, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. (� I�° **Additional comments may be attached** PAk&03L" �'� ✓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 UVLY/uAXk- OAL� DATED Q&22L IMF: R 0 4 RECEIVED RECEIVED //�'�//�1J UUN����2LL��1��2001p1��8����// DCM WILMINGTON, NC State of North Carolina I Enviror�L�illplreEy /UlYllaaallu6giment 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 ma W Roy Cooper, Governor North Carolina Department of Administration State Property Office June 13, 2018 Heather Coats, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 127 Cardinal Drive, Ext, Wilmington, NC 28405 .4 1 From: Wanda Hilliard ' W a4A6-a ia�+�J Real Property Agent Re: CAMA Permit Application Review / New Hanover County 5936 Nautical Isle Ct. Adjacent to the AIWW in Wilmington Construct New Private Docking Facility Machelle Sanders Secretary Tim Walton Director Please confirm that the facilities are not located within the 1000'USACE AIW W easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. RECEIVED JUN 21 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC State of North Caroltna I State Property Office " N 116 West Jones Street, Suite 4055 1 1321 Mail Service Ctr. I Raleigh, NC 27699 919 807 4650 T I Web: http://w .ncspo.com DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 2R, 2018 Regulatory Division Action ID No. SAW-2018-01059. General Permit No. 197800056 Robert and Sharon Allan 4932 Cremshaw Court Raleigh, North Carolina 27614 Dear Mr. and Mrs. Allan: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to construct a new private docking facility, at 5936 Nautical Isle Court, in the Helms Port subdivision, adjacent to the AIWW, in Wilmington, New Hanover County, North Carolina. Coordinates are: 34.1386 N,-77,8662 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, �CL/2 Liz u, Project Manager Wilmington Regulatory Field Office Enclosures: Plans GP56 conditions -2- e-Copy Famished (w/enclosures) Logan Marine, LLC Attn: Mr. David Logan 2709 Shandy Lane Wilmington, North Carolina 28403 david0loeanmarin e.com e-Copies Famished (w/o enclosures) Mr. Doug Huggett - NCDEQ/DCM Mr. Chad Coburn - NCDEQ/DWR Ms. Karen Higgins - NCDEQ/DWR Ms. Courtney Spears — NCDEQ/DCM Mr. Greg Bodnar — NCDEQ/DCM Ms. Maria Dunn —NCDEQ/NCWRC q' General Permit No. Maine ofPermittee: Effective Date; Expiration Date: DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28,403=1343 197800056 General Public January 1. 2017 December 31, 2021 DEPARTMENT OF TIE ARMY GENERAL (REGIONAL) PERMdT 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 Engindersi pursuant to Section lA of.the -Rivers and Harbors Act of March 3, 4899 (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 Anny by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue - Wilmington, North Carolina28403-1343 TO MAINTAIN; REPAIR, CONSTRUCT AND'INSTALLPIERS, DOCKS, BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS, DOLPHINS, JETTIES, GROINS AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES IN TEE STATE OF NORTH CAROLINA. Projects must be constructed in conformance withthe 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. 3. 'Breakwater structures will be designed to provide for adequate` water _..._ circulation landward of the structures. This RGP does not authorizeexcavation 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)'highwater. 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 1M,years; .A less precise method, such as observation of the apparent shoreline; which.is determined by referenceto physical markings, lines of vegetation, may be used for the purpose of this permit. b. Ordinary High Water Mark (OR WNJI 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 stractures;located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington DistriotEngineer. You may review the setback policy at ham://w*w.saw.usace.army.mi!/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction.of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must 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'Y' 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 waterbodyin-any manner that may adversely affect navigation by the general public. 2 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 Tylartc (MWM) elevation contour (tidal. areas) or the Ordinary i_g WaterNlarlt,(OHM 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 thepresence of aFederally 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. Thetbtal square footage of shaded impact for docks and moodng.ficilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square feet. In caloulating the shaded fmpaet, uncovered open water slips'shali not;be counted in the.total. Tiie maximum size of anyindividual component of the docking facility (excluding the pier) authorized by this General; Permit shall not exceed 400 square feet unless the Coils 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. Boatlifis will be open and will not'exceed 400 square feet. h. Boathouses,'boatlifts, boat shelters and will not be constructed over Federally jurisdictional wetlands. 1., Docks and piers extending over wetlands will be elevated sufficiently (minimum of 3 feet) above the wetland substrate to prevent total shading ofvegetation,,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 folldwingtwo conditions are met: 1. Water depth'at the docking facility location is.equal to or. greaterthan 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 sbbinerged aquatic vegetation shall be allowed if the water depth between,the bottom .ofthe proposed 'structure and the: substrate isut least 18 inches at mean low water level. in. Jetties will not extend farther than 100 feetwate ward of the (tidal areas) or the OIIWM elevation contours. n. This general permit does not authorize the installation of fueling facilities on authorized structures. o. Riprap groins shaRnot exceed abase width of JO feet. p. '1dprap groins inwtbe constructed of clean rock ormascury mitteriat and be of sufficient size to prevent displacement by wave occurrent 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 primarynursery areas. s. No jetty shall be constructed during the period between April 1 and September 30, sunless the activity is spproved by NCDNT 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 fluctuatioris 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. Theywill'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 feaof 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 willbe installed and maintained by and at the expense of the pormittee x It is possible that the authorved structure maybe 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 livable for any such damage. y. This general permit does not'autherize 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 subiectto an casement in favor, of the United States for the operation, maintenance, improvement; and enlargement of the Atlantic Intracoastal Waterway 4 IA will be; removed At the expense of thepenniftee, in, the event that, in the judgment of the -U.S. Army Corp& of Engineers acting on behalf ofthe,11rited States, the lands are needed at anytime for so purpose within the scope of the easement. Permanent buildings will not b6 constructed within the easement. as. This,general permit does notapplyto structures within existing or proposed. marinas as, defined by North Carolina Administrative Code, Titie'l 5, Subchapter 711.0208(b)(5)i bb. Should allor part of proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commi ssi oil, a Coastal . Area Management Act (CAMA) permit is rqquired from the North Carolina Division of Coastal'Management before the onset of the Proposed activity, Should aTederal Activity within any one of gorih,Carolina's twenty coastal. bounties 6r*hich could need 4 coqstdf use or resource -in Any one of North Carolina's twenty -coastal,counties beproposed. by a Federal agency, a consistency determination pursuant to Subpart"'d" of 15 OPP, 930 must be prepared and submitted by thatFederal Agency to the North Carolinall)'Nikioln of , Coastal, Management before the onset of the proposed activity, GenerAl Conditions. a. Rtcept-as authorized by this general pernrit or any Corps approved modification to this general permit, no excavation, fill or mechanized land-61mirig - Activities shall take place withinwatersor wetlands, at any time inAhe constructionormaintpronce ofthis project. Thiapermit 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 ppimit 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 pe;mit area. This shall include, but is not limited to, the immediate installation of siltftoingor similar appropriate devices around all,ar6as subject to soil disturbance, of the, movement of earthen fill; and the immediate stabilization of all disturbed areas. Additionally, the project must remairyin full compliance with 0 aspects of the Sedimentation Pollution Control.Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 5 e. The activities authorized by this general permit must not interfere with the - -- publie's right to fiec navigation on all navigable waters of the United States. No attempt will be"made by the permittee to prevent thefall and free use by the public of all navigable waters at or adjacent to the authorized work for -a reason other than:safety, £ 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, inthe opinion of the Secretary of the Army of his/her authorized. representative, said structure or work shall cause unreasonable obstruction to, the free navigation ofthe navigable waters,the.permittee willbe 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 limitan agency's abilityto conduct necessary operation and maintenance functions. Per Section 14 of the Riven; and Harbors Act of 1899, as amended (33 U.S.C. 40$), 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 deseribed.in General Condition "x" 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-easernent 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: SAW Web-NAV(Zbusace.armv.mil j. The permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any 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. in. This general permit does not authorize, the interfereneeviith any existing or proposed federal:project. n. In issuing this permit, the Federal Government does notassume 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 of uses thereof as a result of current or, future activitie%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,permitmaybe modified, suspeadedor revoked in whole or inpatt if the Wilmington District Engineer, acting for the :Secretary of the Army, determines .that such action would be in tha 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 the, basis for any claim fbr damages against the United States Government. p. No -activity may occur. in a component of the National Wild and.Scenic River System, or ina 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 responsibilityfor 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 "studyrivee' (e.g., National Park Service, U.S. Forest Service, etc.) q. This general permifdoes 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 permittee provides the Corps with a certification from the Secretary of Commerce thatthe proposed activity is, consistent with the purposes of Title I11 of the Marine Protection; Research and Sanctuaries Act, Information on marine sanctuaries maybe obtained at http://sanctuaries.noaa.2ov1#NIN. Permmittees may not begin work,antil theyprovide 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 offlistoric Places and. its codified regulations, ,the National Hist6do 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 notauthorized, until the requirements of Section 106 of the National 1)istorie Preservation Act (NEIPA)have been satisfied. Pernrittees 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 beginworkuntil notified by the Corps that the requirements of the N.HPA have been satisfied and that the activity is ambhorized. S. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing ilia activity authorized by this permit, you must immediately notify the Wilmington District 1ngineer of what you have found, and to theii iaximum 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£or listing in the National Register of Historic Places. I. No activity is authorized under this.general permit which is likely to directly or indirectlyieopardize the continued existenco of a threatened or endangered species or a species proposedfer such designation, as identified under the FederalEndangered Species Act (BSA), or which will directly, or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any N Wf' which "may.affect" a listed species' or critical habitat, unless Section 7 consultation addressing the effects ofthe proposed activity has been completed*. Information on threatened and endangered species and their critical habitat can be obtained directlyfiom the Corps field offices, the USPWS field offices or at the following web addresses httg:1/www.fws:eoy/ or htip:llwww fws. o�vfipac/ or http:tlwww noaa.gov/fisheries.html. Permittees must subriit the information described in General Condition "x" to the Corps if any listed species or designated critical habitat 'maybe affected by the proposed project. Permitteesmay not begin work until notified by the Wilmington District Engineer that the requirements of the ESAhavebeen satisfied andthat the activityis authorized. *Note- Section 7 consultation has been completed for the West Indian Manatee and ifthe Activity migbt affect themanatee, 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 batand 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 furthef protect the endangered West Indian Manatee (Trichechus manatus), the:permittee mustimplementthe USFWS' Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at h t 1//www fws'sov/ne-es/mammal/manatee euidelines:pd£ v. The. Wilmington Aistrict; 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) (Myotis septentrionahs) 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* agencyfor 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.prcject. *Generally, if aproject 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 Iead 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 t} gpt d/www fws aov/midwestlendangered/mammals/nleb/pdf/WNSZoho.pdf. Ifthe 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 12-digit Hydrologic Unit Code area 0 red HUC" - shown as red areas on the map), AND/OR; • involves percussive activities within 0.25 mile of a red RUC. Red RUC 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: w httn://ww.fws.eovlashdville/litinls/t)roiect ,review/NLEB in WNC.litmI. For the eastern 59 counties in NC (covered by the Raleigh Ecological. ServicesField Office), check the project location against the electronic maps found at: hos--//www.fws.goy/raleighNLEB,, RFO html. (2) A pernrittee must submit a.pre-construction notification (PCN)to the district engineer, and receive written authorization horn the district engineer; prior to commencing the activity, if the activity will involve either of the following; • tree clearingfremoval, constructiorilmstallation 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 andgeneral 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 HIJC 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 wi11NOT include: tree clearingtremoval; construction/installation of wind turbines; bridge removal or maintenance, unless the bridge has been inspected and there s: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 theNLEB, and has (1) determined that the project would not cause prohibited incidental take of the NLEB and (2) completed coordinatioiilconsultation that is required by the Service (per the directions on the respective Service offrce's website), that project may proceed I0 without notification to- either the Corps or the Service, provided all General and Regional Permit Conditions (for NWPs), orRGP general and special conditions (for RGPs) are met. The NLEE SLOPES can be viewed, on the Corps websito at the fol Well Page: bgg-/./www.saw.usace.di7nmi]/MissionslReeulator�P Proerani/A encv-CoordinationiESAl: Permittees who do nothave w: If the permittee discovers or observes any live, damaged, injured or dead individual ofan 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/orNationalMarine Fisheries Service: x. Foractivi ies that require approval £rom the Corps;prior to initiating ariy'work; ttre permittee must submit the following information to the appropriate Corps Regulatory Field Office: I. Name,address and telephone number of the prospective permittee 1 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 widib,.height, length of structures or fills, piling span, distance from the shoreline, type of materials, location of structure(s), andthe 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 beprovided 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 srtfficient 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 F1oodInsurance Program thatprobibits any development, including fr11, within a floodway thatresults in any increase in base.flood elevations. This general permit does notauthorize'any activity prohibited by the National Flood Insurance Program. z. The permittee must install mud maintain, at his/her expense,, any signal lights and signals prescribed by the U.S-CoasttGood, through regulations. or otherwise, on authorized facilities. For further information, the per rittee should contact Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterw&vsCa useeanil. an. The permittee most maintain any structure or work authorized by this parnit in d condition and in conformance Zvifhtho terms and gonditions of this permit. The wont. Transfer in fee simple ofthe work authorized by this permit will automatically transfer this permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permitteemust inform any subsequent owner of All activities undertaken under the authority ofthis .pemut and provide the subsequent owner witha copy of the ,terms and conditions ofthis permit, bb, At his sole discretion, anytime during the processing oycle, the District Engineer may determine thatihis general permit will not be app specific proposal. In such,case, thoproeedures for processing an indivit accordance..with 33 CFR 325 will be available. cc. Except as authorized by this general'permit or any Corps, approved modification to this, general' permit, all fin material placed in waters or wetlands shall be generated from an upland source and will be clean andfree of any pollutants except in trace quantities. Metal products, organicmaterials (including debris from land clearing activities), or unsightly debris will net be used, Ad. 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. cc. Activities which have commenced (Le., are under construction) or are under contract to commeneein reliance tLpon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permifa expiration, modification, or revocation. Activities completed under the authorization of thisgeneral permit that were in effeot atthe time the activity was completed continue to be authorized by the general permit. 13Y AUTHORITY OF THE SECRETARY OF THE ARMY:, FOR TEE COhM ANDER. ASCOtArendou, l Chief, Regulatory Division Wilmington District 12 United States Department of the Interior FISHAMWff-DMFE SERVICE Raleigh Field Offrco Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOFHDBNG HI1dPACTS'H CrTHE WEST 1"TAN M14.NATEZ Wecautionary Measures for Construction Activities in North Carolina Waters The. West Indian manatee (Trtehechus manatus), also known as the Florida manatee, is a Federally -listed, endangered aquaticmammal 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 tl}o 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 manatees principal stronghold in the United States is Florida, the, species is considered a seasonal inhabitant of North Carolina with most occurrences reported from Suno,through October, To protectmanatees 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,gaidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1 The project manager and/or contractor will inform all personnel. associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will'ensure that all construction personnel know the.general appearance of the species and their habit of moving about completely or partially submerged, in shallow water. All construction personnel will be informed drat 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, 3, If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment: Activities will not resume until the manatee has departed the project area on its oft volition.(Le., it may not be herded or harassed from the area). 4.-Any collision with and/ofinjury to a manatee will bereported immediately:, The report must be made to the U.S. Fish and'bVildlife Service (ph. 919-856-4520), the National Marine'Fisheries Service (ph. 252- 728-8702), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546), 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator: The sign should state: CAUTION: The endangered rnanatee,may occur in these waters during the warmer months, primarily from June through Ootober, idle speed is required if operating this vessel in shallow water during these months. All equipmentmustbe shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252- 448-1546). 6. The contractor will maintain a.log detailing sightings, collisions, and/or injuries to manatees during project: activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. ., 7. All vessels associated with the construction project will operate at "no wakeddle" speeds at all times while in water where the draft of the vessel provides' less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation, barriers must be placed in shallow water, thesebarriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored rto ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina276363726 919/85"520 Figure 1. The whole body of the West Indian manatee, may be visible. in clear water; but in the dark and muddy Wafers of coastal North Carolina, = normally sees only a small part of the head when the, manatee raises its nose to breathe. 3775 illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: CIark,.M. K. 1987. Bndangered, Threatened, and Rare Fauna of North Carolina: Part I. A re- evaluation of the mammals. Occasional Papers of the North Carolina BiologicalSurvey1987-3. North Carolina StateMuseum of Natural Sciences. Raleigh, NC:. pp. 52. 3 ROY COOPER 4 Govemar I.a MICHAEL S. REGAN secretary Coastal Management BRAXTON DAVIS Dor ENVIRONMENTAL QUALITY o� May 18, 2018 RECEIVED TO: Chad Coburn 401 Wetlands MAY 18 2018 DWR-WiRO NCDEQ FROM: Heather Coats, Assistant Major Permits Coordinator WILMINGTON RO NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsan-ncdenr.gov . Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Robert & Sharon Allan Project Location: 5936 Nautical Isle Ct., adjacent to the AIM,, in Wilmington, New Hanover County Proposed Project: to construct anew private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 13, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. kl;lm W1149 tlk mC Yiyy REPLY: This agerrCY has no objection to tYSe project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project onI if the reco m nded c ang s are incorporated. See attached. —. /�y��q�p��t�/pj ;n U�pq This agency objects to the project for reasons escribed in the attached comments. SIGNED DATED a'703118 State of North Carolina I Enviroameutal Quality I Coastal Maoagerawt 127 Cerdioal Drive Ext., Wilmington, NC 28405 910-79&7215 Bodnar, Gregg From: Sent: To: Subject: Hey Gregg, Sorry about that, it's 2018-0717. Coburn, Chad Monday, July 09, 2018 11:30 AM Bodnar, Gregg RE: 5936 Nautical Isle - Allan From: Bodnar, Gregg Sent: Monday, July 9, 2018 11:25 AM To: Coburn, Chad <chad.coburn@ncdenr.gov> Subject: RE: 5936 Nautical Isle - Allan Morning Chad, Do you have a BIMS number associated? Gregg From: Coburn, Chad Sent: Tuesday, July 03, 2018 11:24 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: 5936 Nautical Isle - Allan Chad Coburn Environmental Specialist II NC Division of Water Resources Water Quality Regional Operations Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910-796-7379 email: chad.coburn@ncdenr.gov -^/Nothing Compares , E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: 4932 Cremshaw Ct Raleigh,NC 27614 919-610-4167 Sharon Allan rfallan@us.ibm.com I certify that I have authorized David Logan of Logan Marine, LLC Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Erect new retaining wall & docking facility at my property located at 5936 Nautical Isle Ct in New Hanover County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: 'I x1aa-4? _ Signature Sharon S Allan Print or Type Name rs Title _5 1 8_I 2018 Date RECEIVED MAY 2 3 MS DCM.MHD CITY RECEIVED This certification is valid through 5 / 07 / 2020 g DCM WILPAINGTON, NC r, a. - Ln C3 u,-OIPIIPI®® C4 A L SCertifad Mail Fee ep $ c ru & E%(288NICBS F. ❑Ream RBCBi.Ncoq) $ I1 ti ❑Pakma—.pt(ele mnld $flI Art C3 ❑CMiPeO Mal aeetncY DWW $ rt i el O E]Pda Signature R,Wu i � C3 ❑Ma Signature RBBWdetl DeM, $ Postage O $ Cl. ?1 ,-p Total Postage C3$ E6.°1 un sen To ` R C (3,w, f-C-E rq - _ o s�eaaMr::ar�arw.. - ■ 0 U N 7 M = W 3E II{I15 Postmark Here i6/10/201 'ostal Service'" Timm MAII ® Ri=nmc rjomestic Mail only a. For delivery information. visit our website at www.usps.com . '.. ..WINIIIIIIIII�.. m ru fL n.l lC3 0 O O S .A O rn ra 0 r` ■ 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 mailpiece, or on the front if space Permits. 1316N1(AWo �t.I�rst, I�tuSr 2145' Cwlizakoe v12 ZI If YES, enter delivery address below: O Agent dress Date of Delive 17 ❑ Yes ❑ No MR�2+1NSVh-t-E NCJ�� 3. Service Type ❑ Priority Men Express® II I IIIIII IIII III I II I II II II I I III II II I II I I II III Registered gilazered ❑ AAdult dult Signs ure Restricted Delivery ❑ Mail Heard( 9590 9402 2978 7094 5965 67 0 can n d Mau Restricted Delivery, ❑ a� n Receipt for ❑ collect on Delivery Merchandise 2. Article Number (Transfer from smke label) El Wiser an Delivery Restricted Delivery ❑ Signature Confinnallor 7015 0640 0002 2843 0040 $ Mai Restricted Delivery ❑RstrictdDDeliiivery her PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Hecell ■ Complete items 1, 2, and 3. A. sq ■ Print your name and address on the reverse X 13 Agent so that we can return the card to you. ❑ Addreae • Attach this card to the back of the maiipiece, 8. Received by, Mvm) C. Date of Deliw or on the front If space permits. ; "A SGf�ti�1-tt��_ 1. Article Addressed to: D. Is delivery address different from Item 17 13 Yea rs if"Z616, / If YFS, enter delivery address below: 0 No �U NtCk1-Sk•)%5 I!r'— W\lJ✓tt&)C-xkOt/1 13L I z C1 3. Service Type ❑ Priority Mall Express® IIIIIIIIIIIIIIIIIIIIII ZIIIIIIIIIIIII IIIIIIIIII Adult 00 AdulM Signature Restricted Delivery ❑R21steredMailResei carload. 9590 9402 2978 7094 5965 43 ❑ Certified Man Restricted Delivery ❑ Return Receipt for 0 Collect on Delivery Merchandise 2, aAiNe Mnm1u. IReneb y...R, en.,,L.n /e/..n ❑ Collect on Delivery Restricted Delivery 0 Signature Coolirmatiui 5 0640 0002 2843 0057 ❑ Insured Mail ❑=col Mall Restricted Delivery El Signature Conflnnailoi Restricted Delivery (over 35o0) 3811, July 2016 PSN 753D-02-000dW53 Domestic Return Recel RECEIVED MAY 21 2018 ACM WILMINGTON, NC W "I CS iCJi7Cj I,DOt d. RECEIVED ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: 6C�1Nia0 \-W\M-, T(L\ M�ttLT\ Nsv\� � N J O%q 3w IIIIIIIIII'IIIIIIIIIII IIII IIIIIIIIII I IIIIIIIII 9590 9402 2978 7094 5965 74 2. Article Number (Transfer from -2 8 4 3' 3799 7015 0640 0002 _ pg-ro—rmf 3811, July 2015 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiiplece, or on the front if space permits. 1. Article Addressed to: (--(n C. 6>aL1;�&t So 33 Oc5c \o5 \n c -prz t%1 L 'IZOA oC)i I IIII II till IIIIII I I II ll II IIIII I I IN Ill 9590 9402 2978 7094 5965 81 2. Article Number (Transfer from service kban 315 0640 0002 2843 3805 , July 2015 PSN 7530-02-000-9053 A. F14 M JUL 1 1 2018 C. Date of Delivery D. Is delivery adckess nt from Item 17 ❑ Yes If YES, enter delivery address below: [3 No 3. Service Type ❑ Nority Mail Express® ❑ Adult signature ❑ Registered Mail'- signature Restricted Delivery tilled ❑ Registered Mal Restricted tIt o Mall® ❑ Certified Mall Restricted Delivery very ❑ Return Receipt for ❑ Collect on Delivery 7 Collect on Delivery Restricted Delivery Merchandise ❑ Signature Confirmation"' 3 Insured Mail ❑ signature Conlrmation "I Insured Mall Restricted Delivery Restricted Delivery FF=- A. Signature X B. Received by (Printed Nerve) C)r';Z'I ,�� 4�- Receipt ❑ Agent C. Date of Delivery D. Is delivery address different from Item 1? ❑ Ye: If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mal Express® ❑ Adult Signature ❑ Registered Mal^ ❑ Adult Signature Restricted Delivery cedmed ❑ Replslared Mall Restricted Meil® Delivery Ceriilled Men Reefi���Ij�{y� ❑Collect �1=1vC1�fEp ❑ Realm Receipt for Merchandise enDetivery ❑ Collect on DBlvery Reslrbled Delivery ❑ Signature ConflrmatlonTM ❑ Insured Mail ❑ Signature Confirmation ❑ Insured Mail RestdcWokd" 2 018 Restricted Delivery DCM WILMINGTON Return Receipt j r..w USPS Tracking® FAQs > (httpJ/faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: 70150640000228433799 Remove X Your item was delivered at 11:09 am on May 30, 2018 in MARTINSVILLE, NJ 08836. G Delivered May 30, 2018 at 11:09 am Delivered MARTINSVILLE, NJ 08836 Tracking History v Product Information u See Less /\ Tracking Number: 70150640000228433805 Remove X Your item has been delivered to the original sender at 12:07 pm on July 5, 2018 in WILMINGTON, NC 28409. G Delivered July 5, 2018 at 12:07 pm Delivered, To Original Sender 1A111 \AII.I�^Kl kl1 ^^Ann 1 11 Add a tracking number 0 70150640000228430057 Delivered: WILMINGTON, NC 28409 on May 14, 2018 at 12:57 pm Expected Delivery on: Monday, May 14, 2018 by 8:00pm 70150640000228430040 ;� Delivered: DCg t,pc v MARTINSVILLE, NJ 08836 on May 16, 2018 at 8:04 am / � l M 0 UPDATED 602018 3:31 PM mtA L Spears, Courtney From: J. David Logan <david@loganmarine.com> Sent: Thursday, May 17, 2018 12:06 PM To: Spears, Courtney Subject: Re: [External] 5936 Nautical Isle Court I spoke with him yesterday, it's all good. Please proceed with permit as is. Thanks David Sent from my iPhone On May 16, 2018, at 3:08 PM, Spears, Courtney <courtnev.spears@ncdenr.gov> wrote: Hey David, I saw that Mr. Benigno copied you on the email below. Just let me know if you or your client wish to change your proposal in any way. Thanks! Courtney Spears Field Representative Division of Coastal Management Department of Environmental Quality 910 796 7423 office courtnev. spears(cDncdenr. oov 127 Cardinal Drive Ext. Wilmington, NC 28405 4. f�mit c� ca -NK Email correspondence to and from tl North Carolina Public Records Law ariu ,,,ar From: Robert Benigno[mailto:robertabenigno@gmail.com] Sent: Wednesday, May 16, 2018 11:50 AM To: Spears, Courtney <courtnev.spears@ncdenr.gov>; david@loganmarine.com; robertabenigno@gmail.com Subject: [External] 5936 Nautical Isle Court 1 Dear Ms. Spears, Attached is the letter that I wrote regarding 5936 Nautical Isle Court outlining my concern about the plans. Thank you, Robert Benigno <5936 na uti ca I Pier. PD F> Or w CERTIFIED MAIL • RETURN RECEIPT REQUESTED UW DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Robert Allan Address of Property: 5936 Nautical Isle Ct Wilmington, NC 28409 (Lot or Street #, Street or Road, City & County) Agent's Name #: David Logan Agent's phone #: 910-367-1348 Mailing Address: 2709 Shandy Lane Wilmington, NC 28409 I hereby certify that I 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. �R,9 I have objections to ;his p o osal. Initial I /", SPP -?,VeA"4if le&W ff you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at htti://www.nccoastalmanaaement.net/web/cm/staff-listlna or by calling 17888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift 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.) I do wish to waive the 15' setback requirement. _� d_, I do not wish to waive the 15' setback requirement. Initial (Property Owner Information) Signature David Logan Print or Type Name 2709 Shandy Ln Mailing Address Wilmington, NC 28409 City/State/Zip 910-367-1348 david@loganmarine.com Telephone Number / Email Address 5/7/18 Date (Riparian Property Owner Information) Signature OF Roder-- BeNIgNO Print or Type Name n Z 1 w Crl'bri olc' /Cdai?l Mailing Address Ma t--ftNsyA NUJ 0 883,6" City/StatelZip 73-)- 735- 1--�- 06 Telephone N mb3c/ Emai ddres f sk �qNo Mai -CaM Date �' (Revised Aug. 2014) i ._ UtfG 2145 Gilbride Road Martinsville, NJ 08836 May 16, 2018 Re: 5936 Nautical Isle Ct. Dear Ms. Courtney Spears: I am responding to the letter dated 5/7/18 from David Logan which I received today 5/16/18. 1 am expressing my objection to the proposal for a permit for a pier docking facility on 5936 Nautical Isle Court based on the drawing that I received. The Gazebo and platform lays right up against the 15 ft' Riparian Boundary line, on the side closest to my property, 5932 Nautical Isle Court. I respectfully request that the Floating Dock, Boat Lift, Platform, Gazebo and any other structures be centered in the riparian access of 5936 Nautical Isle Court. The reason for this is that I am also contemplating building a pier and boat house in the future, that I would center on my own riparian access. That would ensure that Mr. Robert Allen's facility and mine are as far apart as possible to mutually ensure our own privacy and enjoyment of the docks. I would welcome the opportunity to discuss this with you, Mr. David Logan, and Mr. Robert Allen. My contact information is 732 735 1206, robertabeniano@Rmail.com. cc: David Logan david@loganmarine.com Sincerely, Robert Benigno RECEIVED DCM WILMINGTON, NC 2145 Gilbride Road Martinsville, NJ 08836 May 16, 2018 Re: 5936 Nautical Isle Ct. Dear Ms. Courtney Spears: I am responding to the letter dated 5/7/18 from David Logan which I received today 5/16/18. 1 am expressing my objection to the proposal for a permit for a pier docking facility on 5936 Nautical Isle Court based on the drawing that 1 received. The Gazebo and platform lays right up against the 15 ft' Riparian Boundary line, on the side closest to my property, 5932 Nautical Isle Court. I respectfully request that the Floating Dock, Boat Lift, Platform, Gazebo and any other structures be centered in the riparian access of 5936 Nautical Isle Court. The reason for this is that I am also contemplating building a pier and boat house in the future, that I would center on my own riparian access. That would ensure that Mr. Robert Allen's facility and mine are as far apart as possible to mutually ensure our own privacy and enjoyment of the docks. I would welcome the opportunity to discuss this with you, Mr. David Logan, and Mr. Robert Allen. My contact information is 732 735 1206, robertabenigno(o)gmail com. cc: David Logan david@loganmarine.com Sincerely, Robert Benigno RECEIVED MAY 2 3 2019 DCM-MHD CITY ON'NOIDNIWIIM WO17 81H91 MN a3AI3D38 N RECEIVED BK: RB 6135 PG: 2277 - 2278 RECORDED. 0412012018 02:64:06 PM BY: ANDREA CRESWELL ASSISTANT This instrument prepared by: MAY 2 3 NIB DCM-MHD CITY NC FEE $23. W 2018011981 NEW HANOVER COUNTY, REAL ESTATE TAMMY THEUSCH BEASLEY REGISTER OF DEEDS EXTX S4800.00 ELECTRONICALLY RECORDED Jeffrey P. Keeter, a licensed North Carolina attorney. Parcel ID# R07600-003-170-000 PO Box 4, Wilmington, NC 28402 Revenue Stamps: $4,800.00 WITHOUT TITLE EXAMINATION OR CERTIFICATION STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED, made this 1_ day of April . 2018, by and between, SEL PROPERTY INVESTORS, LLC, a North Carolina limited liability company, wh�J ddress is 60 Gregory Road, Suite I, Belville, NC 28451, GRANTOR; and ROBERT F. ALLAN and wife, SHARON STONE ALLAN, whose address is 4932 Cremshaw Ct., Raleigh, NC 27614, GRANTEES. aka Sharon S. Allan WITNESSETH: THAT the said GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations to it in hand paid by GRANTEES, the receipt of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the said GRANTEES, their heirs, personal representatives and assigns, the following described property lying and being in the County of New Hanover and State of North Carolina, and more particularly described as follows: Being all of Lot 8, Phase Two of Helms Port Subdivision as shown on that map recorded in Map Book 60 at Page 297 of the New Hanover County Registry, reference to which is hereby made for a more particular description of the property. THE ABOVE -DESCRIBED PROPERTY IS CONVEYED SUBJECT TO: (A) all ad valorem taxes against the same far the current year, which are to be prorated between tee parties, using the calendar year as the basis for prorating; (B) all easements and public and private utility rights -of -way of record affecting the same, and (C) certain easements and restrictions as to the use thereof, running with said property by whomsoever owned, which easements and restrictions are expressly assented to by the Grantee by acceptance of this deed, and which easements and restrictions are set font in or shown on the Master Declarations of Covenants, Conditions and Restrictionsfor Helms Port, recorded in Book 5879, Page 850, New Hanover County Registry, as it may be amended from time to time (the "Declaration). RECEIVED DCM WILMINGTON, NC MAY 10 2018 Submitted electronically by "J.C. Hearne, II, Attorney at Law" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. RECEIVED MAY 2 3 2018 TO HAVE AND TO HOLD the above granted and described premises togetheAQ*MkiQiiQ&17 the rights, privileges, easements and appurtenances and hereditaments belonging or in anyway appertaining unto the said GRANTEES their heirs, personal representatives and assigns, in fee simple. AND the said GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEES, their heirs, personal representatives and assigns, that it is seized in fee of said premises and that it has good right to sell and convey the same; that the title is marketable and free and clear from any and all encumbrances, except as set forth herein; and that it will, and its successors and assigns shall, WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. Notwithstanding the foregoing, the warranties herein recited are subject to: 2018 ad valorem taxes; all applicable zoning and land use ordinances, rules, regulations, laws and statutes; no warranties oftitle are given as to any part of the subject property lying below the mean high water line of adjacent waters; and all restrictive covenants, easements and rights -of -way of record. IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be signed in its name by its Vice President, on the day and year first above written. Q If checked, the property herein conveyed includes the primary residence of one or more of the Grantors. SEL ;=SEAL) BY: Patrick Lennon, Vice President State of North Carolina County of _ Bruvy wit k I, pw�qvla a Ch eS.+yw + . a Notary Public of tt A) 1 &W i GIC County, North �r Carolina do certify that on thisLL day of % I., 2018, before me personally appeared PATRICK LENNON, Vice President of SEL PROPERTY INVESTORS, LLC., a North Carolina limited liability company personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person(s) whose name(s) is/are signed on the preceding attached record, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. Notary Public l (Seal) My Commission expires: Ap,i I 3v" 2.0 a . Amanda Chestnut CM WI RECEIVED NC Notary Public Brunswick County, NC mY 10 2018 Coastal Management ENVIRONMENTAL DUALITY May 11, 2018 David Logan Logan Marine, LLC PO Box 1552 Wrightsville Beach, NC 28480 Dear Mr. Logan: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Davao, RZC 'VRD MAY 23 0C?0) M.CITY The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Robert and Sharon Allan, for State approval for development of the property located at 5936 Nautical Isle Court, adjacent to the AIWW and Masonboro Sound in Wilmington, New Hanover County. It was received complete on May 10, 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 24, 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 May 10, 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. Sin r ly, Courtne Sp Field Repre ntativii cc: Heather Coats, DCM Liz Hair, COE Doug Huggett, MHC Chad Coburn, DWR Darrell Galloway, LPO Robert and Sharon Allan, Applicant State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 N0T1(0'$1?j CAMA PERMIT APPLIED FOF! Iocking facility at 593 Ma: County. COMMENTS ACCEPTED THROUGH June 13, 2018 APPLICANT: ran, I-Filliffs" Agent: David Logan 910-367-1348 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Courtney Spears, Field Represenfa-TiVe 910-796-7423 Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Govemor MICHAEL. S. REGAN Secretary May 18, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Stuart Bayley / New Hanover Co. • Robert and Sharon Allan / New Hanover Co. • Fred Baldino / Brunswick Co. Hello Angie: Please publish the attached Notice in the Wednesday, May 23, 2018 issue. BRAXTON DAVIS Director The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Since�el1 Shaun K. Simpson Permitting Support & Customer A stance Heather Coats - WiRO Doug Huggett - MHC RECEIVED Liz Hair - USACE Sarah Young- DCM MAY 2 3 2018 DCM-MHD CITY State of North Carolina I -Environmental Quality I Coastal Masag<ment 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 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 applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA, in New Hanover County on May 10, 2018: Stuart Bayley proposed to construct a bulkhead and docking facility at 311 Florida Ave., adjacent to the CB Yacht Basin, in Carolina Beach; and Robert & Sharon Allan proposed to construct a docking facility at 5936 Nautical Isle Ch, adjacent to the AIWW in Wilmington. On May 14, 2018, Fred Baldino proposed to construct a private docking facility at 719 Shoreline Dr. W., adjacent to the AIWW, in Sunset Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Courtney Spears (NH Co), and Tara MacPherson (BR Co.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7213) 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 June 13, 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 MAY 2 3 2018 DCM-MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 Project Name_ a , ; s ( Coca hedF No & Amount � �., ,q : Development Type Fee (143001601435100093162'5623) (24'00'16021,,5)'0009522341% sr. ate. aun•t•,omt±iprc)at develoU�tzent . at: Goes not involve the feting or t xravabon of any wetlands or open ter „ ' areas $250 100% ($250) 0%. ($0? t dI Public or commercial development that daes not involve the lifting or excavat!nn .. of any wetlands or open water areas. $4t.'0 i00ndo(34GG; 0"/6($001 flt. Fot development t2tat involves the filling anchor excavation o1 up la 1 acre of oili r+e.tland> and/or open water afeas i etc, rnrro4 if A,2,rclo3✓a} <vm"x:s,.,,.m�a..m.oe:�vu,:eae.swrwrr�.arrw � _)Private, non-commercial lopmert, if General Water Quality .. :.ertiflcation No 4i44 (See attached) can a applied, ' S250 100% Mg ,0) tzl Mill) Public, of oommerc2al development f Ganetai Water Quality certification No.. „ c ,ie,�t!hed}can beapplied. $400 'Ii1U`,'c;�40i 0,=h �Sor _ MIC}, it General Water Quality Carfficalion No. 4144 (see attached) ouidbe applied, but DCM staff determined that add47onal review and Nfftlen DWO concurrence is needed because of concerns misted to wafer quality or aqualic loe, S1100 6 0 % (S240,: 4t) f i'p iof j 1I(D). if General Water Quality ,.CrtS#iCation No 4144 iaee attached, cannot be applied 1:1100 rr("! 'S'4"i .EP" lv Development that involves the filling rtd,or excavation of more ttran one acre € f wetlands and/or apenwatar areas $4" 60%($285} 40%f$190) : Date Date Check From Name of Vendor Check Check Permit Rct. d Received Deposited Permit Holder Number amount Number/Comments 5/11/2018 Logan Marine c/o Robert Allan Corning 6187 $250.00 major fee, 5936 Nautical CS rct. 6243 David Logan Federal Isle Ct, Wilmington NHCo Credit NO split Union o V W O CM S C Y � 0 'AECrMasFonbor"ound Fea:.$25046.1 I I ,C[)AITS WHO'ce Applicant: Woblerti&'SharonlAllan: Woe ;AgenUC;bptractOnfOaV/drEo_qpn; 'Project Site'Cbunty: WewHa.rfov6r, Staffi,coudner'spears .Districts "Wilmington iProject Name: AlanAdcking,'Facillt, 5R6verFile:,Wa' River Rasin:.Cope Fear [hitialdate,of,Tppric�aUop,submittdl'5-.I0-"181 Date applicari6n,",received'aSCOMP[eFe°.im SITEiDESC.RiP.TiONiPERMIT;INFC)RMAT104t ttie'Field-o ORW:Ik%S+0N0 J�RNA-7*es,,!ONo- 'PhotqsTb N ken: Yes�El; 93 �Ir !Setba Required (riparian. Yes b, I _C'nrlcal -Habilat,'ElYes LjNo�J PRO"Sure 15,,fdotver' 'wai,bbtaini3d::L]Yeis t o Hazard' RotificatiomReturned: Oyes.� K 0 'ffVoSAV. Les shellBbttbm:;[:]Yes NoV Temporary�lrn J)qy.es Pacts. :0N6A Zure, -Sandbags: OYes. VqNw ETNOSure; DiditheilandFuse classjflcation,come MitigatlontRequlred�(optlonal)i !from,roudly.,LiljP:,M,.es'oNoi C]Yes.E]No Mordtoriuimcpriditioni: �Envirogm'entpl�'A�-sessme.ntioone: Len A_h�of,,Sh -line: Shoreline: .Oyxes� _4 I;[]Yei.!3NoJ.KNA' !FT. Stfellfigh,AreaDebignation: -7- Rrqj6ctlRescriptioq: (code): Development Area: t(code) (open, -or- Ica .1 SECONDArYe,WATER'CLASSIFICATION(�sOPTIONAL; (choose. MAX ofA), E]tFUture,,W6tdrISupO!y•(FWS)� MutrienteS6nsitivb-Wat,ers..,,(NSW) 0,SwampWateJrs.(SW) ;Eg!HighiQuality.,WatEfrs,(HQW), I,LjQptstanding,;Resoume,Waters'(ORW) .WETLANDVIOPAPTED: 0(404)� ;qrp. bf;Enqinee Wetla-ndSy,. ;(LS)-,Seanl6verfder Lim (SS)•Glassw,ort'(I.SaIico.rnIaIsp;), E(CJ) Siw7gi-asST(CFadjurwiam6-jeensq)., -D-,(sAysaitWwsh-cordgrEfss (Spartina; ERSy).;Sklt.reed grass (Spartinp., cyjnosurofdes)-. E] ,jr(DS)iS61tw'dplke g(ass,(DisUchlIs7, ),Bullrtiihorthreesquare.'(Scirpus sGattailffyphwsp:)? Wiclata), sp), OI(JR)4B!ack edlerush"(Juncus. E3t(SP)3Salfteadow; grass,(Spartinw spatens) 'ne roemenanus -APPLICATIOWFEE' Nofee;required!--$U0,0' 111(A)Rflvate,w/D&F,tup!to-T,-, e;349D l'El,lil(D)'Fdv,-pu6lic'orcommW/'P&FtOl1 can-ibeiapplied'- $250' • acre- 4`144-can'Lbe,applied!- $400- C3 Minor Mod i ication-to,a�C _MAiMajor Major Modification -to a!CAMA'Major E]AV Any. development involving D&F of' ,permit 4100- permit, 71240. . more than A acre - S475 C1 -Permit Transfer - $100 IIII(B).PUblicorcomaterc Expre.WPermW- $2000. acre;414*can beapplied;_'$400' [],e_quest Major. Oevelopment;wderision"r, E] 11,,Public,or commercial/no dredge $100, and/or fill - $400 I: Private no.dredgeand/or -aRcUor lill­$250 `Ej`111(C)Pfiv:,prqbfic orcomm.�%/O&F to I 'acre, 4-14:4�can,b6applied, ,DCM;needs DVOiagreemeriV- $400 f' Aflat Rbteir,Aliisan; !Dale; &10.18s r iObscribeibelow thefAC31V'.ITIES IhaNhave?been'sppliedifor.-Alltyalues ehouldlmatchlthe'dimenslon-,order; and'unitW(it rmeas urement,foupolinsyourr'Activitiesicode •shoot. TYPE 'REPLACE +' Activity Nama „Number Choose ChooSor Dimension 1 Ditnenslon2' . IDimensio_n`3 'DTtn'ensfop'4t 466 Ane . '. �NewWork' � ,:Replaco 'Metolr �� , ❑ Y'I EN; V �y ILr�lr_r!.`l •'New.Work' ; ..Repl-- 'MalOt`❑i'❑ Y( +N,L�'.'�` ' .. .r New^Work , ' Replace i +, ' •NeW+Work ;Maim❑I Replaces ❑* ' :MmWork`❑ 'Replace: ^ ' ... .. • ; .. .. , ,:New,Work014=Replace-,. .. _ .. ,.. - T ,NeW,,Work+.B Replace ; • ,. 1Melnt;E]'- '❑'Y+El-Ni iNew^Wb&(3, 'Replace' ' ';• i ;Maim ❑•. ❑'Y ,❑�NI .. . • , ^. ,. +Describelbelowithe HABITATcdistuibances"for the+application:. All=Values-shouldiinatchitheiname; andiunits�ofimeasurement;foundt imyourMabitat^o'od rsheet TOTAl,SgFt , (Applied far. .FINAL+Sq IF.0 (Anticipated gnat ( TOTAL"'Feet •(AppliedYor. 'FINAI:Feet (AAicfpaletl:finall .DISTQRBITiYP,•E' •iDfsturbance'loialr disturbance. Dlslurbence. sdisturbance'. 'Habitat''Name Choose Ohe inclddes any anticipated, • [Bcludes any. +restoration. 4o1a1 includes :any anticipated, ,Excl6des'any ;reslorationand/or - restorelim.or , ^andiortemp •restoradon or: temp'Impact;... • �. ' +• .,. , clam aim ads °'^,Im act amounl''..s;tem Impacts) •amount Dredge❑ ^Fill❑ ^Bothb❑+otherf '• (/+ !` 1J 11 v. Drado,[Et, !Fjll ❑i Both p. •Oihed, +Djedge,❑+ AFillj❑ Both'❑t•Olher El; . , j 'Dredge'❑i lFilli❑ :Bol ;O: Other:,❑ - ' Dredge ❑ `Fill,❑ Both, ❑' SOlher,-❑` .. Ipredge;❑� 'FlIbi] !Both,,❑; ,Other;❑' :'Fllll❑. ' • . ';Dredge ❑- _BothID Other:!❑ . *Dredge ❑�, FlII,G. Both ,❑^ Other El;-,i •.' revised- 10112/08• 819'•7: 11.888433.2293.RCOAST tq www.mccoa,Qta��Ln ngaRmnnoe•, , •. DCM Coordinator: GQ_ Distributed Yes[] No ❑ Applican : ,S oln Distribution Date AGENCY WIRO WARD LPO Rachel Love Adrick MHC DCM Planner: Mike Christenbury WILM Charlan Owens ECRO US COE: Liz Hair Raleigh Bland (Beaufort Camden, (Carteret Onslow, Pender) Chowan, Craven, Hertford, Hyde, Tyler Crumbley Perquimans, Tyrrell) (Brunswick, New Hanover) Josh Peletier — (Bertie, Currituck, Dare, US COE (NC DOT) Brad Shaver Gates, Pamlico, Pasquotank, Washington) (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Washington, Eliz City, Lee Padrick (Washington, Eliz City, Carteret Craven, Pamlico Carteret, Craven, Pamlico Cultural Resources: Renee Gledhill -Earley Renee Gledhill -Earley Underwater Archaeology Chris Southerly or Nathan Henry Chris Southerly or Nathan Henry Public Water Supply: Heidi Cox Clif Whitfield Curt Weychert WIRO Marine Fisheries: Shane Staples MHC Shane Staples WARO/ECRO NC DOT: David Harris David Harris Shellfish Sanitation: Shannon Jenkins Shannon Jenkins State Property: Tim Walton Tim Walton DEMLR/DWR: Karen Higgins Karen Higgins (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter i DEMLR: Sediment & Erosion- Dan Sams Richard Peed Storm water- Georgette Scott Roger Thorpe DWR 401- Robb Mairs (Carteret, Onslow, Anthony Scarbraugh Pender, New Hanover) Chad Coburn (Brunswick) (NC DOT) - Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC: Maria Dunn (WARD) Maria Dunn (WARD) WRC: (NC DOT) Travis Wilson Travis Wilson H:\Major Permit\Templates\Maj Comment Distribution Sheet.docx 4/16/2018 Project Narrative NC Division of Coastal Management 127 Cardinal Drive Wilmington, NC 28405 Reference: 5936 Nautical Isle Ct To whom it may concern: Logan Marine, LLC 3975-B Market Street Wilmington, NC 28403 NC Contractors License # 74511 david@loganmarine.com 910-367-1348 MAY 10 laid 5/7/2018 d The referenced property owner, Robert Allan, wishes to erect a new docking facility for the purpose of recreational boating, as indicated on the enclosed Work Plan Drawings. The proposed project will include a fixed pier, a fixed platform, a floating dock and a boat lift. Should you have any questions regarding this project, please contact David Logan as shown below or Courtney Spears with the NC Division of Coastal Management at 910-520-7441 or email courtney.spears@ncdenr.gov Regards, David Logan Authorized Agent david@loganmarine.com 910-367-1348 RECEIVED MAY 2 3 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON. NC State of North Carolina t Mathias Hunoval 5324 Holt Rd 5330 Holt Rd (Non -Riparian) ttt f State of North Carolina 5324 Holt Rd Top Embankment Barbee Bottom Embankment W W 5940 Nautical Isle Ct y y I Rob Allan ----_—_---_�--- �f 5936 Nautical Isle Ct --1—.-— W —_—_—_---_._T-- W --- Z cai Vf ---- zy`------------ ---- =-= ---y __ y Property 'ne —. _ Beningo pA IW H o I _ Edge of Marsh 5932 Nautical Isle Ct y W � � y y y yTop I - 0 �S Legend Property Lines —o-- 0— Riparian Boundaries ------ Other Boundaries ------------------- Boat Slips I0 Marsh Lands W A NLW _ — _ — 390' to USACE Channel 236'-011 - — - — - (NTS) —' — -- — Boat Lift �� t �-- Fixed Pier 6'x740' I 20x20 Platform with SOx20 Gazebo NLW RECEIVED JUN 2 7 2018 MP SECTION MHD N N to o a � U O O J C aJ J N U M m C Z ra to L YO M to O O C O J tT r N on o to 00 � 11 to N N N u ut > Go C_ C Y f9 U O = d 0 m 0 3 `L v Z U J 7 O O Zr o U 00 N O N U N z C 0 T L Q Z � 0 C a � J W N N 580' (NTS) (MHW to Outer 236' (NTS) (Edge of Marsh to Outer Platform) 009 11, 14 10' Covered 10' Open --► 14- Pile Boat Lift nkment i i NTS i Top of Pier+8. I u u n ro MHW +. Boat Lift Stops 2' Above Mud L MLW N Li Mud Line -0.S Li Li Li NTS = Not To Scale = Marshlands RECEIVED JUN 2 7 2018 MP SECTION MHD 511 ine N N tD Q fa U M O c 00 N � N 00V U m Z O M N mm c o J 0 C cn >. N m O W LO LOO \ "O M vi a� ai m o: U N U-N Q tio CL N O ,C a Y ,3 p in rn U O a ar 00 C N N = U a �z C O zCC C k.0 E m u1 ECEIVR :R-o JUN 2 S ,2018 wet), Ml_!taz. mn, nsrr; Stateof North Carolina Mathlas Hunoval Y/ 5324 Holt Rd 5330 Holt Rd ' - (Non -Riparian) State of No'h Carolina - 5324 Holt Rd Top Embankment I W' Barbee Bottom Embankment 5940 Nautical Isle Ct Rob Allan --- 5936 Nautical Isle Ct to — Property. me.. --.------ Beningo m �I�W " W �-`_—�` - N � -=--- 5932Nautical Isle Gt. 1" Edge of Marsh - Legend arty Lines o 0- !an Boundaries - — - — - — r Boundaries ------------------- Slips Q h Lands NLW _ Boat tiff --\— Fixed Pler6'z740'------- 20x20-Platform with IWO Gazebo `n j -- ------._._ NLW 5~ --- — =---- a, —_ _--- : N it 0 ---�965' Wetetbody� to USACE: channel (NTS) 0 O C O N 0 N UO ro O U m O J J 00 N t U m a Z cI C t o m 0 O^ of y N m O 00 to II to (V m V) 0 bb C � Y. M u °teato . 3 LL ° � a, Z U J = O O U 0o . y y N N V >_z U }00 01} CLLO z C d C) J 'Ln LLj Ln rnV) r t � 1& 580' (NTS) (MHW to Outer Platform) 236 (NTS) (Edge of Marsh to Outer Platform) 01 20' Platform PI r--10' Covered 014 10' Open w NI"TS = Not To Scale I = Marshlands e N L O a N V m J 00 00 >, U m, m kD s o m 0 C .jam Ern c o N O -� 00 •i l0 L ci m m M u = c "a O cc LL p bA v N 2 -S N' d U o Vr 0 +� Q) o. a 00 C N N � = U a'm z +� c CD @ o ooz z° m E rn— Ln 9 m !€l !i G FFEF i F6 4&& 566F6666 -a's'.-cros':'s� � = Emgmgmmggmmmgm mmmE £Emgm£Em mmm m mEFmmm iY T 1j tits aae: fa t eieeit6m6ig�g660 4 9999494 S6 {ill Nils i p O ® ins3 ss�O`/ I I 9 ,�,18 IM wi a 49'�. d ����� � sC3 n� m � �• II '�� �I nl s t$ ! t 4 L fQ1gA Z a E n� s B > Uns oaar HELMS PORT SUBDIVISION -PHASE 2 A PERFORMANCE RESIDENTIAL DEVELOPMENT MASONBOROI.00PROAD MASONBORO TOWNSHIP NEW HANOVER COUNTY, NC SEL PROPERTY ZrMTORS, LLC GREGORY ROAD, SUITE #1 BELVE.LE, NC 28451 HCI�i 7r�j,',i1D�A �a.olu �..... � 591101.m , D6, , Suite 201 WihRvlgmu,No'Cuolinv28103 (91y'ro1 707 0) (9 � 191- NC lia #: G2B16 WINO INFORMATBkI State of North Carolina I 5324 Holt Rd Mathias Hunoval 5330 Holt Rd (Non -Riparian) IState of North Carolina W 5324 Holt Rd Top Embankment Barbee Bottom EmbankmentI ♦ 5940 Nautical Isle Ct % W ,I, I Rob Allan 5936 Nautical Isle Ct'---- ----- Property Line d� W —---------- :— In Beningo P¢ • ' N Edge of MaL 5932 Nautical Isle Ct rsh °' � y y 1 rop me -- -_—_.---_- 1---- — �--- 4 ------ - Legend Property Lines —o—o— Riparian Boundaries ------ Other Boundaries ------------------- Boat Slips �0 Marsh Lands W A NLW 390' to USACE Channel —� (NTS) c Boat Lift �- t Fixed Pier 6'x740' A _ _ 20x20 Platform with1;t 30x20 Gazebo��oanNLW p_-- O— __ _ — _ o965'Waterbody RECEIVED JUN 2 7 2018 MP SECTION NIH® N N no � o a c-t U O J 00 N J N 00 S 7 U m `Z m c n L 0 M N 6 C to 01 � J O0 01 T N m 00 O lD � 4 u CU U U N > N � Oo c u 4�1 fO O — a O O 0 3 LL .. Z J O O O p U co a)N U > w Z C ? O cu 7 CLO QZ O to E a en J tL Ln N 580' (NTS) (MHW to Outer Platform) 236' (NTS) (Edge of Marsh to Outer Platform) Platform 14 10' Covered 10' Open----'� nkment - --- - NTS To of Pier+8 in n MHW + Boat Lift Stops 2' Above Mud L MLW it Mud Line -0.'. Li 1-i NTS = Not To Scale = Marshlands RECEIVED JUN 2 7 2018 MP SECTION MHD ne N N to O M O_ N U M O J C � 00 N J N �' U M z ry Rcrn C M V) y0 fa N OD ' o o r- _..1 0 >, N co O W aI 4 LD LD c-i M d Q) {J Ln v •� o U-UJ O V) O L n U O cn 0 0) Y U O V N C4 C � = U Q v Z .2 C O 0O to o Z cr m rn t 0 Barbee 5940 Nautical Isle Ct Rob Allan 5936 Nautical Isle Ct Beningo 5932 Nautical Isle Ct State of North Carolina Mathlas Hunoval J/ 5324 Holt Rd 5330 Holt Rd f (Non -Riparian) I. State of North Carolina 5324 Holt Rd -V�o Toop Embankment t�! I IIW %� r e W --------�--_— y --_J� _ `� y y— 4-------------------- ----- -- — o` Edge of Marsh Legend Property Lines ---o ---0— Riparian Boundaries ------ Other Boundaries ------------------- Boat Slips0"� Marsh Lands W NLW ----- 23_-- -- - - Boat Lift �-- Fixed Pier 6'x --— — — — NLW 20x20 Platform with 10x20 Gazebo 965' RECEIVED JUN 2 7 2618 MP SECTION MHD to USACE Channel—_i (NTS) G N N Bo ro O a r-1 U O) O qt J = 0J J r`1 C U m fa C z ri to O M C to On 00 c m C T N co 00 p l0 a-i kD N 0J U N > N � m c � U M O — a �ruo 3 LL 01 z J iY Q1 OV O Q U 00 � O N tA U N z C +uU O � ra U0 O- Z C O E J0) W Ln N • 580' (NTS) (MHW to Outer Platform) 236' (NTS) (Edge of Marsh to Outer Platform) 20' Platform —10' Covered—►lo 10' Open-----►i nn_ o•t�i nkment 10 a NTS Too of Pier+8 ti cviT� MHW + Boat Lift Stops 2' Above Mud Li �e _�; _. MLW iv Mud Line -0.! NITS = Not To Scale y = Marshlands RECEIVED JUN 2 7 2018 ne MP SECTION MHD N N to O !a o_ N U M J CU m .c U z .M-i 2 M tD c t O M LA Y , o co 0 J 0 m N O] O W e-1 c-1 1 11 N to \ -0 M a) W U V7 N [a Y O t N UQj )".& O a u 0 O v) 0 O v 03 ao C N to = U a � z +� c o O Z ocn CC m E m L i State of North Carolina Mathias Hunoval v 5324 Holt Rd 5330 Holt Rd (Non -Riparian) -I State of North Carolina W 5324 Holt Rd - Top Embankment Barbee Bottom Embankment W W 5940 Nautical Isle Ct 'e W Rob Allan 5936 Nautical Isle Ct4— I--1--_—_____ --'---�f----_—_--- —T-- W - -- ----- —_ Property Line „�-- — r� -- Beningo CaP W W I W Edge of Marsh 5932 Nautical Isle Ct RECEIVED JUN 2 7 2018 MP SECTION MHD Legend Property LinesRiparian Boundaries Boundaries ------ Other Boundaries ------------------- Boat Slips Marsh Lands W - _ — _ — _ 39o' to USACE Channel —� _--- 23W-Qn (NTS) ----__ - -- ' 9 Boat Lift —�*== t — —` Fixed Pier 6'x740' — — — 20x20 Platform with 10x20 Gazebo NLW 965, n0 v c 0 O an 0 0 -0 G N to 0 � o a U m O J C Cu J N c Urn Z fO c uo N o m C O m 0) J 0 c T C T N co W UD rq a 1 UD "Q N U In > � to c c u f° O — a to O 3 " a v Z U J O N O V 0 U co N N N U C Cu tw M C C aZ. o UD E O1 J11 _j W 1 N • 580' (NTS) (MHW to Outer Platform) 236' (NTS) (Edge of Marsh to Outer Platform) 20' Platform 01 r —10' Covered ►to 10' Open - -►i ed_ W. Qn. nkment qq i i NTS 6 k I . f Top ofPier +8 a MHW + Boat Lift Stops 2' Above Mud L MLW ( _ Li N Mud Line -0.! NTS = Not To Scale y = Marshlands .5 4' me RECEIVED JUN 2 7 2018 MP SECTION MHD N tw Q d N U m O J 00 00 c U M M Z e cs 0rn N o CA o c J 0 N co O W r-I � N LO M w ui '> � U N = C, O 'v O a� - � 1 o `� m fl'c`n o d a o in m U O W d c N co = U Q Z N O O M O Z c fD E Cn Ln I, ,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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community, [I This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No c. (i) Dock(s) and/or pier(s) Fixed Floating d. (i) Are Finger Piers included? []Yes ®No III) Number 1 1 If yes: (III) Length 740 32 (111 Number (iv) Width 6 f (iii) Length (v) Floating ❑Yes []No (iv) Width _ (v) Floating ❑Yes ❑No e. (I) Are Platlorms included? [NYes [:]No I. (i) Are Boatlifts included? ®Yes []No If yes: If yes: (III Number 1 (III Number 1 (III) Length 20 ve"N (iii) Length 13 (iv) Floating 20 idtn 13 (v) Floating ❑Yes �NoNote: Roofed areas are calculated trom dripline dimension g. (1) Number of slips proposed In. Check all the types of services to be provided. 2 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage (wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: El Other, please describe: NA i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: 25' m. (i) Will the facility have tie pilings? ❑Yes l9lNo (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). RECENED Pleasure Craft/run about MAY 2 3 2018 DCM-MHD CITY I. (1) Will the facility be open to the general public? ❑Yes ®No RECEIVED DCM WILMINGTON, NC 0 7�11; 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 11127%0 , Moo Forrp DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: In. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Disch e' igns p f i) Give the location and number of -Pumpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? RECEIVED I. If this project is an expansion of an existing marina, what types of services are currently provided? MAY 9379018 RECEIVED MDVILIVIINU I CYN, NC DCM-MHD CITY MAY 10 M18 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagem ent. net revised: 12/27106 FOrM DCM MP-4 (Structures, Page 3 of 4) in. Is the marna/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the madna/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes IxJNo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 22 760 ❑SAV ❑SB [NWL 190 []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes MNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (if) Number (iii) Length (iv) Width Note: Roofed areas are calculated from driplins dimensio . 4. GROIN (e.g., wood, sheeipife, etc. If a rock groin, use MP- , x lion d Fill.) ®This section not applicable a. (i) Number (if) Length (Ili) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) El This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. is the structure(s): []Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED MAY 2 3 2018 RECEIVED DCM WILMINGTON, NC MAY 1 0 2011= DCM-MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www•. : jernent.net : _ wised: 12/27106 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 15' Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 965' e. (i) Will navigational aids be required as a result of the project? ❑Yes RJNo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 30' d. Water depth at waterward end of structure at NLW or NWL 2' & OTHER ®This section not applicable a. Give complete description: Sly �tg Date 5-13to ►.Sa�nc� �SLC Project Name Applicant Name Applicant Signature 252.808-2808 :: b888-4RCOAST :: www,nccoastalmanagement.net VISCOVED 00 2 g Zoe% DCM-MHD C1'fY RECEIVED DCM WILMINGTON, NC MAY 10 2013 revised: 12/27106 State of North Carolina Mathias Hunoval y 5324 Holt Rd 15330 Holt Rd (Non -Riparian) y State of North Carolina 5324 Holt Rd Top Embankment y y Barbee Bottom Embankment y y y 5940 Nautical Isle Ct y y y I Rob Allan y ------ —y ____ y 5936 Nautical Isle Ct F-_ _ — _ _ -----_---_-_- - — - - y----_--__---.-_ Legend Property Lines o 0 Riparian Boundaries ------ Other Boundaries ------------------- Boat Slips 0 Marsh Lands y 0 -2 NLW NLW 7x32 Floating Dock 390'to USACE Channel - - — - - - - 23&-0" _ (NTS) Z y-----_-_- - 3 a `II' O Property ine y`-� —_----------"�'�-------� Boat Lift _O M Beningo �o y Z-----y-------= --__ -- 5932 Nautical Isle Ct c y Edge of Marsh Fixed Pier 6'x740' y y y y 20x20 Platform with y y y 10x20 Gazebo 0 - -- -y-NLW 3 0--------_ _ v - — - — - v ------------- :° o H � Waterbody MAY 2 3 2018 DCM-MHD CITY RECEIVED MAY 14 2018 0CM WILMINGTON, NC N O a � U O O 00 rb m c > U rn Z m t^D C t 00 rn o In no ' O C O O > N co 3 - 00 I I 5 *' to to W C U a_T+ f0 0 - o- M O LL a Z U J O O ~O U W H a) N U > ti Z c U C T J O i M CL c o UD E d o) J Ln W tll N ri NITS = Not To Scale y = Marshlands 580' (NTS) (MHW to Outer Platform) 236' (NTS) (Edge of Marsh to Outer Platform) i 10' Covered 20' Platform 10' Open -- b mHI - pCM-MHp CITY RECEIVED DCM WILMINGTON, NC MAY 10 2018 h; N O ro d N 0 J 0 C t ° M V' �0 00 —C 11 J ^ C �. N — co O W I I \ r M Q1 a+ ra 0 9 U N a-+ = C -O v .2 ro �+ LL U O 0- 0 to O v L Y � O Cn 0 rn V O N CO C � N � = U a � z i +$ C 0 @ O z Co C Or M E rn — Ln •