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HomeMy WebLinkAbout76-18 Bayley, StuartPermit Class NEW Permit Number 76-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission C r M t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Stuart E. Bayley, 311 Florida Ave., Carolina Beach, NC 28428 Authorizing development in New Hanover County at adj. to Myrtle Grove Sound. at 311 Florida Ave. Carolina Beach as requested in the permittee's application dated 5/8/18, including attached workplan drawings (3), all dated 5/8/18. This permit, issued on July 24, 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 Expansion 1) This permit authorizes only the docks, piers, stairs and landing, 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 reconstructed and expanded docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No portion of the docking facility shall exceed a maximum of 128 feet waterward from the waterward edge of the proposed bulkhead, to comply with the established Town of Carolina Beach pier head line. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. txtoniC.Tavis, Director of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee uart K. Bayley ADDITIONAL CONDITIONS Permit No. 76-18 Page 2 of 4 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. No portion of the permitted access stairs and landing within 30R of normal high water shall exceed 6 feet in width. 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 two additional formalized boat slips for a maximum of 6 formalized boat slips. The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. The roof of the covered platform shall not be designed for second story use. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 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. Shoreline Stabilization - Bulkhead The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. The bulkhead shall be constructed prior to any backfilling activities. The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. Stuart E. Bayley ADDITIONAL CONDITIONS Permit No. 76-18 Page 3 of 4 16) The fill material shall be clean and free of any pollutants except in trace quantities. 17) All backfill material shall be obtained from a high ground source and confined behind the peinutted bulkhead. 18) All fill material to be placed below normal high water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 19) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. USACOE Conditions 20) 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_gWdelines.pdf. General 21) 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. 22) . _ Thepemritteeshall 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. 23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of General Permit 197800056 and Nationwide Permit 3 (Action ID SAW-2018-01058) issued 7/9/18. NOTE: 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. 2018-0718. Stuart E. Bagley ADDITIONAL CONDITIONS Permit No. 76-18 Page 2 of 4 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee. is fiuther advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. I Coastal Management ENVIRONMENTAL QUALITY July 24, 2018 Stuart E. Bayley 311 Florida Ave. Carolina Beach, NC 28428 Dear Mr. Bayley: 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. [�jr�cerely, Q7-�J Do glas V. Huggege Major Permits Manager N.C. Division of Coastal Management Enclosure State of North Carohna I Environmental Quaitty l Coastal Management Morehead C8y Office 1 400 Commerce Avenue I Morehead Qty, NC 28557 252 808 2808 DCM Coordinator: B—_� a Permit #: 76 18 MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington / Wilmington 5tk r 5L,?510r GArrfv,,�' srair US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bettie, 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) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley / Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: Shane Staples Curt Weychert ' NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton i DEMLR/DWR: Karen Higgins Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, 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 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: LPO: Fax Distribution: Maria Dunn (WARO) (NCDOT) Travis Wilson Permittee #: Agent# DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Stuart Bayley COUNTY: New Hanover PROJECT NAME: Bayley BH & Docking Facility RECEIVE p LOCATION OF PROJECT: 311 Florida Avenue, adjacent to the CB Yacht Basin in Carolina Beach, New Hanover County MAY 2 3 2018 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-10-18 I)CM-Mhi FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a D C(TM CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Courtney Spears DISTRICT MANAGER REVIEW: �) A .-Z B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 5-23-18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: 4I DD ,/ C) 75 DAY DEADLINE: 7( MAIL OUT DATE: 5-18-18 FEDERAL DUE DATE: To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 #1182 END OF NOTICE DATE: 6-13-18 DEED RECD: ON: S ZJf 150 DAY DEADLINE: STATE DUE DATE: 6-13-18 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO Division of Community Assistance S $ F Division of Coastal Management-LUP Consistency I1 L Public Water Section (DWR) Land Quality Section (DEMLR) S� Division of Water Resources - 401 Section 4 }` Zoe$ -07( $ Stone Water Management (DEMLR) s(Zt(S State Property Office !e Division of Archives & History Division of Marine Fisheries - Shellfish Section (0 IS x Division of Highways (NCDOT) `0 q �g X Wildlife Resources Commission li S Local Permit Officer Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM Corps of Engineers - Regulatory Branch %(Q ((� Aq 3 + 6P 5Ta RECOMMENDATIONS FOR Stuart Bayley 5/11/18 The total area of platform was calculated as follows: Shoreline length =151' x 8 ft' = 1,208 ft' Proposed platform = 16' x 35' = 464 ft' (6' not calculated for access) Proposed floating concrete dock =10, x 10, =100 ft' Proposed floating dock (main spine of "U") = 6' x 24' =144 ft' (not calculated in total for access) Proposed floating docks (finger piers) = 2 (6' x 2(Y) = 240 ft' Total = 804 ft' It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the eight - square foot rule and the quarter width rule. No encroachment into either 15' adjacent riparian corridor setback requirement is proposed. The proposed facility appears to meet the Town of Carolina Beach's Pierhead line and would not exceed the federal setback from the AIWW. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the standard conditions for private docking facilities. It is the staffs recommendation that the construction of the new bulkhead 2' waterward of the existing bulkhead, resulting in the fill of 180 ft' of Coastal Wetlands, is potentially CONSISTENT with the Rules of 15 NCAC 7H.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures. Replacement of the wall in the same footprint or immediately landward may cause structural issues given the proximity to the existing house and the condition of the current wall. While filling of Coastal Wetlands should be avoided, it appears in this case there may be a need to do so to avoid a catastrophic failure or to avoid potentially compromising the structural integrity of the existing single-family home. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued, provided that the proposed bulkhead steps out in front of the existing bulkhead only what is necessary for the construction of a new bulkhead and associated tie back system. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for bulkheads. ReCENE0 40 t 5 J0%% CM-MH0 G,'f `r A Coastal Management ENVIRONMENTAL QUALITY May 18, 2018 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER croverrlar 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. coatscD-ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA/Dredge & Fill Application Review Applicant: Stuart Bayley Project Location: 311 Florida Ave., adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to replace a bulkhead and 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, 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 ' Ayt< �� DATED S ' Z 2- ' p RECEIVED RECEIVED MAY 3 0 2018 MAY 2 2 2018 State of North Caroline I Fnvironmeu 127 Cardinal aiYe Ela.. DCM WILMINGTON, NC 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN secretory BRAXTON DAVIS Director !N May 18, 2018 L cc �n V4 TO: Heidi Cox Divisi°Mgy 18 2018 Regional Engineering Supervisor 1V146 no1Wat Public Water Supply-WiRO AUbGcWa '0 orc s FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA /Dredge & Fill Application Review Applicant: Stuart Bayley Project Location: 311 Florida Ave., adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to replace a bulkhead and 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, 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 ECEIVED DATED � b3h MAY 3 0 2018 t)t AA-MHD CITY REC`. VED DCM WILMINGTON, NC MAY 2 4 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat, Wilmington, NC 29405 910-796-7215 QoastaiManagemenr ENVIRONMENTAL QUALITY JUN 1 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary .BRAXTON DAVIS Director NIP SECTION MHD �jcj � May 18, 2018 RAY 1117�1 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 28405 heathercoatsanncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA,1 Dredge &.Fill Application Review Applicant: Stuart'Bayley Project Location: 311 Florida Ave., adjacent to the CB Yacht Basin, in Carolina Beach; New Hanover County Proposed Project: to replace a bulkhead and construct anew private docking facility Please indicate below your agency's position or viewpoint on the proposedproject 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 (910j 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 /fIAU %/i3 RECEIVED MAY 2,9xoia Slate, of North Carolina i Environmental Quality i Coastal Management. 127 Cardinal Drive Ext., Wihnington, NC 28405 DCM WILMINGTON, NC 910-796.7215 0" Coastal Management ENVIRONMENTAL QUALITY May 18, 2018 TO: Tim Walton Dept of Administration State Property Office RECEIVED MAY 22 2018 DOA 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().ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA /Dredge & Fill Application Review Applicant: Stuart Bayley Project Location: 311 Florida Ave., adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to replace a bulkhead and 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, 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. 1 REPLY: This agency has no objection to the project as proposed. 'Additional comments may be attached** tk(P5��lj��\ This agency has no comment on the proposed project. C;�SThis agency approves of the project only if the recommended changes Jl4 .e n%I are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. E JUN 13 2018 DATED !RECEIVED MAY 2 9 Z018 State ofNonh Carolina[ Environmental Quality l Coastal Management DCM-MHD CITY 127 Cardinal Drive 0Ex[9 WZmington, NC 28405 DCM WILMINGTON, NC May 18;, 2018 TO: FROM. SUBJECT: Applicant: RECEIVED JUN 1 2018 MP SECTION MHD Curt Weychert Fisheries Resource Specialist MHC-DCM R'OY COOPER doemor MI'CHAEL S. REGAN Secretary BRAXTON DA.UIS Director. 11�_eceh E ) MAY 2 3 2018, "CAI-MHD CITY Heather;Coats, Assistant Major Permits'' Coordinator NCDEQ - Division.of Coastal Management 127 Cardinal Drive Ext, WVilm.,,,NC=28405'heathercoats cDncdenr.gov Fax: 395'-3964 (Courier'04-16-33) CAMA i Dredge .A Fill Application Review �Sfuai le��}r,, Project Location: 311Florida Ave., adjacent to the CB Yacht Basin, in Carolina: Beach; New Hanover County Proposed Project: to replace a bulkhead and 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 Vdit: 3 :2018:ou 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. v "Additional comments may -be attached" �r This :agency has, no. comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated.,$eeattached. This agency objects`tp,the project for reasons described in the,attached comments. [ 22� SIGNED DATED 5 ,5hI 48 RECEIVED' MAY `2 3 2018 State of North Carolina I Environmental. Quality l Comm] Management 0CM-MHD CITY 127 Cardinal Drive Eat., Wilmington, NC 28405' 910-796:7215 Atb Coastal Management ENVIRONMENTAL QUALITY May 18, 2018 kilo] Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Governor MICHAEL S. REGAN secretory BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(Dncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA /Dredge & Fill Application Review Applicant: Stuart Bayley Project Location: 311 Florida Ave., adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to replace a bulkhead and 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, 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" IThis 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. e SIGNDATED , 1 U S� °'�t vt p l RECEIVED JUN 012018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 DCM WILMINGTON, NC 910-796-7215 Coastal Management ENVIRONMENTAL OUALITY May 18, 2018 �A r�•o5 27.L Maria Dunn NC Wildlife Resources Commission' For WiRO ROY COOPER Cornemor MICHAEL'S. REGAN Secretary BRAXTON DAVIS Director FROM Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 CardinallDrive EA, Wilm., NC 28405.heather. coatsgncdenrgoV Fax: 395-3964 (Courier 04-16-33) SUBJECT: CANIA/Dredge &,Fill Application Review Applicant: Stuart Bayfey Project Location: 311 FloridalAve., adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to replace a bulkhead and construct a new private docking facility Please indicate below your agency's position,or Viewpoint on the proposed project and return this fonn 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` —� DATED fir= 13•-2Dl I State afNoM Carolina I Environmental Quality I Coastal Management. i27 Cardinal Drive'Ext., Wilmington, NC 28405 910-796-7215 RECEIVED JUN 1 3 2018 MP SECTION MHD Bodnar, Gregg From: Hair, Sarah E CN 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: 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 �Ry; �c!wov-t Coasta/Management ENVIAONMEWALOUAUW May 18„2018 TO: FROM; `SUBJECT: Applicant: Received: 06/04/2018, ROY COOPER' State Historic Preservation Office MICHAEL'S.. REGAN Sm N't Renee Gledhill -Early Dept. of CujturafResources- Archives & History. BRAXTON'DAVIS YhrcuV, ER 18-1224 Due -- 6/12/18 AD�u�/cnP Heather Coatsi.Assistant Major' Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinamrive Bt., WiIm.,.NC 28405 heather.coatsa(Dncdenr:aov Fax: 395-3964 (Codder,04=16=33) CAMA / Dredge.& Fill Application, Review Stuart Bayley Project Location: 311 Florida Ave:, adjacent to the CB`Yacht Basin; in Carolina Beach, New Hanover County Proposed Project. to. replace a bulkhead and construct anew private docking facility Please indicate'beloW your agency's position orviewpoint.on.the;proposed project and return this form to Heather Coats iit the address above by June:13, 2D18: If you have;'any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 When appropriate in-depth 'comnients'With supporting, data is requested. REP.LYr This agency has no.objection to lhaproject as.pfoposed. \ / "Additional comments.may.be;attached" This agency has nacomment 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 RECEIVED JUN 1 8 2018 MP SECTION MHD Slam ul' NuNi C.4.0aEmiimlmcctm Qmlily I Cba.W Manage 127 Cordial Umc En. WihninWm NC 2845 JUN U 6 2010 910a90.7M e' Coastal Management ENVIRONMENTAL QUALITY May 18, 2018 TO: David Harris NC DOT Roadside Environmental Unit ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS RECEIVED DmOor MAY 31 1(Iii NC DOT DISTRICT 3 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA /Dredge & Fill Application Review Applicant: Stuart Bayley Project Location: 311 Florida Ave., adjacent to the CB Yacht Basin, in Carolina Beach, New Hanover County Proposed Project: to replace a bulkhead and 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** 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 N11olliv v-� RECEIVED DCM WILMINGTON, NC JUN 0 6 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DocuSign Envelope ID: B05454F5-5A58-401 F-8064-9DC109CEF29B Water Resources « Enviromnettal Quality July 6, 2018 Mr. Stuart Bayley 311 Florida Avenue Carolina Beach, NC 28428 Subject Property: 311 Florida Avenue — Carolina Beach ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Interim Director New Hanover County DWR Project: 2018-0718 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Bayley, You have our approval, in accordance with the attached conditions and those listed below, to impact approximately 0.004 acres (180 square feet) of 404 wetlands to construct a new bulkhead as described in your application received by the N.C. Division of Water Resources (DWR) on May 23, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: htti):Hoortal.ncdcnr.org/wcb/wq/swp/ws/401/certsandpertnits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). . — "Nothing Compares!,-, State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 'DocuSigd Envelope ID: B05454F5-5A58A01F-8084-9DC109CEF29B 311 Florida Avenue - Bayley New Hanover County 2018-0718 Page 2 of 4 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 021-1.0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213 .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] DocuSigrl Envelope ID: B05454F5-5A58401 F-8064-913C109CEF29B 311 Florida Avenue - Bayley New Hanover County 201&0718 Page 3 of 4 All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [ 15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://i)ortal.ncdenr.org/web/wq/swp/ws/401/certsandnerrnits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). D=Sign Envelope ID: B05454F5-5A58401 F-8064-913C109CEF29B 311 Florida Avenue - Bayley New Hanover County 201M718 Page 4 of 4 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.CobumRncdcnr.¢ov. Sincerely, EDocusigoee by: E3A9A16ADYDCd3d... Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Liz Hair - USACE Wilmington Regulatory Field Office (via email) Courtney Spears — DCM Wilmington (via email) WiRO/LF MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Stuart Bayley, Carolina Beach Date: July 9, 2018 'This project appears to be consistent with the Town of Carolina Beach Land 'Use Plan: The applicant proposes to construct a new bulkhead waterward of an existing bulkhead and expand a private docking facility. The property is located at 311 Florida Avenue in Carolina Beach. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, CW, PTS, ES, and PT. The Waters at the project site are classified as SB# and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Carolina Beach Land Use Plan and offer the following comments. The AECs impacted by the work are classified as Developed and Conservation. In general, the Town of Carolina Beach allows development in Developed and Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Carolina Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Carolina Beach Land Use Plan. Cc: File FLECE14VED JUL 9 MIRSECTION'MR6 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-01058 County: New Hnnover U.S.G.S. Quad: NC -Carolina Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Stuart Baviey Address: 311 Florida Avenue Carolina Beach, NC 28428 Telephone Number: (910) 367-1740 E-mail: sbavlevOlAzinsil.com RECEIVED JUL 1 0 2018 Size (acres) 0.64 1 Nearest Town Carolina Beach Nearest Waterway Carolina Beach Yacht Basin River Basin OnslowBav MP SECTION MHD USGSHUC 03020305 Coordinates Latitude:34.0574 Longitude:-77.8887 Location description: The project area is located at 311 Florida Avenue in Carolina Beach, New Hanover County, North Carolina. Description of projects area and activity: This verification authorizes the replacement of a bulkhead and the construction of a private docking facility. Please see the attached plans. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 3 and General Permit 56 SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application received in our office on 5/22/2018, and the enclosed plans 311 Florida Avenue: Page 3 of 5 dated M018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revolted. Ify prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. if the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions ofthe nationwide permit, activities which have commenced (i.e., are under contraction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Craps of Engineers regulatory program, please contact Ms. Liz Hair at (910) 251-04049 or sarah.e.hah-Ausace.armv.mil. Corps Regulatory Official: 4f Yrdz�- Date: 7/W2618 Expiration Date of Verification: 3 /2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Electronic Copies Furnished: NCDEQ/DCM: Ms. Courtney Spears NCDEQ/DWR: Mr. Chad Coburn =193 � JUL 1 0 2018 MP SECTION MHD SPECIAL CONDITIONS Action ID: SAW-2018-01058 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/ne-es/Mammal/manatee_guidelines.pdf. JUL 1 0 2018 MP SECTION MHD RECEIVED DIVISION OF COASTAL MANAGEMENT nab 2 3 2018 FIELD INVESTIGATION REPORT c)CM_MHD CITY 1. APPLICANT'S NAME: Stuart Bayley 2. LOCATION OF PROJECT SITE: 311 Florida Avenue, located on Pleasure Island, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in Carolina Beach, New Hanover Co. Photo Index- 2006: 21-7378, Q2 Latitude: 34°03'26.95"N Longitude: 77053'19.49"W 3. INVESTIGATION TYPE: CAMA/D&F 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 —Town of Carolina Beach Land Classification From LUP- Developed (highground), Conservation (open water) (B) AEC(s) Involved: EW/PT/CW/ES/PTS Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal sewer (F) Type of Structures: Existing — SFH, bulkhead, boat ramp, docking facility Planned — new bulkhead and expanded docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (coastal wetlands) 180 ftZ (B) Non -Vegetated Wetlands (Open water) 384 ft2 (Add. Inc.) (C) Other- High ground disturbance 1,560 ftZ (D) Total Area Disturbed: 2,204 ftz (0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No S. PROJECT SUMMARY: The applicant proposes to construct a new bulkhead waterward of an existing bulkhead and expand a private docking facility. RECEIVED Stuart Bayley Page 2 a MAY 2 3 2018 DCM-MHD CITY The project is located at 311 Florida Avenue, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in the Town of Carolina Beach, New Hanover Co. To locate the project site from the Wilmington Regional Office (WiRO), travel from Wilmington to Carolina Beach south on College Road (NC Hwy 132) to Carolina Beach Road for approximately 12 miles south. Continue over Snows Cut Bridge on N. Lake Park Blvd. for approximately 1.2 miles south until you reach Carl Winner Drive. Turn left onto Carl Winner Drive until you reach Canal Drive. Turn left on Canal Drive and continue north approximately 1.3 miles until you reach Florida Avenue, which will be located on the left. Continue traveling on Florida Avenue until you reach the project site on the left. The applicant currently maintains the approximately 0.64-acre tract, which is developed with a single family home with elevations of approximately 3' above normal high water (NHW). Upland vegetation consists of lawn grass and landscaped ornamental plants. The project site is also bordered by residential properties to the south and public water access to the north owned by the Town of Carolina Beach. A dilapidated bulkhead exists along the approximately 130' of shoreline along the Carolina Beach Yacht Basin, and there is an existing concrete boat ramp at the northwesternmost corner of the property. Along the northern property line running parallel to the boat ramp is a wooden groin measuring approximately 30' in length. Waterward of the existing bulkhead are Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina alterniflora) ranging in width from approximately 10' to approximately 37'. Waterward of the bulkhead is an existing docking facility extending in a westerly direction. The docking facility consists of a 6' by 69' fixed pier terminating in a partially covered "T- head" platform measuring approximately 16' by 35'. South of the platform is a 10' by 10' concrete floating dock. North of the platform is an existing 13' by 13' boat lift. On the waterward side (west) of the platform is a small section of fixed pier measuring approximately 6' by 15' and extending in the same general orientation and path as the fixed pier. The existing bulkhead, groin, and boat ramp were authorized via State Permit No. 31-93 issued to the property owner Daniel Norris on 1/19/1993. Mr. Stuart Bayley currently holds an option to purchase on the property (see enclosed). State Permit No. 31-93 also authorized rip rap north of the current ramp and groin, but that material has been removed. No other permits could be located for the property, however, it appears through review of aerial photography that a docking facility existed at this facility prior to 1993. The Town of Carolina Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of the Carolina Beach Yacht Basin are classified SB# by the Division of Water Resources. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. The applicant proposes to construct a new bulkhead waterward of an existing bulkhead and expand a private docking facility. The applicant proposes a new bulkhead waterward of the existing failing brick and concrete block bulkhead. The new alignment would follow the existing wall and would fill approximately 180 ft2 of Coastal Wetlands. The application states this alignment is necessary due to the proximity of the wall to the house. The new wall would be constructed of vinyl and measure approximately 130' in length. A 6' by 15' set of stairs would extend from the existing second story deck of the house in a westerly direction onto a proposed landing measuring 6' by 12' connecting to the existing fixed pier. The applicant proposes to re -construct the existing docking facility in the same footprint which would consist of a 6' by 69' fixed pier which would terminate in a partially covered "T-head" platform measuring approximately 16' by 35'. South of the platform would be a 10' by SO' concrete floating dock. North of the platform would be a 13' by 13' boat lift. On the waterward side (west) of the platform would be a small section of fixed pier measuring approximately 6' by 15'. Stuart Bayley Page 3 10. From the terminus of the small section of fixed pier west of the covered platform would be an aluminum ramp leading to a "U-shaped" floating dock. The main spine of the "U" would be oriented perpendicular to the shoreline and measure approximately 6' by 24'. There would be two finger piers one on each end of the southern edge of the main spine. Each finger would measure approximately 6' by 20'. The application states that the docking facility would accommodate up to six (6) vessels within water depths ranging from approximately -3' to -5' @ NLW. The proposed bulkhead would fill approximately 180 ft2 of Coastal Wetlands and disturb approximately 1,560 ft2 of high ground area. The proposed docking facility would incorporate and additional 384 ft2 of Estuarine Waters and Public Trust Areas. As proposed in the application, the proposed docking structures would accommodate up to six (6) vessels within water depths ranging from approximately -3' to -5' @ NLW. The structures appear to not exceed the Town of Carolina Beach historical pier head line nor the setback from the USACE AIWW. The facility extends approximately 125' into a waterbody measuring approximately 530' in width, which would conform to the % width rule. The proposed structures would not encroach into either adjacent 15' riparian corridor setback. Minor turbidity should be expected during construction. Submitted by: Courtney Spears Date: 5/11/18 Office: Wilmington R'CENEo 00 2 % J�N% DOM MHp CON Den W1 APPLICATION for Major Development Per (last revised 12/27106) 1101111, 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name 7V MI G last Name SAYL� Applicant 2: First Name MI last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address l) F v i � PO Box City CA�v4ti State C ZIP 2 2-9 Country ,01/,-tv1-1,4o v ex Phone No. 910 - 367 17g0 ext. FAX No. Street Address (tf different from above) City State ZIP Email Sl�A�L01 6r nt/Contractor Information Business Name iVA Agent/ Contractor 1: First Name MI last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - ext. FAX No. Contractor If Street Address (f different from above) City State ZIP Snail o �. `SC RECEIVED <Form continues on back> spy � Oom WILMINGION, MC 252-808-2808 :. 1.888-4RCOAST :. www. nccoasta lmanagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 4' M1 3. Project Location County (can be multiple) Street Address State Rd. a ID Subdivision Name City State Zip u tA1A CN _e - L8�Y2 Phone No. Lot No. (a) (d many, attach additional page with list) w - 7- 7 0 ext. .5 A , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project CNIE -- C N c. Is�th water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. [(3Natural []Manmade ❑Unknown Uny e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Wes []No work falls within. `Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) - 1► r d c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or ,,,•s,o AI/i NWL(normal water level) / many Of sizes, please attach additional page with a list) 3 NHW or ❑NW L e. Vegetation on tract SAW JRAS,S f. Man-made features and uses now on tract HJvSL`JAK7irew-ayI D&CW4a0-0 HA44%, OOd,C AfvUtdt evt"K wrreW 13uhT LIFT, am- 'aGN g.. Identify and describe the existing land uses adiacent to the proposed project site. It(tsrUtl1ilAL rt0/mL (,V,1N DOOkAA-DV4-eKdieXi✓AfYl( ZAh,D 0wewt—a 13y eAdf/Lr.v l /36 -,V �kALANrjvA/ -V u/L�D� It. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) t ❑Yes []No❑NA J` j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes [alto k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes 26o ❑NA `AP� If yes, by whom? , I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes GWo ❑NA Q National Register listed or eligible property? Ktutivtu DCM WILMINGTON. NC <Form continues on next page> 252.808.2808 .. 1.888-4RCOAST .. www. nc coastal management. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit 4- 4 m. (i) Are there wetlands on the site? E,�K.es []NoQ (if) Are there coastal wetlands on the site? 1es []No (III) It yes to either (i) or (ii) above, has a delineation been conducted? []Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. -IV (vim .5 a�g ate. o. Describe existing drinking water supply source. Crry LVAIrK p. Describe existing stone water management or treatment systems. 5. Activitias and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government rivatetcommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. 5IV-tz ovif /3uA-fs Fart vSE FtS/7 uFiDOdit AArDDez+,eS 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. S-nctr#(,/Lr 00keA-vP0RCA:5 u.,'r-f-f txewrz-v wavo 4o-&,►A1i2z-v 13#1is irex& -5 A,VOANArts. $Mtc� I'A-myORfvCrv/kyv,v*,k JAeS7711LOV, d. List all development activities you propose. RePLAea- FArLfVIi6 a-eIle wu IA�57J9LLS77)iKSFOZU HaUSt; T VA-, 'rA-5rAtL.FG°AT1*ANIli— DQC«wTWOFrvb-E7tDodk-5 paLCi X'2`r'U goL/cF(0rA D o ✓'ra a Tv .44 w G a K A' Ovm 'ta (✓ x c� 4A o T!G �jaCeS e. Are the proposed activities maintenance of an existing project, new work, or both? f. Wpat is the approximate total disfIurbed land area resulting from the proposed project? / Sq.Ft or ❑Acres �2f L) �S�G g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®fGd ❑NA that the public has established use of? 1*9 h. Describe location and type of existing and proposed discharges to waters of the state. SIG Q ,Nit MPS 1 % V I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ffito ❑NA GMT 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 o []NA If yes, attach a mitigation proposal. a GO RECEIVED <Form continues on back> DCM WILMINGTON, NC AY 0 9 2018 252-808.2808 .. 1.888-4 RC0AST .. www. ncccasta lmanagement. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following Rams below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 e H I A KI * TD Phone No. Q 10 2, L,1 6 N g 0 ;Address 3hi, FL i. (OA A✓i t'Ago' /.vA 13�"�M11/'I-/ ^✓ 1 24ZN2Si' Name Phone No. Address Name j-pWN bG C!�?(.'dLrN>k1 )jL�CN Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. h. Signed consultant or agent authorization form, ff applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. It the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land 41 I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. �O Date S r R. I R Print Name 5771A Z r- Please indicate application attachments pertaining to your proposed project. []DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development []DCM MP-4 Structures Information R ` T%\'1 MPS `� 1" rJO OEM M RECEIVED DCM WILMINGTON. NC i=i :1 0 1.,I. it 252-808-2808 :0 1.888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NW L) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION - - - --- — This section not applicable ` a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (I) Does the area to be excavated include coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV []SB ❑WL []None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL AThis section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? []Yes []No []NA []Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (II) If yes, where? O J� e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water'? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes ❑No ❑NA or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB (it) If yes, how much water area is affected? ` - OWL ❑None III) Describe the purpose of disposal in these areas: o RECEIVED RECEIVED DCM WILMINGTON, NC MAy 092018 DCM WILMINGTON, NC 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagementnet revised: 12126106 Form DCM MF-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE -STABILIZATION (if development is a wood groin, use MP-4 - Structures) ❑This section not applicable a. T e of shoreline stabilization: b. Length: = Bulkhead ❑Riprap ❑Breakwater/Sill []Other: _ Width: Z c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL 2' 2-( z e. Type of stabilization material: I. (i) Has there been shoreline erosion during preceding 12 months? Oyes [ o []NA (if) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. Bulkhead backfill9kidd, Riprap Breakwater/Sill Other _ i. Source of fill material. !f 5ffA5rin.5; y7T0TV k-0XC5 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ❑No []NA If yes, (ii) Amount of material to be placed in the water _ (III) Dimensions of fill area (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? ij(% ��NLrIS c. (i) Will navigational aids be required as a result of the project? []Yes Mo ❑NA (11) If yes, explain what type and how they will be implemented. h. Type of fill material. eG"A,-CriC 4)1d7- This section not applicable x' b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SS OWL ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline backhoe, or hydraulic dredge)? /at/A-I �'Lre}y/}TDJ� d. (1) Will wetlands be ceased in transporting equipment to project site? []Yes pNo []NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Applicant I j D -Applicant: Project Name ' 1 T ft/JG/ i-rn q �w `DECEIVED MY` MAY 0 9 Z018 252-808-2808 :: 1-88B-4RCOAST :: www.nccoastalmanaaement.net DCM WILMINGTON, Nrolaed: lan6108 r 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 ❑PublictGovernment rivate/Community a ❑This section not applicable b. (i) Will the faaccil t be open to the general public? ❑Yes L 0 c. (i) Dock(s) and/or pier(s) J. (i) Are Finger Piers included? 0 es [:]No (ii) Number I If yes: (iii) Length gq (ii) Number (iv) Width �. r (iii) Length Z 0 2�J' fQ f ^1 (v) Floating ❑Yes 9A (iv) Width -J�Q t (v) Floating EKas []No O e. (i) Are Platforms included? [41Yes []No I. (i) Are Boatlifts included? (fives ❑No If yes: If yes: (ii) Number (ii) Number (iii) Length �1 _ (iii) Length 13_ (iv) Width (iv) Width —L—;— (v) Floating ❑Yes v Flo Note: Roofed areas are calculated from dripline dimensions. Number of slips proposed g. (i)/ h. Check all the types of services to be provided. V ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service Z ❑ 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: i. Check the proposed type of siting: - j. Describe the typical boats to be served (e.g. pen runabout ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel []Open water; no dredging required []Other; please describe: k. Typical boat length: I 1 I. (i) Will the facility be open to the general public? ❑Ves I]}4o Q m. (i) Will the fa ity have tie pilings? \J� RECEIVED Was QNo ! (ii) If yes number of tie pilings? DCM WILMINGTON, NC MAY 0 9 2018 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Forth DCM MP-4 (structures, Page 2 of 4) 2, DOCKING FACILITYIMARINA OPERATIONS g"This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Off ioe 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. 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? In Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? �G RECEIVED DCM WILMINGTON, INC \� m. Is the marina/docking facility proposed within a primary or secondary nursery area? �ti ❑ves []NoOGN(4 IV1AY 0 9 2018 252-808-2808 :c 1-888-4RCOAST :: www.nccoastaimanagement.net Q revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None p. Is the proposed mannaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) PAis section not applicable a (i) Is the boathouse structure(s). ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length _ (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4, GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) PAis section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc) .:, V is 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 6fhis section not applicable a. Is the structure(s): ❑Commercial ❑PublidGovemment ❑Pdvate/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing t�H��7�771 b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 1010 ti%,oG��4 *'y RECEIVED DCIt4 WILWNGTON. NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagament.net revised: 12/27106 Form DCM MP-4 (Structures, Page 4 of 4) Aa. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 3j! 9U 3A7i6m rrbk 006K AaO3&0'AwAefcel" 7u/AOM Note: For buoy or mooring piling, use arc of swing including length of vessel. > c. Width of wate��b 'y r d. Waterdepth at waterward end of structure at NLW or NWL — s3U�A/LG 1 ot.CloY I'kHT Stidws CV7- e. (i) Will navigational aids be required as a result of the project? ❑Yes WINO ❑NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER _ ❑This section not applicable a. Give complete description. g,FBJJJ1 jjiv/ �.Y�f7`��l// 170LiKAiyb V �C.�S p� n t / 2 Fi IyfL(—!2 Uo 't��.—Lihl� �T�iIS l=.Ca we ll�� tG- ram � o U Date > M 0 U Cq Project Name _._ LLI Q 9'4�zDOLE J '� o a Applicant Name 3d 1146 IL S il�'r Ai/LEI/ Zurl !A Applicant Si %ry% d Giiv4Cri c G�/tir,NYlry � �— ALkWhy� BkYr .,x. 7d,r 3' • C ITxlj �OIlTL/CT rd w r'otr 1 v - r • s FLohr N6 Pvu' ar Y RECEIVED DCM WILMINGTON, NC �J} El MAY 0 ? /�Jli. �H,✓(L� I6 252.808.2808 :: 1,888.4RCOAST :: www_nccoastal_man_agement.nat revised: 12/27/06 D vo to' 0 T 601Gf' RECEIVED zm MAY 2 3 2018 oo DCM-MHD CITY Z Proposal �toaJiKq s NHW — — M-W 3Al Fl- dA > w Zof S 1570/rya Wl" a�S km 49C �A A k� k� I*M v r IA 0 U 5/2/2018 . Basic K, ex- 123 Market St Z A41J u .. Basic Map 8lOZ E G �tGc b u AVA p na ON *NO10NIWIIM WOa q it Ijai - 4 . ees IN All rights reserved http://nhcgov.maps.arcgis.mm/apps/webappviewer/index.html?id=cc3a4l687ab441 ag9503a93ff8921 beb ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to ,5 7;ZZ i &2'0 t Y 's (Name of Property Owner) property located at 3 % / �G o/[ / UA AUK (Address, on CARic/ AI?-6CIIyQci-i7/lA5yxl ,in_ (Waterbody) etc.) and/or N.C. The app icant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) WAIVER SECTION — 01PC I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be tt��( a minimum distance of 15' from my area of riparian access unless waived by me. (If yott<�iib �i+ie the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. MAY 2 3 2018 JI do not wish to waive the 15' setback requirement. -)CM-MHD CITY (Property Owner Information) �y Siggnature T-17-AR'r /3A9ccY Print or Type Name 7/i Fe-mlt)A Ave - Mailing Address e lek)c„� 1ye /t mac. )- r' Cily/State/Z3.cip 9/0 7 / ?'�lU , Telephone Number S 6` �`� RECEIVED Date MAY 10 2018 (Adjacent Property Owner Information) Sign urp-�ceMy Print � �aT AJ l �< i �4 q D Mailin Ad ess 1 �,, D«�I. Nc ar 1 aY City/State/Zip Telephone Number RECEIVED Date MAY 10 (Revised 611 W 012) DCM WILMINGTON, NC DCM WILMINGTON, NC Cl W 7 W U W Cr m Domestic r� CAfrtiE�C$I>�1lC'2�SL CerMed Mail Fee A6la+U S /�N 09 Fxtrfl Moss 6 Fees (urecx mx, edoM N ra p ❑Pewm flecelet Qtvtlwe✓I E i E /L O PoaV=k N O Id a Co Cl ❑MAEiEivrwer-W&vE ! N U >- ❑c Mutt sige Fea Deswy S Y Z yiri/ Q OPostage S11.71 Total 04l2018 Poara9e enA Faq, $4.16 $ aseer o rq c-- I K!----------------- - - - r Apc7 Stieeto. irO goz Fk. wo,[ �DAA--•-------------•----------------•--- --------- wz�wii 28v2 Lilwa-,e-A hoc( AcC $ a. Add a tracking number 0 70171450000174879898 0 Delivered: CAROLINA BEACH, NC 28428 on May 31, 2018 at 3:33 pm Expected Delivery on: Thursday, May 31, 2018 by 8:00pm Er 0 UPDATED 61181201811:16 AM BK: RB 6035 111111E11®1I11111'11Y® PEG: ED-. 02-03-2017 2017003639 NC 51aoo NEW HANOVER COUNTY. NC 11:50.11 AM TAMW TREUSCR BEASLEY SY. MIOREA CRESWELL REmsTEROFOEEM ASSISTANT STATE OF NORTH CAROLINA MEMORANDUM OF OPTION CONTRACT COUNTY OF NEW HANOVER DANIEL RAY NORRIS and wife, MARY ANNE RUSS (hereinafter referred to collectively as "Optionor"), hereby grants to STUART ELDER BAYLEY and wife, TAMMY LINKOUS BAYLEY (hereinafter referred collectively to as "Optionee"), an option to purchase the below described property for a term of two (2) years commencing March 1, 2017 and terminating February 28, 2019, concerning the building and improvements located at 311 Florida Avenue, Carolina Beach, NC 28428, as more particularly described in a deed recoded in Book 5323, Page 70, New Hanover County Registry, incorporated herein by this reference (hereinafter referred to as the "Property"). The provisions set forth in the written Lease Agreement with Option to Purchase Real Estate between Optionor and Optionee dated January Zi 2017 are hereby incorporated in this Memorandum by this reference. IN TESTIMONY WHEREOF the parties hereto have caused this Memorandum of Lease to be executed this thej?day of January, 2017. N LORD- TENANT: (SEAL) L) Daniel Ray Norris Stuarti5derBayley AMZ#Russ AL) Tammy Linl us , (SCEIVED MAY 232018 Return to, DCM-MHD CITY RECEIVED. DCM WILMINGTON, NC MAY 0 9 ?m STATE OF NORTH CAROLINA COUNTY OF AjL& /,F�►n.ow I, & ^ • Cs I"`- a Notary Public for said County and State aforesaid, do hereby certify that Daniel Ray Norris and wife, Mary Anne Russ, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this the ay of 2017, My Commission Expires: ¢d -';;�i y` ti�yy Notary Public (Affix Notarial Seal) ' y 1! O $= tai c � cN%ka A F _\ STATE OF NORTH CAROLINA COUNTY OF V e-y /(F4404A- I, 40� M' "a'G— , a Notary Public for said County and State aforesaid, do hereby certify that Stuart Elder Bayley and wife, Tammy Linkous Bayley, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this the4f4day of J 2017. My Commission Expires: 5/7• /'Tot 9 (Affix Notarial Seal) RECEIVED MAY 232018 DCM-MHD CITY RECEIVED DCM WILMINGTON, MAY 0 9 2018 ROY COOPER cove,nar MICHAEL S. REGAN Secretary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY May 11, 2018 Stuart Bayley 311 Florida Avenue Carolina Beach, NC 28428 Dear Mr. Bayley: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the subject property located at 311 Florida Ave in Carolina Beach, New Hanover County. It was received as complete on May 10, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision 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, C u ne e Fi d Repre tative cc: Heather Coats, DCM Liz Hair, COE Jeremy Hardison, LPO Chad Coburn, DWR MHC Files RECEIVED MAY 2 3 NIS State of North Camliva I Environmental Quality I CoasW Management u D �I 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM_M f t 910-796-7215 U Q � NOTI(0"$17, W � U CAMA PERMIT APPLIED prii adj New Hanover County, FOR ch, COMMENTS ACCEPTED THROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Stuart Bayley 311 Florida Avenue Carolina Beach, NC 28428 NC nim- of C-oastal Management Courtney 910-796-7423 Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL. S. REGAN seer—Y 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�lI Shaun K. Simpson, Permitting Support & Customer A stance Heather Coats - WiRO Doug Huggett - MHC CENED Liz Hair - USACE RE Sarah Young- DCM �,pv 2 3 2o�a State of North Carding IEnvironmental Quality J Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-7%-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 Ct, 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, (910-796-7215) 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. State of North Carolina I Environmental Quality I Cowtal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-7%-7215 ,;"Sr Soe'D Mph %3 J�\6 QGM MHO 0114 Project Name:" my Check No 8 DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas $250 100% ($250) II. Public or commercial development that des not involve the filling or excavation of any wetlands or open water areas- $400 100% ($400) 0% ($0) Ill. For development that involves the filling andror excavation or up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies' III(A). Privatenon-commercial developmerrf. if General Water Quality 1 Certification No. 4144 (See attached) can be applied $250 100% ($250) 0% ($0) Ill(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied $400 100°f {$400) 0% ($0) III(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns retated to water quality or aquatic fife $400 60%($240) 40%($160) Iff(D)_ If General Water Quality Certification No 4144 (see attached) cannot be applied. $400 60% ($240) 40% ($160) IV Development that involves the filling andror excavation of more than one acre of wetlands and/or open water areas $475 60% ($285) 40% ($190) Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 5/9/2018 Always On Top Metal Stuart E Bayley Suntrust 1182 $400.00 major fee, 311 Florida Ave, CS rct. 6239 Roofing LLC CB NHCo SPLIT 60/40 W W cc W N Q U � NC Division of Coastal Management AEC: CBYB/AIWW Fee: $400#1i82 Major Permit Application Computer Sheet CDAITS _ MHC cc _ nx Applicant: Stewart E. Bayley Pik "I Agent/Contractor: W/a j Project Site County: New Hanover Staff: Courtney Spears ; District: Wilmington Project Name: Docking Facility Expansion & SH Replacement Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 5-9-f8 Date application 'received as complete' in the Field office: Permit Authorization: ❑ CAMA ❑ Dredge & Fill L313oth j SITE DESCRIPTION/PERMIT INFORMATION ORW []Yes No PNA: Yes No Photos Taken: Ye No❑ Setback Required (riparian): Yes No Critical Habitat: ❑Yes LJNo Not Sure 115 fool waiver obtained: ❑Yes Mo j Hazardficitification Returned: Oyes No SAV [-]Yes No ❑Not Sure Shell Bottom: ❑Yes No ❑ Not Temporary Impacts: Yes ❑No Sure Sandbags: []Yes No ❑ Not Sure Did the land use cl sification come Mitigation Required (optional): from county LUP. Yes ❑No ❑Yes ❑No Moratorium Con itions. Environments ssment Done: Length of Shoreline: ❑Yes ❑No NA 149 FT ❑Yes ❑No NA Shellfish Area esignation: Project Description: (code) Development Area: (code) Open -or- losed ( L9 SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) I ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HOW) I ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina t iflora) cynosuroides) . ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus -', ❑ (TY) Cattail (Typha sp.) spicata) SO ❑ (JR) Black needlerush (Juncus I EJ (SP) SalNmeadow grass (Spartina roemerianus) patens) i APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre: 3490 III(D) Priv. public or comm w/ D&F to 1 71 can be applied - $250 Acre 4144 can't be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major LJ IV Any development involving D&F of permit - $100 I permit - $250 more than 1 acre S475 Permit Transfer - $100 title) Public or commercial w/ D&F to 1 Express Penmt - $2000 acre, 4144 can be applied - $400 I R -IVE� EJ Major development extension request - It. Public or commercial/no dredge $100 and/or fill - S400 I. Private no dredge and/or fill - $250 1 El lll(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied-. DCM needs DWQ agreement _$400 DCM-MHD CITY Bayley, Stuart Date 5-9-18 ��p Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 ! One i One I ' New Work Replace Maint ❑ (( Y ❑N (��f ! i�,, ,, �r New Work ! Replace Y ate Maint ❑ Y ❑ N / y New Work Re lace f� Maint ❑ Y ❑ N V L New Work eplace (� ( /3 Maint ❑ Y ❑ N ! SI New Wo Re lace Maint ❑Y NGO New Work IN Repla ZQ ! Maint ❑ ClYN l I, New Work Replace 7j Maint ❑ ❑ Y i0N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft ! TOTAL Feet FINAL Feet (Applied foc (Anticipated final (Applied for (Anticipated final DISTURB TYPE Disturbance total disturbance. I Disturbance disturbance. Habitat Name Choose One includes an Y Excludes an y total includes ! Excludes an y anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact s tamp impacts) impact amount '.. tempimpacts) ! amount � n vV Dredge ❑ Fill Both ❑ Other ❑ t t/ �J Dredge ❑ Fill ❑ Both ❑ Other !" v Dredge ❑ Fill ❑ Both ❑ Other j J ! j I Dredge ❑ Fill Q Both ❑ Other ❑ '... i I Dredge ❑ Fill ❑ Both ❑ Other ❑ i I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill Both ❑ Other ❑ I I I I J ! Dredge Q Fill ❑ Both ❑ Other Q I 919-733-2293 :: 1.888-4RC0A3T :: w .nccoastatmanaaament.net revised: 10t12t06 Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 AMW Docks c% Rick West 250 E 2nd Street Ocean Isle Beach, NC 28469 Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Allied Marine Contractors c% Randy Mosley 92 Harold Court Hampstead, NC 28443 �',\o aNw wOd %01Ez OTA a3N3V311 wc Irma VICINITY MAP N.T.S. GENERAL NOTES 1. NEW HANOVER COUNTY PARCEL t R08807-001-004-000 2. FLOOD NOTE: BY GRAPHIC PLOTTING THE SUBJFCT PARCEL IS IN SPECIAL FLOOD HAZARD ZONE `AE• (BFE = 12') PER FEMA F.LR.M. / 372031310O EFFECVE DATE 0410312005 . 3. NEW HANOVER COUNTY ZONING: R-IB 4. BEARINGS FOR THIS SURVEY ARE BASED ON NAG 83 2011 5. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES (U.S. SURVEY FEET). Uh0I NOT FOR RECORDING OR CWQ.ANCEvm ICI �. W P I I I I I I I EXISTING HVAC RAISED PLATFORM ILF I I I ITO (MB 5323/73) I I I , I I I I I I I I I I I SYMBOL LEGEND: • ED7S7ING /RON (AS NOIED) I O R®AR SET I ENISRNC NCIVLAIENT (AS NOTED) SURVEYED ONES (BOUNDARY) I - - - - ONES PER RECORD DATA — — — — — — — TINES NOT SURVEYED (ADJONERS) I I T I I I I I 83 czmv I � � QtID HAD I I I I -N13'03'45'W 60.00' z EXISTING EXISTING DOCK NORMAL HIGH WATER (PER EXISTING FLAGS AT TIME OF SURVEY) EXISTING DECK EXISTING HOUSE RAISED ON PILINGS W/ STORAGE k PARKING BELOW EXISTING DECK x ftifi —�— x42 FLORIDA AVENUE (40' PUBLIC R/W) �1 PROPOSED LANDING & STAIRS - PROPOSED 6' WIDE STAIRS EXISTING BULKHEAD -- - Soo 20 0 20 40 •••• = 2RXII&Irtaeao PONS SCALE 1' = 20' (U.S. SURVEY FET) BASE LINE SURVEY, PLLC 311 FLORIDA AVENUE NitEPARm Fort LOTS 5, 5& 6 MID 6A (RX 2W) (MB 6/67) PROPOSED SITE PLAN " ' P-Im PO Box 15966, wlmington, NC 28408 1..n et coma. Il..di (210) 338-1880 www.baeellnesurn,nc com F. Pom T. wn N.. H— c my H.nn ceae. I i 4.7 -vuez) Nn"$ .�wm TDww Sim OJID twlMAgk ywi�Lv✓ pevwu EXISTING CONC. -BOAT �J P �L(V AG( , Lt_ q . Lt #5z - ' w,v\ LNt Lau,+. d m -e NOV DCNI WILMINGTOI I a �n1g I COASTAL WETLANDS (PER EXISTING FLAGS AT TIME OF SURVEY) PL EXTENDS TO NHW PORTION OVER PROPERTY UNE TO BE REMOVED" NOWT 1 " FE UNLESS AN EASEMENT D IS RECORDED MAY 2 3 2018 DCM_MHD Ciry L TOWN OF CAROUNA BEACH (MB 1339/144) 3�S NC-1 ► v�1 o�w n tw •. Y Oob 1 QtluO 8 bE Mu ms 1)-tom SCALL= LL, wog" �GZC I In 15'FQom CH,Ak! 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NC it �/ W lY7iA�CT ,1 Ge A<J w � 1�rc u. •r tvCC BDRr j KoPUSco o A r� l F, 1 ' ,4 R1 al f—A w P}/ 4'/V � 0 Cw>,ivtk prep o r/AiVOT UOelle i A 0 � I H, 4 t\vL L,n C /IDD,,Vf.- Z /VL-V r-adATih(rOpLEj - ro&a/ ti/x Fx,`snnF M6460i1N4P,L YEW V„✓AL 5e-A ufi1LL +D � AcPi AC(; FA, I- M- W 0aC AaJ (ilwberig"a wAk-, W,Nir..0�Tl;o" F,RTH21L IVA6Aq- (vE T7-/aNE-x(Sr/WL-WALL ('A,vo jz*r r-0(AvCXA,5 �y �)eANu rR,,�rcA�r-xtis tx,5(,�.CFa;G,F��A-ZA J -J�(D qe 4 F"Ar,aL- DUCK , �.0 �tS-Fnrbz�i �t,Yea�}izbG�LrS _ Dcc.KZ77)-XJ 7pwVl liF7u�DG,ket �'-acCi PI�%Uaci Gcr22 2 y�r*6 FLJATi/L,li /JrX-" Fwposed aa;A&e,o6e 13.0 � I F,rR7r`C, AiN,ly-FrTiVc IL WAtL �4wAr FRJi S,j; N,�w rnAR,aA p02 RECEIVE p MAY 2 3 2018 OCM_MH p CjrV =r�r RECEIVED DCM WILMINGTON. NC it �/ W lY7iA�CT ,1 Ge A<J w � 1�rc u. •r tvCC BDRr j KoPUSco o A r� l F, 1 ' ,4 R1 al f—A w P}/ 4'/V � 0 Cw>,ivtk prep