HomeMy WebLinkAbout42-18 Duke, DennisI
Permit Class
NEW
Permit Number
42-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
RECEIVED
MAY 232018
DCM-MHD CITY
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
issued to Dennis Duke 225 S. Main Street, Fuguay-Varina, NC 27526
Authorizing development in New Hanover County adi to a canal off the AIW W. at 1330 Final
T,anding Road Wilmington , as requested in the permittee's application dated 11/14/17 (NV-1)revised 1/10/18
(MP-2), 1/9/18 (MP-3 & MR4), incl. attch'd workplan dwgs (3), Dwg 3 of 5 dated 4/15/17, & Dwgs 4-5 of 5 dated rev. 1/10/18.
This permit, issued on May 10, 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
ie subject to tines, imprisonment or civil action; or may cause me permit to oe nuu auu vmu.
Dockinz Facility
1) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this 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 sewage, whether treated or untreated, shall be discharged at any time from any boats using the
expanded docking facility. Any sewage discharge at the expanded docking facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
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.
I...u,wf1�A. V— J l
{A< Braxton . Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Dennis Duke Permit No. 42-18
Page 2 of 4
ADDITIONAL CONDITIONS
3) The permittee shall maintain the authorized work in good condition'and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) This permit authorizes a maximum of 4 formalized boat slips. Docking space on the landward side of the
floating dock is not authorized under this permit. Cleats shall not be installed on the landward side of the
northern floating dock.
6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owners' riparian access corridors.
7) 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.
8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
Excavation
9) Excavation shall not exceed -4' below the normal low water. In no case shall the depth of excavation
exceed the depth of connecting waters.
10) No vegetated wetlands shall be excavated or filled. No excavation shall take place within 10' of any
Coastal Wetlands.
11) The temporary placement of double handling of fill materials within waters or vegetated wetlands is not
authorized.
12) No excavation shall take place at any time outside of the alignment indicated on the attached workplan
drawings.
13) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded Coastal Wetlands behind adequate dikes or other retaining structures to prevent
spillover of solids into any Coastal Wetlands or surrounding waters.
14) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
$1
R
Dennis Duke Permit No. 42-18
RECEIVED4
ADDITIONAL CONDITIONS
MAY 2 3 2018
Maintenance Clause
DCM-MHD CITY
15) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a representative
of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
U.S. Army Corps of Enzineers Conditions
16) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall
implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements within. The guidelines can be found at:
httv://www.fws.gov/nc-es/mammal/manatee guidelines.pdf.
17) In order to protect anadromous fish, no excavation or filling activities shall be permitted between April 1
and September 30 of any year without the prior approval of the U.S. Army Corps of Engineers.
18) The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land
Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of
any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally
designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington
Avenue, Wilmington, NC 28403-1343, email: SAWWeb-NAWusace.armymil.
General
19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
20) 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.
21) 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.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
Dennis Duke Permit No. 42-18
Page 4 of 4
ADDITIONAL CONDITIONS
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 assigned the proposed project Action ID No. SAW-2018-
00110.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 (DWR Project No. 2018-0124), which was issued on 3/12/18.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
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DEPARTMENT OF THE ARMY
• WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
July 6, 2018
Regulatory Division
Action ID No. SAW-2018-00110 and State Permit No. 42- lg
Mr. Dennis Duke
225 S. Main Street
Fuquay-Varina, North Carolina 27526
Dear Mr. Duke:
Reference your application for aDepartment of the Army permit to construct a 4-slip private
docking facility, and perform dredging in navigable waters of the United States, adjacent to the AIW W
(Middle Sound), at 1330 Final Landing Road, in Wilmington, New Hanover County, North Carolina
Your proposal has been reviewed and found to be consistent with the provisions and objectives of
the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive
authorization from the State of North Carolina. Therefore, you may commence construction activity in
strict accordance with applicable State authorization, attached Federal special conditions, and the
approved plan. Failure to comply with the State authorization or conditions of the Federal permit could
result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for any other
reason, plans revised to show the change must be sent promptly to this office and the North Carolina
Division of Coastal Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified. Your Department of the
Army permit will expire on December 31, 2021.
Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory
Branch, telephone 910-251-4049.
jg
erey, a'ulatory Project Manager
Enclosures:
CAMA permit
GP 291 permit with additional special conditions .
Plana RECEIVED
Manatee Guidelines
JUL 0 9 2018
DCM WILMINGTON, NC
z
e-Copies Furnished (w/o enclosures):
Mr. Fritz Rohde/Ms. Twyla Cheatwood
NOAA-National Marine Fisheries Service
Habitat Conservation Division
Dr. Pace Wilber
NOAA-National Marine Fisheries Service
Habitat Conservation Division
Mr. Doug Huggett
Morehead City Regional Office -Division of Coastal Management
North Carolina Department of Environmental Quality
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of Environmental Quality
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
BOSN3 Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
Mr. Chad Coburn
Wilmington Regional Office -Division of Water Resources
North Carolina Department of Environmental Quality
Ms. Courtney Spears
Wilmington Regional Office -Division of Coastal Management
North Carolina Department of Environmental Quality
RECEIVED
JUL 0 9 2018
DCM WILMINGTON, NC
Special Conditions
SAW-2018-00110
Dennis Duke
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 httR://www.fws.jzov/ne-
es/mammaUmanatee guidelines.pdf.
2. In order to protect anadromous fish, no excavation or filling activities will be permitted
between the dates of April I and September 30 of any year without the prior approval of the Corps of
Engineers.
3. The permittee shall obtain a Consent to Cross Government Easement from the Wilmington
District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to
commencing construction of any structures, authorized dredging or other work within the right-of-way
of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted
at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAWWeb-
NAV a usace.army.mil.
4. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For
further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910)
772-2191.
5. All work authorized by this permit must be performed in strict compliance with the submitted
plans, which are a part of this permit Any modification to these plans must be approved by the US
Army Corps of Engineers (USACE) prior to implementation.
6. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3
feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of
the aquatic environment.
7. The permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,
upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural
work or obstructions caused thereby, without expense to the United States.
8. Approval of the structure is based on determinations that there would be no obstruction to
navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit
RECEIVED
JUL 0 9 2018
DCM WILMINGTON. NC
l0,
should not be construed, as relieving the permittee of taking proper steps to insure the structure and
moored boats will not be damaged by wave wash.
9. The authorized structure and associated activity must not interfere with the public's right to
free navigation on all navigable waters of the United States. No attempt will be made by the permittee
to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for reason other than safety.
10. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this project, in
such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce
the reach of waters or wetlands.
11. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands. This permit does not authorize temporary
placement or double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with this project.
12. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials.
In the event of a spill of petroleum products or any other hazardous waste, the permittee shall
immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext, 526 or (800)
662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will
be followed.
13. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used.
14. If the permittee discovers any previously unknown historic or archeological remains while
accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who
will initiate the required coordination procedures.
15. The permittee shall require its contractors and/or agents to comply with the terms and
conditions 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 with a copy
of this permit. A copy of this permit, including all conditions, shall be available at the project site during
construction and maintenance of this project.
16. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area.
This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate
n RECEIVED
JUL 0 9 2018
DCM WILMINGTON, NC
�I
devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4).
17. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North
Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes
and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant.
18. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and manner as
the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its
pre -project condition.
19. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps
of Engineers within 24 hours of the permittee's discovery of the violation.
RECEIVED
s
JUL 0 9 `M,
DCM WILMINGTON, NC
Coastal Management
ENVIRONMENTAL QUALITY
May 10, 2018
Mr. Philip C. Smith, Jr.
Credit Shelter Trust
1465 Final Landing Lane
Wilmington, NC 28411
Dear Mr. Smith:
ROY COOPER
Governor
MICHAEL S. REGAN
veartaly
BRAXTON C. DAVIS
D&eCW
This letter is in response to your correspondence, which was received by the Division of Coastal
Management on April 28, 2017, regarding proposed development by Dennis Duke, at 1330 Final
Landing Lane, adjacent to the AIW W, in Wilmington, New Hanover County. The proposed
project consisted of a private docking facility and dredging. The proposed project has been
determined to comply with the Rules of the Coastal Resources Commission and as such, a permit
has been issued to authorize the development. I have enclosed a copy of the permit.
If you wish to contest our decision to issue this permit, you may file a request for a Third Parry
Appeal. The Chairman of the Coastal Resources Commission will consider each case and
determine whether to grant your request to file for a Contested Case Hearing. The hearing
request must be filed with the Director, Division of Coastal Management, in writing and must be
received within twenty (20) days of the disputed permit decision. Please contact me at (910) 796-
7302 if you would like me to send you the applicable forms and instructions that must be filed
prior to that deadline or if you have any additional questions. Alternatively, the forms can also be
found on our website.
Respectfully yours,
Heather Coats
Assistant Major Permits Coordinator
Cc: Wilmington Files
Morehead Files
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wlhnington, North Carolina 28405
9107%7215
MEMORANDUM
To: Heather Coats
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Applicatio nnis Duke,
New Hanover County
Date: May 8, 2018
This project is consistent and not in conflict with the 2016 New Hanover County w,
Comprehensive Land Use Plan Update.
The applicant is proposing to construct a new 4-slip docking facility and new dredging.
The project is located at 1330 Final Landing Road, adjacent to Middle Sound and the
AIWW in New Hanover County.
Areas of Environmental Concern (AFC's) impacted by the proposal are PT and EW.
Waters at the project site are classified as SA-ORW and are open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation.
In general, New Hanover County allows development in Conservation classified AECs,
which is consistent with the State's minimum use standards. The 2016 New Hanover
County Comprehensive Land Use Plan contains some policies, which exceed the State's
minimum use standards. However, none of these standards appear to be applicable to this
proposal.
Cc: File
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From the desk of:
Dennis Duke
225 S Main Street
Fuquay-Varina, NC 27526
Telephone 919-418-3853 Fax 1-866-264-6522
email ddukecpa@gmail.com
Heather Coats
State of North Carolina
Environmental Quality I Coastal Management
Wilmington Office
127 Cardinal Drive Extension
Wilmington NC 28405
Re: CAMA Permit for 1330 Final Landing Road, Wilmington NC
Ms Coats
As directed by the National Marine Fisheries Service I conducted a survey for Submerged
aquatic vegetation (SAV) on April 21. The survey was done at dead low tide on Sunday
morning from 8:OOAM till approximately 9:30 AM.
The entire dredging area as depicted in the attached purple shaded grid was surveyed and I
found no evidence of SAV in the proposed dredging area.
Further, the National Marine Fisheries Service has stipulated that no dredging occur between
April 1 and September 30. I agree to that stipulation.
I trust this is sufficient to continue the processing of the application. Please advise me if
further action is necessary on my part.
Thank you for your assistance in this matter.
7n; Y
Dennis Duke
April 23, 2018
RECEIVED
DCM WILMINGTON, NC
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_ _ _ _ _ PROPERTY LINES
NORMAL IDGH WATER
COASTAL WETL ND IRAT S
----..— RWARIANCORRIDOR
-�--- EDOEOFCAANNEL
NLW
COASTAL WETLANDS
\
o- 50' 100• 150' ADLACFNT PROPERTY OVINU INFORMATION:
1324 Final Landing Rd - Now or Formerly Micheal Pinar J. W. GILES
1465 Final Landing Rd - Now or Formerly Credit Shelter Trust FADD & CONSULTING SERVICES
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Cotlstal Mana�dnent
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February 28, 2018
Mr. Dennis Duke
225 S. Main Street
Fuquay-Varina, NC 27526
ROY COOPER
Ga,wme
MICHAEL S. RECAN
Seawory
BRAXTON C. DAVIS
un.eNr
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for
1330 Final Landing Road, Wilmington, New Hanover County
Dear Mr. Duke:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Wilmington office on January 10, 2018. Processing of the
application is ongoing. however, it has been determined that additional information will be
required prior to the Division taking final action on your application. These required items are
summarized below:
1) The National Marine Fisheries Service (NMFS) has requested by way of the
attached letter that a survey for submerged aquatic vegetation (SAV) be conducted
for the proposed dredging area. Note that this survey should be conducted during
the appropriate time of year, as indicated in the letter. NMFS has further requested
that should any SAV be found during the survey, the project be modified to avoid
SAV, and that any dredging be timed to reduce impacts to fisheries resources.
Therefore, it is necessary that processing of your permit application be placed in abeyance to
give you an opportunity to address the request of the NMFS.
If you can provide to this office with the requested information within five working days from
the date of this letter, and the US Army Corps of Engineers and/or NMFS notifies DCM that no
additional information or action is required on the part of the applicant, DCM staff will continue
processing of the application and the processing clock will not be suspended. If the required
information is not received in this office within the specified timeframe, processing of the
application will be suspended in accordance with 15A NCAC 073.0204(d) until such time as the
requested information is provided.
Stateof Nash CxoW I Env1r=heh!d1 QudRr 1 Coastd Maa WWht
Witrnmgtonetke 112r WrdMal DrieEXMMon I WdMVQMNorthCeUWW28405
91GTi ms
RECEIVED
DCM WILMINGTON, NC
14 2018
If you have any questions concerning these matters, please feel free to contact me by telephone
at (910) 796-7302, or by email me at heather.coats@ncdenr.gov.
Sincerely,
Heather Coats
Assistant Major Permits Coordinator
Cc: MHC Fiies/WiRO Files
Liz Hair, USACE
Chad Coburn, DWR
Stay Of hcwoff a Fmka r"Qoagty I Cm"Mmmgement
Wgmin Moffice 1127 CmdnW Dhw EHenNgn I WkMigt North Cmx*m 2W5
M7%MS
RECEIVED
DCM WILMINGTON, NC
APR 2 4 2019
UNITED STATES DEPA DF hCoOIAMERGE
NaBortal ()ceank arA Atmosphe�
wRTttNJ+U. MARWE FISRERIES SERVICE
9,ullrmi �.� omw
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February
15,201g FISER47:FWPw
(Sent via Electronic Mail)
Colonel Robert J. Clark., Commander District
U.S. Army Corps of Engineers
Wilmington 69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Dear Colonel Clark:
NOAA's National Marine Fisheries Service (Nh4F5) reviewed the public notice requesting
110 dated January 22, 2018. The applicant Dennis
comments for Action ID No. SAW-2018-00
Duke, proposes to construct a private, four -slip docking facility and perform dredging im watersThe
over County
adjacem to Middle Sound, at 1330 Final Landing Road in W�t maY affect. NewHb t s riot likely t
ingpin
Wibmington District's initial determination is the proposed Pro I
affect adversely, essential fish habitat (EFH) and associated fisheries mauaged bent Council, or Atlantic
nntic
Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Manager°
emetd of marine estnanne, and
As the nation's federal trustee for the conservation and m anag
diadromous fishery resources, the NMFS provides the following comments and recommendations
pursuant to the authorities of the Fish Fishery Conservation and Management Aetr(Matgttucson coordination
Act)'and the Magnuson -Stevens
Description of the Proposed Project
The applicant proposes to construct an access pier (6 feet wide by 5 feet l ng fro 4 thewide ground4
spit to a proposed floating dock (4 feet wide by 33 feet long) g piers
feet long), which could accommodate four boat slips. A covered gazebo (13 feet by 13 feet) would
be built at the watetward end of the access pier. Additionally,
area of applicant
probe �t to to dredestabge,
a
using the bucket -to -barge method, 700 cubic yards from an
channel (448 foot in length by 20 feet in width) at -4.0 feet NLW from the existing boat basin out to
the Atlantic Intracoastal Waterway.
Waters within the project area are not designated a Primary Nursery Area, are classified as SA-ORW,
and are open to the taking of shellfish. Water depths within the proposed docking facility range from
-2.0 feet NLW to -4.5 feet NLW. Submerged aquatic vegetation (SAV) has not been verified in the
project area; however, SAV has been identified in nearby &rear and conditions at the site of the
proposed dock and channel appear conducive to SAV growth.
Impacts to Essential Fish Habitat
Excavating the marina basin and access channel would disturb approximately 12,600 square feet
of shallow bottom habitat. The applicant describes the dredging of the access channel and boat
basin as maintenance but there is no record of a previous permit. The applicant provided several
Received
FEB 15 IN
DCM
RECEIVED
DCM WILMINGiON, NC
APR 2 4 2018
r
historical photographs showing the basin dates back to 1996 and access channel dates back to
1993. These photographs clearly showed evidence that dredging.
The SAFMC identifies shallow sub -tidal bottom and SAV in estuarine waters as EFH for brown
shrimp, pink shrimp, and white shrimp. The SAFMC also identifies SAV as a Habitat Area of
Particular Concern (HAPC) for shrimp, gag, and gray snapper. HAPCs are a subset of EFH that
are rare, particularly susceptible to human -induced degradation, especially important
ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas
as EFH because fishes and shrimp concentrate in these habitats for feeding and refuge and
experience high growth and survival rates when located in these habitats. The SAFMC provides
detailed information on the EFH requirements of federally managed species in amendments to
the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region.
The project area probably functions as nursery habitat for federally -managed species as well as
other species of commercial or recreational importance, including red drum, Atlantic croaker,
spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of
these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel,
Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes
and sharks).
EFH Conservation Recommendations
Section 305(bx4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH
Conservation Recommendations for any federal action or permit which may result in adverse
impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of
EFH and associated fishery resources:
A SAV survey of the proposed dredging area should be conducted during the appropriate
time of year (generally April 1 to September 30) prior to issuance of a permit.
If SAV is discovered in the project area, the dredging footprint should be designed to
avoid the SAV.
The permit should restrict the time of year that dredging activities occur to reduce
impacts to EFH and vulnerable life stages of federally -managed fishery species. The
NMFS recommends no dredging occur from April 1 to September 30; i.e., the dredging
should occur between October I and March 31. If this window proves impracticable, the
NMFS would prefer the dredging occur during the late summer than during the early
spring.
Section 305(bx4)(D) of the Magnuson -Stevens Act and implementing regulation at 50 CFR
Section 600.920(k) require the Wilmington District to provide a written response to this letter
within 30 days of its receipt. If it is not possible to provide a substantive response within 30
days, in accordance with the "findings" with the Wilmington District, an interim response should
be provided to the NMFS. A detailed response then must be provided prior to final approval of
the action. The detailed response must include a description of measures proposed by the
Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the
response is inconsistent with the EFH conservation recommendations, the Wilmington District
must provide a substantive discussion justifying the reasons for not following the
recommendations.
RECEIVED
DCM WILMINGTON, NC
APR 2 4 20%
Thank you for the opportunity to Provide these comments. Pease direct related questions or
comments ad Beaufort, attention
on of na' Fritz Loh& or oatm(252) B�838-082g Office, l01 Pivers an
S'tttcerelY+
/ for
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
cc: COE, Sarah.E.Hair@us=.army.mil
USFWS, Pete_Benjamin@usfws.gov
NCDCM, Doug.Huggett(a3ttcdenr.gov
NCDCM, Curt.Weychert@ncdenr.gov
NCWRC, maria.duun@ncwildlife.org
EPA, Bowers.Todd@epa-gov
SAFMC, Roger-Pugliese@safinc.net
F/SER4, DavidDale@noaa-gov
F/SEIL47, Fritz.Rohde@noaa.gov
RECEIVED
DCM WILMINGTON, NC
,WR 2 4 ;1018
February 28, 2018
Mr. Dennis Duke
225 S. Main Street
Fuquay-Varina, NC 27526
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for
1330 Final Landing Road, Wilmington, New Hanover County
Dear Mr. Duke:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Wilmington office on January 10, 2018. Processing of the
application is ongoing. However, it has been determined that additional information will be
required prior to the Division taking final action on your application. These required items are
summarized below:
1) The National Marine Fisheries Service (NMFS) has requested by way of the
attached letter that a survey for submerged aquatic vegetation (SAV) be conducted
for the proposed dredging area. Note that this survey should be conducted during
the appropriate time of year, as indicated in the letter. NMFS has further requested
that should any SAV be found during the survey, the project be modified to avoid
SAV, and that any dredging be timed to reduce impacts to fisheries resources.
Therefore, it is necessary that processing of your permit application be placed in abeyance to
give you an opportunity to address the request of the NMFS.
If you can provide to this office with the requested information within five working days from
the date of this letter, and the US Army Corps of Engineers and/or NMFS notifies DCM that no
additional information or action is required on the part of the applicant, DCM staff will continue
processing of the application and the processing clock will not be suspended. If the required
information is not received in this office within the specified timeframe, processing of the
application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the
requested information is provided.
RECEIVED
MAR 0 2 2018
DCM- MHD CITY
State of North Carolina I Emironmen[al Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910 796 7215
If you have any questions concerning these matters, please feel free to contact me by telephone
at (910) 796-7302, or by email me at heather.coats@ncdenr.gov.
Sincerely,
1 �nU� n"O
Heather Coats
Assistant Major Permits Coordinator
Cc: MHC Files/WiRO Files
Liz Hair, USACE
Chad Coburn, DWR
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
9107%7215
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
southwest Omw"
26313th Avenue South
SC Pebrsbury, Fonda 337014505
ht1p•Ilsero.nmFs.r=a.pov
February 15, 2018 F/SER47:FR/pw
(Sent via Electronic Mail)
Colonel Robert J. Clark., Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Liz Hair
Dear Colonel Clark:
NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice requesting
comments for Action ID No. SAW-2018-00110 dated January 22, 2018. The applicant, Dennis
Duke, proposes to construct a private, four -slip docking facility and perform dredging in waters
adjacent to Middle Sound, at 1330 Final Landing Road, in Wilmington, New Hanover County. The
Wilmington District's initial determination is the proposed project may affect, but is not likely to
affect adversely, essential fish habitat (EFH) and associated fisheries managed by South Atlantic
Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS.
As the nation's federal trustee for the conservation and management of marine, estuarine, and
diadromous fishery resources, the NMFS provides the following comments and recommendations
pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens
Fishery Conservation and Management Act (Magnuson -Stevens Act).
Description of the Proposed Project
The applicant proposes to construct an access pier (6 feet wide by 25 feet long) from the high ground
spit to a proposed floating dock (4 feet wide by 33 feet long) with two forger piers (4 feet wide by 24
feet long), which could accommodate four boat slips. A covered gazebo (13 feet by 13 feet) would
be built at the waterward end of the access pier. Additionally, the applicant proposes to dredge,
using the bucket -to -barge method, 700 cubic yards from an area of 12,600 square feet to establish a
channel (448 feet in length by 20 feet in width) at -4.0 feet NLW from the existing boat basin out to
the Atlantic Intracoastal Waterway.
Waters within the project area are not designated a Primary Nursery Area, are classified as SA-ORW,
and are open to the taking of shellfish. Water depths within the proposed docking facility range from
-2.0 feet NLW to 4.5 feet NLW. Submerged aquatic vegetation (SAV) has not been verified in the
project area; however, SAV has been identified in nearby areas and conditions at the site of the
proposed dock and channel appear conducive to SAV growth.
Impacts to Essential Fish Habitat
Excavating the marina basin and access channel would disturb approximately 12,600 square feet
of shallow bottom habitat. The applicant describes the dredging of the access channel and boat
basin as maintenance but there is no record of a previous permit. The applicant provided several
RECEIVED Received
MAR 0 2 2018 FEB 15 IN IMP ��
DCM- MAD CITY DCM
historical photographs showing the basin dates back to 1996 and access channel dates back to
1993. These photographs clearly showed evidence that dredging.
The SAFMC identifies shallow sub -tidal bottom and SAV in estuarine waters as EFH for brown
shrimp, pink shrimp, and white shrimp. The SAFMC also identifies SAV as aHabitat Area of
Particular Concern (HAPC) for shrimp, gag, and gray snapper. HAPCs are a subset of EFH that
are rare, particularly susceptible to human -induced degradation, especially important
ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas
as EFH because fishes and shrimp concentrate in these habitats for feeding and refuge and
experience high growth and survival rates when located in these habitats. The SAFMC provides
detailed information on the EFH requirements of federally managed species in amendments to
the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region.
The project area probably functions as nursery habitat for federally -managed species as well as
other species of commercial or recreational importance, including red drum, Atlantic croaker,
spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of
these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel,
Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes
and sharks).
EFH Conservation Recommendations
Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH
Conservation Recommendations for any federal action or permit which may result in adverse
impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of
EFH and associated fishery resources:
• A SAV survey of the proposed dredging area should be conducted during the appropriate
time of year (generally April 1 to September 30) prior to issuance of a permit.
• If SAV is discovered in the project area, the dredging footprint should be designed to
avoid the SAV.
• The permit should restrict the time of year that dredging activities occur to reduce
impacts to EFH and vulnerable life stages of federally -managed fishery species. The
NMFS recommends no dredging occur from April 1 to September 30; i.e., the dredging
should occur between October I and March 31. If this window proves impracticable, the
NMFS would prefer the dredging occur during the late summer than during the early
spring.
Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR
Section 600.920(k) require the Wilmington District to provide a written response to this letter
within 30 days of its receipt. If it is not possible to provide a substantive response within 30
days, in accordance with the "findings" with the Wilmington District, an interim response should
be provided to the NMFS. A detailed response then must be provided prior to final approval of
the action. The detailed response must include a description of measures proposed by the
Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the
response is inconsistent with the EFH conservation recommendations, the Wilmington District
must provide a substantive discussion justifying the reasons for not following the
recommendations.
Thank you for the opportunity to provide these comments. Please direct related questions or
comments to the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island
Road, Beaufort, North Carolina 28516-9722, or at (252) 838-0828.
/ for
cc: COE, Sarah.E.Hair@usace.army.mil
USFWS, Pete_Benjamin@usfws.gov
NCDCM, Doug.Huggett@ncdenr.gov
NCDCM, Curt.Weychert@ncdenr.gov
NCWRC, maria.dunn@ncwildlife.org
EPA, Bowers.Todd@epa.gov
SAFMC, Roger.Pugliese@safinc.net
F/SER4, David.Dale@noaa.gov
F/SER47, Fritz.Rohde@noaa.gov
Sincerely,
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSAMTAL AND PROCESSING RECORD RECEIVED
1) APPLICANT: Dennis Duke
PROJECT NAME: Duke Docking Facility
COUNTY: New Hanover JAN 17 2018
LOCATION OF PROJECT:1330 Final Landing Road, adjacent to Middle Sound and the PW , to 04hQkJ 4 TY
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-10-18 /
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: Courtney Spears
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WLEMINGTON
FEE REC'D: $400 #3190 ✓ 6om
PUBLIC NOTICE REC'D: 1-15-18 END OF NOTICE DATE: 2-5-18
SM�ttF/ vrS*e-- - W-0 1 kI AA
ADJ. RIP. PROP NOTICES REC'D: �, , % f 1EED REC'D: 11 AT
APPLICATION ASSIGNED TO: ON:
C) 75 DAY DEADLINE: 3 z&(4 150 DAY DEADLINE:
MAIL OUT DATE:1-11-18
FEDERAL DUE DATE:
STATE DUE DATE: 2-5-18
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
i[ c �ck Mari" ' r
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Division of Community Assistance
Division of Coastal Management-LUP Consistency
Public Water Section (DWR)
Land Quality Section (DEMLR)
Division of Water Resources - 401 Section
$ I Z�I !
✓
Storm Water Management (DEMLR)
Z L l f
State Property Office
1;
/
Division of Archives & History
(b
Division of Marine Fisheries - Shellfish Section
1 q l Y
Division of Highways (NCDOT)
Wildlife Resources Commission
� l l$
Local Permit Officer hl tt Lo
2 S l
/
Dept. of Cultural Res / Underwater Archaeology
Division of Marine Fisheries - DCM
Corps of Engineers - Regulatory Branch
5-h/ lian Nnt1:i
April 28, 2017
Debbie Wilson, Wilmington District Manager
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Re: 1330 Final Landing Lane Project
Dear Ms. Wilson,
RECEIVED
JAN 17 2018
DCM FVIHD CITY
As the adjacent riparian property owner, I am submitting the following written comments and
questions regarding the above referenced proposed project:
1) page 2 of form DCM MP -I, the Application for Major Development Permit, section 4.f
indicates "paved driveway" as one of the existing man-made features. To my knowledge, the
existing driveway is not paved.
2) page 3 of form DCM MP-1, section 4.m (iii) indicates that a wetland delineation has not been
conducted. Since there are wetlands and coastal wetlands on site, as indicated in responses to
4.m (i) and (ii), is a wetland delineation required by law?
3) page 3 of form DCM MP-1, section 5.j indicates "NA" for any proposed mitigation. I
presume the proposed dredging will negatively impact existing oyster and clam beds on the site,
and I question why no mitigation is proposed.
4) page 4 of form DCM MP -I, section 6.f lists the adjacent riparian property owners and states
that "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". While I did receive via certified
mail a copy of the application materials (postmarked 3/31/17), the packet did not include a cover
letter nor an Adjacent Riparian Property Owner Statement for me to fill in and sign. I found
sample copies of both on the DCM website, as well as the address to send comments to. My
daughter, Melinda Jones, contacted the owner's agent, John Giles, regarding the missing
information, and I was subsequently mailed a project narrative (somewhat different from the
original) and an Adjacent Riparian Property Owner Notification/Waiver Form, but not a cover
letter with instructions on where to send comments. I am including both the comment form from
your website as well as the form received from John Giles since they are different in title, and
one form indicates a 10-day return period for comments, contradicting the 30-day comment
period stated in the Application received via certified mail and in the sample cover letter on your
website.
5) page 4 of form DCM MP -I, section 6.i and j. Is a wetland delineation necessary, and is a
signed Area of Environmental Concern (AEC) hazard notice required, and if so, were they
submitted? I believe there is a freshwater stream on or adjacent to the property, and am
concerned that the proposed dredging could impact the existing brackish estuarine site.
RECEIVED
DCM WILMINGTON, NC
APR 2 8 2017
7WAYsp"
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xm,'1.60 jq0dr; 00 wwjwj�
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no-! swaud plyll ewhyd tip, ITY inn F 01010
nj avywym at W&W 2E why No %whyti howu 5 v0jniJi'��V,' "T, vttifil -rri"
e.d cu tr
! nouxv, -90 11 X! awA V C syru I �
001 On, � 0001"Aq
ea W lunto wns7pr; nVivilit n(mmy A W 400 wv&W spol N
h'; U, r11?pivi Q, ZMAN lazd lot 1.0
iiOjc. -
vh! xn Gjb ! .4F
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61 wAnq
or" AM&
hOw"wr; 1 P j. plum
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NO! 1 415 WL rK P 01 Sol 141 WrIlWe 1% % 11"1001 'iC j ')Jj'jj
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rxvi I JwA ivywON
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rqqj WN3 Neximmly ad! diod slawank. if, Ilf" nivv -vji ,j!
fji JIIOI"? iib nin Ind! slynk WD PM wva 1110011 an, so or On c YKYw nw,
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Amy N I la 4, Tjq,('u Jqlm',d ,Ii I,; it.. bail iT-v.V,., 15:v L)I,iojp
.01dow,
A P noW, f MAY VIN wip 1 0 psn'
ndl 1501nd WOW -,J; JI'di
Pg 2.
Re: 1330 Final Landing Lane Project
6) page 1 of Form DCM MP-2, Excavation and Fill, the answer to question Lc, an important
question regarding the area to be excavated, is missing.
7) on page 2 of Form DCM MP-2, section 5.a, the given answer "TBD - likely to be contained by
silt fencing or will be an approved disposal location" is not consistent with the answer to a
similar question on page 1, 2a, nor to the statement in the project narrative that says "spoil
material will be hauled to an upland site TBD by the dredging contractor". Will some or all of
the excavated material be contained on site? If so, how much of the approx. 700 CY of
excavated material will be kept on site? How many truck trips will be required to haul material
away?
8) Form DCM MP-3 Upland Development - regarding the proposed subdividing into 4 SFR lots,
none of the drawings included in the packet I received showed the proposed new lot lines. I am
therefore unable to comment on the proposed subdivision.
9) Form DCM MP-4 Structures. Why is there no place on the form for consideration of view
impacts from the construction of a pier, a 12'x12' gazebo, and finger piers?
Although the project information provided to me was incomplete and made the comment process
confusing and difficult to navigate, I appreciate the opportunity to comment on the proposed
project. If you have any questions regarding my comments, please contact my daughter, Melinda
Jones, at 206-383-0708 or at fremontinn@aol.com. Thank you for your consideration.
Sincerely,
Philip C. Smith, Jr.
Credit Shelter Trust
1465 Final Landing Lane
Wilmington, NC 28411
RECEIVED
JAN 17 2018
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
APR 2.8 2017
RECOMMENDATIONS FOR Dennis Duke 1/10/2018
The total square footage of the docking facility was calculated as follows:
Shoreline length = 306' x 8 sq. ft. =2,000 ftZ maximum allowable
Proposed fixed platform =13' x 13' = 109 ftZ (60 ft2 not calculated for access to float)
Proposed new floating docks = (33' x 4') + 2 (24' x 4') = 192 ft' (132 ftZ not calculated in total due to dimensions and
alignment)
Total = 301 ft'
It is the staffs recommendation that the proposed docking facility appears to be CONSISTENT with the use standards set
forth in NCAC 07H .0208(b)(6), including the eight -square foot rule, the pier width rule, and the %width rule. The proposed
structures, except the access pier, would be located entirely over open water and would provide docking space for four
(4) vessels in water depths measuring approximately -4.0 at NLW after dredging. The proposed structures would not
encroach into the adjacent riparian corridor setback requirements to the north or south.
It is the staffs recommendation that the applicant's proposal to dredge MAY BE CONSISTENT with the use standards set
forth in NCAC 07H. 0208 (b)(1). However, should any SAV be identified in the dredge area, NCAC 07H .0208 (b) (1)(1)
stipulates that 4 criteria must be met including (ii) which states '?here exists a previously permitted channel that was
constructed or maintained under permits issued by the State or Federal government. If a natural channel was in use, or if
a human -made channel was constructed before permitting was necessary, there shall be evidence that the channel was
continuously used for a specific purpose." It appears that the basin area and a portion of the proposed channel was
previously dredged, as evidenced by historical aerial imagery. However, the approximately 200' of proposed dredging
leading to the AIWW does not appear to have been historically dredged or used in the proposed dredge footprint.
Additionally, should any SAV be identified, no documentation of historical depth was provided. Only a couple waterdepths
of -4.0' below NLW were provided in the basin area and at the terminus of the dredge channel, it appears the water in the
channel area are approximately-1'to -2' at NLW. Maintaining the channel to a depth of-4.0' at NLW may not be consistent
with criteria (iv) of the previously cited section which states 'The original depth and width of a human -made or natural
channel shall not be increased to allow a new or expanded use of the channel:'
This office has no objection to the proposed work, if no SAV is identified in the project area and there are no objections
from any of the resource agencies, and provided it is consistent with all other state and federal permitting requirements.
It is recommended that any permit issued should include standard conditions for docking facilities and dredging.
RECEIVED
JAN 17 2018
DCM_ MHD CITY
W-
Coastal Management
ENVIRONMENTAL QUALITY
January 11, 2018
TO: Mark Zeigler
Division of Community Assistance
Wilmington Regional 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. coatsanncdenroov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Dennis Duke
Project Location: 1330 Final Landing Rd., adjacent to Middle Sound /AIWW, in Wilm
Proposed Project: to construct a new 4-slip private docking facility and perform dredging
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 February 5, 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
y,n comments. `
SIGNED t 4 M tI, CA J l �� DATED
State of Nooh Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
5kl
Coastal Management
ENVIRONMENTAL QUALITY
January 11, 2018
TO:
Heidi Cox
Regional Engineering Supervisor
Public Water Supply-WiRO
ROY COOPER
Govemor
MICHAEL S. REGAN
Secrelary
4 v & BRAXTON DAVIS
llll g Uircaor
JAN
I)lvl . 16 ?018
WiR p p b#c Basso ,p
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aDncdenroov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Dennis Duke
Project Location: 1330 Final Landing Rd., adjacent to Middle Sound /AIWW, in Wilm
Proposed Project: to construct a new 4-slip private docking facility and perform dredging
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 February 5, 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
State of North Carolina I Environmental Quality I Coattail Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215
DCM WILM NIGTON, NC
JAN 2 4 2018
9A
Coastal Management
ENVIRONMENTAL QUALITY
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
urrwor
January 11, 2018 /qN 16 2018
Blrr_
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 heather. coatsa(Dncdenr.00v
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Dennis Duke
Project Location: 1330 Final Landing Rd., adjacent to Middle Sound /AIWW, in Wilm
Proposed Project: to construct anew 4-slip private docking facility and perform dredging
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 February 5, 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_ �i rAJtX DATED
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-7%-7215
CoasitalManagement
ENVIRONMENTAL QUALITY
January 11, 2018
Chad Coburn
401 Wetlands
DWR-WiRO
NECEIVEDINmENWOR
JAN 16 2018
Water Quality Reggional
operations
Region iI Office
WilmingtonOn
�oA?o/1
OY COOPER
Ci Vel11a1
MICHAEL S. REGAN
secretary
BRAXTON DAVIS
Dlmdor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext. Wilm. NC 28405 heather. coats(a)ncdenr.aov
Fax: 395-3964 Courier 04-16-33
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Dennis Duke
Project Location: 1330 Final Landing Rd., adjacent to Middle Sound /AIWW, in Wilm
Proposed Project; to construct anew 4-slip private docking facility and perform dredging
Please indicate below your a encyI position or viewpoint on the proposed project and
return this form to Heather Coats ht the address above by February 5, 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.
� / `lb ( k,'&C . W t-C 3 1 !S Cct;
REPLY: v 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.
objects to the project for reasons described in the attached
SIGNED LkXk DATED C62,1001i
State ofNoA Carolina I Enviroomeutal Quality,I Coastal Management
127 Cardinal Drive Ext, Wilmington, NC 29405
910-7967215
�i
Coastal Management
ENVIRONMENTAL QUALITY
January 11, 2018
TO:
Georgette Scott
Stormwater Section
DEMLR - WiRO
r
CEIVE
AN 12111
BY:
ROY COOPER
Gavemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Dnr clor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats((D-ncdenr.gov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Dennis Duke
Project Location: 1330 Final Landing Rd., adjacent to Middle Sound /AIWW, in Wilm
Proposed Project: to construct a new 4-slip private docking facility and perform dredging
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 February 5, 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 l
RECEIVED
DCM WILMINGTON, NC
JAN 2 2 201E
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
Coastal Management
ENVIRONMENTAL QUALITY
January 11, 2018
el
TO: Tim Walton
Dept of Administration
State Property Office
JAN 2 2 2018
u'-..';
.-.. ._.AAA: —. •. •
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Uirccmr
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa�.ncdenroov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: Dennis Duke
Project Location: 1330 Final Landing Rd., adjacent to Middle Sound /AIWW, in Wilm
Proposed Project: to construct a new 4-slip private docking facility and perform dredging
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 February 5, 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 8
E� VEI7
DGioi WILMINGTON, NC
State of North Carolina I Environmental Quality I Coastal Management JAN 3 12018
127 Cardinal Drive Ext., Wilminblon, NC 28405
910-796-7215
M
N
Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
January 26, 2018
TO: Heather Coats
Assistant Major Permits Coordinator
FROM: Everette Moore
Real Property Agent
RE: CAMA Private Dock Construction Application Review
Applicant — Dennis Duke
1330 Final Landing Road, Wilmington, New Hanover County
Machelle Sanders
. Secretary
Tim Walton
Director
REPLY: Please confirm that the proposed construction is not located. within the 1000' USACE AIW W
easement area.
State of North Carolina I State Property Office
116 West Jones Street, Suite 405511321 Mail Service Ctr. I Ralelgh,NC27699
9198074650 TI Web: http://w .ncspo.com
Received. 01/25/2018
State Historic Preservation Office ROY COOPER
t
MICHAEL S. REGAN
ER 18-0165 ��
Coastal Management BRAXTON DAVIS
CNVIROHMNTAL QUALITY
January 11, 2018 Due -- 2/2/18
C P
TO Renee Gledhill -Early A- gw+co �_It
Dept of Cultural Resources
Archives & History
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm NC 28405 heather. WatSCa2nodeor.aov
Fax 395-3964 (Courier 04-16-33)
SUBJECT CAMA / Dredge & Fill Application Review
Applicant: Dennis Duke
Project Location: 1330 Final Landing Rd., adjacent to Middle Sound / AIWW, in Wilm
Proposed Project: to construct anew 4-slip private docking facility and perform dredging
Please indicate below your agency's position or viewpoint on the proposed project and
retum this form toff2siher Costs at the address above by February 5, 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**
K_ 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 2 J 10
line oI North C advu . Fnw,nlmeal O.W." I C..w M.Aq M
117 Cruel lime E.LI_ WdnmRlm, NC 21405
V10_11215
DCivl WILMINGTON, NC
FEB 1, 6 2018
JAN 2 6 2016
2
Coastal Management
ENVIRONMENTAL QUALITY
January 11, 2018
TO:
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
ROY COOPER
Govcrnm
MICHAEL S. REGAN
seererory
BRAXTON DAVIS
Direcror
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsaC)..ncdenroov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Dennis Duke
Project Location: 1330 Final Landing Rd., adjacent to Middle Sound /AIWW, in Wilm
Proposed Project: to construct a new 4-slip private docking facility and perform dredging
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 February 5, 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.
SK
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATED Zit 20l p
Received
JAN 2 9 1018
State of North Carolina I Environmental Quality I Coastal Management DCM
127 Cardinal Dave Ext., Wilmington, NC 29405
910-796-7215
Coastal Management
ENVIRONMENTAL QUALITY
January 11, 2018
TO:
David Harris
NC DOT
Roadside Environmental Unit
RECEIVED
FEB 0 1 2018
DISTRICT 3
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., Wiim., NC 28405 heather.coatsa(-ncdenroov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Dennis Duke
Project Location: 1330 Final Landing Rd., adjacent to Middle Sound /AIWW, in Wilm
Proposed Project: to construct a new 4-slip private docking facility and perform dredging
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 February 5, 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 OZ o zlle
RECEIVED
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Eat., Wilmington, NC 28405 FEB 0 6 2018
910-796-7215
NCDEQ
WILMINGTON RO
ROY COOPER
Grmemor
?;a
r
Coastal Managemeeet
ENVIRONMENTAL OUAL11V
January 11, 2018
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
(.I0.0 IIF.oZ
Maria Dunn
NC Wildlife Resources Commission
For WiRO
Heather Coats, Assistant Major Permits Coordina
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heathe
Fax: 395-3964 (Courier 0446-33)
CAMA / Dredge & Fill Application Review
Dennis Duke
MICHAEL S. REGAN
Sremrrry
BRAXTON DAVIS
Dwaor
jMA Via
1330 Final Landing Rd., adjacent to Middle Sound/ AIWW, in Wilm
to construct a new 4-slip private docking facility and perform dredging
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 February 5, 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 ��a an.a.l l \ DATED I- 12JI r3
PEC `7VEP
DC-Nd WILMINGTON, NC
FEB J 12018
State of North Carolina I Environmental QuahtyCoastal Management
127 Cardinal (hive tat, Wilntington. NC 29405
910-796-7215
Coastal Management
ENVIN NMENTALOUAUI
January 11, 2018
TO:
Christine Bouffprd
Local Permit Officer
County of New Hanover
ROY COOPER
CM.Mff
RECIE_JV.E1JMICHAEL S. REGANN
JHN i 5 ZOfB 3RAxTON DAVIS
NEW PLANNNNGaZCOIN TY
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather coats0ncdenr.gov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Dennis Duke
Project Location: 1330 Final Landing Rd., adjacent to Middle Sound /AIWW, in Wilm
Proposed Project: to construct a new 4-slip private docking facility and perform dredging
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 February 5, 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 /
% EL.
DC;vi WILMINGTON, NC
Slam of Nort CO-11-I Fa.;m,mmm Q 11AY I C-. d MI"BW W FEB 0 5 2018
127 Cmdiw] Ddw Ea, Wi1wnP^ NC 2WW S
910-996-7215
C&dsMIManagement,
ENVlltqmm aNT4L,PUAL lry
January 11, 2018,
, "
TO;
FROM:
ROY COOPER
Gbrionop
IWICHAE.L:S-- REG'AN
Secretary
6RA)(TQK DAVIS:
Direaw
Curt.Weych-e,rt
Fisherleis. Resource Spqqiailst
MHC-DCM
HeatherCoift, AssisiantMajorPermits Coordinator
NCIDEQ -Division migon of coastal Management
127'Cardinal Drive Ext Wilm' INIC128405 hekber.qoa(sbii6di4ije.qo
Fax *'3g5'39'64.fQou
SUBJECT; CAAIA / Drellge & Fill APPlicidon - Nvlew
Appkiqant:, Det7i#..s;-,Duke
Project Locatloh.i7 1330
.,FiiialLandingR4.,.,apfjcipent!oA4iddle,SoundlAIWWinwilm
Proposed:roject: to-constructa new 4-sliP Private -docking facility and perfdrinidredging
Please indicate ,below your agency'&positl6n or viewpointon.;the proposed project and
ii0urWf7ih-lsWN-t0`q =t3Hea@werTC-;l'a"fs at the"address'a6dve by Febryaty5j: ...
cIuestions, g the proposed 2Of8. If you have any
regard oiect,� contact Courtney Spears at (91p) 7915-1423 when
appropriate in-dqptfi comments. with-,sOoppoing.latalis-,rdqubdted.'
REPLY:', This agency hag no o bjection-tb the project.'as proposed.
""Addltfonql comments may -be attached**
This agency ha,s-no commenton the proposed project.
This, agency approves of the project only if the recommended changes
are incorporated -See attached.
This ageh-dk objects to the project for reasons.described in the attached
comments,,
SIGNEDDATED
Received
JAN 17 2018
' ' DCM
Slate or
Nonh CAa"fiii Eftyimm=W Quality 1 Contal Mwadeihmf
121 Cardinal ikilw.81., NC 28405
910-796-7215
E.COVED
IT 20.18'
I
®CM -
MHU. ITY
ROY, Qq'OPERi
HA EL,- S., R'Bib AN'`
A-ItAX-TON'DAVISI
D11111ri
?!VIRONMEWTAL OUALITY
MEMORANDUM'
TQ. Heather Costs,- DCMAssistant Major ?&miit%Coordifi,aWi-
FROM Curt WeychertDCM Fisher lesResburce Specialist
SUBJECT: Veriftis-lbuke Docking Facility and Dredging
DATE: January 17j,2018
AMrth caTplipa Division
of CoastaFManageent (DCM) Fisheries Resource Specialist has reviewed the.
CAMA, Major Permit application for-, proposed hotiong'that impact fish and fiskhabitaf& The applicant
proposing to consiruci.a 4�slio.dockinj;&ciflty and perform d I redking of a boat basin and dorfifecting chann6t
The project area is located alonj the AIWW and has waters designated asSA-ORW and the project area is
located in areas.opefi to the hairvestof shellfish.
The dredgefootprint is proposed to Whti6there ate existing costal *etlands; Qoastal,wetlandsaro,
considered arnong:.themost productiveeqosystemsinthe, world , (NCOIEQ 2015). Coastal wetlands
are aproductive detritus based system that trap nutrients; toxins and sediment; aid in shoreline
erosion control, dissipate wave and'storm action, provides abarricf, to flood damage, and provide
mpery,ftinctions and support -fish production. Recent research .indicates that even narrow fringes of
wetlands are essential. fadtors-,forfish utilization and erosion control (Whaley and Minello 2002;
MadRae and Cowatt 20 10; Minello eta]: 2611; Qewimt, and 13ollens 20.12), 'An estimated. 95% of
commorcI41finfish and shellfish. spepies-in the US.are wetland dependent and Zelahy-
1987). Species common tocoastalwetlands include sheepshead, red drum, flounder,,,spot, Atlantic
croaker; menhaden,.oysteks and penaeid shrimp;,wiih &m'yna&o.f"prey'speOiesas *,eil, Wetlandgoim
dhhaneef&jjging fundtion-s-6f adjac8nthabftais, which is why primary,(PKA-) and'se,con.dary(SNA)
nursery habftaWare,cIoseiyImked with I coastal wetlands; In addition. these wetlands are irnp ortantto
This office recomniendsAhatat least'i.10400tbudir off ofany exisibigyegetatedcoastal
Wetlands be inaiiataikM16i. -both the boat busin'_as ,well' asithe conneetingc,hApnel.
Bpswell,-K.M., Wilson, M.T.j MacRae, P,S.,,Wilsorj, C.A; and Cowan Jr, JH, 2010.. Seasonall
estimates of fish biomass and"Idngth distributions using acoustics and traditional nets to
ideniifyestuarine.habift tt preferences. in.litiratan'48ay,,)Lt)Wsiana:..karlhe ancOCOastal
Fisheries, 2(1),-pp.83-97.
Feierabend, I.S. and; Zelamy, J;M.-. 1987: Status reporton oUrAirtion's wetlands.. National Wildlife
Federation.,
Gewant,D. and Boilens, &M,02012,Yish assemblageg:cifinterioriidal marsh chantielsinrelAtioOtO
environmental: varlablesin the upper. San Francisco Estuary.. Ehvironmental, bi.616gy of
fishes, 94(2), pp,49a.j9q-
SmtoofNor&CmlinalEnvironmental Quality,lCmtalMoaagiMent
no. Commerce,A%,Fua I Morchm i d CityiNC2850'
(2 2527809-2808 'S'2-2'47-�J3G'(fu)
Minello;,T.L, Rozas, L,P._ and Baker, R.,,2012. Geographic variability in salt marsh flooding patterns
may affeotsursery value for fisheryspecies. Estudrles grid Coasts, 35(2), pp.501-5m.
NCDEQ'(NoA Carolina Department•of Environmental Quality' 2M6.. North Carolina Coastal
Habitat Protection PlanSouTce I)ocument.;Morehead;City, NC ;Division ofMarine Fisheries.
and Minello, TJ., 2002 The distribution of benthic infauna, of a Texas salt",marsh:in
n to Ithe marsh edge. Wetlands, 22(4), pp. 753:-766`.
Contact Curt Weychert:at (252) 80&2808 ext. 213 or CurtWeyo6ertfiJncdenr:!' With further questions or
concerns.
State of North CasoWI Envitunmental.QuaUty I Coastal Management
1367US Hwy..17 Saudi Elizabeth City; N627909
M-264.3901
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
January 25, 2018
Regulatory Division
Action ID No. SAW-2018-00110
Mr. Dennis Duke
225 S. Main Street
Fuquay-Varina, North Carolina 27526
Dear Mr. Duke:
We have reviewed your application received by this office on January 18, 2018, for
Department of the Army (DA) authorization to construct a 4-slip private docking facility
and to perform dredging in waters adjacent to Middle Sound/AlW W, at 1330 Final
Landing Road, in Wilmington, New Hanover County, North Carolina. Coordinates are:
34.277 N,-77.7616 W.
Your application appears to be a candidate for Federal authorization pursuant to the
CAMA—Corps Programmatic process for construction activities that receive authorization
from the State of North Carolina. Accordingly, the administrative processing of your
application will be accomplished by the North Carolina Division of Coastal Management.
Comments from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this permit process for any reason, you
will be informed regarding its further management, if there are no unresolved differences
in State -Federal positions or policies, the final action taken on your application by the
State will result in your receiving written notice from us that your application is
consistent with the Federal permit and you may commence your activity. Only after
receiving such confirmation should you begin work.
Your application request, pursuant to Section 10 of the Riveis, and Harbors Act, has
been assigned Action ID No. SAW-2018-00110.
RECEIVED
FEB 0 2 2018
DCM- MHD CITY
� 2 -
addressed to M& Liz Hair, Wilmington .Qu.eWonsQrcomm=ts�,may �be�Pan Field
Qfflee,, Regulatory 13=4. telephone 91 a-25-1-4049,
Sin lY,
'fti4atory Pr9jOct Manager
copyFumishe&
mr.Jon .W. Giles
J9 Creckstona Lane
Castle Hayne, Nortli Carolina 28424
IvI4.ICarm
WI)OUg 1
Ms; bobra
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
southeast Regional Office
®' 26313th Avenue South
•:_des d _:
St Petersburg, Florida 33701560.5
httpJ/sem.nmis.noaa.gov
February 15, 2018 F/SER47:FR/pw
(Sent via Electronic Mail)
Colonel Robert J. Clark., Commander ,
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Liz Hair
Dear Colonel Clark:
NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice requesting
comments for Action ID No. SAW-2018-00110 dated January 22, 2018. The applicant, Dennis
Duke, proposes to construct a private, four -slip docking facility and perform dredging in waters
adjacent to Middle Sound, at 1330 Final Landing Road, in Wilmington, New Hanover County. The
Wilmington District's initial determination is the proposed project may affect, but is not likely to
affect adversely, essential fish habitat (EFH) and associated fisheries managed by South Atlantic
Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS.
As the nation's federal trustee for the conservation and management of marine, estuarine, and
diadromous fishery resources, the NMFS provides the following comments and recommendations
pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens
Fishery Conservation and Management Act (Magnuson -Stevens Act).
Description of the Proposed Project
The applicant proposes to construct an access pier (6 feet wide by 25 feet long) from the high ground
spit to a proposed floating dock (4 feet wide by 33 feet long) with two finger piers (4 feet wide by 24
feet long), which could accommodate four boat slips. A covered gazebo (13 feet by 13 feet) would
be built at the waterward end of the access pier. Additionally, the applicant proposes to dredge,
using the bucket -to -barge method, 700 cubic yards from an area of 12,600 square feet to establish a
channel (448 feet in length by 20 feet in width) at -4.0 feet NLW from the existing boat basin out to
the Atlantic Intracoastal Waterway.
Waters within the project area are not designated a Primary Nursery Area, are classified as SA-ORW,
and are open to the taking of shellfish. Water depths within the proposed docking facility range from
-2.0 feet NLW to -4.5 feet NLW. Submerged aquatic vegetation (SAV) has not been verified in the
project area; however, SAV has been identified in nearby areas and conditions at the site of the
proposed dock and channel appear conducive to SAV growth.
Impacts to Essential Fish Habitat
Excavating the marina basin and access channel would disturb approximately 12,600 square feet
of shallow bottom habitat. The applicant describes the dredging of the access channel and boat
basin as maintenance but there is no record of a previous permit. The applicant provided several
Received og�
A40FEB 15 Iola '
�®
DCM
historical photographs showing the basin dates back to 1996 and access channel dates back to
1993. These photographs clearly showed evidence that dredging.
The SAFMC identifies shallow sub -tidal bottom and SAV in estuarine waters as EFH for brown
shrimp, pink shrimp, and white shrimp. The SAFMC also identifies SAV as a Habitat Area of
Particular Concern (HAPC) for shrimp, gag, and gray snapper. HAPCs are a subset of EFH that
are rare, particularly susceptible to human-induced.degradation, especially important
ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas
as EFH because fishes and shrimp concentrate in these habitats for feeding and refuge and
experience high growth and survival rates when located in these habitats. The SAFMC provides
detailed information on the EFH requirements of federally managed species in amendments to
the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region.
The project area probably functions as nursery habitat for federally -managed species as well as
other species of commercial or recreational importance, including red drum, Atlantic croaker,
spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of
these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel,
Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes
and sharks).
EFH Conservation Recommendations
Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH
Conservation Recommendations for any federal action or permit which may result in adverse
impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of
EFH and associated fishery resources:
• A SAV survey of the proposed dredging area should be conducted during the appropriate
time of year (generally April 1 to September 30) prior to issuance of a permit.
• If SAV is discovered in the project area, the dredging footprint should be designed to
avoid the SAV.
• The permit should restrict the time of year that dredging activities occur to reduce
impacts to EFH and vulnerable life stages of federally -managed fishery species. The
NMFS recommends no dredging occur from April 1 to September 30; i.e., the dredging
should occur between October 1 and March 31. If this window proves impracticable, the
NMFS would prefer the dredging occur during the late summer than during the early
spring.
Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR
Section 600.920(k) require the Wilmington District to provide a written response to this letter.
within 30 days of its receipt. If it is not possible to provide a substantive response within 30
days, in accordance with the "findings" with the Wilmington District, an interim response should
be provided to the NMFS. A detailed response then must be provided prior to final approval of
the action. The detailed response must include a description of measures proposed by the
Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the
response is inconsistent with the EFH conservation recommendations, the Wilmington District
must provide a substantive discussion justifying the reasons for not following the
recommendations'. '," I.- i
Thank you for the opportunity to provide these comments. Please direct related questions or
comments to the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island
Road, Beaufort, North Carolina 28516-9722, or at (252) 838-0828.
/ for
cc: COE, Sarah.E.Hair@usace.army.mil
USFWS, Pete_Benjamin@usfws.gov
NCDCM, Doug.Huggett@ncdenr.gov
NCDCM, Curt.Weychert@ncdenr.gov
NCWRC, maria.dunn@ncwildlife.org
EPA, Bowers.Todd@epa.gov
SAFMC, Roger.Pugliese@safmc.net
F/SER4, David.Dale@noaa.gov
F/SER47, Fritz.Rohde@noaa.gov
Sincerely,
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
Coastal Management
ENVIRONMENTAL QUALITY
May 10, 2018
Mr. Dennis Duke
225 S. Main Street
Fuquay-Varina, NC 27526
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for
1330 Final Landing Road, Wilmington, New Hanover County
Dear Mr. Duke:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Wilmington office on January 10, 2018. On February 28, 2017,
processing of your application was placed on hold pending a request for additional information
from the National Marine Fisheries Service (NMFS). We received information from you on
April 24, 2018, and then received confirmation from the NMFS and U.S. Army Corps of
Engineers that the information satisfied their request and no further action was necessary on May
3, 2018. Therefore, processing of your permit application officially resumed as of May 3, 2018.
The revised projected deadline for making a decision is May 29, 2018, as provided by G.S.
113A-122(c).
If you have any questions concerning these matters, please feel free to contact me by telephone
at (910) 796-7302, or by email me at heather.coats@ncdenr.gov.
Cc: MHC Files/WiRO Files
Sincerely,
�`21l�1'hrt �`v�a
Heather Coats
Assistant Major Permits Coordinator
0-60SIID
� 3 tip1�
��M MHO 0
\1y
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2840S
910 796 7215
f
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
May 2, 2018
Regulatory Division
Action ID No. SAW-2018-00110
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. Dennis Duke to conduct dredging and construct a private
docking facility in waters adjacent to Middle Sound, at 1330 Final Landing Road, Wilmington,
New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.2770 N
-77.7616 W.
The project plans propose to construct a 6-ft wide X 25-ft long access pier from the high
ground spit (elevated 3 feet above the coastal wetlands) with a 13-ft X 13-ft covered gazebo at
the end, then extend by ramp to the east to a proposed 4-ft wide X 33-ft long floating dock with
two 4-ft wide X 24-ft long finger piers (extending to the north) which could accommodate 4 boat
slips. Additionally, the applicant proposes to dredge an area of 12,600 square feet to include a
channel (448-ft in length X 20-ft wide) from the existing historic boat basin out to the AIW W.
Approximately 700 cubic yards of material would be removed by bucket to barge method.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. We recommend that the following conditions be
included in the modification to the State authorization:
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/nc-&mammal/manatee guidelines.pdf.
2. In order to protect anadromous fish, no excavation or filling activities will be
permitted between the dates of April I and September 30 of any year without the prior approval
of the Corps of Engineers. RECEIVED
MAY 0 3 2W
DCM WILMINGTON, NC
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authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area, This prohibition applies to all borrow and fill activities
connected with this project.
12. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083,
Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
13. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
14. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
15. The permittee shall require its contractors and/or agents to comply with the terms
and conditions 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 with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site durnzg construction and maintenance of this project.
16. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside
the permit area. This shall include, but is not limited to, the immediate installation of silt fencing
or similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter I I3A Article 4).
17. The activity will be conducted in such a manner as to prevent a significant increase
in turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
18. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre -project condition. RECEIVED
MAY 2 3 Z018
DCM-MHD CITY
1-9. Violations
Section,Wof theMvev.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
May 2, 2018
Regulatory Division
Action ID No. SAW-2018-00110
Mr. Doug.Huggett
Division of Coastal, Management
North Carolina Department of
Environmental -Quality
400 Commerce Avenue.
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr.. Dennis Duke to conduct dredging and construct a.
docking facility in waters adjacent to Middle Sound, at 1330 Final Landing Road, Wilmington,
New Hanover County,, North Carolina. Coordinates m Decimal Degrees are: 34.2770 N
-77.7616 W. ,
The project plans propose to construct a 6-ft wide X 25-ft long access pier from the high
ground spit (elevated `3 feet above the coastal wetlands) with a 13=ft X 13-ftcovered gazebo at
the end, then extend by ramp to the east'to a proposed 4-ft wide X 33-ft.long floating dock with
two 4-ft wide''X 24-h long finger piers (extending to the north) which could accommodate 4 boat
slips. Additionally, the applicant proposes to dredge an area of 12,600 square feet to include a
channel (448-ft in length X 20-ft wide) from the existing historic boat'basin out to the AIW W.
Approximately 700 cubic yards of material would be removed,;by bucket.to barge method.
The Federal agencies have. completed review of the proposal as presented by the
application and your field investigation.report. We recommend that the following conditions be.
included in the modification to the State authorization:
1. In order to further protect the endangered West,lndian Manatee; Tricheahus
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
httn://w,A,w.fws.gov/ne-es/mammal/manatee guidelines.pdf,
2. In order to protect anadromous fish, no excavation or filling activities will be
pennitted,between the dates 'of April 1 and September30, of any year without the prior approval
of the Corps of Engineers.
3. The pMnittee shall obtain a Consent to Cross Government Easement from the.
Wilmington District's Laud Use Coordinator prior to any crossing, f the Corps easement and/or
prior to commencing construction -of any structures, authorized dredging or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343„email: SAWWeb-NAVCa,usace.armv.mil.
4. Thepermittee must -install and maintain, at his expense, any signal lights, and signals
prescribed bythe. Y.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For fiurthct information, the permittee should contact the U.S. Coast Guard Marine Safety
Office at (g10) 772-2191.
5. All work authorized by this permit must be performed in strict. compliance with the
submitted plans, which are a part of this permit. Any modification to these:plans.must be
-approved by the US Army Corps.of Engineers (USAGE) prior to implementation.
6. The docks and piers extending over wetlands will be:elevated sufficiently (a
minimum of 3 feet) above the wetland substrate to prevent total. shading of vegetation, substrate,,
or other eiements,of the aquatic environment.
7. The permittee understands. and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or'his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be.required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to -the
United States.
8. .Approval of the structure is based on determinations that there would be no
obstruction to navigation.. The structure may be damaged by wave wash from passingvessels:
Issuance of this permit should not be construed, as relieving the permitteef t permittee of proper steps -
to insure the structure and moored boats will not be damaged by wave wash.
9. The authorized structure and associated activity must not interfere with the public's
right to fiee navigation on all navigabk waters of the United States. No attempt. will be made
by the permittee to prevent the full and free use by the public of all navigable waters at or
adjacent to the authorized work for reason other than safety,
10. Except as specified in the plans attached to this permit, no excavation, fill or.
tneohanized land -clearing activities &all'take place at any time in the construction or,
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
1.1. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized 'and -clearing activities shall take place at any in
the construction or maintenance of this project, within waters' or wetlands. This permit does not
2
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
12. All mechanized equipment will be regularly.inspected and maintained to prevent
contamination of waters and wetlands fiom:fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the,
permittee shall immediatelyreport.it to the N.C. Division of WaterResourcesat (919) 733-5083,
Ext. 526 or (800) 6624956 and provisions of the North Carolina Oil Pollution and Hazardous
Sub"stances Control Act will be followed.
13. Unless otherwise authorized by this permit; all fill material placed in waters or
wetlands shall be. generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris fiom land clearing
activities), or unsightly debris. will not be used,
14. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
15. Thepermittee shall'reci its contractors and/or agents to comply with the terms
and conditions 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 with a copy of this permit. A copy of this permit, including all conditions, shall be
available, at the project site during construction and maintenance of this project.
16. The permittee shall employ all sedimentation and erosion control measures
necessary to, prevent an increase in seditheritation or turbidity within waters and wetlands outside
the permit area. This shall include, but not limited to, the immediate installation of silt fencing
or similar appropriate devices around all, areas, subject to soil disturbance or the movement of
earthen ill„and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
17. The activity will be conducted in such a manner. as to prevent a significant increase
in turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is.50 NTU's or less in all rivers not designated as trout waters by
the North Carolina.Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
18. The permittee, upon receipt of a notice of revocation of this permit or upon.its
expiration before completion of the work will, without expense to the United.States.,and'in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre -project. condition.
� I
19. Violations of these conditions or violations of Section 404 of the,Clean Water Act or
Section, 1 O.of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers witbin 24 hours of -the permittee's discovery of the violation.
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office,
Regulatory Division; telephone (910) 251-4049 or email at.sarah,e.hair@usace.arrny.miL
e-Copies Furnished;
NCFWS; Mr. P6teBenjamin
USEPA; Mr. Todd Allen Bowers
N0AA/NMFS; Mr. Fritz Rohde'
NOAAINMIT&. Mr -Pace Wilber,
NCDEQ/DCM'; Mr. Doug Huggett
NCDEQ/DCM, Ms. Heather Coats
NCDEq/D,WR, Mr. Chad Coburn
NC]bEQ/DWR; Ms, KarenHi ggins,
NCDEQ/DCM; Ms. Coullney Spears
I Office
:0
Coats, Heather
From: Coats, Heather
Sent: Friday, March 02, 2018 9:43 AM
To: 'fremontinn@aol.com'
Subject: Proposed development at 1330 Final Landing Lane in Wilmington
Attachments: duke application forms narr-03022018093803.pdf, duke applic drawings-03022018093910.pdf
Hello Ms. Jones,
I am writing to you at your father's request in response to some comments he submitted to us in regards to his
neighbor's proposed development at 1330 Final Landing Lane, in Wilmington, NC. Mr. Dennis Duke (or his consultant)
sent your father notice of his development, as required by our application process for a CAMA and Dredge & Fill permit.
You father had some concerns regarding some of the details indicated on the application forms. One detail he
mentioned is that the application indicated the lot was to be subdivided. It appears the application was modified
subsequent to his notification and the proposed subdivision of the lot was eliminated. I am attaching a copy of the
application forms and plans to give him another chance to review them.
Additionally, the National Marine Fisheries Service (NMFS) has also expressed concerns that the dredging component of
the project may impact submerged aquatic vegetation (SAV) and has requested a SAV survey be conducted. 1 have put
the processing of the application on hold pending resolution of the request from NMFS. Should any SAV be found, the
scope of dredging may need to be revised by Mr. Duke to avoid adverse impacts to the resource. This ties in to your
father's comment about Field 1c. on the MP-2 form. Once the survey has been conducted, we can make sure this field is
completed.
Please let me know if either of you have any questions and/or if I can be of further assistance.
Best regards,
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
h eath a r. co ats (aD n cd e n r. q ov
127 Cardinal Drive Extension
Wilmington, NC 28405
t'. Nothing Compares.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
z
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Dennis Duke
2. LOCATION OF PROJECT SITE: Site is located at 1330 Final Landing Road, adjacent to Middle Sound and
AIWW Wilmington, New Hanover County.
3.
51
5.
Photo Index— 2006: 22-7429 G12-14
INVESTIGATION TYPE: CAMA/D&F
Lat:34°16'36.74"N Long:77°45'42.36"W
INVESTIGATIVE PROCEDURE: Date of Site Visit — 4/20/17 & 4/28/17
Was Applicant Present — Yes (agent)
PROCESSING PROCEDURE: Application Received—1/10/18
Office — Wilmington
6. SITE DESCRIPTION:
- (A) - Local Land Use. Plan— Wilmington -New Hanover County - - - - - -
Land Classification From LUP — Residential, Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing -Septic
Planned- N/A
(F) Type of Structures: Existing- Single-family residence
Planned- new 4-slip private docking facility and dredging
(G) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal)
120 ftz
(shaded)
(B) Non -Vegetated Wetlands (Open
Water)
12,600 ftZ
643 ftZ
(incorporated)
(C) Other - Highground disturbance
4,200 ftZ
(D) Total Area Disturbed: 17,443 ftZ (0.4 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to construct a new 4-slip private docking facility and perform
dredging.
rr�
RECEIVED
Dennis Duke
Page 2 JAN 17 2018
9. PROJECT DESCRIPTION DCM- MHD CITY
The applicant's property is located at 1330 Final Landing Road, adjacent to Middle Sound and the Atlantic
Intracoastal Waterway (AIWW) in Wilmington, New Hanover County. To locate the property from the
Wilmington Regional Office, travel north on Market St. / US-17 Bus N for approximately 8 miles. Turn right onto
Porters Neck Rd. and continue straight through the first roundabout. Take a right onto Edgewater Club Rd. and
travel for approximately 1.3 miles. Turn left on to Final Landing Rd. and travel 0.2 miles and take a right to stay
on Final Landing Road. The project site will be located at the terminus of Final Landing Road.
The project site is a 1.36-acre residential lot with approximately 306' of shoreline frontage along the AIWW
and Middle Sound. The elevation of the high ground area of the lot averages approximately 7.5' above normal
water level (NWL). High ground vegetation consists primarily of lawn grasses, woody shrubs, and landscape
vegetation. The upland area is currently developed with a single-family home. The shoreline of the property
has not been stabilized and slopes gently to a fringe of Coastal Wetlands along the eastern shoreline. There is
a spit of highground that extends into Middle Sound approximately 100' from the rest of the shoreline and the
Coastal Wetlands fringe the spit and eastern shoreline extending approximately 20' from high ground. There is
a stream that runs along the southern portion of the property and enters Middle Sound south of the high
ground spit. The Coastal Wetlands consist primarily of Smooth Cord Grass (Spartina alterniflora) and transition
to fresh water wetland species along the stream consisting primarily of Broadleaf Cattail (Typha latifolia).
Normal High Water (NHW) is approximately 10' waterward of the wetlands. The application states that
existing water depths in the area of the proposed docking facility range from -2' to -4.5' at NLW. Through a
search of publicly available aerial imagery it appears that the area north of the spit has been dredged as a boat
basin as early as 1966, however, it appears the historical dredging did not extend out to the AIWW. No permit
history was located for the dredging. Both of the adjacent properties to the north and south are developed
with single-family residences, and neither have docking facilities. No known archaeological sites are within the
project vicinity.
The City of Wilmington/ New Hanover County Land Use Plan classifies the adjacent waters as Conservation,
and the adjacent high ground portion of the project area as Watershed Resource Protection Area. The waters
of the AIWW are classified SA; ORW by the Division of Water Resources and are NOT designated as a Primary
Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to construct a new 4-slip private docking facility and perform dredging. An elevated 6'
by 25' walkway on the high ground of the spit area extending eastward would connect to an accessway that
would extend in a northerly direction from the high ground spit and consist of a fixed pier measuring 6' by 25'
and at the terminus would be a 13' by 13' gazebo in a "T-head" configuration. Extending from the eastern
edge of the gazebo would be a ramp leading to a floating dock in a "U-shaped" configuration. The main spine
would extend in an east -west direction and measure 4' by 33'. From each end of the main spine, extending in
a northerly direction would be two finger piers each measuring 4' by 24'. There would be 6 tie pilings
associated with the boat slips; two (2) would be located in the center of the "U" and two (2) would be located
on the outboard of each of the fixed finger piers. The configuration would provide docking space for up to four
(4) vessels at this location within water depths ranging from approximately -2' at NLW to approximately -4.5'
at NLW. The docking facility would extend approximately 110' into a waterbody which measures
approximately 1060' across and would meet the % width distance and would not encroach into either adjacent
15' riparian corridor setback area (see sheets 1 and 4 of 5).
'RECEIVED W?L
Dennis Duke
Page 3
JAN 17 2018
DCM-- MHD CITY
The applicant also proposes to dredge a channel from the existing historic boat basin area, out to the AIWW.
The boat basin dredge area would range from 20' to 36' in width and 110' in length. The access channel would
be 448' in length by 20' in width. The average existing depth is -2.5' at NLW and the proposed depth would be
-4.0' at NLW (see sheet 3 of 5). Approximately 700 cubic yards of material would be removed via mechanical
dredging (bucket to barge) and a spoil disposal site would be identified when a dredging contractor is hired.
According to the application, the existing connecting water depths are -4.0' at NLW. The application does not
identify any shellfish or SAV resource within the dredge footprint area, however, SAV has been identified in
areas near the project site.
The applicant has subdivided the upland area into 2 residential lots. The waterfront lot has an existing single
family home. The landlocked lot has no upland development proposed at this time.
10. ANTICIPATED IMPACTS
The docking facility structures would incorporate approximately 693 ft2 of Estuarine Waters and Public Trust
Area, and would shade approximately 120 ft2 of Coastal Wetlands. The proposed docking facility structures
would extend approximately 110' into a waterbody which measures approximately 1,060' across and would
conform to the A width distance rule and the federal channel setback. The proposed docking facility would
accommodate up to four (4) vessels in water depths of approximately -4.0' at NLW after dredging. Based on the
application, the proposed docking facility would not encroach into either adjacent 15' riparian corridor setback
area. Minor increases in turbidity should be expected during construction.
The proposed dredging would disturb approximately 12,600 ft2 of soft bottom habitat, and remove
approximately 700 cubic yards of material. At the southwest corner of the boat basin the dredge footprint is
proposed 10' away from Coastal Wetlands. No direct Coastal Wetlands impacts are proposed. Increases in
turbidity during excavation should be expected. Approximately 4,200 ft2 of high ground area would be
disturbed to accommodate the dredge spoil when an area is identified.
Submitted by: Courtney Spears Date. January 10, 2018 Office: Wilmington
RECEIVED
JAN 17 2018
DCM- MHD CITY
DCM MP-1
t n--
APPLICATION for KMEIVE
Major Development Permit JAN 17 2018
(last revised 12/27/06) '-)CM- MHD C
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicantl Landowner Information
Business Name
Project Name (if applicable)
Final Landing Rd
Applicant 1: First Name
Dennis
MI
Last Name
Duke
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
225 S Main St
PO Box
City
Fuquay-Varina
State
NC
ZIP
27526
Country
USA
Phone No.
919 - 418 - 3853 ext.
FAX No.
Street Address (if different from above)
City
State
ZIP
Email
ddukecpa@gmail.com
2. Agent/Contractor Information
Business Name
Agent/ Contractor 1: First Name
Jon
MI
W
Last Name
Giles
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
19 Creekstone Lane
PO Box
City
Castle Hayne
State
NC
ZIP
28429
Phone No. 1
910 - 620 —1560
ext.
Phone No, 2
ext.
FAX No.
Contractor #
Street Address (d different from above)
City
State
ZIP
Email
jgiles28469@hotmail.com
<Form continues on back>
DCU'MLMINGTON, NO
NOV 202017
252.808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net
Form DCM MP-1 (Page 2 of 4)
RECEIVED
APPLICATION for
Major Development Permit
JAN 17 2018
3. Project Location
County (can be multiple)
Street Address
State Rd. #
New Hanover
1330 Final Landing Rd
PVT
Subdivision Name
City
State
Zip
Wilmington
NC
28411 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
919 - 418 - 3853 ext.
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
Topsail / Middle Sound
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ®Manmade ❑Unknown
Atlantic Intracoastal Waterway
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
New Hanover County
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
306 If along NHW line
59,241 sgft
c.
Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
0-15, ❑NHW or ®NWL
e.
Vegetation on tract
Wooded, ornimental plants, lawn grasses, coastal wetland species and various shrubs and ivyes.
f.
Man-made features and uses now on tract
2 dwelling units, gravel driveway, shed and well/pump house
g.
Identify and describe the existing land uses adiacent to the proposed project site.
residential
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
R-20
(Attach zoning compliance certificate, if applicable)
®Yes []No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No ®NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yes []No ®NA
National Register listed or eligible property?
<Form continues on next page>
REC°-AVEL-
DCM'NILMINGTON, NC
NOV 202011
252.808.2808 :: 1.888-4fiCOAST :: www.nccoastaimanagement.net
Form DCM MP-1 (Page 3 of 4)
RECEIVED
APPLICATION for
Major Development Permit
LarU
m. (i) Are there wetlands on the site? JiAlq I I Zold®Yes []No
(ii) Are there coastal wetlands on the site? DCM- M H D C ITY®Yes ❑No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes SNo
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
septic tank
o. Describe existing drinking water supply source.
well water
p. Describe existing storm water management or treatment systems.
sheet flow
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? []Commercial ❑Publir/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
There will be a 4-slip docking facility and maintenance dredging of channel to access the AIWW for the recreational use.
Daily operations will be consistent with normal household activities
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
standard marine construction will be used during the construction of the docking facility and the dredge work will be
performed by bucket to barge and the spoil material will be hauled to an approved disposal site (TBD by the contractor that
will perform the dregding)
d.
List all development activities you propose.
4-slip docking facility, and maintenance excavation of existing channel that is currently silted in at the entrance
e.
Are the proposed activities maintenance of an existing project, new work, or both? both
f.
What is the approximate total disturbed land area resulting from the proposed project?—13,000 (12,600 dredging)
®Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ONo ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
sheetflow from from existing lot.
i.
Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? Elves ❑No ®NA
j.
Is there any mitigation proposed? ❑Yes []No ®NA
If yes, attach a mitigation proposal.
<Form continues on back>
t pIL -IV GV
XM INILMINGTON, NC
N 0 V 2 0 2017
252.808-2808 :: 1.888-4RC 0ASI F, w w. n c c 0 a s t a l m a n a 9 e m e n t. n at
Form DCM MP-1 (Page 4 of 4)
RECEIVED
JAN 17 Z018
APPLICATION for
Major Development Permit ML/
6. Additional Information DCM _ M H D CITY
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (i) 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 Credit Shelter trust Phone No. none provided
Address 1465 Final Landing Lane Wilmington NC 28405
Name Micheal & Jean Piner Phone No. none provided
Address 1324 Final Landing Lane, Wilmington NC 28405
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates.
n/a
h. Signed consultant or agent authorization form, if 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. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my kno�dge.
Date ��1 `11 11 Print Name Soo y>W+ l D 3 , / r Q CA
Signature E^� 1
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 fi iEC 'WEC3
DCM ;";ILMINGTON, NC
NOV 2 0 2017
252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net
RECEIVED w
Form DCM MP-3 JAN 17 2018
UPLAND DEVELOPMENT DCM- MHD CITY
(Construction and/or land disturbing activities)
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.
GENERAL UPLAND DEVELOPMENT
e. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. ' �1
.r _r— T
c. Density (give the number of residential units and the units per
acre).
i u14;+ - 1.310 A"181
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
[]Yes ONO JKNA
(11) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking. ff
• {"L �fcwi" r MPaQJror�
I. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
j, Describe proposed method of sewage disposal.
¢kJl 01,5
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industriall
commercial effluent, "wash down' and residential discharges).
Sumc P 1z••Je:FG
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
anA,
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
914
h. Projects that require a CAMA Major Development Permit may also
require a Stonnwater Certification.
(1) Has a site development plan been submitted to the Division of
Water Quality for review?
[--]Yes [7]No DIVA
(it) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes ONO IZNA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stonnwater
design?
[]Yes []NO *A C7 EC � I V E D
If yes, attach appropriate documentati
DUO WILMINGTON, NC
JAN 0 9 2018
252.808.28082 :: 1.888.4RCOAST :: www neeoaatalinanagament.net revised; 12/26/06
M. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
well
n. (i) Will water be impounded? []Yes ®No ❑NA
(ii) It yes, how many acres?
o. When was the lot(s) platted and recorded? p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
13� acze loi 1Jji D'A 7JE�1 rN ZO )`� ClYes ❑No RNA
c ogi101g
Data
Final Landing
project Name
AypGgeM Name
rl carrt Signature
RECEIVED
JAN 17 2018
DCM- MHD CITY
DGiN WILMINGTON, NC
JAN 0 9 2018
OW
Form DCM MP-2
t/
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
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
448'
110,
Width
20'
36' narrows
to 20'
Avg. Existing
Depth
_ 2 5' @ NLW
NA
NA
Final Project
—40' @ NLW
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.. _ _
sand and shell. .. ...
_ ... -.: .
-700 cubic yards
c.
(1) Does the area to be excavated include coastal wetlandstmarsh
d. High -ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
none
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
RECEIVED
❑WL []None
(it) Describe the purpose of the excavation in these areas:
JAN 17 2018
DCM- MHD CITY
2.
DISPOSAL OF EXCAVATED MATERIAL
❑This section not applicable
a.
Location of disposal area. -
b. Dimensions of disposal area.
approved off -site location to be determined by dredging
TBD
contractor
c. (1) Do you claim title to disposal area?
❑Yes ❑No ®NA
(it) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV []SB
❑WL []None
(it) Describe the purpose of disposal in these areas:
d. (i) Will a disposal area be available for future maintenance?
[]Yes ❑No ®NA
(ii) If yes, where?
f. (1) Does the disposal include any area in the water?
[]Yes ❑No ®NA
(ii) If yes, how much water area is affected?
RECEIVED
DCM WILMINGTON, NC
I SHORELINE STABILIZATION ®This section not applicable
(if development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length: „
ED
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _
Width:
c.
Average distance waterward of NHW or NWL:
d.
Maximum distance waterward of NHW or NWL: JA N 17 2018
e.
f.
Type of stabilization material:
(1) Has there been shoreline erosion during preceding r1 vM R D C
months?
❑Yes []No ❑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.
h.
Type of fill material.
Bulkhead backfill _ Riprap _
Breakwater/Sill Other
L
Source of fill material.
4.
OTHER FILL ACTIVITIES
®This section not applicable
(Excluding Shoreline Stabilization)
a.
(i) Will fill material be brought to the site? []Yes []No []NA
b.
(i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes;
submerged aquatic vegetation (SAV), shell bottom (SB), or
III) Amount of material to be placed in the water _
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
(iii) Dimensions of fill area _ -
❑CW ❑SAV _ ❑SB
IN) Purpose of fill
❑WL []None
(ii) Describe the purpose of the fill in these areas:
5.
GENERAL
a.
How will excavated or fill material be kept on site and erosion
b.
What type of construction equipment will be used (e.g., dragline,
controlled?
backhoe, or hydraulic dredge)?
TBD - likely to be contained by sift fencing or will be an approved
bucket to barge
disposal location
c.
d.
(i) Will wetlands be crossed in transporting equipment to project
(i) Will navigational aids be required as a result of the project?
[]Yes ❑No ®NA
site? []Yes ®No []NA
(it) If yes, explain what type and how they will be implemented.
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
�l � iSl Lp 1, Jon W Giles Jr, Agent
Date Applicant Name
Final Landing
Appl cant Signature RECEIVED
Project Name DCM WILMINGTON, NC
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
VV
RECEIVED
JAN 17 2018
DCM- MHD CITY
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. (1) Is the docking facility/marina:
❑Commercial.❑Public/Government ®Private/Community
c. (i) Dock(s) and/or pier(s)
(11) Number 2
(ill) Length 25'(fixed): 33(floatino)
(iv) Width 6` 41floatina) (respectivlev)
(v) Floating ®Yes ®No
a. (i) Are Platforms included? ®Yes ONO
If yes:
(ill Number 1
(III) Length 13'
IN) Width 13'
(v) Floating ❑Yes ®No
Note: Fooled areas are calculated from ddpline dimensions.
g. (i) Number of slips proposed
6
(ii) Number of slips existing
0
I. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
❑efOpen water; no dredging required
CgOther; please describe:
maintenance dredging is proposed
k. Typical boat length: 215'
m. (i) Will the facility have tie pilings?
®Yes []No
(u) If yes number of tie pilings?
[]This section not applicable
b. (i) Will the facility be open to the general public?
[]Yes ®No
d. (i) Are Finger Piers included? ®Yes ONO
If yes:
(ii) Number 2
(iii) Length 24'
(iv) Width k
(v) Floating ®Yes []No
f. (i) Are Boatlifts included? []Yes ONO
If yes:
(ill Number _
(!ill Length
(iv) Width _
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
® Dockage ('wet slips") only, number of slips: 4
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
J. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
mixed (recreational) it. t V EU
DCM WILMINGTON, NC
JAN 0 9 2018
1. (i) Will the facility be open to the general public?
❑Yes ONO
2°+21908,e6ge :. 999E-4FC:OAST r. 4vww.nccoas tafma nagernant. not revised: 12;27 06
Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS 0This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project. RECEIVED
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location: AN
N
❑ Showers
❑ Boatholding tank pumpout; Give type and location: DC M _ M H D C ITY
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available' signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake' signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
n-EC'-1VED
m. Is the marina/docking facility proposed within a primary or secondary nursery area? fli',IVI ;*..-MINGTON. NC
❑Yes ❑No
NOV 2 0 2017
252-808-2808:: 1-888-4RCOAST :: w .nccoastalmanaRement_net revised: 12127106
Form DCM MP-4 (Structures, Page 3 of 4)
RECEIVED
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
[]Yes []No
JAN 17 2018
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. D M- M H D CITY
❑CW ❑SAV ❑SB
❑WL []None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Government ❑Private/Community
(ii) Number
(III) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length _ b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
F;EC ` AVED
DGN1 v...J-M1N aTt71J, NO
NOV 2 0 2017
252.808.2808 :: 1-888-4RCOAST :: www.necoastat_ma_naa ement.net revised: 12/27/06
Form QCM MP-4 (Structuies, Page 4 of 4)
RECEIVED
a. Proximity of structure(s) to adjacent riparian property lines
23' North and SS'South
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
1000' +
e. (1) Will navigational aids be required as a result of the project?
❑Yes ONO ®NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities. JA N 17 7 2018
250' North and 193' South A L
d. Water depth at waterward and of structure at NLW or N1NL
—4.5' 0 NLW for000sed) varies existino-3.5'to4.5' NLW
8. OTHER ®This section not applicable
a. Give complete description:
114018
Date J -
Final Landing
Project Name
7;k—CiV.4's �.rA
,Aaplicant Nawt
Ap kart Signature
F tEC_iVED
DCM WILMINGTON, NC
JAN 0 9 2018
272.9084808 :: t•888-4RCOASt . :.rst+n•.nrcoastaimarvagon+znt net revised: 12,27 06
[.
Final Landina Project Narrative
The property is approximately 1.36 acres in size with a dwelling unit and a small guest house,
served by a natural sand driveway. There are currently no water dependent structures on the
property. The property is adjacent to the Atlantic Intracoastal Waterway (AIWW). This area of
the AIWW is locally know as Topsail / Middle Sound and the water classification for this area is
SA, ORW.
The property is serviced by private well and septic tank
A 4 slip docking facility is proposed for the current basin area that has historically been
accessed from the AIWW. The basin has sufficient water depths (ranging from 2' — 4' @ NLW)
for the docking facility. The traditional access channel to the basin is silted in. Historical
photographs clearly show the channel leading to the AIWW. The applicant is proposing to
dredge the basin and access to a final depth of -4' @ NLW. The dredge work would be done by
bucket to barge and the spoil material will be hauled to an upland site TBD by the dredging
contractor.
While there are no permits on record for the proposed dredging there is strong evidence that
this is a traditional navigation channel and dredging has previously occurred. Applicant has
included aerial photographs from google earth images dating back to 1993 and an old aerial
photographs (dates unknown) with clear evidence of dredging.
The water depths also show that the channel is silted in at the mouth to the AIWW. Dredging
would likely also allow better flushing of the system.
RV r_ivEO
DGWi WAN 1Np 2016 , NC
JA
RECEIVED
JAN 17 Z018
DCM- MHD CITY
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Coastal Management
ENVIRONMENTAL QUALITY
ROY COOPER
Govemor
MICHAEL. S. REGAN
Secretary
January 11, 2018
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice Combo in New Hanover County:
• Susan Hale & Laurel Brooks
• Dennis Duke
Hello Angie: Please publish the attached Notice in the Monday, January 15, 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.
CKIM
Heather Coats - WiRO
Doug Huggett - MHC
Liz Hair - USACE
Sarah Young- DCM
Sincerely,
Shaun K. Simpson
Permitting Support & Customer Assistance
RECEIVED
JAN 17 2018
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that the following applications were submitted for development permits to
construct docking facilities and perform dredging in Areas of Environmental Concern adjacent
to the AIWW, in Wilmington, New Hanover County as designated under the CAMA: On
December 29, 2017 by Susan Hale & Laurel Brooks at 221 Summer Rest Road, and on
January 8, 2018 by Dennis Duke at 1330 Final Landing Road Copies of these applications
can be examined or copied at the office of Courtney Spears, N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405,
(910-796-7423) 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 February 5, 2018 will be
considered in making the permit decision. Later comments will be accepted and considered up
to the time of permit decision. Project modification may occur based on review and comment by
the public and state and federal agencies. Notice of the permit decision in these matters will be
provided upon written request.
RECEIVED
JAN 17 2018
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive E#., Wilmington, NC 28405
910-796-7215
w
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Coastal Management DUector
ENVIRONMENTAL QUALITY
January10,2018
Dennis Duke
225 S Main Street
Fuquay-Vadna, NC 27526
Dear Mr. Duke:
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for
development of the subject property located at 1330 Final Landing Road, adjacent to Middle Sound and the AIWW,
Wilmington, New Hanover County. It was received as complete on January 10, 2018 and appears to be adequate for
processing at this time. The projected deadline for making a decision is March 26, 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 January 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.
Sincerely,
ney
Field Reoi
cc: Heather Coats, DCM Liz Hair, COE
Doug Huggett, MHC Chad Coburn, DWR (; I V E
Christine Bouffard, LPO
JAN 17 2018
CCM- MN -ID CITY
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
N0T1(01$1?aj
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AMA PERMIT
APPLIED FOR
To construct a new slip private
• 1rid, • _ _ re I 1 i• IIAll
1 1 1 /• ���i��
in
COMMENTS ACCEPTED THROUGH February 5, 2018
APPLICANT:
Dennis Duke
225 S. Main Street
Fuquay-Varina, NC 27526
Agent: Jon Giles (910) 620-1560
FOR MORE DETAILS CONTACT
NC DiV. �oasyaj aliagemerYJI
127 Cardinal Dr. Extunbiltal,
Wilmington,
Courtney Spears, Field Keprosentative
910-796-7423
0
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:��M�dc k I �T YEs t L)--e'
Mailing Address:
Phone Number:
Email Address:
I certify that I have authorized
Z Zs S MA-i.j 57-e -
�DGI CPA (Lo- 4�- >MAd L. Ca,A7
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: 13:�S d �jj AIA L
ILm14al$0l N�
at..mlI�t yproperty located at 13310 rg1641
in 16'4 atJoJ6w' County.
1 furthermore certify that l am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
4 —Z�)(k�
"Print or Type Name
��
I' AdA(Cg&-T2. (3�:CFIVED
Title
JAN 1 7 2018
3 � I , /�Z
Date DICi la MHD CITY
This certification is valid through 1*2- / /1-
RECEIVED
DCM WILMINGTON, NO
APR 2 8 2017
CERTIFIED MAIL • RETURN RECEIPT REQUESTED 07,
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: Pgtr. PhC,IL �J4! ICl L L, (,
Address of Proper, 133c1 F,i ►rA\ L^-, kk -o S LN W , � rh,' N S }o, Nc.A',, HANove
(Lot or Street #, Street or Road, City & County)
Agent's Name #:
Agent's phone #: Cito - b"W - I SL. o
Mailing Address:
ryL 2-194 L.`j
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
I have no objections to this proposal. X I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
availableat ttp•//wwwnccoastaimanaaemenfnetlweb/cm/staff-listingorbycallingl-888-4RCOAST.
No response is considered the same as no objection if you have been notified by Certified Mail
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED
I do wish to waive the 15' setback requirement. JAN 17 2018
x— I do not wish to waive the 15' setback requirement. ^; M H D CITY
(Property Owner (Information)
Signature PAV+ PAck P aecr-tle-j
Print or Type Name
Z2-5 S vy\a1 S{
Mailing Address
t'.4 •wy lrrcl�r r� N L Z1SZS,
City/SI'dte2id
cltc '-4x$
Telephone Number/Email Address
ul ►'1'at-)
Date
(Riparian Property Owner Information)
Aign'
?*tL1P c, Sm,TW JR.&P-EDtT- bi4E0'EtZ
Print or Type Name T 2�sr
14es F;wa-t Ur,.cU,k, Lug..-e-
Mailing Address
W, w`n 3kv� UC 28411
City/State/Zip
scito- �8G-7Zt5 �:he�atyk;���ec,tY,tovn
Telephone Number/Email Address
4--a8 - ID17
Date
RECEIVED
DCM WILMINGTON, NC
(Revisedh&P JbO4�017
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to 1 alrv%?Artrr �f Q.Y - t
property located at (33f) r 11A� L Ill l C't+..w P L0 . vn trv�+C-
l,C's
t•( C.
n wtt.c.
(Address. Ldt Road. att)
on
in
N.C.
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
XI 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
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (1f you wish to waive the setback, you most In@lal the appropriate blank below.)
I do wish to waive the 15' setback requirement.
—,x I do not wish to waive the 16 setback requirement.
(Property Owner Information)
Signatwe
PMdar its Nams
ILI& tesa
All Z�vl, Yt
uF t�uA..t
1iA✓w.-,t UL
Telephone Mantel
91A-418-38s3
address
1k,"
RpLtee zRt%T
Q 4tc..Y7. Co VA
I
at Complete items 1, 2, and 3. � a9,"`
oAre GIVE®
■ Print your name and address on the reverse p Addresses ,
so that we can return the Card to you.
9 eived by (Footed of C. Date of Delivery
■ Attach this card to the back 0pJ the rnailplece, JA N 17 2018
or on the front If space pernhP.
1. Article Addressed W. D D. Is deaddress from R 7
Fes livery If YES. enter 1 oow.
-4 go o� DCM-� MHD CITY
c�• a, tTrr� _1� l
Q&,,5, U.) Z �t
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3.
Z ❑ Adult Signavice ture e urre�C ° Peeglstttered Mmt-
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIII °GCAeudtliedMaiMReskted n':o�l.s NWRestncted RECEIVED
9590 9402 1400 5329 2743 79 ❑OmtffedMailRestrictedOWNery 't Mem�I�c ro DCM WILMINGTON, NC
❑ Collect on Delivery
_ estricted De1Nery Fieslricteded Con
DeRestricted Delivery 0Signature ConflrmlNeryatioc,
Z' 7015 3010 0002 0680 J398 Sigoa`� APR 28 2017
l
PS Form 3811, July 2015 PSN 7530-02-000-9053 r Domestic Return Receipt i
1
T", F.,-;AAK) iAiFiAqlp.
!.3w tsj.q .A"Of jo-;
to
-NU
Excise Tax $1,836.00
Parcel No.: R03719-002-015-000
BOOK bunt rage lb2i
BK: RB 6052
IIII I IIIIIIII�II (IIIIIII I IIIIIII
PG: 1621-1624
NN
RECORDED
2017012270
NO FEE SM.00
D4-20-2017 NEW HANOVER COUNTY, NC
STATE OF NC
08:24:27 AM
TAMMY THEUSCH BEASLEY
REAL ESTATE
BY: ANGELA JASUREK
REGISTER OF DEEDS
EXTX $1836.00
DEP
Delinquent taxes, if any, to be paid by Closing Attorney to the New Hanover County Tax Collector upon disbursement of closing
proceeds.
This instrument was prepared by: Bailey & Busby, PLLC - HAMPSTEAD OFFICE
Return to: grantse PQQUALe VQDQAAL t � o aA� qqq this wjp w C-A( 2e,kLS
Brief description for Index:
Lot 8 Edgewater Subdivision
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this the 4th day of April, 2017, by and between:
"GRANTOR"
Daniel Ray Piner and wife,
Rowena Shirley Piner
134 Holly Tree Lane
Hampstead, NC 28443
"GRANTEE"
Dennis Duke and wife,
Carolyn Duke
225 S. Main St.
Fuquay Varina, NC 27526
All or a portion of the property herein conveyed _X_ includes or _ does not include the primary residence of a Grantor.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
RECEIVED
JAN 17 2018
REC71VED
DCX,%'1MINGT0N, NC
DCM- MHD CITY
NOV 2 0 2017
WITNESSETH
The Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all
that certain lot or parcel of land situated in the County of New Hanover, State of North Carolina, and more
particularly described as follows:
BEING all of Lot 8 including the marsh land or sound immediately in front of said Lot 8 as shown
on the Official map of Edgewater Subdivision, made by J. L. Becton, Civil Engineer, in July 1926,
and of record in the Office of the Register of Deeds for New Hanover County, North Carolina, in
Book of Map 2, at Page 113 to which map reference is herein made for a more particular
description.
TOGETHER WITH a right of way over and through Lot #12 as shown on plat, the said lot
extending from a (30') thirty foot road to a fresh water lake.
SUBJECT to an easement in favor of Lot 7 and over Lot 8 for the purpose of installing a sewer line,
septic tank and drain field and described more particular as follows in an Easement recorded in
Book 1893, page 0067 of the New Hanover County Registry. This Easement shall be an easement
appurtenant for the benefit of Lot 7 until such time as it is no longer required for sewer purposes.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the
right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that
Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the
exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
(1) Ad valorem taxes for 2017 and subsequent years;
(2) General utility service easements and rights of way of record;
(3) Matters shown on maps recorded in the local County Registry;
(4) Applicable local, county, state of federal government laws or regulations
relative to environment, zoning, subdivision, occupancy, use or construction of
the subject property;
RECEIVED
JAN 17 2018
DCM- MHD CITY
i;EC'-1VE1-
bGhl'.".1MINGTON, NC
NOV 2 0 2017
HOOK bUDz Page lbz3
IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal, the day and year first above
written.
/4W41. ett�PL.P.�s (SEAL)
Daniel Ray Piner
X� ff� )� .
Daniel Ray Piner-A e
Rowena Shirley Piner
State of NC
County of Pender
Fact
RECEIVED
JAN 17 2018
DCM- MlHD CITY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he
or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:
Daniel Ray Piner.
Witness my hand and Official Seal on this Date shown.
SAG(-QLffftF����i,,
L� Date: April i , 2017
Notary Public ; O 47 �tes
Neodg�`s
My Commission Expires: 0 l 9 Go o� �1
NORTH CAROLINA ��'�i,�ORTH CPO`
PENDER COUNTY nrrwu1100
I, the undersigned Notary Public, do hereby certify that Daniel Ray Piner, Attorney in Fact for Rowena Shirley Piner,
personally appeared before me this day and being by meduly swom, says that he executed the foregoing instrument for and in behalf
of the said Rowena Shirley Piner, and that his authority to execute and acknowledge said instrument is contained in an instrument duly
executed, acknowledged and recorded in the Office of the Register of Deeds of New Hanover County on April _5; 2017 in Book
bo�9 page 3�j0, and that this instrument was executed under and by virtue of the authority given by said instrument granting him
power of attorney; that the said Daniel Ray Piner acknowledged the due execution of the foregoing and annexed instrument for the
purposes therein expressed for and in behalf of the said Rowena Shirley Piner.
Daniel Ray Piner further stated to me under oath, that he/she has no actual knowledge that: (1) the principal is deceased, (2)
that the power of attorney has been revoked or terminated, partially or otherwise, (3) that the principal lacked the understanding and
capacity to make and communicate decisions regarding his estate and person at the time the Power of Attorney was executed, or (4)
the Power of Attorney was not properly executed or that it is not a legal, valid power of attorney.
E A
WrfNESS my hand and notarial seal this T day of April, 2017. O� Pubttc
?en el COu�
?Exphes=
Pe misslo�
My Commission expires: MV Qo�OJ20� 9 v- Q E'er
Public f LMI(�j�2�1�^�r . NC
�uNdv IN
BOOK bVb2 Page ib24
�OVST 1 N
TAMMYTHEUSCH BEASLEY New Hanover County
Register of Deeds Register of Deeds
320 CHESTNUT ST SUITE 102 t WILMINGTON, NORTH CAROLINA 28401 t Jill
Telephone 910-7984530 f Fax 910-798-7716
0
6�
WE
'_ AUSHE
RECEIVED
JAN 17 2018
DCM- POND CITY
+tf tt#a}+at+tf}+at+a+f#+++ff}f#+if+##t+f a++f+f}aft+f++fa#+a+ff if a♦f+#f#f•ff++fat+a+++++i+++fa+#a+f+a+a++a+++
State of North Carolina, County of NEW HANOVER
Filed For Registration: 04/20/2017 08:24:27 AM
Book: RB 6052 Page: 1621-1624
4 PGS $1,862.00
Real Property $26.00
Excise Tax $1,836.00
Recorder: ANGELA JASUREK
Document No: 2017012270
11fit#llftt}fff#t#if#f♦#fi#tlffi+t++ffi+f}f aiaffkf♦4+if+it4aaffai}##}tf}a4}4+afftlftlffft}1lfttff t144tt4}###
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re=recording.
F EL .? VEI
Dcrw .—i-M1NGTON, NC
SIGN UP SHEET
SCOPING MEETING
Final Landing Scoping Meeting
New Hanover County
1/24/2017
Name
Agency
Phone
Email
Cameron Weaver
NCDEQ-DEACS
910-796-7303
Cameron.Weaver@ncdenr.¢ov
Robb Mairs
DWR-401
910-796-7427
Robb.Mairs@ncdenr.eov
X Ken Riley
NMFS
252-728-8750
Ken.Riley@noaa.¢ov
X Rhonda Hall
DEMLR-LQ
910-796-7312
Rhonda.Hall@ncdenr.eov
Shane Staples
DCM-Fisheries
252-9483950
Shane.Staples@ncdenr.eov
Debbie Wilson
DCM
910-796-7266
Debra.Wilson@ncdenr.gov
*Kathy Matthews
USFWS
919-856-4520 x 27
Kathryn Matthews@fws.gov
*Maria Dunn
WRC
252-948-3916
Maria.Dunn@ncwildlife.orQ
X Tyler Crumbley
USACE
910-251-4170
Tv1er.Ctumb1ey@usace.army.mi1)
Jon Giles
Agent
910-620-7560
JGiles28469@hotmail.com
Linda Painter
NHC P&Z
910-798-7068
LPainter@nhcgov.com
Tara MacPherson
DCM
910-796-7425
Tara.MacPherson@ncdenr.aov
Mike Christenbury
DCM
910-796-7426
Mike.Christenburv@ncdenr.eov
Carolyn Duke
Client
919-418-0264
deanduke@nc.rr.com
Dennis Duke
Client
919418-3853
ddukecna@email.com
David Benford
Landmark
Sotheb s
910-264-8999
David.benford@landmarksothebys.com
X Jeremy Humphrey
Shellfish
Sanitation
910-796-7367
Jeremv.Humphrey@ncdenr.Qov
X Ken Vafier
NHC P&Z
910-798-7281
KVafier@nhc og v.com
*Conference line
X Not Available
RECEIVED
NCDENR
WIL IINGTON REGIONAL OFFICIE) C M _
127 CARDINAL DRIVE
WILMINGTON, NC 28405
910-796-7215, FAX 910-350-2004
IVED
IVY H D C ITYDCM WILMENGTON, NC
APR 2 S 2017
Coastal Management
ENVIRONMENTAL QUALITY
May 2, 2017
Sa-li vA& k lvto ( (
Jon Giles
19 Creekstone Lane
Castle Hayne, NC 28429
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
RE: Major Permit Application for Pam Pack Properties, LLC at 1330 Final Landing Road, in
Wilmington, New Hanover County
Dear Mr. Giles:
The Division of Coastal Management hereby acknowledges receipt of your request on April 28,
2017, acting as agent for Pam Pack Properties, LLC, for a subdivision and docking facility at 1330
Final Landing Road, in Wilmington, New Hanover County. However, your application lacks
information necessary to complete processing.
The attached checklist indicates the deficiencies of your application. If you have any questions
concerning this matter, please call me at my Wilmington Office at (910) 796-7215.
rely,
Field Rep
cc: Debbie Wilson and Heather Coats — DCM Wilmington
Doug Huggett - DCM Morehead City
State of North Cardin I Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
9107%7215
RECEIVED
JAN 17 2018
DCM- MHD CITY
CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR PROCESSING
APPLICATION
1. PERMIT APPLICATION FORMS
Please address the following items:
• Form DCM-MP-1:
o 4. f. indicates a paved driveway, but there is no paved driveway on -site. Please update.
• Form DCM-MP-3:
o Please update form to reflect conceptual upland development to comply with
requests from the Division of Energy, Mineral, and Land Resources — Stormwater
Section to see a holistic plan of development.
• Form DCM-MP-4:
o 1. c. The width of the floating and fixed portions of the pier is unclear, please clarify.
o 1. e. The form states the platform will be 13' by 13', but the workplan drawing 3 of 4
shows a 12' by 12' platform, please update to make consistent.
• Agent Authorization Form:
o There is no agent listed.
2. TOP OR PLAN VIEW AND CROSS SECTION DRAWINGS
WORKPLAN DRAWINGS pursuant to ISA NCAC 07J .0202 PERMIT APPLICATIONS and ISA
NCAC 07J .0203 PREPARATION OF WORK PLATS.
• Please update the upper limits of coastal wetlands, as discussed during site visit on
4/28/17.
• Please include a conceptual plan for the upland development.
• Please show any required stream buffers per Stormwater requirements.
• Please show any Conservation Overlay District setbacks from any Conservation Resources
(including any resources near adjacent stream) per New Hanover County requirements.
• Please update sheet numbers so that they are sequential. Currently there are two
drawings labeled Sheet 1 of 4.
• Shading for "proposed dock" on both Sheets 1 of 4 appears to be the area of Coastal
Wetlands.
• Sheet 3 of 4 — please update size of gazebo to be consistent with MP-4 form. ,-� E C E I V E D
JAN 17 2018
State of North Carolina I Environmental Quality I Coastal Management DCM - M H D CITY
Washington Office 1 943 Washington Square Mall I Washington. North Carolina 27889
252 946 6481
Coastal Management
ENVIRONMENTAL QUALITY
May 2, 2017
Philip C. Smith
Credit Shelter Trust
1465 Final Landing Lane
Wilmington, NC 28411
Dear Mr. Smith:
ROY COOPER
Govemor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
Thank you for your letter dated April 28, 2017 concerning the Coastal Area
Management Act (CAMA) Major Permit application submitted by Pam Pack Properties,
LLC, in which permission was requested to subdivide a parcel, construct a docking
facility, and conduct dredging adjacent to your property located in Wilmington, North
Carolina. As you may be aware, the Division of Coastal Management is coordinating a
multi -agency state and federal review of the proposal. I can assure your comments will
be examined and taken into consideration prior to the Division taking final action on
this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments
will be added to the official permit application file for this project. Please feel free to
contact me by phone (910-796-7423), or email (courtney.spearsOa ncdenr.gov) if you
should have any additional concerns relating to this project.
Courtney
Field Re4
Sincerely,
RECEIVED
JAN 17 2018
DCM- MHD CITY
State of North Carolina i Environmental Quality : Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension '1 Wilmington. North Carolina 28405
9107%7215
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: Cape Fear River
Fee: $4100/ # 3190
CDAITS MHC cc
Applicant: '-
r1 l
R E
E
I V E
D
Agent/Contractor: Jon Giles
Project Site County: New Hanover
Staff: Courtney Spears
District: WAmington
Project Name: Final Landing Road
Rover File: n1a as
Initial date of application submittal: 4-28-17
Date application 'received as complete' in the Field office: ` D
Permit Authorization: ❑ CAMA ❑ Dredge & Fill oth
SITE DE?CRIPTION/PERMIT INFORMATION
ORW: es ❑No PNA: ❑Yes o
Photos Taken: Yes No❑
Setback Required (riparian): ❑Yes No
Critical Habitat: ❑Yes LJNo of Sure
15 foot waiver obtained: LjYesLXNo
Hazard Noit tion Returned:
❑Yes o
SAV: []Yes ❑No X6ot Sure
Shell Bottom: []Yes []No Not
Temporary Impacts: Yes ❑No
Sure
Sandbags: ❑Yes o ❑ Not Sure
Did the land use s cation come
Mitigation j3ee quired (optional):
from county LUP: YJYes []No
❑Yes �
Moratorium Conditions:
Environment Assessment Done:
Length of Shoreline:
[]Yes[]No�NA
❑Yes ❑Nor
FT
Area Designation:
Project Description: (code)
Development Area: (code)
Open - r- Closed
Q
D - 01q
DARY WATER CLASSIFICATION
— OPTIONAL (choose MAX
of 4)
Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW)
❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
(SS) Glasswort ( Salicomia sp.)
wetlands)
El (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
(SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
El (SC) Bullrush or three square (Scirpus
El (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
C1 (SP) SaWmeadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
El 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
can be applied - $250
acre; 3490 can't be applied - $400
El Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
X IV Any development involving D&F of
permit - $100
permit -$250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
LJ 11. Public or commercial/no dredge
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
III(C) Priv. public or Comm w /D&F to 1
a ; 3490 can be applied; DCM needs
DWQ agreement - $400
Pam Pack Properties, LLC
Date: 4-28-17
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order. and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
��—
New WorkA
Repla
AN
Maint ❑
❑ Y
New Work
Repla
Maint ❑
❑ Y N
New Work
Replace
Maint ❑
❑ Y N
New Work Lj
Replade
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts
amount
Dredge ❑ Fill ❑ Both ❑ Other
lX 43
G {IV
Dredge ❑ Fill ❑ Both ❑ Other
( -7 A
Dredge ❑ Fill Both ElOther ❑
4' Z-V b�l
Dredge Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733.2293 :: 1-888-4RCOAST :: www.r ccoastalmanagement.net revised: 10/ 1 Z06
MAJOR PERMIT FEE SCHEDULE
Tt
DCM %
DWQ %
Development Ta
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
0% $0
II. Public or commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$400
100% $400
0% $0
III. For development that involves the filling
and/or excavation of up to 1 acre of wetlands
and/or open water areas, determine if A,B, C,
or D below applies:
III(A). Private, non-commercial development, if
General Water Quality Certification No. 3900
See attached can be applied:
$250
100% $250
0% $0
III(B). Public or commercial development, if
General Water Quality Certification No. 3900
See attached can be applied:
$400
100% $400
0% $0
III(C). If General Water Quality Certification No.
_ _ ----
--- - __
3900 (see attached) could be applied, but DCM
staff determined that additional review and written
\�
DWQ concurrence is needed because of
\
concerns related to water quality or a uatic life:
$400
60% $240
40% $160
III(D). If General Water Quality Certification No.-
3900 see attached cannot be applied:
$400
$240
40% $160
IV. Development that involves the filling and/or
excavation of more than one acre of wetlands
and/or open water areas:
$475
60% ($285)
40%($190)
RECEIVED
JAN 17 2018
DCM- iv1HD CITY
Date
Date
Check From (Name)
Name ojPermit
Vendor
Check
Check
Permit Number
NOTES
Received
Deposited
Holder
Number
amount
5/1/2017
Jon Giles/Angela
Pam Pack Properties
NCSECU
3190
$400.00
major, 1330 Final
CS rct. 3382D split
Giles
LLC
Landing Rd, CasBch
1
$240 DCM
1
BrCo
$160 W
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JAN 17 2018
DCM- MHD CITY \\�`
ALL WATER DEPTHS REFERENCE NORMAL LOW
WATER
_2•
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— — — — — ...... ...... — — — — — — — — — —
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SECTION A -A
N
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136'L
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I
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W
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910-620-1560
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DCM- MHD CITY
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NEW HANOVER COUN"'
NORTH CAROLINA
OWNER: DENNIS & CAROLYN DUKE
225 SOUTH MAIN STREET
FUOUAY-VARINA, NO 27526
919 552-8000
DATE: NOV. 7, 2016
SURVEY REFERENCE: DEED BOOK 6052 PAGE 7627
TAX PARCEL No. R03719-002-015-000
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LAND SIRWY(RS ENGWEERS LAND PLANNERS
00 P5 0 50' 1123 FLORPI. PARKWAY
® WHONINGTpI. N).C. 2RdOJ
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