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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. ��\so;» 0 J„' yrLY)y1�U Qf �7� 1%wd,y JS7�'ppy C"7)ury1 1 MvL51 a� �21"'vfiolt�^til® df �2�� �vadS7J !�J� ,-P )-Vw �'^i'%rf �?ti'3S! 81�ellS 9, -21LA4 vrty "A f00T A zsvo�s-o �, 04,l YYv - v'd 81/8Z/2 �� Sb�}rv.�o � swrt� U'D!-ty� � Idc� �s �jo-J rpvv►�vi .� p��.sa� �Za ?1� sb JA p bY*G sus vp a' au i �a3gQ s� :anl;e;uasatdax plai3 :.ao;umpaooj;imaaa �2I-43sNvxl lymaNam (low HOKIN QOW HOrvw MaN Milat, zegi lie 115y0a ,L :;ueat;ddy OWN uIs ao.cd U091-115-11TTV Juama L'UUW 119Jse 3 3O UO!S!A!Q 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 R�Gs\Jo,O 3,�p16 �Py ti NO G�� O 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 aPR 2 4 M8 1 r I I♦ I I I \ 1 \ 1 ( I/ r/// I I I I \ \\ rarC \ \ \ \\\\\\ \ I/ I/// I I♦ I I♦ I 11\ / I / I I / I / ♦ I / / / / \I I/ I /� I/ I I/ I♦/ I ; ♦ I VWL ///♦♦ y / _ _ _ _ _ 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 0 �M �m � st4v zSURF - zo Z-' O z z 0 9 p 2 NC Cotlstal Mana�dnent wwa�wNrK m 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 te31JUAvenue 9ouln ._ 9 pgy�yq, Fldlda }9i01fi6us �.t�ery�ra,aWa.ea 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" Q 1 CAW) W w" ; H MIA ISOU xm,'1.60 jq0dr; 00 wwjwj� W."I jr!�jvqo�.jvu! Whe IN; - vi JIVI/I 1-915 WO "InA 10 E 0>1 (I 6F 1010MI Whi Unwif v phly n J& 10 w '"; w; Q lwy, HWINKi 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 !W 61 wAnq or" AM& hOw"wr; 1 P j. plum F! NO! 1 415 WL rK P 01 Sol 141 WrIlWe 1% % 11"1001 'iC j ')Jj'jj jnf rxvi I JwA ivywON YqoD 6 ;of wd xwX vin,"ov( riL.i*vfq .1F;o,.,4brh, lil-, bo ; flonigh-o' 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, at imhoq -)nif) 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 3' " The po=-' ftshalf. vbOTh a O"WeAttoGuess GQvet meat the rorg the W,Umig&mDIW!qt'AL ( 4qrdi*qrp of Corps basement 9 _qnd�� � -- , gigro, qm,, _t prior to:commencing construct'lorLofany structme4,-authorizeddredift oi.d&iw. ftytb,,4 feddialty.&M I Mod VA'Coa8t S. Allmoik -Cdby 0., The Piq and pLCPIP*40t'n4'ovqr w minimum of 3 feet) above the wetlandzubsttateAopiev or 6tifee ef d"10 'a-q- -4 a-ticehivikonffe'Int. signal 1-1d compliance with the twcbie qnders*d*a1,ad agrees ftfi require -ft rmo -other on f 0" �of-_tl9t*q fiq*40 aI a if, intha opinion of the Sciaretat-yof the Abny dt,1194uthorized represeritxtive, said structiiro or Wahl sha daiise bfifibasonAblebbWadtionto om p "' *veil be JOT 0O' woxlr or Qbstruc Ions 04 aW Wo'll'to fuA640m, TUOTstmotim ls4pgme of hV as. kthe'ReAdttPq of Wag proper fts pejji.4f-.ftW 'e',qom ed.,eli p r steps t *4eture�sqilt rpoxed be* will -not be danI4ge4 byw'aye Wash., ert6re�,'Miffitm palm." The, assoclatod notivittnmm 10�: righi to free -111avigaflo-now-a mpf wallbe �uiad`o�, -navigabje waters. of'jhe IWW ta es No ade b-y ft pqmftp tq-pgAyqntIheIfull and'O muse by* OJJeqfaUjgLv j.i- 4 or gljacent to the &A 4wai# Mason.othertbansarcty, theitlaus attachodlo this pofti�. lid oxeavaion� fill or, nje: iti6a Sbajlq*V* c0'44ty joe'itl the, f"oustmetionor molntenanee of tins }roteefe i#i,such a raam?ex as ttr impair normal haws attd circtIattgnpafemrs. papproved porout, 10 wavaionfill ox. mechanized , AA4elpaiiqg achvlttes shah tice pittco.at any tirrre in r, ; r 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. dg,. t�rny. 6:frffi� Oft, loguigfory'Diviplop, tx e-iPqpjesfuqishqd.; tJSEIIvA, W TO#4,AlUABbVers Moms; AN NCD-E-QI,-DCMj-I%ftI,D� OUFAurett lqcEQ m a-NODEQMWR�fir. Chad Coborli ported -iftwriting to t6 Wilb5ihgtoA"'D,!sfi4d e"Auft)A discovery -,of itie iolaibt, WLUxw wftiu�A�m 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 m r`s Y. lip v It to :5L 4' . t n FF .r h _. �' ,� �,_ _� �, �, F . u,,. ��'. i � .. 1 ,r s _ .s 40 ov } 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 w !n U > N Q W�= U Z w Q , g � U 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 ..iy"M.a'i � O 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 a U Q o Q r LU Z Q � _ 1 � U A 3 / / OF If 39' a�� / ♦ / / / / LEGEND PROPERTY LINES - - --- - - NORMAL HIGH WATER COASTAL WETLAND LIMITS RIPARIAN CORRIDOR - • - - • - EXISTING PIER HEADLINE - - — - — - - EDGE OF CHANNEL NLW 0 COASTAL WETLANDS 72' I / / 7 3' / / / r r r / r r / / / I I I I / / I I / I I I / / CO / / / / / / / / / / L RECEIVED\ JAN 17 2018 DCM- MHD CITY \\�` ALL WATER DEPTHS REFERENCE NORMAL LOW WATER _2• , 3' \ _q• �. Qy 20' PVO� ���t-' --;v ;�� ;lei .:ALN11NGl NOV 2 0 21 J. W. GILES CADD & CONSULTING SERVICES 910-620-1560 co uJ .` N W Z S W Q a � z N � Q N Z � � � Q 2 cn Q N � W J LL j 7 M Y m w Z K 2 � o O ti lA II O N I.- O O N O di 0 - a o� � o N Lu � z im Z 2f U LU z z N(-in � O LLI cn z z Odi c� J \ \ \ 13' x 13' GAZEBO r// /// / / r°% (2)4' X MANGER PIERS / \ —2� 1 � 3 \\ I 6' x 25' PIER ELEVATED 3' ABOVE CW� ` t�7 3 � • T r r i � \ � O / ` o O 0\ �J \ \ \ \ LEGEND \ PROPERTY LINES \ NORMAL HIGH WATER COASTAL WETLAND LIMITS - - RIPARIAN CORRIDOR EXISTING PIER HEADLINE — - — EDGE OF CHANNEL — — — — NLW a • COASTAL WETLANDS J 0 co N ull N C> J W Z S Lu z Z M Q N CY tL 'n L� N LL- IN 2 .n c� LL 0 -3,5' -4,5' 3, N o \ 11 N ® O 76" \ cp " o in 10 �1� 4 i / o' 20' 60' 6o'RECEIVLWATER DEPTHS REFERENCE NORMAL LOW WATER JAN 17 2018 - 2' \ SFTB < o L ...... ...... _.-•.\ \ J Lu \ Z J c.i oin z z N O V 2 0 201 I 0 o No z z a LL J. W. GILES c CADD & CONSULTING SERVICES 910-620-1560 aL� UPPER & LOWER LIMITS OF CW NHW (2' NLW) NLW (0.0' NLW) — — — — — ...... ...... — — — — — — — — — — 693 Cubic Yards ----— ----- 935.7 Sq. Feet— -- --- SECTION A -A N N OSOATING DOCK 136'L 20' HIGHGROUND 20, I UPPER LIMITS OF CW NHW (2.0' NLW) LOWER LIMITS OF CW NLW (0.0' NLW) GAZEBO AND WALKWAY (MIN T ABOVE MARSH) 12" PILINGS Lo C V, Lu ` C)Lu � N �O LEGEND NORMAL HIGH WATER EXISTING SUBGRAGE 5 NLW J U w SECTION B-B SE C- SECTION D-D - - - - - DREDGING — — . — NLW LQ� z z EON _ ® — ® AREA OF EX ppNN o Z z JAN 17 2018 SECTION E-E oGtiI1.4L'PAIfNYG'f0N ^' :5 z D9M- M H D (R&ES: NOV 2 0 2017 o o z 0 z o zs so 1) ALL WATER DEPTHS REFERENCE NORMAL LOW WATER J W. GILES ,L o — 2) TOTAL EXCAVATED MATERIAL 693 CUBIC YARDS CADD & CONSULTING SERVICES W 3) EXCAVATION NOT TO EXCEEDS -4.0' NLW 910-620-1560 Dw N/19110 w \ 575' AEC \ \ -" \ 75' COAL 30'BUFFER v \ \ LEGEND - - PROPERTY LINES - - - - - - NORMAL HIGH WATER COASTAL WETLAND LIMITS 15' SETBACK LINE - - • - - • - EXISTING PIER HEADLINE ------- EDGE OF CHANNEL NLW PROPOSED DOCK ....... ... ... � � 1 RECEIVED / JAN 17 2018 DCM- MHD CITY / J. W. GILES CADD & CONSULTING SERVICES 910-620-1560 FA EON N ry Lj � w z G Lu _z c z j � N Ci 1� Q N L.1.. 0 w L L O N w m w � o o p 11 C N O N p w=0 Qom o #VE1 vi'. aM GTOP NOV oa�7 r MINOR DIVISION OF 1330 FINAL LANDING LANE HARNETT TOWNSHIP 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 [ER IKiGgiE AT IT.¢ WrI,E -NEW HµO.ER CWNJJ ROM PLAN NANA(£MENi (11EI WASS, CLAIIPY M<+RNCM iU d2MN0 µY a0.EfMNr OR ANY CMKYµ¢ RM A MOFECNE SLYER. I (NE) WALL INEPARE AND NO,, AND ME WYER OE ME "Ao' IEN. ES+A+E .' "MY' AND SAW A "AIEMEN' MWCN MLY AND Ag EAMY DISCLOSES MAT WE SAMS"I "ALA Y"M. ASP I S' Wl SM�CI NEAL ESTATE. " .PEO AN.A NrrAe�NJ°, 19E° x DY NANmreR DO PLAIN M ¢AAnMS PRI(A N WE ISSUANCE M .1TNDLn. LFNMHS. DATE SNATwE Lw ONA'ER(S) CERnFlGTE 6 OMER.".. 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