HomeMy WebLinkAbout119-18 JAM PropertiesPermit Class
NEW
Permit Number
119-18
STATE OF NORTH CAROLINA ,
Department of Environmental Quality
and
Coastal Resources Commission
,permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229 ocu* 2 4V18
Issued to JAM Properties Inc c/o Dan Smith 1828 Sir Tyler Road 5
Wilmington, NC 2840
Authorizing development in New Hanover County at adj. to Banks Channel, 106 N. Channel
Drive Wrightsville Beach , as requested in the permittee's application dated revised 07/20/18. including
attached workplan drawings (3)1 of 3 dated revised 08/02/18 2 of 3 dated revised 07/20/18, and 3 of 3 dated 09/06/18.
This permit, issued on October 25, 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 fines, imprisonment or civil action; or may cause me perms to oe nuu W,u vu,u.
Docking Facility
RFc,�IV4
Noly
1) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
may
(See attached sheets for Additional Conditions)
or
qualified persons within twenty (20) days or the Issuing Cate.
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.
and
t-natrman of the i.oastai rcesourcc� a,uum, WVU.
Iw�l- Y &
Q Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Petmittee
JAM Properties, Inc.
ADDITIONAL CONDITIONS
Permit No.119-18
Page 2 of 3
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 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) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the "upland property line meets the water's edge.
6) This permit authorizes a maximum of two (2) formalized boat slips.
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, and the structures shall not exceed the established
Wrightsville Beach pier head line.
Bulkhead & Riprap
9) The authorized bulkhead shall be constructed in the same alignment as depicted on the attached workplan
drawings.
10) No backfill material shall be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
11) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
12) The bulkhead shall be constructed prior to any backfilling activities.
13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure.
14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or
other suitable materials approved by Division personnel.
15) All backfill material shall be clean and free of any pollutants except in trace quantities.
JAM Properties, Inc. Permit No. 119-18
Page 3 of 3
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
16) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
17) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed
immediately landward of the bulkhead cap immediately following completion of backfilling activities.
General
18) No development activities authorized by this permit shall be initiated until such time as the purchase of
the property by the permittee has been finalized.
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.
22) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit
197800056 (Action ID No. SAW-2018-01894), which was issued on 10/19/18.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2018-
01894. RECEIVE j)
NOTE: An application processing fee of $250 was received by DCM for this project. NOV - 2 2018
DCM-A4HD C,n,
III-15 OW MP L-u
Nov -
2 ?01
pC�9 �y0 C/J),
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
w
1) APPLICANT: IAMProperties, LLC COUNTY: New Hanover
PROJECT NAME: Dock & BH Replacement
LOCATION OF PROJECT:106 N. Channel Dr., adjacent to Banks Channel, in Wrightsville Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-24-18
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: Tara Ma
cPherson'�
DISTRICT MANAGER REVIEW: ✓�
B) DATE RECEIVED BY MAJOR PERMITS UNIT:.#1A1JB
PUBLIC NOTICE RECD: 9-12-18
ADJ. RIP. PROP NOTICES RECD: ✓
APPLICATION ASSIGNED TO: Sm rS
C) 75 DAY DEADLINE: J� Joy g
MAIL OUT DATE: 9-7-18
FEDERAL DUE DATE:
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WHAIVVVGTON
FEE RECD: $250/#4746
END OF NOTICE DATE: 10-3-18
DEED RECD: ✓
ON:
150 DAY DEADLINE:
STATE DUE DATE: 10-3-18
FED COMMENTS RECD:
PERMIT FINAL ACTION: ISSUEJq?VL� DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Division of Community Assistance
9 / I �
X
Division of Coastal Management-LUP Consistency
(0 23
Public Water Section (DWR)
Land Quality Section (DEMER)
(Q to
Division of Water Resources - 401 Section
10 Z /tb
Storm Water Management (DEMLR)
e L� W vvt WLX �
State Property Office
f
Division of Archives & History
Q�
Division of Marine Fisheries - Shellfish Section
I fl
Division of Highways (NCDOT) d Z
RFC
Wildlife Resources Commission
Local Permit Officer
2
Division of Marine Fisheries - DCM
(O /0?
y(
Corps of Engineers - Regulatory Branch
10'
SE P a18 `O 1W
CFO
11018
NILL'i'D
Spears, Courtney '
From: Coburn, Chad
Sent: Thursday, October 25, 2018 2:51 PM
To: Spears, Courtney
Subject: RE: [External] 2018-01894 106 N. Channel Drive
Hey Courtney,
Yes, no written approval for this one. Will send out the memo form today!
Chad
-----Original Message -----
From: Spears, Courtney
Sent: Thursday, October 25, 2018 1:58 PM
To: Coburn, Chad <chad.coburn@ncdenr.gov>
Subject: FW: [External] 2018-01894 106 N. Channel Drive
Hey Chad,
I know JAM Prop Inc's app for 106 N Channel says its still under review in Laserfiche, but can you tell if it will be no
written concurrence? The Corps issued a GP 56 and shellfish had no comment (both attached).
Thank you!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtney.spears@ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
----Original Message---- RF
From: Folta, Christine W CIV USARMY CESAW (US) <Christine.W.Folta@usace.army.mil>
Sent: Monday, October 22, 2018 11:03 AM
To: dan@shp2.com; clementsmarineeco@bellsouth.net Nov
Cc: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI>; Spears, Courtney PC44 21p18
<courtney.spears@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov>; Coburn, Chad �/�b
<chad.coburn@ncdenr.gov>
Subject: [External] 2018-01894 106 N. Channel Drive
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:report.spam@nc.gov>
Good Morning,
Please see the attached GP 56 for 106 N. Channel Drive, Wrightsville Beach, New Hanover County, NC. Please let me
know if you have any questions.
Thanks, Christy
Christy Folta
Regulatory Program Technician
U.S. Army Corps of Engineers
69 Darlington Ave
Wilmington NC, 28403
(910) 251-4637 (Ph)
(910) 251-4025 (Fax)
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at:
http-.1/corpsmapu.usace.army.mil/cm_apex/Pp=136:4:0
ROY COOPER
cnvemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS 4D
Director,
Dwwan ofCoastol Management NORTH CAROLINA
Environmental Quality
September 7, 2018
TO: Mark Zeigler
DCA-Rural Economic Dev. Divison
Wilmington Regional Office
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtney.spears(o)ncdenrgov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: JAM Properties, LLC
Project Location: 106 N. Channel Dr., adjacent to Banks Channel, in Wrightsville Beach,
New Hanover County
Proposed Project: to replace an existing docking facility and bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by October 3, 2018. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245
when appropriate, in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed. RFCF/V�
"additional comments may be attached"
Noy,
This agency has no comment on the proposed project. �)C4#
This agency approves of the project only if the recommended changes A10
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED %i i 4A-4C DATE a I l o 1 l ECE
RECEIVE
S 0 2018
SEP 11 2018 tl
DCM WILMING NC
State of North Carol udi� �ylprppgpnp� M.T.j VATP'emem
127 Cardi ��I1t �0.4t�'mm or, T� �2�8405
919 796 7215
PIc
MEMORANDUM
To: Courtney Spears
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Jam Properties,
Wrightsville Beach — New Hanover County
Date: October 23, 2018
Consistency Determination:
the
The applicant proposes to replace an existing poured concrete bulkhead with a vinyl
bulkhead and replace a docking facility along the edge of Banks Channel. The project is
located at 106 N. Channel Drive, adjacent to Banks Channel in Wrightsville Beach, New
Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and PT.
Waters at the project site are classified as SB and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2005 Town of Wrightsville Beach
Land Use Plan and offer the following comments.
The general area of the project is classified Developed, while the AECs impacted by the
work are classified as Conservation/Resource Protection.
In general, the Town of Wrightsville Beach allows development in
Conservation/Resource Protection classified AECs which is consistent with the State's
minimum use standards. The Town of Wrightsville Beach Land Use Plan contains some
policies, which exceed the State's minimum use standards including those for piers and
marinas. However, none of these more restrictive policies seem to be applicable to this
project.
This project is consistent with the 2005 Town of Wrightsville Beach Land Use Plan.
Cc: File RFC��V�D
Nov
2
ROY COOPER
Govemor
MICHAEL S. REGAN
Secrelary
BRAXTON DAVIS 4D 1t/�
Obeclor, !1 _'� f'*�
Division of('wwat MmwRemem NORTH CAROLINA V
Environmental Qxalin
o;1,^ Sep o I
September 7, 2018 o,i ,20%B
W/R8 p ; pdd a
vb/ichc; I �tryvot.
TO: Heidi Cox Iters, cA:
Regional Engineering Supervisor
Public Water Supply-WiRO
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(a)-ncdenr.aov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: JAM Properties, LLC
Project Location: 106 N. Channel Dr., adjacent to Banks Channel, in Wrightsville Beach,
New Hanover County
Proposed Project: to replace an existing docking facility and bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by October 3, 2018. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. FCF/VF
"*additional comments may be attached"" /jo p
This agency has no comment on the proposed project. �Ctij M 7
This agency approves of the project only if the recommended changes C/jy
are incorporated. See attached.
This agency objects to the
comments.
SIGNE
project for reasons described in the attached
DATE 16 ! � b D
RECEIVED
State of North Carolina [ Environmental Quality I Coastal Management 0 C T 0 5 2018
127 Cardinal Drive Ext., Wilmington, NC 29405
9197967215 DCM WILMINGTON, NC
ROY COOPER
Goee
MICHAEL S. REGAN
e,"W"ty
BRAXTON DAVIS
Dimclor,
Division oJCoetnal Management
September 7, 2018
TO:
Dan Sams
District Manager-DEMLR
Wilmington Regional Office
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spearscDncdenrgov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: JAM Properties, LLC
Project Location: 106 N. Channel Dr., adjacent to Banks Channel, in Wrightsville Beach,
New Hanover County
Proposed Project: to replace an existing docking facility and bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by October 3, 2018. If you have
any questions regarding the proposed project, contact Tara MacPherson,at (910) 796-7245
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. FCF/j/�t
.*additional comments may be attached"
Npl/ ,
This agency has no comment on the proposed project. OCM
This agency approves of the project only if the recommended changes 400C/7),
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE 44"boNjil,4111AA W00
810Z 9 0 100
State of North Carolina I Ea ironmenlal Quality! Coastal Management M/ `I:3J3a
127 Cardinal Dnw Exc, Wilmington, NC 28405
919 796 7215
Mt4 t
ROY COOPER
(a,ye,„.
MICHAEL S. REGAN
BRAXTON DAVIS
Director,
DIyla,an&f(a, ta7Marwgemenl NORTH CAROLINA
Environmental Quality
September 7, 2018
TO: Tim Walton
Dept of Administration
State Property Office
RECEIVED
SEP 11 2018
DOA
STATE PROPERTY
OFFICE
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtney.spearsCaD-ncdenrgov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: JAM Properties, LLC
Project Location: 106 N. Channel Dr., adjacent to Banks Channel, in Wrightsville Beach,
New Hanover County
Proposed Project: to replace an existing docking facility and bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by October 3, 2018. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
` t^ t a k **additional comments may be attached** NRF�'�iV�O
✓ I his agency has no comment on the proposed project. oV ,
�] 1 , 0 rl 0 2 01
O n This agency approves of the project only if the recommended c�y
(-or CO Ke�pl are incorporated. See attached. b C/r),
This agency objects to the project for reasons described in the attached
comments.
SIGNED
DATE l I�_—1
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ezt., Wilmington, NC 28405
919 796 7215
; IF_t_.I:.VED
VCM WILMINGTON, NC
SEP272010
Ft� �
Received: 09/20/2018
State Historic Preservation Office
ROY COOPER
MICHAEL S. REGAN ER 18-2823
BRAXTON DAVIS
1b *. NIIRn/rj,ROLINf
o,.a ql._-..,a.a..,.� t Due -- 9/28/18
September 7, 2018
A- ruG �5C f;
TO. Renee Gledhill -Early
Dept. of Cultural Resources /
Archives & History
FROM Courdtsy Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.soearsgDoodenroov
Fax: 910-395-3984 (Courier0+1i-W)
SUBJECTCAMA/Dredge & Fill Application Review
Applicant: JAM Properties, LLC
Project Location: 106 N. Channel Dr, adjacent to Banks Channel, in Wrightsville Beach.
New Hanover County
Proposed Project: to replace an existing docking facility and bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and
at the address above by October 3, 201 & if you have
any questions regairdikV the proposed project, contact Tara MacPherson at (910) 796-7245
when appropriate, in-depth comments with supporting data is requested
REPLY: This agency has no objection to the project as proposed. Rtt`Co/�
"additional comments may be attached" O
�. This agency has no comment on the proposed project. NOV
r3r.,, Z?D18
_ This agency approves of the project only if the recommended changes'^-,M
are incorporated. See attached HD Cj1�
This agency objects to the project for reasons described in the attached
comments
SIGNED DATE��I I� '
^�,.1WILMIN�TCN NC
s�arN �.sa SEP . 1 2018
In c.aw om. IV. N++i.pon. uc:e/us
919 7% T21 ]
oc
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS 4D
Director,
Division of Coastal Mmagement NORTH CAROLINA
l nvironmental Quahri
September 7, 2018
TO: Shannon Jenkins
NC DMF
Shellfish Sanitation Section
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtney.spearsCfncdenraov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: JAM Properties, LLC
Project Location: 106 N. Channel Dr., adjacent to Banks Channel, in Wrightsville Beach,
New Hanover County
Proposed Project: to replace an existing docking facility and bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by October 3, 2018. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. R�CFy
"additional comments may be attached"" V`CO
/VOv
X This agency has no comment on the proposed project. ,JC 2 Z018
This agency approves of the project only if the recommended Change��/O C
are incorporated. See attached. /Ty
This agency objects to the project for reasons described in the attached
comments.
SI DATE 0
_ D
V%vt ova U 6, et. OCT 15 2018
State of North Carolina I Environmental Quality I Coastal Management MP SECTION W I RO
127 Cardinal Drive Est., Wilmington, NC 29405
919 796 7215
04L
ROY COOPER
Governor
MICHAEL S. REGAN
S""Ia,V
BRAXTON DAVIS
Dlro<m..
Division of 'o val Management
September 7, 2018
TO:
David Harris
NC DOT
Roadside Environmental Unit
RECEIVED
SEP 26 2018
NC DOT
DISTRICT 3
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(CDOcdenr.gov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CA MA /Dredge & Fill Application Review
Applicant: JAM Properties, LLC
Project Location: 106 N. Channel Dr, adjacent to Banks Channel, in Wrightsville Beach,
New Hanover County
Proposed Project: to replace an existing docking facility and bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by October 3, 2018. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. RFC
"additional comments may be attached" Fi�FO
This agency has no comment on the proposed project. N011
O�� � 21p�$
This agency approves of the project only if the recommended ch 3*0
are incorporated. See attached. C/ry
This agency objects to the project for reasons described in the attached
comments.
SIGNED /fN.X �AM�^r/ DATE�1?%/7a1-
IGNEIVED
OCT 022018
Statc ofNonh Carolina l Environmental Quality I Coastal Management DCM WILMINGTON NC
127 Cardinal Dnve Ext, Wilmington, NC 28405
919 7967215
ROY COOPER CSEP
MICHHAEL S. REGANBRAXTON DAVIS /krcctor. NORTH CAROUM
lJrvtrw+,�('oaval Mouryprw.wE;mimnmenfa! [hwlitySeptember 7, 2018 G 113.09. 19. o2be
CP
TO: Maria Dunn
NC Wildlife Resources Commission
For WiRO
FROM: Gourtritey.Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spearsa(�ncdenr.00v
Fax: 910-395-3964 (06wierAlmu
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: JAM Properties, LLC
Project Location: 106 N. Channel Dr., adjacent to Banks Channel. in Wrightsville Beach,
New Hanover County
Proposed Project: to replace an existing docking facility and bulkhead
Please indicate below our ages ncy'position or viewpoint on the proposed project and
° ,r, at the address above by October 3, 2018. If you have
r�frr►�ns�orrrn
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245
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 rL`I 11 / DATE 10 1 1J13 REEIVED
OCT 0 E 2018
state of Nwh Grolim[ Fivmmentd Q.Wity Coasnl Maoagcn, +it DCM WILMINGTON, NC
127 Cadmd Dme Let_ Wilmington, NC 2&f05
919 796 7215
,JA
ROY COOPER
Gm,m
MICHAEL S. REGAN
&netary
BRAXTON DAVIS
tj~or,
Dn,won-f(b rol Mawgemrnt
September 7, 2018
TO:
0
NORTH CAROL iNA
6rwingpnewal Uutlin
Curt Weychert
Fisheries Resource Specialist
MHC-DCM
FROM: GourtdgW,$pears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext.,Wilm., NC 28405 couritiev.Wearsc@ncdenr.gov
Fax 910-395-3964
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: QSA RISMf"j*iMA
Project Location: 106 N. Channel Dr., adjacent to Banks Channel, in Wrightsville Beach,
New Hanover County
Proposed Project: to replace an existing docking facility and bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by October 3, 2018, If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. RFC/V
"additional comments may be attached" F
This agency has no comment on the proposed project. "21V 122r,
This agency approves of the project only if the recommended changes g,
are incorporated. See attached. F'
This agency objects to the project for reasons described in the attached
comments.
,%JSIGNED / �� DATE ID Z lI P�
RECEIVED
OCT 0 $ 2018
State of North Carolina I P.nironmenlal Quality I Coaztal monmg mml
127 Cardinal Dnw Eat.. Wilmington, NC 28405
9197%7215 DCM WILMINGTON, NC
�K
Spears, Courtney
From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Friday, October 05, 2018 2:46 PM
To: Spears, Courtney; MacPherson, Tara
Cc: Wilson, Debra
Subject: [External] project status
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:report.spam@nc.gov>
Hey ladies,
Wanted to provide you an update on a couple of projects. See below:
Corps Action ID: SAW-2018-01894
Project Name:106 N Channel Drive/JAM propertA
County: NHC
Permit Type: RGP 56
Corps Action ID: SAW-2018-01895
Project Name: 16 N Channel Drive
County: NHC
Permit Type: RGP 56
Christy will be processing these. I'll make sure she copies you.
Hope y'all have a good weekend!
Liz
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Sarah.e.hair@usace.army.mil
910-251-4049
RFCF��Ro
NOV
4C114ho ,,
cr
NC Division of Coastal Management
Major Permit Application Computer Sheet
. in u
AEC: Cape Fear River
Fee: S--!# M /
CDAITS _ HC cc _
Applicant: Dan Smith /SWProperties LLC
AgenttContractor. Mark Clements
Project Site County: New Hanover
Staff: Tara MacPherson
District: Wilmington
Project Name: SEL Docking facility wISH
Rover File: n/a
River Basin: Cape Fear
Initial date of application submittal: 8-20-18
Date application "received as complete" in the Field office:
SITE DESCRIPTION/PERMIT INFORMATION
ORW: OYes ro PNA: LJYes No
Photos Taken: Yes NoO
Setback Required (riparian): Yes o
Critical Habitat: ❑Yes LINO WNot Sure
15 foot waiver obtained: LjYes L&Io
Hazard ification Returned:
❑YesJo
SAV: []Yes No ❑Not Sure
Shell Bottom: ❑Yes ONO Not
Temporary Impacts: es []No
Sure
Sandbags: Yes No LJ Not Sure
Did the land use Gassificat(op come
Mitigation Required (optional):
from county LUP: ❑Yes L&o
[]Yes No
Moratoriu Conditions:
Environmental essment Done:
Length of Shoreline:
�No ❑NA
❑Yes ONO UNA
El-- FT
❑Yes
Shellfish Area on:
Project Descriptio (code)
Development Area: (code)
Open -o Closed
8
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS)
Nutrient Sensitive Waters (NS
I C1 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)
❑ (CJ) Saw grass (Cladium jamaicense)
0 (SA) Salt marsh oordgrass (Spartina
El (SY) Salt reed grass (Spartina
akemiflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
(SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
III(A) Private w/ D&F up to 1 acre; 3490
C1 III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
C1 Major Modification to a CAMA Major
IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000R
E�EIVE
acre; 4144 can be applied - $400
Major development extension request -
11. Public or commercial/no dredge
NOV
$100
and/or fill - $400
, 2
I. Private no dredge and/or fill - $250
El III(C) Priv. public or oomm w /D&F to 1
J
t'�_0HO
4 canDCM needs
C�iy
DWQ agreement appppliied;
SEL Properties, LLC
Date: 6-20-18
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
+
New Work
R place
I
Maint ❑
Y ❑.N
i
New Work
place
✓J
Maint ❑
Q9,Y ❑ N
(�
_..�
I
1
New Work IR
eplace
I U
Maint ❑
Y[IN
New Work
e lace
Maint ❑
Y ❑ N
New o
fteplace
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
MID
(" 1 I
Dredge ❑ Fill Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Othe
[.,
Dredge ❑ Fill ❑ Both ❑ Other
Z
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733-2293 n 1-8884RCOAST :: wwwmccoastalmanagement.net revised: 02/26/18
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 29403-1343
October 19, 2018
Regulatory Division
Action ID No. SAW-2018-01894, General Permit No. 197800056
JAM Properties, LLC.
Mr. Dan Smith
1838 Sir Tyler Road
Wilmington, North Carolina 28405
Dear Mr. Smith:
Through coordination with the North Carolina Division of Coastal Management we have
learned of your request to replace an existing docking facility located at 106 N. Channel Drive in
Wrightsville Beach, New Hanover County, North Carolina. Coordinates are: 34.2111 N, -
77.7977 W.
On January 1, 2017, we renewed general permit No. 197800056, (copy enclosed), that
authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and
boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the
United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act
of 1899.
Your work is authorized provided it is accomplished in strict accordance with your
submitted plans, the enclosed general conditions, and the following special conditions. The
expiration date of your DA permit is December 31, 2021.
1. All work authorized by this permit must be performed in strict compliance with the
submitted plans received on September 10, 2018, which are a part of this permit.
Please read the enclosed permit to prevent an unintentional violation of Federal law. As
this Department of the Army regional general permit does not relieve you of the responsibility to
obtain any other required approvals, you should contact appropriate State and local agencies
before beginning work.
RECEIVED
OCT 2 2 2018
DCM WILMINGTON, NC
RECElVEp
NOV - 2 2018
ic4l-M"D C17V
-2-
Thank you for your time and cooperation. If you have questions, please contact Liz Hair, of
the Wilmington Regulatory Field Office, telephone: (910) 251-4049.
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Enclosures:
GP 56 conditions
Plans
Electronic Copy Furnished (with enclosures):
Clements Marine Construction, Inc.: Mr. Mark Clements
Electronic Copy Furnished (without enclosures):
NCDEQ/DCM; Ms. Courtney Spears
NCDEQ/DCM; Ms. Tara MacPherson
NCDEQ/DWR; Mr. Chad Coburn
NC Division of Coastal Management AEC: Cape Fear River
Fee: -$-40 4 .46 /
Major Permit Application Computer Sheet CDAITS _ MHC cc
Applicant: Dan Smith / SEL Properties LLC Ad
I
AgenttContractor: Mark Clements +,
Project Site County: New Hanover
Staff: Tara MacPherson s
District: Wilmington
Project Name: SEL Docking facility w/BH
Rover File: n/a
River Basin: Cape Fear
Initial date of application submittal: 6-20-18
Date application "received as complete" in the Field office:
SITE DESCRIPTIONMERMIT INFORMATION
a I
/r
ORW: Yes 1KNo I PNA: Yes No
Photos Taken: Yes No
Setback Required (riparian): Yes Mo
Critical Habitat: ❑Yes ❑No Not Sure
15 foot waiver obtained: Yes o
Hazard Nqlification Returned:
[]Yes MID
SAV: ❑Yes No ❑Not Sure
Shell Bottom: ❑Yes ❑No Not
Temporary Impacts: es ❑No
Sure
Sandbags: ❑Yes No ❑ Not Sure
Did the land use classifica 'o come
Mitigation Required (optional):
from county LUP: ❑Yes Ulo
❑Yes 1ANo
Moratorium Conditions:
Environmental sessment Done:
Length of Shoreline:
❑Yes ZNo ❑NA
❑Yes []No
El-- FT.
Shellfish Area ion:
Project Descriptio (code)
Development Area: (code)
Open -ot Closed
B
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
WETLANDS IMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
El (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
SO
(JR) Black needlerush (Juncus
El (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private wl D&F up to 1 acre; 3490
❑ III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial wl D&F to 1
Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
II. Public or commercial/no dredge
RECEIVED
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
iF P 2 6 2018
DWQ agreement - $400
,)GM-MHD 0 l ,
SEL Propertles, LLC
Date: 6-20-18
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
i
New Work
R piece
1
Maint❑
Y ❑N
New Work
Rf place
-- jj
Maint ElY
❑ N
l_0
1
New Work
Maint ❑
a lace
Y ElN
' n
l.A
NewWokt
a lace
Maint ❑
Y ❑ N
New Work ❑
eplace
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
1 O O
Dredge ❑ Fill Both ❑ Other ❑
1
Dredge ❑ Fill ❑ Both ❑ Othe
OIL
Dredge ❑ Fill ❑ Both ❑ Other
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.ncconstaimanagement.net revised: 02126/18
Major Permit Fee Schedul
/Project Name:
V 7"- 15,n r 7 r1
Development Type
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or open wate
County:
N�r—
DCM %
Fee (1430016014351000931
� lilJrLcf r
100%
Check No & Amount:
DWQ %
(2430016024351000952341)
0%
Public or commercial development that
es not involve the filling or excavation
any wetlands or open water areas: 1 $400 100% ($400) 0% ($0)
For development that involves the
ig and/or excavation of up to 1 acre of
Jands and/or open water areas,
ermine if A,B, C, or D below applies:
4). Private, noncommercial
relopment, if General Water Quality
rtification No. 4144 (See attached) can
applied: $250 100% ($250) 0% ($0)
I(B). Public or commercial development,
General Water Quality Certification No.
144 (See attached) can be applied: 1 $400 100% ($400) 0%
If General Water Quality
cation No. 4144 (see attached)
be applied, but DCM staff
nined that additional review and
i DWQ concurrence is needed
se of concerns related to water
r or aquatic life: $400 60% ($240) 40% ($1
If General Water Quality
ration No. 4144 (see attached)
t be applied: 1 $400 60% ($240) 40% ($1
Development that involves the filling6
d/or excavation of more than one acre
wetlands and/or open water areas. 60% ($285) 40%
Pietila, Tanya K
From:
Pietila, Tanya K
Sent:
Friday, August 24, 2018 2:48 PM
To:
Melissa Sebastian (melissa.sebastian@ncdenr.gov)
Cc:
Tara MacPherson (tara.macpherson@ncdenr.gov)
Subject:
Credit For Mark Clements from Clements Marine Construction
Hey there!
Check #4746 for $475 from Mark Clements at Clements Marine Construction was deposited on 06/26/2018 (Deposit
#133115).
Tara & Mark are changing this project, so Mark will not need to pay the $475 fee for the previously proposed Major
Permit.
Instead, he will be paying $250 (No split). With a change to the Fee Schedule development type from IV. to III(A). Private
non-commercial development, if General Water quality...
$225 remaining as a credit for use at a later date.
So I can pass on to Tara and Mark; Is there an expiration on this? End of 2018?
Let me know if you need anything else!
Date
Date
Check From
Name of Permit
Vendor
Check
Check
Received
Deposited
Holder
Number
amount
II
06/25/2018
6/26/2018
Clements Marine
Dan Smith / JAM
First Citizens
4746
$475.00
ma
Construction Inc.
Properties
Bank
Dri
NF
Tanya Pietila
Administrative Support
NC Department of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone:(910)796-7427
Tanya Pietila@ncdenr.gov
�o�Mn9Ca^Wrcs.-..
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
RECEIVED
SEP 2 6 2018
DCM-MHD CITY
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
6/25/2018
Clements Marine
Dan Smith / JAM
First
4746
$475.00
major fee, 106 N. Channel
SS rct. 6110
Construction Inc.
Properties
Citizens
Drive, Wrightsville Beach
Bank
NHCo SPLIT 60/40
�M
o
LU
�2
�
F-
U
O
W
Cq
_
W
�
w
N
M
U
RECOMMENDATIONS FOR Jam Properties. LLC c/o Dan Smith 9/6/18
The total area of floating dock and platform was calculated as follows:
Shoreline length = 52 ft. x 8 ft. = 416 sq. ft. allowable
Proposed fixed platform = 16 ft. by 16 ft. = 256 sq. ft.
Proposed floating docks = 8 ft. x 20 ft. = 160 sq. ft.
Total = 416 sq. ft.
The docking facility would provide docking space for up to two (2) vessels at this location. It appears that
the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(bx6), including the
eight square foot rule and the pier width rule. Specifically, the project is CONSISTENT with the use
standards set forth in NCAC 07H .0208(bx6XG)(iii), including the official pier -head line established by
the Town of Wrightsville Beach, the 1/4 width and channel location. The proposed structures would be
located entirely over open water within the applicant's area of riparian access. It is the writer's
recommendation that any permit issued should include standard permit conditions for docking facilities.
It is the staffs recommendation that the applicant's proposal to install approximately 52 linear feet of
bulkhead at the landward edge of the existing deteriorating bulkhead is CONSISTENT with the Rules of
15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 71-1.0206 (d) Use Standards
for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and Rules of
15 NCAC 71-1.0208 (bx7) Use Standards for Bulkheads. As proposed, this office has no objections to the
proposed project and any permit issued should include the standard permit conditions for bulkheads.
RECEIVED
SEP 2 6 2018
DCM-MHD CITY
0
NORTH CAROLINA
lmvimnmeota[ Oua[ip
ROY COOPER
fiaremor
MICHAEL S. REGAN
BRAXTON DAVIS
Ow,tor. Dimon nfCrmstnl Mnnagemenr
September 7, 2018
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice Combo:
JAM Properties / NH
Oak Island Beach Restoration / BR
Hello Angie: Please publish the attached Notice in the Wednesday, September 12, 2018 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the
attention of Tanya Wright, (Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Shaun��
Permitting Support & Customer Assistance
cc: MI -IC File
Courtney Spears - WiRO
Liz Hair - USACE RECEIVED
SEP 2 g 2018
DCM-MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ezl., Wilmington, NC 29405 919 796 7215
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that the following applications were submitted for development permits in Areas
of Environmental Concern as designated under the CAMA: On August 24, 2018, JAM Properties, LLC
proposed to replace an existing bulkhead and docking facility at 106 N. Channel Dr., adjacent to
Banks Channel, in Wrightsville Beach, New Hanover County, and on August 28, 2018, The Town of
Oak Island proposed to continue federal navigation maintenance dredging in the Lockwoods Folly
Inlet, with beneficial dredge material to be placed along 8.7 miles of beachfront, adjacent to the
Atlantic Ocean, in Oak Island, Brunswick County.
Copies of these applications can be examined or copied at the office of Tara McPherson, N.C.
Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington,
NC 28405, (910-796-7425) 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 October 3, 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
'FP 2 6 2018
0CM-MH1) CITY
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Jam Properties, LLC (Dan Smith) c/o Mark Clements
2. LOCATION OF PROJECT SITE: The property address is 106 N. Channel Drive, adjacent to
Banks Channel, Wrightsville Beach, New Hanover County.
Photo Index — 2006: 24-7412 N- 18 Lat:34°12'40.33"N Long:77°47'52.45"W
3. INVESTIGATION TYPE: CAMA/Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 7/9/18
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 6/6/18 Complete- 8/24/18
Office — Wilmington
6. SITE DESCRIPTION:
(A)
Local Land Use Plan— Town of Wrightsville Beach
Land Classification From LUP — Conservation
(B)
AEC(s) Involved: PT, EW, ES
(C)
Water Dependent: Yes
(D)
Intended Use: Private
(E)
Wastewater Treatment: Existing- Municipal Sewer
Planned- N/A
(F) Type of Structures: Existing- Single-family residence, bulkhead, concrete rip rap and
private docking facility.
Planned- Replace bulkhead and docking facility.
(G) Estimated Annual Rate of Erosion: N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal)
222 sq. ft.
shaded
Non -Vegetated Wetlands (Open
Water)
962 s
ed)
(incorporated)
(C) Other - Highground disturbance
=1
1040 sq. ft.
(bulkhead backfill)
(D) Total Area Disturbed: 2,224 sq. ft. (0.05 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: NO
8. PROJECT SUMMARY: The applicant proposes to replace an existing poured concrete
bulkhead with a vinyl bulkhead and replace a docking facility along the edge of Banks Channel. ECEIVED
SEP 2 6 2018
DCM-MHD CITY
Jam Properties, LLC
c/o Dan Smith
Page 2
9. PROJECT DESCRIPTION
The project site is located at 106 N. Channel Blvd., adjacent to Banks Channel in the Town of Wrightsville
Beach, New Hanover County. To locate the project site from the WiRO take US Hwy 74/76 to Wrightsville
Beach. Travel across the drawbridge and keep right on Causeway Drive. Turn left on N. Channel Blvd. just
before the Causeway Bridge leading to the barrier island and the property will be located on the right-hand
side of the road.
The project site is approximately 0.11 acres in size, which the applicant currently maintains a single-family
residence. The highground is vegetated primarily with native grasses. The project site has 52 linear feet of
shoreline frontage along Banks Channel, which is stabilized by a poured concrete bulkhead that is
approximately 4 ft. in width. Normal High Water (NHW) is 11 ft. from the landward edge of the concrete
bulkhead and associated overlapping rip rap toe. There is an 11 ft. wide stand of Coastal Wetlands (Salt
Meadow Grass - Spartina patens) along the outer toe of the existing sloping wall and rip rap on the southern
half of the property which leads to an approximately 35 ft. wide stand of Salt Marsh Cordgrass (Spartina
alterniora).
There is an existing private docking facility, which consists of a fixed pier ranging from 4 ft. to 6 ft. wide
x 109 ft. that extends to a fixed platform (15 ft. x 15 ft.), which connects (via ramp) to a 16 ft. x 16 ft.
floating dock that extends to a 40 ft. long by 6 ft. wide floating dock. The existing pier crosses the Town of
Wrightsville Beach pierhead line and is approximately 14' from the southern riparian corridor and 30 ft.
from the northern riparian corridor. According to the application package, existing water depths
surrounding the existing docking facility range from approximately -2.8 ft. to -3.4 ft., relative to normal
low water (NLW). DCM was not able to locate a previous permit for the existing facility; however, based
on historical aerial photography the existing docking facility appears to have been in place since the early
1990's.
The Town of Wrightsville Beach Land Use Plan classifies adjacent waters and high ground portion of the
property as Conservation. The waters of Banks Channel and Middle Sound are classified SB by the Division
of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of
Marine Fisheries and they are CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to replace an existing poured concrete bulkhead with a vinyl bulkhead and replace
a docking facility along the western edge of Banks Channel. According to the application package, the
existing wall is 4 ft. in width, due to the concrete slope, the new vinyl sheet pile wall would be installed at
the waterward edge of the existing wall/rip rap along the western edge of Banks Channel. The new wall
would be at the landward edge of existing Coastal Wetlands, consisting of Salt Meadow Grass (Spartina
patens) on the southern side of the property. The new alignment would be positioned an average of 7 ft.
landward of the normal high water line (NHW). The proposed wall would be tied to the adjacent bulkheads
located on either side of the applicant's property with wingwalls.
The configuration of the existing docking facility currently provides dockage for up to four (4) vessels, but
that slip count would be reduced to two (2) under the proposed re -configuration. Based on drawings
provided by the applicant, the existing docking facility is shown to be located within the adjacent 15'
riparian corridor setback along the northern side of the property, and the applicant is proposing to relocate
the entire facility to eliminate this encroachment. The application states that a new 6 ft. wide by 128 ft. 19WCEIVED
SFP 2 6 2018
17CM-MHD CITY
Jam Properties, LLC
c/o Dan Smith
Page 3
pier would be constructed in the center of the property extending waterward from the new proposed
bulkhead. The pier would extend to a 16 ft. wide by 16 ft. long covered fixed platform leading via ramp to
a 8 ft. wide by 20 ft. long floating dock running perpendicular to the shoreline. As designed, the proposed
facility would provide dockage for up to two (2) vessels and would terminate at the Town of Wrightsville
Beach pierhead line. Existing water depths in the vicinity of the proposed docking facility range from
approximately -2.8 ft. to -3.0 ft. at NLW. In total, the proposed facility would extend approximately 180
ft. from the waterward edge of the proposed bulkhead.
10. ANTICIPATED IMPACTS
The proposed structures would incorporate approximately 1,184 sq. ft. of Estuarine Waters and Pubic Trust
Area, essentially within an area currently usurped by the existing docking. The proposed structures would
extend approximately 180 ft. into a waterbody, which measures approximately 790 ft. across. This distance
does not exceed the quarter width of the waterbody, nor does it exceed the established pier -head alignment.
The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area
requirement and would accommodate up to two (2) vessels within water depths ranging from approximately
-2.8 ft. to -3.0 ft. at NLW.
The proposed bulkhead would result in the filling of an area that is currently above NHW. Total high
ground disturbance, as a result of the bulkhead installation, would total approximately 1,040 sq. ft. Minor
increases in turbidity should be expected during construction.
Submitted by: Tara MacPherson Date: September 6, 2018 Office: Wilmington
DECEIVED
SEP 2 6 2018
0CM-MHD CITY
Narrative For: 06/05/2018
Jam Properties LLC
1838 Sir Tyler Road Suit 210
Wilmington, NC 28405
Address of Property:
106 North Channel Drive
Wrightsville Beach, NC 28405
Dear Committee Members,
After reviewing the current property, it was determined that the existing pier is in
need of replacement. The pilings are rotted and the pier needs to be rebuilt to meet
the current requirements of NCDENR regulations. So we are applying at this time
to rebuild this pier/dock to meet the codes of Wrightsville beach Building
department along with the current regulation imposed thru all other agency's
pertaining to this matter.
After reviewing the current bulkhead (concrete) on this site we wish to install a new
bulkhead as per the drawings attached. This will be placed at the high water line
and we will install this using vinyl sheet pile. This method has proven to be the best
product for the environment in and around our coastal area.
We hope you will find our request to be acceptable and help us thru this permit
process to achieve our goals to enhance the property, and protect it from future
storm damage.
Best Regards,
lfa^G 6GCAt'P. 4,
RECEIVED
SEP 2 6 2018
DCM-MHD CITY
RECEIVED
JUN 0 6 2018
DCM WILMINGTON, NC
DCM MP-1
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name tq
Project Name (if applicable)
'J..P M FI-0 ?er-4!e-S [ L L '%�Z
Jam Properties Ilc
Last Name
Applicant 1: First Name
Ml
Smith
Dan
Applicant 2: First Name
MI
Last Name
If additional applicants, plesse attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
1838 Sir Tyler Rd
Wilmington
NC
ZIP
Country
Phone No.
FAX No.
28405
new Hanover
910-200-3454 ext.
-
Street Address (if different from above)
CRY
State
ZIP
106 N. Channel Drive
Wrigisvilie Beach
NC
28405-
Email
dan@shp2.com
2. Agent(Contractor Information
Business Name
Clements Marine Construction Inc,.
Agent/ Contractor 1: First Name
MI
Last Name
Mark
H
Clements
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
112 Circle Drive
Hampstead
NC
ZIP
Phone No. 1
Phone No. 2
28443
910-e20-9110
e)t.
910-270-9110 ext.
FAX No.
Contractor S
same
Street Address (A different from above)
City
State
ZIP
Email
ctementsmarineco@bellsouth.net
CEIVED RECEIVE[?
<Form continues on back>
JUL 2 0 2018
DCM-MHD CITY DCM WILMINGTON, NC
Form DCM MP-1 (Page 3 of 6)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
new hanover
106 N. Channel Drive
Hwy 74 76
Subdivision Name
City
State
Zip
Wrightsville beach
wilmington
NC
28405 -
Phone No.
Lot No.(s) (#many, attach additional page with list)
910 - 620 - 9505 ext.
1, I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
(!AYE &K
Motts Channel
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
AICW
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 fails within.
new hanover
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
5T
4749 sq ft
c.
Size of individual lots)
d. Approximate elevation of tract above NHW (normal high water) or
85.7 x 52', 1
NWL (normal water level)
(N many lot sizes, please attach additional page with a list)
lop ®NHW or ❑NWL
e.
Vegetation on tract
lawn grass some oak trees
f.
Man-made features and uses now on tract
bulkhead, pier, home
g.
Identify and describe the existing land uses adiacent to the proposed project site.
private residential homes
h.
How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
r-20
(Attach zoning compliance certificate, it applicable)
®Yes ❑No DNA
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?
1.
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?
2FrEIVED RECEIVED
<Form continues on next page>
SEP 2 6 2018 JUL 2 0 2018
:sz cae c DQ&Mi0fQ.V4W WILMINGTON, NC
Form DCM MP-1 (Page 4 of 6)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?❑Y/es ®No
(if) Are there coastal wetlands on the site? b res 20 k, - D _ ) q
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No
(Attach documentation, ff available)
n. Describe existing wastewater treatment facilities.
county
o. Describe existing drinking water supply source.
county
p. Describe existing storm water management or treatment systems.
We
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ❑Commercial ❑PublicJGovernment
SPrivatelCommunity
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
To rebuild existing pier and existing bulkhead on property. To be used for private access to the water for boating and
swimming.
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.
equipment to be used for construction includes a pile setting barge for the dock and air hammers for the install of the new
vinyl bulkhead and will be kept on site, A tool trailor will come and go on site and will not be left due to the crime in this area.
d.
List all development activities you propose.
install new pier to replace existing and a new bulkhead to replace the existing failing concrete one.
e.
Are the proposed activities maintenance of an existing project, new work, or both? new
f,
What Is the approximate total disturbed land area resulting from the proposed project? rat p4p1% %sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No [IRA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
surface runoff
i.
Will wastewater or stommxater be discharged into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NA
j.
Is there any mitigation proposed? ❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
RECEIVED RECEIVED
<Form continues on back>
JUL 2 0 2018
>coastatmra
OCM-MHD CIUM WILMINGTON, NC
Form DCM MP-1 (Page 5 of 6)
APPLICATION for
Major Development Permit
6. Additionallnfonnation
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 Rams 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 she or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Joseph Rice Phone No. n/a
104 N Channel Drive
Wrightsville beach, NC 28480
Address
Name John Zeko Phone No. We
Address 108 N Channel Drive, Wrightsvilee Beach, NC 28480
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perniltee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, it necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properfy 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 th
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 fad grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 05/30/2018 Print Name Mark Clements
Signature M�
RECEIVED
Please indicate application attachments pertaining to your proposed project.
[]DCM MP-2 Excavation and Fill Information E:R fttffN@I"Iges and Culverts JUN 0 6 2018
[]DCM MP-3 Upland Development v
DCM WILMINGTON, NC
252.808.2808 .. 1.888•4RCOAST :: wevwr.nccoastalmanagemont.net
DCM-MHD CITY
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ram P
Rock Groin
Rock
(excluding
Breakwater
shoreline
NWL
stabilization)
Length
�2 i
Width
Avg. Existing
Depth
NA
NA
Final Project
Depth
NA
NA
I. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
NA
C. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell boffom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ ❑SAV ❑SB
OWL _ ®None
(ii) Describe the purpose of the excavation in these areas:
NA
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
c. (I) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlandsimarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SR),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB _
OWL ❑None
(II) Describe the purpose of disposal in these areas:
®This section not applicable
b. Type of material to be excavated.
NA
d. High -ground excavation in cubic yards.
®This section not applicable
b. Dimensions of disposal area.
d. (i) Will a disosal area be available for future maintenance?
❑Yes No ❑A
(it) If yes, where?
t. (I) Does the disposal include any area in the water?
OYeS ❑No ❑NA
(ii) If yes, how much water area is affected?
RECEIVED
JUL 2 0 2018
RECEIVED DCM WILMINGTON, NG
SEP 2 6 2018
DCM-MHD CITY
3. SHORELINE STABILIZATION ❑This section not applicable
(if development is a wood groin, use MP-4 — Structures)
n r
a. Type of shoreline stabilization: b. Lenoth:.0 _ sn.
®Bulkhead ❑Riprap ❑Breakwater/Sill
❑Other: _
r
Width: 4'
c. Average distance waterward of NHW or NWL: Or
(2_, 'lg
d. Maximum distance waterward of NHW or NWL:
4 r
e. Type of stabilization material.
vinyl
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Q Riprap
Breakwater/Sill _ Other _
i. Source of fill material.
local sand pit
f. (t) Has there been shoreline erosion during preceding 12
months?
❑Yes ®No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
sand
7-ZP-
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,
(ii) Amount of material to be placed in thew ter none
ii
surnnargau ayuanc vegelaaOn tbAV), sneu ooaom tbn), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet
(iv) Dimensions fill area u) Z
affected.
'`20�1
❑CW ❑SAV ❑SB
(iv) Purpose of fill11
_
❑WL ®None
backfill
—
(ii) Describe the purpose of the fill in these areas:
to backfill new bulkhead
5. GENERAL
a. How will excavated or fill material be kept on site and erasion
b. What type of construction equipment will be used (e.g., dragline,
controlled?
backhoe, or hydraulic dretlge)?
bulkhead
tractor and small hand tools
C. (i) Will navigational aids be required as a result of the project?
❑Yes No ❑NA
d. (I) Will wetlands be crossed in transporting equipment to project
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.
6/122018
Mark clements
Date
Applicam Narfa
jam properties Ilc
�..^�sl` i
Project Name
Applicant Signature RECEIVED
RECEIVED JUL 2 0 2018
SEP 2 6 2018 DCM WILMINGTON.
DCM-MHD CITY
Form DCM MP-4
STRUCTURES��
(Construction within Public Trust Areas) 20
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑Public/Government ®Private/Community
c. (1) Dock(s) and/or pier(s)
(ii) Number
1
(iii) Length
128 /
(iv) Width
6'
(v) Floating
❑Yes ONO
e. (i) Are Platforms included? ®Yes []No
If yes:
(h) Number 1
(III) Length 20'/ 16x16 'CdXc^u
(hr) Width 8'
(v) Floating ®Yes ONO
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
2
(ii) Number of slips existing
4
I. Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
®Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 25'
[]This section not applicable
b. (i) Will the facility be open to the general public?
Dyes ONO
d. (i) Are Finger Piers included? ®Yes ❑No
If yes:
(ii) Number 1
(iii) Length 16
(iv) Width 16
(v) Floating []Yes ONO
f. (i) Are Boa0ft included? []Yes ONO
If yes:
Ili) Number
(iii) 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: _
❑ Dry storage; number of boats: _
❑ Boat ramp(s); number of boat ramps:
M Other, please describe:
16x16 gazebo over fixed platform
I. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
mixed
I. (i) Will the facility be open to the genera lAublir>a-1t /En
RECEIVED
JUL 2 0 2018
DCM WILMINGTON, NG
�aEP 2 6 2018
DCM-MHD CITY
Form DCM MP-4 (Structures, Page 2 of 4)
m. (i) Will the facility have tie pilings?
❑Yes SNo
(ii) If yes number of tie pilings?
❑Yes SNo
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. () 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?
In Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing? RECEIVED
KhCUVED JUN 0 6 201
SEP 2 6 2018 DCM WILMINGTON, NC
252-808-2808::1.888-4eCOAST::www.nccoastalmanaffemef 11-MHDCITY revised:12127106
Form DOM MP-4 (Structures, Page 3 of 4)
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑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 Ieasehokler(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse stroclure(s):
❑Commercial ❑PublidGovemment ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
14. GROIN (e.g., wood, sheetpine, 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, sheetplle, etc.) ®This section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL, or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
❑Commercial ❑Public/Government ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED -NN A 6 2018
SEP 2 6 2018 DCM WILMINGTON, NC
252-808-2808::1-888.4RC4A5T::vrxrw.nccaa_f:aLenancgem Dl�l'MH® CITY revisr'c:: ,�12TiG8
Form DCM MP-4 (Structures, Page 4 of 4)
e. Arc of the swing _
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
101 DI
e. (i) Will navigational aids be required as a result of the project?
[]Yes; ®No []NA
(il) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
30
18. OTHER ❑This section not applicable
a. Give complete description:
we would like to build a new bulkhead out in front of existing wall and replace the existing dock as to our drawings. This will
bring this dock to regulations required by CAMA rules.
5/30/2018
Date
Jam Properties He
Project Name
mark elements
Applica n
Applicant Signature
RECEIVED
RECEIVED JUN 0 6 2018
SEP 2 6 2018 DCM WILMINGTON, NC
252-608-28DB n 11-888-411CGAST :: wwwmccoestatmanagement. e. revised: 12/27106
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DCM WILMINGTON, NG
DCM-MHD CITY
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RECEIVED
RECEIVED SEP 0 6 Z018
SEP 2 6 2018 DCM WILMINGTON, NC
DCM-MHD CITY
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director September 6, 2018
Clements Marina Construction, Inc.
c/o Mark Clements
112 Circle Drive
Hampstead, NC 28443
Dear Mr. Clements:
The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of Dan
Smith, requesting authorization under the Rules of the N.C. Coastal Resources Commission for development
activities at 106 N. Channel Drive, adjacent to Banks Channel, in Wrightsville Beach, New Hanover County. It was
received as complete on August 24, 2018, and appears to be adequate for processing at this time. The projected
deadline for making a decision on your permit application is November 7, 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 August 24, 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.
Sir�erely, ;
Tara MacPherson, Field entative
cc: WP&file Atmc, Courtney Spears, DCM
Liz Hair, USACE Chad Coburn, DWR RECEIVED
Dan Smith,1838 Sir Tyler Drive, Wilmington, NC 28405
Danielle Vegas, LPO
SEP 2 6 2018
D. DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
N0T1(0'$17,j
CAMA PERMIT
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Hanover
oun
COMMENTS ACCEPTED THROUGHOctober 3, 2018
APPLICANT:
Dan Smith
1838 Sir Tyler Drive
Wilmington, NC 28405
Agent: Mark Clements (910) 620-9110
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div. of Coastal Management
�t 127 Cardinal Dr. Extension
Wilmington, NC 28405
Tara McPherson, Field Specialist
910-796-7425
SK: RB 6128 111111111111111111111110
�G RECORDED 2018008301 NC FEE M,00
03-21-2018 NEW HANOVER COUNTY, NC
0153:22 PM TAMMY THEUSCH BEASLEY
BY: STEPHANIE PEREZ REGISTER OF DEEDS
OEM"
Prepared by and return to:
Lee Law Firm, PLLC
NORTH CAROLINA
NEW HANOVER COUNTY
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (this "Memorandum's is made and entered into as of
the � day of March, 2018, by Eva P. Elmore and Asa G. Worthley (collectively, the,
"Seiler") and JAM Properties, Inc., a Maine corporation (the, "Buyer")
RECITALS:
A. Seller and Buyer have entered into an Offer to Purchase and Contract with an
Effective Date of February 27, 2018 (the "Agreement') for the purchase and sale of certain
property described in Exhibit A 1 attached hereto and incorporated herein by this reference (the
"Lots").
B. Seller and Buyer have entered into this Memorandum in order to give record
notice of the Agreement and its encumbrance upon the Lots.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, in consideration of
the premises and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Seller and Buyer agrees as follows:
1. The purpose of this Memorandum is to give notice of the Agreement and all of its
terns, covenants and conditions to the same extent as if the Agreement were fully set forth
herein, and this Memorandum is subject to all of the terms, conditions and provisions of the
Agreement.
2. Seller agrees that at any time during which the Agreement remains in effect, Seller
shall not create, assume, grant, or suffer to exist, any mortgage, pledge, encumbrance, lien, security
interest, or charge of any kind, voluntarily or involuntarily, totaling more than $600,000.00, upon
the Property, without the written consent of Buyer, which consent may be withheld, conditioned or
delayed in Buyer's sole discretion.
3. This Memorandum shall automatically terminate and be of no further force or
effect upon the first to occur of (a) the Closing of the purchase of all of the Property by Buyer
RECEIVED RECEIVED
SEP 2 6 2018 JUN 0 6 2018
DCM-MHD CITY DCM WILMINGTON, NC
I
pursuant to the Agreement, or (b) recordation of a termination of this Memorandum executed by
Seller and Buyer.
4. This Memorandum may be executed in two or more counterparts, and all of such
counterparts when taken together shall constitute one and the same document.
5. All other terms and provisions of the Agreement are incorporated by reference
into this Memorandum as if set forth herein.
Signature Pages to Follow
IN WITNESS WHEREOF, Seller and Buyer have caused this Memorandum to be
executed as of the date and year first above written.
SELLER:
By:(vY Q
Printed Name: va P. Elmore
By:
Printed ame: Asa G. Wor ey
NORTH CAROLINA
Nf W RcLv%,o% ar COUNTY
I, keurA C.K . Cowart , a Notary Public, do hereby certify that Eva
P. Elmore and Asa G. Worthley personally appeared before me this day and acknowledged the
due execution of the foregoing instrument for the purposes therein expressed.
l 1 `4'-Ar cell� Date:
Official Signature ofNotary Public
M&.r-s Mwwwnngww
1a Cowar i1. (Official Seal) r,000 Ik K: Cp
2 ••.
Notary's Printed or Typed Name, Notary Public Q : ..,9��+y
�OTgq
Y . My commission expires: S-;,S--a 019
E 't jDU13L%G ; a
RECEIVED
RECEIVED
JUN 0 6 2018
SEP � 6 2018
DCM-M,HD CITY
DCM WILMINGTON, NC
BUYER:
JAM PROPERTIES, INC.,
a Maine Corporation
By: k -Sj A
Printedgame: Daniel L. Smith
Title: President
NORTH CAROLINA
4 j D ffil 11 i _T- COUNTY
I, IUl U, aria a Notary Public, do hereby certify that
Daniel E. Smith personally appeared before me this day and acknowledged that he is the
President of JAM Properties, Inc., a Maine corporation, and being authorized to do so, executed
the foregoing on behalf of the corporation.
Official Signature of Notary Public
MUui-a A! TO Vo-
Notary's Printed or Typed Name, Notary Public
My commission expires: &f 4 1 0, RZ L
Date: AA
(Official Seal)
It9AUAA A PATTON
Notary Public
NOW. Hanover County
North Carolina
M 0=18elon E>ylkas Apr 5, 2019
■ Complete Items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpieoe,
or on the front If space permits.
JA A 2e-Ko
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OrtlAkI lle 0&l it
IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII1111111
9590 9402 3103 7124 4192 63
7016 2710 0001 0137 7418
PS Form 3811, July 2015 PSN 7530-02-000-9053
A. Signatte
X ❑ Agent
❑ Addre,
B. Rilicelved by 0,141tedName) C. Date of Dell
to y /
D. Is delivery address different from aem 11 OVas
If YES, enter delivery address below. 13 No
RECEIVED
DUVI WILMINGTON, NC
3. Service Type
❑ Priority Mail Express®
❑ Adult Signature
❑ Registered Mail -
11 Adult Signature Restricted Delivery
❑ Registered Mall Restricted
leCertiOed Mail®
Delivery
❑ Certified Mail Restricted Delivery
❑ Return Recelpt for
❑ Collect on Delivery
Merchandise
❑ collect on Delivery Restricted Delivery
❑ Signature Confirmation"'
Insured Mail
❑ signature Confirmation
Insureed Mail Restricted Delivery
Restricted Delivery
■ Complete items 1, 2, and 3. A. S
■ Print your name and address on the reverse X
so that we can return the card to you. "
■ Attach this card to the back of the mailplece, B. R
or on the front if space permits.
joe-1lh �I ee,
ID`i N. c�anf��I�✓
1%r/kacA�116
IIIIIIIII (IIIIIIIIIIIIIIIII IIIIIIIIIIIII'II III
9590 9402 3103 7124 4192 56
2. Article Number (Ransfer from sen4ce label)
7016 2710 0001 0137 7425
PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
119-1
❑ Agent
/1 ❑ Addressee
C. Date of Delivery
D. Is delivery address differentfrom Item 1? ❑ Yes
If YES, enter delivelp( (qv.- p No
DCM WILMINGTON, NC
J. Jervlce type
O Priority Mail Express®
❑Adult Signature
❑ Registered Mail*M
❑ Adult signature Restricted Delivery
❑Registered Mail Restricted
III Certified Mall®
Delivery
❑ Certified Mail Restricted Delivery
❑ Return RBwipt for
❑ Collect on Delivery
Marchand.
❑ Collect on Delivery Restricted Delivery
11 signature Conflnnetioi
'I Insured Mail
❑ signature Conflnnatlon
I Insured Mall Restrcted Delivery
Restricted Delivery
in. 3an01
Domestic Return Receipt
RECEIVE)
SEP 2 6 ?018
)CM-MHD CITY
State of North Carolina I Envuoomental Quality I Coastal Management
127 Cardinal Drive Em., Wilmington, NC 29405
910-796-7215
Postal
CERTIFIED MAIL' RECEIPT
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❑ Return Receipt (electronic) $
$ I'1"
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Adult swerture Reahkted Oe1lver1r $
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Postage $1.63
06/05/2018
Nota
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Postal
to Domestic Mail Only
CERTIFIED MAVRECEIPT
WRI54TSV1LLE FEpCHr NC 28480
M1
m cercinaaMaoFea $3.45 C1443
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A $ n V
Extra rvAcas&Fees (checkoor, edeha
❑Return Remip!(MNcayr) $
0 ❑netumR pt(souled k) $ sn_nn %Postmark
0 ❑C'n"'d Mail ReaWc!ed"emery $ $0.00.. tiWBra
C3 ❑ Adult Sana!ure Requhed $_
❑Aaut! slynature neamcted Delivery $
APostage =1.63 /
r'' oral Postage and F e 06/05/2018
N $1.83
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.0 Sent To�Oi'1I` Zti'%
ECEIVED
O Skeels-oil..."N"o..orze., rFlo.....................................----------------
M1 NA91 ►Si PN.n A.� .1r
UN 0 6 2018
SEP 2 6 2018 DCM WILMINGTON, NC
DCM-MHD CITY
Letter of agent
1',Uan Smay) bp mm Ulhave retained Mark Clements DBA, Clements
Marine Construction Inc, to make dpplication for any and all permits needed to start
construction on the work requested for our property or properties.
By allowing Mr. Clements to make such applications I do understand that this will in no
way relieve me of any obligations to perform all work according to the building codes of
North Carolina, CAMA, DWQ or any other state and or county ordinances.
Prin
Signature
(1W-Dou- -----dateq 3 7
Contact information
RECEIVED
SEP 2 6 2018
DCO-MHD CITY
RECEIVED
JUN 0 6 202
DCM WILMINGTON, NC
MY
TAM EAS EY SCH New Hanover County
Register of Deeds Register of Deeds
320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401
Telephone 910-798-4530 • Fax 910-798-7716
atr�tllra��'�
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State of North Carolina, County of NEW HANOVER
Filed For Registration: 03/21/2018 01:53:22 PM
Book: RB 6128 Page: 800-805
6 PGS $26.00
Real Property $26.00
Recorder: STEPHANIE PEREZ
Document No: 2018008301
t Af Alf if#Rf A♦Ar A#f aAA#*Rf#Aft##A#f #***A###AAaA##a A#RAAA#AAAA#Ai*t Att##t AtAAAt A#Atrt+r#a Af*#**##aAA##***tA*##
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording. RECEIVED
RECEIVED
JUN 0 6 2018
SEP 2 6 2018
DCM WILMINGTON, NC
DCM-MHD CITY
EXHIBIT A
Legal Description of the Lots
Tract One:
BEING all of Lots 18 and 19 of Shore Acres Development #2 as the same are shown
upon a map of said subdivision recorded in Map Book 3 at page 1 in the office of the
Register of Deeds of New Hanover County.
Together with the riparian rights for so much water front as is bounded by these lots.
Tract Two:
BEING all the right, title, and interest, if any, in and to any and all lands (and all rights
thereunto) extending to the mean high water mark, and lying between the eastern and
western line (extended southwardly) of the tract just above particularly described.
Property Address: 106 Channel Drive N, Wrightsville Beach, NC 28480
Parcel identification Number: R05720-011-004-000
RECEIVED
JUN 0 6 2018
DCM WILMINGTON, NC
ROY COOPER
Governor
MICHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Director
Mr. Mark Clements
112 Circle Drive
Hampstead, NC 28443
NORTH CAROLINA
Environmental Quality
July 13, 2018
RE: CAMA Major Permit Application for Mr. Jam Properties, LLC
106 North Channel Drive
Wrightsville Beach, New Hanover County
Dear Mr. Clements:
The Division of Coastal Management hereby acknowledges receipt of your application for state
approval for construction of a bulkhead and private docking facility, adjacent to Banks Channel,
in New Hanover County. However, your application lacks information necessary for complete
processing. The attached checklist indicates the deficiencies of your application. If you respond
within three working days from the date of this fax or E-mail, or within five days from the
receipt of this letter with the required additional information, processing of your application will
promptly continue and will not be placed on hold. If you are not able to respond within three or
five days, your application will not be accepted as complete for processing. Additional
information may be required pending further review by the fifteen (IS) review agencies. 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) 796.7425.
Sincerely,
RECEIVED
Tara MacPherson SEP 2 6 2018
Field Representative
DCM-MHD CITY
cc: Courtney Spears
RECEIVED
JUL 2 0 2018
DCM WILMINGTON, NC
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
PAGE
CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR
PROCESSING APPLICATION — Jam Properties, LLC
1. PERMIT APPLICATION FORMS
Please address the following items:
Form DCM-MP-1:
• X umber Le : Update the business name to reflect Jam Properties, LLC ownership.
• /Number 4.a, Clarify if the shoreline length is 52 linear ft. or 62 linear ft. as is indicated on
/fhe MP-2 form.
• iNumber 4.m, Update this section to reflect that there are Coastal Wetlands onsite.
• -Number 51, Indicate the total land disturbed area.
Form DCM MP-2
• !}lumber 3.b Please clarify the total shoreline length.
• /I)krmber 3.c Update the average distance waterward ofNHW.
• umber 3.d, Update the maximum distance waterward of NHW.
• Number 4.a Update backfill dimensions to reflect the accurate shoreline length.
Form DC�i MP-4
• /Number 1. Remove existing dimensions, only proposed dimensions are needed. Please
update the platform section to include both the fixed and floating docks that are proposed.
• Number 7.a&b Indicate the proximity of adjacent riparian lines in linear ft.
2. TOP OR PLAN VIEW DRAWINGS
Your application must include a drawing(s) showing the following:
Existing and proposed features including wetlands, existing and proposed man-made
structures, exact areas and dimensions of proposed excavation, fill and/or spoil disposal,
• / A cross-section drawing for the proposed bulkhead
RECEIVED
• / The Town of Wrightsville Beach Pierhead Line.
3. ADDITIONAL INFORMATION SEP 2 6 2018
DCM-MHD CITY
Narrative — Please update the Narrative to indicate the location of the proposed bulkhead to
Normal High Water (NHW) and state whether the existing wall will be removed or incorporated.
RECEIVED
4�DF JUL 202018
-.�.
DCM WILMINGTON, NC
North Carolina Department of Environmental Quality I DNlsion of Coastal Management
Wilmington Office 1 127 Cardinal Drlw Extenslon I Wilmington North Carolina 28405
910.796.7215
C�