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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 m , . A lob anne s 130) t�4 aY Ni1L RW R� cued' Co . BAOKS channel eXto ,dajAlNn�m„w� � ' /i.x�cevera '�� lya,� �a Grn�n' •,» j ( i p �� Nti.J Yiri✓ '6'x /24' a�CW� s .�- 2 E Q) �Hanne Rice- ic N. Deia1L l 06 N. I R� ,gyp jam if�ED U �q RECEIVED �4- JUL 2 0 7018 SEP 2 6 1018 DCM WILMINGTON. NC DCM-M!-4D CITY - - -- -- - - cnv+lnvl of�•tC {--L-4 L R-oF,ed N&O a Cknnfle, tn6 i•�jp' 0 '1- YY IG :�/d�rve✓' Gp . RECEIVED SEP 2 6 2018 bS4S�+ti( 'F�oa�ci RECEIVED JUL 2 0 2018 DCM WILMINGTON, NG DCM-MHD CITY Lro3s 6p-r-41mDmo%ni In6 tJ. ChaA I Dr Jam ?roper-�ie-s m G A*A— t "a1 ' o.3ef rlanpver Ga. 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 A PrepFac)73oc7 ►ng fac�y�andR 0 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 )o$ N chain dr 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 Ln N ,. III r b f v . rn oerllnedMaU- v.45 ' .� 0443 OS O Extra ervices& ees(check box, add/me`e/ � ❑iletum flece�pt (hatdcapy9 s ((Ul Ostmark. G ❑ Return Receipt (electronic) $ $ I'1" Here O[]Atluh �cennied Mae Pertricted Dewery sgneturePequvetl $ Qn nn oio Adult swerture Reahkted Oe1lver1r $ p rq Postage $1.63 06/05/2018 Nota Postage ene Typ 83 1� S .D Sent To Jam+ .� O r- . 9iieeiandaa�-p`7Vu., rPO Uar No. - IDW K• c—AZt1G.1--01r.------------------- .......... Postal to Domestic Mail Only CERTIFIED MAVRECEIPT WRI54TSV1LLE FEpCHr NC 28480 M1 m cercinaaMaoFea $3.45 C1443 O 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 .pq .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��'� +++aa+ra+r++aa#ar+t+#+*aaaraaf+aaatraf+a+aaa+r+fa+a Af Af iff*r#1r AffA++Arts r+lr++rrrrt++ra AaaA as*�Af+Aa*a*+a Aa 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�