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HomeMy WebLinkAbout112-18 Martin, JohnsPermit Class NEW Permit Number 112-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit RECEIVED OCT 2 3 2018 for DCM-ti1HD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Pipersneck 31 LLC c/o Johns Martin 401 N. Greene Street, Greensboro, NC 27401 Authorizing development in New Hanover County at adj. to Banks Channel. 31 Pipers Neck Figure 8 Island. near Wilmington , as requested in the permittee's application dated 07/10/18 (MP-1) and dated revised 08/06/18 (MP-4) including attached workplan drawings (4) 1-3 of 4 dated revised 08/09/18 and 4 of 4 dated 07/10/1S. This permit, issued on October 11, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Dockine Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this 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. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of 1 qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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. {*-Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Pipersneek 31, LLC Permit No.112-18 Page 2 of 2 . ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 5 formalized boat slips. 6) 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. 7) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammaVmanatee Ruidelines.pdf. General 8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 9) This,permii shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) 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 maybe caused from existing or future operations undertaken by the United States in the public interest. 11) 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-2018-00698), which was issued on 8/28/18. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2018- 01185.. NOTE: An application processing fee of $250 was received by DCM for this project. µry DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Johns Martin COUNTY: New Hanover PROJECT NAME: Martin Dock Expansion LOCATION OF PROJECT: 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-6-18 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Brooks Surges DISTRICT MANAGER REVIEW: 0 ?- DISTRICT OFFICE: WILMINGTON B) DATE RECEIVED BY MAJOR PERMITS UNIT: AmIg FEE RECD: $250 #7236 PUBLIC NOTICE RECD: 8-18-18 END OF NOTICE DATE: 9-8-18 ADJ. RIP. PROP NOTICES REC'D: DEED RECD: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: (0 (7,01f i% 150 DAY DEADLINE: MAIL OUT DATE: 8-16-18 STATE DUE DATE: 9-8-18 FEDERAL DUE DATE: FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE I e I DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance Division of Coastal Management-LUP Consistency Public Water Section (DWR) 8 23 Dj X Land Quality Section (DEMER) Q) Division of Water Resources - 401 Section O 3 ( _ a 201 F_ g S f State Property Office Division of Archives & History DECEIVE Division of Marine Fisheries - Shellfish Section Division of Highways (NCDOT) obJCT 2 3 2018 Wildlife Resources Commission D DCM-MHD CITY Local Permit Officer D ester Archaeology Division of Marine Fisheries - DCM 112, (Y Corps of Engineers - Regulatory Branch IVIJN WAkIQ Niv{W4 lam.fiKik `gypl (4 X MHO RECOMMENDATIONS FOR: Johns Martin August 16 2018 The total area of floating dock and platform was calculated as follows: Shoreline length = 86 ft. x 8 ft. = 688 sq. ft. allowable Existing platform = 14 & x 7 & = 98 sq. ft. (credit applied for access) Existing finger pier = 5 ft. x 20 ft. =100 sq. & Existing floating docks = 7 & x 4 ft. and 20 ft. x 6 ft. =148 sq. ft. Proposed floating dock = 6 & x 20 ft.=120sq. ft. Unauthorized platform = (2) 1 ft. x 6 & =12sq. ft. Total = 478 sq. ft. The reconfiguration would provide docking space for the total up to five (5) vessels at this location. It is staffs recommendation that the proposal is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the '/. width rule, the eight square foot rule and the pier width rule. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. RECEIVED OCT 2 3 2018 DCM-MHD CITY ROY COOPER MICHAEL S. REGAN Seo.ewn BRAXTON DAVIS Director, Division of(7 awol MmwReatem August 16, 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 courtnev.spears (o)..ncdenr.00v Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Johns M. Martin Project Location: 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, Wilmington, New Hanover County Proposed Project: to reconfigure and expand an existing docking facility 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 September 8, 2018. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: _ This agency has no objection to the project as proposed. 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 /91 A'IV DATE 7 `. RECEIVED OCT 2 3 2018 Stale of North Carolina I EnnFTgntV QNaII(y I C„qa N-agement 127 Cardinal Diide LAt.,•W111ningtai, NC 294 919 7967215 r, a9 ROY COOPER MICHAEL S. REGAN N', "ta.e BRAXTON DAVIS Uv..Im, Dimum ofCaastal Management August 16, 2018 TO: NORTH CAROLINA Environmental Quality Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO (1 9 U,V, Al1� 1 Sion of ?018 RO,pob10IVaPcs o. FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.soears (o)..ncdenrgov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Johns M. Martin Project Location: 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, Wilmington, New Hanover County Proposed Project: to reconfigure and expand an existing docking facility 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 September 8, 2018. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNE"C&a Q �'1� DATE RECEIVED RECEIVED DCM WILMINGTON, NC r T ` J ZO I8 State of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Cat., Wilmington, NC 28405 D CITY 919 796 7215 Ka ROY COOPER I'tt ll 0, MICHAEL S. REGAN ... ,..... -, BRAXTON DAVIS Dlncmr, Divlvion of Caonal A4anagenmm August 16, 2018 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office AUG 16 ?0� FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtney.spears (d).ncdenr.pov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Johns M. Martin Project Location: 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, Wilmington, New Hanover County Proposed Project: to reconfigure and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Swears at the address above by September 8, 2018. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 ` DATE 5"I—ZDj 8 RECEIVED RECEIVED nrT 232018 Slate of North Carolina I Environmental Quality I Coaztal Management AUG 17 2018 127 Cardinal Drive Ext., Wilmington, NC 28405 MP SECTION WIRO TO CITY 9197967215 dole- 119 r ,Aq G ROY COOPER Gowmor MICHAEL S. REGAN secMary BRAXTON DAVIS Director, Division olCo al hliwpmau August 16, 2018 TO: Chad Coburn 401 Wetlands DWR-WiRO is NORTH CAROLINA Environmental Quality RECEIVEEIMCDENR/DWR AUG 15 2018 Water Quality Regional Operations Section Wilmington Regional Office FROM: Courtney Spear, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.saears Ca)ncdenraov Fax: 910-395-3964 t(Courler 04-110mm SUBJECT: CAMA Application Review Applicant: Johns M. Martin Project Location: 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, Wilmington, New Hanover County Proposed Project: to reconfigure and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Shears at the address above by September 8, 2018. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. w/i� 7j�JL6 M//W7`/•G9,yr'rcd undi.` 6�y1'{y REPLY: ✓ This agency Has no objection to the project as proposed. 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 DATE /O 3 vksGE" Cl 01111 111a OCT 2 3 M8 DCM�MMD CIT I b State aMah Cuolme I Fnvisoome W Quality l CW1W M=18 mmt w\�,M\NG�CNIN 127 Caratal Driw Ext., Wamiagto NC 29405 pQM 919 796 7215 µHC Spears, Courtney From: Coburn, Chad Sent: Wednesday, October 03, 2018 11:29 AM To: Spears, Courtney Subject: RE: major permit reviews Thanks! Martin will be no written approval required under GC4144. From: Spears, Courtney Sent: Wednesday, October 3, 2018 11:22 AM To: Coburn, Chad <chad.coburn@ncdenr.gov> Subject: RE: major permit reviews See attached for shellfish comments on Martin —they submitted a "no comment." Sorry for the weird layout, that is how I received it. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soears(Z.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. From: Coburn, Chad Sent: Wednesday, October 03, 2018 11:12 AM To: Spears, Courtney <courtnev.soears@ncdenr.gov> Subject: RE: major permit reviews • John and Carol Rider, 1614 Island Marina Dr, Carolina Beach —Will need written approval under GC4144 • Johns Martin, 31 Pipers Neck, Fig 8—SA/ORW and OPEN —Did DMF think this would cause a closure? • Harrison Peebles, 211 Summer Rest Road, Wilmington - The structures appear to be in water 2 feet deep or more so no written approval required under GC4144 RECEIVED • Stuart Gans, 16 N Channel, WB - No written approval required under GC4144 OCT 2 3 2018 DCM-MHD C7V From: Spears, Courtney Sent: Wednesday, October 3, 201810:28 AM To: Coburn, Chad <chad.coburn@ncdenr.eov> Subject: RE: major permit reviews Cool thanks for the update! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office cou rtnev. soears(a)ncden r. oov 127 Cardinal Drive Ext. Wilmington, NC 28406 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coburn, Chad Sent: Wednesday, October 03, 2018 10:26 AM To: Spears, Courtney <courtney.spears@ncdenr.eov> Subject: RE: major permit reviews I'm playing catch up right now. Going through all of the in-house apps right now. From: Spears, Courtney Sent: Wednesday, October 3, 2018 9:51 AM To: Coburn, Chad <chad.coburn ncdenr.eov> Subject: major permit reviews Hi Chad, Hope you -came through the storm ok. Just wanted to check on the below projects (all in NH Co.) as we are nearing our 75 day date. If you need more time, please let me know. • John and Carol Rider, 1614 Island Marina Dr, Carolina Beach • Johns Martin, 31 Pipers Neck, Fig 8 • Harrison Peebles, 211 Summer Rest Road, Wilmington • Stuart Gans, 16 N Channel, WB Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS ID Diston Divvision ofCuasml Management NORTH CAROLINA Environmental QuaRry August 16, 2018 TO: Tim Walton Dept of Administration State Property Office RECEIVE® AUG 2 3 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.spears c(Dncdenr.gov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Johns M. Martin Project Location: 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, Wilmington, New Hanover County Proposed Project: to reconfigure and expand an existing docking facility 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 September 8, 2018. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes G� are incorporated. See attached. 4� 5 This agency objects to the project for reasons described in the attached comments. SIGNED WQiu& .L1.l i>1 ��� DATE RECEIVCf7 V E D. OCT 2 3 2018 ul,ioi WILMINGTON, NC State of Nmth Carolina I EnvimD `IamuAlhS/� CbfseJH.lahapement 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 v 0 G Received: 08/24/2018 I t State Historic Preservation Office 0.0Y COOPER 7 MICNx S. BEGAN ER 18-2190 eRA%TON DAVIS Due -- 914/18 Au9uet 16.2018 �L q- M�GI70 TO ReneeGledhill Cultural Re Dept a Cultural Resources 5 Archives a History FROM. Cotlrtrray Spatial Assistant Major Parmib Coordimtor NC CEO - Division of Coastal Management 127 Cardinal Dnve Ext . WJm NC 28405 cprrhnersaeaa @rrcdenrpov Fax 9i0.396-3964(Coleiar0&l$,J) SUBJECT CAMA Application Review Applicant: Johns M. Martin Project Location: 31 Peters Neck sd/acenf to Banks Channel, on Figure 8Island, (Ysnhg m. New Hanover County Proposed Project: to raconagum and expand an exWmg docking readily Please indicate below your agency's position or view'poirl on the, proposed project and help, Ws form to Cnurhrev Saaam at Me address above by SepbhMer 8, 2018. If you have any questions regarding the proposed project. conbct Brooks Surgan at (910) 796-7270 when appropriatein-depth comments wish supporbng data a requested REPLY: Tins agency has no oojection to 0M project as proposed. The agency has m commend on the proposed prolect. 0 _ The agency approves of Ne protect only N the recomrrwrsded Apogee an inmpprated. See amched. This agency softies to the protect for reasons described in *i agdrW comments. 81ONEC at —DATE m04.0r..._. -D n TCdwl One yeeYYw N'TYO AU6 2 7 2016 N T 1,v, W z 0 tia ROY COOPER �n MICHAEL S. RROAN sm., BRA%TON DAVIS August 16, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section FROM. Courtney Spurs, Assistant Major Permits Coordinator NC CEO - Division of Coastal Management 127 Cardinal Drive 6d., Wilm., NC 28405 courtn9¢spears Qriddenr.ow Fax: 910-395-3964 (Courier 04-16.33) SUBJECT. CAMA Application Review Applicant- Johns M. Martin Project Location: 31 Pipers Neck adjacent to Banks Channel, on Figure 8Island, Wilmington, New Hanover County Proposed Project: to reconfigure and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtnsv Soars at the address above by September 8, 2018. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 7W7270 when appropriate, in-depth comments with supporting data is requested. REPLY: _ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. _ This agency approves of the project only N the recommended charges am incorporated. Sea attached, _ This agency objects to the project for reasons described in the attached comments. Fo✓i�A'� HQiA/f<r SIONEDDATE 9-P-I RF_C`-'VED DCM WILMINGTON, NC AUG 2 7 2018 mdarus 1O,- ecaw .nmOn, ROY COOPER ("11,111,11 MICHAEL S. REGAN Yrcrravr BRAXTON DAVIS Direclor, Dm.,m nf( w.1 Management August 16, 2018 TO: David Harris NC DOT Roadside Environmental Unit M RECEIVED AUG 2 7 2018 DISTRICT 3 FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (c)-ncdenroov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Johns M. Martin Project Location: 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, Wilmington, New Hanover County Proposed Project: to reconfigure and expand an existing docking facility 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 September 8, 2018. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 Av4 / DATE 00ii 4IR RECEIVED RECEIVED DOM WILMINGTON, NC OCT 2 3 2018 SFF' 1�8 j '�118 Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dow Exl., Wilmington, Nd�c M-MHD CITY 90 796 7215 ROY COOPER Mt MICHAEL S. REGAN ' 4crrlury BRAXTON DAVIS 1199 Drwslca o/foanal Mmwgemuu V� � A August 16, 2018 AUG 2018 .A REOUVED TO. Maria Dunn NC Wildlife Resources Commission For WiRO FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears laDncdenraov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Johns M. Martin Project Location: 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, Wilmington, New Hanover County Proposed Project: to reconfigure and expand an existing docking facility 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 September 8, 2018. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. \/ 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 DATE REG&VED RECEIVED SEP 0 6 2018 OCT 2 3 2018 DCM WILMINGTON, NC State or No„h Ca olma I Fuvnamae tdl Quality I C.51al Mamma 127 C""^al °"" F"vv. wlft f- �iD CITY 9l9 e n µK1 ROY COOPER Co ? MICHAEL S. REGAN seff mr BRAXTON DAVIS ot.:,a ofCoMat Manage &evL»nmar. al g:�liy August 16, 2018 TO: Christine Boufford Local Permit Officer County of New Hanover __ f' , }�..,. E. AUG � :: L113 NEW PLANNING & ZONING KING Y FROM. Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.soears (a?ncdenr.00v Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Johns M. Martin Project Location: 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, Wilmington, New Hanover County Proposed Project: to reconfigure and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Courtney Spears at the address above by September 8, 2018. if you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. —/ 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 DATE g RECEIVED RECEIVED AUG 3 0 2018 nCM Wit MINGTON. NC ar.de tcmallmlEr.row.d.d( o"iLyICowlManage- 12 CWWDsr Ea- wflmngMxCuas 9197%7215 N ROY COOPER Govemnr 7 MICHAEL S. REGAN Sec rotary BRAXTON DAVIS U..... q`C.olaLllnrw8emrm NORTH CAROLINA F Environmental Quality August 16, 2018 % c TO: Curt Weychert �C,y,Mtio ��18 Fisheries Resource Specialist MHC-DCM FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 Courtney. spears (a ncdenruov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Johns M. Martin Project Location: 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, Wilmington, New Hanover County Proposed Project: to reconfigure and expand an existing docking facility 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 September 8, 2018. If you have any questions regarding the proposed project, contact Brooks Surgan at (91'0) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. \/ maSIGNED DATE 6 17 RECEIVL- _ RECEIVED AUG 2 8 2018 1,-.41 AUG 21 2018 Slate of Noah Carolina I Environmental Quality Coastal MannRemelli 127 Cardinal Inive Eal., Wilmington, NC 28405 [)CM-MHU CITY 919 796 7215 �ILtL DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 August 28, 2018 Regulatory Division Action ID No. SAW-2015-00698, General Permit No. 197800056 Mr. Johns M. Martin E-mail: JohnsMartin(ibadams-electric.com 401 N. Greene Street Greensboro, North Carolina 27401 Dear Mr. Martin: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to reconfigure and expand an existing docking facility at 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, in Wilmington, New Hanover County, North Carolina. Coordinates are: 34.252326 N,-77.764875 W. On January 1, 2017, we renewed General (Regional) 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. General Permit No. 197800056 expires December 31, 2021. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general and special conditions. 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. Thank you for your time and cooperation. If you have questions, please contact Ms. Liz Hair, of the Wilmington Regulatory Field Office, telephone: (910) 2514049. Enclosures: Plans GP56 conditions Manatee Guidelines Sincerely, CLliL Liz fair, Project Manager Wilmington Regulatory Field Office RECEIVED OCT 23 2018 DC"-MHD CITY RECEIVED AUG 3 12018 DCM WILMINGTON, NC -2 e-Copy Furnished (w/enclosures) F&S Marine Contractors, Inc. Attn: Mr. Ed Flynn Post Office Box 868 Wrightsville Beach, North Carolina 28480 eflyOt insn.com e-Copies Furnished (w/o enclosures): Mr. Chad Coburn - NCDEQ/DWR Ms. Courtney Spears — NCDEQ/DCM Mr. Brooks Surgan—NCDEQ/DCM liucs n1���1 L inc �1 P�pw 4u-TU q;}�+ ON'NOJLONIWiINRWWOQ 1./AlAIM,�n'%1, N�• `lit S1 i}4.}�-�(ND) W(IlGlt,�2�'!ww�aaG1 o3nla�?a.. 1, MTAQG BA6TOM, 4A1R1'TNTiMIl P1DPIXIYIr591RJEM1B MAkYP N.VYq IAIP.RMY91R wsvL ✓ "AS WOMItt F:1TX Q RIB rJR: RAID DT PRMSQI � QK MAM WCDAPUfR `III W5TAN M IIOOA1M110N I1D71HiBD; iWS TiB MTM9 rFdN2B M /CI.bRAVIR W1RI M STMDN'W IX IWilMMS "MA MA50N5 CHANNEL NJLiR RMf WD 91RVCFNG N AORix CIAOII'lc' RI NryL 5C 16PIk'MIxL4 MY WJ61YL JPIQIR, NAr ao. mie: �4B tIf1B64RE NMBBtpD sw.Tnls�lxrae —EBB FLOOD-- FAamc BRErTOW 2 c;' T' L� NOTE: PIERHFAD UNE 15 PRELIMINARY AND SUBJECT TO "$ = ��3? REVIEW By COASTALMANAGEMENT. CHANNELP�5 LOCATION MAP '> A CURVE isiOTiONCOLINES ARE DRAWN NDT TO KALE 'C SQUARE TO P FIERMFAD PENDING REVIEW �' ,- LOT AREA TABLE � � Oi `� � � G ��\ � MANAGEMENT EPRE'JNe m' COASTAL MANAGEMEM REPRESENTATIVE. T L-J a; '- . r SURVEY REFERENCE UPLANDS: 18,029 50. FT. ��Nnnm1\\\\� � MV 000K i1 rv¢3 SUBMERGED LANDS: 1.24250. FT. 11OTAL, FLoAnNG W oz Q orm 000x seso rice Bl Tx 19,2,71 50. FT, 0.442 ACRES DOCK V `'' FRorozeD FIMHEAD LINE Lu MOie`the rtOAnNG '3607'E B6'27q.(r .. V T 1x lG8 ALfIq MrQc MN W I l72 172$ J NOTE: NOPA/AL HIGH WATER UNE DOCKN38 FLOATNGI I � - II BL I 1 I cQdM W'IVW" 1, aoBS DELINEATION BY SURVEYOR. THIS II 5L DOCK I i BL I UNE MAY NEED VER)PICATION BY T I I I Q COASTAL MANAGEMENT PRIOR TO &. I BL • I 1 I PIER PERMK ISSUANCE. 1 _ 4 I 11 BL. RAMP iz 11 l _ I r I, P In VII P`1ER UER A5 P, M5 14, PG 8 lalaidNE IA UNE A5 PER SIN , M5 14, PG 3 tP 48'E Ilm 1 58.Od'�10.34' 1 ins �.r,.wrma�wxw¢wa mcrae+lauBlve wcarartoov.11N 45.28' N3B'4802'E NORMAL HIGH 'ORMra O 1 40.99' wI WATER UNE- a nam�an+aoncae�'s�u SUBMERGED � 1� c I el ansv�mlt. raamlw a: WOODEN n LANDS -1 «suv.Ha 1¢mnomn! a.xrrvw.c. I BUUCHEAD << p I LIPtAND$ LEGEND rnvnrt: ae mx.,.axrn er Ae. � _I�' ` O-onnnelRa+rrt ��___ U �� CENtrP1WB NIL WICKER - 4 WP PAINTER ' O-ca+lxa noxlAaJ+r LOT 29 m m LOT 33 6- Bn xryH rvc DB 4830 PG 56 m UPJWDIMPROVEME1tM5 !A 9 DB 4725 PG 727 1 AsTp �mm.xyl a NOT SHORN N 0_ sumo mew.:,>nau¢ exort avo ae 11 nt� t6i si'rYli 'vRD xRu� N MAY 23, W18 RIPARIAN SURVEY FOR PATRICK SMVEC. BR7STOW F'IPERSNECK 3 I LLC CI`A "xMIMIW- YR40, PC 30 O 15 90 1 manNGTMueRonrve M9IA@ATOP.', N.Cwommmumimi Ax0 LOT 31 5ECTION I I BLOCK W FIGURE EIGHT ISLAND swna:� I INCH - 30 FEET - HARNL7T TOWNSHIP NEW HANOVEf2 COUNT', N.C. Flxrut�vymeNo.emJ Nay E60M UN5-norrm FROM -Mt5TANDAFG3-0f; 41"1 G04kMMMMY MMPWP�0 ETO FLOOD t NOTE PlERMEAD,tfN15-f5',r M! A REd., , FI AND 9gBJECT To REVIEW BYCOASTAL :.YANAGEM-NT. CkfANNELMISPOKM5 ; A CURVE IN THIS LOCATION; SQUARE TO PROPOSED. PffRHffAD:ANF Fikln!IM'-em/fFW BY FLOATING c).b,CK DOCK 5 M7 RAMP vte M MEk LINE A5TEK MP 14i, N-8, I o Ln Z M.34! UF-- WOODEN BULM'(}=A.P UP, w7,.MtQR- pf 29. D13 4839FG 5G, - 1 13L I M5, 14, PG 5i Luf.- IOPMAL Igh WATER LL t N/F PAf UPLAND - IMPEL IEMW!5 w Lot NOT S WN N D8 4725 RIPARIAN SURVEY f=C)R pipla �6/6, L07.3.t 5ECTION. 1. V b FIGURE EIGHT J%Mp HARNM TOWN5'MP-, NEW HARQVEP,'d-dbNT7Y. N.G. 19 "WO AND WA' DRAM utiD`_R MY 50PERV1510N: 2FC!SION A5 CALC�,X, M BY COMPUTER BY BRu .EN L N" 5 .'! Oi.D `ROV ;ORDANCL MT II THE 5TAWARD5 Of G.I G04j;'1ATNE55 4YORIGt'k 5IGNATCRE, A.D. 20I8. j ofts rYlrimw .o�0\A CAROB/,�� l�eul�r1Ni= =SA_v; 'L. �o ciL /ro,7iTJUn //3 pvnw gwF6" l ,¢,,,16 woomom PIERHEAD LINE MASONS CHANNEL �" aOil f EBB FLOOD y0 o p a NOTE: PIERHEAD LI\= 15 'RELIMINARY AND SUBJECT TO REVIEW BY COA57AL .'v'A\AGEMENT. CHANNEL AXI5 FORM5 A CURVE IN THIS LOCATION, CORRIDOR UNE5 ARE DRAWN SQUARE TO PROPC5=7 PIERHEAD LINE PENDING REVIEW DY COA5TAL MANAGF'l=NT REPRE5ENTATIVE, r e FLOATING / FLOATING N38°3G07"E O,-" DOCK fov =_GATING I r — l'OCK I j BL BL I BL ,D' I � .. �vclCaN�Ari1 Itn RAMP ; PIER LINE AS PER IN w MB 14, PG w Irn `y i E I N56O23'4&E N3A28 1 C.3 GGi�"l• �I 45.28` �. p N38°48'OZ' E N g° 1 2'35"E I .40.99' w l w.;5MERGED WOODEN BULKHEAD I PLAND5 N/F WICKER LOT 29 DB 4530 PG 5G i PPER5 XECC.d:i9 Me N w N O m �j O UPLAND Ai!?::. fVENT5 w m NOT 5- ,%,N N - rn PIER BL 1 LINE AS PER MB 14, PG 3 0 Z G :T> .0 _1 z� U 0 Nit PAI LOT D8 4725 RIPARIAN SURVEY FOR P I P E rz5 N E C r, 3 1, LOT 31 SECTION I I BLOC< "B" FIGUR (EflWA 5P5Q*, i HARNETT TOWNSHIP NEV/ MANOVEK COUNTY, N.C. z :CIO FsS Maine ; Contractors, Inc: w cmpwe '.'c M-§ --j For Cover dO:yeersl CAPVED FTWK ;Piers Flcofing Boaf,Lifls; HeosO Pilings, Repairs: �Phone/Farp 0) 7563061 cih)NC2a480% DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/Re ugulatoryPermitProgram.aspx General Permit No. 197800056 Name of Permittee: General Public Effective Date: January1, 2017 Expiration Date: December 31, 2021 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS, DOLPHINS, JETTIES, GROINS AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. Projects must be constructed in conformance with the following standards in order to be authorized by this RGP. 1. All piers, docks, boathouses and boat shelters will be pile -supported or floating structures. 2. Pilings, dolphins, jetties and breakwater structures may be constructed of wood, metal, or pre -cast concrete. Groins may be constructed of wood, pre -cast concrete, or rock riprap. RECEIVED RECEIVED AUG 3 12018 OCT 2 3 2018 DCM WILMINGTON, NC DCM-MHD CITY 3. Breakwater structures will be designed to provide for adequate water circulation landward of the structures. This RGP does not authorize excavation or the discharge of excavated or fill material within Waters of the US, except for the placement of structures for jetty, breakwater or groin construction. This RGP does not authorize any work on Atlantic Ocean beaches. The following definitions should be used for purposes of this regional general permit (RGP): a. Mean high water mark (MHWM): The line on the shore, in tidal water, reached by the plane of the mean (average) high water. The precise determination of the actual location of the line can be established by survey with the reference to the available tidal datum, preferably averaged over a period of 18.6 years. A less precise method, such as observation of the apparent shoreline, which is determined by reference to physical markings, lines of vegetation, may be used for the purpose of this permit. b. Ordinary High Water Mark (OHWM): The line on the shore, in non -tidal waters, established by the fluctuations of water indicated by physical characteristics such as clear, natural line impressed on the bank; shelving changes in the soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas. Special Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at htto://www.saw.usace.army.mil/Missions/Navigation/Setbacks.asux. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must submit the information described in General Condition "x" and obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Floating structures installed within the Federally Authorized Channel Setback must be designed to be removable. No utilities or infrastructure shall be permanently fixed/attached to floating structures located within the Federally Authorized Channel Setback. The permittee must submit the information described in General Condition "x" and obtain approval from the Wilmington District Corps of Engineers (Corps) prior to the construction of any structures within the Federally Authorized Channel Setback. c. This general permit does not authorize construction across or into any natural or manmade channel or waterbody in any manner that may adversely affect navigation by the general public. 2 d. Piers, docks, boathouses, boat shelters and piles authorized by this general permit may be extended or be located up to 400 feet waterward of the Mean High Water Mark (MHWM) elevation contour (tidal areas) or the Ordinary High Water Mark (OHWM) elevation contour (non -tidal areas) or one-third (1/3) the width of a waterbody, whichever is closer to the shoreline, except as otherwise governed by the presence of a Federally maintained channel. e. The width of any pier will not exceed six (6) feet, unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. f. The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. The maximum size of any individual component of the docking facility (excluding the pier) authorized by this General Permit shall not exceed 400 square feet unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. . g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square feet. Boatlifts will be open and will not exceed 400 square feet. h. Boathouses, boatlifts, boat shelters and will not be constructed over Federally jurisdictional wetlands. i. Docks and piers extending over wetlands will be elevated sufficiently (minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. j. Groins, jetties or breakwater structures shall not be constructed in wetlands, seagrasses and other submerged aquatic vegetation. k. Piers and docking facilities located over submerged aquatic vegetation may be constructed without prior consultation from the National Marine Fisheries Service if the following two conditions are met: 1. Water depth at the docking facility location is equal to or greater than two feet of water at mean low water level: and 2. The pier and docking facility is located to minimize the area of submerged aquatic vegetation under the structure. 1. Floating piers and docking facilities located over submerged aquatic vegetation shall be allowed if the water depth between the bottom of the proposed structure and the substrate is at least 18 inches at mean low water level. RECEIVED RECEIVED AUG 3 12018 OCT 2 3 2018 DCM WILMINGTON, NC DCh9-MHD Cl7' m. Jetties will not extend farther than 100 feet waterward of the MHWM (tidal areas) or the OHWM elevation contours. n. This general permit does not authorize the installation of fueling facilities on authorized structures. o. Riprap groins shall not exceed a base width of 10 feet. p. Riprap groins must be constructed of clean rock or masonry material and be of sufficient size to prevent displacement by wave or current action. q.. No groin shall extend more than 25 feet waterward of the mean high water or normal water level elevation contour. r. Groins and jetties shall not be located within primary nursery areas. s. No jetty shall be constructed during the period between April 1 and September 30, unless the activity is approved by NCDMF and the NMFS. t. Floating structures will be supported by material that will not become waterlogged or sink when punctured, will be installed to provide for fluctuations of water elevation, will be designed so that the structure will not rest on the bottom of the waterbody at any time and will be secured in such manner as to not break away. u. Breakwater structures will be no longer than 500 feet. They will have a minimum of one -inch openings between standard width (6 to 12-inch) sheathing boards and at least one, five-foot wide opening for each 100 linear feet of structure. v. Breakwater structures may not be constructed so as to prohibit access to estuarine waters or public trust areas. w. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. x. It is possible that the authorized structure may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. y. This general permit does not authorize habitable structures or any structure or associated facility for non -water related use. z. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway ld (AIW W), will be removed at the expense of the permittee, in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. aa. This general permit does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5). bb. Should all or part of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management before the onset of the proposed activity. Should a Federal activity within any one of North Carolina's twenty coastal counties or which could affect a coastal use or resource in any one of North Carolina's twenty coastal counties be proposed by a Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina Division of Coastal Management before the onset of the proposed activity. General Conditions. a. Except as authorized by this general permit or any Corps approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. c. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Resources. d. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). RECEIVED RECEIVED AUG 312018 5OCT 2 3 2018 DCM WILMINGTON, NC DCM-MHD CITY e. The activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. f. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. g. The permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the United States to its former conditions. h. This General Permit does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. The permittee must submit the information described in General Condition `Y' and obtain approval from the Wilmington District Engineer prior to the initiation of any activity that has the potential to modify or conflict with a federally authorized project. i. The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAWWeb-NAVausace.army.mil.j. The permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions•of this permit. k. This general permit does not grant any property rights or exclusive privileges. I. This permit does not authorize any injury to the property or rights of others. in. This general permit does not authorize the interference with any existing or proposed federal project. n. In issuing this permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (4) Design or construction deficiencies associated with the permitted work (5) Damage claims associated with any future modification, suspension, or revocation of this permit. o. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. p. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) q. This general permit does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the permittee provides the Corps with a certification from the Secretary of Commerce t1grjlggp`ppp6d REgEIVED AUG 3 1 Z018 OCT 2 3 2018 DCM WILMINGTON, NO DCM-MHD CITY activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. r. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees must submit the information described in General Condition "x" to the Corps if any properties subject to the above criteria may be affected by the proposed project. The permittee may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. s. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. t. No activity is authorized under this general permit which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act'(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed*. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/ or http://www.noaa.gov/fisheries.html. Permittees must submit the information described in General Condition "x" to the Corps if any listed species or designated critical habitat may be affected by the proposed project. Permittees may not begin work until notified by the Wilmington District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. *Note - Section 7 consultation has been completed for the West Indian Manatee and if the activity might affect the manatee, the permittee does not have to submit the information in General Condition "x" to the District Engineer as long the permittee complies with General Condition "u". Section 7 consultation has been completed for the Northern long-eared bat and the permittee must submit the information described in General Condition "x" to the District Engineer prior to commencing the activity if the project meets the criteria in General Condition "v". u. In order to further protect the endangered West Indian Manatee (Trichechus manatus), the permittee must implement the USFWS' Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at httL)://www.fws.gov/ne-es/mammaUmanatee euidelines.pdf. v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted with the United States Fish and Wildlife Service (Service) in regards to the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered Species (SLOPES) have been approved by the Corps and the Service. This condition concerns effects to the NLEB only and does not address effects to other federally listed species and/or to federally -designated critical habitat. A. Procedures when the Corps is the lead federal* agency for a project: The permittee must comply with (1) and (2) below when: • the project is located in the western 41 counties of North Carolina, to include non-federal aid North Carolina Department of Transportation (NCDOT) projects, OR; • the project is located in the 59 eastern counties of North Carolina, and is a non-NCDOT project. *Generally, if a project is located on private property or on non-federal land, and the project is not being funded by a federal entity, the Corps will be the lead federal agency due to the requirement to obtain Department of the Army authorization to impact waters of the U.S. If the project is located on federal land, contact the Corps to determine the lead federal agency. (1) A permittee using a Nationwide Permit (NWP) or a Regional General Permit (RGP) must check to see if their project is located in the range of the NLEB by using the following website: http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the project is within the range of the NLEB, or if the project includes percussive activities (e.g., blasting, pile driving, etc.), the permittee is then required to check the appropriate website in the paragraph below to discover if their project: • is located in a 12-digit Hydrologic Unit Code area ("red HUC" - shown as red areas on the map), AND/OR; • involves percussive activities within 0.25 mile of a red HUC. Red RUC maps - for the western 41 counties in NC (covered by the Asheville Ecological Services Field Office), check the project location against the electronic maps foun�at��'vED hLtp://www.f%vs.gov/asheville/htmIL/proiect review/NLEB in WNC.html. Forthtt 9 RECEIVED AUG 31 2018 OCT 232018 DCM WILMINGTON, NC DCM-MHD CIT" eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the project location against the electronic maps found at: httos://www.fws.gov/raleigh/NLEB RFO.html. (2) A permittee must submit a pre -construction notification (PCN) to the district engineer, and receive written authorization from the district engineer, prior to commencing the activity, if the activity will involve either of the following: • tree clearing/removal, construction/installation of wind turbines in a red HUC, AND/OR; • bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR: • percussive activities in a red HUC, or within 0.25 mile of a red HUC. The permittee may proceed with the activity without submitting a PCN to either the Corps or the USFWS, provided the activity complies with all applicable NWP terms and general and regional conditions, or all applicable RGP terms and general and special conditions, and if the permittee's review under A.(1) and A.(2) above shows that the project is: • located outside of a red HUC (and there are no percussive activities), and the activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR; • located outside of a red HUC and there are percussive activities, but the percussive activities will not occur within 0.25-mile of a red HUC boundary, and the activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR; • located in a red HUC, but the activity will NOT include: tree clearing/removal; construction/installation of wind turbines; bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, and/or; any percussive activities. B. Procedures when the Corps is not the lead federal agency: For projects where another federal agency is the lead federal agency - if that other federal agency has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1) determined that the project would not cause prohibited incidental take of the NLEB, and (2) completed coordination/consultation that is required by the Service (per the directions on the respective Service office's website), that project may proceed 10 without notification to either the Corps or the Service, provided all General and Regional Permit Conditions (for NWPs), or RGP general and special conditions (for RGPs) are met. The NLEB SLOPES can be viewed on the Corps website at the following World Wide Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Pro�zram/Agency-Coordination/ESA/. Permittees who do not have internet access may contact the Corps at (910) 251- 4633. w. If the permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. x. For activities that require approval from the Corps prior to initiating any work, the permittee must submit the following information to the appropriate Corps Regulatory Field Office: 1. Name, address and telephone number of the prospective permittee. 2. Location of the proposed project, including waterbody, nearest community and county. A detailed description of the proposed project, including applicable project details such as width, height, length of structures or fills, piling span, distance from the shoreline, type of materials, location of structure(s), and the amount of proposed impact to waters and/or wetlands. The description should be sufficiently detailed to allow the Wilmington District Engineer to determine that the adverse effect of the project will be minimal and to determine the need for compensatory mitigation. Project drawings should be provided when necessary to show that the activity complies with the terms of the RGP. (Drawings usually clarify the project and when provided results in a quicker decision. Drawings should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans). y. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. z. The permittee must install and maintain, at his/her expense, any signal liglw-gnd�IV�� signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on tRt RECEIVED 11 AUG q 12018 OCT 2 3 2018 DCM WILMINGTON, NO DCM-MHD CITY authorized facilitieg, For further information, the permittee should contact Coast Guard Sector North Carolina at,(9 1 Q) 772-219 t or email Coast Guard Fifth District at cgd5watcrwaysCa)bi&A.ihil aa. The permittee must maintain any structure or work authorized by this permit in good condition and 'M'. conformance with the terms and conditions of this permit. The Permittee is not relieved of thisrequiTement if the Permittee abandons the structure or work Transfer in fee simple of the work authorized by this permit will automatically transfer this permit to the property's new owner, with all of the rights and.responsibilities onumeratedherein.. The perm ittee, must inform nforin any subsequent owner of all activities. undertaken, under the authority of this permit and provide the subsequent owner with a copy of the terms and conditions of this permit bb. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that, this generalpermit wW not be applhcabletoa specific proposal. In such. case,, the proce procedures for processing an individual permit in accordance with 33 CFR 325 will be available. cc. Except as authorized by this general permit or any Corps approved modification to this general permit; all fill material placed in waters or wetlands shall be generated from an upland,, source and will be clean and free of any pollutants except in trace quantities. Metal products, organir, materials (including debris from land clearing activities), or unsightly debris will not be used. dd. Except as authorized by this general permit, or any Corps approved modification to this general permit,.all excavated material will be disposed of in approved upland disposal areas, ee. Activities which have commenced( i.e., are under construction) or are under contract to commence in reliance upon this general permit will remain.authorized- provicted the aqtiyity is completed within twelve months of the date of the general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit that were in effect at the time the activity was completed continue to be authorized by -the general permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: FOR THE CO_ NMANDER: /Scott McLendon4 Chief, Regulatory Division Wilmington District 12, United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING E"ACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Richechus mantas), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act, Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measures will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1 The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. RECEIVED RECEIVED AUG 31 2018 OCT 2 3 2018 DCM WILMINGTON, NC DCM-MHD CITY 1, Aean�RIOO yards ottheaLdve construction dtor dredging operadou-rivessel movements & appropriate: precautions will be implemented toonsube, proteadon, df the -&anddo. AdsO' pfddaWons ofd Opdatibbbi area of the equipment Adavities wlA 0A re$v= tw-, tliotowce ties,deparwA.e mject'aioaon tgmvlai"voktl04C;6 '�' k A-qy'6JIfial6h,WI& andlorl 'to thou s.l?Isw j.Ausigxi 2wlu- 1 bd'p- *i In.aWp i SSP. I - CA TQN: The; endangeiz�il manatee; may aacur"m these wafers during the vow 34004 oed un p y'frbj4 jda , Tdjosp Isypqi*04 if Opqa '- g'#is vegWeLin:4hall A� 'p r ..A dqm vleutml4tbo Of - *vm 04-14mtoo. offlaos, Service oj9 g564520), the Nafiong Marino, repo rted ... Fhheries Service (252-7294%6*and the Nor& CarolinaW11da,Rwomed-Cmidissloh (252- 44 4546) 6. Tliezontradb.r will main albg., detailing sightp p, 'collisicxus, and/or Wbr, injuries twmanated& dfirin projed-i. acdVitlesi. Tjpon, completion mf the action,,, the. #Pie'd,manager W'Mpro]Oar6 a I report. wld'cdi 7. Ali` vessels associated with the: 'Pidtstiuc-itda-,Vlt �' �d Opera -.W"'dW�s ,Te- will at IrAp ppe&,af'all times: while -ihwater -Where the draft ' tfie of,.-- -yesselprqvideslessth- foot ole from the bottom;: All- vessels : vvilt b* rq*@s of CIPPP wat er m@eqqv er p Mbj a. 9T£ siltation barriers. must bd. -h it in shgllowof materiel in which,manatees caDfIdt, be ot*&A-l(b mp�, bl'a; manner, thaf they. cannot break �ffev and — - � -1- Oulp I # Aegg 1-1.1 manner, -11.. 1 q*g& pangtoep,,apd, z(0) regularly Wg!foV4ttn ensure,lhaVm.wmtoes have mot; become; estim&4 vAlT lialiifaf :Barriers OA.: Fiih alidVAIdIffeS tvice? tox33726 9191856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally was only a small part of the head when the manatee raises its nose to breathe. W RECEIVED OCT 23 M8 DCM-MHO CITY Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re- evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp.52. RECEIVED AUG 31 2018 3 DCM WILMINGTON, NC ey .V, North Carolina Courtney Spears NC DEp 127 Cardinal Drive Wilmington, NC 28406 RE: 31 Pipers Neck Dear Courtney Spears: y M Department of Natural and Cultural Resources Natural Heritage Program September 21, 2018 Secretary Suai H. Hamilton NCNHDE-7026 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https //www fws aov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler0nodcr.cov or 919-707-8603. Sincerely, NC Natural Heritage Program MOILING ADDRESS. 1651 Mal SerNce Center Raleigh, NC 27699-1651 RECEIVED OCT 2 3 ,�,;,.3 DCA'.MNC CITE Telepirmc M9)707S107 w .ncnhp.org �:,-_-;VEC DC II WILMINGTON, NC SEP 2 4 2018 LOCATION- 121 West Jones Sheet Raleigh, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area 31 Pipers Neck September 21, 2018 NCNHDE-7026 Element Occurrences Reptile 19499 No Managed Areas Documented within the Project Area 2014-05-18 E 3-Medium Special G4 Concern Definitions and an explanation of status designations and codes can be found at )m/contentlhelo. Data query generated on September 21, 2018; source: NCNHP, Q3 July 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is contlnually added to the NCNHP database. Page 2 of 6 i v o m r S fTl Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within aOne-mile Radius of the Project Area � G 31 Pipers Neck m September 21, 2018 _ ii -' I' NCNHDE-7026 _l u Element Occurrences Documented Within a One -mile Radius of the Project Area Animal 11M Waterbird Colony — 1977 H 3-Med um "' - —GNR Assemblage Animal 1168 Waterbird Colony -- :2 BC 3-Vedium -- - GNR S3 Assemblage Animal 505 Waterbird Colony — 1983-06 H 3-Medium — — GNR S3 Assemblage Animal 23860 Waterbird Colony -- 20'.4-05-27 D 3-Mediurn -- -- GNR S3 Assemblage Bird 24219 Charadrius melodus Piping Plover - Atlantic 2006 E 3-Medium Threatened Threat melodus Coast subspecies Bird 27215 Charadrius wilsonia Wilson's Plover 2ii07 BC 340ediuri --- Special G5 S2B Concern Bird " "` 7220 Haematopus palfiatus ' Amenoan oystercatcher 2 „ 5-Very -- Sol G5 . Low Concern Bird 27221 Haematopus palliatus Arner,car Oystercatcher 2007 C? 4-Low --- Special G5 S2S3B, Concern S31N Bird 2n79 aematopus palliatus American OystercatcherRNM— Special GS S2S3B, Concern S3N Bird 27268 Haematopus palliatus American Oystercatcher 2007 D 3-Medium -- Special G5 S2S3B, Concern S31N Bird 19936 Passerinacids ''`" `"Painte'tlBunting 2017-08-01 AB 3-Medium — Special G5 S2B Concern Bird 16623 Rynchops noes Black Skimmer 2001 C 3-Medium -- Special G5 S2B S3 Concern N Bird 23865 Rynchops niger Black Skimmer 2007 B 3-Medium — Special G5 S2B,S3 Concern N Bird 19386 Sterna hirundo Common Tern 2001 C 3-Medium -- Endangered G5 S2B Bird 24M Sterna hirundo Common Tern 2007 C 3-Medium — Endangered G5 S2B Bird 23861 Sternulaantillarum Least Tern 2014-05-27 D 3-Medium -- Special G4 S38 Concern Bird ism Least Tern 2001 B 3-Medium — Special G4 S3B Concern Page 3 of 6 s Element Occurrences Documented Within a One -mile Radius of the Project Area Butterfly 13643 Papilio cresphontes Giant Swallowtail 2002-04-21 C 4-Low — Significantly G5 S2S3 Rare reshwater Fish _ 32417 Aapen' ' ser ozy'rinchus A4lantic Sturgeon 2012-04.04: E 4=Low :Endangere Endar G3T3 S oxyrinchus sa,.- Mammal 24390 Corynorhinus rafinesquii Eastern Big -eared Bat 2006-Pre E 5-Very — Special G3G4T S3 macrotis Low Concern 3 animal 32126 Myotis septentnonalis Northern Long -ear Bat 199'4-Post E CrVery T 4(d'^) Threatened G1t�1 S2 s: Low Mammal 17664 Trichechus manatus West Indian Manatee 2012-08-18 E 5-Very Endangered Endangered G2 Still Low atural 29$43 grackish"l�iaish — 2002-10-21 BG��"4 Low wG5 SFi unCommi a Natural 8821 Salt Flat --- 2002-05-15 B 3-Medium --- — G5 S4 Community aturaf� " " 10T3—T - Salt Maisl'i'(CaioCinian — 20d2=05�5 C 4 ow G5 ommunity ,.. It Subtype)' ` Natural 29538 Salt Marsh (Carolinian --- 2002-10-21 BC 2-High — — G5 S4 Community Subtype) epfile 18017 Caretta caretta Loggerhead Seaturge 2017-08-07 E 7 -Low ,.Threatened.. Threatened G3 83B S3 Reptile 1733 Caretta caretta Loggerhead Seaturtle 2017-08-11 E 4-Low Threatened Threatened G3 S3B,S3 N epfile 37972 Cheloniajmydas Green:Sea urtl�i�e 2006 D5 30 E 3 Medium' Threatened> Threatened) G3 S1 B St7 * IN Reptile 31881 Lepidochelys kempii Kemp's Ridley Seaturtle 2010-06-20 D 4-Low Endangered Endangered G1 S1B,SU N eptlle 19499 �Malacleriys tercapin"Diamondback Terrapin 20140518 E 3 Medum Specs( G4 S " Concern_ Vascular Plant 6029 Amaranthus pumilus Seabeach Amaranth 2016-08-18 D 3-Medium Threatened Threatened G2 S1 6sc6&'Plant ' 14273 Amaran hus purrilus Seabeach Amaranth 2013 . D 3 Mediam :ith[eatened ::Threatened .._...G2 . , S7 Vascular Plant 814 Ludwigia alata Winged Seedbox 1963 H 4-Low -- Significantly G3G5 S2 Rare Peripheral Iar Plant. 19390 ❑cca gtonosa Moundli y Yucca 2002-0515 C- 3 Medlum Slgnificantl G4r S27 :. W Page 4 of 6 Natural Areas Documented Within a One -mile Radius of the Project Area Paaa._Creek Natural Area R2 (Very High) Figure Eight Island Marsh R2 (Very High) C3 (High) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Ev-Henwood Nature Preserve University of North Carolina - Definitions and an explanation of status designations and codes can be found at httDS/Inwhde nat reserve oralcontent/helo. Data query generated on September 21, 2018; source: NCNHP, 93 July 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. CO O Y O Page 5 of 6 1 NCNHDE-7026t 31 Pipers Nbck Lj Pmject Boundary EA. ManagedAreaL(MAKEA), 0 Buffered P.mject Boundary E] Ndturaltieritefg-e-EWmnLDCMMPnca(.NHEO-) JNKP R*ralAreg (NKRA) Page 6 of 6 'a 10275 M55 11, xml FM hEkF WM , P CUP. GuM. MSW, �S"Wbp a M*U-sW; .r NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Ocean / Masons Channel Fee: $250 7236 DECEIVED CDAITS_ MHCcc Applicant: Johns M. Martin nu 9 q ma AgenttContractor: F & S Marine Contractors, Inc c% Ed Flynn Project Site County: New Hanover " Staff: Brooks Surgan District: Mimington Project Name: 31 Pipers Neck Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 7-19-18 Date application "received as complete" in the Field office: i Permit Authorization: X CAMA El Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes []NoPNA: Yes No Photos Taken: Yes N Setback Required (riparian): ❑Yes No Critical Habitat: ❑Yes No Not Sure 15 foot waiver obtained: LJYes pQNo Hazard Notification qetumed. ❑Yes ❑No SAV: ❑Yes OUNo ❑Not Sure Shell Bottom: []Yes No ❑ Not Temporary Impacts: ❑Yes tANo Sure Sandbags: LJYes fiQNo ❑ Not Sure Did the land use cl ssification come Mitigatiop,.Required (optional): ENO from county LUPAYes ❑No ❑Yes Moratorium Conditions: Environgp ntal Assessment Done: Length of Shoreline: ❑Yes t (No ❑NA ❑Yes 4NNo ❑NA 96 - FT Shellfish Area Designation: Project Description: (lode) Development Area: (code) pen -or- Closed E IJ SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) El Nutrient Sensitive Waters (NSW) = ❑ Swamp Waters (SW) El High Quality Waters (HOW) VA Outstanding Resource Waters (OR" WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomia sp.) wetlands) El (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) SO ❑ (JR) Black needlerush (Juncus D (SP) Salttmeadow grass (Spartina roemenanus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 El Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 El III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Johns M. Martin Date; 7-19-18 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. Replace I ' c Maint El ❑YJXN New Work Replace '7 Z Maint ❑ ❑ Y 06 N New Work ❑ Replace . ,.�. Maint ❑ ❑ Y ❑ N , New Work ❑ Replace , Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N . New Work ❑ Replace Maint ❑ I ❑ 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 \ ® �J Dredge ❑ Fill ❑. Both ❑ Other J 1 52 1 3 2 Dredge ❑ Fill ❑ Both ❑ Other ❑ 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.nccoastaimanaaement.net revised: 02126/18 v �11 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED 1) APPLICANT: Johns Martin COUNTY: New Hanover AUG 21 2018 PROJECT NAME: Martin Dock Expansion DCM-M H D CITY LOCATION OF PROJECT: 31 Pipers Neck, adjacent to Banks Channel, on Figure 8 Island, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-6-18 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Brooks S((u77rga , DISTRICT MANAGER REVIEW: 71— �— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 8-18-18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: I OIo�D II MAIL OUT DATE: 8-16-18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $250 #7236 END OF NOTICE DATE: 9-8-18 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 9-8-18 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance Division of Coastal Management-LUP Consistency Public Water Section (DWR) Land Quality Section (DEMLR) Division of Water Resources - 401 Section Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Marine Fisheries - Shellfish Section Division of Highways (NCDOT) Wildlife Resources Commission Local Permit Officer Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM Corps of Engineers - Regulatory Branch NC Division of Coastal Management AEC: Ocean / Masons Channel Fee: $250 #7236 / Major Permit Application Computer Sheet _ -' CDAITS _ MHC cc V Applicant: Johns M. Martin AgenttContractor: F & S Marine Contractors, Inc do Ed Flynn Project Site County: New Hanover Staff: Brooks Surgan District: Wilmington Project Name: 31 Pipers Neck Rover File: We River Basin: Cape Fear Initial date of application submittal: 7-19-18 Date application 'received as complete" in the Field office: Permit Authorization: CAMA ❑ Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes ONo PNA: ❑Yes No Photos Taken: Yes N Setback Required (riparian): Yes 14No Critical Habitat: ❑Yes PQNo LJNot Sure 15 foot waiver obtained: LJYes XNo Hazard Notification etumed: []Yes ❑No A SAV: ❑Yes RNNo ❑Not Sure Shell Bottom: ❑Yes CNo ❑ Not Temporary Impacts: ❑Yes nNo Sure Sandbags: ❑Yes fiQNo 0 Not Sure Did the land use classification come Mitigatio Required (optional): go from county LUP:Yes ❑No ❑Yes Moratorium Conditions: Environggkental Assessment Done: Length of Shoreline: ❑Yes KNo ❑NA []Yes yyNo ❑NA Q! FT Shellfish Area Designation: Project Description: (code) Development Area: (code) pen -or- Closed E (,J SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I El Swamp Waters (SW) ❑ High Quality Waters (HQW) K Outstanding Resource Waters (OR" WETLANDS IMPACTED El (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus El (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 El 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 ❑ ill(B) Public or commercial w/ 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 AUG 2 12019 acre; 4144 can be applied; DCM needs DWQ agreement - $400 chA-MHn CITY Johns M. Martin Date: 7-19-18 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 Maint ❑ Replace ❑ Y KN % ` G New Work Replace t Maint ❑ ❑ Y 06 N New Work ❑ Replace - Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp acts im actt amount tempimpacts) amount ©� Dredge ❑ Fill ❑ Both ❑ Other piim (J2 1 J Z Dredge ❑ Fill ❑ Both ❑ Other ❑ 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 :: 1-886.4RCOAST :: www.necoastalmananement.net revised: 02126118 Major Permit Fee Schedule ct Name: County, Check No & Amount: "'4i,'ls, DCM % DWQ % Development Type fee (14300160143510009316256253) (2430016024351000952341) I, Pnvate; ilon-oornmersail development I hat does not involve the Ming otxcavation of any wedards or openwaterreas r$250 1OQ% ($250) 0%($0) I1. Pork or commercia! development that oes not Invollv = the frliing or excavatorat any wetlands at'open wafrareas: $400 100`%a($400) 0%($0) III For developmentthatinvohies the filling andfor excavation of up to 1 wore of ,Hands andtor open water areas. Jeienn3ne rf A,B, C, or D betow applies. fl{At: Private, non-contmehoal e•veiopntent, it Gene of Water Ouaiity i ernfrcadon No. 41A4 (See attached) can he applied- $250 ,100% ($250) t+iO Public,of commercial aevefownent if General Water Qua6iy Gertlicatort No 44 {See attached) can ne applied $400 100% ($400) "YXI ($0) (C) if General Water Quality - .ertlfication No. 4144 (see attached) could tfe applied, but DGI A staff eteimmed that addrtiontif review and written DWQ consurence is needed use of concerns related to water it it uali4y oef aquatic life. $400 60% ($240) 40% ($160) MlO) If Gene;al Water Quality T eruncistor, No 4144 (sea atlachedl Cannot be applied: $400 J°%c IV . Development that involves the ftt)in,? anchor excavation of more than one a e: of wthands andror open water areas: $415 60% {$2&5 !_ �� (�) t'J) Date Date Check From Name of Vendor Check . Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 7/25/2018 F and S Marine John Martin PNC Bank 7236 $250.00 major fee, 31 Pipers Neck, BS rct. 6908 Contractors Inc Wilmington NHCo NO Split } L W W U N cu � U C] cL , W � Q U RECOMMENDATIONS FOR: Johns Martin August 16, 2018 The total area of floating dock and platform was calculated as follows: Shoreline length = 86 ft. x 8 ft. = 688 sq. ft. allowable Existing platform = 14 ft. x 7 ft. = 98 sq. ft. (credit applied for access) Existing finger pier = 5 ft. x 20 ft. = 100 sq. ft. Existing floating docks = 7 ft. x 4 ft. and 20 ft. x 6 ft. = 148 sq. ft. Proposed floating dock = 6 ft. x 20 ft. = 120sq. ft. Unauthorized platform = (2) 1 ft. x 6 ft. = 12sq. ft. Total = 478 sq. ft. The reconfiguration would provide docking space for the total up to five (5) vessels at this location. It is staffs recommendation that the proposal is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the ''/. width rule, the eight square foot rule and the pier width rule. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. RECEIVED AUG 21 2018 DCM-MHD CITY 0 NORTH CAROLINA Environmental Oual it), August 15, 2018 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: Johns Martin / New Hanover County ROY COOPER Governor MICHAEL S. REGAN Semiary BRAXTON DAVIS Dinxvor. Diri.uet of(,iwmlal MmwRement Hello Angie: Please publish the attached Notice in the Saturday, August 18, 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 K. Simpson Permitting Support & Customer Assistance cc: MHC Files Courtney Spears - WiRO Liz Hair - USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 7%7215 DECEIVED AUG 21 2018 DCM-MHD CITY 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 application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On August 6, 2018, Johns Martin proposed to expand an existing docking facility at 31 pipers Neck, adjacent to Banks Channel, Figure Eight Island, New Hanover County. A copy of the application can be examined or copied at the office of Brooks Surgan, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 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 September 8, 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 AUG 21 2018 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Johns Martin c/o Ed Flynn 2. LOCATION OF PROJECT SITE: Site is located at 31 Pipers Neck adjacent to Banks Channel and Middle Sound on Figure Eight Island, New Hanover County. Photo Index — 2006: 24-7408 0-2 3. INVESTIGATION TYPE: CAMA Lat:34°15'07.84"N Long:77°45'52.71"W 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/08/2018 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 7/16/2018 Complete — 8/6/2018 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington/New Hanover County Land Classification From LUP - Residential, Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Septic Planned- N/A (F) Type of Structures: Existing- Single-family residence; private docking facility Planned- New floating dock, realign existing float. 8. (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open Water) 132 sq. ft. (incorporated) (C) Other- Highground disturbance (D) Total Area Disturbed: 132 sq. ft. (0.003 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to reconfigure an existing docking facility within Banks Channel. RECEIVED AUG 21 2018 DCM-MHD CITY Johns Martin Page 2 9. PROJECT DESCRIPTION The project site is located at 31 Pipers Neck Road on Figure "8" Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south to Little Neck Road. Turn right onto Little Neck Road and take the next left onto Pipers Neck Road, the subject property will be located on the left side of the road. Existing structures on the lot includes a single-family residence and a private docking facility. The project site is approximately 0.44 acres and is vegetated primarily with upland trees and native grasses. The project site has approximately 86 linear feet of natural shoreline frontage along Banks Channel with a narrow area of Coastal Wetlands consisting primarily of Salt Meadow Grass (Spartina patens) and Sea Oats (Uniola paniculata). The existing docking facility was authorized under General Permit No. 63201-D on March 27, 2014. An existing pier, measuring approximately 103 ft. in length by 6 ft. in width extends in a westerly direction into Banks Channel. The pier terminates onto an uncovered platform, measuring approximately 14 ft. in length by 7 ft. in width, creating an "L-shaped" configuration towards the north. A finger pier, measuring approximately 20 ft. in length by 5 ft. in width extends from the southern side of the platform, running parallel to the channel. There are two (2) existing boatlifts, one on each side of the finger pier, measuring approximately 12 ft. in length by 12 ft, in width and approximately 10 ft. in length by 10 ft. in width within water depths of approximately -4.5' @ normal low water (NLW) (See Sheet 2 of 4). State Permit #60-15 was issued May 11, 2015 to Mr. Dean Painter authorizing a new access ramp extending from the landward side of the platform and leading onto a new "L"-shaped floating platform, measuring approximately 7 ft. in length by 4 ft. in width and approximately 20 ft. in length by 6 ft. in width. The existing docking configuration provides docking space for four (4) vessels at the existing facility within existing water depths ranging from approximately -2.0 ft. to -4.5 ft. at NLW (See Sheets 2 through 4). Although, State Permit #60-15 is set to expire December 31, 2018, the applicant does not propose to renew and have the permit transferred. Existing structures also include two (2) unauthorized P wide by 6' long pier bump -outs located 4' from the end of the 5' by 20' finger pier. The Wilmington -New Hanover County 2006 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 SA-ORW 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 OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to reconfigure an existing docking facility within Banks Channel. The application states that a new 6' wide by 20' long floating platform would be installed on the northwest facing side of the existing fixed platform and oriented parallel to the channel. The proposed float would also connect to the existing "L"-shaped float at the end of the dock. The existing "L"-shape dock would be shifted 2' away from the existing fixed dock so that it would align with the proposed float. The proposed new docking configuration would provide additional docking space for one (1) vessel for a total of four (5) vessels at the existing facility within existing water depths ranging from approximately -2.0 ft. to -4.5 ft. at NLW (See Sheets 2 through 4 of 3). The applicant also proposes to bring the two (2) existing unauthorized 1' wide by 6' long pier bump -outs in to compliance via this permit application. RECEIVED AUG 21 2018 DCM-MHD CITY Johns Martin Page 3 10. ANTICIPATED IMPACTS The proposed floating docks and unauthorized pier bump -outs would incorporate an additional approximately 132 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed structures would extend approximately 96 ft. into a waterbody, which measures approximately 470 ft. across. This distance would conform to both the 1/4 width rule and the established pier lengths. The proposed structure would not encroach into the channel or the adjacent 15' Riparian Corridor Setback Area requirement. Minor increases in turbidity should be expected during construction. Submitted by: Brooks Surgan Date: August 16, 2018 Office: Wilmington RECEIVED AUG 21 2018 DCM-MHD CITY F & 5 Marine Contractors, Inc. P.O Box 868 Wrightsville Beach, N.C. 28480 Phone/fax 910-256-3062 10 ,Tuly 2018 NCDEQ Wilmington, N.C. Capt. Ed Flynn Durwood Sykes email: efly6Dmsn. com The enclosed CAMA Major Permit application for Mr. Tohns Martin, 31 Pipers Neck, Wilmington N. C. 28411 is to relocate an existing floating dock two feet north and add a 6'x20' floating dock to the existing dock facility. There are currently three boatsl, vs. The dock addition will add one slip for a tota/off �uGSGjs, �KF�'1�+�1g This dock facility, is solely for the applicants family use. r1 /7�, mid RECEIVED AUG 21 2018 DCM-MHD CITY Complete Marine Construction Service For Over 35 Years RECEiVtD Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairmen WUMINGTON. NC 10 nra APPLICATION for Major Development Permit (last revised 12i27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Jodans MI lnt Last Name n,T Applicant 2: First Name MI Lait Name H additional applicants, please attach an additional page(s) with names Nsted. Mailing Address Po Box 6)2ci�sbo State t ZIP �� l Country ISM Phone No. FAX No. 3- o-d�ia'i e 3 3S� D yR Street Address (if different from above) City State ZIP Email 2. Agenf/Contractor Information Business Name -� "N hu0L, IA-k wr —Cq� Agent/ Contractor 1: First Name _ MI Last Name rz Agent/ Contractor 2: Firs/ Name MI Last Name OF Mailing Address PO Box 1�198 City Stale G/ni�bsvcJ�e►t� NrC, ZIP �Sy&� Phone No. 1 a56 -39 end. Phone No. 2 ext. FAX No. �1 �` a 56- 3�G1 Contractor i RECEI Street Address (d different from above) City State ZIP — AUG 21 Email ell �111,►,�u� DCM—M H ED 018 CITY <Form continues on back> RECEIVED DCM WILMINGTON, NC AJ 1 9 2018 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # IbLytouvyi-31 12 rn NeA Subdivision Name 6lucr; -- l D I City W y� ww (Tvh Stale / 4 Zip ZIp e Phone No. Lot No.(s) (if many, attach additional page with list) lb -a b(,1 esL 6#6L�,T 3 t . a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project l 1 C SNrL - c. Is tjile, water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural ❑Manmade ❑Unknown fifilb)h'4 !-1L )ii) e. Is poposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed Yes ❑No falls within. /wor'k &"' ..�lae'7 Y1 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 6.a) Iq aT s4 1 c. Size of individual lot(s) d. A oxlmate elevation of bract above NHW (normal high water) or qV2 N .a NWL (normal water level) J i (If many lot sizes, please attach adddional page with a list) ❑NH W or ldNAr- e. Vegetation on tract f. Man-made features and uses now on tract �ln�1L� �t1w►ji� �t�Sl�ejt�C g. Identify and describe the eAsting land uses adjacent to the proposed project site. h. How does local government zone the tract? I. Is th roposed project consistent with the applicable zoning? flklyec—i (A ch zoning compliance certificate, if applicable) EOYes ❑No ❑NA 14 J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No K. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Oyes Oo ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes o ❑NA National Register listed or eligible propertyl <Form continues on next page> RECEIVED RECEIVED DCM WILMINGTON, NC Hie 9 201$ 3 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑No (III Are there coastal wetlands on the site? 7Yes ❑Nq (tit) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes LtiAIN/o (Attach documentation, ifavedable) n. Describe etdsting wastewater treatment facilities. J/�ltjt>✓11h jcttot o. Describe existing drinking water supply source. �li1NtNG4ul GJ =n p. Describe existng storm water management or treatment systems. ��77 J5Llrbax' LUti 5. Activlties and Impacts a. Will the project be for commercial, pudic, or private use? ❑ mercial ❑Public/Governmenl rivatelCaewra *y b. Give a brief description of purpose, use, and daily operations of the project when complete. l e' h � t f�r` ,I rG �iVz Al14' �IJ tt� iRllj i R r d e 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. 17 d. List all development acdvilies you propose. �4tiFi uny N��Mf�y d°� alNn>Ll)d /ty�d I%1Jti �`x�i ��DAyIq�v_ e')lts e. Are the proposed activities maintenance of an extsttng project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes BAo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. I. Will wastewater or stormwater be discharged Into a wetland? ❑Yes IJNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑ ❑NA j. Is there any mitigation proposed? ❑Yes ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIV RECEIVED ED DCM WILMINGTON, NC 8 20N DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Penult 6. Additional Information 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) — (Q are always applicable to any major development application. Please consult the application instruction booklet on how to pmperfy prepare the required items below a. A project narrative. b. An accurate, dated work plat (including plan view, and cross-sectionat drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. it. A copy of the deed (with stale application only) a other instrument under which the applicant claims title to the affected properfies. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Nam Old rn 7.- +, / Phone No. Address yaya sl!l lrol iT2j JL4# 316q Name In1�L WI NLr-y, y/py1 Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. I. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). B 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. 1 further ceE'lfy that the information provided in this application is truthful to the best f my knowledge DateLd/341h anti Print Name C/'% "! J0T Signature t^' Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑mCM MP-3 Upland Development DCM RECEIVED VDON, NC CM MP-4 Structures Information RECEIVED JUL 19 2018 DCM-MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. h) Is the docking facility/marina: ❑Commercial ❑PublictGovernment PrivatelCamawtaty c. (i) Dock(s) and/or pier(s) (ii) Number I (III) Length 16 `l' Z L-Yl 7-111 & IN) Width —J,l// (v) Floating ❑Yes No IJ e. (i) Are Platforms included? Yes ONO If yes: (ii) Number t�1 f, I kl (iit) Length woo (iv) Width 6 ' 1 9 I (v) Floating ❑Yes dNo Note: Roofed areas ere calculated from dripline dimensions. g. (1) N ber of Ilps proposed Itmv7k� (ii) yumber of slips e>astlng_ i. Check the proposed type of siting: ❑ Land cut and access channel ❑ pen water; dredging for basin and/or channel pen water; no dredging required ❑Other; please describe: 4 1l k. Typical boat length: a m. (i) Will the lily have tie pilings? ❑Yes f No (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the fad' be open to the general public? ❑Yes o d. (i) Are Finger Piers included? L`JYes ❑No Ifyes: (ii) Number Nu -t //�l 1� R7(d��lSilnJr� (III) Length / IB} �-YI; I (iv) Width (v) Floating Yes ❑NNo I. (i) Are Boatldts included? V Yes ONO If yes: (ii) Number / r.f (III) Length ell �-1J J t (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: _ ❑ at ramp(s); number of boat ramps: — Oth�e�r,,,pllea describe: JY _ DII I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). L (i) Will the faciiilibe open to the general public? ❑Yes ENO RECEIVED AUG 21 2018 RECEIVED DCM WILMINGTON, NC JUL 19 2018 DCM-MHD CITY""`=,e,& 1227 06 2 DOCKING FACIL/TYINARINA 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. (i) Give the location and number of "No Sewage Discharge' signs proposed. (it) 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? It. 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. I. What will be the manna policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? CEIVED RECEIVED DCM WILMINGTON, NC in. Is the madneltlocking facility proposed within a primary or secondary nursery areal ❑Yes ❑No JUL 19 2018 AUG 21 2018 DCM-MHD CITY reuis„r 12 27 06 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 wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) I IT 4IThis section not applicable a. (i) Is the boathouse structure(s): 1--)Commercial ❑PublidGovemment ❑Pdvate/Community (0) Number (III) Length (hr) Width Note: Roofed areas are calculated from ddpline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) r /%t 4This secWn not applicable I a. (i) Number (ii) Length _ (III) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) I /V &This section not applicable I a. Length c. Maximum distance beyond NHW. NWL or wetlands b. Average distance from NHW, NWL, or wetlands I & MOORING PILINGS and BUOYS / l7 19 This section not applicable I a. Is the structure(s): ❑Commercial ❑PublidGovernment ❑Private/Communlly c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ T GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED AUG 21 2018 DCM WILM N(GTON, NC JUL 19 2018 t a. Proximity of structure(s) to adjacent riparian property lines -i /S/ Note: For buoy or mooring pfffng, use arc of swing including length of mssef. c. Width of water body — 4 Soo' e. (t) Will navtgjibnal aids be required as a result of the project? ❑Yes 101,10 ❑NA (it) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking fadifties. -Fora' d. Water gepth at waterward end of structure at NLW or NWL -G HLO & OTHER ❑This section not applicable a. Give complete description: pIul�16 Date Project Name k !%nit App{icant Nadle Applicant Sig re RECEIVED RECEIVED DCM WILMINGTON, NC JUL 19 2018 AUG 21 2018 DCM-MHn CITY J lntis �f�l� ?1 P pw oA 1, PATRICK C.BRWOW, aK THATTI15PROMEMWA55NW2'RD AND NV WINK UNOBf MYSLFCRNSXNI: DF9 RIMIW A551OWN ON TM FA(S OF IH15 PUT: PATIO OF PRC50 M CAIDIUIED 8Y CoNgu R 15110.000+; THAT TM tlgM'DARIL51,01, M ITD ORE SHOWN BY BNO10 DIk5 PLORED FROM INfpeWATON RRRNCLU, MAT IH15 PIAI WA5 PRRARB) N ACCORDANt WM ' t5TADARO50F ^W.1:IIC`. HM IAND %HYING IN NORTH CAROIW (2) NOC 5G.1 GOA); WITNPW W OWAK 5K+WTLRt. 'lCEN%R1 NIIM8t1( AM) SEA: TH1523U DAY a NAY I-D. 2018. PATRICKC BPJSTOW N.C. PL5 No. L4148 LOT AREA TABLE UPLANDS: 18,029 50. FT. SUBMERGED LANDS: 1,242 50. FT. TOTAL: 19,271 50. FT. (0.442 ACRES NOTE: NORMAL HIGH WATER UNE DELINEATION BY SURVEYOR. THIS UNE MAY NEW VERIFICATION BY COASTAL MANAGEMENT PRIOR TO PERMIT ISSUANCE. IY.I,i M4'ANll LV 5URV1YKtMl AI rdt 1 nr I>'ClllSrvL USr w IM PI . YCR I. p rN1111 NMA1D IN M fSA1ir1 a11lNJ nflUp I.NU VAY Br 11w NVi rOR MV P,1RPpi(R[WIR[p ryF1111. W.NC! GF M1R U151 N®S AS wRtf 'N`v lnit. P¢RMmpiG MMW iW4NLl RLW W.[.4CMi G! N&IC. f,WI.R Ov. fbYIXNNfNfH IG[HLY. Sl � r� �'iNn � GJO�GILQ2Aw,r16. PROPOSED PLERHEAO LINE FLOATING DOCK FRA PER O PG 3 WOODEN BULKHEAD WP WICKER LOT 29 DB 4830 PG 56 MASONS CHANNEL — EBB FLOOD -- NOTE: PIERHEAD UNE 15 PRELIMINARY AND 5UBJECT TO REVIEW BY COASTAL MANAGEMENT. CHANNEL AXIS FORM5 A CURVE IN THIS LOCATION, CORRIDOR LINES ARE DRANK! SQUARE TO PROPOSED PIERHEAD LINE PENDING REVIEW BY COASTAL MANAGEMENT REPRESENTATIVE. IIBILL IL I +I a IN 1 f II� N I� o 11 N5 23geg Ilm I S+N 45.28' t I N3L�354 � la I r UPLANDS —IN I 1 I I I II LANDS UPLAND IMPROVEMENTS NOT SHOWN FLOATING DOCK 2V 6 1 lnf ON'NO10NII4I1M WOO 03AI3O3ZL LOCATION MAP SURVEY REI'ERENCE IMP BOOR 14 PAOF 3 OPID BOOK 3 FAM 2122 NOR: TMB lOi B LOGTBD W 1(JIB: AC (141 M RR 1 t � NIAP•3Y203 pBW J • RAMPI BL I Tz01 I BL 1 „ywL 3. + I FIER IN �IIN .Z115 1 UNE AS PER ME 14. PG 3_ _ T 1 � 'C I .� wRvrw Lor 1s 5ueecr ro Au 1 "' uTum rAseuelrr0, R6TRICfgN.a ORCOrolArns or Rccow. 1 NORMAL HIGH I 1N i WARM UNE± UI 1 I LEGEND ' 0 - tMTINL Utp1 ML 1ER 0- LOMRIX MONIIMINT W tr A LOT 3IT3 B- 9Cl IIfON PIPE DB 4725 Fr. 727 1 suanv wNl ro �- RIPARIAN 5U RVEY FOR PATRICK C. BRISTOW MAY23, 2018 PIPERSNECK 3 I LLC LAND SURVEYING, PC 30 O 15 30 60 F AI1s HOBR wrve WTNGTO LOT 31 5ECTION I I BLOCK'BN FIGURE EIGHT 15LANmloer+Iu)wI I I g10Mriruw,:untyigmp I INCH-30 FEET -HARNETT TOWNSHIP NEW MANOVER CAUNTY, N.C. I:MAII,: � FlNM ua:rvsuw: rvo.cm'FI /oTulr �a16 EYED AND MAP DRAWN UNDER MY 5UPERVf510N: PEC15ION A5 CALCULATED BY COMPUTER IN 8Y BROKEN UN'E5 PLOTTED FROM, CORDANCE WITH 'THE STANDARD5 OF i6.1604); WTTNE55 VY ORIGINAL SIGNATURE, —A.D. 2018. �lVnS MlfnijN Rpm Gel k dAA3_14j M Zf3vU 00 /a3 Xisli�9 PROPOSED PIERHEAD LINE FLOATING DOCK f ,c I BL 1 4% I I �o`>� RAMP PIER LINE A5 PER _ MB 14, PG 3 ojj5 l w6 ODJ,/ WOODEN BULKHHEAD I N/F WICKER LOT 29 DB 4830 PG 56 MASONS CHANNEL -- EBB FLOOD -- 4ou 2 o�M MNo c r Y NOTE: PIERHEAD LINE: 15 PRELIMINARY AND SUBJECT TO REVIEW BY COASTAL MANAGEMENT. CHANNEL AXI5 FORMS A CURVE IN THI5 LOCATION, CORRIDOR LINES ARE DRAWN SQUARE TO PROPOSED PIERHEAD LINE PENDING REVIEW BY COASTAL MANAGFVENT REPRE5ENTATIVE. ki c� r O m BL l FLOATING DOCK gd.27' GATING I I Y — 1 i1 :OCK t I { BL I { 1 `_ I I 1 1� R,4 •'P IN mjw N c°1LA all Irn l I N9' 12 34° 1"E I _ 28.10' 5F 0'+ 0.34 g I235"E NOU \ 40.99w 5'JBMERGED UPLANDS LANDS 's 1 N Ln UPLAND IMP<O✓FMENT5 NOT 5`OVN PIER LINE A5 PER MB 14, PG 3 / U z z C)o o JORMAL H a WATER ± W -� U LY N/F PAI LOT OB 4725 rn C%�F I PIPERS hECK.dwg RIPARIAN SURVEY FO K GO PIPER5NECK 3 1 , LLC ° IO '18 LOT 31 SECTION I I BLOC,<, 11511 1- FIGURE EIGHT ISLAND W10 v HARNETT TOWNSHIP NEW HANOVER COUNTY, N.C. YED AND MAP DRAWN j.%X? IVY 5UPERVISION: RECISION A5 CA; ,;X. __U 5Y CCy'UTER q� O XFOANC(MIHTH.5T IDA!",b MASONS CHANNEL ° �, c2 zo :ARDANCE WI T H THE STANDARDS OF C I 6.1604); :'8T.E55 VY OZG NIAL 5'GNATU'RE, M, !8 -A.D. 2018. E55 FLOOD �C OM iiIMt71AJ pp���N 1CA I� O!-',,- flivm& Nat '• NOTE: PIERHEAD L\F IS PRELIMINARY AND SUBJECT TO 'tl�tW4ltipJM �= : st 9aa. REVIEW BY COA57A'L VANAGEMENT. CHANNEL AXI5 FORMS J Z�y11 �, �_4y� A CURVE IN TH15 LOCATION, CORRIDOR UNE5 ARE DRAWN SQUARE TO PROPOS`D' PIERHEAD LINE PENDING REVIEW BY COASTAL MANAG_VENT REPRESENTATIVE. 06 dL Ijnn✓/el J(� �.%, pr it9 �'� aB .SOU FLOATING 0) DOCK PIERHEAD LINE FLOATING J °36,07°E 81.271 DOCK ` *_— T N3 LIP =_OATING! I f RAMP! BLi 0 ! ! BL DOCK i l BL I BL I RSR C� ftiP'J I I PIER �- - -6 ALXx- T+ it BL hµ#\ I �n,al� p"kaN��► Imo' RAMP 4� `� i � I Rx4(�s •'Ff�a I N PIER LINE AS PER I W I W LINE AS PER = B 14, PG� rn I ►rn MB 14, PG 3 � EI N34° 19 2.5i 2 ` I N56 _ .1 �^�ISf111b 4g°E _ _ OCR �l a !, VF 0' 10.3 z H N 45.28 O N3 ' ` ° NORMA FYGH2 C I N g° 12'35"E 40 99, w' WATER�IYEt2 WOODEN ^ I d :3MERGED o I 0 2 15ULKHHEAD I PLAND5 -ANDS Lj_'I w U N/F WICKER ip LOT 29 cm — N/F PAI DB 4830 PG 56 0 UPLAND !V'<C ./E,MENT5 S" LOT Ln co NOT 5-C.r,N DB 4725 PIPEC5 KECK.evg RIPARIAN 5 U RV EY FOR GO PIPERSNECK 3 1 , LLC"63'`�,"g LOT 31 SECTION I I BLOC: "BII FIGURE EIGHT 15LAND .00 � HARNETT TOWNSHIP NEW HANOVER COUNTY, N.C. V,p,��°, �oaL 5�'trt,N tA-U% U Z Z ❑O > (D F&S Marine Contractors, Inc. LU Complete Marine Construction Services X For Over 40 years! _ pU CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: efly@msn.com Mid M Q oo N U > LU W Era cZ U Q NUv ROY COOPER , Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dtrector NORTH CAROLINA Environmental Quality August 16, 2018 F & S Marine Contractors, Inc. c/o Ed Flynn PO Box 868 Wrightsville Beach, NC 28480 Dear Mr. Flynn: The Division of Coastal Management hereby acknowledges that on August 6, 2018 we received your completed application, acting as agent for Johns Martin, whereby you are requesting State approval for the development of property located at 31 Pipers Neck, adjacent to Banks Channel, on Figure Eight Island near Wilmington in New Hanover County. The projected deadline for making a decision on your permit application is October 20, 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 6, 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 on -site inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Brooks Surgan Field Representative cc: Courtney Spears, DCM-WIL Liz Hair, USACE Doug Huggett, DCM-MHC Johns Martin, Applicant Christine Bouffard, LPO 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 .RECEIVED AUG 21 ?018 1)C►44AHD CITY N()T 1 (04'0* 1 70A W. -cc Wo CAMA PERMIT APPL T RAW -As on I E FOR ristinp dockirn fa ciii el, 0 U G COMMENTS ACCEPTED THROUGI$e tember B. 2018 APPLICANT: Johns M. Martin 401 N. Greene Street Greensboro, NC 27401 Agent: Ed Flynn (910) 256-3062 FOR MORE DETAILS CONTACT Oog8tlQlp W NC DivoasaManagement �~ 127 Cardinalr. extension Wilming on, Broo s urgan, -ie epresen a eve 9 - ZiM Domestic Mail Only 3 For delivery information, v. =117.411111:1wi Ln -n Ln Certified Mail F. s $3.45 ki'sVit- 0480 4 117 4C 13 0 EMreServices & F. f $ xf, E 3 C3 C�A"WE 10 $ P.M1 la M Hr. k C EIMUNS19�R�DWWy$ 2018 Postage $1.42 $ C3 M Ln C3 407/1 8/889 Sps Total Po and F� $7.62 r, Sent To C3 r- . w ------- I ------ ---------- -- ------- G� ZWA ----- -stiti, 4, ru -11 C3 3.11.191MIM, M Ln SANMDFNF2132% w I A -n `w"ee 3.4S In Er $ 18 r, 2 0 Real. Refeipt ED 0 ❑ RealmReceipt"t. C, ❑0 �fflw Ma � ow�y $ Elmuft&gn�R�DW� IS 2018 PM�ge $1.42 -1UL M M $ TOUI �Po�" ano Vf M $ 62 M1 Sent To 04, rq ariJApi _U,7 91 st�f --- R > M L) LLI Charles Choux SC 17-15 330 Little Kinston Rd / SFR 9-29-17 -17 Minor/PN Dail AGENT AUTHORIZATION FOR CCAMA PERMIT APPLICATION Name of Property Owner Requesting Permit. - Mailing Address: �111 A 64d,11, Gnr2 rwl ���, 12Igo/ Phone Number: // Email Address: 1PilASM0VQI 1 0/fvl/IYYtS—eje(MIZ160In I certify that I have authorized L_ Agent / Contractor ,to act on my behalf, for the purpose of applying for and obtaining all CAMA permits r necessary for the following proposed development: a db /3%D bf�-CA°�UtiS at my property located at 3) PI,Ot�r6 Uk in t�1J�r Ifnuv� County. I furthermore certify that i am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, N►e Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Infornutlon: A / ,t e or Type Name Dwn 01-1 Title G 1/� 1 /9 Date This certification is valid throughy I L' 1 i' RECEIVED AUG 21 2018 DCM-MHD CITY RECEIVED XM WILMINGTON, NC AUG 0 6 2018 Book 5991 Page 1198 RECEIVED AUG 21 2018 0CM-MHD CITY BK: RE 5991 PG: 1198 - 1199 NCFEEMM RECORDED. 2Di GD247D9 oeroertals NEW HANOVER COUNTY, REAL ESTATE TAMMY THEUSCH BEASLEY 10:51:38 AM REGISTER OF DEEM EXTx S43DD.DD BY CAROL HUGHLEY DEPU ELECTRONICALLY RECORDED NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 4,300.00 Parcel Identifier No R05207-002-019-000 Verified by County on the _ day of. 20_ MaillBoxto: WilliamG Burgin III Attorney at Law P.O. Box 2888 Greensboro NC 27402 This instrument was prepared by: Fuss Law Finn PC-Nn TITLE ECkM1NATION PERFORMED Brief description for the Index: LOT 31 BLKB SEC Il FIGURE EIGHTISLAND THIS DEED made this 2nd day of August , 20_16 by and between GRANTOR Bernard Jefferson Morris, Jr. and wife, Jill Anne Painter 8A Marina Street Wrightsville Beach, NC 28480 Pipersneck 31, LLC 31 Pipers Neck Road Wilmington, NC 28411 Mailing Address: 401 North Greene Street Greensboro, NC 27401 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g corporation or partnership. _ The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receiptof which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land -or condominium unit situated in the City of Wilmington Township, New Hanover County, North Carolina and more particularly described as follows: Being all of Lot 31, Section 11, Block B, of Figure Eight Island, as shown by trap thereofrecorded in Map Book 14, at page 3 , of the New Hanover County Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Book 5890 page 2122 All or a portion of the property herein conveyed — includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 14 page 3 Page 1 of 2 NC Bar Asaociarim F=No. 3 01976, Revised 0 1977,2002, 2013 iris standard form has been approved by: Printed by Agreemeat with the NC Bar Association-1981 North Carolim Bar Association - NC Bar Form No. 3 submitted electronically by "Tuggle Duggins P.A." i-+F t-tVP in compliance with North Carolina statutes governing records iF—cQUmAn and the terms of the submitter agreement with the New ,aDR,4A VALgWN 0Nr NC Deeds. AUG as2018 Book 5991 Page 1199 RECEIVED AUG 21 2018 DCM-MHD CITY TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawfal claims of all persons whomsoever, other than the following exceptions: Easements and Restrictions of record. 2016 ad valorem taxes. ' IN WITNESS WHEREOF, the Grantor has duly executed the foregoini (Entity Name) PrinVlWe Name & Ptint/I'ype Name & By: (SEAL) Ptint/fype Name & Title: Printgfpe Name: State of North Carolina - County or City of New Hanover I, the undersigned Notary Public of the County or I .New Hanover and State aforesaid, certify that Bernard Jefferson Morris, Jr, and wife, Jill Anne Pain �E 't'rr rsanally appeared before me this day and aclmowledge4 the due execution a oing ins ent for the purpo in expres nness my hand and Notarial stamp or seal thi^�'-°E`lY�V+ day of MY COMMIaSION EXPR1EB My Commission Expires: QIQ d ' 2 c Notary Public (Affix Seal) y /DUgL1G= Notary's Printed or Typed Name State of - County or City oT'4a_+- — 1, the undersigned Notary Public of the County or City execution of the foregoing instrument for the purposes therein expressed. 20_. My Commission Expires: (Affix Seal) and State aforesaid, certify that personally appeared before me this day and acknowledged the due Witness my hand and Notarial stamp or seal this _ day of Notary's Printed or Typed Name Public State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that Jie is the of a North Carolina or corpora[ion/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my band and Notarial stamp or seal, this _ day of , 20_ My Commission Expires: (Affix Seal) Pop 2 of 2 NC Bar Association Form No. 3 ® 1976, Revised O 1977, 2002, 2013 Printed by Ageemeat with the NC Bar Astoeiatim — 1981 Public Notary's Printed or Typed Name �? �_�¢�ID��sitah ben approved by: Ctyi ui�°M° NUN NUaerFmnNa.3 AUG 0 6 2018 July 31, 2018 SENT VIA EMAIL Ed Flynn c/o F & S Marine Contractors, Inc. P.O. Box 868 Wrightsville Beach, NC 28480 RE: CAMA Major Development Permit Application 31 Pipers Neck Rd., Figure Eight Island, Wilmington, in New Hanover County Dear Ms. Stone: The Division of Coastal Management hereby acknowledges receipt of your application on July 16, 2018, acting as agent for Mr. Johns Martin, for the reconfiguration and expansion of the existing docking facility located at 31 Pipers Neck, in the Figure Eight Island subdivision, Wilmington, New Hanover County. However, your application still lacks the information necessary to complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this E-mail 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 days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. We suggest a preliminary meeting to review the application and address the deficiencies on the checklist. Please let me know when it will be most convenient for you to come in. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796.7270. Sincerely, Brooks Surgan Field Representative Enclosures cc: Debbie Wilson, DCM Wilmington Doug Huggett, DCM Morehead City (RECEIVED Courtney Spears, DCM Wilmington �� AUG 21 2018 DCM-MHD CITY North Caroffna Department of Environmental QMfty ; DWslon of Coastal Management Wfth,Rton.Ofrim 127 Cardinal Drhm Ederulm I.. .. North Cam&m2WS slo74e:721s CHECKLIST OF ADDITIONAL REQUIRED INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION Our permitting records indicate that there were 4 slips authorized at this docking facility under State Permit #60-15 Your proposal would increase the total number of slips to 5 and must be reflected in the submitted application The followine are areas that need to be revised as well as other items that were deficient in the application. NARRATIVE Increase the total number of slips to 5. fuIZ2141,15 • 1(g)(i) — There would be a total of 5 proposed slips. • 1(g)(u) — There are 4 existing slips at this docking facility. S(a) — There would be a total of 5 proposed slips. WORKPLAN DRAWINGS • Illustrate the correct number of slips. • Removed "Proposed" from the "Pier Head Line" label. ADDITIONAL ITEMS • Signed Agent Authorization • Deed a Green Cards RECEIVED AUG 21 Z018 DCM-MHD CITY North Carorm Department ofEnvhvnnWIW Qmftty ! nMslon OfCoasuf Nanagm t WI<QtUtgtan tf W I; in CargYolDrO tl L Wft&qftftNa1h Caroflm25405.