HomeMy WebLinkAbout116-18 Memoli, MichaelPermit Class Permit Number
NEW _ 116-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
�Pl'tl�it
for
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 Michael Memoli130 Nanette Way Lewisville, NC 27023
Authorizing development in Pender County at adi to the AIW W 102 Inlet Court.
Hampstead as requested in the permittee's application dated 8/9/18 (MP-1) and rev. by DCM
8/22/19 "WF 4) including attached workplan drawings (2) 1 of 2 dated rev. by DCM 8/22/18 and 2 of 2 dated 7/26/18.
This permit; issued on October 10, 2018 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docldna 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 aflkr�D
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions) OCT 2 3 2018
This permit action may be appealed by the permittee or other Signed by the authority of theme 14[)�'yQ *d
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.
C 1' .
fort Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Michael-Memoli
Permit No. 116-18
Page 2 of 3
ADDITIONAL CONDITIONS
3) The permittee shall maintain the authorized work in good condition and inconformance 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 offour.(4) formalized boat slips.
6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and both adjacent property_ owners' riparian access corridor.
7) The authorized covered platform shall not be enclosed. Any -material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with.benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
8) The.authorized covered platform shall be -single story, and shall not be designed to allow for second story
use.
9) No attempt shall be made by the permittee to prevent the fall and free use by the public of all navigable
waters at or adjacent to the authorized work.
10) In order to further protect the endangered West'IndianManatee, Trichechus manatus, the applicant must
implement the U.S: Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The. guidelines canbe'found at htt6://www.fws.pov/nc-es/mammaUmanatee gWdelines.ydf.
General
11) - The permittee and/or his or her contractor shall meet with a representative of the Division prior to
.project initiation.
12) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the .
written approval of the Division of Coastal Management.
13), This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
-which may be caused from existing or future operations' undertaken by the United States in the public
interest.
14) 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 farther advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
Michael Memoli Permit No. 116-18
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit
197800056 (Action ID No. SAW-2018-01700), which was issued on 8/24/18.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2018-
1184.
NOTE: An application processing fee of $250 was received by DCM for this project.
RECEIVED
OCT 2 3 2018
DCM-MHD CITY
o
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Notes
0
End PN/Comment Deadline:
30 Day Comment Period: q
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Issued: 10111) A
RECEIVED
OCT 2 3 2018
DCM-MHD CITY
Spears, Courtney
From: RPC Marine <rick@rpcmarine.com>
Sent: Wednesday, August 22, 2018 8:33 PM
To: Dail, Jason
Cc: Spears, Courtney
Subject: [External] Re: Michael Memoli application and drawings
Jason,
Thank you for the forwarded revisions. I confirm that they are correct.
Best regards,
Rick Penny
810-352-1317
Sent from my mobile
On Aug 22, 2018, at 08:03, Dail, Jason <]ason.dail@ncdenr.aov> wrote:
Hey Rick, good morning.
I've attached a copy of a revised MP-4 form (page 1 of 4) addressing the existing and proposed slips. You
had indicated there were "0" slips proposed and "0" existing so I chaged the form to address that. Also, I
numbered the slips on the site plan drawing.
If you are agreeable to these changes, please reply with a confirmation.
Let me know if you have any questions.
Thank you,
Jason
Jason Dail
Field Representative
NC Department of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC28405
Phone: (930)796-7221, Fax: (910)39S-3964
Jason.Dail0Wncdenr.gov
<image001.png>
*E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
<File0360.PDF>
RECEIVED
ocl 2 3 Zola
DCM-MHD CITY
it"µt.
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. (i) Is the docking facility/manna:
❑Commercial ❑Public/Government [Private/Community
❑This section not applicable
b. (1) Will the facility be open to the general public?
[]Yes ❑No
c. (1) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? ❑Yes ONo
(ii) Number 1
If yes:
(iii) Length 16
ii
(�) Number
(iv) Width 6'
(Ili) Length
(v) Floating [R(es []No
(iv) Width _
(v) Floating []Yes []No
e. (1) Are Platforms included? OYes ❑No
I. (i) Are Boatlifts included? (3Yes ❑No
If yes:
If yes:
((i) Number 1
(ii) Number 1
(iii) Length
(iii) Length 10
(iv) Width 2 ' 6
12'6"
(iv) Width
(v) Floating []Yes [Rfdo
Note: Roofed areas are calculated from ddpline dimensions.
g. (1) Nrul7�nbar of slips proposed
-
-•ASOA
�
0P
h. Check all the types of services to be provided.
A �j
ql� 1t)
[I Full service, including travel lift and/or rail, repair or
Number /
Yr J
maintenance service
(11) of slips existing
(b`
❑ Dockage, fuel, and marine supplies
❑ Dockage ("wet slips") only, number of slips: _
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Otter, please describe:
NA
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
Mopen water; no dredging required
[]Other; please describe:
k. Typical boat length: 2 2 '
m. (i) Will the facility have tie pilings?
[]Yes ONO
(11) If yes number of tie pilings?
NA
I. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
open runabout
RECEIVED
OCT 23 2018
I. (i) Will the facility be open to the general public?
❑Yes MNo DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
252-808-2808 :: 1-888-dRCOAST :: www.nccoastaimanaciement.net revised: 12/27/06
r^
KL'
Form DCM MP-4 (Structures, Page 4 of 4)
7. GENERAL
a. Proximityof structure(s) to adjacent riparian property lines
8'
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
587'
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
NA
d. Water depth at waterward end of structure at NLW or NWL
4'-3"
8, OTHER ®This section not applicable
a. Give complete description:
Date
8/09/2018 (�� �jM (All
�� wl I
Project Name
Memoli Major Permit
Applicant Name
Richard Penny
Applicant Signature
Digitally signed by Nchard Penny
DN: cn=Richard Penny, o=Richard Penny
Richard Penny Construction, LLC, cu=BPC Marine,
email=dck@rp marine.com, c=US
Date: 2018.08.09 22:3S:l2 -04'00'
RECEIVED
OCT 23 2018
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanarrement.net revised: 12/27106
North Carolina Department of Natural and Cultural Resources
Natural Heritage Program
Governor Roy Cooper
September21, 2018
Courtney Spears
NC DEQ
127 Cardinal Drive
Wilmington, NC 28405
RE: 102 Inlet ct
Dear Courtney Spears:
secretary Susi H. Hamilton
NCNHDE-7024
RECEIVED
OCT 2 3 2018
DCM-MHD CITY
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database, indicates that there are
no records for rare species, important natural communities, natural areas, and/or conservation/managed areas
within the proposed project boundary. Please note that although there may be no documentation of natural
heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have
been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists.
In the event that rare species are found within the project area, please contact the NCNHP so that we may
update our records.
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 found within the project area or is 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:
hh tps:/Avww.fws.aov/offices/DirectoWListOffices.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.
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 Federally -listed
species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assiStalease
contact Rodney A. Butler at rodney.butler®ncdcr.coy or 919-707-8603. (- _ V CL
DGNI WILMINGTONI NC
Sincerely, NC Natural Heritage Program SEP 2 4 2018
MNLING AWFIESS: Tekphane: t919)7075107 LOCATION:
1651 Mai Serrce Ceder r .ncrip.ag 121 West Jones Shed
Raleigh, NC 27699-1661 Raleigh, Nc ZMM
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
,102 Inlet ct
September 21, 2018
NCNHDE-7024
Dragonfly or
33765
Somatochlora ge
Damselfly
reshwater^Posh
2417
Adpenserorryrint
'
o�iyrtttdius
Natural
247
Marsh Hammock
Community
Natural Areas Documented
Within a.One-r
sunung ,, curr-vc-¢
Emerald 2004-Pre
turgeori 2012-040
No Managed Areas are Documented Within a One -mile Radius of the Project Area
Concern S3N
Concerrt
-- Significantly
G3G4 S2?
Rare
B 2-High -- G3? S2
Definitions and an explanation of status designations and codes can be found at httos,//ncnhde natureserve org/cnntentthelo. 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 continually added to the NCNHP database. -
Page 2 of 3 A
J
NCNHDE-7024: 102 Inlet ct
f
U
i
Z - -
September 21, 2018 1:21,580
❑0 0.175 0.35 0.7 ml
Project Boundary
Buffered Project Boundary 0 0215 0.55 1.1 wn
Natural Heritage Element Occurrence (NHEO)
1E1r Ean cnha Iw✓q xuVl. wncY[po, o CpenswMMan av,I,i4�Ms, am
NHP Natural Area (NHNA) O
n
x W
m
Page 3 of 3 n No m
� � v
1A
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Michael Memoll COUNTY: Pender RECEIVED
PROJECT NAME: Memoli Docking Facility Expansion OC r
LOCATION OF PROJECT:102 Inlet Cf., adjacent to the AIWW & Topsail Sound, in Hampstead 2 3 Z�18
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-16-18 DCM'MHp Ci.ry
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: JasonDnnil a
✓. DISTRICT MANAGER REVIEW: "C —Z--�—
B) DATE RECEIVED BY MAJOR PERMITS UNIT: g (?I I e>
PUBLIC NOTICE RECD: 8-23-18
ADJ. RIP. PROP NOTICES RECD:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE: 101wJea
MAIL OUT DATE: 8-21-18
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE 0 014 DENY
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: R7LAIVVGTON
FEE REC'D: $2501 #1073
END OF NOTICE DATE: 9-13-18
DEED RECD:
ON:
150 DAY DEADLINE:
STATE DUE DATE: 9-13-18
FED COMMENTS RECD:
DRAFT ON
AGENCY
�In (,� t7n n� �
CnM
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Division of Community Assistance
v
ly
Division of Coastal Management-LUP Consistency
Public Water Section (DWR)
2� '
Land Quality Section (DEMLR)
ap
X
Division of Water Resources - 401 Section
3� (�
= 2
1h L) —
Storm Water Management (DEMLR)
See- L0.
State Property Office
(Q
Division of Archives & History
Division of Marine Fisheries - Shellfish Section
Q (c
X
Division of Highways (NCDOT)
J7 a 4J1
Wildlife Resources Commission
L ermtt cer
Dept. of
Division of Marine Fisheries - DCM
Corps of Engineers - Regulatory Branch
Nahnr>vt NA" -
Mt'
ENDATIONS F
The total area of the existing and proposed structures was calculated as follows:
Shoreline length = +/-97 ft. x 8 sq. ft. = 776 sq. ft. allowable.
Proposed and Existing:
Platform = 20' x20' = 400 sq. ft
Floating dock = 6' x 16' = 96 sq. ft.
Boadifts x 2 = 289 sq. ft. (not included)
Total (proposed) minus boat lifts = 496 sq. ft.
The construction would provide docking space for up to four (4) vessels at this location. It
appears that the project is CONSISTENT with the use standards set forth in NCAC
07H .0208(b) (6), including the 1/4 width rule, the eight -square foot rule and the pier -width
rule. The proposed structures would be located entirely over open water. This office has
NO OBJECTION to the proposed work provided it is consistent with all other state and
federal permitting requirements.
It is recommended that any permit issued should include standard conditions for private
docking facilities.
RECEIVED
OCT 2 3 2018
DCM-MHD CITY
ROY COOPER
Gurrnmr
MICHAEL S. REGAN
ser„run
BRAXTON DAVIS
Dovaor,
Division ojCoastnl Monaeement
NORTH CAROLINA
Environmental Quality -
August 21, 2018 RECEIVED
TO: Mark Zeigler OCT 23 2o18
DCA-Rural Economic Dev. Divison pCM-Myp
Wilmington Regional Office CITY
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (a)-ncdenraov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Michael Memoli
Project Location: 102 Inlet Ct., adjacent to the AIWW/1"opsail Sound, in Hampstead, Pender Co.
Proposed Project: to 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 13, 2018. If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when
appropriate, in-depth comments with supporting data is requested.
REPLY: _,X,_ 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.
�yj o
SIGNED a^� 2 DATE " 2' 3 )S
RECEM
AUG 2 3 2018
State of North Carolina l Environmental Quality l Coastal Management MP SECTION WIRO
127 Cardinal Drive Eat., Wilmington, NC 29405
919 796 7215
d.� ,. . -. . !,� ., . �
01"
�s w
ROY COOPER
Uuvernur
MICHAEL S. REGAN
p
BRAXTON DAVIS 111� Drreaor, l%
Division ojCoasm( Managemem NORTH CAROUNA AQUA n
Environmental Quality 'Sion VVV /l//l
August 21, 2018 NIRO p-b ot I j e B
rI' urd
y�FO
TO: Heidi Cox
Regional Engineering Supervisor ocj 2
Public Water Supply-WiRO oCMMyz) T
FROM: Courtney Spears, Assistant Major Permits Coordinator Y
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courfnev.spears anncdenroov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Michael Memoli
Project Location: 102 Inlet Ct., adjacent to the AIWW/Topsail Sound, in Hampstead, Pender Co.
Proposed Project: to 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 13, 2018. If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 flLA- 1 Y Q—C DATE
DCM RECEIVEDILION, NC
AIIr9,0 ^a
State of Noah Carolina I Environmental Quality I Coastal Management
127 Cardinal Dove Ext., Wilmington, NC 28405
919 796 7215
ROY COOPER RECEIVED
Gn. urnm
MICHAEL S. REGAN OCT 2 3 2018
sRAxTON DAVIS DCM-MHD CITY
D;wxuun J('noaad Mnno.. emenr
August 21, 2018
TO: Dan Sams
District Manager-DEMLR
Wilmington Regional Office
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (dincdenroov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Michael Memoli
Project Location: 102 Inlet Ct., adjacent to the AIWW/Topsail Sound, in Hampstead, Pender Co.
Proposed Project: to 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 13, 2018. If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 r< 27, ZGf
RECEIVED
AUG 2 8 2018
State of North Carolina I Environmental Quality I Coastal Management DCM 127 Cardinal Drive Ext, Wilmington, NC 28405 WILMINGTON, NC
919 796 7215
AA14C
Spears, Courtney
From: Mairs, Robb L
Sent: Wednesday, October 03, 2018 12:06 PM
To: Spears, Courtney
Subject: RE: major permit review status check
Hey Courtney,
These two projects have been issued, and do not require written 401 approval.
Williams- DWR# 20181078
Memoli- DWR# 20181184
Thanks,
Robb
Robb Mairs
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
robb.mairsicl) cdenr.aov
https:Hdea nc aov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
eo rmits
127 Cardinal Drive Extension
Wilmin ton, 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: Spears, Courtney
Sent: Wednesday, October 03, 2018 9:52 AM
To: Mairs, Robb L <robb.mairs@ncdenr.gov> RECEIVED
Subject: major permit review status check
Hi! OCT 2 3 2018
Any update on the following 2 projects in Pender? DCM"MHD CITY
• Michael Williams, 104 Inlet Court, Hampstead
• Michael Memoli, 102 Inlet Court, Hampstead
I know you're busy, so no rush.
Thanks!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtnev.soearsO)ncden r. cov
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.
s
01
ROY COOPER
Govemor
MICHAEL S. REGAN
Secraary
BRAXTON DAVIS
Dimaor,
Division ojCoasta( Matmgement
August 21, 2018
TO:
FROM:
SUBJECT:
Applicant:
Project Location
0
NORTH CAROLINA
frrvironmenral Vua6r.
Tim Walton
Dept of Administration
State Property Office
RECEIVED
AUG 2 3 2018
DOA
STATE PROPERTY
OFFICE
OCR FO
��444f, `1(7ie
Courtney Spears, Assistant Major Permits Coordinator
O c'TY
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (aDncdenraov
Fax: 910-395-3964 (Courier 04-16-33)
CAMA Application Review
Michael Memoli
102 Inlet Ct., adjacent to the AIINW/Topsail Sound, in Hampstead, Pender Co.
Proposed Project: to 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 13, 2018. If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
tt �,�, pp,�0��� This agency has no comment on the proposed project.
'tom^ This agency approves of the project only if the recommended changes
A, }6 it are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED Way-i Qp., U_w,C DATE 9�
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
919 7% 7215
'E�, ..VED
DCNI WILMINGTON, NC
SEP272018
r ..
Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
September 20, 2018
Courtney Spears, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
127 Cardinal Drive, Ext,
Wilmington, NC 28405
From: Wanda Hilliard / idaA A- tWU r
Real Property Agent
Re: CAMA Permit Application Review / Pender County
102 Inlet Ct. Adjacent to the AIW W /Topsail Sound, Hampstead
Expand an existing docking facility
Machelle Sanders
Secretary
Tim Walton
Director
Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the
State Property Office has no comment on the proposed project.
Thank you.
RECElveo
OCr 2 3 ?018
DCM MHC CITE,
RECCF IVED
DCM WILMINGTON, NC
State of North Carolina I State Property Office
116 West Jones Street, Suite 4055 11321 Mail Service Ctr. I Raleigh, NC 27699
919 807 4650 TI Web: http://w .ncspo.com
SEP272018
R
ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
1*n
fhft. .4C'0W0W If P
August 21, 2018
TO:
Renee Gledhill -Early
Dept of Cultural Resources
Archives & History
Received:08/24/2018
State Historic Preservation Office
ER 18-2191
Due--9/11/18
A I`� awl/► a/)^�
d n 'ri
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 cowltilev.snears Oncdenr.aaov
Fax: 910-395-3964 (Courier04.1043)
SUBJECT. CAMA Application Review
Applicant: Michael Alemoll
Project Location: 102 inlet Ct., adjacent to the A/WW/ropsad Sound, in Hampstead, Pender Co.
Proposed Project: to expand an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
rrhrm this form to Courtney Saws at the address above by September 13, 2018. If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
,J 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'
RECEIVED V,EC
WILMINGTON, NC
')rT " � 2018 SEP 2 5 2018
IV a NMI C.W. I FJ.wcaserd lxuYly l CU ALIY/H
" 13� Ext.wpm. Nc m'° nV l%nis AUG 2 7 2018
I &
ROY COOPER
G...,
MICHAEL S. REGAN
Secm6mry
BRAXTON DAVIS
Armrtrn,
I hvivan .r/( bm4JWrumgon,rnl
August 21, 2018
TO:
0
flif•'I h t rkidlLINA
Fnvin-nnmrnml Quality
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev spears@ncdenr�ovgov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Michael Memoli
Project Location: 102 Inlet Ct., adjacent to the AIWW/Topsail Sound, in Hampstead, Pender Co.
Proposed Project: to 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 13, 2018. If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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.
Fw ANJ I V
SIGNED DATE
RECEIVED
RECEIVED
OCT 2 3 2018
DCM`MND C►T y
Stale of Nadi Carolina I En rnnnental Quality I Coastal Management
127 Cardinal Drive fa , Wilmin64at, NC 28405
919 796 7215
AUG 3 0 2018
DCM WILMINGTON, NC
tat -AL
ROY COOPER
Now•rm,r
MICHAEL S. REGAN
V•rrrtra,
BRAXTON DAVIS
I hrenru'.
lNmnm, rI Cr,nanl A4mu}emrM
August 21, 2018
TO:
David Harris
NC DOT
Roadside Environmental Unit
AUG 28 2018
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtney spears (a)ncdenrgov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Michael Memoli
Project Location: 102 Inlet Ct., adjacent to the AIWW/Topsail Sound, in Hampstead, Pender Co.
Proposed Project: to 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 13, 201& If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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.
/ O
SIGNED;14 /a ATE z 9-
`(c(EiVED
OCT 232018
DCM-MHD CITY
Sw of Nodh Cmh.a I Endronmemal Quality I Coastal Mviagcmem
127 Cmdival Udve L.I. Wdmmg.�. NC 28405
919 796 7215
RECEIVED
AUG 3 0 2018
DCM WILMINGTON, NC
moc-
ROY COOPER m ��
bnrcrnm
MICHAEL S. REGAN
$rcmlan'
BRAXTON DAVIS
Drvrsion uJ< lxigal.IRm,uRemeru r
l 03062018
August 21, 2016 REOP
TO: Maria Dunnp1
NC Wildlife Resources Commission /�kl! 0l 6 $
For WiRO
FROM: Courtney Spears, Assistant Major Permits Coordinator
NC DEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev spears ancdenr.aov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Michael Memolf
Project Location: 102 Inlet Ct., adjacent to the AIWW/Topsail Sound, in Hampstead, Pender Co.
Proposed Project: to 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 13, 201& If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 ��,- -1 j� DATE
RECEIVERECEIVED
D
SEP 10 2018
OCT2 3 M8 State of N,ath Caroline 16rviro ntal Q+alftY I Coastal Maoa9cmeol
Dr" 127CardmiDncExt. Wd..",NC28405 DCM WILMINGTON, NC
919 7% 7215
-"D CITY
ROY COOPER
rmvrmw
MICHAEL S. REGAN
9 "wy
BRAXTON DAVIS
Orarror NORTH CAROLINA
Dmvn , o/('wrsrnl Mruwgrmenl
I-irvironmenral Quality
August 21, 2018
TO: Curt Weychert
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 (cilnedenrgov
Fax: 910-395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Michael Memoli
Project Location: 102 Inlet Ct., adjacent to the AIWWITopsail Sound, in Hampstead, Ponder Co.
Proposed Project: to 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 13, 2018. If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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.
SIGNED
RECEIVED
OCT 2 3 2018
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.
RECEIVED
AUG 2 8 201�
DECEIVED
AUG 2 8 2018
DCM-MHD StatourNwhCarolinalsnviTmmnialQ,aP",14Mlg4TON,NC MHuCITY
CITY 127 C.dml Dm Em[ Wihninglm,NC29405 ®CM-
919 796 7215
a
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403.1343
August 30 2018
Regulatory Division
Action ID No. SAW-2018-01700, General Permit No. 197800056
Mr. Michael Memoli
130 Nanette Way
Lewisville, North Carolina 27023
Dear Mr. Memoli:
E-mail: mamamolir.aol.com
Through coordination with the North Carolina Division of Coastal Management, we have learned of
your request to expand an existing docking facility at 102 Inlet Court, adjacent to the AIW W and Topsail
Sound, in the Hideaway Shores subdivision, in Hampstead, Pender County, North Carolina. Coordinates
are: 34.3755 N,-77.6505 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) 251-4049.
Sincerely,
quit.
Liz , Project Manager
Wilmington Regulatory Field Office
Enclosures:
Plans
GP56 conditions
Manatee Guidelines
RECEIVED
RECEIVED
AUG 31 2018
DCM WILMINGTON, NC
OCT 2 3 2018
DCM-MHD CITY
e-Copy Furnished (w/enclosures):
Richard Penny Construction, LLC
Attn: Mr. Richard Penny
133 Sound View Drive
Hampstead, North Carolina 28443
rickoarpr cmarine.com
e-Copies Furnished (w/o enclosures):
Mr. Robb Mairs - NCDEQ/DWR
Ms. Courtney Spears —NCDEQ/DCM
Mr. Brooks Surgan—NCDEQ/DCM
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 30 2018
Regulatory Division
Action ID No. SAW-2018-01700, General Permit No. 197800056
Mr. Michael Memoli
130 Nanette Way
Lewisville, North Carolina 37023
Dear Mr. Memoli:
E-mail: mamamoliraol.com
Through coordination with the North Carolina Division of Coastal Management, we have learned of
your request to expand an existing docking facility at 102 Inlet Court, adjacent to the AIWW and Topsail
Sound, in the Hideaway Shores subdivision, in Hampstead, Pender County, North Carolina Coordinates
are: 34.3755 N,-77.6505 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
RECEIVED
OCT 2 3 2018
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
RECEIVED
AUG 31 2018
DCM WILMINGTON, NO
DCM-MHD CITY
d-a
e-Copy Furnished (w/enclosures)
Richard Penny Construction, LLC
Attn: Mr. Richard Penny
133 Sound View Drive
Hampstead, North Carolina 28443
ricknrocmarine.com
e-Copies Furnished (w/o enclosures):
Mr. Robb Mairs - NCDEQ/DWR
Ms. Courtney Spears — NCDEQ/DCM
Mr. Brooks Surgan—NCDEQ/DCM
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
httt)://www.saw.usace.army.miVMissions/Regulato[yPermitProeram.asox
General Permit No.
197800056
Name of Permittee:
General Public
Effective Date:
January 1, 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 maybe constructed of
wood, metal, or pre -cast concrete. Groins may be constructed of wood, pre -cast concrete,
or rock riprap.
RECEIVED
RECEIVED AUG 3 1 2018
OCT 2 3 2018 DCM WILMINGTON, NO
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
hqp://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. 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
ECEIVED
AUG 31 2018
OCT 2 3 2018
DCM WILMINGTON, NC
DCM-MHD CITY
in. 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 abase 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 land 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
(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, Subehapter
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 113A Article 4).
RECEIVED
OCT 2 3 2018
DECEIVED
AUG 31 2018
DCM-MHD CITY
DCM WILMINGTON, NC
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-NAV@usace.armv.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.
1. 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 sRtmvED
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 that the �WeQjed 2018
RECEIVED 1
7 DCM WILMINGTON, NC
OCT 2 3 2018
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 vvhieb'-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: httn://www.fws.gov/ or
httv://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 pennittee must implement the USFWS' Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
httv://www.fws.cov/nc-es/mammal/manatee 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) (Wtis 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.pd£ Ifthe
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 HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps foyiatEIVED
http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html. For {h�l:
RECEIVED
AUG 31 �A
OCT 2 3 2018
DCM-MHD CITY
DCM WILMINGTON, NC
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
hUs://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: hU://www.saw.usace.armv.miVMissions/Regulatory-Permit-
Program/Agency-Coordination/ESA/. Permittees who do not have intemet 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.
3. 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 Fo($E41/ED
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
RECEIVED
11
OCT 2 3 2018
AUG 3 12018
DCM WILMINGTON, NC
DCM-MHD CITY
authorized facilities. For further information, the permittee should contact Coast Guard.
Sector North Carolina at (9111) 772-2191 or email Coast Guard Fifth District at
ced5waferways(@ftsci%mil.
aa,. Thepemuttee must maintain any structuree or work authorized by this permit in
goodcondition and in conformance with the terms and conditions of this permit. The
Permitteeis notrelieved of this requirement if the Permittee abandons the structure or
work Transfer in fee simple of the work authorized by this perinitwill automatically
transfer this permit to theproperty's, new owner, with all of the rights and_responsbilities
enumerated herein.. The pennittee must inform 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, anytime during the processing cycle, the Wilmington
District. Engineer may determine that this general permit will not be applicable to a
specific proposal. In such case,: the 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, organic- 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 retnain.authorized
provided the activity is completed within twelye 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 THRSECRETARYOF THE,ARMY:
FOR THE COMMANDER:.
Scott McLendon ..
Chief, Regulatory Division
Wilmington District
12
United States Department of the Interior
FISH AND Wn DLIFB SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Pichechur manaeus), 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 babit 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 3 1 M1
OCT 2 3 2018 0CM WILMINGTON, NC
DCM-MHD CITY
r
geeg,wft tGO yards offtactive, construction an(ifor. dredging operation:ar vessel
<m(yvement;,aU,appropriat43,pmomWonswill bc-,implementedtD,ensiimpiote,6ti6a6f,thdiijim4tdo. Thae__
6f.lwd Operational area_o€i&eiequipmea AWVi VdIl o4t resum I m e 4 Apart_C4,ft
ties =ft the- avat e, h
firnJect'aiea:on its b�ai volition Ors
4-Any'-collisto n-"NdM 0AWOVIAlurylo A ma-wel
to, S"jF!&'and Wildlife $ , -ce (ViJJ.4
scllwly visit le io the VMK
operator state-'
The sagn7shqklu
CAQTION. The. endangered, manatee: may co'n -in esp waters: during the is¢ariner mol%*
13-1 - from June tlnorlgli pctober: Idle speed`3s reciwred zf operafing this vesseLm shallop?
water: &tlipse montlasa ?l 11 eguxpizient must be shut dawn 1£ a manatee camel, wrthin SQ feet
of thn� SSO of
pperatiiig eflmPmelt A collision wrtb, and/or injury o the manatee muStCba
reported dia
... Fisheries Swvlee
(252-7284762),l and -the North Carolina WildlifivRwom-ces-Commisisloh (252-,
44845.46).
6. ne contraddr will. maintain aAog: detailing iikhftp, vollisims, and/or injuries to, m&at&& dding
project- activities:Upon completion:of the wtlor� the projOut manager- Win 'prepare allep-oxt wrichl
7. ��Iftwals associated with-ft construction - - -dt-*6p a no w &O'sp spends times prole- -a -ernto t,
wh I ilc7m*,wOrw&ret*AMkof &-yessei provides teas than;lfbur foot botioDL All.
vessels will.fo]Iaw,rdu%s q;(aqep-w*m P.9
k If Awl- lsanriers Wulf be placed in shallow Water;;thesebarriers wrll,lie: ,(aj made of:materlal in:
tees eqrmot�. become: qnh�ogled,,(b eme&, manner they cannot breei fiev and
whf(*:ma* -, - - - 11 # s - - - in:a� - I . 1 1 -
entangle: Ig sand regularly monitored hhave;Aof-become, eptiffigle&
�egul
,Barri6m Wilfleplaced !nLa:manncr to Zow manatees entry -to or wfffiour essefitlat-habit&L
Service*
-
Post dfffc:q box 3.v26
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 sees only a small part of the head when the
manatee raises its nose to breathe.
M
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. Meigb, NC. pp. 52. RECEIVED
RECEIVED
3
OCT 2 3 2018
DCM-MHD CITY
AUG 31 2018
DCM WILMINGTON, NC
RECEIVED
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: MichaelMemoli COUNTY:Pender
PROJECT NAME: Memoli Docking Facility Expansion
LOCATION OF PROJECT:102 Inlet CL, adjacent to the AIWW & Topsail Sound, in Hampstead
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-16-18
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: Jason Dail
DISTRICT MANAGER REVIEW: ✓//e ��
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 8-23-18
ADJ. RIP. PROP NOTICES REC'D:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE: %0
MAIL OUT DATE: 8-21-18
FEDERAL DUE DATE:
To Be Forwarded: n/a
To Be Forwarded: n/a
AUG 2 8 2018
DCM-MHD CITY
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $2501 #1073
END OF NOTICE DATE: 9-13-18
DEED RECD:
ON:
150 DAY DEADLINE:
STATE DUE DATE: 9-13-18
FED COMMENTS RECD:
PERMIT FINAL ACTION: ISSUE 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)
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: AIINW
Fee: $250 #1073
Major Permit Application Computer Sheet - CDAITS _ MHC cc"
Applicant: Michael Memoli
Agent/Contractor: Richard Penny Construction, LLC do Richard Panny
Project Site County: Pander
Staff: Jason Dail
'strict: ington
Project Name: Memoli Dock Expansion
Rover File: Wa
River Basin:
Initial date of application submittal: 8-16.18
Date application "received as complete° in the Field office: /6 1E
Permit Authorizations CAMA ❑ Dredge & Fill ❑Both
SITE DESCRIPTIONIPERMIT INFORMATION
ORW: Elyes(M34No PNA: Yes o
Photos Taken: Yes ❑ NpQ
Setback Required (riparian): Yes No
Critical Habitat: Yes FiriNo LjNot Sure
15 foot waiver obtained: Yes eRNo
Hazard Notification Returned:
[]Yes efNo
SAV: ❑Yes N Not Sure
Shell Bottom: ❑Yes NNo Not
Temporary Impacts: []Yeso
Sure
Sandbags: []Yes No ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP: PYes []No
❑Yesr'QNo
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
❑Yes o ❑NA
❑Yes �lo ❑NA
47 oFT
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open or- Closed
P
.< d • 0
I
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) C1 Nutrient Sensitive Waters (NSW) I Lj Swamp Waters (SW)
High Quality Waters (HOW) El Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
Lj (DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Sclrpus
(TY) Cattail (fypha sp.)
spicata)
Sp.)
❑ (JR) Black needlerush (Juncos
(SP) SalUmeadow grass (Spartina
memerianus)
patens)
APPLICATION FEE
No fee required - $0.00
0 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
ElPermit Transfer - $100
® II I(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 commerclaltno dredge
RECEIVED
$100
1 and/or fill - $400
I. Private no dredge and/or fill - $250
II I(C) Priv. public or comm w /D&F to 1
•8
AUG 2 8
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
Michael Memoli
Date: 8-16-18
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
O
Z-
Maint [I❑
Y N
New Work
Maint ❑
❑ Y fg 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
tamp impacts)
impact amount)
tamp impacts)
amount
oDredge
❑ FA ❑ 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 ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733-2293 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10/12106
T Tt14.T^pCt. t-'-kt� ,f
Name County. 4 Check No & Amount
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256263)
(2430016024351000952341)
I. Private- non-commercial development
that does not involve the filling or
excavation of any wetlands or open water
areas l"`
$250
r 100% ($250)
0% ($0)
II. Public or commercial development that
does not involve the filling or excavation
of any wetlands or open water areas
$400
100% ($400)
0% ($0)
III . For development that involves the
filling andtor excavation of up to 1 acre of
wetlands andtor open water areas..
determine if A,B, C. or D below applies'
III(A) _ Private. non-commercial
development, if General Water Quality
Certification No. 4144 (See attached) can
be applied:
$250
100% ($250)
0% ($0)
III(B) . Public or commercial development,
General Water Quality Certification No.
1" (See attached) can be applied:
$400
100% ($400)
0% ($0)
III(C). If General Water Quality
Certification No. 4144 (see attached)
could be applied, but DCM, staff
determined that additional review and
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
$400
60% ($240)
40% ($160)
III(D)- If General Water Quality
Certification No. 4144 (see attached)
cannot be applied,
$400
60% ($240)
40% ($160)
IV- Development that involves the tilting
andtor excavation of more than one acre
f wetlands andtor open water areas:
$475
60% ($285)
40% ($190)
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
8/17/2018
Richard Penny
Michael Memoli
First
1073
$250.00
major fee, 102 Inlet Court,
1D rct. 6938
Construction
Citizens
Hampstead PNCo NO Split
Bank
}
W
>
W
W
o
04
U
0
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OC
a
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RECOMMENDATIONS FOR: Michael Memoli August 21, 2018
The total area of the existing and proposed structures was calculated as follows:
Shoreline length = +/-97 ft. x 8 sq. ft. = 776 sq. ft. allowable.
Proposed and Existing_
Platform = 20' x20' = 400 sq. ft
Floating dock = 6' x 16' = 96 sq. ft.
Boatlifts x 2 = 289 sq. ft. (not included)
Total (proposed) minus boat lifts = 496 sq. ft
The construction would provide docking space for up to four (4) vessels at this location. It
appears that the project is CONSISTENT with the use standards set forth in NCAC
07H .0208(b) (6), including the 1/4 width rule, the eight -square foot rule and the pier -width
rule. The proposed structures would be located entirely over open water. This office has
NO OBJECTION to the proposed work provided it is consistent with all other state and
federal permitting requirements.
It is recommended that any permit issued should include standard conditions for private
docking facilities.
RECEIVED
AUG 2 8 2018
DCM-MHD CITY
0
NORTH CAROLINA
Environmental Oual ity
August 21, 2018
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for: Michael Memoli / Pender County
ROY COOPER
Go,emor
MICHAEL S. REGAN
Se'mrory
BRAXTON DAVIS
Direaor. Dwvion o%Coa tol Management
Hello Angie: Please publish the attached Notice in the Thursday, August 23, 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.
Sincere
Shaun K. Simpson
Permitting Support & Customer ssistance
cc: MHC Files
Courtney Spears - WiRO
Liz Hair - USACE
RECEIVED
State of North Carolina I Environmental Quality I Coastal Mmagement A U G 2 8 1018
127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215
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 16, 2018, Michael Memoli proposed to expand an
existing docking facility at 102 Inlet Ct., adjacent to the AIWW, in Hampstead, Pender County. A copy of
the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality,
Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7221 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 13, 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 2 8 2018
DCM-MHD CITY
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Michael Memoli
2. LOCATION OF PROJECT SITE: 102 Inlet Ct., adjacent to the AIWW and Topsail Sound, in
Hampstead, Pender County.
Photo Index - ZQQL 26-6635 - N-P - 3
State Plane Coordinates - Lat: 34°22'31.96"N Long: 77039'01.92' W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/16/2018
Was Applicant Present - Yes, Agent
5. PROCESSING PROCEDURE: Application Received Complete - 8/16/18
Office - Wilmington '
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender County
Land Classification from LUP - Developed / Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Onsite septic
Planned - None
(F) Type of Structures: Existing - Single Family Residence and private docking facility
that includes a single access pier, partially covered platform and two boatlifts. Both are
currently under construction
Planned - Boat lift and 6' x 16' floating dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(Open water
216 sq. ft.
(incorporated
(C) Other - High ground
(D) Total Area Disturbed: 216 sq. ft.
(E) Primary Nursery Area: NO
(F) Water Classification: SA Open: YES
8. PROJECT SUMMARY: The applicant proposes to expand an existing docking facility by
installing a new 10' x 12' boatlift and 6' x 16' floating dock
RECEIVED
AUG 2 8 2018
DCM-MHD CITY
M. Memoli
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 102 Inlet Court, adjacent to the AIWW, in Hampstead, Pender County.
To find the project site, travel north (from Wilmington) on US Highway 17 to Country Club Road, in
Hampstead. Turn right onto Country Club Road and travel approximately 1.0 miles before bearing
right onto Kings Landing Road. Continue traveling along Kings Landing Road for approximately 1.0
miles, and turn left onto Hideaway Shores Road. Take the next right onto Scotch Bonnett Way and
then an immediate left onto Inlet Court. The subject property will be located on the righthand side
of the road at house number 102.
Existing man-made features include a single family residential dwelling and a private docking
facility, both of which are under construction and mostly complete. High ground vegetation consists
of lawn grass and ornamental shrubs. The high ground portion is elevated approximately 15'-20'
above the normal high water (NHW) level. The shoreline (+/- 97 linear feet) is natural with no man-
made stabilization. Vegetation includes mixed scrub and Coastal Wetland species including: Smooth
Cord Grass (Snartina alters' ora), Sea Lavender (Limonium. spp.), Glasswort (a is rnia spp), Spike
Grass (Distich(is spicata) and Salt Meadow Grass (Spartina patens). Residential properties border
the site to the north, south and west and the AIW W border the property to the east.
The existing pier and docking facility, authorized in April 2018 under CAMA General Permit No.
70731-D, is located along the eastern portion of the property and extends approximately 392' into
the water body. A 20' x 20' platform is currently being constructed at the terminal end of the fixed
access pier (constructed), and a 13' x 13' boatlift is under construction along the northern side of
the platform. A small retractable jet -ski lift (davit lift) was also authorized along the southern side
of the proposed platform, bringing the total slip count to two. The existing docking facility is located
just inshore of the adjacent docking facility to the south, within'/4 of the width of the water body.
The waters of Topsail Sound (adjacent to the project site) are classified as SA by the North Carolina
Division of Water Resources. They ARE NOT designated as a Primary Nursery Area (PNA) by the
North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. Based on
visual observations made by DCM staff during the August 2018 site visit, there appears to be NO
Submerged Aquatic Vegetation (SAV) in the surrounding area. Water depths in the vicinity of the
existing facility range from -3' to -5', relative to normal low water (NLW).
PROPOSED PROJECT:
The applicant proposes to expand a partially completed docking facility by installing a new 10' x 12'
boatlift and a 6' x 16' section of floating dock. The proposed boatlift would be located along the
southern side of the platform, just inshore of the terminal end of the platform, and the proposed
floating dock would run parallel to the existing pier and would be accessed from the existing
platform. The floating dock would rest approximately 4' from the existing walkway, eliminating any
potential dockage between the floating dock and the pier. In addition, the jet -ski lift would be re-
located from the southern side of the permitted platform to an area along the walkway, just inshore
of the north side boatlift.
RECEIVED
AUG 2 8 2018
DCM-MHD CITY
M. Memoli
Page 3
In total, the proposed floating dock, when combined with the existing platform, would shade
approximately 496 sq. ft of additional shallow bottom habitat area. Water depths in the vicinity of
the proposed structure range from -3' to 4(at normal low water). The authorized pier and docking
facility extends approximately 203' into the waterway and is in alignment with the adjacent pier to
the south (<200' from the applicant's property and is of similar length). In addition, the authorized
pier and docking facility would terminate approximately 40'-45' from the near shore edge of the
federal channel setback.
10. ANTICIPATED IMPACTS:
The proposed structures (existing and proposed) would incorporate approximately 797 sq.ft. of
Estuarine Waters and Pubic Trust Area. The floating dock and boatlift would remain consistent with
similar pier length requirements (established pier -head line) and would be located outside of the
federal channel setback. Minor increases in turbidity should be expected during construction.
Submitted by: Jason Dail Date: August 21, 2018 Office: Wilmington
RECEIVED
AUG 2 8 2018
DCM-MHD CITY
P"
RPC
MARINL
Jason Dail
Permit Officer
127 Cardinal Dr. Ext
Wilmington, NC NC 28405-3845
RE: Memoli Major Permit Application Narrative
Dear Mr. Jason Dail,
Richard Penny Construction, LLC
133 Sound View Drive N
Hampstead, NC 28443
(910)352-1317
www.rpcmarine.com
09 August 2018
Mr. Michael Memoli is requesting a CAMA Major Permit for an additional floating dock, boat
lift, and boat lift access platform to his previously approved pier and platform at 102 Inlet Court.
A pier and platform are currently under construction at the address, however he is requesting an
additional boat lift and floating dock be approved. The General Permit Number for this project
is GP-70731 issued 19 April 2018. The decking is installed for the pier and the pilings are
driven for the platform. The boat lift and PWC lift have not been installed.
The approved plans allow for a 20x20 platform, single boat lift, and a single jet ski -lift. The
additional 6'xl6' floating dock, additional boat lift, and 2'-6" x 20' platform would not encroach
on the riparian rights of the adjoining property owners.
The enclosed drawings show the existing permit with the requested revisions. Please contact me
at your convenience should you have any questions.
Respectfully yours,
Richard L. Penny, PE
NC General Contractor License No. 9403
RECEIVED
AUG 2 8 2018
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
aUGI'I
UCH EF-1
APPLICATION for
Major Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (d applicable)
Applicant 1: First Name
MI
Last Name
Michael
Memoli
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
130 Nanzette Way
Lewisville
NC
ZIP 37023
Phone No.
FAX No.
T���
336 -251 - 3745 ext.
Street Address (d dhTerent from above)
City
slate
ZIP
Email
mamamoli®aol.com
2. Agent/Contractor Information
Business Name
Richard Penny Construction,
LLC
Agent/ Contractor 1: First Name
MI
Last Name
Richard Penny
L
Penny
Agentl Contractor 2: First Name
MI
Last Name
Mailing Address
Po Box
City
State
133 Sound View Drive
Hampstead
NC
ZIP
Plane No.1
Plane No. 2
28443
910 - 3 52
- 1317 ext.
ext.
FAX No.
Contractor• NC 79403
Street Address fddiNerent from above)
City
State
ZIP
Email rick®rpcmarine.com
r
<Form continues on back>
RECEIVEMCM WILMINGTON, NC
AUG 2 8 2018
�i, !? I
252.808.2808 :: 1-888-4RCOAST :: www.necoa a: Aillw-KmbTnYrs,
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Pender
102 Inlet Court
Subdivision Name
city
Hampstead
State
Zip
Hideaway Shores
NC
28443
Phone No.
Lot No.(s) (if many, attach additional page with list)
na - - ext.
2 , I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Northeast Cape Fear
Intracoastal Waterway
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
E3Natural ❑Manmade ❑Unknown
Intracoastal Waterway
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
[]Yes ®No
work falls within.
N/A
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
97.48 ft
32,235 sqft
c.
Size of Individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal wafer level)
(If many lot sizes, please attach additional page with a list)
2 4 r [2NHW or ❑NWL
e.
vegetation on tract
Grass, native trees, and approximately 215' of marsh grass/wetlands
adjoining the property along the Intracoastal Waterway.
f.
Man-made features and uses now on tract
Single Family Dwelling and driveway under construction.
Impervious coverage total approximately 5,251 SF (16%).
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Both properties adjacent to the lot are single family dwellings.
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
RP (Residential)
(Attach zoning compliance certificate, ff applicable)
[3Yes []NO ❑NA
J.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes MNo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA
National Register listed or eligible property
RECEIVED
<Form continues on next page> RECEIVEDDCM WILMINGTON, NC
AUG 16 2018
252-808-2808 :: 1-888.411COAST :: www.nccoass'al ern , t not
Form DCM Ill (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ❑Yes ®No
(ii) Are there coastal wetlands on the site? IRYYes []No
(III) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
On site septic
o. Describe existing drinking water supply source.
Community Well
p. Describe existing storm water management or treatment systems.
N/A
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ❑Commercial ❑PublirlGovernment
Private [2PrivatelCommunity
b.
Give a brief description of purpose, use, and daffy operations of the project when complete.
The property owner would like to have two boat lifts and a
floating dock behind his property for private usage.
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.
A total of 7 pilings will be installed utilizing a piling barge. All equipment
and materials will be stored on the lot except the piling barge which will be
moored directly behind the property.
d.
List all development activities you propose.
A 4-piling boat lift, 32" boat lift platform, and a 6' x 16'
floating dock will be installed.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
New work
I.
What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres
There is no impact to the land or wetlands.
g.
Nil the proposed project encroach on any public easement, public accessway or other area ❑Yes [HNo ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the stale.
N/A
i.
Will wastewater or slonrimter be discharged into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []NO [INA
J.
Is there any mitigation proposed? []Yes 2INo ❑NA
If yes, attach a mitigation proposal. RECEIVED
<Form continues on back> RECEIVED
252-808-2808 :: 1-888.4RCOAST :: www.nccoasta management.net
DCM-MHD CITY
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
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) - (0 are always applicable to any major development application. Please consult the application
Instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Philip Stevens Phone No.
Address 100 Inlet Court, Hampstead, NC 28443 (910) 270-6077
Name Michael Williams Phone No.
Address 104 Inlet Court, Hampstead, NC 28443
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, penmiftee, and issuing dates.
CAMA Minor Permit No. 70731, Permittee: Michael Memoli (agent Rick Penny).
issuing irate: .
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land I
I understand that any permit Issued In response to this application will allow only th
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 8/9/2018 Print Name Richard L. Penny
Richard D'gtally signed by Richard Penny
g
Si nature Da =n=Ri=mroPe ny.aa=ha,dP nny
—COOrxwrrlPn. LLC W=RPC Marine.
Penny Date: 201 B.CRIM R5591-0T005
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information RECEIVED
DCM WILMINGTON, NC
RECEIVED 16 9m�.
Anc e d 2nta
252.808.2808 :: 1.888-4RCOAST :: www.ncconstalmanagement.net
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. (1) Is the docking facility/marina:
❑Commercial ❑PublictGovemment [3Private/Community
c. (I) Dock(s) and/or pier(s)
(it) Number 1
(III) Length 16 '
IN) Width
(v) Floating [RYes []No
e. (i) Are Platforms included? [Yes ❑No
If yes:
(it) Number
n
(III) Length
(iv) Width 2 ' 6 n
(v) Floating []Yes [R(Jo
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
(if) NOumber of slips existing
L Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
[7jOpen water; no dredging required
❑Other; please describe:
k. Typical boat length:
m. (i) Will the facility have tie pilings?
[]Yes ENNo
III) Ryes number of tie pilings?
NA
[]This section not applicable
b. (i) WIII the facility be open to the general public?
❑Yes ❑No
d. (I) Are Finger Piers included? []Yes [3No
H yes:
(it) Number
Pit) Length
IN) Width
(v)Floating ❑Yes []No
f. (1) Are Boatlifts included? [$Yes ❑No
If yes:
(it) Number 1
(111) Length 10,
n
(iv) Width =1 6
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ("wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
NA
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
open runabout
L (i) Will the facility be open to the general public?
❑Yes [2No
RECEIVED
AUG 2 8 2018
RECEIVED
DCM WILMINGTON, NC
252-808-2808:: 1-888.4RCOAST:: www.nccoastalmanagement.net DCM-MHD CITY revised: 12127/06
Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS [$This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Tollets
❑ Toilets for patrons; Number: Location:
❑ Showers
❑ 8oatholding 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. (1) Give the location and number of 'No Sewage Discharge" signs proposed.
(II) Give the location and number of'Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
L Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
RECEIVED
NC
RECEIVED Aa, 16 2M,
252-808-2808 :: 1-888.4RCOAST u w .nccoastalmanagement.net AUG 2 8 2018 revised: 12127106
DCM-MHD CITY
Form DCM MP-4 (Structures, Page 3 of 4)
m. Is the marinaidocking facility proposed within a primary or secondary nursery area?
❑Yes ONO
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ONO
o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(88). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
p. Is the proposed marinaldocking facility located within or within dose proximity to any shellfish leases? ❑Yes ONO
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) OThis section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑PrivatelCommunity
(ii) Number
(III) Length
(Iv) Width
Note: Roofed areas are calculated from ddpline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) [$This section not applicable
a. (i) Number
(11) Length
(III) Width
5. BREAKWATER (e.g., wood, sheetplle, etc.) INThis section not applicable
a. Length _ b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS [XThis section not applicable
a. Is the structure(s):
❑Commercial ❑PubticlGovemment ❑PrivatelCommunity
a Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, ff present.
e. Arc of the swing
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
DCM WILMINGTON, NC
RECEIVED
252-808.2808 :: 1-888-4RCOAST n w vv.nccoastalmanaoement.net
DCM-MHD CITY
revised: 1212TI06
Form DCM MP-4 (Structures, Page 4 of 4)
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
81 NA
Note: For buoy or mooring piling, use arc of swing including length
ofvessel.
c. Width of water body
587'
e. (i) Will navigational aids be required as a result of the project?
[]Yes ®No ❑NA
(if) 0 yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
4' -3'1
& OTHER ®This section not applicable
a. Give complete description:
Date
8/09/2018
Project Name
Memoli Major Permit
Applicant Name
Richard Penny
Applicant Signature
Digitally signed by PoChaN Penny
DN: cn=11c11 Penny, o=Ridsard Penny
Richard Penny Construction, LLC, ou=RPC Marine,
mail=rick@rp marim.mm, c=US
Date: 2018.08.09 2235:12 4400'
RECEIVED
RECEIVED DCM WILMINGTON. NC
AUG 2 8 2018
252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaoement.net revised: 12127/06
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Director
August 21, 2018
Richard Penny Construction, LLC
c/o Richard Penny
133 Sound View Drive
Hampstead, NC 28443
Dear Mr. Penny:
The Division of Coastal Management hereby acknowledges receipt of your application,
submitted on behalf of Michael Memoli, requesting authorization under the Rules of the N.C.
Coastal Resources Commission for development activities at 102 Inlet Court, adjacent to
Topsail Sound, in Hampstead, Pender County. It was received as complete on August 16,
2018, and appears to be adequate for processing at this time. The projected deadline for
making a decision on your permit application is October 30, 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 16, 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.
RECEIVED
�FQ�� AUG 2 8 2018
North Carolina Department of Environmental Quality I Division of Coastal Management
DCM-MHD CITY
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215
M. Memoli
Page 2
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
/—
c.
'Pm'Jason Dail
Field Representative
cc: WiRO - file
Courtney Spears, DCM- MHC
Liz Hair, USACE
Robb Mairs, DWR
Michael Memoli,130 Nanette Way, Lewisville, NC 37023
\Tt)'1'ICI:
CAMA PERMIT
APPLIED
PROJECT: To expand an existing
at
To
a
ur
U
uj
Ir
FOR
docking facility
COMMENTS ACCEPTED THROU&ptember 13, 2018
APPLICANT:
Michael Memoli
130 Nanzette Way
Lewisville, NC 37023
Agent: Richard Penny (910) 352-1317
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div. of Coastal Management
127 Cardinal Dr. Extension
Wilmington, NC 28405
Jason Dail, Field Representative
910-796-7221
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Michael Anthony Memoli
Mailing Address: 130 Nanzette Way
Lewisville, NC 27023
Phone Number: 3 3 (' __ '� 5 I 5 { Ce /I
Email Address: M A Me M O�-- y � A OL. CoM
I certify that I have authorized Richard Penny
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Installation of pier,
dock, and boatlift
at my property located at
102 Inlet Court; Hampstead, NC 28443
,
In Pender County.
l furthermore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
" ,i4 21�
Signature
Mlckctr N400)f M'iMOG,1
Print or Type Name
Property Owner
Title
06 / 01 / 2018 RECEIVED
Date
AUG 2 8 2018
This certification is valid through 11 / 01 / 2018
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
Complete items 1. 2. and 3.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Ad6essed to . -_ _—_--_ -
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1. Adicle Addressed to:
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The office of the Register of Deeds for Pander County hereby DISCLAIMS, and the user hereby WAIVES
any warranty, Implied or otherwise, as to the correctness of the information contained herein.
Deed Book: 3827 Page: 0O60.jpg Zoomin ZoomOut Previous Next
II 'll [llll l ll lal lOT &a Tao P ovatte oe.
Faye Toaahey Pravatts Register of Daada
W21_=1e le:n:48.eee lam Canty, NC
NC nVoian sTAIP: $6"-a (141711e) 'RECEIVED
i'IN# t4303-7o-, yL 000e
Prepared by:
AUG 2 8 2018
')CAI-MHD C/ry
William E. Manning, Jr.
WHITE fi ALLEN, P.A.
P. 0. Box 3169
Kinston, NC 28502-3169
NO TITLE EXAMINATION WAS PERFORMED BY DRAFTING ATTORNEYS
Property was not Grantor's primary residence
NORTH CAROLINA
PENDER COUNTY
SPECIAL WARRANTY DEED
Tax Stamps: $650.00
Parcel No.: 4203-70-2440-0000
THIS DEED, made this loth day of September, 2010, by THE
EAST CAROLINA BANK, a North Carolina banking corporation, whose
address is P. 0. Box 337, Engelhard, NC 27824, Grantor; to MICHAEL
ANTHONY MEMOLI, whose address is 1 30 IJAQ'ZSj-rg WAq
LCVJ I SY I l lL , /JnR-1y( CAM WAJ h 27OZ3 , Grantee;
W I T N E S S E T H:
That Grantor, for a valuable consideration paid by
Grantee, the receipt of which is hereby acknowledged, has sold, and
by these presents, does grant, bargain, sell and convey unto
Grantee, his heirs and assigns, that parcel of land lying and being
in Pender County, North Carolina, and more particularly described
on Exhibit "A" attached hereto and incorporated herein by
reference.
This property was conveyed to Grantor by Deed recorded in
the above named County Registry in Book 3757, Page 179.
RECEIVED
DCM WILMINGTON, NC
✓ W. James Brandon
_Tl Z
70o
3 m
0
50' 25' 0' 50'
SCALE IN FEET
1/64' = 1 FOOT
mF--------
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(PERMITTEII)
SETBACK
FL❑ATING DOCK
B❑AT-LIFT
2'6'X20' PLATFORM
1v4T.L
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MEMOLI
(UNDER
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Sheet Description
m
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NEW FINGER PIER, GAZEBO, AND
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BOAT -LIFT SITE PLAN
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1CHAEL MEMOLI
N — 1 0 5
CARE OF FRANK WILLIAMS BUILDING
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COMPANY, INC.
102 INLET COURT
v m
HAMPSTEAD, NC 28443
1 .r
GENERAL PERMIT)
No.
Date
Revision Description
By
1
IOMAR18
DRAWING RELEASE
RLP
2
12APR18
NCDQRANDPENDER
tLP
3
09MAY18
ADDED DETAILS
RLP
4
12Junel8
FLOATING DOCK ADDED
RLP
5
6 JULY
MAJOR PERMIT APPLICATIO
RLP
6/z1/i
reAlised bH De" t
'X10' PILE CAP
EACH SIDE OF PILING
(2) HOT DIPPED GALVANIZED BOLTS W/
WASHERS EA SIDE OF SPLIT PILE CAP, MIN
CONCRETE 'SLAT' DECKING
n 7 n
CGREEN
ROPOSED FLOATI'
HOWN AT NWL AP;
K
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3'-2" 1 DEPTH AT I NWL)
MIN 25' BUTT
UNDER FINGER
(8' ROUND TIN
FERENCE
PILING)
U L-I L_j MIN 31'LtUTT CIRCUMFER
FOR GAZEBO SUP
DETAIL CI ELEVATI❑N DETAIL (10' ROUND TIMBER PII
SCALE: 1' = 5'
RECEIVED
OCT 2 3 2018
6'—D' TO 8'-0'
APPROX. EMBEDMENT DEPTF{
(PILINGS OVER MARSH
OR DRY LAND)
DETAIL At ELEVATION
SCALE: 1' - 30'
PROPOSED
BOAT -LIFT
HURRICANE RE EACH
/RAFTER (16 RC.)
0'STEP
r— 4' PLATFORM
4'-3"
OW
tMD
DCM INGTON. NC
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Richard L. Penny, PE
133 SOUND VIEW DR
Hampstead. NC 28"3
C
910-352-13:
Scale
AS NOTED
Sheet No. File No.
J312
rtmation contained in this
is the sole property of
Penny Construction, LLC.
production in part or whole
the written permission of
Penny is prohibited.
50' 25' 0' 50'
SCALE IN FEET
1/64' = 1 FOOT
I
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PENDER GIS
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MEMOLI
(UNDER
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COVERED PORC
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COMPANY, INC.
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HAMPSTEAD, NC
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RECEIVED
DCM WILMINGTON. NC
No.l Date I Revision Description
1
IOMAR18
DRAWING RELEASE
2
12APR18
NCDOR AND PENDER
3
09MAY18
ADDED DETAILS
4
12June18
FLOATING DOCK ADDED
5
126JULYIB
MAJOR PERMIT APPLIC
raft
RLP
10' PILE CAP
:H SIDE OF PILING
(2) HOT DIPPED GALVANIZED BOLTS W/
WASHERS EA SIDE OF SPLIT PILE CAP, MIN
CONCRETE 'SLAT' DECKING-7
<GREENI
ROPOSED FLOATIN
HOWN AT NWL AN
OCK
WH)
3'-2" 1 (DEPTH AT I NWL)
DETAIL CI ELEVATI❑N DETAIL
SCALEI 1' = 5'
MIN 25' BUTT
UNDER FINGER
(8' ROUND TIf•
PILING)
MIN 31`BUTT CIRCUM
FOR GAZEBO
(10' ROUND TIMBER
3'=1
PROPOSED
BOAT -LIFT
RECEIVED
W
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AUG 2 82018
2
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ur a
Richard L. Penny, PE
133 SOUND VIEW DR
Hamostead. NC 28443
LL TM1L mi LLL V " I lulm G ZM 9YPWT
SC/ LEI 1' - 30'
MARINE
910-352-1317
Scale
AS NOTED
Sheet No. File No.
2 J312
vmation contained in this
is the sole property of
Penny Construction, LLC.
roduction in part or whole
the written permission of
Penny is prohibited.