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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 . 0 ^ / A9 L � �n I VIAAI I i �`� I '�» c Notes 0 End PN/Comment Deadline: 30 Day Comment Period: q 9171((1b— l,RA'+l,,x Ve /.-zw, AsYed fiW Ct p -+D q-t� NAP-4 p tad �ct , - uff6cf ,t� c+ /ry-Dpvs—eJ sups d Itb — atp vvaAL ckA&a tv -vrwL& ui►1-n v�e✓vk�sSijvt -ETY^ 41pgc-awt (VIALR Icl w42t v") 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 V I 1 I I scNr a veer ircN•- f vnm NO YAT m IN i `6'! S!rAIRS TE WATER (PrLR%1IFTED) RECEIVEC (i <PERMIT j i I OCT 2 3 2018 RIPRARIA ii SETBACK ! DCM•My� CIT1 - -- -- - -- FLOATING DOCK - I-- I E Q\C-LIFT TIED- FR GENERAL PERMIT) PROPOSEDI{MIVED BOAT -LIFT, 2'6'X20' PROPOSED PLATFORM H I I I I RECENW OCµ WN_MINGTON. MC PERMITTED 20' rtRMITTED ` ? 16'X16' COVERED G ZEB❑ BAT -LIFT cZi SHOWN IN BLUE (25g QFT) i DECEIVED 4 y � � � 91pµ Op�opbi NEV FINGER PIER, GAZEBO, AND 110. OaY1 ItNifl0n 0aAu�YY jj $$3� W]a BOAT -LIFT SITE PLAN I z owam °w'ww°3 1 8 ryyyyy$7@Qg < L �� A � r " v�¢�� Mll]1AFL MEMOLI awafe rwaafwo eewen 4 Wp o CARE OF FRANK WILLIAMS COMPY, INC. AN BUILDING a we aA1°"f eoom oErua XWN#ft? MNG N! Sr �q (Jm� T 102 INLET COURT s UJAY Iuuptvwwrrnuw qp N '• v m HAMPSTEAD, NC 28443 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 _ OC a U 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 . -_ _—_--_ - ��. MtcA�,4eL In�t�t_tq,ws /o Y ZNt..r 7 cT, Yq r't 063 tFA 6 IIIIIIIIIUIIDIIIIIIIIIIII IIII IIIIIIIIIIIIIII 9590 9402 3305 7196 6894 16 17 0190 00on-3o02 oml 3611, Jtdy 2015 PSN 7530-02-0004 rt3 A Si x - .RECEIVED AUG 2 8 2018r - 0 Agent Date of Delivery D. bdaly _. _I ery address dilterent from deco 17 ❑ Yee If YES, enter tlelbery address below: 0 NO en N Restrbted Domy 1 Restricted Delivery Restricted Delivery C: Pdtrny Mail E ,r e ❑ Regisl Mar• EJ Re{pstered Mail Restritte Del ❑Ret Receipt for Mertmyldea ❑ SSigmth Confemstion•" ❑ 1gmMve CorRrmatpm Restrclerl Delivery Domestic Return Receipt Postal MAV RECEIPT DomesticCERTIFIED r ru HAWSTEADe NC 28443 u _ f3E3 tMrlied MeF 45 M Ere ra ms 07 pOne. �wO+4+5s r 0 P oWnark p C3 It I /ta0re4 C❑CC]�7ecnwaa.wnaemal -- p -- $0.92 r3�f7.33 07/30/2018 tz M1 r9 C3- '. o; �x ---------------------_..____-_---__---_.---__.-_- M1 0 W LL U LU ir ■ Complete items 1, 2, and 3. IN 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. 1. Adicle Addressed to: /,to s4"en .1 /Ud T.v.L GT r O AgerM of Deliver! b tlaNvery address tlilereM haul ftertr 17 E3 Yet tl YES, entr dolrvery address below: ❑ NO Il I IIIIII I'll III I III I I i i I II II I lIl I I I I l II Il l III t M RRes - O Ad Signal. Restrctee Dakery 9590 9402 3305 7196 6894 09 ❑ cerbried Male M- o 9=1 ❑ Cedleed Ma Restrcted Dal y ❑ far ❑ Collett w DWNwy MWhWKfi5e o ere�IR Number (horsier from service fabeo D Cdlect MaDelimy Restricted Delivery Ul u SPW _ r Comm�atialn 7017 2 4411 1i Restriced Davy 0190 000 300 1 Restricted DWKW y PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt U Z Z U.S. Postal =' o CERTIFIEDMAILO RECEIPT Domestic Mail Only g HAWSTEADP NC 23443 a g] cemnedManree— U445 f3.45 T s 07 � ❑R.a•a weep l.I. aev+d i_40a00— Poslmarl C3 ❑ewrl.e uea w.vewa o.n�r l__W„06,— RarB ❑AM siewlw. Rewcwa ora.r 1---- Cr .42 �sm 07/30/2018 C3 $7.62 M1 Sent To '-R o --------------- ._____________________________ $aeef.dApt.1G6., ar tA7Bmr f6 M1 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-------- n I m m v I I I I LOT 1ENS I I I I I I I TYPICAL 2' CONTOUR FROM PENDER GIS I I I I I ; I j 'X392' FINGER FIEF (PERMITTEII) SETBACK FL❑ATING DOCK B❑AT-LIFT 2'6'X20' PLATFORM 1v4T.L Gb.2 MEMOLI (UNDER ONSTRUCTION) WVERED PORC '4 16'X16' COVERED IG 'ZEB❑ SHOWN IN BLUE (254 QFT) Z C) 1-) O O Z Z-4 3 m p C: D ;0 U y L) D 0 Z tl L41 1 1 1 I 1 1 I 1 1 WILLIAMS 1 LOT 3 1 I I 1 I I 1 I 1 1 '(D' E-STAIF 69lPRr0 i i .,,�i (NDRMAI I STAIRS T DEqMITTED) ERMTTED �,�C-LIFT 2 MINED FR PERMITTED B AT -LIFT Sheet Description m �.D w 3 o � NEW FINGER PIER, GAZEBO, AND CD N a z a BOAT -LIFT SITE PLAN D 4 Z < r N Pro'eCt Address Cil70 m 1CHAEL MEMOLI N — 1 0 5 CARE OF FRANK WILLIAMS BUILDING r T "per W 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 K rWH) 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 W J p U 0 0 W W (D 3 Q z a p ¢ d p N a W 0 p Q Y 0 0 z ¢ 0 LL a Q H ar W a (r I < p z Q m ae W m = m a � p - N n V N z a a J a m � w N l7 N _j J .J W d � 3 CU w CLLj r _j �U Z A W(Z Z O =LO Ft �¢ N I tjOZJH v¢ Q C-) m I— .Z. Q=wa a ¢ooa mwo m 2CA 'O—MU U.-.= rtn a` 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 I I I I I I I v LEIENS r I I I 0 I I I I I I TYPICAL 2' CONTOUR FROM PENDER GIS I I I I I ILi'� (PERMIT 95' MEMOLI (UNDER ONSTRUCTION) COVERED PORC 1 I I 1 I 1 I I 1 WILLIAMS I LOT 3 1 I 1 I I 1 I 1 I 1 1 16' _W _'Sl A I R 6_VSa�_-- pRMAt' OPSAIL SOUND NWt- (NORMAL w... STAIRS T WATER (PIEf�MITTED) t� I I ) �i SETBACK] I I I PR❑P❑SEDI I ERMTTED FL❑ATING DOCK j I �'W1lC-LIFT VED FR PROPOSED! 0 B❑AT-LIFT ; c m--. �A PROPOSED I I z i—r, � m':= zm 2'6'X20' PLATFORM j j I v °° �� PERMITTED 20'X20' P 'ATF❑R RMITTED s m ` o v ? 16'X16' COVERED IG ZIE B AT -LIFT < SHOWN IN BLUE (25(1 OFT) s g J y 8 A °� B �) e m m ' 0 3 � O Sheet Description NEW FINGER PIER, GAZEBO, AND o N$ Z d BOAT -LIFT SITE PLAN y Z ti I m-A DA "- `�� r< I I I D W Z a �Z< " Z r n, "� Pro' c�Add �.; L_ Ul /� I�I�CHArL MEMOLI =g�0 OWmo fU — Z � CARE OF FRANK WILLIAMS BUILDING $ ro m COMPANY, INC. 9411 1 T -0 102 INLET COURT gmn s v m HAMPSTEAD, NC 28443 GENERAL PERMIT) TI z 3 O Zo �o oz z� ro 3 C D ;D � D fn Z C N r1 r D z V) t7 D D 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 TS � �� o o AUG 2 82018 2 a N �e L 0 CITY a:DCh4-MHD o W z W o QK O w 0 o a Z Q V m Q � 7 0 "STEP 4' PLATFORM d Z N t7 O Ir L3 z_ Ia NORMAL. AT IGH z z E3 rn w W Q M N v 00 �JORMAL WATER LOW d Q � Q U Z � LZI f W F Q °ZIW-I JW>WW -IJ OZJF- u W I f¢ Q�V 03¢ v�fNf Wo m..¢ooa �ZW 'o L) L) - a: 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.