Loading...
HomeMy WebLinkAbout23-18 Hale & BrooksPermit Class NEW Permit Number 23-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for RECEIVED MAR 14 2018 DCM- MHD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Susan Hale & Laurel Brooks, PO Boa 348, Rocky Point, NC 28457 Authorizing development in New Hanover County adj. to the AIW W, at 221 Summer Rest Road Wilmington , as requested in the permittee's application dated 12/29/17, incl. attached workplan drawings (4), 1-4 of 4, all dated 12/29/17. This permit, issued bon March 13, 2018 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Dockine Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the pennittee or other qualified persons within twenty (20) days of the issuing date. 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 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. /ram+ f re Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted Signature of Permittee Susan Hale & Laurel Brooks Permit No. 23-18 Page 2 of 4 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if the permittee abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 10 formalized boat slips. 6) The pier and associated strictures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridors. 7) No portion of the authorized docking facility shall extend past the adjacent pier line, as depicted on the plans. 8) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Excavation 10) Excavation shall not exceed -4 feet below normal low water. In no case shall the depth of excavation exceed the depth of the connecting waters. 11) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 12) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 13) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the initiation of any dredge activities. Susan Hale & Laurel Brooks Permit No. 23-18 Page 3 of 4 ADDITIONAL CONDITIONS RECEIVED MAR 14 2018 Maintenance Clause H 14) The Division of Coastal Management shall be notified in writing at lea}bksQ Ca�vance of any future maintenance work, as authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 15) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htW://www.fws. og v/nc- es/mammal/manatee ¢uidelines.odf. 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 17) 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. 18) 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. 19) No excavation or filling of any vegetated wetlands is authorized by this permit. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: If the upland plan for the lot changes and the dock is to serve more than 5 lots or units, a Special Use Permit will be required from New Hanover County. NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2018- 00111. Susan Hale & Laurel Brooks Permit No. 23-18 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2018- 0093. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD I) APPLICANT: Susan Hale & Laurel Brooks COUNTY: New Hanover PROJECT NAME: Hale & Brooks Docking Facility LOCATION OF PROJECT: 221 Summer Rest Rd, adjacent to the AIWW, in WHmington DATE APPLICATION RECEIVED COMPLETE BY FIELD:12-29-17 /// FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Courtneyyn Spears DISTRICT MANAGER REVIEW:�- B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 1-15-18 SrM.t-LNG Gci2/3�'•0 ADJ. RIP. PROP NOTICES REC'D: ��6k & A o c LaAl APPLICATION ASSIGNED TO: (,op C) 75 DAY DEADLINE: 3114ho MAIL OUT DATE:1-11-18 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a RECEIVED JAN 17 2018 DCM- MHD CITY DISTRICT OFFICE: RUMINGTON FEE REC'D: $400 #49259 ✓ Q off., o END OF NOTICE DATE: 2-5-18 ✓ DEED REC'D: (ZY /Z-4�/ ON: t/1'7118 150 DAY DEADLINE: STATE DUE DATE: 2-5-18 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Division of Community Assistance 0 7-I � 1� Division of Coastal Management-LUP Consistency t 3 / Public Water Section (DWR) Land Quality Section (DEMLR) 117 1 t Division of Water Resources - 401 Section Storm Water Management (DEMLR) 1 7 7-1 Q State Property Office 131 1 Division of Archives & History Division of Marine Fisheries - Shellfish Section I L I /Q Division of Highways (NCDOT) S Wildlife Resources Commission 2-2 (O Local Permit Officer - Lf C I T.h 8 use t i,. ?F as tau, svp raj Dept. of Cultural Res / Underwater Archaeo ogy Division of Marine Fisheries - DCM f-Lok iu ftv e /vp-CA-L Id « c Corps of Engineers - Regulatory Branch �/ , I $ ✓ Recommendations for State Permit — 221 Summer Rest Road 1/9/2018 The total platform area was calculated as follows: Shoreline length = 283' x 8' = 2,000 ftZ (max allowable) Access pier = not calculated due to alignment and dimensions Finger piers (6) = 6 (24' x 4') = 576 ftZ Total = 576 ftZ It is the stabs recommendation the construction of the docking facility would provide docking space for a total of ten (10) 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 similar pier length rule, the eight -square foot rule and the pier width rule. This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. It is the staffs recommendation that the proposed excavation is CONSISTENT with the Rules of 15 A NCAC 07H.0208 (b) (1) which states, "Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this subchapter." 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 docking facilities and dredging. DECEIVED JAN 17 2018 DCM- MHD CITY E MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Plann Subject: Consistency Determination, Major Permit Applicatlon, Susan Hale and Laurel Brooks, Wilmington, New Hanover County Date: February 13, 2018 This project is consistent with the 2006 Wilmington -New Hanover County Joint Land The applicant proposes to construct a 10-slip docking facility and excavate an open water basin. The project is located at 221 Summer Rest Road, adjacent to Greenville Sound and the AIWW in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ES, CW and PT. Waters at the project site are classified as "SB" and are not open to the harvesting of shellfish. The area is a not Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Transition while the AECs impacted by the work are classified as Conservation. In general, Wilmington -New Hanover County allows development in conservation classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Cc: File Wa t_ Coastal Management ENVIRONMENTAL QUALITY January 11, 2018 TO. Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Susan Hale and Laurel Brooks Project Location: 221 Summer Rest Rd., adjacent to Greenville Sound /AIWW in Wilmington, New Hanover County Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 5, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *Additional comments may be attached" !� This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED M AA/14 (., 0- �' DATED I l z I I g Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ex1., Wilmington, NC 29405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY January 11, 2018 TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director JAN 1 1 2018 Wt45 u�w a�°oCO-' SUW FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Hale and Laurel Brooks Project Location: 221 Summer Rest Rd., adjacent to Greenville Sound /AIWW in Wilmington, New Hanover County Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 5, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �Q/� W X DATED 0!201 O RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 JAN 2 4 2013 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY January 11, 2018 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretary =CE1IvE BAN t 1 201E nnn� P BRAXTON DAVIS Direclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Hale and Laurel Brooks Project Location: 221 Summer Rest Rd., adjacent to Greenville Sound /AIWW in Wilmington, New Hanover County Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 5, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED- � 570 DATED —\� aQ�� State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY January 11, 2018 TO: Georgette Scott Stormwater Section DEMLR - WiRO ECEIVE, JAN 12 2013 q �BY• Ad ROY COOPER Governor MICHAEL S. REGAN .Secretary BRAXTON DAVIS Ulrecto, FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Hale and Laurel Brooks Project Location: 221 Summer Rest Rd., adjacent to Greenville Sound /AIWW in Wilmington, New Hanover County Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 5, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: L,-' This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED L)!¢> DATED RECEIVED DCM WILMINGTON, NO State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 JAN 2 2 2018 910-796-7215 Z. K` r_0_ JAN 2 2 2018 Coastal Management ENVIRONMENTAL QUALITY _ 1�1�//•+�y _'7 January 11, 2018 TO: Tim Walton Dept of Administration State Property Office ROY COOPER Gowmw MICHAEL S. REGAN Seemmy BRAXTON DAVIS l7ireaor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Susan Hale and Laurel Brooks Project Location: 221 Summer Rest Rd., adjacent to Greenville Sound /AIWW in Wilmington, New Hanover County Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 5, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED 8 RECE_1VE0 DGNI WILMINGTON, NC JAN 3 12018 State of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Roy Cooper, Governor North Carolina Department of Administration State Property Office January 26, 2018 TO: Heather Coats Assistant Major Permits Coordinator FROM: Everette Moore Real Property Agent RE: CAMA Private Dock Construction Application Review Applicant — Susan Hale and Laurel Brooks 221 Summer Rest Road, Wilmington, New Hanover County Machelle Sanders Secretary Tim Walton Director REPLY: Please confirm that the proposed construction is not located within the 1000' USACE AIWW easement area. State of Nash Carolina I State Property Office 116 West Jones Street, Suite 4055 1 1321 Mail Service Ctr. I Raleigh, NC 27699 919 807 4650 T I Web: http://w .ncspo.com January 11, 2018 TO: FROM: r, SUBJECT: '^ Applicant: ' Project Location: Received: 01 /25/2018 State Historic Preservation Office Renee Gledhill -Early Dept. of Cultural Resources Archives & History ROY COOPER G;� MICHAEL S. REGAN BRAXTON DAVIS 1)rmvor ER 18-0164 Due - 2/2/1� C Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive EA., Wilm , NC 28405 heathercoats0ricdenraov Fax 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review Susan Hale and Laurel Brooks 221 Summer Rest Rd., adjacent to Greenville Sound / AIWW in Wilmington, New Hanover County Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below your agency's position or viewpoint on the proposed project and rstum V* form to Headier Coats at the address above by February 5, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED" i DATED Z S f cy FECE;VED DCIVI WILMINGTON, NC FEB 0 6 2018 SWa of NMh Crdw I Ln�nmmeaW QutlGy Cwnal Mrugvmw� 177 Cffd W I1 W EA" wdl swc sc J"05 w 410.7g672I5 JAN 2 6 IN I011 Coastal Management ENVIRONMENTAL QUALITY January 11, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Governor MICHAEL S. REGAN Srorela" BRAXTON DAVIS Derecmr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsaC.ncdenr.00v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Hale and Laurel Brooks Project Location: 221 Summer Rest Rd., adjacent to Greenville Sound /AIWW in Wilmington, New Hanover County Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 5, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X 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. DATED le,jv, State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-79&7215 Zq 12oI 6 Received JAN 2 8 2018 DCM N Coastal Management ENVIRONMENTAL QUALITY January 11, 2018 TO: David Harris NC DOT Roadside Environmental Unit RECEIVED FEB 0 1 2013 DISTRICT 3 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Susan Hale and Laurel Brooks Project Location: 221 Summer Rest Rd., adjacent to Greenville Sound /AIWW in Wilmington, New Hanover County Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 5, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** XThis 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. SIGNEDImi &4Az DATED aL(uZJtg RECEIVED State of North Carolina I Environmental Quality I Coastal Managemettl FEB (] 6 127 Cardinal Drive Ecl., Wilmington, NC 28405 910-796-7215 NGDEQ WILM04GTON RO 9 North, Carolina-Wil life�Fesouxces, Comm : T I MEM01tANDUM y�y Ciordori:My�rs, Ezecutive,Direbtpr I TO: Heather oafs Division' (Coastal -Management Noi fh Ca olma A_ apartment of hvironmeental Quality i FROM: Maria`(. uan, Coastal Coordinator H6itaf ervation pivism DATE: February „20I8; I SUBJECT; CAMA,DredgelFill Pernut Apphcarion'fr [Susan hale and Lautel Brooks; NmHa'u verConxf ,'Narili'Caroliva. be future. ;Address Div�>s oii Taei 10=slip docki ig fAcility aiid.ezcavat'e ari open water basm._A.6' bl along theriparianaccegs;corridor andsix;6xed fingei,piccg ,ed'to moor. 10wessels A_box cut excavated area 54' by 176"would' &istiug depths that range from, 0' to Z NLW Matehal generated n,theDA'-0248.uplaiid disppsals�ie..,Cri'eenville Sount.l A1�VW at vironmental Management Commission: t proposal and does',Rot behave the pro1ect:wi71 have sigadicant However, we do see_that tho prdjoet asproposed lends' itself,b ; ide of tfie property. If any increase m sfip numbers'occur`ori th e> we would view the facility as a marina and would request a t :w-and comment.on this permit application. If you need further lease contact ma`at (253) 948-3916 or'.at [,Fisheries • 1721 Mail Service Center Raleigh; NC 27699-1721 (919)•707 022Q: Fax' (9I9) 707 0028 0MRC jginuqq TO-, FROM; StlBJEGT Appkan.b Noiept Loc#fon. Prppo.s.ed,.ProOct: 'j(0Y q001mki - MICJIA) �-P EGWN BRAXTPNs DAVIS jjfDunn Wildlife 6 Resources i3soUrc��s,.CqMrj�jspion; -�WRQ t$on,,Hatqand La# Brodk.s ) 1 summer ResURd.j acqa6ent to-Oreenvillq,S60h&1AMW in 'if"gion, New , , H�hover , , bounty I construct.a dd&ldng facility and excavate an opea-wpterboat basin , P-AO I agenqy-hasno-objedon to the projectasproposed. Jitidnal comMentj'-- maybe. attached'*' agency m h . )c,has;boto comment t e,proposed;project. agencyapp oves of,'tbq-pyqieGt,6-njy,jf thp- recommended changes ncorporated, See, attached. .agency objects to the he projqct:for reasons described in the attached 127 Ca*,j bdw m.. Wflmf.gtq Na28405' 910-794-721i - DATED Zr2'201 5 Received FEB 0 2 2018 DCM Coastal Management "VIRONMlR QUALITY January 11, 2018 J„N i y Zola NEW PLANNINOVER G S ZON N OUNTY ROY COOPER a"M MICHAEL S. REGAN so"er BRAXTON DAVIS w", TO: Linda Painter Local Permit Officer County of New Hanover FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coatsQncdenr, ov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Hale and Laurel Brooks Project Location: 21 Summer Newt Rd., adjacent rCounty Greenville Sound /AIWW in gton, Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below your agency's position or viewpoint on the proposed project and retunt this form to Heather Coaj the address above by February9502018, if you a any questions regarding the proposed project, contact CourtneySpears at ( )96-7423 when appropriate in-depth comments with supporting data is requested. REPLY: � This agency has no objection to the project as proposed. yF "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comment I IRO SIGNED DATED /a1 �'0�-clac�. l.tAa- C�►"�(/`^rjQ1L 7�� �C�'^� �'-� lGr���_ 127 CffdbW Dd" p.,wdmmpz,NC2"05 DCM WILMINGTON, NC giOM6-7Zrs FEB 0 5 2018 Coats, Heather From: Greg Finch <gfinch@lmgroup.net> Sent: Friday, February 02, 2018 2:12 PM To: Coats, Heather Subject: RE: [External] 221 Summer Rest Road Thanks, I just spoke with Linda and we should be good to go. The applicants have no intent to subdivide the property. Any future buyer can only subdivide into 4lots max based on R20 size limitations anyway. Any other plans would require a Special Use Permit. Greg Finch ] Environmental Scientist Direct: 452-0001 x 1928 1 Cell: 910-470-4734 1 Fax: 910-452-0060 Email: gfinch@imgroup.net Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Friday, February 2, 2018 2:01 PM To: Greg Finch <gfinch@lmgroup.net> Subject: FW: [External] 221 Summer Rest Road Hi Greg, Linda has asked for some clarification regarding the property as to whether it will be subdivided and is intended to serve multiple lots, because if so, the dock may require a special -use permit. Can you please provide more info on whether the owner plans to subdivide the property- and if so, the number of lots planned? Thanks! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(a ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 N 7. Nothing Compares.'C. - Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Painter, Linda [mailto:LPainter@nhcgov.com] Sent: Friday, February 02, 2018 1:56 PM To: Coats, Heather <heather.coats@ncdenr.eov> Subject: [External] 221 Summer Rest Road Heather, As we discussed on the phone, I need additional information before I can comment on this project. I need to know how the facility is being used. One owner, or associated with multiple residential units. Thanks Linda Linda Painter I Zoning Compliance Official Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7068 p I (910) 798-7053 f www.nhcqov.com Coastal Management CWWONM WAL QUAD Y January 11, 2018 TO: Kathryn Thurston AICP Dept. of Planning City of Wilmington ROY COOPER (iOnnfla MICHAEL S. REGAN snIt�-y BRAXTON DAVIS D&WW FROM: Heather Coats, Assistant Major Permits Coordinator **%Sn �-". iww NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wii „ NC 28406 heather. coatsencdenroov Fax:395-3964 SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Susan Hale and Laurel Brooks Project Location: 221 Summer Rest Rd., adjacent to Greenville Sound /AIWW in Wilmington, New Hanover County Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below dour agency's position or viewpoint on the proposed project and k `` a `' below ' •at the address above by February 5, 2098. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. * Nat rt hti C'N I(ppitx ICh""/) 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`DATED ` I U FAEGEIVED DCNI WILMINGTON, NC FEB 0 5 2018 State of Nm h Caroline I Fnvi.w.. nl Quality I CoasW M"agcn t 127 Cardiwl Rive Fat, Wilmington, NC 28C5 9W964215 r r4 Coats, Heather From: Weychert, Curtis R Sent: Wednesday, January 24, 2018 4:30 PM To: Coats, Heather Subject: RE: [External] RE: Susan Hale and Laurel Brooks Project Thanks for doing that Heather. Let Greg know that I recognize and appreciate the efforts to minimize and avoid impacts already (i.e. fixed vs floating, 4' finger piers vs 6', reduced footprint of dredge area and depth). That being said, inform the applicant that any future additions and expansions could present concern for cumulative impacts of the habitat if those concerns could be avoided by an alternate orientation. Curt From: Coats, Heather Sent: Wednesday, January 24, 2018 2:53 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: FIN: [External] RE: Susan Hale and Laurel Brooks Project Hi Curt, Please see Greg's response below and let me know if you have any further questions and/or comments. Thanks, Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(a.ncdenr. oov 127 Cardinal Drive Extension Wilmington, NC 28405 < `-Nothing Compares - Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Greg Finch [mailto:gfinch@Imgroup.net] Sent: Wednesday, January 24, 2018 2:41 PM To: Coats, Heather<heather.coats@ncdenr.gov> Subject: [External] RE: Susan Hale and Laurel Brooks Project *,_ Hi Heather, The applicants are aware that the suggested orientation would reduce dredging volume but have determined that the proposed layout is greatly preferred since it does not obstruct the aesthetic view of the remaining shoreline and allows any potential buyer(s) more options and uses for the relatively large -sized, parcel for this location. The dredging footprint was minimized as much as possible by using fixed piers and finger docks, only a -4 MLW proposed depth and 30' backing/turn basin. Normally a -6' MLW depth would be preferred to support larger vessels or sailboats that might be associated with the high property values in this location; and, a 1.5 times largest boat length is normally recommended for the backing/turning basin lie 45' back/turn basin for a 30' boat). Hope this helps explain the reasoning and avoidance and minimization incorporated. Thanks, Greg Finch I Environmental Scientist Direct: 452-0001 x 1928 1 Cell: 910-470-4734 1 Fax: 910-452-0060 Email: gfinch@Imgroup.net Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net From: Coats, Heather[mailto:heather.coats@ncdenr.govl Sent: Wednesday, January 24, 2018 2:04 PM To: Greg Finch <gfinch@lingroup.net> Subject: FW: Susan Hale and Laurel Brooks Project Hi Greg, Can you please see Curt's comments below and let me know if it is possible to reconfigure and reduce impacts? Liz has also just recently sent this out for federal agency review and their comment period runs through 2/21. Thanks! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(oncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 K�`ro- <'/ Nothing Compares.,.., Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties: From: Weychert, Curtis R Sent: Monday, January 22, 2018 11:00 AM To: Coats, Heather <heather.coats (ancdenr.gov> Subject: FW: Susan Hale and Laurel Brooks Project Heather, before submitting comments on Susan Hale and Laurel Brooks project located at 221 Summer Rest Rd., Wilmington, 1 had some questions for the applicant. In an effort to avoid and minimize and avoid impacts to fisheries habitat, it seems that the applicant can reconfigure the docking facility to align parallel to the pier headline and the AIWW instead of perpendicular. If aligned parallel to the pier headline, the depths along the boatlifts would be 1'-to -2' and might reduce the need for dredging, or significantly reduce the area and volume of bottom which needs to be removed'. This property is uniquely able to orient their facility when compared to other property areas along the same shoreline. This could reduce the impacts to the environment and could also reduce cost, duration, and further maintenance. Could the applicant provide a statement as to why the proposed configuration is oriented as is, and if they would be open to investigating ways to avoid and minimize impacts? Thanks Curt Curtis Weychert Fisheries Resource Specialist North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 ext. 213 Curt. Weychert(a'Dncden r. gov 400 Commerce Ave. Morehead City, NC 28557 <—/ Nothing Compares,..,.... I3a Coastal Management ENVIRONMENTAL QUALITY January 11, 2018 TO: Curt Weychert Fisheries Resource Specialist MHC-DCM ROY COOPER Gowen r MICHAEL S. REGAN src nary BRAXTON DAVIS Mwdor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenr.gov Fax: 395-3964 (Courier 04-16.33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Hale and Laurel Brook$ Project Location: 221 Summer Rest Rd., adjacent to Greenville Sound /AIWW in Wilmington, New Hanover County Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 5, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: 7y__ This agency has no objection to the project as proposed. "Additional comments may be attached"" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED Z r'EC Xh,i WILMINGTON, NC FEB 0 5 2018 RECEIVED JAN 17 2018 StMe of N" Carolina I Enviranmemat Quality I Co f Management 127 Cardinal Dme Fxt , Wilmington, NC 28405 910-796-7215 DCM- MHD CITY Ic j bodsi6f"14nageinene, 'ENVIROkMENTA L*GUkLITY-" TO: HeatherC6ats, DCM Assisfant'Maior Permit Coordinator FROM Curt-Weychert,,DCM Fisheries Resource Specialist SUB.JECTt SusihfHale and Laurel Brook's DATE: February 2, 26.1 8; ROY2:CQOPER., —1 O*eni ; 7A _. . UJQ)E�AW&' REGAKI Thisvfficereached oufto the applicant on January,22,r2018, asking if the applicant coul&provide &statement explAinifig Why the proposed configuration is oriented as is, and itsked'if the applicant',wbuld.be open to inVe.stigit.ing, i6ysio avoi&and minimize impacts. This office suggested orteiiiing'the docking,facility. to the end of, the pie'r hc;adUn6adjac'ent,tq th9chatmel j*qaqso` the water depths seemed to require less dredgingjfat all-, which W64d,avqid.afid minimize the impact to shallow, soft bottom habitat. The applicant resOnd6d4hat the:alternative configuration would obstiuct,the aesthetic viewof the remainiqg_§fioreline for future buyer(s). Shallow bottom fi-ab i tat i s Aprod d6tive - nursery area for jiv, I enfle-fish and invertebrate species, ptAiding refdg4 foraging.4reas, Ekrvell as providing benthic pelagic coupling betweenprimary producers and1huna, withiii.the' .bentha. D.rOdgitfgt-h,i1g.ha.bi.tatwhiqh,rattge ffom Q' to-.2' at MLW would fragmentIthe-habitat .and remove I any hofa.oe fauna in the dnedgefootpilut. Fe t 16 the p ' proposed osed construction and, dredge area or depth, however,, there would 66 qpacts to resources.if.futura.,development were proposed especially when,reasonable minimization mizaUion h,-.avelcenofe redi This offlO,with the.inuiqrstandingthatthe ed,,would -suggest oerinitdi)ndfti6ifsin-the farm 6f ideed restirfetionon the at if subdivided infthe future, do additional formalized docking;facilities be tl lopment-to xed'waibr_acc_csis. ContaqA,QOrt-Wqyche.q,af 051) 868-2800:ext; 213 or,,,'Cbit3k6Lc—hedffie'deiir.iov,with.furthprquestioiis or condeiiii; Mwagcnient '452.808--28081252-247-3330 (fail) DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 February 28, 2018 Regulatory Division Action ID No. SAW-2018-00111, General Permit No. 198000291 Ms. Susan Bowden Hale Ms. Laurel Bowden Brooks Post Office Box 348 Rocky Pointy, North Carolina 28457 Dear Susan and Laurel: Reference your application for a Department of the Army permit to construct a 10-slip docking facility and to evacuate an open water boat basin at 221 Summer Rest Road, adjacent to Greenville Sound and the AIW W, in Wilmington, New Hanover County, North Carolina. Coordinates are: 34.2207 N, -77.81 IS W. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, Guidelines for Avoiding Impacts to the West Indian Manatee, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, -� vv� $�o Liz Hair, Project Manager Wilmington Regulatory Field Office fr V E D DCivl WILMINGTON, NC MAR o 12018 -2- Enclosures: GP 291 conditions Manatee Guidelines Plans Copies Furnished (with enclosures): Land Management Group, hie. Attn.: Mr. Greg Finch and Mr. Steve Morrison 3805 Wrightsville Avenue, Suite 1.5 Wilmington, North Carolina 28403 Electronic Copy Furnished (without enclosures): NCFWS; Mr. Pete Benjamin USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Scott McAloon NOAA/NMFS; Dr. Fritz Rhode NOAA/NMFS; Mr. Pace Wilber NCDEQ/DCM; Mr. Doug Huggett NCDEQ/DCM; Ms. Heather Coats NCDEQ/DWR; Mr. Chad Coburn NCDEQ/DWR; Ms. Karen Higgins NCDEQ/DCM; Ms. Courtney Spears DEPARTMENT OF THE ARMY -WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 29403.1343 March 20, 2018 Regulatory Division Action ID No. SAW-2018-00111, General Permit No. 198000291 State Permit No. 23-18 Ms. Susan Bowden I tale Ms. Laurel Bowden Brooks Post Office Box 348 Rocky Point, North Carolina 28457 Dear Ms. Hale and Ms. Brooks: Reference your application for a Department of the Army permit to construct a 10-slip docking facility and to evacuate an open water boat basin at 221 Summer Rest Road, adjacent to Greenville Sound and the AfWW, in Wilmington, New.Hanover County, North Carolina. Coordinates are; 34.2207 N,-77.8118 W. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, Guidelines for Avoiding Impacts to the West Indian Manatee, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, Received Liz Project Manager Wilmington Regulatory Field Office MAR Z 2 2018 DCM -2- Enclosures: GP 291 conditions Manatee Guidelines Plans Copies Furnished (with enclosures): Land Management Group, Inc. . Attn.: Mr. Greg Finch and Mr. Steve Morrison 3805 Wrightsville .Avenue, Suite 15 Wilmington, North Carolina 28403 Electronic Copy Furnished (without enclosures): NCFWS; Mr. Pete Benjamin USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Scott McAloon NOAA/NMFS; Mr. Fritz Rhode NOAA/NMFS; Mr. Pace Wilber NCDEQ/DCM; Mr. Doug.lIuggett NCDEQ/DCM; Ms. -Heather Coats NCDEQ/DWR; Mr.. Chid Coburn NCDEQ/DWR; Ms. Karen Higgins NCDEQ/DCM; Ms. Courtney Spears tr" Coastal Management ENVIRONMENTAL QUALITY January 11, 2018 TO: RECEIVED/NCDENR/DWR JAN 12 2018 Water Quality Regional Operations Section Wilmington Regional Office Chad Coburn 401 Wetlands DWR-WiRO �l /�OY COOPER Governor MICHAEL S. REGAN Semimy BRAXTON DAVIS Dtmcmr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext.,_Wilm_., NC 28405 heather coats(a)ncdenr.00v Fax: 395-3964 fCourier04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Susan Hale and Laurel Brooks Project Location: 221 Summer Rest Rd., adjacent to Greenville Sound /AIWW in Wilmington, New Hanover County Proposed Project: to construct a 10-slip docking facility and excavate an open -water boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 5, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. LiO� [SS UL Ccc— REPLY: ✓ This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. objects to the project for reasons described in the attached yv" SIGNED DATED RECEIVED MAR 14 2018 RECEIVF Smm orNmth Cmolina l ERYGomn.,d e ,'QMI +.W D CITY A �; 127 Cw&W DriYe E#., Wilmington, NC 29405 J H 91079&7215 DCM WILMING. NC. Water Resources Environmental Quality March 12, 2018 Ms. Susan B. Hale Ms. Lauren B. Brooks P.O. Box 348 Rocky Point, NC 28457 Subject Property: 221 Summer Rest Road ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER interim Director New Hanover County DWR Project: 2018-0093 Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Hale & Ms. Brooks, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.22 acres of open water to construct a 10 slip docking facility and boat basin as described in your application received by the N.C. Division of Water Resources (DWR) on January 19, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: hqp://Dortal.ncdenr.org/web/wq/swp/ws/401 /certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. RECEIVED MAR 14 2018 DCM- MHD CITY RECENED ­�—_>'-Nothing Compares:7,__ State of North Carolina Environmental Quality INGTON, NC 1611 Mail Service Center I Raleigh. North Carolina27699-1611 DCM WILM 919-707-9000 221 Summer Rest Road New Hanover County 2018-0093 Page 2 of 4 The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name { 15A NCAC 02H .0501 and .0502}. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [ 15A NCAC 02H .0502 (b) and 15A NCAC 021-1.0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary 221 Summer Rest Road New Hanover County 2018-0093 Page 3 of 4 to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://yortal.ncdenr.or web/wg/swp/ws/401/certsandpermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. 0 This approval and its conditions are final and binding unless contested. 0 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by n filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at N http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for 0 ao rn informatibn. Within sixty (60) calendar days of receipt of this notice, a petition must be filed 0 with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). RECEIVED lnA*- 1 32018 221 Summer Rest Road New Hanover County 2018-0093 Page 4 of 4 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.Coburnancdenceov. Sincerely, DocuSigned by: E3ABA14AC7DC434... Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Steve Morrison — Land Management Group, Inc., 3805 Wrightsville Avenue, Wilmington, NC 28403 Tyler Crumbley - USACE Wilmington Regulatory Field Office W iRO/LF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE January 23, 2018 Regulatory Division Action ID No. SAW-2018-00111 Susan Bowden Hale Laurel Bowden Brooks Post Office Box 348 Rocky Point, North Carolina 28457 Dear Susan and Laurel: RECEIVED FEB 0 2 2018 DCM- MHD CITY We have reviewed your application received by this office on January 18, 2018, for Department of the Army (DA) authorization to construct a 10-slip docking facility and to evacuate an open water boat basin at 221 Summer Rest Road, adjacent to Greenville Sound and the AIWW, in Wilmington, New Hanover County, North Carolina. Coordinates are: 34.2207 N,-77.8118 W. Your application is a candidate for Federal authorization pursuant to the CAMA— Corps Programmatic process for construction activities that receive authorization fiom the State of North Carolina. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the Federal permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the Rivers and Harbors Act, has been assigned Action ID No. SAW-2018-00111. Questi6tig,,or to *ngtonField. �Offico,,Regulatory Branch; iplephp4p'9 -2 L! IJ jegulatory Pi-ojeccMdfidkor. Qopy, FRpished LafidMaliagerfteiltOrcri , �p, Inq.. Attu. W-0mg-itch anOft, Slew M-or-fison 3805 Wkighjsyffje,Avenue,S4#q 15 W-jimirigton,,North Carolina 28463 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) NA 221 Summer Rest Road Applicant 1: First Name MI Last Name Susan Bowden Hale Applicant 2: First Name MI Last Name Laurel Bowden Brooks If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State NA 348 Rocky Point NC ZIP Country Phone No. FAX No. 28457 USA 910-619-6332;919-360-6051 NA Street Address (if different from above) City State ZIP NA Email travlin4fn(abaol.com; bacal197(d)aol.corn 2. AgentContractor Information Business Name Land Management Group, Inc. Agent/ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2: First Name MI Last Name Steve Morrison Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No.t ----[Phone No. 2 28403 910-452-0001 ext. NA NA ext. NA FAX No. Contractor # NA NA Street Address (if different from above) city State ZIP R E C E NA Email JAN 17 gfinch@lmgroup.net; smorrison@lmgroup.net Application for Major Development Permit — December 2017 221 Summer Rest Road Wilmington, New Hanover County, North Carolina VED ?018 DCM- MHD CITY DCM WILMINGTON, NC DtC 2 9 2017 WV 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 221 Summer Rest Road NA Subdivision Name city State Zip NA Wilmington NC 28405 Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak AIWW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown AIWW 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. Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) -283 @ NHW 2.75 +/- acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please attach additional page with a list) 6 ®NHW or ❑NWL e. Vegetation on tract Shrubs, trees and lawn grasses. f. Man-made features and uses now on tract None. Prior features and uses included the Bowden Nursing Home facility, which has since been closed and the site cleared. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential homes and docking facilities; community docks and slips. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. [-]Yes ®No ❑IA E C E I V If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National []Yes ®No ❑NA Register listed or eligible property? u DCM- MHD CITY Application for Major Development Permit - December 2017 221 Summer Rest Road RECEIVED Wilmington, New Hanover County, North Carolina DCMWILMiNGTON, NC DEC 2 9 2017 W m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) PRELIMINARY DELINEATION, NO UPLAND DEVELOPMENT PROPOSED. SEE APPENDIX A FOR DETAILS. n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant proposes to construct a 10-slip docking facility that includes a fixed pier, boat lifts and dredging to -4MLW. The purpose of the project is to provide water access and boat slips to the 2.75-acre residential property. 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. Typical dock construction methods and equipment will be used. Bucket -to -barge dredging is proposed. Equipment will be stored on site, if needed. d. List all development activities you propose. Construction of a fixed pier with fixed finger piers and 10 boat lifts. Dredging to -4 MLW. No upland development is proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No [:]NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? ❑Yes ®No []NA REeEll If yes, attach a mitigation proposal. ED 18 DCM- MHD CITY Application for Major Development Permit — December 2017 RECEi'v ED 221 Summer Rest Road Wilmington, New Hanover County, North Carolina DCM VVILiAiNuTON, vC 3 DEC 2 9 2017 MW 6. Additional Information In addition to this completed application form, (MP-1) the following items below, it 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 properly 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 stale 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 Sailing, William H Jr Gail F Phone No. NA Address 303 Summer Rest Road, Wilmington, NC 28405 Name Summer Rest Boat Owner's Association Phone No. NA Address 224 Summer Rest Road, Wilmington, NC 28405 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NA 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 Ad (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 12/29/2017 Print Name: Greg Finch. Agent, Land Management Group, Inc. Signature n.-J, 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 Application for Major Development Permit - December 2017 221 Summer Rest Road Wilmington, New Hanover County, North Carolina RECEIVED JAN 17 2018 DCM- MHD CITY RECEIVED DCf4 WILMINGTON, NC DEC 2 9 2017 kZ 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Other (excluding Channel Canal Boat Boat Rock Rock shoreline (NLW or Basin Ramp Groin Breakwater NWL)stabilization) Length 176' Width 54' Avg. Existing 0' MLW NA NA Depth Final Project -4' MLLW NA NA Depth 11. EXCAVATION El This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be cubic yards. Sand 1,400 C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (it) Describe the purpose of the excavation in these areas: NA d. High -ground excavation in cubic yards. None 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Southern comer of DA 248, outside USACE ROW adjacent to existing dike. PID: R06300-002-001-000. See Appendix C. c. (1) Do you claim title to disposal area? []Yes ®No ❑NA (it) if no, attach a letter granting permission from the owner. See Appendix C. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: NA. Application for Major Development Permit — December 2017 221 Summer Rest Road Wilmington, New Hanover County, North Carolina uimensions or aisposai area. Irregular, upland portions of PID: R06300-002-001-000, adjacent to existing dike. See Appendix C. d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA (ii) If yes, where? NA f. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (ii) If yes, how much water area is affecrr%Ar=- D E IV C D JAN 17 2018 DCM- MHD CITY SRECEIVED DCM WILMINGTON, NC DEC 2 9 2017 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance watenvard of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. b. Length: Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ®No DNA b. (i) Will fill material be placed in coastal wetlandstmarsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area IN) Purpose of fill 5. GENERAL submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas: NA a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? No land disturbing activities at the project site. Dredge spoil will be Typical dock construction and bucket to barge equipment, backhoe, placed along and adjacent to the existing diked disposal area excavator, barge and bobcat/bulldozer. outside the USACE ROW on DA 248. See Appendix C. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ®No DNA site? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize NA environmental impacts. NA Date 12/29/2017 Project Name 221 Summer Rest Road R C^ E i V Fp Applicant Name Susan B Hale and Laurel B Brooks JAN 17 2018 Applicant Signature - Ni H D CITY r'41 "• , Agent, Land Management Group, Inc. Application for Major Development Permit — December 2017 221 Summer Rest Road Wilmington, New Hanover County, North Carolina RECEIVED DCMIYNILMiNGTON, NC DEC 2 9 2017, 3. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment ®Private/Community c. (i) Dock(s) and/or pier(s) (it) Number 1 (Ili) Length 345' IN) Width 6' (v) Floating []Yes NNo e. (i) Are Platforms included? []Yes NNo If yes: (ii) Number (Ili) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed 10. (ii) Number of slips existing None i. Check the proposed type of siting: ❑ Land cut and access channel NOpen water; dredging for basin and/or channel (]Open water; no dredging required ❑Other; please describe: k. Typical boat length: 25' m. (i) Will the facility have tie pilings? []Yes NNo (it) If yes number of tie pilings? [I This section not applicable b. (i) Will the facility be open to the general public? ❑Yes NNo d. (i) Are Finger Piers included? ®Yes []No If yes: (ii) Number 6 (Ili) Length 24' (iv) Width 4' (v) Floating ❑Yes NNo f. (i) Are Boatlifts included? NYes []No If yes: (ii) Number 10 (Ili) Length 12.5' on center (iv) Width 12.5' on center 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: N Other, please describe: 10 lift slips j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types I. (1) Will the facility be open to the general public? []Yes NNo RECEIVED JAN 17 Zola DCM- MHD CITY Application for Major Development Permit — December 2017 2215ummer Rest Road RECEIVEDDCM WILMINGTON, NC Wilmington, New Hanover County, North Carolina 7 IM 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. I. 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. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. I. 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? m. Is the marina/docking facility proposed within a primary or secondary nursery area? Dyes []No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. RECEIVED ❑CW ❑SAV ❑SB ❑WL ❑None JaN 17 2018 p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. DC M- M H D CITY 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community Application for Major Development Permit — December 2017 RECEIVED 221 Summer Rest Road DCM WILMINGTON, NC Wilmington, New Hanover County, North Carolina g DEC 2 9 2017 l4- (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 (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This 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 ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing Application for Major Development Permit — December 2017 221 Summer Rest Road Wilmington, New Hanover County, North Carolina b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED JAN 17 2018 DCM- MHD CITY 4ECEIVED r)Cnt'I-,,i,�^AjJGTON, NC �LL,1920171 7. GENERAL No � a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Greater than 15' on each side. 58' on southwestern side, 198' on northeastern side. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body —630' 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. NA d. Water depth at waterward end of structure at NLW or NWL — -2' MLW existing. -4 MLW proposed & OTHER ®This section not applicable a. Give complete description: 12/29/2017 Date 221 Summer Rest Road Project Name Susan B Hale and Laurel B Brooks Applicant Name Agent, Land Management Group, Inc. Applicant Signature Application for Major Development Permit — December 2017 2215ummer Rest Road Wilmington, New Hanover County, North Carolina RECEIVED JAN 17 2018 DCM— MHD C T Y RECEIVED DCM WILMINGTO N, NC 10 V)� LMG LAND MANAGEMENT GROUP ,s Environmental Cunsuhants I —*Ielloec xl'S7rc serving as the Property Manager for Agnes Beane, grant the Applicants, Susan B Hale and Laurel B Brooks, for the 221 Summer Rest Road CAMA Major Permit project, permission to place approximately 1,400 cubic yards of dredge spoil on PID: R06300-002-001-000 and as shown on the attached Spoil Disposal Area figure. /2 - 4-/ Signed Date �/6253S3aS� RECEIVED JAN 17 2018 DCM- MHD CITY www.lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 D 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 OCM WI RECEIVERECEIVED ON, NC RECEIVED DCM WILMINGTON, NO M17 OEC 2 9 2017 MR 2. 4. N 8. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Susan Hale and Laurel Brooks c/o LMG, Inc. PROJECT NAME: 221 Summer Rest Road LOCATION OF PROJECT SITE: 221 Summer Rest Road, adjacent to Greenville Sound and the Atlantic Intracoastal Waterway, in Wilmington, New Hanover County. Photo Index - 2006: 22-7424, Q 9-10 Latitude: 34° 13' 14.36'N Longitude: 77°48'42.61 "W INVESTIGATION TYPE: CAMA and D & F INVESTIGATIVE Dates of Site Visit — 1/9/2018 Applicant Present — No PROCESSING PROCEDURE: Application Received — 12/29/2017 Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington/New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: CW, PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private Community (E) Wastewater Treatment: Existing — Sewer Force Main (NEI) Planned — N/A (F) Type of Structures: Existing — Timber bulkhead, irrigation well, access pier, floating dock, remnant piling Planned — access pier, finger piers, boat lifts and excavation of basin for up to 10 vessels. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED QT_HER (A) Vegetated Wetlands (Coastal Wetlands) 900 ft (Shaded) (B) Non -Vegetated Wetlands 9,504 ftz in4 rpoft d (Open water (C) Other (Highground) Disposal Site _8,000 ftZ (D) Total Area Disturbed: 23,330 ft (A.5 acres) (E) Primary Nursery Area: No (F) Water Classification: "SB" Wrightsville Recreational Area Open: No PROJECT SUMMARY: The applicant proposes to construct a 10-slip docking facility and excavate an open water boat basin. RECEIVED JAN 17 2018 DCM- MHD CITY M 221 Summer Rest Road Page 2 9. PROJECT DESCRIPTION: The project site is located at 221 Summer Rest Road (NCSR 1417), adjacent to Greenville Sound, and the Atlantic Intracoastal Waterway (AIWW), Wilmington, in New Hanover County. To locate the site from the Wilmington Regional Office (WiRO) take US Hwy 74/76 towards Wrightsville Beach just before crossing the drawbridge to Wrightsville Beach. The property is approximately 800' north of the US Highway 74/76 drawbridge to Wrightsville Beach. To locate the property from Military Cut -Off Road (NC Highwayl7), turn onto Eastwood Road towards Wrightsville Beach. Travel east approximately 1 mile and turn left onto Summer Rest Road. Travel approximately 0.15 miles and the property of interest crosses over Summer Rest Road. The project site is bordered to the north and south by existing single family homes. There is an existing approximately 6-slip docking facility to the north and a 10-slip community docking facility to the south. The application states that project site is approximately 2.75 acres with approximately 283' of shoreline frontage and averages 6' above normal high water (NHW). The marsh area, between the highground along Summer Rest Road, and Greenville Sound, consists of smooth cordgrass (Spartina alterniora), ranging from 90' to 120' in width. At the transition to highground, there is high coastal marsh vegetation, intermixed with spike grass (Distichlis spicata), sea oxeye (Borrichia frutescens), sea lavender (Limonium, spp.), saltwort (Salicornia, spp.), and salt meadow grass (Spartina patens). Shrubs including; marsh -elder (Iva frutescens), grounsel-bush (Baccharus halimifolia), and wax myrtle (Myrica cerifera) complete the transition to the highground. Highground vegetation consists of lawn grasses, live oak (Quercus virginiona), various pine species, and red cedar (Juniperus virgniana). The only high ground development present is a small concrete walkway and concrete pad located just east of Summer Rest Road. The remainder of the property is undeveloped, although it was previously the site of Bowden Nursing Home until it was demolished in approximately 2012. No permit history for this site could be located. The New Hanover County and the City of Wilmington 2006 Land Use Plan Update classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the Molts Creek and Middle Sound are classified SB (Wrightsville Recreational Area) by the Division of Water Resources. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to construct a 10-slip docking facility and excavate an open water boat basin. The application states that a 346' by 6' access pier would be constructed along the southern edge of the riparian access corridor. Extending from the northern edge of the access pier would be 6 fixed finger piers measuring 24' by 4' each. The eastern most finger pier would be located at the terminus of the access pier. The remaining finger piers would be spaced with 24' between each of them, with the landward most finger pier located approximately 150' from the terminus of the access pier. The ten proposed slips would be located between these finger piers and each slip would contain a 12.5' by 12.5' boat lift (see sheet 2 of 4). The applicant proposes to excavate the boat basin area with a box cut measuring approximately 176' by 54' for access to the AIWW. Current water depths range from approximately 0' at NLW in slips 0-6, approximately -P at NLW in slips 7-8 and approximately -2' at NLW in slips 9-10. The applicant proposes to mechanically excavate by bucket -to -barge method to a final project depth of -4' at NLW (see sheet 2-4 of 4). This would result in the removal of approximately 1,400 cubic yards of material. The excavated material would then be hauled to Agnes Beane Site, a private disposal adjacent to USACE DA 248, located approximately 0.9 miles south of the project site at the confluence of the AIWW and Motts Channel (US Army Corps of Engineers (USACE) Disposal Site No. DA-0248). The application includes authorization from the property manager for use of the spoil disposal island on the portion currently owned by Agnus Beane. RECEIVED JAN 17 2018 DCM- MHD CITY 221 Summer Rest Road Page 3 10. ANTICIPATED IMPACTS: The proposed docking facility construction would incorporate 4,926 ftz of Estuarine Waters and Pubic Trust Area. The proposed new access pier would shade approximately 900 ftz of coastal wetlands, vegetated primarily with Smooth Cordgrass (Spartina alterniflora). The application states that the proposed docking facility would accommodate up to 10 slips for mixed type vessels averaging 25' in length. The proposed excavation would impact approximately 9,504 ftz of shallow bottom area through the use of mechanical dredging, resulting in the removal of approximately 1,400 cubic yards of material. The disposal of the material would impact approximately 8,000 ft of highground, which would be located onto an existing spoil island at the confluence of the AIW W and Motts Channel (USACE Disposal Site No. 0248). The proposed structures would extend approximately 185' into a waterbody, which measures approximately 630' across (AIWW), which would exceed the ''/. width distance, however it is within 200' of facilities to the north and south which extend a similar length into the water body. The proposed docking facility appears to meet the required 80' setback from the USACE AIW W federal channel. The proposed docking facility would not encroach into either adjacent 15' riparian corridor setback requirement to the north or south. Minor increases in turbidity should be expected during construction. Submitted by: Courtney Spears Date: 1/9/2018 Office: Wilmington RECEIVED JAN 17 2018 DCM- MHD CITY 4. DCM MP-1 Section 6.0 Additional Information 4.1 Section 6. a. Project Narrative 4.1.1 Project Location and Existing Conditions The project is located on the Atlantic intracoastal waterway at 221 Summer Rest Road in Wilmington, New Hanover County. The property previously operated as the Bowden Nursing Home but has since been cleared and remained vacant for several years. Waters in the project area are classified as SA and are not open to shellfishing. There are no SAV or shellfish resources present. 4.1.2 Proposed Action There is no upland work proposed. A 346-foot long fixed pier is proposed with 6 fixed finger piers to access the 10 proposed boat lifts. Finger piers will be 24-feet long by 4-feet wide, see Appendix A for details. Due to water depths surrounding the proposed docking facility, dredging to -4 MLW is proposed. The dredging area is not located in ORW or PNA. A 54-foot wide by approximately 176-foot long box cut to -4 MLW will generate approximately 1,400 cubic yards of dredge spoil. Dredging will extend to existing -4' MLW depths adjacent to the USACE navigation channel. Bucket -to -barge excavation is proposed and the excavated material will be placed on DA-248 outside of the USACE right-of-way along and adjacent to the existing dike. See Appendix C for details. Application for Major Development Permit — December 2017 221 Summer Rest Road Wilmington, New Hanover County, North Carolina RECEIVED JAN 17 2018 DCM- MHD CITY DCIv1 WILMINGTON, NC Coastal Management ENVIRONMENTAL QUALITY January 9,2018 Land Management Group, Inc. c/o Greg Finch 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Finch: ROY COOPER Govemor MICHAEL S. REGAN Secmarry BRAXTON DAVIS Dimcior The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Susan Hale and Laurel Brooks, for State approval for development of the subject property located at 221 Summer Rest Road, adjacent to Greenville Sound and the Atlantic Intracoastal Waterway (AIWW), in Wilmington, New Hanover County. It was received as complete on December 29, 2017 and appears to be adequate for processing at this. time. The projected deadline for making a decision is March 14, 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 nofice 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 December 29, 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. cc: Heather Coats, DCM Doug Huggett, MHC Liz Hair, COE Linda Painter, LPO Chad Coburn, DWR Kathryn Thurston, City of Wilmington Susan Hale and Laurel Brooks, Applicants RECEIVED JAN 17 2018 r-11— DCM- i+/MHD CUY Stale of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 910-7967215 \T01'1'IC1: AMA PERM APPLIED To construct a 10-slip PROJECT: exca a Summe Sow WU N W W Q IT°` FOR facility and COMMENTS ACCEPTED THROUGH February q, 2018 APPLICANT: Susan Hale & Laurel Brooks PO Box 348 Rocky Point, NC 27457 Agent: Greg Finch (910) 452-0001 FOR MORE DETAILS CONTACT CDi�tQFntNV. oasal ManageBELOW: e �1 Gardinal Or. Extension Wilmington, NC Z8405 Cou ney pears, ie epresen a the m Domestic r 7 • •. Ir �3 , ' N i_ V J ed Mal Fee $3.35 0406 nl $ $2.75 5 imn3I iry ru o -d-Whvteuc.aeo. ❑w,,.,,H.«�wa�....Fn s f7 ❑n.Wm n. «w w.b ao sS0.00 ❑Cwtinea wYrrkkre DO. t Potkn■k HM C3 ❑r sm R-*. t 40 00 0 ❑e ft sgri..n n•rwm D*. Footage $2.66 -r .M S 12/21/2017 C3 IbW soa W.76 Ln • r-1 C3 U III w i �� Pr f c'(pai_41 _�fiaL---------------- sde:i -- ,a - ■ -- S N DomesticOnly S M YIL�f !KTONP N m Cw#WkwlF« f3.35 1406 R' a 5 a.ue«..ec ❑rswn �h.0�d�earl i � fU F3 0 O ❑iWn M.Ipt N..t'.+9 t ❑C.■kakw n.elow pN.r $ tf1_fm Poebnerk Hem ❑.apt tpw.ikar.e t40 go O ❑.ae ■■.kn w.eeeta wrwyt Poawe $2.66 S ' C3 12/21/2017 76 Ln a ,a C3Q- s.nrT, ,�.�, � A - - 5 RECEIVED DOM WILMINGTON, NC 9 2W LMG LAND MANAGEMENT GROUP ar: Environmental Consultants December 20, 2017 Summer Rest Boat Owner's Association 224 Summer Rest Road Wilmington, NC 28405 To Whom It May Concern: Susan Bowden Hale and Laurel Bowden Brooks are applying for a CAMA Major permit for development activity on their property located at 221 Summer Rest Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Courtney Spears North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gfinch@ImL-roup.net Sincerely, Greg Finch, Agent Land Management Group, Inc. Enclosures www.lmgroup.net • Phone: 910.452.0001 a Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED JAN 17 2018 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC DEC. 292017 LMG LAND MANAGEMENT GROUP,.. Environmental Consultants December 21, 2017 Dr. William H Jr and Gail F Salling 303 Summer Rest Road Wilmington, NC 28405 Mr. and Mrs. Salling: Susan Bowden Hale and Laurel Bowden Brooks are applying for a CAMA Major permit for development activity on their property located at 221 Summer Rest Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Courtney Spears North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gfinch@lmgroup.net Sincerely, Greg Finch, Agent Land Management Group, Inc. Enclosures RECEIVED www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 DI;M WILMINGTON, NC 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ,jv (' 2 9 2017 ■ 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. 1. Article Addressed to: ISr A-C,. k s, -j "' i. SvMw%Lr 0-4 " D. Is delivery If YES, en ❑ Agent 7❑ Addressee C. Date of Delivery m Hem 17 Uyes below: ❑ No RECEIVED DCM WILMINGTON, NC IIIIIIIillllllllllllllllllllllllllllllllllllll 3. ❑Adu�"ice SgnatureRestrictedDelivery ❑R�Ia" M `Restricted 9590 9403 0119 5077 8034 04 ❑ certified Mail Rmlricled Delivery ❑ Retlum Receipt for 2. ArtlCle Number ?iBnalBr lmm serWce la6ea ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Denvery ❑ Signature Confirmation^" 7015 0640 0002 2839 4748 lestnated calvary Signature ❑ Restricted Delivery Confirnalion PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Com*te itamA, 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. 1. Article Addressetl to: Su.�r.tr Rwi Oo� O�iy ASS .�.k iv nM<r a..ti� Rpm \,,I rti.rvf�eyt, NL aw4(15- IIIIIIIII IIII IIIII IIIIIII IIIIIIIIII I II IIII I III 9590 9403 0119 5077 8033 98 7015 0640 0002 2839 PS Form 3811, Ap7n12015 PSN 7530-02-000-90M Adeddivery 6dwmm❑ Agenti?U�yW� dreas tram Rem If YES, enter delivery address below; 0 No DCM WILMING ON, NC JAN 112013, 3. Service Type ❑Adult signature ❑ Ai o^tY Mail EpressO ❑ Adult Signature Restricted Del' n'eY 71 Registered Maip° Registered Mal Restncted ❑ Certified Mail® ❑ certified Mail Restricted Delivery Delivery for ❑ Collect on Delivery Marchandiseipt ❑ COIIeCI on Delivery Restricted Delivery ❑ Signature Confirmationm '"•' "sil ❑ Signature Conf—Iftlon 4731 i Restricted Delivery RasMcted Delivery Domestic Return Receipt k-- ROY COOPER Governor MICHAEL. S. REGAN Secretary Coastal Management ENVIRONMENTAL QUALITY January 11, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo in New Hanover County: • Susan Hale & Laurel Brooks • Dennis Duke Hello Angie: Please publish the attached Notice in the Monday, January 15, 2018 issue. BRAXTON DAVIS Dimaor 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. cc: Sincerely, A�4�Shaun K. Simpson Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Liz Hair - USACE Sarah Young- DCM RECEIVED JAN 17 2018 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-7964215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits to construct docking facilities and perform dredging in Areas of Environmental Concern adjacent to the AIWW, in Wilmington, New Hanover County as designated under the CAMA: On December 29, 2017 by Susan Hale & Laurel Brooks at 221 Summer Rest Road, and on January 8, 2018 by Dennis Duke at 1330 Final Landing Road Copies of these applications can be examined or copied at the office of Courtney Spears, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) 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 February S, 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 JAN 17 2018 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Em., Wilmington, NC 29405 910-796-7215 ITr Name of Property Owner Requesbng Penny Susan 8 Hate a Laurel B Brooks Ong Address Phone Number UnaM Address. Rocky Point. NC 28457 910-81"332 b 919-3W-WS1 travi r► iQaot tarn 6 taac61197Gw1 tin I CWldy that 1 have authorized Land Management Group. Inc Awry I C*rtvct x to act on my behatl, for the purpose Oj appf"rtg for end obtaining all CAMA oermrts at rrty property located at 221 Statxner Rest Road in New Hanover I hoVwm)om csr* OW t am sahonzed to grant and do in fact grant pemr,ssK>n to Orvr&on a Coastal Mav>egement stall, the Local Permit Orrrcef and the+r agents to "r on do &fbmrTwnWn*d Lands in connection wrM evaluating rnfommtK�n related to ttxs perawf applcatiorn. �SUS ^ 3 Ya 1 VIM. aTypeNo0 Too /u�.r,�Zy t �0�•7 oar The owskalion a valid Rough 131 t2018 RECEIVED JAN 117 2018 �CM- '[1�ht1rHU!WGYON, NC , 2012043977 FOR REGISTRATION REGISTER OF DEEDS NEY IWWOVERGCOUNrY, EaC 2012 DEC 18 03 25 59 PM 8K 5691 PG 136-12M FEE $26 00 Alpffii 1201407 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax $ -0- Parcel Identifier Nos.. R05714-003-003-000 and R05714-003-012-000 Mail/Box to: Franklin E. Martin, Smith Moore Leatherweod LLP, 300 North Third Street, Suite 301, Wilmington, NC 28401 This instrument was prepared WITHOUT TITLE EXAMINATION by Franklin E. Martin, Smith Moore Leatherwood LLP, 300 North Third Street, Suite 301, Wilmington, NC 28401 Brief description for the Index 183 acres and 0.78 acres THIS DEED made this 1779 day of TiEGEm6tR. . 2012 by and between GRANTOR Bowden Nursing Home, Inc., a North Carolina corporation PO Box 348 Rocky Point, NC 28457 Doi ,1 age Susan Bowden Hale and Laurel Bowden Brooks as tenants-m-common PO Box 348 Rocky Point, NC 28457 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantees, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantees in fee simple as equal tenants in common all those certain tracts or parcels of land situated in the City of Wilmington, New Hanover County, North Carolina and more particularly described on Exhibit "A" attached hereto WILMINGTDN 492251 DRAFT 7117/12 4 56 FM RECEIVED JAN 17 2018 RECEIVED DCM- MHD CITY DCM WILMINGTON, NC All or a portion of the property herein conveyed ( ) includes or (X) does not include the primary residence of a Grantor. The property hereinabove described was acquired by Grantor by instrument recorded in Book 794, Page 276, New Hanover County Registry. A map showing the above described property is recorded in Plat Book 10, Page 1. TO HAVE AND TO HOLD the aforesaid tracts or parcels of real estate and all privileges and appurtenances thereto belonging to the Grantees in fee simple as equal tenants in common And the Grantor covenants with the Grantees that Grantor is seized ofthe premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions Title to the property hereinabove described is subject to the following exceptions: Ad valorem taxes for 2012 and subsequent years, Utilities easements and restrictive covenants of record; and All applicable zoning and land use ordinances, statutes and regulations IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed the day and year first above written. Bowden Nursing Home, Inc , a North Carolina corporation By: a lLir_ 9 -10�a Susan B. Hale, President STATE OF NORTH CAROLINA: COUNTY OF NEW HANOVER I, the undersigned Notary Public of the County and State aforesaid, certify that Susan B. Hale personally came before me this day and acknowledged that she is President of Bowden Nursing Home, Inc , a North Carolina corporation, and that she, as President, being authorized to do so, executed the foregoing on behalf of the corporation Witness my hand and official seal, this the 170 day of :k401" 2012. NOTARY ' PUBLIC ?� Gy (,, wUM , 436 PM ''�iirltlltia Notary bltc 9 Type/Print Name e My Commission clq e c !! ii GG lr RECEIVED JAN 17 2018 DCM WILMINGTON, NO DEC 2 9 2017 DCM- MHD CITY EXHIBIT "A" TRACT ONE - BEGINNING at an iron pipe marking the intersection of the western right-of-way line of Summer Rest Road (40-foot right-of-way) and the northern right-of-way line of Blue Avenue (33-foot right-of-way) as shown on the map referenced herembelow, and running thence from said beginning point along and with the western right-of-way line of Summer Rest Road North 68 degrees 25 minutes 00 seconds East a distance of 5100 feet, more or less, to an iron pipe in said right-of-way, thence continuing along and with the western nght-of-way line of Summer Rest Road North 21 degrees 52 minutes 53 seconds East a distance of 141.22 feet, more or less, to an iron pipe in said right-of-way; thence, leaving said right-of-way, North 53 degrees 06 minutes 51 seconds West a distance of 494 69 feet, more or less, to an iron pipe in the eastern right-of-way line of Summer Haven Avenue (33-foot right-of-way); thence along and with the eastern right- of-way of Summer Haven Avenue South 37 degrees 00 minutes 07 seconds West a distance of 130.00 feet, more or less, to an iron pipe in the intersection of the eastern nght-of-way line of Summer Haven Avenue and the northern right-of-way line of Blue Avenue; thence along and with the northern right-of-way line of Blue Avenue South 47 degrees 28 minutes 18 seconds East a distance of 507.30 feet, more or less, to the point and place of BEGINNING; and containing 1.83 acres, more or less, TRACT TWO BEGINNING at an iron pipe marking the intersection of the eastern nght-of-way line of Summer Rest Road (40-foot right -of -say) and the centerline of the abandoned portion of Blue Avenue lying east of Summer Rest Road as shown on the map referenced herembelow, and running thence from said beginning point along and with the eastern right-of-way line of Summer Rest Road North 68 degrees 03 minutes 12 seconds east a distance of 22 25 feet, more or less, to an iron pipe, thence continuing along and with the eastern right-of-way line of Summer Rest Road North 68 degrees 19 minutes 26 seconds East a distance of 45 00 feet, more or less, to a point in said right-of-way line; thence continuing along and with the eastern right-of-way line of Summer Rest Road North 21 degrees 52 minutes 49 seconds East a distance of 12 36 feet, more or less, to an iron pipe in said right-of-way line, thence continuing along and with the eastern right-of-way line of Summer Rest Road North 21 degrees 52 minutes 49 seconds East a distance of 134.91 feet, more or less, to an iron pipe in said nght-of-way line, thence South 52 degrees 22 minutes 30 seconds East a distance of 193.56 feet, more or less, to an iron pipe marking the approximate high water line of the Intracoastal Waterway, thence South 52 degrees 22 minutes 30 seconds East a distance of 289 00 feet, more or less, to a point, thence South 42 degrees 31 minutes 56 seconds West a distance of 240 20 feet, more or less, to a point; thence North 47 degrees 24 minutes 12 seconds West a distance of 325.37 feet, more or less, to an iron pipe in the approximate high water line of the Intracoastal Waterway, thence North 47 degrees 24 minutes 12 seconds West a distance of 132 64 feet, more or less, to the point and place of BEGINNING, and cot e E �0 7 I acres, es D WILMINOTON 496371 JAN 17 2018 RECEIVED DCM WILMINGTON, NC DCM- MHD CITIYEC 2 9 2017 more or less, above and west of the approximate high water line of the Intracoastal Waterway The above -described tracts or parcels of real estate are as shown on the Property Sketch for Bowden Nursing Home, Inc prepared by Daniel H Thompson, PLS, Thompson Surveying Co. (Firm License No. C-0235, to which sketch reference is made for a more particular description of same tracts or parcels of real estate Being the same property conveyed by Dovie P Bowden, Widow, to Bowden Nursing Home, Inc. by Warranty Deed recorded July 28, 1966 in Book 794 at Page 276, New Hanover County Registry See also deeds recorded in Book 671 at Page 23 and in Book 411 at Page 369, New Hanover County Registry RECEIVED JAN 17 2018 WILMINGTON 4%37 1 RECEIVED ACM- MHD CITWcmWMAINGTON,NC TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 .................................... ................... ..... ......... ...... ......... ......... 0............ ..,..,.,...... Filed For Registration: Book: Document No.. Recorder: 1211812012 03:25:59 PM RE 5697 Page: 1256-1260 2012043977 5 PGS $26.00 WARD, LIESEL State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2012043977* 2012043977 RECEIVED DCM WILMINGTON, NC OEC 9 9 2017 NORTH CAROLINA NEW HANOVER COUNTY 600-1.085 PA(E M •.9mlae4 10 nmo! -Zrdw sf,Z„ 1974 at Ream4w Is look i, Pep Low G iwRq, Rybtra New Hsmvw Co, N. C. WARRANTY DEED S THIS DEED, made this 17th day of December, 1976, by and between W. S. R. Beane and wife, Eleanor W. Beane, of New Hanover County, North Carolina, herein, whether one or more, called GRANTORS, and Eleanor W. Beane, as Life Tenant, and Agnes H. Beane, as remainderman, of New Hanover County, North Carolina, herein, whether one or more, called GRANTEES. W I T N E S S E T H T H A T: _ _ _ _ _ _ _ _ _ _ The GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to them in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto Eleanor W. Beane for her natural life, and at the death of Eleanor W. Beane, unto Agnes R. Beane, and her heirs, successors and assigns forever, in fee simple,all that certain real property located in New Hanover County, North Carolina, described as follows: TRACT ONE: ATS- a land and interest conveyed or intended to be conveyed by J. 0. Carr, Commissioner, et al, to Frank E. Beane, Jr., by deed dated August 12, 1929, and recorded on August 21, 1929, in Book 207 at Page 144 of the New Hanover County Registry, being particularly described as follows: BEGINNING at a stone in the northwestern edge of Wrights- ville Sound where the line dividing the Wright Estate from the property formerly awned by H. W. Divine inter- sects at said Northwestern line of said Sound, said Beginning point being near the Southeastern edge of State Highway No. 20, and at the edge of the mainland, RE and runs thence North 48 degrees 50 minutes West with IVE D the line of the H. W. Divine property 485 feet to a stone; thence North 44 degrees 10 minutes West con- tinuing with the Divine line 1,400 feet to a tall 7 2018 concrete post in the run of a branch, a corner of the Pembroke Jones land; thence down the run of said branch �f+pp�� the following general courses and distances: South 59 CM - D degrees 50 minutes West 359 feet; thence South 29 CITY degrees West 183 feet; thence South 40 degrees 20 minutes West 92 feet; thence South 70 degrees 20 minutes RECEIVED DCM WILMINGTON, W4685 PQ 320 West 78.5 feet; thence South 77 degrees 10 minutes West about 150 feet to the Southern edge of Highway No. 20, in the Pembroke Jones line; thence leaving said branch and running along the said Southern edge ;.,f the said Highway No. 20, South 40 degrees 50 minutes East 673 feet; thence continuing along the Southern edge of said Highway No. 20 South 45 degrees 5 minutes East 800 feett thence continued along the Southern edge of State Highway No. 20, and the Empie and Marion Wright lines 600 feet; thence continued with the said Espie and Marion Wright line South 49 degrees East to the edge or margin of the Sound; thence Northeaetwardly along the edge or margin of the Sound and the line of the John R. London grant of date May 12, 1817, to the First Station, excepting, however, that part of Highway No. 20, lying within the above description and the right of way therefor. TRACT TWO: A t e and and interest therein conveyed or intended to be conveyed by Shore Acres Company to Frank E. Beane, Jr., by deed dated August 17, 1929, and recorded on August 21, 1929, in Book 207 at Page 143 at the New Hanover County Registry, said land being particularly described as follows: BEGINNING at a stone in the Northwestern edge of Wrights- ville Sound where the line dividing the property of the Wright Estate from the property formerly owned by M. W. Divine intersects the said Northwestern line of said Sound, said Beginning point being near the Southeastern edge of State Highway No. 20, and at the edge of the mainland, and runs thence from the Beginning about South 45 degrees 50 minutes East, or a true projection Eastwardly with the dividing line between the above mentioned Wright property and the Divine property, to the channel of the Inland Waterway proposed for construc- tion by the United States Government in Wrightsville Sound, as at present conveyed; thence Southwestwardly with the channel of the said Inland Waterway about 900 feet to a point in the said Inland Waterway channel where the southern line of Highway No. 20, if extended before marking curve, South 49 degrees East would intersect said channel; thence about North 49 degrees West with extension of said Southern line of said Highway to the Northwestern edge or margin of said Wrightsville Sound; thence Northeastwardly along the Northwestern edge or margin of said Sound, and along the mainland thereof, down the dividing line between the John R. London grant, lying in the Sound and the W. A. Wright estate, on the mainland, to the point of Beginning, the same being all that land lying and being between the present holders of the Wright Estate on�/'+ Wrightsville Sound and the Inland Waterway as proposed, C excepting from the operation of this deed any such title to any and such portions of the above described JA N 1 tract as is or to be transferred to the United States Government or the State of North Carolina, to be used for the purpose of said Inland Waterway; the same beingrr�� pppp a part of the land described in a grant from the State DC M- [Vi of North Carolina to John R. London of date May 12, 1817, recorded in Book 131 at Page 139 of the office of the Secretary of State of North Carolina, and likewise described in a deed from State Board of Education to F. a:. '� 'ii_MIINGTON, NC - -2- m%1085 PME 321 A. Mathes, of date December 19, 1923, and recorded in Book 150 at Page 185 of the office of the Register of Dead* of New Hanover County. And in the event the said proposed Waterway, aB,now surveyed and located, should before completion of construction thereof, be moved further Southeastwardly, then this description shall be enlarged so as to convey the marshland lying between the present location and the changed location, provided the Waterway is not saved a distance of more than 1,000 feet farther Southeastwardly from its present location; and under no condition shall the enlargement of this description include an additional strip extending more than 1,000 feet Southeastwardly from the present center- line of the Waterway. TRACT THREE: AT1 t& wand and interest therein conveyed or intended to be conveyed by Shore Acres Company to Frank E. Beane, Jr., by deed dated August 24, 1934, and recorded on August 24, 1934, in Book 241 at Page 413 of the New Hanover County Registry, and being more particularly described as follows: BEGINNING at a stone marked F.E.B. in the Northwestern edge of Wrightsville Sound, where the line dividing the Frank E. Beane, Jr.'s property from that formerly owned by W. W. Divine intersects at said northwestern line or margin of said sound, said stone being near the South- eastern edge of State Highway No. 20, and at the edge of the mainland, and runs thence from the beginning South 48 degrees 50 minutes East, a true projection Eastwardly with the dividing line between the above mentioned Frank E. Beane, Jr.'s property and the Divine property, to the center of channel of the IntraCoastal Waterway; thence South 56 degrees 30 minutes East (crossing at 1,000 feet right-of-way of the IntraCoastal Waterway) to a point 1,500 feet from said beginning stone, marked F.E.B. above referred to; thence at right angles to the last mentioned line South 33 degrees and 30 minutes West about 1,000 feet to a point where Frank E. Beane, Jr.'s Southwestern line (before beginning of curve in highway) if extended in a Southeasterly direc- tion would intersect said line; thence with the said Southeasterly extension of Frank £. Beane, Jr.'s South- western line North 46 degrees West about 1,800 feet to a stone marked F.E.B. at the Northwestern edge or margin of Wrightsville Sound; thence Northeastwardly along the Northwestern edge or margin of said Sound, and along the mainland thereof, down the dividing line between the John R. London grant, lying on the Sound, and the Frank E. Beane, Jr. property on the mainland 909 feet to the point of beginning, containing thirty three (33) acres more or less. Excepting from the operation of this deed the perpetual easement and right-of-way of the Intracoastal Waterway and all rights of United States Government and State of North Carolina. Also excepting about ten (10) acres of the above described thirty three (33) acres of marshland that was deeded to Frank E. Beane, Jr., in August, 1929. RECEIVED JAN 17 2018 RECEI _ DCM WILMIN ON, NC -3 DCM- MHD CITY i)EC 2 9 7 .,> moe1085 Ra 322 TRACT FOUR: A the and and interest therein conveyed or intended to be conveyed by Shore Acres Company to Frank E. Beane, Jr., by deed dated July 30, 1935, recorded on July 30, 1935, in Book 249 at Page 359 of the New Hanover County Registry, and being more particularly described as follows: BEGINNING at a stone marked F.E.B. in the Northwestern edge of Wrightsville Sound, where the line dividing the Frank E. Beane, Jr. property from that formerly owned by M. W. Divine intersects the said Northwestern line or margin of said Sound, said stone being near the Southeastern edge of State Highway No. 20, and at the edge of the mainland, and runs thence from the Beginning South 4B degrees 50 minutes East, a true projection Eastwardly with the dividing line between the above mentioned F.E.B., Jr.'s property and the Divine property, to the center of the channel of the IntraCoastal Waterway, thence South 56 degrees 30 minutes East (crossing the 1,000 foot right-of-way of the IntraCoastal Waterway) to a point 2,700 feet from said beginning stone marked F.E.B. above referred to; thence at right angles to the last mentioned line South 33 degrees and 30 minutes West about 1,250 feet to a point where F.E.B., Jr.'s Southwestern line (before beginning of curve in highway) if extended in a Southeasterly direc- tion would intersect said line; thence with the said Southeasterly extension of F.E.B., Jr.'s Southwestern line North 46 degrees West about 3,000 feet to a stone marked F.E.B. at the Northwestern edge or margin of Wrightsville Sound; thence Northeastwardly along the Northwestern edge or margin of said Sound, and along the mainland thereof, down the dividing line between the John R. London grant, lying in the Sound, and the Frank E. Beane, Jr., property on the mainland 909 feet to the point of Beginning, containing sixty three (63) acres more or less. Excepting from the operation of this deed the perpetual easement and right-of-way of the Intracoastal Waterway, and all rights of the United States Government and State of North Carolina. Also excepting about ten (10) acres of the above described sixty three (63) acres of marshland that was deeded to Frank E. Beane, Jr. in August, 1929, and twenty three (23) acres of marshland that was deeded to Frank E. Beane, Jr., in August, 19 34 . TO HAVE AND TO HOLD the above granted and described Property, together with all and singular, the rights, privi- leges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said Eleanor W. Beane for her natural life, and at the death of Eleanor W. Beane, unto Agnes R. Beane, her heirs, successors and assigns, in fee simple, forever. RECEIVED JAN 17 2018 RECEIVED DCM WILMINGTON, NC -4-DCM- MHD CITY "KiO85 FA(f 323 And the GRANTORS, for themselves, their heirs, executors and administrators, do covenant to and with the said GRANTEES, their heirs, successors and assigns, that they are seised in fee of the above granted and described property; that they have good right to sell and convey the same in fee simpler that the same is free and clear from any and all restrictions, easements or encumbrances, except those mentioned above; and that they will and their heirs, executors, administrators and successors shall warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, the said GRANTORS have hereunto set their hands and seals as of the day and year first above written. (SEAL) W. S. R. Beane h G-. (SEAL) E eanoY'1. can NORTH CAROLINA NEW HANOVER COUNTY I, f_. a Notary public in and for the State an County a otesa d, do certify that W. S. R. Beane and wife, Eleanor W. Beane, personally appeate� before me this day and acknowledged the due execution 61- t foregoing warranty deed. r'• i"• 1 WITNESS my hand and official seal this( ay'. December, 1976. A _ _ - ^r.•__,1 Qi, My camsission expires: P4 /;; NORTH CAROLINA NEW HANOVER COUNTY The foregoing certificate of kS�EL��L�Q Notary public, is certified to be corn t C E I V C D JAN 17 2018 -5- DCM- MHD CITY^Awc ON,Nd , 9 201,7, wr1085 PACE 324 Thia ' ( day, of�DZ'10? ,19X A CREOISTE&NOVU COUNTY N, th PiPrepared by: NURNISON.�roa t NiWngt0m, North Carolina 28701fth Avenue, Received and Recorded December 28, 110-976 . Re aster Or Deed�� 9 ' RECEIVED JAN 17 2018 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC. Ji=C �'> 2017 Spears, Courtney From: Greg Finch <gfinch@lmgroup.net> Sent: Wednesday, January 03, 2018 9:51 AM To: Spears, Courtney Subject: [External] FW: Spoil Island Disposal Permission Hi Courtney, For the Summer Rest Road Project. Please see email string and Michael Bostic's response below in regards to use of DA - 248 and USAGE permission to cross their right of way. I interpret his comment as documentation is on file with the USACE; since they are a commenting agency will this suffice for the CAMA permit? Thanks, Greg Finch I Environmental Scientist Direct: 452-0001 x 1928 1 Cell: 910-470-4734 1 Fax: 910-452-0060 Email: Rfinch@lmaroup.net Land Management Group, Inc. 1 Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net From: Michael Bostic [mailto:oakpointfarmsmb@yahoo.com] Sent: Tuesday, January 2, 2018 10:14 AM To: Greg Finch <gfinch@lmgroup.net> Subject: Re: Spoil Island Disposal Permission Good Morning. We have documentation on file with the powers that be about access. If there are any questions. Please have them give me a call. Thanks, Michael Bostic Property Manager 910-233-5305 On Friday, December 22, 2017 8:34 AM, Greg Finch <afmchCDimgrouo.net> wrote: Mr. Bostic, DCM has requested that we provide any documentation from the USACE that grants permission to cross their right of way to access Mrs. Beane's property. The USACE will review the application once submitted but anything we can provide in writing would be helpful. RECEIVED Thanks, JAN 17 2018 Greg Finch I Environmental Scientist Direct: 452-0001 x 1928 1 Cell: 910-470-4734 1 Fax: 910-452-0060 DCM- MHD CITY Email: gfinch(calmgroup.net Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net From: Greg Finch Sent: Monday,,December 18, 2017 11:44 AM To: Michael Bostic (oakpointfarmsmb(dyahoo.coml <oakpointfarmsmbayahoo.corn Subject: Spoil Island Disposal Permission, Mr. Bostic, Please see the attached for review and approval/signature as discussed. This is for the project we are permitting at 221 Summer Rest Road. We have shown the attached plan to Tom Wafters and he confirmed the dredge'spoil placement location. Let me know if you need anything in addition to grant use of the property or have any comments. Thank you, Greg Finch I Environmental Scientist Direct: 452=0001 x 1928 1 Cell: 910-470-4734 1 Fax: 910-452-0060 Email: gfinchR_lmgroup.net Land Management Group, Jnc. [Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.1mgroup.net 0 Virus -free. www.avq.com 2 LMG LAND MANAGEMENT GROUP isc. Environmental Consalranre December 27, 2017 Courtney Spears North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Courtney, Please find enclosed an Application for Major Development and $400 fee check for the 221 Summer Rest Road project in Wilmington, New Hanover County. Adjacent riparian land owner notifications have been sent by certified mail, return receipts will be forwarded once received. Please let me know if you have questions or need anything in addition to accept the application as complete. Sincerely, Greg Finch Land Management Group, Inc. Enclosures: As stated Cc: Susan Hale and Laurel Brooks RECEIVED JAN 17 2018 DCM- MHD CITY RECEIVED www.imgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DEC 2 9 2017 NCDEQ WILMINGTON RO Application for CAMA Major Development Permit For: 221 Summer Rest Road Wilmington, New Hanover County, North Carolina Prepared By: Land Management Group, Inc. 3805 Wrightsville Avenue RECEIVED Wilmington, North Carolina JAN 17 2018 December 2017 DCM- MHD CITY RECEIVED DEC 2 9 Z017 NGDEO WILMINGTON RO Contents 1. Form DCM-MP-1...................................................................................................................................1 2. Form DCM MP-2...................................................................................................................................5 3. Form DCM MP-4...................................................................................................................................7 4. DCM MP-1 Section 6.0 Additional Information.................................................................................. it 4.1 Section 6. a. Project Narrative....................................................................................................11 4.1.1 Project Location and Existing Conditions............................................................................11 4.1.2 Proposed Action..................................................................................................................11 Appendices Appendix A -Site Location Map and Work Plats Appendix B-Deed, Agent Authorization and Adjacent Riparian Owner Notifications Appendix C-Spoil Disposal Location RECEIVED JAN 17 2018 DCM- FVIHD CITY RECEIVED Application for Major Development Permit — December 2017 DEC 2 9 2017 221 Summer Rest Road Wilmington, New Hanover County, North Carolina NCDEG WILMINGTON RO NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIW W Fee: $400 #49259 CDAITS _ MHC cc Applicant: Susan B. Hale & Laurel B. Brooks AgentlContractor: LMG clo Greg Finch Project Site County: New Hanover Staff: Courtney Spears District: Wilmington Project Name: 10-slip docking facility Rover File: Na River Basin: Cape Fear Initial date of application submittal: 12-29-17 Date application "received as complete" in the Field office: SITE DESCRIPTIO /PERMIT INFORM TION DC M- M H D CITY ORW: Yes To I PNA: Yes o Photos Taken: Yes No❑ Setback Required (riparian): Yes T6 Critical Habitat: ❑Yes ❑No Mot Sure 15 foot waiver obtained: ❑Yes o Hazard o ' cation Returned: ❑Yes RNO SAV: ❑Yes ONO of Sure Shell Bottom: ❑Yes LINO Not Temporary Impacts: as ❑No Sure Sandbags: ❑Yes o ❑ Not Sure Did the land use qlasVication come Mitigation Required (optional): from county LUPs ❑No ❑Yes []NoMorator um Conditions: Environment I A,os''' essment Done: Length of Shoreline: []Yes❑Now NA 2V*2 ❑Yes ❑No A Shellfish Area nation: Project Description: (code) Development Area: (code) Open -or Closed SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina C3 (SY) Salt reed grass (Spartina alterniflora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus El (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 cre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major V Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - Il. Public or commercial/no dredge $100 . and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 El III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 Susan Hale B Laurel Brooks Date: 12-29-17 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 t Dimension 2 Dimension 3 Dimension 4 One. One ((�� I New Wo Replace eN lam, Maint ❑ ❑ Y New Work 17, Repla Maint ❑ ❑ Y JN N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace -Maint ❑ ❑ Y ❑ N New Work ❑ Replace. .. .. ..... _.. ._ .... .. .. _... .. Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) ternimpacts) amount CDredge ❑ Fill ❑ Both ❑ Other 01 o V V V Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill Both ❑ Other ❑ D 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.nccoastalmanaaement.net revised: 10/12/06 Rktu j gw�� MAJOR PERMIT FEE SCHEDULE 49 zGq Development Type Fee DCM % DWR 14300160143510009316256253 2430016024361000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $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 and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: 111(A). Private, non-commercial development, if General Water Quality Certification No. 4097 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 4097 S,-re atta3hed) can beapplied: $400 1 100% ($400) III(C). If General Water Quality Certification No. 4097 (see attached) could be applied, but DCM staff determined that additional review and' written DWR concurrence is needed because of concerns related to water qualityor aquatic life: 60% $240 40% $160 III(D). If General Water Quality Certification No. 4097 see attached cannot be a lied: $40 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 �vI ■ Complete Items 1, 2, and 3. A. Slgnatu,[� ■ Print your name and address on the reverse X /`' " ❑Agent 44 so that we can return the card to you. M Addresses ■ Attach this card to the back of the mailplece, e Delivery or on the front If space permits. -76 17 1. Arfide Addressed to: D. Is delivery address from Item iT Yes br 1 ` N YES, enter tj l! ry ddrsss bake : ❑ No 3U3 5 ur�.^ncr L4 Rol IIIIIII� IIU IIIII IUIIII iIIINIII iI II III II Bl Sigraixoe ❑❑ � Aeeanae Resaicted Dlvery iority PrMali EKMUS C olagsereo Ma^ C Registered Mail Resticed 9590 9403 0119 5077 $034 04 -10 o c�ll a M Rem ed Delivery Delivery ❑ R m Rapt for ❑ Coiled on UNWary 2. Article Number (rmnsfer from service lebeJl I ❑ Coiled on Delivery Restricted Delivery El Signa[we CmIlmletlonTM ° nature my eon 7015 0640 0002 2839 4748 lestrided oeuvery RmtO a eli Dolivery PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ 00T* s itemA , 2, and 3. A ■ Print your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the back of the mailpiece, 6. or on the front If space permits. 1. Article Addressed to: or SutMl,r R JQASSac. ❑ Agent Is delivery address drtrererit from item T Yes If YES, enter delivery address below: ❑ No 3. Service 'M� Ilillllllllilllll(IIIIIIIIIIIIIIIIIIiliilllll ❑ Adult Signature ❑ Reitatereo M 1— o� ad ❑ C tiled Mail® Dalrvary 9590 9403 0119 5077 8033 98 ❑ Cartilied Mall Restricted Delivery ❑ P purr �dmrrt for El Coiled on Dear, 2. Araole Number M n9fer fMM service label) ❑ Collect on Dau Restricted Delivery ❑ Signanre Garb ation' n ,...._,e rani ❑ sigridure Conflmm6o0 7015 0640 0002 2839 4731 I Restrldea Delivery Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt RECEIVED DCNI WILMINGTON, NC JAN 2 5 2018 Date Date Check From Name of Vendor Check Check Permit Number NOTES Received Deposit (Name) Permit Holder Number amount ed 1/8/2018 Land Susan Hale & First Bank 49259 $400.00 major fee, 221 Summer CS rct. Management Laurel Brooks Rest Rd., Wilm NHC 5463D Group SPLIT $240/$160 a W U o N _% UJ z X r>_ a � L1J O � Dispo �6 tit rM 1 9 ` T jog 00 s� r x' Tax Parcel Boundary Legend «- C E IVE PRELIMINARY LAYOUT FOR ENVIRONMENTAL -- -- -- -- — NOTES: Approximate Coastal Wetland Line - - - - - - - - - 1. TAX PARCELS FROM NHC GIS. 17 2018 Dale: 2. 2016 AERIAL FROM NCONEMAP. JAN Summer Rest Roatl 12 29/» 3. NOT A SURVEYED OR ENGINEERED DRAWIry�� LV DV NnGEM 9 GROUP- 7 B UCM— MHD CETY — E,;, ,n w.,Con,e,renr, Tine: — =2�' �100 200 400 wilming1w Norm CamIPtofficewx,fi 28402 SPOIL DISPOSAL AREA Drawn By: GSF Telephe: 910452-0001 on Hwy 17\-J Hwy 74 Disposal Hwy 76 ✓ Site N4 9 2017 Or 02-17-279 nher: 1 Of 1 M Tax Parcel Boundary -- -- -- -- — Approximate Coastal Wetland Line - - - - - - - - - Approximate NHW Line - - - - - - - S�MM��R - HIGHWAY 74 •0 BOAT OWNERS ASSOC 224 SUMMER REST RD WILMINGTON, NC 28405 PROPOSED DREDGING BO (EASTWOOD ROAD) NOTES: RECEIVED 1. TAX PARCELS FROM NHC GIS. 2. 2016 AERIAL FROM NCONEMAP. JAN 17 2018 3. NOT A SURVEYED OR ENGINEERED DRAWING. DCM- MH4C.T G, WILLIAM H JR GAIL F 303 SUMMER REST RD WILMINGTON, NC 28411 PRELIMINARY LAYOUT SUBJECT TAX PARCEL (221 SUMMER REST ROAD) LMG LAND MANAGEMENT GROUP nr Environmental Consultants Post Office Box 2522 PROPOSED 10-SLIP DOCKING FACILITY (FIXED PIER WITH LIFTS) Hwy 17\-J Hwy 74 Hwy 76 Pier ne RECEIVED DCM WILMINGTON, OEC 2 r' 2g17 FOR ENVIRONMENTAL PERMITTING ONLY Summer Rest Road 1229/17 NA Scale: Job Number: 1'=100' 02-17-279 Plan View Drawn By: Sheet Number: Detail GSF 1 of 4 f4`ti W1 �% \ \ Proposed Fixed Pier \ Outer Edge of Marsh Existing Adjacent Pier Tax Parcel Boundary -- -- -- -- — Approximate Coastal Wetland Line - - - - - - - - - Approximate NHW Line - - - - - - - Dredging Limits r----------i (Cut to -4 MLW) L--------- J 27 176 NOTES: /r— 1. WATER DEPTHS TAKEN BY LMG ON 10/27/17 AND AR IN � 2. WATER DEPTHS ARE RELATIVE TO MLW. 3. LENGTH OF SHORELINE AT NHW IS 283 FEET. AN 17 4. TAX PARCELS FROM NHC GIS. 5. 2016 AERIAL FROM NCONEMAP. 6. NOT A SURVEYED OR ENGINEERED DRAWING. DC M- M V, 2 ,TYx Existing Adjacent Pier Existing Pier Head z s 4 Water Bo yWidth -4 � -6 7 aCC� oc 54 / J' 15 Proposed Dredging B (-144 MLW) PRELIMINARY LAYOUT LMG LAND NANAGEAffiNi GROUP mc. Emitonmenml Consultants Post Office Box 2522 ndary ine RECEIVED DCM WILMINGTON, DEC 2 9 2017, FOR ENVIRONMENTAL PERMITTING ONLY 12/29/17 NA Summer Rest Road Scale: Job Number: 1'=50- 02-17-279 Plan View Detail Drawn By Sheet Number. GSF 2ot4 ♦r --, r !1 v t Y/ � t CC)i jl ta. / fq�346 1 AAk Nb - Avid - ------ } L M7 •- - ------ ----------------- ------------- - - - - - - lannn�orrl�r 1 a 0 6 10 zo A Coastal Wetland Line NHW Line 10 8 67Contractor 3' Min. 4 MHw -t 2 3 02 i i -4 i 0+00 0+10 0+20 0+30 0+40 0+50 0+60 IIn 0+7o n n 0+80 0+90 I n n 1+60 1+10 I n 1+2o 1+30 0 0 Outer Edge of Marsh Assume J 3:1 Slope Dredge C A to -4 MLW Approxim t Existing Grade ------- --------------------- --------------------------------------- I n InI n I�II � 2+80 1+3p 1+40 1+60 1+60 1+7o 1+80 1+60 two 2+10 2+20 2+30 2+40 2+so 2� 2+70 0 0 14 Water Body Width �v Existing Pier Head Line USACE Navigation A' 10 8 6 Channel Setback MHW-4-- ilings per Cont 2 (Size, Spacing, De ) -2 RECEIVED -4 Approximate Existing Grade DCM WILMINGTON, NC 2+80 2+90 3+00 3+10 n 3+20 3+40 3+50 n 3-6 3+70 3+80 Dredge Cut Extends to -4 MLW at Time of Construction i) EC 2 9 2017 FOR ENVIRONMENTAL PERMITTING ONLY RECEIVED LMGSummer Pro ect Rest Road Da e: 12/29/17 12129/17 Review Date a eNA NA Seale Jab Number: JAN 17 2018 LAND MANAGPMENT GROUP iw. Environmental Consultants As Noted 02-17-279 Title: Drawn By: GSF Sheet Number: 3 of 4 Post Office Box 2522 Wilmington, Nadi Carolina 28402 Profile A Telephone: 910452-OMI on L\CAMA@017 CAMA FILEM02-17-279 -- Summer Rest Rd, Laural Bmons Susan Hale\Summer Hest Road ftg � ' FOR ENVIRONMENTAL PERMITTING ONLY I I - I I ' I8 8 • I I ' I I ' I 6' Wide Fixed Access Pier with Railings 10 8 24' x 4' Fixed Finger Pier 6 _ _ M_HW______________ ................... ........................................ 2 Dredle Cut to 4 MLW MLW _2 _67AAs.=eMd03;10 0+00 0+20 0+30 :1 Slope RECEIVED JAN 17 2018 DCM- MHD CITY 0+60 0+60 I 10 8 6 MHW 4 2 MW z -6 0+180 LMG I Summer Rest Road LAND MANAGEMENT GROUP w: Envbenmenml Consultants Tim' Post Office Box 2522 Profile B Imington, NOM Carolina 28402 Telephone: 910�82-0001 RECEIVED DCM WILMINGTON, NC 2 9 2.0171 Revision Dare: 12/29/17 NA Job Number: As Noted 02-17-279 Shee[ Number: GSF 4 of 4