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
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FROM;
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'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:
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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:
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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:
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D. Is delivery
If YES, en
❑ Agent
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C. Date of Delivery
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below: ❑ No
RECEIVED
DCM WILMINGTON, NC
IIIIIIIillllllllllllllllllllllllllllllllllllll
3.
❑Adu�"ice SgnatureRestrictedDelivery
❑R�Ia" M `Restricted
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❑ Retlum Receipt for
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❑ Collect on Delivery Merchandise
❑ Collect on Delivery Restricted Denvery ❑ Signature Confirmation^"
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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.
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DCM WILMING ON, NC
JAN 112013,
3. Service Type
❑Adult signature
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❑ Adult Signature Restricted Del' n'eY
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❑ certified Mail Restricted Delivery
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❑ COIIeCI on Delivery Restricted Delivery
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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.
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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
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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
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7015 0640 0002 2839
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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
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❑ Agent
Is delivery address drtrererit from item T Yes
If YES, enter delivery address below: ❑ No
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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
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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
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------
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-
- - - -
-
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