Loading...
HomeMy WebLinkAbout70-18 Register Place Estates HOATermit,Class Permit Number NEW 70-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for JL Major Development in an Area of Environmental Concern -- -- - --- -_-=-phrsndnftb_NCGS 1-13A-118-------- X Excavation and/or filling pursuant to NCGS 113-229 Issued to Register Place Estates HOA, 7301 Shell Midden Court, Wilmington NC 28411 Authorizing development in New Hanover County at AIWW and Middle Sound, 1834 Register Lane, Wilmington, as requested in the permittee's application dated 3/15/18, including attached workplan drawings (8), Figures 2, 3a, 3b, & 4-6 all dated 2/20/18, & Figures 7-8, both dated "Received DCM Wilmington 4/2/18". This permit, issued on July 10, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may oe suciect to rmes, imprisonment or ctvu action; or may cause the permit to be null ana void. 1) In accordance with the permittee's e-mail dated 7/5/18, the originally proposed riprap sill and marsh planting is hereby deleted from t'ltis permit, and any and all references to the sill and associated planting in the attached workplan drawings and/or application forms are hereby considered null and void. Marina Facility Reconstruction 2) - - In accordance with the permittee's e-mail dated 6/20/18, the originally proposed transient -floating - dock is hereby deleted from this permit, and any and all references to the transient dock in the attached workplan drawings and/or application forms are hereby considered null and void. 3) The marina facility reconstruction shall take place within the same footprint as the existing marina facility. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee 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. Braxton C vis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Place Estates HOA ADDITIONAL CONDITIONS Permit No. 70-18 Page 2 of 5 Unless specifically altered herein, this permit authorizes the docks, piers, platforms 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 reconstructed marina facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the rreconstructed marina facility. Any sewage discharge at the reconstructed marina 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. In order to ensure the prevention of a closure to waters that are open to the taking of shellfish, the permittee shall ensure that the following procedures are followed: a. The manna shall not allow the dockage of boats over 24 feet in length, and b. The marina shall not allow the dockage of boats with heads. C. The marina shall not allow the dockage of boats with cabins. The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the marina facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. 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. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third parry. 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. The reconstructed docks and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridors. This permit does not authorize an expansion in the number of formalized boat slips at the existing 26- slip facility. Excavation In order to protect juvenile fmfrsh resources, no excavation shall be permitted between April I and September 30 of any year without prior approval of the North Carolina Division of Coastal Management, in consultation with appropriate resource agencies. Register Place Estates HOA ADDITIONAL CONDITIONS Permit No. 70-18 Page 3 of 5 14) 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. 15) No vegetated wetlands shall be excavated or filled. or double handling of excavated materials=within waters or vegetated wetlands is not authorized. 17) 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. 18) No spoil material shall be placed within 30 feet of the normal high water line. 19) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 20) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Maintenance Clause 21) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work 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. Shoreline Stabilization - Riurap 22) The alignment of the riprap utilized to stabilize the peninsula shall not extend waterward from the toe of the existing riprap. 23) The alignment of the authorized riprap shall be staked by the permittee and approved on site by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by the permittee and approved onsite by DCM within a maximum of 30 days prior to the new expected start of construction. Place Estates HOA ADDITIONAL CONDITIONS Permit No. 70-18 Page 4 of 5 The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl or broken concrete. -The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. U.S. Army Corps of Engineers Conditions The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing 'construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, NC 28403-1343, email: SAWWeb- NAV@usace.army.mil. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or Obstructions caused thereby, without expense to the United States or the State of North Carolina. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/manimal,niauatee guidelines.Ddf. General 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. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Place Estates HOA ADDITIONAL CONDITIONS Permit No. 70-18 Page 5 of 5 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. E: The N.C. Division of Water Resources has authorized the proposed proJect under DWR Project No. 201870496v2, which was issued on 6/20/18. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-1999-00249. FE: 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. Coastal Management ENVIRONMENTAL QUALITY Register Place Estates HOA c/o Malcom Thaden 7301 Shell Midden Court Wilmington, NC 28411 Dear Mr. Thaden: July 11, 2018 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director T*V The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, "Br v /{— Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carohm I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 DocuSign W. 7A40 ROY COOPER MICHAEL S. REGAN Se etory S. JAY ZIMMERMAN D"clor NORTH CAROLINA Elvlromnw" Qaouty July 24, 2018 New Hanover County DWR Project: 2018-0496v3 Register Place Estates HOA Mr. Robb McClaskey 1716 Register Place Wilmington, NC 28411 Subject Property: Register Place Estates Marina Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. McClaskey, You have our approval, in accordance with the attached conditions and those listed below, to impact approximately 0.8 acres of open waters to perform maintenance dredging and to construct a riprap revetment as described in your application received by the N.C. Division of Water Resources (DWR) on April 5, 2018, within an email received on June 20, 2018 (removing the transient day dockage), and within an email received on July 24, 2018 (removing the marsh sill/living shoreline). 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: http://vortal.ncdenr.orvJweb/wg/swv/ws/401 /certsandl2ermits. This approval is for the purpose and design that you described in your application and within an email received on June 20, 2018 (removing the transient day dockage), and within an email received on July 24, 2018 (removing the marsh sill/living shoreline). 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 I-D E � IUL 2 4 2018 "'•�� OCM WILIVINGTp North Carolina Department of Environmental Quality Divislon of Water kesovices N, NC Wthnington Reglonal Office 1127 Cardinal Drive Extension I Wtimlrgton North Carolhu 28405 9101%.7215 t-Apu DocuSign Envelope ID: 6DFB1630-24C9-4203-8EC5-316FE7617A40 New Hanover County 2018-0496v3 Page 2 of 4 The Additional Conditions of the Certification are: 1: This -,approval is for the purpose. and design described in your application and within an email received on'June 20,+2018 (removing the transient day dockage), and within an email received. on July 24,' 2018 (removing the marsh sill/living shoreline). 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 02H .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)] 1< DocuSign Env 6DFB1630-24C9-42D3-8EC5-316FE7617A40 kt w 1 r. -Hanover County .018-04960 Page 3 of 4 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 to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H..0507(d)] 7. 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: ham://l)ortal.ncdenr.org/web/wq/swi)/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 PREeEEIVED JUL 2 4 2018 0CM WILMINGTON, NC North Carolina Department of Environmental CNailty I Division of Water Resources Witrntngton Regional Office 1 127 Cardinal Drive Extension I WBmington. North Carolina 28405 910.746.7215 DocuSign Envelope ID: 6DFB1630-24C9-42D3-8EC5-316FE7617A40 New Hanover County 2018-0496v3 Page 4 of 4 This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by 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 htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed 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). 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road 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. CobumAncdenr.sov. Sincerely, CDocuSlgned by:s W" EBABA74ACIDC4M_ Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Liz Hair - USACE Wilmington Regulatory Field Office (via email) Courtney Spears — DCM Wilmington (via email) ,.NorthCarognu bepartmemofEnvkoimfi a( - tk I Dfvi6lon ofWata fte"sourcea , Wllmingronk oriogT5e (mcardtWD^H.v.e,Cermnnsto_n I N71mi99m4NMhC=Ilna2840.5' DCM Coordinator:-A1 t Permit #: 70 —05 �W MAH.ING DISTRIFBM0N S1HET---- Permitee r¢c% FfOit 730( kidCL C Wi/6 l A � S Agents: sor., Me S _(-l/y . 2 5— DCMField ZSr(l� Offices -' 0 4-.0 4 !o.)— Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates; Pamlico, Pasquotank Washington) Tom Steffan (NC DOT- Beaufort; Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECitylWashington District) Wilmington: ler Craumbley (Brunswick, New Hanover) /Liz Hair (Carteret, Onslow, Ponder) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley i Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins StateProperty: Tim Walton i DEMLR(DWR: Karen Higgins . Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh401 Roger Thorpe-Stormwater Gamy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401(Carteret, Onslow, Ponder, New Hanover) /Chad Coburn — 401(Bnmswick) r /Georgette Scott - Stormwater Joanne Steenhuis - 401(NMOT-Brunswick, New Hanover, Onslow, Ponder) Wildlife Resources- Ma�ryia DunnOt lt� /� ANNL NeS�i.K �JowYbr� 'o Court Fax Distribution: Permittee #: Agent# LA DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Register Place HOA COUNTY: New Hanover PROJECT NAME: Marina Renovation, Expansion, Dredge & Riprop LOCATION OF PROJECT:1834 Register Lane (community access area), adjacent to the AIWW, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-15-18 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Courtney Spears DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: ,% zc B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 4-1-18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: Jr 1 a1Q ( Y MAIL OUT DATE: 3-29-18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $400 #1751 END OF NOTICE DATE: 4-22-18 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 4-22-18 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Division of Community Assistance Division of Coastal Management-LUP Consistency Public Water Section (DWR) Land Quality Section (DEMLR) Division of Water Resources - 401 Section Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Marine Fisheries - Shellfish Section Division of Highways (NCDOT) Wildlife Resources Commission Local Permit Officer Dept. of Cultural Res / Underwater Archaeology APR 0 12018 Division of Marine Fisheries - DCM Corps of Engineers - Regulatory Branch -H Recommendations for State Permit — Realster Place Estates HOA 3127118 The total square footage of the community marina was calculated as follows Shoreline length =660' x 27 ft2 = 17,820 ft2 allowable Covered Platform = 20' x 20' = 280 ft2 (6' not calculated for access) Floating Dock Landing = 5' x 25' = 125 ftz Floating Dock Spine = 8' x 185' = 1,480 ftz Finger piers (12) = 12(4.5' x 24') = 1,296 ftz Transient finger pier = 4.5' x 56' = 252 ft2 Total = 3,433 111:2 It is the staffs recommendation that the proposal to reconstruct and expand the existing community marina and perform maintenance excavation adjacent to the docking facility is CONSISTENT with the Rules of 15A NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15A NCAC 71-1.0207 (d) Use Standards for Public Trust Areas. It is staffs recommendation that the proposal to reconstruct and expand the existing community marina and perform maintenance excavation adjacent to the docking facility is CONSISTENT with the Rules of 15A NCAC 7H .0208 (b)(1) Specific Use Standards for navigation channels, canals, and boat basins. It is staffs recommendation that the proposal to reconstruct and expand the existing community marina and perform maintenance excavation adjacent to the docking facility is also CONSISTENT with 15A NCAC 07H .0208 (a) General Use Standards including those covering development in areas classified as Outstanding Resource Waters. This office supports any recommendation of New Hanover County relative to maintenance dredging in waters classified as ORW. It is staffs recommendation that the proposal is CONSISTENT with the Rules of 15A NCAC 7H .0208 (b)(5) Marinas, so long as no concerns are raised regarding shellfish closures relative to the proposed project. It is recommended that any permit issued be conditioned to prohibit formalized slips at the proposed transient dock and a condition to maintain restrictions on vessel size as required in State Permit No. 110-99. It is the staffs recommendation that the proposal to maintain and expand a riprap revetment along the peninsula common area is POTENTIALLY CONSISTENT with 15A NCAC 07H .1105 Specific Conditions for construction of riprap revetments. It appears there are areas of Coastal Wetlands within the proposed riprap area, and a significant area of Coastal Wetlands measuring 20' by 20' near the terminus of the peninsula, landward of the existing riprap. It is recommended that any permit issued should be conditioned to allow no filling of Coastal Wetlands and require a site visit to stake the alignment of the proposed riprap prior to the initiation of construction. It is the staffs recommendation that the proposal to construct a riprap sill and associated marsh plantings is POTENTIALLY CONSISTENT with 15A NCAC 7H .2705 Specific Conditions for the construction of riprap sills for wetland enhancement. Along the southern edge of the proposed sill it is 20' waterward of the wetland vegetation and along the northern edge it is 4' waterward of the wetland vegetation. The sill is located at the MLW contour, and based on the measurements from the Coastal Wetlands along the southern portion of the sill, the 5' limitation of condition 07H .2705 (c) would be exceeded for a portion of the sill. This may have a lesser impact since the area immediately adjacent to the southern edge of the sill is not open water, but rather would connect to the existing peninsula. Additionally, the sill will essentially block the connection from the "pond" area to the open water of Middle Sound, which may reduce connectivity for wildlife species. This office supports the recommendations of the resource agencies relative to any concerns for connectivity. This office recommends that any permit issued should include a condition to mark the proposed sill as it will be entirely underwater at MHW. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. In addition to the specific conditions mentioned above, it is recommended that any permit issued should include standard conditions for community marinas, dredging, riprap revetments, and riprap sills for wetland enhancement. RECEIVED APR 0 5 2018 DCM- MHd CITY DocuSign Envelope ID: 2CD73F13-7CE54C6D-AB3A-7711AA3F5318 Water Resources Environmental Quality June 20, 2018 Register Place Estates HOA Mr. Robb McClaskey 1716 Register Place Wilmington, NC'28411 Subject Property: Register Place Estates Marina ROY COOPER Governor MICHAEL S. REGAN Secre lm v LINDA CULPEPPER lnlerinr Direcior New Hanover County DWR Project: 2018-0496v2 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. McClaskey, You have our approval, in accordance with the attached conditions and those listed below, to impact approximately 0.88 acres of open waters to perform maintenance dredging, to construct a riprap revetment, and to construct a riprap sill as described in your application received by the N.C. Division of Water Resources (DWR) on April 5, 2018 and within an email received on June 20th (removing the transient day dockage). 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: http://portal.ncdenr.org/web/wq/swp/ws/401 /certsandperm its. This approval is for the purpose and design that you described in your application and within an email received on June 201h (removing the transient day dockage). 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. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application and within an email received on June 20th (removing the transient day dockage). The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, yQu mRSbn41t{0&Qahkkion and you may be required to submit State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 DocuSign Envelope ID: 2CD73F13-7CE5-4C6D-AB3A-7711AA3F5318 Register Place Estates Marina New Hanover County 2018-0496v2 Page 2 of 4 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 021-1.0502 (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. 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 021-1.0507 (c) and 15A NCAC 021-1.0506 (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 to assure compliance, than DocuSign Envelope ID: 2CD73F13-7CE5-4C6D-AB3A-7711AA3F5318 Register Place Estates Marina New Hanover County 2018-0496v2 Page 3 of 4 the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 7. 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)(1), 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)(0]. 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://portal.nedenr.ora/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. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by 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 httn://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any DocuSign Envelope ID: 2CD73F13-7CE5-4C6D-AB3A-7711AA3F5318 Register Place Estates Marina New Hanover County 2018-0496v2 Page 4 of 4 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). 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FeclEx, etc): Office of Administrative Hearings 1711 New Hope Church Road 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.Cobum@ncdenr.eov. Sincerely, y DocuSiSoeE b: C S W" E3AEA14AC7DC434... Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Jason Hales - ECS (via email) Liz Hair - USACE Wilmington Regulatory Field Office (via email) Heather Coats — DCM Wilmington (via email) WiRO/LF kX\L N!---r-._ Coastal Management ENVIRONMENTAL QUALITY March 29, 2018 TO: 6 . ,8.A.05. of Maria Dunn NC Wildlife Resources Commission For WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.a< Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review ROY COOPER oo�"Wr MICHAEL S. REGAN Secretary BRAXTON DAVIS Dimetor APR 2018 RECEIVE,' �t C Applicant: Register Place Estates HOA Project Location: 1834 Register Ln., adjacent to the AlWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to reconstruct, expand & perform maintenance excavation at an existing community docking facility, and construct/maintain a riprap revetment & sill Please indicate below your agency's position or viewpoint on the proposed project and retr rrt 6rs4y'W"fwat at the address above by April 22, 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 ` 1 _ DATED RECEIVED TIN 19 State of North Carolina 11mvimomental Qoality I CmiM,11 Management 127 Cardinal Dme ExL, Wilmington, NC 28405 DCM WILMINGTON, NC 91a796-7215 ® North Carolina Myers, MEMORANDUM Resources Commission 9 TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator r Habitat Conservation Division DATE: June 19, 2018 SUBJECT: CAMA Dredge/Fill Permit Application for Register Place Estates HOA, New Hanover County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The prcjcet site is located at 1834 Register Lane adjacent to the AIW W and Middle Sound in Wilmington, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.)- The applicant proposes to reconstruct, expand, and perform dredging at an existing community docking facility as well as construct a sill and construct/maintain a riprap revetment. A NCDEQ meeting was conducted on April 4, 2017 in which agencies expressed concern for impacts to shallow water habitat areas and submerged aquatic vegetation (SAV). An SAV survey was conducted and the footprint of the dredge plan reduced The marina would be reconstructed in the same footprint as existing but with the addition of a 4.5' by 56' transient dock Proposed excavation includes a 236' by 143' area to -3' NLW on the landward side to -4' NLW near the AIW W. Material would be removed by mechanical excavation and placed on an existing spoil island. The shoreline is proposed to be stabilized by adding riprap to an area around the peninsula for 315', varying from 10' to 15' in width A section of coastal marsh was observed in this area during the NCDCM site visit. A riprap marsh sill is proposed at the approximate MLW contour for 90' in length, 14' in width, and 3' in height. Marsh plantings would occur on the landward side of the sill. The A1W W and Middle Sound in this location are classified SA ORW by the Environmental Management Commission and are open to shellfish harvesting. RECEIVED Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-172f JN 19 2018 Telephone: (919) 707-0220 • Fax: (919) 707-0028 DCM WILMINGTON, NC The NCWRC has reviewed the project application and has concern with portions of the proposal. We do not object to the marina reconstruction with the transient dock or shoreline stabilization. We support any moratoria or construction methodologies requested by the NCDCM Fishery Resource Specialist to minimize impacts to aquatic resources during the construction of these structures. However, we request additional information for the proposed sill. A general design was provided, but no cross section was included to clearly depict the dimension of the structure. Information needed includes minimum and maximum distance from shore, base width, top width, and height above NLW and MHW. A closer view of the proposed sill in relation to the shore should also be provided to insure the installation of the sill does not block hydrologic connectivity to wetlands, the pond, or prevent access to shallow water habitats. The planting of marsh grass without fill landward the sill is appreciated and will contribute to shoreline stabilization, water quality, and habitat. Along with the request for additional information regarding the sill, we would like to state concern with the proposed excavation. While we appreciate the reduction in the dredge footprint and the avoidance of SAV, a sizeable area of dredge is proposed in an area that has been recognized as a functioning primary nursery area that has not been dredged in the past. Our comments during the review of the EA (Wynne, I 1 June 1999) stated a preference for a subdivision with no marina. Statements made in the EA by the applicant encouraged the allowance of a marina in an ORW area due to the absence of dredging, no boats with heads or cabins, no fuel, no marine services, and no transient dockage. NCWRC stated concerns for excavation with comments cautioning that shoaling would likely occur in the area due to the docks and would prompt future requests to dredge. Therefore, we requested an agreement be made prohibiting current and future dredging We do not believe these conditions have changed and still would prefer no dredging to occur at this site for the same reasons stated during the 1999 review of the project. We understand the concentration of the aquatic resources at the site are marine resources and therefore would support the comments made by the NCDCM Fishery Resource Specialist to represent marine fisheries concerns. The NCWRC appreciates the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn"wildlife org RECEIVED JUN 19 DCM WILMINGTON, NC RECEIVED MAY 2 1 2018 Coastal Management ENVIRONMENTAL QUALITY NIP SECTION M1HD March 29, 2018 TO: Curt Weychert Fisheries Resource Specialist MHC-DCM 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 28406 heather.coatsooIncdenrgov Fax: 395-3964 (Courier`04=16=33; SUBJECT: CAMA /Dredge & Fill Application Review Applicant: ;'Regtster Place=Estates'HOA'' h Project Location: 1834 Register Ln., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to reconstruct, expand & perform maintenance excavation at an existing community docking facility, and construct/maintain a riprap revetment & sill Please indicate below your agency's position or viewpoint on the proposed project and Fketurn this forrh iW7H_e4ther.Ciia76 at the address above byfAp►rl 22 -'20:18 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. pp SIGNED DATED RECEIVED APR 0"5,2018 State of North Carolina I Environmental Quality I Coastal Management D C M-^ N LS H D CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 ��f9 61. LL1� 910-796-7215 ROY COOPER Go.mnr Coastal Management ENVIRONMENTAL QUALITY lul u • t a \I_1 ml RECEIVED MAY 2 1 201E MP SECTION MHD TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Curt WeycheM DCM Fisheries Resource Specialist9 SUBJECT: Register Place Estates HOA DATE: April 23, 2018 MICHAEL S. REGAN Seerelary BRAXTON DAVIS Dimaor A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant proposes to. The project is in waters classified as SA; outstanding resource waters (ORW) by the NC Division of Water Resources. The applicant proposes to reconstruct and expand an existing community docking facility, constructlmaintain a riprap revetment and construct a riprap sill. The proposed dredge area would total 33,748 square feet, the fill area would total 4,725 square feet, and incorporate an additional 252 square feet of platform area. The applicant is proposing to stabilize the shoreline in the same general footprint as an existing riprap, however, the site description provided by DCM staff indicates the presence of coastal wetland species within the same footprint. Coastal wetlands are considered among the most productive ecosystems in the world (NCDEQ 2015). Coastal wetlands are a productive detritus based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. Recent research indicates that even -narrow fringes of wetlands are essential factors for fish utilization and erosion control (Whaley and Minello 2002; MacRae and Cowan 2010; Minello et al. 2011; Gewant and Bollens 2012). An estimated 95% of commercial finfish and shellfish species in the US are wetland dependent (Feierabend and Zelany 1987). Species common to coastal wetlands include sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and penaeid shrimp; with a myriad of prey species as well. Wetlands can enhance foraging functions of adjacent habitats, which is why primary (PNA) and secondary (SNA) nursery habitats are closely linked with coastal wetlands. In addition, these wetlands are important to waterfowl feeding and nesting activities. This office is opposed to the filling of any coastal wetlands which are currently acting as a natural shoreline protection. Any fill should remain landward of any coastal wetland species. The applicant is also proposing to extend a riprap sill and marsh planting along the northern shoreline of the . peninsula area. This addition of fill and marsh planting has the potential to block the pathway of water between the upland tidal "pond" and the connecting waters. This would prevent passage of fish and invertebrates to shallow bottom nursery habitat. In addition to fish passage, restriction of water flow could degrade water quality and create hypoxic conditions within the "pond". Shallow soft bottom is an important foraging habitat for juvenile and adult fish and invertebrates, and aids in storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to some extent by most native coastal fish species in North Carolina. The habitat is State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330 (f=) particularly productive and, by providing refuge from predators, is an important nursery area. Species dependent on shallow soft bottom include clams, crabs, flounder, spot, Atlantic croaker, sea mullet, and rays (Deaton et al. 2010). Many benthic predators are highly associated with the shallow soft bottom habitat, including flounders, weakfish, red drum, sturgeon and coastal sharks, although almost all fish will forage on microalgae, infauna, or epifauna on the soft bottom. For the aforementioned reasons, this office has concerns associated with the additional proposed fill on the northern side of the peninsula. The applicant is proposing new dredging to excavate the bottom surrounding the existing marina facility. The dredge area would be 33,748 square feet, and would dredge to, -3 to -4 feet and remove, a volume of 3,000 cubic yards. The original permit had comments from both DMF and WRC regarding concerns of the likelihood of shoaling, and both agencies opposed future dredging. The added concern of expanding SAV beds in the area also raises concerns associated with dredging such a large area and volume of soft bottom habitat. The resuspension of sediment can create an increase in turbidity that larvae, juveniles, and especially filter feeding species, can be acutely susceptible. An increase in suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and other sessile fauna and flora. Elevated water temperatures reduce dissolved oxygen (DO) concentrations, making the potential for a DO crash from increased turbidity a major concern. If turbidity curtains cannot be utilized to contain the sediment within the entire project area, a moratorium on in -water work, to include dredging, from 1 April to 30 September is recommended to reduce the negative effects on critical fish life history activities, to include spawning migrations, sedimentation concerns, and nursery functions. Boswell, K.M., Wilson, M.P., MacRae, P.S., Wilson, C.A. and Cowan Jr, J.H., 2010. Seasonal estimates of fish biomass and length distributions using acoustics and traditional nets to identify estuarine habitat preferences in Barataria Bay, Louisiana. Marine and Coastal Fisheries, 2(1), pp.83-97. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 639 pp. Feierabend, J.S. and Zelazny, J.M., 1987. Status report on our nation's wetlands., National Wildlife Federation. Gewant, D. and Bollens, S.M., 2012. Fish assemblages of interior tidal marsh channels in relation to environmental variables in the upper San Francisco Estuary. Environmental biology of fishes, 94(2), pp.483-499. Minello, T.J., Rozas, L.P. and Baker, R., 2012. Geographic variability in salt marsh flooding patterns may affect nursery value for fishery species. Estuaries and Coasts, 35(2), pp.501-514. NCDEQ (North Carolina Department of Environmental Quality) 2016. North Carolina Coastal Habitat Protection Plan Source Document. Morehead City, NC. Division of Marine Fisheries. 477 p. Whaley, S.D. and Minello, T.J., 2002. The distribution of benthic infauna of a Texas salt marsh in relation to the marsh edge. Wetlands, 22(4), pp.753-766. Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt.Weychertnn.ncdenrov with further questions or concerns. RECEIVED MAY 2 1 2018 State of North Carolina I Eoviroomental Quality I Coastal Management 400 Commer252-8082808122-247-330(fax)552 MP SECTION MH A M Coastal Management ENVIRONMENTAL OUALITV March 29, 2018 TO: APR 0 3 2013 By. �[ Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER (;.wmor 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(o)-ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Register Place Estates HOA Project Location: 1834 Register Ln., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to reconstruct, expand & perform maintenance excavation at an existing community docking facility, and construct/maintain a riprap revetment & sill 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 April 22, 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"" 11410 This agency has no comment on the proposed project. Q It 6CIO This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE tv1 ��ta�r�Io� Jet.1k��Is DATED 41 i S 1 U Received APR 1.9 20 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent., Wilmington, NC 28405 r%f%m 910-796-7215 LJU 14 ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director April 19, 2018 MEMORANDUM TO: Heather Coats, Assistant Major Permits Processing Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive, Ext., Wilmington, NC 28405 From: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Register Place Estates HOA Project Location: 1834 Register Lane, adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to reconstruct, expand & perform maintenance excavation at an existing community docking facility, and construct/maintain a riprap revetment & sill This 26-slip facility was originally authorized by CAMA Major Permit #110-99 and is in waters that are open to shellfish harvest. The facility was permitted as an "Exclusionary" docking facility in accordance with 15A NCAC 18A .0911 MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS. That is, the facility would have less than 30 slips, have no boats over 24 feet in length, no boats with heads and no boats with cabins. A shellfish closure is not required for facilities that are permitted with these conditions. The applicant intends to include two additional slips at the site bringing the total number of slips to 28. The addition and location of the proposed slips would not cause a shellfish closure. However, the conditions in Permit #110-99 summarized above would need to be included in the new permit, as well as the existing and re -configured docking facility being fully compliant with those conditions. Received —>^Nothing Compares APR 1.9 181e State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 pCM 252-726-7021 Bodnar, Gre From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, May 07, 2018 11:25 AM To: Huggett, Doug; kathryn_matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov, Pete_Benjamin@fws.gov, Bowers, Todd; Wilson, Debra; John; Owens, Jennifer L CIV USARMY CESAW (US); scott.d.mcaloon; Arnette, Justin R CIV USARMY CESAW (US); Coburn, Chad; DCR - Environmental -Review; Eunice.AJames; Fritz Rohde - NOAA Federal; Spears, Courtney, Bodnar, Gregg Cc: Mickey Sugg Subject: [External] CAMA Major/GP 291/ SAW-1999-00249/Register Place Estates marina Attachments: Register Place app and bio report.pdf, SAV Report Register Place Estates Marina.pdf; GoogleEarth_Placemark.kmz; revised MP-4 Register place.pdf, SAW-1999-00249_ ePN- signed.pdf CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by June 6, 2018. The applicant proposes to reconstruct and reconfigure a private community docking facility within the same footprint of the existing facility, conduct dredging within an approximate 236-ft X 143-ft basin, and construct a rip rap sill and revetment within waters adjacent to the AIWW (Middle Sound) in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.261325 N-77.773150 W. Previous Corps permits associated with this site include a Standard Permit dated November 15,1999 which authorized the construction of the original docking facility, and permit modifications in 2000. The original Corps authorization did not include a dredging component as water depths were of sufficient depth nearly 20 years ago and the applicant did not propose dredging. The Division of Costal Management permit number for this action is state permit no. 110-99. A scoping meeting was held on April 4, 2017 to discuss the applicant's proposal and provide agency input. The dredge footprint was reduced and project redesigned based on agency input during the meeting. An SAV survey was recommended and completed by the applicant's agent, ECS Southeast, U.P. Please see the attached Field Investigation Report section 9 for further detail on DCM project history. The proposed project involves the reconstruction of an existing 26-slip docking facility within the same footprint. The reconfigured docking facility consists of a fixed access pier measuring 6-ft wide X 110-ft long, with a single floating spine measuring 8-ft wide X 185-ft long, with floating finger piers (14 measuring 4.5-ft wide X 24-ft long, and 1 measuring 5-ft wide X 24-ft long), and a 16-ft X 16-ft fixed platform. All slips include boat lifts. There are 52 tie pilings associated with the facility. An additional 4.5-ft wide X 56-ft long transient dock is proposed along the northern end of the facility. Shoreline stabilization is proposed along the grassed peninsula which provides access to the dock. Coastal wetlands are located within the revetment project area and approximately 250 square feet would be permanently filled with rip rap and concrete slab. Additionally, the applicant proposes to install a 90-ft (1) X 14- ft (w) X 3-ft (h) sill parallel to the northern shoreline at the Mean Low Water contour in order to further protect the peninsula from wave action associated with passing watercraft in the AIWW. This would result in the placement of 70 cubic yards of rip rap within a i. 1,260 square foot area of shallow bottom habitat. Marsh vegetation would be planted landward of the proposed sill approximately 1 year after construction. According to the application, existing water depths within the project area range from -1.9-ft to 2.5-ft, relative to normal low water (NLW). Final proposed water depths around the dock would be approximately -4.0-ft MLW on the AIWW side of the facility and -3.0 MLW. Approximately 33,748 square feet of shallow bottom habitat would be removed within the project area by bucket to barge method, generating approximately 3,000 cubic yards of spoil material. The application indicates that the spoil material is proposed to be disposed of on a private island at the confluence of the AIWW and Nixon's Creek. The disposal location is known as the New Hanover Conservancy Disposal Area, which is adjacent to the USACE DA 228. A Consent to Cross Agreement was not provided with the application. Please see the attached NC DCM field investigation report, application, plans, and SAV survey dated October 10, 2017, for more detailed information concerning the proposed project. Additionally, based on the attached map (kmz file), it appears that a portion of the existing docking facility is located within the Corps AIWW channel Right of Way, but is located outside of the Corps federal channel Setback. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The waters of the AIWW are designated SA-ORW by the Division of Water Resources. Waters within the project area are NOT designated as PNA by the NC Division of Marine Fisheries and are OPEN to the taking of shellfish. An SAV survey was performed September 15, 2017 (attached). Three small SAV patches are located within the overall 200-ft X 317-ft survey area and will not be impacted by the dredging as the dredge footprint avoids the SAVs. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines will be required as a condition of this proposed action. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places, the Corps has preliminarily determined that the proposed project will have no effect on cultural resources and requests concurrence from the State Historic Preservation Office. Please contact me if you have any questions. Please provide comments as soon as you can or by June 6, 2018. Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil June 13, 2018 Regulatory Division Action ID No. SAW-1999-00249/Register Place Estates Marina Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Register Place Estates HOA to reconstruct and reconfigure an existing docking facility at 1834 Register Lane, in waters adjacent to the AIW W (Middle Sound), in Wilmington, New Hanover County, NC. Specifically, the applicant proposes to reconstruct the existing 26-slip docking facility within the same footprint. The reconfigured docking facility consists of a fixed access pier measuring 6-ft wide X 110-ft long, with a single floating spine measuring 8-ft wide X 185-ft long, with floating finger piers (14 measuring 4.5-ft wide X 24-ft long, and 1 measuring 5-ft wide X 24-ft long), and a 16-ft X 16-ft fixed platform. All slips include boat lifts. There are 52 tie pilings associated with the facility. An additional 4.5-ft wide X 56-ft long transient dock is proposed along the northern end of the facility. Shoreline stabilization is proposed along the grassed peninsula which provides access to the dock. Coastal wetlands are located within the revetment project area and approximately 250 square feet would be permanently filled with rip rap and concrete slab. Additionally, the applicant proposes to install a 90-ft (1) X 14- ft (w) X 3-ft (h) sill parallel to the northern shoreline at the Mean Low Water contour in order to further protect the peninsula from wave action associated with passing watercraft in the AIW W. This would result in the placement of 70 cubic yards of rip rap within a 1,260 square foot area of shallow bottom habitat. Marsh vegetation will planted landward of the proposed sill approximately 1 year after construction. The applicant proposes to conduct maintenance dredging within the 236-ft X 143-ft basin, with final proposed water depths around the dock measuring approximately -4.0-ft MLW on the AIW W side of the facility and -3.0 MLW on the landward side of the facility. Approximately 33,748 square feet of shallow bottom habitat would be removed within the project area by bucket to barge method, generating approximately 3,000 cubic yards of spoil material. The proposed spoil disposal location is within the New Hanover Conservancy Disposal Area, located adjacent to USACE DA 228. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the -2- 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 http://www.fws.gov/nc- es/mammal/manatee Quidelines.pdf. 2. The permittee, in accordance with Programmatic General Permit 291, Regional General Condition 0) will obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403, email: SAWWeb- Nav@usace.army.mil. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. -3- 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions 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 with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). -4- 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: Ms. Karen Higgins North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Dr. Pace Wilber National Marine Fisheries Service -Habitat Conservation Division -5- Mr. Fritz Rohde National Marine Fisheries Service -Habitat Conservation Service Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Mr. Chad Coburn North Carolina Department of Environmental Quality -Division of Water Resources Mr. Gregg Bodnar/Ms. Courtney Spears North Carolina Department of Environmental Quality -North Carolina Division of Coastal Management Mr. Justin Amette USACE-Wilmington District/Navigation Branch M Coastal Management ENVIRONMENTAL QUALITY March 29, 2018 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER caveman MICHAEL S. REGAN Secretary BRAXTON DAVIS Do-ecrar FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coats(a)ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Register Place Estates HOA Project Location: 1834 Register Ln., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to reconstruct, expand & perform maintenance excavation at an existing community docking facility, and construct/maintain a riprap revetment & sill 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 April 22, 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. r �,l SIGNED /', " � 7 DATED K rl g State of North Carolina I Enviromnental Quality I Coastal Management 127 Cardinal Drive Ex1., Wilmington, NC 28405 910-796-7215 All. Coastal Management ENVIRONMENTAL QUALITY March 29, 2018 PE APR 0 3 2013 BY. — TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(..ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Register Place Estates HOA Project Location: 1834 Register Ln., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to reconstruct, expand & perform maintenance excavation at an existing community docking facility, and construct/maintain a riprap revetment & sill 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 April 2Z 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. SIGNEI11JYZ/�,C 661m,2 DATED 4 / 4 // BIOZ I I adv State of North Carolina I Environmental Qnalily l Cmntal Management CN ViONIWIIM IN00 127 Cardinal Ddve Ext., Wilmington, NC 28405 Q ^ ' 910-796-7215 ' `�,_'. Coastal Management ENVIRONMENTAL QUALITY March 29, 2018 TO: Georgette Scott Stormwater Section DEMLR - WiRO M. Alor ROY COOPER Gommor MICHAEL S. REGAN secretary BRAXTON DAVIS Director ECEHVE APR 0 3 2018 " �In FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscD—ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Register Place Estates HOA Project Location: 1834 Register Ln., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to reconstruct, expand & perform maintenance excavation at an existing community docking facility, and construct/maintain a riprap revetment & sill 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 April 22, 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�Illcebit Some of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 29405 910-7%-7215 f, y a %k !,a Coastal Management ENVIRONMENTAL QUALITY March 29. 2018 TO: Tim Walton Dept of Administration State Property Office RECEIVED APR 0 5 2018 DOA STATE PROPERTY OFFICE ROY COOPER (4'emnr MICHAEL S. REGAN Se✓elary BRAXTON DAVIS /),oa or FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coatsa(.ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Register Place Estates HOA Project location: 1834 Register Ln., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to reconstruct, expand & perform maintenance excavation at an existing community docking facility, and construct/maintain a riprap revetment & sill 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 April 2Z 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 commen . SIGNED DATED ��')= f100e�VDKt+1 State of North 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 April 6, 2018 TO: Heather Coats Assistant Major Permits Coordinator FROM: Everette Moo Real Prope nt RE: CAMA Community Dock Construction Application Review Applicant — Register Place Estates HOA 1834 Register Lane, Wilmington, New Hanover County Machelle Sanders Secretary Tim Walton Director REPLY: Please confirm that the proposed construction is not located within the 1000' USACE AIW W easement area. State of North Carolina I State Property Office I16 West Jones Street, Suite 4055 1 1321 Mail Service Ctr. I Raleigh, NC 27699 919 807 4650 TI Web: http://w .mspo.com 1�1CLu }iaY�o�f� . t Coastal Management ENVIRONMENT/ "ALITY March 29, 2018 TO: FROM: SUBJECT. Applicant: Project Location Received: 04/ 10/2018 State Historic Preservation Office 1`m ROY COOPER c;m�n.w MICHAEL S. REGAN BRAXTON DAVIS 5T~ ER 18-0734 Renee Gledhill-Eady Due -- 4/18/18 Dept. of Cultural Resources Archives &History (�„(, , -' Heather Coats, Assistant Major Permits Coordinator A- � \ i NCDEO - Division of Coastal Management 127 Cardinal Drive Ext , Wilm., NC 28405 heather. coatsio)ncdenr.aov Fax: 395-3964 (Courier 04-16.33) CAMA / Dredge & Fill Application Review Register Place Estates HOA 1834 Register Ln., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to reconstruct, expand & perform maintenance excavation at an existing community docking facility, and construct/maintain a riprap revetment & sill 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 April 22, 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" _4kT 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_ V DATED RECEIVED La. d Nm6 C.1" FwvinrYRernal Qoay I Cm l mvmw Y 127 Cad== Dnw Em- Wd Wnpm NC 2940 9167W7215 APR 2 6 2018 DCM WILMINGTON, NC N�,I, VFrpmi ii CoastaiManagement ERVINONNgNTALavAurr March-29, 2018' APR - 61 P018 NEW HANOVER BOUNTY PLANNING & ZONING ROY COOPER Cm MICHAEL S. REGAN S=r my BRAXTON DAVIS Dh?ZW, TO: Chrisiine Boedrd , Local P_ermit.Offcer County of New Hanover FROM: Heather Coats, Assisf tint MajorPermits Coordinator; -NCDEQI- Division of Coastal Management. _ 127Cardinsil Drive Ext , Wilm:, NC 28405 heathercoats(@.ncdenr.aov; Fax: 395-3964-(Courler 04-16.93 SUBJECT: CAMA/.Dredge:&Fill.Application.Review Appllcant: ReglsterPlace"Estates HOA Project Location: 1834Aegister Ln; ad)acenttd-the AIWW B Middle Sound,' in WlImngton New HanoverCoun[y ,:, Proposed. Project to reconstruct; expand & petform�mamtenance excavation at anexisfing community docking facility, and construct4naintain a riprap revetment & sill Please indicate below! our agency's position or vie olnt on the proposed project and; y 9. � >ti'p. return this form to Heather Coats at the address above by April 22, 2018. If you have,any gLestions,regarding the proposed project, contact -Courtney- Spears at-(910) 796-7423 when appropriate in-depth commenta.with supporting data is requested. C REPLY: This agency hai; no objection to tfieproject as proposed. `"Additional:commenfs.may-be-attached" This agency; has -no comment on.the proposed project. This agengr,' roves 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 41le DATED _. Received APR 14 1018 Sn efNmh Cmom I Fammmeaw QMb I ccaawyinjmit 12J Ca id'mel WnIW_ WOmigsM NC2C405 ®City e ����11�� 910.2wau t 04 L CHMEN IRTALOUA I ­t . 1TY, 'March,29i,20118! TO: Applicah.t Ito' * 'W,'di 04,40/201& . �.-CAV SiatecHistoric P,ri2ter�v;iiion:offii�6 Royx0bPEW, M I C KAE 1, SoftEb AN!' B1i_AXT0N_bAVIS Ixwialr ER M-0734, bile --.4/18/,18" Renee Gledhill -Early,- Dept 6f CuIiuraILR6soUr"ces Heather Co6ts;-Assistant:M6j& Permits Poordinit6r NdDoq 7 Divriti6n; f 066stal!Managbmeni, 127'CardInaIb6*v*e'-E4t, Wilm.,NC.28465 hdather.coats0_ncdenr.ao Faxi'.395-w3gl§4-'(664r CAMA / DM490,&-Fill Application Review- RegisterrPlace Estates HOA fieol6ct Location.' 1634.,Regi§terlh, adjacent the AIWW. &.Middle Sound; ihW1!mingtqn,'New Hanov er County- Pt6posed,fipjopt.�, to',reconstnict,'expand ,&pqrfqrrp:maintenanceexcavation .i§,t,a6,exist.ihg,. .Community cfoqkihgfacift andcbris 61 ifuCtlMah7taih�flpragmve�frqent & sill'- Please indicate rqgtr be ow yAL�cVs position oe viewpoint on prop �_o§e&pi(dje6t,and, I 'return this form to Heather Coafs�at the address abovaby April 2Z,2018.Jf you have any qdesti6n§ regarding theproposed 0rqject,`.6o'nta*'C't dodftiiey Spears at.(910)'796-7423,wne . n appropriate pr , opriate- in-depth, comments with supporting datalsrecIuested; 'REPLY: This.agehcy has ho,objbct16njo the project as proposAd.: ,**Additional comments-mavbe:attached** This agency has norc6n%imeht onlhepr.dpose 0 project. . This.agehcy,appro.ves of the project only,if the recommended, changes. are incorporated. See attached. This agency 6bJects.io the pr6jectfor reasons d6401bed In the.att,406d, .comments.. .SIGNED DATED RECEIVED SWICONW111coolim I rmironmentalQtWity I qoawl htwgejnmA MAY 7 2018 127 Cardinal DriM Exit, Wlhringlo,: NC 28405 PAP SECTION WD DCM MP-1 APPLICATION for Major Development Permit (last revised 1212706) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (If applicable) Register Place Estates Hoa Register Place Estates Marina Applicant 1: First Name Malcom MI Last Name Thaden Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 7301 Shell Midden Court PO Box City Wilmington State NC ZIP 28411 Country USA Phone No. 910-547-9842 ext. FAX No. Street Address (if different from above) City State ZIP Email 2. AgentCont►actor Information Business Name Ecs Agent/ Contractor 1: First Name Jason MI C Last Name Hales Agent/ Contractor 2: First Name MI Last Name Mailing Address 6714 Netherlands Drive PO Box City Wilmington State NC ZIP 28405 Phone No. 1 910-604-0462 ext. Phone No. 2 910 - 444 -1400 ext. FAX No. 910 686 9666 Contractor # Street Address (6 dfferent from above) city State ZIP Email IRCLfC1 V r—LJ Kt:L;tivtu DCM WILMINGTON. NC <Form continues on back> APR 0 3, 2018 MAR 15 2018 252.808.2808 :: 1.888.4RCOAS7 :: www.nccD .n t Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 1834 Register Lane Subdivision Name City State Zip Register Place Wilmington NC 28411 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 681 - 3694 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Atlantic Intracoastal waterway/Middle Sound 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 Atlantic intracoastal waterway/Middle Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 660 82,000 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0 ®NHW or ❑NWL e. Vegetation on tract Red cedar, maintained grass, wax myrtle, grounsel bush, black needle rush, saltmeadow, cordgrass and smooth cordgrass. f. Man-made features and uses now on tract Upland access causeway, rip rap revetment, marina utility lines, utility junction, marina access pier, gazebo, Floating dock, finger piers and boat lifts. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-20 - residential district (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 ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on nexYEIv ED uPR 05,2018 RECEIVED DCM WILMINGTON, NC MAR 15 2018 252.808-2808 :: 1-888.4RCOAST :. ant. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (it) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. CFPUA p. Describe existing stone 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. Provide the property owners of the Register Place community continued safe access to the local walerbodies and the resources they provide. 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. Dredging by bucket barge method using excavator and barge. Rip rap revetment and sill to be placed by excavator from barge or uplands as necessary. Marina repairs and transient dock installed from barge with pile driver and general marine construction equipment. Equipment to be used includes barge, excavator, bobcat, pile driver and general marine construction equipment and materials. d. List all development activities you propose. Marina basin dredging, rip rap revetment reinforcement, sill installation, transient dock installation and overall marina repair. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 44,924 ®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. Rip rap revetmentlreinfomement, sill. 1. Will wastewater or stormwater be discharged Into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> KCI.t1VCL10CMV LM'Z ON, NC APR 0 5 2018 MAR 15 2018 252.808.2808 :: 1.888-4RCOAST :: www.nc ,IrM'r & r�rTtYnet Forth DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) 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 sufficlently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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 Allison William Todd Phone No. Address 1970 Deep Creek Run, Wilmington, NC 28405 Name John J Lare Phone No. Address 1835 Middle Sound Loop Road, Wilmington, NC 28409 Name Phone No. dress g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 110-99 minor modification, Register Place SID, 07/18/2000 110-99, Register Place SID, 12123/1999 h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. CertiFcation and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best ''ofII my knowledge. Date h.s-12j � Print Name a o.-, t7 ?� Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ®DCM MP4 Structures Information ❑DCM MP-5 Bridges and Culverts RECEIVED RECEIVED DCM WILMINGTON. NC APR 0 5 2018 252.808.2808 .. 1.888-4RCOAST .. www.no Im apemen .net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 236 Width 143 Avg. Existing Depth -1.9ft to -2.5ft NA NA Final Project Depth -3.Oft to -4.0ft NA NA 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. 3000 b. Type of material to be excavated. sand C. (i) Does the area to be excavated include coastal wetands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 0 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 excavation in these areas: No excavation proposed in these areas 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Northeast New Hanover Conservancy Disposal Area 200 ft by 100 it located on Nixon Channel c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? []Yes ®No ❑NA ®Yes ❑No ❑NA (if) If no, attach a letter granting permission from the owner. (ii) If yes, where? Northeast New Hanover Conservancy Disposal Area located on Nixon Channel e. (i) Does the disposal area include any coastal wetlandstmarsh I. (i) Does the disposal Include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ®No []NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. III) If yes, how much water area is affected? ❑CW ❑SAV ❑SS OWL ®None III) Describe the purpose of disposal in these areas: " RECEIVED No excavation proposed in these areas RECEIVED DCM WILMINGTON. NC APR 0 5 2018 MAR 15 2018 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net DCM_ MHD CI I Y revised: 12/26/06 Fortin DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: Riorao - 315'./ Sill - 90' ❑Bulkhead ®Riprap ®Breakwater/Sill ❑Other: _ Width: Riorao - 10'to 15/ Sill -14' c. Average distance waterward of NHW or NWL: Riprap - V / Sill - d. Maximum distance waterward of NHW or NWL: Rip rap - 10' /Sill 55' - 80, e. Type of stabilization material: Class II granite rip rap g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap 650 Breakwater/Sill1013 Other_ i. Source of fill material. Quarry 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. 2-3 feet, boat wakes and storms h. Type of fill material. Class II granite rip rap 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes [:]No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW). If yes, (ii) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? Stored on barge. Turbidity curtain if condition of permit. c. (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. 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: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Barge, excavator and bobcat d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No []NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. G Jun Date asts Applicant Name �e r Applicae RECEIVED nt Si Project Na a RECEIVED DCM WILMINGTON, NC APR 0 5 2018 252.808.2808::1-888-4RCOAST:: www.nccoastaimanagement.net DC A_ MHD CITY revised: 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ❑Public/Govemment ®Private/Community El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (I) Dock(s) and/or piers) d. (i) Are Finger Piers included? ®Yes []No (if) Number 1 If yes: (III) Length 185' (ii) Number 15 (iv) Width 8' (ili) Length 26' (v) Floating ®Yes []No IN) Width '14tilaZ4.5' and IAff (v) Floating ®Yes []No e. (1) Are Platforms included? ®Yes []No f. (i) Are Boatifts included? ®Yes ❑No If yes: If yes: (it) Number 1 (if) Number 26' (III) Length 16' (iii) Length 24' (iv) Width 16' (iv) Width 12' (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 26 ❑ Full service, including travel lift and/or rail, repair or (if) Number of slips existing maintenance service 26 ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 26 ❑ Dry storage; number of boats: ❑ Boat ram number of boat ramps: ® Other, please describe: 1 transient dock A 56' i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: 24' m. (i) Will the facility have tie pilings? ®Yes ❑No (if) If yes number of fie pilings? 52 I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open run -about. no heads I. (1) Will the facility be open to the general public? []Yes ®No RECEIVED RECEIVED DCM WILFAING70N, NC APR 0 5 2018 252-808-2808::1.888.4RCOAST:: www.necoastaimanagement.net DCM- MHD CITYvised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpouk Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. N/A C. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A e. (1) Give the location and number of "No Sewage Discharge" signs proposed. N/A (ii) Give the location and number of "Pumpout Available" signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. N/A i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live -aboard dockage? N/A k. Describe design measures that promote boat basin flushing? N/A I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? RECEIV E® DCM WILMINGTON, NC ❑Yes ®No APR 0 5 2018 MAR 15 2018 252-808-2808::1.888.4RCOAST:: www.nccoastalmanaaement.net ®CM- MH® COTyrevised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) 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. ❑CW ❑SAV ❑SB OWL []None p. Is the proposed marina/docking 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. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (il) Number (!it) 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 (ill) 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 orwetlands 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 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED M WILMINGTON, NC ECEIVELIp�MAR 15 2018 APR 0 5 Z018 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanaaement.net ®CM- MHO Cl"Mised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines greater than 15' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 626 e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. greater than 100' d. Water depth at watenvard end of structure at NLW or NWL 2.5' current / 4.0' proposed 18. OTHER ®This section not applicable a. Give complete description: Date A Project Name Applicant N AppliLarpmnofure RECEIVED wle^��` !C® DCM WILMINGTON, NC APR 0 5.2018 252-808-2808:: 1.888-4RCOAST :: www.nccoastalmanagement.net ®CM- M"D c't Yrevised: 12/27/06 2. 4. 5. 6. 7 8. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Register Place Estates HOA LOCATION OF PROJECT SITE: 1834 Register Lane (community access area) adjacent to the Atlantic Intracoastal Waterway and Middle Sound, in Wilmington, New Hanover County. Photo Index — 2006: 22-7428 M-N 21 INVESTIGATION TYPE: CAMA/ D & F Latitude:34°15'40.79"N Longitude:77°46'24.13"W INVESTIGATIVE PROCEDURE: Dates of Site Visit- 3/27/18 Applicant Present - No PROCESSING PROCEDURE: Application Received — 2/22/18 (initial), 3/15/18(complete) Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, EW, PTS, CS, ORW (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - Septic Systems Planned - N/A (F) Type of Structures: Existing - Single family homes, community marina Planned — Reconstruction of community marina and perform maintenance excavation, riprap revetment, riprap sill (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Low Marsh) (B) Non -Vegetated Wetlands (Open water) 33,748 ft2 4,725 ft2 nc2 2 ft2 d (C) Other (Highground) 6,225 ft2 (D) Tota) Area Disturbed: 44,950 ft2 (1.04 acres) (E) Primary Nursery Area: No (F) Water Classification: SA ORW Open: Yes PROJECT SUMMARY: The applicant proposes to reconstruct and expand the existing community marina, perform maintenance excavation adjacent to the docking facility, construct/maintain a riprap revetment, and construct a riprap sill. RECEIVED APR 05 2018 DCM- MHD CITY Register Place Estates HOA Page 2 9. PROJECT DESCRIPTION: The project site is located at 1834 Register Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, near Wilmington, in New Hanover County. To locate the property from 127 Cardinal Drive Ext., turn right on Cardinal Drive and travel 0.2 miles until you reach Market Street and turn right. Travel 2.7 miles until you reach Middle Sound Loop and make a right. Travel 0.7 miles, and at the traffic circle continue straight to stay on Middle Sound Loop. Travel 1.9 miles until you reach Mason Landing Road, make a left and travel 500' until you reach Register Lane and turn right. The community marina is located at the terminus of Register Lane, and can be accessed via a wooden walkway that is located on the right-hand side of the road. The Register Place Estates Subdivision consists of 26 single-family residential lots and covers 16.5 acres. Along the walkway to the community marina is a freshwater stream that empties into Middle Sound. The common access area for the community marina is approximately 0.16 acres with approximately 660' of shoreline frontage. The common area is shaped like a peninsula extending approximately 200' in a southeasterly direction into Middle Sound and measuring approximately 30' in width. The common area averages 0' above normal high water, and is stabilized by vegetation and remnant riprap (broken concrete and bricks). There is a marked elevation drop close to the shoreline at the transition from the wooded highground to the adjacent intertidal area. A border of "404 type" wetlands exists along the shoreline including woody shrubs, Marsh Elder (Iva spp.) and Groundsel (Baccharis spp.). This area transitions to a low marsh area of Smooth Cordgrass (Spartina altemiflora) varying in width from approximately 180' to 280'. Although it is not included on the submitted workplan drawings, there is an area of Coastal Wetlands measuring approximately 20' by 20' at the terminus of the peninsula and landward of the remnant riprap. Similarly, along the length of the remnant riprap there are Coastal Wetland species growing in and around the debris measuring approximately 10' to 15' in width and consisting primarily of Saltmeadow Cord Grass (Spartina patens), Sea Lavender (Limonium caroliniana), and Sea Oxeye (Borrichia frutescens). On the northern side of the peninsula, near the high ground, the marsh area is interrupted with an area of open water, a "pond", measuring approximately 30' by 90', which is probably a remnant of past dredging events during the creation of the peninsula. There is a connection from the "pond" to the open water area of Middle Sound just north of the peninsula. CAMA Major Permit No. 110-99 was issued to Register Place SID on October 29, 1999, which authorized the construction of a 26-slip community marina and construction of a 26-lot subdivision. No dredging was authorized by CAMA Major Permit No. 110-99 in association with the docking facility. State Permit No. 110-99 was modified through Minor Modification on July 16, 2000 to authorize a 10' extension waterward of the entire community marina. The permit expired on December 31, 2002. High ground access to the community marina consists of a 6' wide elevated wooden cart path beginning at the common area adjacent to lot 19, then running along the southern property boundary for lot 19, along the water frontage of lots 19 and 20 to a point approximately 100' out onto the peninsula. From the end of the cart path to the terminus of th Vw&,v} a path consisting of 57 stone measuring approximately 10' in width. LC� APR 0 5 2018 DCM- MHD CITY Register Place Estates HOA RECEIVED APR 05 2018 Page 3 MHl) cl-Ty The existing 26-slip community marina has a fixed access pier that men asures approximately 6' by 100' and extends from the waterward end of the peninsula. Approximately 35' from the beginning of the fixed access pier is a gazebo measuring approximately 20' by 20' that is centered on the pier. From the terminus of the fixed pier is a ramp leading to a 5' by 24' section of floating dock, oriented perpendicular to the shoreline, which leads to the main floating spine of the community marina which measures approximately 8' by 185' and is oriented parallel to the shoreline. From the main spine of the facility, are twelve (12) floating finger piers each measuring 4.5' by 24' and each serving two boat slips. Each boat slip contains a boat lift. The application states that the existing water depths within the facility range from approximately -1.9' to -2.5' at NLW. The existing docking facility is located approximately 70' from the edge of the federally maintained USACE Navigation Channel. The adjacent riparian property to the north and south are developed single-family residences with docking facilities. A scoping meeting for this project was held at the Wilmington Regional Office on April 4, 2017 in which concerns were raised about the extent of the dredge footprint, new dredging in ORW water, potential for impacts to SAV, and concerns relative to exclusionary marina rules. To address these comments, the applicant reduced the dredge footprint, conducted an SAV survey on September 15, 2017 and removed the area of SAV from the dredge footprint, and removed a previously proposed transient dock on the southern end of the marina to address concerns raised be Shellfish Sanitation. At the scoping meeting, New Hanover County determined that the area in question could be dredged to historical depths, based on the permit issued in 1999, and therefore the dredging would be considered maintenance to previously existing depths. The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the AIWW and Middle Sound are classified SA-ORW 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 OPEN to the harvest of shellfish. The open water of the AIWW and Middle Sound is approximately 625' wide at this location. 10. PROPOSED PROJECT: The applicant proposes to reconstruct and expand the existing community marina, perform maintenance excavation adjacent to the docking facility, construct/maintain a riprap revetment, and construct a riprap sill. The marina would be constructed in the same exact footprint as mentioned above, however, a new transient floating dock would be installed at the northern end of the facility and would measure approximately 4.5' in width and 56' in length. The application states that the extra transient dock would be used to provide safer access to load and unload passengers. The community marina would continue to provide docking space for up to twenty-six (26) vessels (See Figure 3). The applicant is also proposing to excavate the bottom surrounding the existing marina facility. The dimensions of the proposed excavation would be 236' in length by 143' in width, and dredged to a final project depth ranging from -3.0' at normal low water on the landward side of the facility to -4.0' at normal low water on the AIWW side. Excavation of this area would result RECEIVED APR 0 5 Z018 Register Place Estates HOA Page 4 DCM- MHD CITY in the removal of approximately 3,000 cubic yards of material. Excavation would be accomplished by barge mounted mechanical excavator. Excavated material would be placed on the barge and transported to an existing spoil island located to the north of the project site at the confluence of the AIWW and Nixon's Creek. The proposed spoil location is a previously disturbed, privately owned island consisting of approximately 4.83 acres. The applicant has stated that the spoil material would be deposited at a location that is void of wetland vegetation and stabilized by silt fencing while it de -waters. The existing access to the spoil island would require the applicant to transport material within the existing USACOE 1,000 foot AIWW Easement (See Figure labeled 'Proposed Area of Disposal'). The applicant is also proposing to stabilize the shoreline in the same general footprint as existing remnant riprap. The riprap would be added to an area around the peninsula measuring approximately 315' in length at varying from 10' to 15' in width. The application indicates that no Coastal Wetland fill is proposed, however, during a site visit conducted on 3/27/18, Coastal Wetlands were identified within the proposed shoreline stabilization area consisting primarily of Smooth Cordgrass (Spartina alterniflora), Saltmeadow Cordgrass (Spartina patens), and Sea Lavender (Limonium caroliniana). The material would consist of approximately 250 cubic yards of concrete slab and granite class II riprap (See Figure 3a). The applicant also proposes a riprap sill and marsh planting along the northern shoreline (See Figure 3a). The application states that the proposed sill would protect the causeway/peninsula area from wave action. The application also states that the sill would retain flow from the "pond" area, which the applicant states contributes to the siltation of the marina area. The sill would be located at the approximate Mean Low Water contour and would be approximately 90' in length, 14' in width, and 3' in height. The sill would be constructed of approximately 70 cubic yards of class II granite riprap. The application states marsh vegetation would be planted landward of the proposed sill. 11. ANTICIPATED IMPACTS: The proposed reconstruction and expansions of the community marina would incorporate approximately 4,993 ft2 of Estuarine Waters and Public Trust Area, 4,741 ft2 of which is currently usurped by the existing facility, so only 252 ft2 additional would be incorporated. The proposed docking facility would not encroach into the 80-foot setback from the AIWW, nor would it encroach into either adjacent 15' riparian corridor setback area. The facility would continue to provide dockage for 26 vessels in water depths ranging from -3.0 to -4.0 at NLW once the proposed dredging is complete. The proposed dredging would result in the excavation of approximately 33,748 ft2 of shallow bottom habitat. An SAV survey was conducted by ECS Southeast, LLP on September 15, 2017, and an area of SAV was located near the southwest corner of the dredge area. Originally the applicant proposed to dredge in the SAV area, but through coordination with resource agencies removed the area from consideration. No impacts to known SAV are proposed and no shell resource was identified in the project area. Approximately 3,000 cubic yards of spoil material would be generated from the project and placed at an approved off -site spoil location, which would disturb approximately 1,500 ft2 of high ground area. As proposed, all spoil materials would be confined landward of any regularly or irregularly flooded marsh. Register Place Estates HOA Page 5 The proposed offshore sill would r Trust Area. The proposed sill wou to the shore, within the Coastal W cult in the filling of 1,260 ft2 of Estuarine Waters and Public also block the flow from the natural "pond" feature nearer land area. The proposed shoreline stabilizati n would result in the filling of 4,725 ft2 of high ground area in the Coastal Shoreline and OR AECs. According to the application, the proposed shoreline stabilization would not fill any Co tal Wetlands, however, there appear to be naturalized areas within the existing remnant iprap and the area proposed for additional shoreline stabilization. Short term increases in turbidity structures and dredging activity. Submitted by: Courtney be expected during construction of the proposed Date:3/27/18 Office: Wilmington RECEIVED APR 0 5 2018 DCM- MHD CITY CAMA Major Development Permit Application Register Place Estates Community Marina 1818 Register Lane Wilmington, New Hanover County, North Carolina ECS Project No. 49-3677-A 1.0 PROJECT NARRATIVE 1.1 Development History and Use The project area is located off Register Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in Wilmington, New Hanover County, North Carolina (Figure 1). It consists of New Hanover County tax parcel number 317805.08.5532.000 owned by the Register Place Estates HOA Inc. This parcel contains the 26-lot subdivision and the common area associated with the Register Place Estates subdivision access to their community marina. The developer for the subdivision obtained CAMA Major Development Permit 101-99 on October 29, 1999 for the construction of the subdivision and a 26-slip community marina facility. A minor modification to this CAMA permit extending the allowable length of the structure was issued July 16, 2000. The permit authorized a 6 foot wide elevated access pier with a 16 foot by 16 foot gazebo, a 8 foot wide x 185 foot long floating dock with (12) 4.5 foot x 24 foot and (1) 5 foot x 24 foot floating finger piers and 26 piling supported boat lifts (Figure 2). Based on the existing water depth at the project location at the time of the application for the facility, the developer did not propose dredging to accommodate the community marina facility. Through the years the slip owners have noticed shoaling within and around the marina basin. The current shallowness of the marina basin is limiting navigational access to the facility and causing safety concerns following frequent vessel groundings. The access and safety concerns are compounded by wave action associated with vessel movement along the AIWW. The sediment accumulation is potentially due to local shoreline erosion, stormwater runoff from local watersheds, relocation of the Mason's Inlet channel, and a lack of maintenance dredging in the AIWW. Register Place HOA seeks to alleviate the navigation and safety concerns by dredging the marina basin to the approximate depths of the originally permitted facility. At the time of the original permit and marina construction the AIWW side of the facility was located in approximately -4 feet of water at mean low water (MLW) and the landward side was located in approximately -3 feet of water at MLW. The subdivision utilities, grading and drainage plan from the original permit application file showing water depths around the marina facility is included in Appendix I. Register Place Estates HOA Inc. had a hydrographic survey conducted February 14-16, 2017 to determine existing water depths within the area of their community marina. The current average water depth on the AIWW side of the facility is approximately -2.5 feet MLW and on the landward side it is approximately -1.9 feet MLW (Appendix 1). The AIWW vessel wave action and storm activity is producing erosion along the adjacent shoreline which is threatening the marina access pier, the connecting causeway, the marina utility lines and the utility junction. To protect the marina infrastructure and upland access causeway from erosion, Register Place HOA proposes to clean up and reinforce the existing rip rap revetment along the causeway and to install a rip rap sill living shoreline to the north of the causeway. To provide a safer access to the docking facility during active periods of use, an additional 4.5 foot wide by 56 foot long floating transient use dock is proposed for the north end of the marina facility. RECEIVED RECEIVED DCM WILMINGTON. NC APR 05 Z018 MAR 15 2018 3 DCM- MHD CITY CAMA Major Development Permit Application Register Place Estates Community Marina 1818 Register Lane Wilmington, New Hanover County, North Carolina ECS Project No. 49-3677-A A scoping meeting was held at the NCDEQ Wilmington District Office on April e, 2017. State, federal and local agencies that were present at this meeting included the North Carolina Division of Coastal Management (NCDCM) major permits and fisheries, North Carolina Division of Water Resources (NCDWR) 401, United States Army Corps of Engineers (USACE), North Carolina Division of Marine Fisheries (NCDMF) Shellfish Sanitation, North Carolina Wildlife Resources Commission (NCWRC), United States Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), North Carolina Division of Energy, Mineral and Land Resources stormwater (NCDEMLR-SW) and New Hanover County Planning Department. The scoping meeting sign in sheet is included in (Appendix I). Comments and suggestions from this scoping meeting along with project response actions are included in Section 1.4 below. A project design narrative and figures, that incorporated changes addressing the comments from the April 4, 2017 scoping meeting, were submitted to NCDCM on November 22, 2017 for review. Comments and suggestions from this review along with project response actions are included in Section 1.5 below. 1.2 Water and Land Use Classification The AIWW and Middle Sound (NCSID: 18-87-11.7) are classified as Outstanding Resource Water (ORW) by the North Carolina Environmental Management Commission (EMC), and the project waters are open to shellfishing for the purpose of marketing or human consumption. The project area is not mapped as a primary nursery area (PNA) or secondary nursery area by the North Carolina Marine Fisheries Commission (Appendix 1). 1.3 Proposed Development Register Place HOA, proposes to address the loss water depth over the years and associated navigation and safety concerns through excavation of the marina basin to the approximate depths of the originally permitted facility. The proposed dredge area is designed to allow for a depth of -4 foot MLW on the AIWW side of the marina docks and -3 foot MLW on the landward side. The proposed dredge area is designed to allow for safe ingress and egress of up to 24 foot long vessels at the facility. The designed dredge area allows the proposed depths to be reached within approximately 20 to 25 feet of the docks. With regular tidal currents, wind events and vessel activity in the AIWW this is a minimum safe navigational distance for vessels up to 24 foot in length to dock at the facility in slips located on the landward side. The basin, measuring —236 foot in length by —143 foot in width (Figure 3) would result in the removal of —3,000 cubic yards of material (Appendix 1). The material would be removed mechanically by bucket -to -barge method and placed onto an existing spoil island located just to the north of the project site at the confluence of the AIWW and Nixon's Creek, which has been previously used for small maintenance events. The proposed spoil location is not located within the USACE AIWW 1,000 foot easement and is privately owned. Authorization has been obtained for use of the disposal area (Appendix 1). The area available for the placement of the excavated material is approximately 3 acres of high ground. The material will be off loaded on the northern end of the spoil island within Nixon Channel that is void of coastal and Section 404 type vegetation along a sandy beach area with adequate water at low tide. The excavated material will be placed at least 30 feet from the MHW line on high ground and stabilized by silt fencing during the dewaterin process (Appendix 1). RECE1�/ED RECEIVED APR 011 5 2018 DCM WILMINGTON, NC 4 NiArZ 15 21118 DCM- MHD CITY CAMA Major Development Permit Application Register Place Estates Community Marina 1818 Register Lane Wilmington, New Hanover County, North Carolina ECS Project No. 49-3677-A The proposed shoreline stabilization will included breaking up the larger pieces of existing concrete slab rip rap revetment and relocating the pieces along with the addition of granite class 2 rip rap to fortify the revetment (Figure 3). The shoreline revetment that needs repair is approximately 315 feet long and 10 to 15 feet wide and will require 1 to 2 feet depth of additional granite class II rip rap on top. There would be an estimated 250 cubic yards (6,300 cft) of class II rip rap added for the revetment repair. To provide a more long term and resilient shoreline stabilization that will restore natural resources while providing property protection, a living shoreline consisting of a rip rap sill with future salt marsh plantings is proposed north of the marina pier (Figure 3). The proposed sill location should protect the access causeway from wave action and retain flow from the erosional channel that has formed along the north side of the causeway which is suspected to be a source of sedimentation to the marina basin. The sill will be located at the approximate MLW elevation and will be approximately 3 feet in elevation, 90 feet long and 14 feet wide. There will be an estimated 70 cubic yards (1,900 cft) of class II rip rap used for the sill creation. Salt marsh will be planted in subsequent years following the sill installation. Waiting for a year after sill installation to plant marsh grass will allow the area around the structure to equilibrate and reduce potential loss of marsh plantings. The proposed transient floating dock on the northern end of the facility (Figure 3) would tie into the existing middle portion of the floating dock and utilize existing pilings. The transient dockage will allow safer access to the marina facility during active daily use. The project will require removal of the floating dock system and potential pile replacement if damage is found. Piles will be relocated as close as possible to the original locations and the floating docks will be stored either on the work barge or moored adjacent to the work site and out of the AIWW navigational channel and buffer. The electrical wires for the boat lifts will also be removed and replaced during the project. Register Place HOA is proposing complete maintenance of the marina facility (pier, gazebo, floating docks and piles) during this project. The details of the existing structures/proposed maintenance are in the DCM MP-4 form included with this application. 1.4 Scoping Meeting Comments and Proposed Project Actions The primary purpose of this CAMA major permit application is to return the basin water depths to the approximate depths of the originally permitted facility. It was agreed that dredging to the previous depths would be allowable if data shows the original water depths. The original development site plan included in Appendix I shows water depths of -4 foot MLW on the AIWW side of the docks and -3 foot MLW on the landward side, which are consistent with the proposed dredge depths. A dredging moratorium between April 151 and September 30`h may apply. DCM fisheries and NMFS requested SAV information to minimize and avoid potential impacts to aquatic resources. A SAV survey was conducted on September 15, 2017 within the proposed dredge area including a 20 foot buffer area around the proposed dredge area (Appendix III). Three relatively small, low cover patches of shoal grass were observed in the study area. The percent ground cover of seagrass in the survey area was approximately 0.00007%. Boat wakes and stormwater runoff impact SAV through wave action and light attenuation associated with increased turbidity. The project area is directly adjacent to the AIWW which produces heavy vessel traffic throughout the year and is in close proximity to the City of Wilmington and developed areas of New Hanover County which are sR GCC 1vEE1 stormw CNV@g. DCM WILMINGTON, NC 5 APR 0 51 2018 MAR 15 2018 DCM- MHD CITY CAMA Major Development Permit Application Register Place Estates Community Marina 1818 Register Lane Wilmington, New Hanover County, North Carolina ECS Project No. 49-3677-A SAV distribution around the project area should exhibit highly temporal and spatial variation in response to these anthropogenic factors. Register Place HOA originally proposed adding transient docking to north and south ends of the docks. DMF Shellfish Sanitation "exclusionary marina" rules consider docks within 100 foot of adjacent docks as cumulative impacts. The proposed transient dock on the south end of the marina would fall within 100 feet of an adjacent dock. Only the transient dockage on the north end of the marina is proposed. 1.5 Project Design Review - November 2017 Comments on the proposed design submitted November 22, 2017 included the dredge foot print was too large and impacting SAV, coastal wetlands should be identified and shown on the design figures, and historical depths should be show on the design figures. The original proposed dredge area was —280 feet in length by —155 feet in width and—39,050 square feet. This original design incorporated a 45 foot buffer around the docks which would have ensured safe navigational access for vessels up to 24 foot to dock at the facility in slips located on the landward side. The proposed dredge area has been reduced by 20 feet on both the north and south sides of the docks and by 10 feet on the west side of the docks (Figure 4). The new proposed dredge area is —236 feet in length by —143 feet in width and—30,800 square feet. The new design incorporates a 25 foot buffer around the north and south sides of the docks and a 35 foot buffer on the west side of the docks, a minimum for potential safe navigational access for vessels up to 24 foot to dock at the facility in slips located on the landward side. The new proposed dredge foot print avoids all impacts to SAV. Coastal wetlands were photo interpreted from 2016 aerial imagery and are shown on Figures 2, 3 and 4. The majority of the proposed project is not within the vicinity of coastal wetlands. The proposed revetment area is adjacent to coastal wetlands. There is an existing rip rap revetment on the property and the project will only repair and fortify the revetment within its current foot print. To show historical depths in the project area the 1998 Hobbs grading plan was georeferenced to New Hanover County parcel data using ArcGIS. The bathymetric depths were traced and are shown in Figure 5 along with the 2017 bathymetric depths. Figure 5 also shows the current dock location as mapped in the 2017 survey. The 1998 depths show between -3 and -4 foot on the AIWW side of the docks and between -2 and -3 foot on the landward side. In comparison, the 2017 depths show between -2 and -3 foot on the AIWW side of the docks and between -1 and - 2 foot on the landward side. This project proposes to dredge to the approximate depths of the originally permitted facility allowing for depths of -4 foot MLW on the AIWW side of the marina docks and -3 foot MLW on the landward side. RECESVED APR 0 5 2018 RECEIVED DCM WILMINGTON, NO MAR 15 2018 6 DCM- MHD CITY CAMA Major Development Permit Application Register Place Estates Community Marina 1818 Register Lane Wilmington, New Hanover County, North Carolina ECS Project No. 49J677-A 2.0 CONCLUSIONS Based on the potential to restore the initial use and enhance the existing community marina facility for the Register Place community, as well as protect the infrastructure and restore natural resources, it is the opinion of ECS that the site is eligible for a CAMA Major Development Permit for the maintenance excavation of the marina basin, shoreline stabilization, transient dockage and maintenance of the marina facility. This will provide the property owners of the Register Place community continued safe access to the local waterbodies and the resources they provide. RECEIVED RECEIVED APR 0 5 2018 DCM WILMINGTON, NC 7 MAR 15 201E DCM- MHD CITY Huggett, Doug From: Wilson, Debra Sent: Wednesday, June 20, 2018 3:16 PM To: Huggett, Doug Cc: Coburn, Chad; Gregson, Jim Subject: Register Place Please see below Debbie Wilson, District Manager NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 (910) 796-7266 Fax: (910) 395-3964 debra.wilson(a nedenngov Ic- 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: Robert McClaskey [mailto:robmcclaskey@gmail.com] Sent: Wednesday, June 20, 2018 2:54 PM To: Wilson, Debra <debra.wilson@ncdenr.gov> Subject: [External] RPE CAMA Major Permit Application Debra: Please remove our request to build transient day dockage off our northern main dock in our application. We no longer wish to have it as part of our plan. Any future correspondence on behalf of the RPE application should go to me: Rob McClaskey, 1716 Register Place, Wilmington, NC 28411. 1 can be reached at 910-470-9942 Regards, Rob McClaskey Zimmer Biomet Territory Manager Wilmington, NC 910-470-9942 Huggett, Doug From: Robert McClaskey <robmcclaskey@gmail.com> Sent: Thursday, July 5, 2018 8:50 AM To: Huggett, Doug Subject: [External] Register Place Estates Sill Doug: We would like to withdraw the sill/living shoreline portion from our CAMA Major application. Our intent will be to enlist the Coastal Federation in helping us find a design that accomplishes our mutual goals in the future. When could we expect to have an executed permit? Thank you for your attention in this matter. Regards, Rob McClaskey Zimmer Biomet Territory Manager Wilmington, NC 910-470-9942 .:; Huggett, Doug From: Huggett, Doug Sent: Tuesday, July 10, 2018 4:04 PM To: allisonsurfboards@ec.rr.com Cc: Huggett, Doug Subject: Register Place Attachments: Register place estates hoa 70-18.pdf, register place objection letter 2.pdf Mr. and Ms. Allison Attached please find a correspondence on the Register Place HCA project. I hope you both are having a nice day. Sincerely, Doug Huggett Doug Huggett Manager, Major Permit Section N.C. Division of Coastal Management (252) 808-2808 ext. 212 ROY COOPER Governor N, MICHAEL S. REGAN Secretary Coastal Management BRAXTON C. DAVIS ENVIRONMENTAL QUALITY July 10, 2018 Will and Karen Allison 1970 Deep Creek Run Wilmington, NC 28405 Dear Mr. and Ms. Allison: This letter is in response to your recent correspondences with this office regarding the proposed development by the Register Place Estates Homeowners Association. The originally proposed project consisted of dredging, reconstruction of a marina docking facility, the addition of a transient dock, shoreline stabilization and the construction of a sill with associated wetland planting. During the course of the application review, both the transient dock and the sill with wetland planting were removed from the project by the applicant. Consequently, following a thorough review of the proposed project and the issues raised in your comments, the proposed project has been determined to comply with the Rules of the Coastal Resources Commission. As such, a permit has been issued to authorize the development. I have enclosed a copy of the permit for your information. Please take note of Conditions 1, 2, and 22 of the permit, which address some of the concerns raised during the application review process. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairwoman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. Please contact me at (252) 808- 2808 if you would like me to send you the applicable forms and instructions that must be filed prior to that deadline or if you have any additional questions. Alternatively, the forms can also be found on our website at https://deq.nc.gov/about/divisions/coastal-management/coastal- management-permits/variances-appeals. Sincerely, .F-�V #714�- Doug Huggett Manager, Major Permits Section cc: DCM - Wilmington State of Nonh Carols I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Huggett, Doug From: Huggett, Doug Sent: Wednesday, July 11, 2018 8:23 AM To: 'Tracy Skrabal' Subject: Register Place HOA Attachments: register place objection letter 3.pdf, Register place estates hoa 70-18.pdf Tracy Attached please find a correspondence on the Register Place HOA project. Thanks for helping this one along. Doug Doug Huggett Manager, Major Permit Section N.C. Division of Coastal Management (252) 808-2808 ext. 212 R ROY COOPER Govenror N, r-0. MICHAEL S. REGAN Secretary Coastal Management BRAXTON C. DAMS ENVIRONMENTAL QUALITY July 10, 2018 N.C. Coastal Federation c/o Tracy Skrabal 309 W. Salisbury Street Wrightsville Beach, NC 28480 Dear Ms. Skrabal: This letter is in response to your recent correspondences with this office regarding the proposed development by the Register Place Estates Homeowners Association. The originally proposed project consisted of dredging, reconstruction of a marina docking facility, the addition of a transient dock, shoreline stabilization and the construction of a sill with associated wetland planting. During the course of the application review, both the transient dock and the sill with wetland planting were removed from the project by the applicant. Consequently, following a thorough review of the proposed project and the issues raised in your comments, the proposed project has been determined to comply with the Rules of the Coastal Resources Commission. As such, a permit has been issued to authorize the development. I have enclosed a copy of the permit for your information. Please take note of Conditions 1, 2, and 22 of the permit, which address some of the concerns raised during the application review process. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairwoman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. Please contact me at (252) 808- 2808 if you would like me to send you the applicable forms and instructions that must be filed prior to that deadline or if you have any additional questions. Alternatively, the forms can also be found on our website at https://deq.nc.gov/about/divisions/coastal-management/coastal- management-permits/variances-appeals. Sincerely, Dou g Hu ett gg Manager, Major Permits Section cc: DCM - Wilmington State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 252 808 2808 ROY COOPER Governor MICHAEL S. REGAN Secretary Coastal Management BRAXTON C. DAVIS ENVIRONMENTAL QUALITY Director July 10, 2018 John and Marianne Laze 1835 Middle Sound Loop Road Wilmington, NC 28411 Dear Mr. and Ms. Laze: This letter is in response to your recent. correspondences with this office regarding the proposed development by the Register Place Estates Homeowners Association. The originally proposed project consisted of dredging, reconstruction of a marina docking facility, the addition of a transient dock, shoreline stabilization and the construction of a sill with associated wetland planting. During the course of the application review, both the transient dock and the sill with wetland planting were removed from the project by the applicant. Consequently, following a thorough review of the proposed project and the issues raised in your comments, the proposed project has been determined to comply with the Rules of the Coastal Resources Commission. As such, a permit has been issued to authorize the development. I have enclosed a copy of the permit for your information. Please take note of Conditions 1, 2, and 22 of the permit, which address some of the concerns raised during the application review process. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairwoman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. Please contact me at (252) 808- 2808 if you would like me to send you the applicable forms and instructions that must be filed prior to that deadline or if you have any additional questions. Alternatively, the forms can also be found on our website at https://deq.nc.gov/about/divisions/coastal-management/coastal- management-permits/variances-appeals. Sincerely, Doug Huggett Manager, Major Permits Section cc: DCM - Wilmington State ofNorth Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Crty,NC 28Ss7 2S28082808 Job v i m RECEIVED n C J �y / DCM WILtv1ING rph NIr o (� 0 �° 2940S-394S27 I'��I�II�IIL�JI��II111'�'ll��"��II�III qJ 111� �li1L'I'lll 03 District Manager, Debbie Wilson Wilmington Office 127 Cardinal Drive Extension Wilmington NC 28405-3845 March 24, 2018 RE: ECS Project 49-3677, Register Place HOA Dredging We live south of Register Place and are separated by a partially tidal drainage ditch between our two properties. In the past several years, there have been a number of homes built in Register Place. These added homes have increased coverage resulting in increased run off in both drainage ditch and on the road which empties into the tidal portion of the ditch. We have noticed a silt build up at the junction with the marsh which has caused the outflow to cut a new channel into the marsh. This new channel has cut across the back side of our property, endangering the numerous plants, grasses, and trees protecting our home from storm surges. In the drawing of design solutions of the proposal (after photo figure 8), we see no drawing of any work proposed for this area. We question if any of the proposed work will cause more or less silting in this area. We appreciate your time and would like to be notified of any action on this matter. Thankyou. John and Marianne Lare 1835 Middle Sound Loop Road RECEIVED RECEIVED DCM WILFAINGTON. NC APR 0 5 2018 i,gAp eZ 6 7111� DCM- MHD CITY Huggett, Doug From: Tracy Skrabal <tracys@nccoast.org> Sent: Thursday, June 28, 2018 3:10 PM To: Huggett, Doug; Wilson, Debra; Coats, Heather Cc: Karen Allison; Todd Miller Subject: [External] Comments on application for CAMA Major Permit by Register Estates Estates Good afternoon Doug, Debbie, and Heather: In anticipation of our meeting on July 2nd, 2018, I wanted to offer some comments on the proposed Major CAMA permit for dredging, marina expansion and shoreline stabilization at the Register Place community marina site, submitted by ECS Limited on behalf of Register Place Estates. As background for my comments, I was contacted by the Allisons (the northward adjacent property owners), and I visited the project area with the Allisons on June 15, 2018. In addition, I visited the Register Estates site at the request of at least one Register Place Estates property owner sometime in 2017, to discuss general options for shoreline stabilization. I was not contacted nor aware of the current application, however, until I was contacted by the Allisons. As a result of my site visit and subsequent evaluation of the site conditions, review of the application materials, scoping meeting comments, and initial 1999 permit/comments, I believe that the Allisons have valid concerns regarding the potential adverse impacts to the natural ecosystem and water quality of their —2-acre coastal marsh and tidal "pond" adjacent to their 8-acre upland property. I also believe there are unnecessary and avoidable adverse impacts the coastal marsh, tidal "pond" and associated water quality within and adjacent to the areas of the proposed project. Specifically, I offer the following comments on the proposed CAMA Major Permit application, and I look forward to discussing them and potential alternatives when we meet on July 2, 2018 at your offices in Morehead City. North Carolina Coastal Federation (T. Skrabal) Comments on proposed (2017-2018) CAMA Major Permit Application/ Register Place Estates: 1) Current conditions and proposed project impacts- The site of the proposed construction, adjacent to the AIWW and Middle Sound waters, is classified as Outstanding Resource Waters by the North Carolina EMC, and the waters are open to shellfish harvesting. Although the project area is not mapped as Primary or Secondary nursery areas by the North Carolina MFC, these waters and the adjacent coastal wetlands are highly productive habitats for many of North Carolina's commercial and recreational fisheries, and are undoubtedly serving as nursery areas for many of these species. In addition to fisheries, these areas are critical habitats within our estuarine ecosystem/ food chains for many species of birds, mammals, insects, amphibians and reptiles. Currently, the coastal marshes and adjacent waters have high water quality conditions and classifications, requiring the highest level of review and protection to ensure the continuation of these existing functions and values. As'proposed, I believe the project would result in direct and secondary degradation of the adjacent coastal wetlands, natural tidal pond areas, water quality and potentially SAV areas, and these can and should be fully evaluated and avoided. We would recommend that the Applicants be required to demonstrate efforts to avoid and/or minimize these impacts, beyond what has been demonstrated in the current application. 2) Proposed rip -rap revetment of existing peninsula- The application states that no existing wetlands will be impacted by the proposed construction/reconstruction, however the NCDCM field assessment notes the presence of Spartina alterniflora, Spartina patens, and Limonium caroliniana within the footprint of the construction. In order to understand the full proposed impact of the project on these coastal wetlands, the application should be revised to reflect the correct conditions and proposed impacts. The Applicant should also demonstrate efforts to avoid impacts to these wetlands, such as construction of the revetment landward of these areas. On this point, we concur with comments made by Mr. Weychert (NCDCM Fisheries Resource Specialist) in his April 23, 2018 comment memorandum regarding these impacts. I would also be willing to meet with the Applicants and their consultants on -site to discuss design modifications that can accomplish their goals and avoid the loss of existing coastal marsh. 3) Proposed granite sill (90' X 14' X 3')- As you know, we are strong proponents for the implementation of sills for erosion control, both to provide habitatbenefits and successful stabilization of eroding shorelines. However, it is very important that any shoreline structure be designed to protect existing ecosystem functions, and that they be sized in accordance with erosion control needs. As proposed by the Applicants, the sill is designed to block flow and sediment from the adjacent tidal channel that winds through both the Register Place coastal wetland/tidal pond areas and the 2 acre wetland/tidal pond area adjacent to the Allison property. This probable impact is reflected in the field assessment report by Courtney Spears (3/27/18). I would concur that a sill of this size and alignment will impede natural circulation as well as fish passage to/from the adjacent marshes/ponds. Although sills are designed to allow water to pass through them, the location of this sill and the current site/energy conditions here will likely cause sediment to accrete fairly quickly around this sill, which would then adversely impact tidal flow to the wetlands/pond areas fronting both the Register Place and Allison properties. Again, we concur with Mr. Weychert's assessment of the adverse impacts to both ecosystem functions and water quality as a result of this proposed structure. I would also question the need for a structure of this size and alignment for erosion control, given the fact that it is not proposed for shorelines north and south of the 90' section, which would presumably continue to erode. If erosion control is warranted and needed along this property, I would be. happy to visit the site again with the Applicants, and discuss design alternatives that would avoid the loss of ecosystem functions and water quality degradation. As one alternative, it might be possible to construct a vertical wall sill channelward of the existing marsh along this property that allows proper circulation and preserve existing functions. I would recommend that any design be required to avoid an alignment that would block or create a "plug" of the existing tidal channel feeding the adjacent marshes and ponds, to ensure maintenance of the existing circulation and fish passage through this critical channel. 4) Proposed dredging of existing marina- Both agency comments and the Applicant's 9/15/17 survey confirm the presence of Halodule wrightiiwithin the general area of the proposed dredging. Although the Applicants have modified the proposed project to reflect the exact location of this SAV on the z IL date of survey, it is well understood that these species are ephemeral, both geographically and temporally, and this should be considered in the review of the project. It is also worth noting that both NCDMF and NCWRC provided comments during the original permit process and opposed any future dredging of this site. The Applicant should be required to demonstrate the need for additional dredging to-3'/-4' (MLW), a condition which is not found within many marinas with boats of this size throughout our southeast coastal region. I thank you for the opportunity to comment on the proposed application, and I look forward to discussing the project in more detail next week. I believe that there are design modifications that will both satisfy the Applicants' project goals and address the avoidable adverse impacts to the ecosystem and high water quality at this site. Best, Tracy Skrabal Tracy E. Skrabal Coastal Scientist\ Southeast Regional Manager 309 W. Salisbury Street Wrightsville Beach, NC 28480 Ph: (910) 509-2838 (0) (910 )231-6601 (cell) Fax: (910) 509-2840 Visit www.nccoast.org to join or learn more. Join us for the 2018 Pelican Awards and Taste of the Coast July 28°i in Morehead City www.nccoast.org/celebrate North Carolina Coastal Federation Working Together for a Heol thy Coast (i Please consider the environment before printing this email Huggett, Doug From: Karen Allison <allisonsurfboards@ec.rr.com> Sent: Thursday, July 5, 2018 3:50 PM To: Huggett, Doug Cc: tracys@nccoast.org; Spears, Courtney; Coats, Heather; Gregson, Jim Subject: [External] Register Place Estates Attachments: DSCF6159JPG; DSCF6161.JPG; DSCF6162JPG Will was able to paddle all the way out and all the way back to 50 feet inside our property line. Karen M: .� �: . ..' .. .:• t _ I.. �. � � { .. l � fff � �# i � R�.:�Pr � �` �.� a; �, ,,.��5 �. k �, ,3 , s �. ,. � ��. � �: �� t � � ,. , WtIlKi! 0 Huggett, Doug From: Tracy Skrabal <tracys@nccoast.org> Sent: Tuesday, July 3, 2018 9:37 AM To: Huggett, Doug Cc: Wilson, Debra; allisonsurfboards@ec.rr.com; Kerri Allen Subject: Re: [External] Re: Register Place Doug- Thanks very much for your time yesterday. I will definitely holler when I come to town, and please do the same when you come to Wilmington. Thanks for sending this along. As we talked about yesterday, the project as designed will cause adverse degradation to the adjacent tidal marsh and shallow tidal ponds, create water quality problems, and remove existing uses. As such, the Allisons, with support from the Coastal Federation, will be appealing this 401 Certification. I would be grateful if you would share the comment letters from the Allisons and myself, and I would also be willing to meet with the Applicants and/or their consultants. Also, I would like to have a discussion with Curt and any other agency staff, in light of the information and comments provided by the Allisons and myself. Thank you again for your time and for the follow-up you have offered. Much appreciated. Tracy On Tue, Jul 3, 2018 at 9:21 AM, Huggett, Doug <doug huggettna,ncdenr.gov> wrote: Tracy It was good catching up with you yesterday. It's been too long. Next time you're in the area and free for lunch, give me a shout. Attached is the amended 401 water quality certification that I promised you yesterday. I am going to call the consultant today and have the discussion we talked about yesterday, and as soon as that is done I will let you know the outcome. Take care Doug From: Tracy Skrabal [mailto:tracvs nccoast.ore] Sent: Monday, June 18, 2018 9:22 AM To: Coats, Heather <heather.coats ncdenr.eov> Cc: Huggett, Doug <doue.hueeett@ncdenr.aov>; Wilson, Debra <debra.wilson@ncdenr.Rov>; a IlisonsurfboardsC@ec.rr.com Subject: [External] Re: Register Place Thank you Heather. Much appreciated. By this email, I am looping in Karen and Will Allison, the adjacent property owners of an 8-acre property. I've also shared these files with them. As I mentioned, I visited their property on Friday and had visited the Register property last year to discuss shoreline -stabilization. From my visit to the site and what I've been able to pick up from my first review of the materials, I think that the Allisons have valid concerns about the history of this site, and the current proposed project, and I also have concerns about the project design for both the marina and shoreline stabilization. Given the scope and potential adverse impacts of this project; the Allisons and I would like to discuss the project and our concerns with Doug, and possibly meet on site. Again, I thank you so much for sending along these materials so quickly. The Allisons will follow up with Doug to discuss a possible time to meet or discuss their/my concerns. All the best, Tracy On Fri, Jun 15, 2018 at 1:54 PM, Coats, Heather <heather.coats@ncdenr.gov> wrote: Hi Tracy, I'm attaching the other agency comments we have here in our file and Gregg also scanned the Fisheries comments from the MHC file for me to send to you. I'm also attaching my notes from the scoping meeting that was held last year and I tracked down the original permit (as amended) and scanned that for you. It didn't prohibit dredging, but did clarify that dredging was not authorized and any proposed dredging would require a modification of the permit. I'm copying Doug on this as well, and I'll talk to him Monday about our discussion and your concerns. In the meantime, please feel free to email with any questions or concerns. All the best and congrats again on your new hire! Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(7a ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 —Nothing Comparesw_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ---------- Forwarded message ---------- From: "Weaver, Cameron" <cameron.weavernncdenr.gov> To: "Mairs, Robb L" <robb.mairs&ncdenr.gov>, "Crumbley, Tyler SAW (Tyler.Crumblev@usace.armv.mil)" <Tyler.Crumbleyjgusace.army.mil>, "Dunn, Maria T." <maria.dunngncwildlife.org>, "Wilson, Debra" <debra.wilsongncdenr.gov>, "kathryn matthewsnfws.eov" <kathryn matthews@fws.gov>, Ken Riley - NOAA Federal <ken.riley noaa.goy>, "Weychert, Curtis R" <curt.weychert@ncdenr.gov>, "Spears, Courtney" <courtney.spears2ncdenr.gov>, "Humphrey, Jeremy" <jeremy.humphrey(n)ncdenr.eov>, "Staples, Shane" <shane.staples ncdenr.sov>, "Vafier, Ken" <kvafier(2nnhc og v.com>, "edarnellaae,ecslimited.com" <cdarnell@ecslimited.com>, "Coats, Heather" <heather. coatsgncdenr.gov>, "mthaden e eo,rr.com" <mthaden e ec.rr.com>, "bfulton a,ecs.limited.com" <bfultongecs.limited.com>, "cryanhorne gmail.com" <cryanhorne ,amail.com> Cc: Bcc: Date: Tue, 4 Apr 2017 18:37:38 +0000 Subject: FW: presentation Hi all. Presentation and attendee list for this meeting. Thank you all for your time and efforts! Cameron Cameron Weaver Environmental Assistance Coordinator -Wilmington Regional Office NCDEQ-Division of Environmental Assistance and Customer Service 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7303 NCDEQ NEW WEBSITE: htti):Hdeg.nc.gov/ DEACS NEW WEBSITE: http•//dea nc pov/about/divisions/environmental-assistance-customer-service E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: BFulton [mailto:WFulton@ecslimited.com] Sent: Tuesday, April 04, 2017 2:17 PM To: Weaver, Cameron <cameron.weaverQncdenr.eov> Subject: presentation W. Brandon Fulton, LSS, PSC, PWSI Natural Resources Manager, Principal T 704-525-51521D 704-409-77441 C 704-968-5704 1812-D Center Park Drive I Charlotte I NC 128217 ECS SOUTHEAST, LLP www.ecslimited.coni Coiifi dential/proprietary message/attachments. Delete message/attaehnvents if not intended recipient. Tracy E. Skrabal Coastal Scientist\ Southeast Regional Manager 309 W. Salisbury Street Wrightsville Beach, NC 28480 Ph: (910) 509-2838 (0) (910 )231-6601 (cell) Fax: (910) 509-2840 Visit www.nccoast.org to join or learn more. Join us for the 2018 Pelican Awards and Taste of the Coast July 28`^ in Morehead City www.necoast.oriz/celebrate Please consider the environment before printing this email Tracy E. Skrabal Coastal Scientist\ Southeast Regional Manager 309 W. Salisbury Street Wrightsville Beach, NC 28480 Ph: (910) 509-2838 (0) (910 )231-6601 (cell) Fax: (910) 509-2840 Visit www.nccoast.org to join or learn more. Join us for the 2018 Pelican Awards and Taste of the Coast July 28th in Morehead City www.nceoast.or2/celebrate 4 North Carolina Coastal Federation Working rogetherfora Healthy Cc= Please consider the environment before printing this email w Huggett, Doug From: Robert McClaskey <robmcclaskey@gmail.com> Sent: Thursday, July 5, 2018 11:51 AM To: Tracy Skrabal Cc: Huggett, Doug; Kara Thomas; Julie; Hank Gerock; Brandon Fulton Subject: [External] Re: Register Place Project and site visit for tomorrow Tracy: I look forward to seeing you Friday to review specifics that the Coastal Federation would advise RPE to protect its northern peninsula. Our intent was not to restrict flow to the artifact of the man-made boat basin that is now referred to as a natural pond, but to allow us to protect our property from further erosion. I am confident we can resolve this in a manner we both find mutually beneficial. Regards, Rob McClaskey Zimmer Biomet Territory Manager Wilmington, NC 910-470-9942 On Thu, Jul 5, 2018 at 11:22 AM, Tracy Skrabal <tracvsna,nccoast.ore> wrote: Hi Rob- Following up on our conversation from Tuesday. I'm looking forward to meeting with you and your consultants tomorrow at 4pm. I want to make sure you understand that I cannot design a project for your site without a proper field study, but I am very happy to discuss my concerns about the existing proposed structure, and also concepts for alternatives that I believe will provide stabilization there without blocking the tidal flow to the adjacent coastal marshes and tidal ponds fronting both your lands and the Allison property. If you decide to modify this portion of your permit app, your consultants will need to do the field assessment and re -design of the project. As we discussed, I'm forwarding you some relevant documents, that I received from the NC Division of Coastal Management and the Allisons. You all should have all of these as well, but I'm not sure to whom they were sent as the Applicant. In any event, here they are: 1) The Major CAMA Permit application; 2)The project narrative that was sent to the Adjacent property owners (relevant text about the sill and its purpose is highlighted on page 5; 3) Field assessment of the project by Courtney Spears (with DCM), confirming probable impacts to marsh and ponds from sill; 4) Comment letter from Curt Weychert, the Division of Coastal Management's Fisheries Resource Specialist, stating his concerns about the proposed project. If you have any questions or need to talk with me prior to our field meeting, please call me. I do believe there is a win -win solution here that allows you to achieve your project goals. Thanks again for the invite to meet with you. Best, Tracy Tracy E. Skrabal Coastal Scientist\ Southeast Regional Manager 309 W. Salisbury Street Wrightsville Beach, NC 28480 Ph: (910) 509-2838 (0) (910 )231-6601 (cell) Fax: (910) 509-2840 Visit www.nccoast.org to join or learn more. Join us for the 2018 Pelican Awards and Taste of the Coast July 281" in Morehead City www.necoast.org/celebrate North Carolina Coastal Federation Workng Together for a Healthy [oast Please consider the environment before printing this email Huggett, Doug From: Sent: To: Cc: Subject: Mr. Huggett, Karen Allison <allisonsurfboards@ec.rr.com> Monday, June 18, 2018 3:53 PM Huggett, Doug tracys@nccoast.org RE: [External] Register Place Estates CAMA application Thank you for reading our material. We don't think any of the agencies realized that the tidal flow to our waterfront is fed by the canal that the applicant intends on blocking. I'm sure no one in the business of preserving the coast wants to kill acres of marshland and coastal habitat. Unfortunately, Thursday the 21" we both have to work and Monday the 25th is our 30' anniversary. We have reservations in St Augustine Florida where we spent our honeymoon. We will be available any time after July 111 Please let us know if there is anything else we should do. Kind regards, Karen Allison From: Huggett, Doug [mailto:doug.huggett@ncdenr.gov] Sent: Monday, June 18, 2018 3:20 PM To: Karen Allison Cc: tracys@nccoast.org Subject: RE: [External] Register Place Estates CAMA application Mr. and Ms. Allison, I would be happy to schedule a time to meet with you. This week about the only free time I could meet would be from either 9-10 or 11-12 Thursday the 21". However, I am afraid that due to a crowded schedule I could only meet in my office here in Morehead City, which I know is not ideal. I will be in Wilmington next Monday (251h), and could meet in our conference office sometime in the afternoon (I am afraid that time constraints likely will prohibit a field visit at that time). However, I know that next week is not good for both of you. Ms. Skrabal also expressed a desire to meet with me on this project, so if this Thursday in Morehead City doesn't work, maybe I could meet next Monday in Wilmington with just Ms. Skrabal? I look forward to hearing back from you, and in the meantime, have a nice and cool week. Sincerely Doug Huggett From: Karen Allison[ma ilto:aIlisonsurfboa rds@ec.rr.com] Sent: Monday, June 18, 2018 10:35 AM To: Huggett, Doug <doug.huggett@ncdenr.gov> Subject: [External] Register Place Estates CAMA application Dear Mr. Huggett, I have attached a copy of a package we delivered to Debra Wilson this morning. Tracy Skrabal suggested that we ask you to visit our property. We will be here this week and will be out of town next week to celebrate our 301h anniversary. We will return July 1't and have no other plans to be out of town. Kind regards, Karen and Will Allison 1of21 June 16, 2018 The notification of the Major CAMA application for the re -construction of the tidal marina at Register Place Estates which is adjacent to the Allison property located at 1970 Deep Creek Run on Middle Sound was not received by the property owner. Attached you will find a copy of the signed return slip from the application notice. Neither the property owners nor the tenants residing in the home at 1970 Deep Creek Run during the time of delivery recognize the signature. Most of residents of Register Place Estates, board members and the marine contractor were aware that the property owners historically are not on site during the months of February and March and did not make an effort to make sure the notice was received. The applicant Is very much aware of the negative Impact this project has had and will have on the adjacent property and would have anticipated a response from the property owner. Thank you in advance for your consideration of the following documentation: 1. Cover letter and Index 2. Letter from Will Allison 3. Certified mail receipt with unknown signature 4. County ordinance 72-37 S. Register Place Special Use permit 5-437 6. Original CAMA permit 110-99 line 17 7. Viewpoint by Heather Coats 8. Photograph of live oysters at proposed sill/breakwater site 9. Photograph of channel at proposed sill/breakwater site 30. Photograph of the channel that will be blocked by the proposed sill/breakwater 11. Area to the North of Register Place that will be destroyed 12. Marshland in front of the Allison property that will be destroyed 13. Marshland In front of the Allison property 14. Marshland in front of theAlllson property showing live oysters 15. Marshland in front of the Allison property North to South 16. Marshland In front of the Allison property toward Register Place 17. Definition of sill verses a breakwater from the coastal resource website 18. Application for a 90 foot by 14 foot concrete, rock and granite sill/breakwater 19. Diagram showing the proposed sill/breakwater z CT 2 ) My name is Will Allison and my property is located at 1970 Deep Creek Run, Wilmington, North Carolina. I am the adjacent property owner to the north of Register Place Estates. I have lived here in Middle Sound on this property for sixty two years. I hold an associate degree of science in Marine Technology from Cape Fear Technical Institute, and a Bachelor of science degree In Marine Biology from the University of North Carolina at Wilmington. I was a surveyor In the Gulf of Mexico for three years. I own and have paid taxes on approximately two acres of marshland located on the eastern end of my property since 1956. This is where I was raised and still live with my family. I have preserved the marsh in this area and have worked on it myself all of my life. Every time we had a storm or a very high tide, I went down with a pitchfork and tarpaulin and cleaned the dead spartina alternaflora and debris off this area to keep it from being smothered. After hurricanes and storms the debris was immense and I hauled it all off myself. This was done to insure the health and vitality of the marshland on my property. Needless to say It was a lot of hard work, but I take great pride in taking care of the ecosystem I have. This marsh is an important functioning primary nursery area and also provided protection against wave action and helps mitigate the effect from hurricanes and tropical'storms. To my immediate south Register Place Estates has proposed more changes that have no regard to preserving marine life or consideration of their adjacent property owner William Allison. This project has 26 boat slips allowing one boat slip per lot in the development. According to the special use permit 5-437 Issued January, 1999 section 3B the number of boat slips cannot exceed the number of lots In the subdivision. The subdivision has 25 lots and 26 boat slips with lifts which violated the special use permit. This is also a violation of the county ordinance which states that the number of boat slips may not exceed the number of adjacent lots. Under current regulations this type of development would be limited to 9 boat slips. This type of facility would not be allowed today due to the damage it has caused to the surrounding outstanding resource waters. It should have never been permitted in the first place. Register Place has requested another 56 feet of dock space which will increase the number of boat slips to 28+ boat slips. Under the permit issued for a major development in an area of environmental concern (permit number 110-99) dated 10-29-1999, no expansion or increase in the number of docks is allowed. In the same permit issued 10-29-1999 (110-99) the general conditions state that "This permit does not authorize any dredging, either by traditional means or by kicking of propellers". The proposed dredging will impact the SAV population including shoal grass, flounder and oysters that proliferate along the shoreline including areas where the SAV population could expand. This was a tidal dock when it was built and has caused Its own shoaling by its presence In the ICW by attracting sedimentation by having all of the pilings clustered in one area. The UNCW pier on Masonboro Sound suffered the same consequences and was denied permission to dredge. The application has requested maintenance dredging for its entire footprint in outstanding resource waters. This area was never dredged since its Inception and was never intended to be dredged. The applicant has also requested a 90 foot long by 14 foot wide excessive rip rap sill to be installed in an area directly in front of the canal that supplies water and nutrients to the entire marsh in front of Register Place Estates and across the entire marsh from north to south across my property. This includes the two acres of my marshland that I own and pay taxes on, and have spent my whole life working to 3 oF21 preserve. This is a very important functioning primary nursery area. If the sill is Installed with concrete and rock it would eventually deposit enough sediment to cutoff the flow of nutrients to this entire area which would be devastating. This application has been reviewed by Heather Coats, assistant major permits coordinator NCDEQ—Division of Coastal Management. She states in her position and viewpoint written on March 29, 2018 on page 5, "The proposed offshore sill would result in the filling of 1,269 square feet of estuarine waters and Public Trust area. The sill would also block the flow from the natural "pond" feature nearer to the shore, within the coastal wetland area". This would effectively destroy the marshland on the eastern shoreline of register Place Estates and the 2 acres of marshland on my property. The sill Is not needed since the boating facility is blocking the ICW boat wakes from hitting the shoreline. I sincerely hope that this will not be allowed to happen. This is an impassioned and educated plea to preserve the integrity and health of a very Important part of our outstanding resource waters. Respectfully yours, I�- Will Allison y OFzI RECEIVED DCM WILMINGTON, NO s orz► Community Boating Facility- A private, non-profit boating facility including a dock, pier and/or launching ramp on property having water frontage; the use of which is Intended to serve five or more residential lots or residential units. The right to use such a facility must be conferred by an easement appurtenant to the residential lot it is Intended to serve. No commercial activities of any kind shall be allowed within the confines of the facility. (10/19/92) (23-62) 72-37: Community Boating Facility These facilities may be permitted In the PD, R-20S, R-20, R-15, R-10, R-7, RA and B-1 Districts provided: (1) It can be demonstrated that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. (2) Off-street parking will be provided at a ratio of one space per boat slip. (3) The number of boat slips may not exceed the number of residential lots or dwelling units within the associated development. (4) The right to the use of the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. (5) Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies and food stuffs, shall be strictly prohibited. (10/19/92) C oj•-11 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE rmiuvaT 26 SUP Community Boating Facility The County Commissioners for New Hanover County having held a public hearing on January 4, 1999, to consider application number S-437, submitted by BG Partnership, a request for a special use permit to use the property located at Register Place Estates in Middle Sound and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-37 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The facility will be connected to a planned subdivision on adjacent high ground. B. Access to the boating facility will be through the adjacent subdivision. C. The site is located in the Ogden VFD District. D. Except for water service, no other public type services are planned to serve the facility. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Community boating facilities are permitted by special use permit in the R-20S District. The site is zoned R-20S B. The number of slips (26)carrnotexceed the number of lots (26) in the subdivision that is planned for.the adjacent high=ground. C. In lieu of providing a separate off-street parking area for the facility, the parking will be provided at each individual lot within the subdivision. D. A major CAMA permit will not be issued if it determined that substantial negative impacts will occur to the marsh and estuarine waters. E. No commercial activities are permitted and none are proposed. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not 7 or. ;E� I substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Typically, the provision of private community boating facilities enhance the value of waterfront properties. B. There are three commercial marinas are located to the north. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Private community boating facilities are commonplace along the estuarine and riverine waterfronts of the county. B. The band Use Plan encourages access to public trust waters 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated B. If any of the conditions imposed by this special use permit shall beheld invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other- 1) Per site plan 2) All other applicable federal, state and local laws. Ordered this 4th day of January, 1999. so a a,.A . William A. Caster, Chairman Attest: r rA TA M �PAY( ` W "A zwq� F -1 ", �;tpzl HPR•09-200T 11:98 Fr pm: tpe91066t3689 P.6�10 . ie Register Place S/D Perm;? tf110.99 Page 4 of 4 ADDITIONAL, CDNDfflONS atifergl 17) T103Permit does not authorize any dredging, either bylradidonal moons or by " kiekingo with Propellets, Any future rcqueet for dredging of [his Permit. in ltie project area will requiro a major modification ` i'•! rt ' 1 S)�' No excavated of 611 materials will be placed at any time even temporarily, in any vegetated "' i • `wadands or apeo view evens i'. - 19) This permit does not sutbo&c the inrerfereeoe with any exish7tg or proposed Federal Project, and t6o punmittee shall not be e%Wtdto competgedon for damage or injury to the authorized smWure or work which may be Caused from existing or Mn operatioris undemleeti by the United States in the public interest. PLATE: The pentrittee is en couraged to preserve as much &MAcd highground area es possible, PIL1TEt , 31e permittee nadlor Ids aantmctor is urged to meetwith a repreaenof Divisio prior to project Initiation, tdtive the n NOTE' Tho permitted is encouraged to contact the New Hanover County Mosquito Control On (910) 341-4148 to discuss mosquito omoml m .gvres. lee at rL4TE: The N.C. Division of Water quality has assigned the proposal 990b3B Project AWQ Projoct No. P1 M Ibe U.S. Army Corps of Engineeto has assigned the pmpoaed pmjact COE Action Td. No, IM00249, P1= New Hanover County aathorlzed the menna faeility by way of Special Use P=h # 437, which was issued on 1109. )YQT$: Future developmemof the peimittee's ptopetty, including but not Waited to single iWIY Lome ooas¢vedon LsroY require a modtficatioe of this permit. Contact a representative of the Division at (910) 305 3900 prise to tbb aommeaoentem: of any snob activity for this determination. JAM I 0 20go y 1 COASTAL M ANAQE JE;47 Register Place Estates HOA Page 5 The proposed offshore sill would result in the filling of 1,260 ft2 of Estuarine Waters and Public Trust Area. The proposed sill would also block the flow from the natural "pond" feature nearer to the shore, within the Coastal Wetland area. The proposed shoreline stabilization would result in the filling of 4,725 ft2 of high ground area in the Coastal Shoreline and ORW AECs. According to the application, the proposed shoreline stabilization would not fill any Coastal Wetlands, however, there appear to be naturalized areas within the existing remnant riprap and the area proposed for additional shoreline . stabilization. Short term increases in turbidity can be expected during construction of the proposed structures and dredging activity. Submitted by: Courtney Spears Date: 3127/18 Office: Wilmington V"'evi `L AA1 CPIVC $: �i✓ s tar �2I Co AJ 5 /ISS:51.4 /81/},dA �`Q S COOArJ.No4�O� lo of x I 74. 1w C:d,A,VJ✓e l 7A5 ; $ �E.e e n31 / N A4CA w��aQL Ilk Tie rR,j pabd $ /1 i L,Ji// block ThP rlo"' uJ r. al rt � ' i �ti , n+(rr' ti r �� ✓� � f � � 4 � ti L , S ` "4 tr r / } � i 1 y A + �.,� r �_7.: I.zx.,A' ,c.� �3' iy'/are ` �tl 1,r{��r�1'/��,�f}�IFSuR�� ' _"�- �/• 1Lr F'�.Irt".�L!@,."'•9�'"eC + ' ' 1� r r ,1 { I 1 �1 . L.!' 'S .' y 1 !*, Ij 1 F ' �'• 1 Y1,1 `E Ifii > J" j . ��N Ir r�w�y` 1. 1 r •C`f ii � . I JI•Y :A=•+� +1(� M/ _ fix l I �r _ _ '' •.. /_ _� _ .. .._al '1 .. j ,�i • .] 1 i u yOF'Y`.. u. p ,r�',j1,�,3 ,"�'Cs .�'-.-:ice-f_N.'�„ , ,�� � � ,✓ • , �i' f, I !a o p 2. 1 i 'i: - I wo: 1�44 r4p ly),Atq 5 k I A,41J 16 A' A It".50.61 ?AOPeA+-1 IL of z mA50o,J O a/ M,:p�,,l PAOIOeA0. y 5 °fv� l ✓e c,15here s . ks bFzi N S MhXc,h )AIVJ ON 41h 5"ddl% rAofe A+ ,) /r/OAA k 4-0 sU �,4 k - ly aF Z I Red: 5 le,2, Q'oc .0- �o �kQ S o,, -k,% Ito 6F z I A 90 foot by 14 foot pile of concrete, rock and granite is a breakwater that will kill all the marsh behind it and destroy the pristine waterfront of the Allison property along with the tidal marsh at Register Place Estates. The applicant has applied for a 90 foot by 14 foot sill. A 90 foot by 14 foot pile of concrete,rock and granite is not a still Sills A sill (a.k.a.: Marsh Sills or Sheetpile Sills, previously known as Marsh Enhancement Breakwaters) is a shore -parallel, wood or rock structure that is designed to protect existing or newly planted wetland vegetation. A sill is placed offshore of existing marsh to help reduce the erosion of the waterward edge (escarpment). If there is not marsh already on the property, a sill Is placed just offshore of where marsh would or could grow and is planted. The sill helps to protect the marsh by dissipated enough wave energy so that the marsh can establish. Once established, the marsh grasses dissipate wave energy and wave height through friction and drag, and thus help to reduce erosion further inland (usually on the high ground). Marsh vegetation also increases the marsh habitat and provides food for the lower organisms such as algae and seaweeds, finfish and shellfish, mammals and shorebirds. This stabilization method can be permitted through a LAMA Major or General Permit. Classic Breakwater A breakwater is a large pile of rocks built parallel to the shore. It is designed to block the waves and the surf. Some breakwaters are below the water's surface (a submerged breakwater). Breakwaters are usually built to provide calm waters for harbors and artificial marinas. Submerged breakwaters are built to reduce beach erosion. These may also be referred to as artificial "reefs." A breakwater can be offshore, underwater or connected to the land. As with groins and jetties, when the longshore current is interrupted, a breakwater will dramatically change the profile of the beach. Overtime, sand will accumulate towards a breakwater. Downdrift sand will erode. A breakwater can cause millions of dollars in beach erosion In the decades after it is built. R op 2 t ,2m FOC111 ®CM MP-2 (Excavation and Fill, Page 2 092) 3, SHORELINE STABILIZATION ❑This sect)bn not applicable > (it developmentds a wood. groin, use MP.4 —Structures) " a. Type of shoreline stabilization: b. Length: Riorao - 315V Sill - 90' ❑Bulkhead ZRlprap ®Breakwater/Sill ❑Other:_ Width: 111orao-10'to 151 Sill-14' c. Average distance waterxard of NHW or NWL: Riprep - 5' / Sill - d. Maximum distance waterward of NHW or NWL: Rip rap -10' /Sill 55' - 80, e. Type of stabilization material Class II granite rip rap g. Number of square feet of fill to be placed below water level. Bulkhead backfill ^ Riprep 650 BreakwatedSIII1013 Other_ I. Source of fill material. Quarry f. (1) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (11) If yes, state amount of erosion and source of erosion amount information. 2-3 Ieet, boat wakes and storms h. Type of fill material. Class II granite rip rap 4. OTHER'RLL ACTIVITIES ,; ❑This section not applicable (Excluding Shoreline Stabilbstion) a. (1) Will fill material be brought to the site? []Yes []No ❑NA b. (1) Will fill material be placed In coastal wetiands/marsh (CW), If yes, (il) Amount of material to be placed in the water (Ili) Dimensions of fill area (iv) Purpose of fill - SUbmergeo aquatic vegetation (JAV), Snell bottom (bti), 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 the fill in these areas: & GENERAL � a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dregline, controlled? backhoe, or hydraulic dredge)? Stored on barge. Turbidity curtain If condition of permit. Barge, excavator and bobcat c. (1) WIII 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. d. (1) WIII wetlands be crossed In transporting equipment to project site? ❑Yes ®No ❑NA (II) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. jAppkcant Name !ZApphcantSignature 252.808-2808 n 1.8884RCOAST :: vi ww.nccoastalmanagement.net revised: 12/26/06 Huggett, Doug From: Karen Allison <allisonsurfboards@ec.rr.com> Sent: Thursday, July 5, 2018 3:46 PM To: Huggett, Doug Cc: tracys@nccoast.org; Spears, Courtney; Coats, Heather; Gregson, Jim Subject: [External] Register Place Estates Attachments: DSCF6153.JPG; DSCF6154.JPG; DSCF6156.JPG t.� v iPI4 law aft �� ��'�... , _ � •.1j;�' �. _ t. _ r la II11 r it i telI; 1 y �11µ'. Rr�r SS''f•�"�� , �.t , Al 11 i���{I(� A r� �.4 k�i�tr } 1i, tix�'- v r..r� r• � ..F f t � ,. Ali IF�� !1 � - - ��• � � 1 �� � l i Ii 1 +u�� m ,IIIlop =t1 Huggett, Doug From: Robert McClaskey <robmcclaskey@gmaitcom> Sent: Thursday, July 5, 2018 11:51 AM To: Tracy Skrabal Cc: Huggett, Doug; Kara Thomas; Julie; Hank Gerock; Brandon Fulton Subject: [External] Re: Register Place Project and site visit for tomorrow Tracy: I look forward to seeing you Friday to review specifics that the Coastal Federation would advise RPE to protect its northern peninsula. Our intent was not to restrict flow to the artifact of the man-made boat basin that is now referred to as a natural pond, but to allow us to protect our property from further erosion. I am confident we can resolve this in a manner we both find mutually beneficial. Regards, Rob McClaskey Zimmer Biomet Territory Manager Wilmington, NC 910-470-9942 On Thu, Jul 5, 2018 at 11:22 AM, Tracy Skrabal <tracysgnccoast.org> wrote: Hi Rob- Following up on our conversation from Tuesday. I'm looking forward to meeting with you and your consultants tomorrow at 4pm. I want to make sure you understand that I cannot design a project for your site without a proper field study, but I am very happy to discuss my concerns about the existing proposed structure, and also concepts for alternatives that I believe will provide stabilization there without blocking the tidal flow to the adjacent coastal marshes and tidal ponds fronting both your lands and the Allison property. If you decide to modify this portion of your permit app, your consultants will need to do the field assessment and re -design of the project. As we discussed, I'm forwarding you some relevant documents, that I received from the NC Division of Coastal Management and the Allisons. You all should have all of these as well, but I'm not sure to whom they were sent as the Applicant. In any event, here they are: 1) The Major CAMA Permit application; 2)The project narrative that was sent to the Adjacent property owners (relevant text about the sill and its purpose is highlighted on page 5; 3) Field assessment of the project by Courtney Spears (with DCM), confirming probable impacts to marsh and ponds from sill; 4) Comment letter from Curt Weychert, the Division of Coastal Management's Fisheries Resource Specialist, stating his concerns about the proposed project. If you have any questions or need to talk with me prior to our field meeting, please call me. I do believe there is a win -win solution here that allows you to achieve your project goals. Thanks again for the invite to meet with you. Best, Tracy Tracy E. Skrabal Coastal Scientist\ Southeast Regional Manager 309 W. Salisbury Street Wrightsville Beach, NC 28480 Ph: (910) 509-2838 (0) (910 )231-6601 (cell) Fax: (910) 509-2840 Visit www.nccoast.org to join or learn more. Join us for the 2018 Pelican Awards and Taste of the Coast July 28" in Morehead City www.nccoast.or¢/celebrate .4 North Carolina Coastal Federation a"kWTvpdw*oHeQft ycoot Please consider the environment before printing this email Huggett, Doug From: Karen Allison <allisonsurfboards@ec.rr.com> Sent: Thursday, July 5, 2018 3:28 PM To: Huggett, Doug Cc: tracys@nccoast.org; Spears, Courtney; Coats, Heather; Gregson, Jim Subject: [External] Register Place Estates Attachments: DSCF6122.JPG; DSCF6123JPG; DSCF6125.JPG; DSCF6126JPG Dear Mr. Huggett, It was kind of you to take time out of your busy schedule to meet with us. During our meeting you asked us if the channel feeding our marsh is navigable. Historically it was the channel that Mr. Register used to access his property by boat and it connected to our channel in front of our house. Today we decided to take the canoe out in that direction and see if it is still navigable. Will launched the canoe 50 feet inside our property line. We discovered large cedar tree limbs cut from the tree on the applicants land deposited in the channel. After pulling the large limbs out of the channel we discovered that it is still very much navigable by canoe, kayak and stand up paddle boards. We will be able to bring our john boat through the channel on a very high tide. It is much deeper than we realized and we may start using it. Attached you will find some of the photographs of Will navigating the channel. I will send more in a separate email. Thank you again for your time, Karen and Will Allison �-. , � � �- � '��, Zi -i�� f' '' ` C .��� �,1, � '� � '� _ _ r t � i � r ,., ,�, � ,�.}� 'in- -- , '�.. � r� r �, ��� - � � � �• - �: � 7� y �� � i, / / �� t„ � --+- � C-: , � � .Aogr— , I . j f� V loommillk; - Huggett, Doug From: Karen Allison <allisonsurfboards@ec.rr.com> Sent: Thursday, July 5, 2018 3:41 PM To: Huggett, Doug Cc: tracys@nccoast.org; Spears, Courtney; Coats, Heather; Gregson, Jim Subject: [External] Register Place Estates Attachments: DSCF6148.JPG; DSCF6149JPG; DSCF6150.JPG; DSCF6151.JPG IV ' r v. d. I r �ii1. ,a?Y iv yw_e U`� i .r L "Wall or 444 Ir-- T r .4A / (Iow�-t JZ Cf J`. LAY / i y.� , t pU. l w •-�,t , _ of t 4 ;�' TTT i'POP i4p K 1 \ J 1 III i i oi AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Malcom Thaden Mailing Address: 7301 Shell Midden Court Wilmmpton NC 28411 Phone Number: 910-681-3694(h)910-547-9842(c) Email Address: mthadenCec rr com I certify that I have authorized ECS Carolinas LLP/Jason Hales Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Register Place Marina repairs modification basin excavation and shoreline stabilization at my property located at 1834 Register Lane Wilmington NC 28411 , in New Hanover County. / furthermore certify that / am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: 1171, "AM01 M�iO4-_ r'dLnf lHyW1''j Print or Type Name Title it 17 Date This certification is valid through 11 / 23 / 2018 RECEIVED RECEIVED APR 0 5 Z018 DCM WILMINGTON. NC MHD CITY Scanned by CamScanner 0 = T, W U J v � U CAMA PERMIT APPLIECFOR To reconstruct & expand t e ex►st►ng co fac 18 Wilmington, New Hanover County COMMENTS ACCEPTED THROUGH Aril 22 Z418 APPLICANT. FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Courtney Spears, Field Represen a ive 910-796-7423 e..unf• _lacnn Malec (9i01 ROY COOPER Governor MICHAEL S. REGAN Secretary y BRAXTON DAVIS Coastal Management nbeeror ENVIRONMENTAL OUALITV March 27, 2018 ECS Southeast, LLP cto Jason Hales 6714 Netherlands Drive Wilmington, NC 28405 Dear Mr. Hales: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Register Place Estates HOA, for State approval for development of the subject property located at 1834 Register Lane, adjacent to Middle Sound and the AIWW, near Wilmington, New Hanover County. It was received as complete on March 15, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 29, 2018. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 15, 2018, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An 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. Si(ldRepresent CSpears Fi i: Heather Coats, DCM Tyler Crumbley, COE Doug Huggett, MHC Chad Coburn, DWR Registers Place Estates HOA, Applicant RECEIVED APR 0 5 2018 State of North Carolina I Environmental Quality I Coastal Management g " - - M H ® CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY March 29, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: Register Place HOA / New Hanover County Hello Angie: Please publish the attached Notice in the Sunday, April 1, 2018 issue. ROY COOPER Govemor MICHAEL REGAN Secretary BRAXTON DAVIS DRELYOr 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, Shaun K. Simpson Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM RECME® APR 0 5 2018 State of North Carolina I Environmental Quality I Coastal Management �pyt !� H ® CITY 127 Cardwal Drive Eat., Wilmington, NC 28405 D Cj M NIHD 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On March 15, 2018, Register Place HOA proposed to improve and enhance an existing community docking facility at 1834 Register Lane, adjacent to the ADM in Wilmington, New Hanover County. A copy of the application 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 April 22, 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. RECEIVE.® APR 0 5 2018 State of North Carolina I Environmental Quality I Coastal Management pn H p CITY 127 Cardinal Drive En., Wilmington, NC 28405 D C •' 910-796-7215 FOR REGISTRATION REGISTER OF DEEDS REBECCA T CAR ISTIAN NEW HANOVER COUNTY, NC 2003 APR 16 01:47:58 PM B0740 PG 957-959 FEE $17 00 14TMJ � 46034P K 2003022153 Draftsman DAVID C BAREFOOT ATTORNEY AT LAW 107 N 2n° Street, Suite C P 0 Drawer 1766 Wilmington, North Carolina PARCFl Nn Pi- Rf9tl�Q%—��/--QQ$�+OY710 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER WARRANTY DEED THIS DEED, made and entered into this .�` day of April, 2003, by and between BG/REGISTER PLACE ESTATES, LLC, a North Carolina Limited Liability Company, (hereinafter called "Grantor"); and REGISTER PLACE ESTATES HOA, INC. (hereinafter called "Grantee"), whose mailing address is: 6131 OleanderDWllmmaton NC 28403 (whether one or more persons, firms, or corporations). 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. WW11NE_SSETH: THAT the said Grantor, in consideration of the sum of TEN ($10 00) DOLLARS, and other good and valuable considerations paid to it, receipt of which Is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, the following described lands located in Harnett Township, New Hanover County, North Carolina, and being more particularly described as follows. BEING all of the Common Area of Register place Estates, as shown on the plats thereof recorded in Map Book 39 at Pages 320 & 321 as modified by the plat recorded In Map Book 40 at Page 8, New Hanover County Registry ("NHCR"), including the Community Boating Facility, and being all areas shown on said plats except the lots numbered 1 thru 18, and 23 thru 26, Inclusive and 19R, 20R, 21 R, and 22R, and including, without limitation, those areas designated as Parcel A Common Area and Parcel 8 Common Area, and all right, title and interest of Grantor In all streets, easements and rights of way as shown on said plats. SUBJECT TO that certain Declaration of Covenants, Conditions and Restrictions, Register Place Estates, recorded in Book 2734 at Page 0740, NHCR. TO HAVE AND TO HOLD the above granted and described lands and premises, together with all and singular, the rights, privileges, easements, tenements, duties, obligations and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, In fee simple, FOREVER �Q �7"�E�� U PAV1C� +fie 2e-'06 1 (RECEIVED DCM WILMINGTON, NC APR 0 5 2018 DCM- MHD CITY AND said Grantor covenants with the Grantee that the Grantor is seized in fee simple of the above granted and described premises, and has good right to sell and convey the same in fee simple, that the title is marketable and free and clear of all encumbrances, except as herein set forth, and except for ad valorem taxes for the year 2003, and usual utility easements and rights of way of record, and that said Grantor will WARRANT and DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, Grantor has caused this deed to be executed In its Company name by its duly authorized Member and has adopted as its seal the word "SEAL" appearing at or beside his signature line, all the day and year first above written. BG/REGISTER PLACE ESTATES, LLC, By: NGILN, LLC, Member By: �1i�"--�� Charles N. Garrett, Jr., Member/Manager (SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW�H+ANNO�VER m 1, NIC �" ` ` " ;�'d' , a Notary Public for the State and County aforesaid, hereby certify that Charles N Ganett, Jr personally appeared before me this day and acknowledged that he/she is a Member/Manager of NGILN, LLC, a Ilmhed liability, company, a Member of BG/Register Place Estates, LLC, a limited Ilabil'tty company, and he further acknowledges that he has signed this instrument in his capacity as Member/Manager of NGILN, LLC, Member of BG/Register Place Estates, LLC, and that he is duly authorized to so act for and on behalf of said Company WITNESS my hand and seal this 1Y da of AoGll- Y -Allay, 2003. P M Notary Public y C,q miss n Ex it s• (NOTARIAL EAL) E \S MEWEEDSV* ' flee- E"~0 LM14 C-M 050102 d � p'1i ApY ." L PUB00 RECEIVED DCMRECEIVED WILMING ON, NC APR 0 5 2018 DCM- MHD CITY REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Flied For Registration: Book: Document No.: WILMINGTON, NC 28401 04116/2003 01:47.58 PM RE 3740 Page: 957-959 2003022153 DEED 3 PGS $17.00 Recorder: AMANDA WEIR State of North Carolina, County of New Hanover The foregoing certificate of REBECCA M BAREFOOT Notary Is certified to be correct. This 16TH of April 2003 REBECCA T. CHRISTIAN , REGISTER OF DEEDS DeputyUeststr4 Register of Deeds YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING, *2003022153* RECEIVED 2003022153 RECEIVED DCM WILMINGTON, NO APR 052018 15701.8 r ,mMHDCITY Jason C. Hales From: Adam Knierim <adamknierim@gmail.com> Sent: Thursday, November 09, 2017 1:12 PM To: Jason C. Hales; Rob McClaskey Subject: Fwd: Disposal Island Use - Registers Place Jason, Please find the email below authorizing use of the Northeast New Hanover County Conservancy Disposal Area. Please give me a call if you have any additional questions or concerns. Thanks again. ---------- Forwarded message ---------- From: bushardt <bushardt(a,bellsouth.net> Date: Thu, Nov 9, 2017 at 11:55 AM Subject: Re: Disposal Island Use - Registers Place To: Adam Knierim <adamknieriml&zmail.com> Adam, Please consider this authorization to proceed. Thank you Paula Bushardt President Northeast New Hanover Conservancy On Thursday, November 9, 2017 10:20 AM, Adam Knierim <adamknierimAgmail com> wrote: Paula, Hope all is well. As discussed, I am writing to request authorization to place approximately 4,000cy of sandy material derived from the Registers Place Project on the Northeast New Hanover Conservancy Disposal Area located on Nixon Channel. It is understood that authorization is valid only for Coastal Earthworks and/or Maritech for use of the property. An emailed response granting authorization is sufficient for permitting purposes. Thanks again for your time and consideration. Please give me a call if you have any additional questions or concerns. Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle Drive Hampstead. NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4058 ? 5 2018 RECEIVED DCM WILMINGTON, NC aAR 1 5 2018 v„1D CITY ■ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Dellvery is desired. ■ Print your name and address on the reverse so that we can return the card to you. III I III'lllll III II IIIIIII IIIIII IIIIII IIIII�III �11I1S0✓�1 �UU�t�m 19�P Cr1°ek, 2ur, v� tw" MC, A. Signature - ,�}� 1t N ❑ Agent % X /)fir /r . rz- 13 Addre, B. Received bi(printed Nama� I C. Date of Deli is deliveryaddress different from item 1? Llyes If YES, enter delivery address below: ❑ No 3. Service Type L?'f ertifled Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Ra MCted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7016 2710 0000 9255 4553 (Transfer from seM PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M454D I ■ Complete Items 1. 2, and 3. Also complete RRestricted 4 if RestriDelivery is desired. ■ Print your name and address on the reverse 1, /lnlcln rwu,eaae.. .� Sohn J - L ait 1665 Mice sau-d LCP W. t3i t lm u'@, k3C22-40( 2. Article Number (rmnsfaf from swvke 1abe0— PS Form 3811, February 2004 A. Signature ❑ Agent x ❑ Addressea B. Received by ( Printed Name) C. Date of Delivery D. Is delivery address different from item 17 ❑ V85 It YES, enter delivery address below: 0 No 3. ServlCe Type 0 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Exee Feel ❑ Yes 7017 1450 0001 2696 2814 Domestic Return Receipt RECEIVED APR 0 5 2018 1025ge.p.WIS40 RECEIVED DCM WILMINGTON, NC MAR 15 2018 D^MHD CITY RIPARIAN NOTIFICATION FOR CAMA MAJOR PERMIT APPLICATION Register Place Estates 7316 Shell Midden Court Wilmington, NC 28411 Certified Mail — Return Receipt Requested 2/20/2018 Allison William Todd 1970 Deep Creek Run Wilmington, NC 28405 Allison William Todd: Register Place Estates is applying for a CAMA Major permit for maintenance excavation of their marina basin, shoreline stabilization, transient dockage and maintenance of the manna facility. The specifics of the proposed work are in the enclosed application forms 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 to District Manager Debbie Wilson, Wilmington District, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 910-604-0462, or e-mail me at jhales@ecslimited.com. Sincerely, ECS SOUTHEAST, LLP =1 I Jason Hales Senior Project Manager 910-604-0462 jhalesaa,ecslimited.com W. Brandon Fulton, LSS, PSC, PWS Environmental Principal 704-525-5152 bfultona,ecslimited.com 0 m � n � � m v ,o -C RECEIVED DCM WILMINGTON, NC MAR 15 2018 RIPARIAN NOTIFICATION FOR CAMA MAJOR PERMIT APPLICATION Register Place Estates 7316 Shell Midden Court Wilmington, NC 28411 Certified Mail — Return Receipt Requested 2/26/2018 John J Laze 1835 Middle Sound Loop Road Wilmington, NC 28409 John J Lare: Register Place Estates is applying for a CAMA Major permit for maintenance excavation of their marina basin, shoreline stabilization, transient dockage and maintenance of the marina facility. The specifics of the proposed work are in the enclosed application forms 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 to District Manager Debbie Wilson, Wilmington District, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 910-604-0462, or e-mail me at jhales@ecslimited.com. Sincerely, ECS SOUTHEAST, LLP (L-4� q44 7�'-o0,0G0k Jason Hales Senior Project Manager 910-604-0462 ihalesna ecslimited.com W. Brandon Fulton, LSS, PSC, PWS Environmental Principal 704-525-5152 bfulton(aecslimited.com n M 0 o M N O \ n N M RECEIVED DCM WILMINGTON, NC MAR 15 2018 SIGN UP SHEET SCOPING MEETING Register Place Estates Scoping Meeting New Hanover County 4/4/2017 Name Agency Phone Email Cameron Weaver NCDEQ-DEACS 910-796-7303 Cameron.Weaver(d ncdenr.sov Robb Mairs DWR-401 910-796-7427 Robb.Mairsl7d ncdenr.eov X Tyler Crumbley USACE 910-251-4170 Tvler.Crumblevnd,usace.army.mil Curt Weychert DCM Fisheries 252-808-2808 Curt.Wevchertnd,ncdenr.gov *Maria Dunn WRC 252-948-3916 Maria.Dunn/7d,ncwildlife.org Debbie Wilson DCM 910-796-7266 Debra.Wilsonnd,ncdenr.eov X Kathy Matthews USFWS 919-856-4520 x 27 Kathryn MatthewsAfws. ov *Ken Riley NMFS 252-728-8750 Ken.RilevAnoaa.gov Shane Staples DCM-Fisheries 252-948-3950 Shane.StaolesAncdenr.eov X Linda Lewis DEMLR-SW 910-796-7343 Linda.Lewisl7d,ncdenr.eov Courtney Spears DCM 910-796-7423 Courtney. Spearsdnncdenr.gov Jeremy Humphrey DMF-Shellfish 910-796-7367 Jeremv.Humuhrevl7d ncdenr.eov Ken Vafier NHC Planning 910-798-7281 KVafierabnhc og v.com Cory Darnell ECS 919-861-9859 CDarnellCa.ecslimited.com Heather Coats DCM 910-796-7302 Heather.Coats(a)ncdenr.gov Malcolm Thaden Register Place HOA 910-681-3694 MThadenAec.rr.com Brandon Fulton ECS 704-525-5152 BFultonAecslimited.com Ryan Horne Register Place HOA 910-512-4114 CRvanhome(&,,email.com Rob McClaskey Register Place HOA 910-470-9942 Rob.McClaskev(d,)email.com *Conference line X Not Available NCDENR RECEIVED WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE APR 0 5.2018 WILMINGTON, NC 28405 910-796-7215, FAX 910-350-2004 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAR 15 201P dj CAMA MAJOR DEVELOPMENT PERMIT APPLICATION REGISTER PLACE ESTATES MARINA NEW HANOVER COUNTY, NORTH CAROLINA ECS PROJECT NO. 49-3677 Prepared for: v � REGISTER PLACE ESTATES HOA 0 m v A by: c mPrepared ECS CAROLINAS, LLP o_ m March 15, 2018 0 w v RECEIVED RECEIVED DCM WILMINGTON, NC MAR 15 2018 OR 15 2018 NCDEQ WILMINGTON RO TABLE OF CONTENTS 1.0 PROJECT NARRATIVE........................................................................................................3 1.1 Development History and Use...........................................................................................3 1.2 Water and Land Use Classification...................................................................................4 1.3 Proposed Development.....................................................................................................4 1.4 Scoping Meeting Comments and Proposed Project Actions..............................................5 1.5 Project Design Review - November 2017..........................................................................6 2.0 CONCLUSIONS....................................................................................................................7 FIGURES Figure 1 — Site Location Map Figure 2 — Current Condition Map Figure 3 — Proposed Project Map Figure 4 — Dredge Footprint Reduction Map Figure 5 — Depths Comparison Map Figure 6 — Proposed Dredge Depths Map APPENDIX I Proposed Dredge Depths Cross Sections Map Register Place Estates — Utilities, Grading and Drainage Plan — October 22, 1998 Hydrographic Survey - February 14-16, 2017 Scoping meeting sign in sheet (4/4/2017) PNA Map Disposal Area Property Owner Authorization Disposal Area Location Map APPENDIX II Form MP-1 CAMA Major Development Permit Application Form MP-2 Excavation and Fill Form MP-4 Structures Agent Authorization Form Previous Permits Deed Certified Mail Return Receipts from Adjacent Riparian Property Owners Notification SAV Survey Report APPENDIX III RECEIVED RECEIVED DCM WILMINGTON, NC APR 0 5 2018 MAR 15 2018 2 DCM-, MHD CITY WR i:I,W-1 11:47 From: rr:91(3EE13624 F.2 10 Permit Class Pcmtt Numbor MODMCATION/MTNOR STATE OF NORTH CAROLINA I20 99 Department of Envifotuncnt and Natural Resources and �y Coastal Resources Commissions i3Ermit RJUU` 2 y 2w X for War pmcntIn ofEnvimnmcntalConccr"COASTAL I+OF pursutuntioNCOSIt3A.118MANAGEMD Cxcavaion andlor filling pursuant u) NCOS 111.229 Issued to Register Place S/D, e/o BG Partnershlp 6314-A Oleander Drive Wilmington, NC 28403 authorizing development to New Flunover County al MIddIC Sound and AIWW, raid Middle Sound Lewp Road . us n>qucsicd in the Permlacca opplica on. dated letter dated 4/24/00. Ms permit, issued on //1 d /w is sub.'ea to compliance with the applicauort (where consistent will) the permit), all applicable regulations, ppeeial conditions and notes eel foM helow. Any violaunn of thcae tennis may be Subject to a fine, imprisonment ur civil actinn, ur may cause the rermit to he null and vain 111h )L:"" I l) this minor modification authorizes a 10 foot extension of the previously authorized community docking facility. In no case shall the docking facility extend closer than 140- from the near shore edge of the federally malnmined AIWW channel. 2) This minor modification must be anaebed to the original of pe mit No. 1 ! 0-99, which wus a^ cndcd on 12/23/99, and all documents must be rendily available on site wher o Division representative inspects the protect for compliance, All conditions and stipulations of the active permit remain in force under this modification unless altered herein This perrdLaction may be appealed by the p:rmince or other qualified persons within twenty (20) days of the issuing dote. An appeal requires resolution prior to work iNdatlon or continuance, its the case may be. This permit must be accessible on -slat to Deparianem oersotusel when the project is inspected for eompilancc, Any maintenance work or project modl0cmion not covered he rounder requires further Department nl approval, All work must cease when the )esmitexplrcs on December 11. 2002" " In issuing this permit, the Stmc or North Cirolins agates Jsal your project is consistent with the North Carolina Coastal Management Program, Signed by the aulhoriry of the Secmlary of DENR and the Chairman of the Coastal Resources Commission. s' ✓ Do o hg trcclnr ,vision o. Coastal Management This permit and its conditions are hereby nccepteo. Signature of Pemtinee DECEIVED APR 0 5 2018 RECEIVED DeM-W I LMtNCTON,-NC MAR 15 2018 DCWi- MHD CITY "OP-04-POU 11:47 r,o,! PCrmIL Chss AMENDED Tc:9106©1369q P.3110 permit Number STATE OF NORTH CAROLINA 110.99 Department of Environment and Nature! Resou r and 1ia���y li'l 1 Coastal Resources Commission I� i9primit JAN 1 0 2000�JJ for �. DIVISION OF XMajor Development In an Area of Environmental CoCOASTAL MANAGEMENT pursuant toNCOS 113A-118 Excavadon and/or filling pursuant io NCGS )13-229 Issued to Register Place S/D, c/o BG Partnership, 6314-A Oleander Drive, Wilmington, NC 28403 Whonring development in New Hanover County m Middle Sound and AIWV, end Middle Sound Loop Road , os requested in the pc"itia 8 upplicauon dates 4/16/99 includingetieched workplan drawings, 5.7 of 9 dated 4/16199 and Supplemental Sheet 1 doted 4/28/99. 'This roil. issued on !�/J.3/4 y pe , is subien in compliance with the'wrilication (whcR consistent wism, the permil), all applicable rcguhuions, special conditions and notes net fnnh hCIDw. Any % iuluuon of oscse icons muy tic WNW to a fine, imprisonment or civil aclivn: or muy cause do permit Lo me null and void. Community Marion 1) In order for the pro)ect to be found consistent with A) Tl5A;07H.0208(b)(6)(D),which allocates the Proposed slntcaue a maximum of 4 squnre feet of plalfnrrn space per linear foot of shoreline, and B) TI5A:07H.0208(b)(5)(D),which allocates the proposed communitydocking fact Ii ry a maximum of 27 square feet of public trust area usurpation per linear foot of shoreline, the shorelines for lots 19. 2D and 21 were utilized in determining these allocations. Therefore, no additional docking facilities will be allowed off of rhese three lots, either now or in the future, 2) To enstLre compliance with ConditionNo. I of this penrit, the permiftesball place deed restrictions on lots 19,20 imd 21 prohibitingthe construction of any pier or docking facilities originating from these lots. The deed restrictions shall be reordered with the New Hanover County Register of Deeds prior to the initiation of any activities authorized by this permit, and a copy of the recorded deeds supplied to the Division of Couetal Management. l his pennit�aebon may be appealed by the permitiee or other qualified persons width twenry (20) days or she issuing date. An appeal rcqulres resolution prior to work Inhimion orcondnuancc, as tee case may be. This,Fennit must be accessible on-dte to Department Personnel when the project is inspected for compliance. Any maintenance work or projCCL modlficodon not covered hcreundterrequirelsLaflutr{thherDepartmental approval, A11 woAecCmber�Iw2Uo2 �miIL C%plRs on In issuing this permit, the State of No" Carolina agrees that your project is consistent with the NoM Carolina Coastal Monsigement Program, Signed bythe authority of the Secretory of DENR and the Chairman of the Coastal Resources CUmmi60 ie0 . Donna r) o fln,�eraor Division of Coastal Management This permit and its conditions are hereby accepted, Signature of Pcminue RECEIVED APR 0 5 2018 RECEIVED DCM WILMINGTON, NC MAR 15 201 DCW, MHD CITY PP9-04.20e7 11:47 From: Tu:91eSS13694 P. 4'10 . _ — - - ._. Register Place" an ADDITIONAL CONDITIONS Permit to)10.99 Page 2 of 4 3) To ensure that no violation of theriparian tights of individual lot ownem takes Place, the authorized docking facility must either be constructed prior to the selling of lots 19, 20 or 2) , or the permit must _ be modified to include the now property owners as co -applicants. NOTE! r The perminee is advisedthet should the pier facility need to be replaced in the future, the owners " of lots 19, 20 and 21 mutt also apply as co•applicants due to the t:ncroactlment of the new ' docking facility into the riparian corridors of these properties. 4) In order to ensure that a closure of waters open to the taking of shellfish does not occur adjacent to the project site, and in keeping with comnutments made in the pelTnittee's Environmental Assessment, the facility may not be occupied by boats over 24 feet in length, by boats with heads or boats with cabins. S) The pier and associated structures shall have a minimum setback distance of 15 feet between any Pam of the saucatre and the adjacent property owner's riparian access corridor, which is determined by drawing o line parallel to the channel, then drawing a lint perpendicular to the channel line thot intersects with the shore or the point where the upland property line meats the water's edge. 6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using tha marina Any sewage discharge at the manna shall be considered a violation of this permit for which the perrninee is responsibie. This prohibition shall be applied And enforced throughout the entire existence of the peraritted structure. 7) This Perrot authorizes only the docks, piers, and other strucrures 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, may become a permarnent pare o: this marine without permit modification. No non -water dependent uses of structures may be conducted on, in or over public cast waters without permit modification. 9) No portion of the project may be located nearer than 80 feet from the near edge of the federally maintained Atlantic Intracoastal Waterway channel. 9) No attempt will be made by the peraniree to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work --�\ I 011416wty OF COASTAL MAMAGE,%IENT RECEIVED RECEIVED APR 0 6 201$—D�IL,6AWGTON, NC MAR 15 2018 DCM- MHD CITY WR-04-2007 IIA8 From: to:5:86r-+1 _s699 P.s�tu Regfstcr Plate S/D Permit 01I10-99 Past 3 of 4 ADDITIONAL CONDITIONS 10) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 11) 71e permitft will maintain the authorized work in good condition and in conformance with the terms and conditionsof this permit. 'fhc perminee is not relieved of this requirement if he abandons the permitted activity without having it transferred io a third party, 12) The perminct must install and muintwn at his expense any signal lights or signals prescribed by the U.S. Coast C.ruard, through regulation or otherwise, on the authorized facilities, At a minimum, Permanent reflectors should be attechedto the stucture in orderto make it more visible during hours of darkness or inclement weather. 13) The Division of Water Quality approved tiers project under stormwater management rules of the Environmental Management Commissionon7/g/99(Permit No. SWg9g1117), Any violation of or deviation from the permit approved by the DWQ will he considered a violation of this CAMA permit. 14) In order to protect war= quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 15) All disturbed areas shot) be properly graded end provided a ground cover sufficient to restrain erosion within thirty days of project completion, NOTE, An Erosion and Sedimentation Control Plan will be required for this proiecc This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. If such an approval has not already been obtained, this plan should be submitted to the New Hanover County Erosion and Sedimentation Control office. Cultarnl Resource Protection 16) Prior to any ground disturbing activities within the boundaries of lots 15.26, nn archaeological survey will be conducted for lots I5-26 at the eastern end of the property, and the results provided to the NC Division of Archives and History for their review and (comment. IE EHVE JAN 10 M D ^^.erA0 asahlttACa4CMT RECEIVED RECEIVED DCM WILMINGTON, NC MAR T-5-M APR 0 5 2018 DCM- MND CITY PM-04-2007 17:48 F,,, Register Place SID Perm it#IIo•99 Page 4 of 4 ADDITIONAL CONDITIONS ftGdttal 17) , This permit does not authorize any dredging, either by traditional meruts or by "kicking" th wi propellers. Any future request for dredging in the project area w ll require a major modification Of this permit. Nq excavated or fill materials will be placed at any time, even tempoT.atily, in any vegetated wetlands or open water areas. 19) This permit does not authorize the interference with any mcisting or proposed Federal project, and the permittee shall not be entitled to compemarion for damage or injury to the authorized structure or work which may be caused from existing or fat Ire operations undertaken by the United States in the public interest. NOTE: The permittee is encouraged to preserve as much forested highground area as possible. iYOTF• , The pemtittee and/or his contractor is urged to meet with a represrntnnvc of the Division prior to project initiation. NOTE' The perminee is encouraged to contact die New Hanover County Mosouito Control Office at (910) 341-4148 to discuss mosquito control measures. PLATE, The N.C. Division of Water quality has assigned the proposed project DWQ Project No. 990538. NOTE' The U.S. Army Corps of Engineers has assigned the proposed project COE Action id. No. 199900249, NOM New Hanover Couoty authorized the marina facility by way of Special Use Pemit p 437, which was issued on 1/4/99. NOTE: Future development of the perminet's property, including but not limited to single family Dome construction, may require a modification of this permit. Contact a representative of the Division at (n, 395.3900 detcrmin nti on. prior to th'e commencement of any such activity for this Ily)1�1 J 1: D JAN 10 1t7G0 DIVISION OF COASTAL tb9R.NAGEMEW RECEIVED APR 0 --DCMMILMINGTON, NC ;, CM- MHD CITY PPR-04-2007 11:48 / To:9106el-%94 Ptrini Cztte / NEW STATE OF NORTH CAROLINA Department of Environment and Nntural Resources and Coastal Resources Commission Prim It P.7/to Permit Number 110.99 IE CTKIVIT .6 NOV 0 B 1999 x for Major Development in an Area of Environmental Concerrin4S DIVISION ISION OF pursuant to NCGS 113A-118 Exnvallon and/or Ill pursuant to NCGS 113.229 Issued b Register Place SID, c/o AG Partnership, 6314-A Oleander Drive, Wilmington, NC 2g403 authorizing development in New Hanover Courtly et Middle Sound and AI W W, end Middle Sound coop Road , as 2 uested in die 4/16/99 includin attachedwotkplan 9 permiueeinppheationdnred g drawings. S-7 of 9 dated 4116199 and Supplemental Sheet 1 dated 429/99. Thim permit, issued on _ 10 /a q AI , is subject to compliance with etc application (wilcm conSistoli with the pennit) rd1 upplicable regulation, special ctmdlliaus and notes set tooth below. Any violation of theta term, muy be subject to a fine, imprisonment or civil action; or may cause the permit to he null and void. Community Mnrinn 1) InorderfortheprojecttobefoundconsistentwithA)T15A:07H.0208(b)(6)(D),whicballocalesthe proposed structure a maximum of 4 square feet ofplatfonn space per linear foot of shoreline, find B) T I SA:07H.0208(b)(5)(D),wiuch allocates the proposed cam 'nullity docking facility amaximum of 27 square feet of pubtic trust area usurpation per linear foot of shoreline, the shorelines for lots 19, 20 and 21 were utilized in determining these a!locations. Therefore, no additional docking facilities will be allowed off of these twee lots, either now or in the funtre, 2) ToInsure compliance with Condition No. I of this pennh, the pernrimeeshall placedeedrestriciions on lots 19, 20 and 21 prohibitingthe conmetion of any pier or docking facilities originating from these lots. The deed restrictionsshall be reordered with the New Hanover County Register of feeds prior to the initiution of any activities authorized by this permit, and u copy of the recorded deeds supplied to the Division of Coastal Management This permiLoction may be appealed by the perminae or Other quahried persons widun twenty (20) toys of use issuing date. An appeal requires resolutlon prior to work initiation of continuance, as the case may be, This permit must be accessible on -site to Deptnrtmen personal when the project is inspected for compliance. Any maintenance work or project modification not covered hereundermqulms funkier Mparunantal mpprovai, All work mutt cease *the permit empires on Dceemb�r�l 20 )� 1 2�_ In issuing this permit. the Stale orNorth Carolina egrets dal your project is consistent with dic Nonh Carolina Coastal Menagemart Progreso. Signed by the authority of the Secretary of DGNR and the Chairmen of lho Ceatta) Resources Commission v� onn , anal, neclor ivision of Coastal Mnnogemem This penult and its conditions arc hereby oecepted. Signetum of Permiltec --REC-EIVED APR 05 2018 RECEIVED DCM WILMINGTON, NC ial;+k 15 2018 DCM- MHD CITY WR-04-2007 11:98 From: io:9!OF F3: J6va i'. J10 Register Place S/D Permit M110.')9 Pago 2 of 4 ADDITIONAL CONDITIONS 3) To ensure that no violation of the riparian rights of individual lot owncm takes place, the authorized docking facility must either be constroctedprior to the selling of lots 19, 20 or 21, or the permit must be modified to include the new property owners as co -applicants. NOTE: The Permitteeis advised that shoold the pier facility need to W replaced in the future, the owners of lots 19, 20 and 21 must also apply as co -applicants due to the encroachment of the new docking facility into the riparian corridors of these properties. 4) In order to ensure that a closure of waters open to the taking of shellfish does not occur odjecew to the project site, and in keeping with commitments made in the permittec's Environmental Assessment, the facility may not be occupied by boats over 24 feet in length, by boats with heads or boats with cabins, 5) The pier and associated structures sha11 have a minimum setback distance of 15 feet betwern any Pam of the structure and the adjacent property owner's riparian access corridor, which is detcnnined by drawing a line parallel to the chenncl, then drawing a line perpendicular to the channel line that inlersccti with the shore of the point where tilt upland property lint meets the water's edge. 6) No sewage, whether treated or untreated, shall be discharged at nny time from any boats using du manna. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible This prohibition shell be applied and enforced throughout the entire existence of the permined strucrurc. 7) This pennit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and speelficaPy set forth in the permit application. No other structure, whether floating or stationary, may become a permanent port of this mnrina without permit modification, No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. g) No portion of the project may be located nearer than 80 feet from the near edge of the federally maintained Atlantic Intracoastal Waterway channel. 9) No attempt will be made by the permirtee to prevent the full and free use by the public oral) navigable waters at or adjacent to the authorized work. EE 1999 DIVISION OF IOASTAL MANAGEMENT r"RECEI V E® RECEIVED n M�INGTON, NC APR 0 5 2018 iviAk 15 2018 DCM® MHD CITY r1RR-04-2007 :1'49 From: To:9106813694 F.9110 U Register Plate S/D lul �—' Permit N110-99 NOV 0 g 1999 Page 3 of 4 OI. A D�7T]ONAL tONDITI ONS ^.OASTAII MANAGEMENT 10) The authorized structure and associated activity must not c,use no unacceptnble interference with navigation. 11) The perminco will mnintain the authorized work in good condition and in conformance with the terms And conditions of this permit.The permineeisnot relieved ofthis requirement ifheabandons the permitted activity without having it transferred to s third party. 12) The permittee must 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 should be attached to the strucramin ordoTto make it more visible during hours of darkness or inclement weather. SInrmwnt"- Mnnnn m..„r 13) The Division of Water Quality approved this project under stnrmwAte , rAnnngement rules of the Environmental Management Commission on 7/8199 (Permit No. S W89811 t 7). Any violation of or deviation from the pennit approved by the DWQ will be considered a violation of this CAMA Permit. Stdimentntinn And Erosion QntrnI 14) In order to protect water quality, vnoff from construction must not visibly incronse the amount of suspended sediments in Adjacent waters. 15) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion withio thirty days of project compietion. NOTE, An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed of least thirty (30) days prior to the beginning of any land disturbing activity. if such an approval has not already been obtained, this plan should be submitted to the New Hanover County Erosion and Sedimentation Control office. Cultural Rccauree Prateetlon 16) Prior to any ground disturbing activities Associated with the authorized project, a archaeological survey will be conducted for lots 15.26 tithe eastern end of the property, and die results provided to the NC Division of Archives and History for their review and comment. RECEIVED APR 0 5 2018 RECEIVED DCM WILMINGTON, NC DCM- MHD CITY WR-04-?W7 11:49 cram: 7n:910E131 J694 P, 30'1B A.p.w Rcgis]cr Place S/D Permit #110.99 Page 4 of 4 ADDITIONAL CONDITIONS %1 17) This permit does not authorize tiny dredging, either by traditional means or by "kicking" with Propellers. Any future request for dredging in the project afee will require a major modification Of this permit. 18) No excavated or fill materials will be placed at any time, even temporarily, in any vegetated wetlands or open water areas. 19) This permit does not authorize the interference with tiny existing or proposed Federal project, and .hc pennirtee shall not be entitled to compensation for damage or injury to the euthorized structure or wotic which may be caused from existing or future oPeratioru undertaken by the United States in the public interest. NOTE: The permince is encouraged to preserve as much forested highground alto as possibly Norr: The permittee and/or his contractor is urged to rnen with a represenmtive of the Division prior to project initiation. b1QM- The permirtcc is encouraged to contact the New Hanover County Mosquito Can40l Office at (910) 347-4148 to discuss mosquito control measures, FOIE, The N.C. Division of Water quality has assigned the proposed project DWQ Project No. 990538. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project 199900249. CO£ Action ]d. Na. NOTE, New Hanover County authorized the marina facility by way of Special Use Permit 437, Which was issued on 1/4199. NOTE, Future development of the permtnce's property, including but not ilmited to single family home construction, may require a modification of this permit. Conroe[ a representat vt of the determination. Division at(n. 395.3900 prior to the commencement of any such activity for this "'ecu E NOV 0 8DIV(99g D ION COAS A! 1 9ANAGF EMENT li't; ! l v APR 0 5 2018 RECEIVED DCM WILMINGTON, NC DCdV3-. MHD CITY ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical a Construction Materials a Environmental a Facilities W R.,.. r.dbVnee V F� F.17 NC Re,,.I.ree Geobpnn Fmm C.4W SC Reguiered Engineernp FM 3239 October 10, 2017 Mr. Rob McClaskey Register Place Estates HOA, Inc. 1818 Register Lane Wilmington, North Carolina Reference: Submerged Aquatic Vegetation (SAV) Survey Report Register Place Estates Community Marina 1818 Register Lane Wilmington, New Hanover County, North Carolina ECS Project No. 49-3677-A Dear Mr. McClaskey: ECS Southeast, LLP (ECS) is pleased to submit this SAV Survey report for the above - referenced site. This report summarizes data collected during the September 15, 2017 SAV survey. Background Register Place Estates is located at the intersection of Mason Landing Road and Middle Sound Loop Road in Wilmington, New Hanover County, North Carolina (Figure 1). The site is located in Middle Sound (Stream Index # 18-87-11.7). Register Place Estates is seeking a CAMA Major Permit for maintenance dredging within their marina facility to address limited water depth. As part of the project scoping process, the North Carolina Division of Coastal Management (NCDCM) and the National Marine Fisheries Service (NMFS) requested Register Place Estates conduct a SAV survey prior to permit application submittal to minimize and avoid potential impacts to aquatic resources in the proposed dredge area (Figure 2). The purpose of this survey was to document presence or absence of SAV species, patches and estimate percent cover within the study area. Methodology Tide chart data from the NOAA tide station at Wrightsville Beach, NC (Station ID: 8658163) was evaluated and compared to the survey location (Figure 3). There is an approximate 45 minute delay in the tidal cycle at the survey location from the Wrightsville Beach station. The SAV survey area was 200' X 317' and allowed for an approximate 20' buffer around the proposed dredge area (Figure 2). The survey area was subdivided into 40 survey transacts each 5' X 317' to accurately identify SAV and estimate percent cover during data collection. A Trimble Geo Explorer 6000 XH series GPS unit was used to maintain the aquatic survey within each transact and to locate SAV patches. The crown density scale was used to estimate percent cover of SAV patches located in the site survey area (Paine, David 571). Water depth relative to mean low water (MLW) at SAV locations was determined using the GPS location data and a recent hydrographic survey conducted on February 15, 2017. Two ECS staff walked each transact while visibly surveying for SAV. Where water depth/visibility required, the observers swam the transacts wearing dive masks. RECEIVED DCMRECEIVED WILMIINGTON,NC ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest.kf� v-EES2heast, LLP • Te , www.ecslimited.com V ee77 DCM- MHD CITY SAV Survey Report Register Place Estates Community Marina 1818 Register Lane Wilmington, New Hanover County, North Carolina ECS Project No. 49-3677-A Results Jason Hales and Kevin Ferguson with ECS conducted the SAV survey on the morning of September 15, 2017. The survey occurred from 8:00 am until 1:00 pm, approximately 5 hours around the low tide (Figure 3). The weather conditions were between 73 and 85 degrees with variable winds at less than 3 miles per hour. The water clarity was good with visibility of approximately 2-3 feet. The mean tidal range of the site based off of Wrightsville Beach is 3.98'. The sediment composition was generally 75% sands and 25% silts. Three round patches of shoal grass (Halodule wrightil) were observed in the survey area. The SAV patch locations, sizes, percent covers and species are shown in (Figure 2). Two patches approximately 1' in diameter, one with 10% cover and the other with 30% cover were observed in Transect 29. One patch approximately 2' in diameter with 20% cover was observed in Transact 28. The water depth at the SAV patch locations was approximately -1.0 to -1.5 feet MLW (Figure 4). Calculated using the sum of the entire patch areas and the total SAV survey area the percent ground cover of seagrass in the survey area was approximately 0.00007% (4.72 sgft / 63,350 sgft). Discussion The Register Place Estates marina facility SAV survey was conducted September 15, 2017 during low tide with ambient weather conditions and good visibility. Three relatively small, low cover patches of shoal grass were observed in the study area. The percent ground cover of seagrass in the survey area was approximately 0.00007%. Closure ECS appreciates the opportunity to provide SAV survey services for your project. Please contact us at (910) 604-0462 if you have any questions concerning this report. Sincerely, EECC�S-S.,OUTHEAST, LLP Jasleon Ha Senior Project Manager 910-604-0462 i hales(u�ecslimited.com c" �,, LG W. Brandon Fulto LSS, PSC, PWS Environmental Principal 704-525-5152 bfultontcDecslimited.co m Attachments: Figure 1 — Project Location Map RECEIVED Figure 2 — SAV Survey Map APR 0 5 2018 Figure 3 — Wrightsville Beach September 2017 Tides Figure 4 — SAV and Water Depths Map Photo Log DCM- MHD CITY References Paine, David P. 1981. Aerial Photography and Image Interpretation for Resource Management. John Wiley & Sons, Inc., New York City, NY. 571pp. RECEIVED DCM WILMINGTON, NC 2 MAR 15 2018 Legend " Project Study Area Po Register Place Estates HOA, INC. BpO snv suRVEy „a dnd lenC D 16ID I-MINGER LANE Middle 50 �P NAIcanEa ci NEW HPNOVER COUNTY, NORTH CAROLIII TIM: SITE LOCATION MAP 1 in = 2,400 ft b N. H.eeea, Ce.mr. NC a,... a,: c,w...e ey: JCH WBF A,,e er: a.e: "'BF 10109/2017 49:3677-A Sources-. Esri, HERE, CeLorme, USGS, Intermap, INCREMENT P, NRCan, Esn Japan, METL Ilan China (Hong Kong), Esri Korea, Lan (Thailand). Mapmylndia, NGCC, 0 FIGURE I OpenStai,Wap contributors, and the GIS User Community RECEIVED APR 0 5 2018 DCM- MHD CITY RECEIVED DCM WILMINGfON, NC i;:41, RECEIVED RECEIVED DCM WILMINGfON, NC APR 0 5 2018 DCSrd- NIHD CITY SAV Survey - 9/15/2017 Register Place Estates Community Marina 1818 Register Lane Wilmington, New Hanover County, North Carolina Figure 3. Wrightsville Beach, NC - Station ID: 8658163 Tidal Data - September 2017 6.00 5.00 4.00 3.00 2.00 SAO 0.00 -1.00 - - - T T ___., T- _._-, T-- --, - 8/31 9/2 9/4 9/6 9/8 9/10 9/12 9/14 9/16 9/18 9/20 9/22 9/24 9/26 9/28 9/30 10/2 FCS CaroNaar, UP RECEIVED APR 0 5 2018 tTide Height SAVSurvey RECEIVED DCM WILMINGTON, NC MAR 15 2018 DCM- K4HD CITY Legend a,iS�' O ��� O ,moo + �� QV �D + N • SAV Location �t/� O • �� + + O x / ^� 1 �>C Register Place / + 14- �yV Estates HOA, INC. ry • /, � O O � �� / � ++ �� Y +� •�� �/��/��' 1 +%///jjj�� SAV SURVEY � � V + + / O C (q / \" / + 1018 REGISTER UNE +�� /� (\ ���� / NEW WAOIVERCOUNTY, 1 O. O. M ++ /�J f /y�� / ^ NORTH CAROLM t ./v g�4t�K. ++ O (\� :�• ^���Tm,SAV AND WATER (^� ++ V O ` �r� IT; + •1/�\ r / (1 � DEPTH MAP •J lid (MLW) O + // N ' `�� � + + / N - /\ � I �.. . � 0 7.5 15 O �� / N • / '\ - 1 J//y' � Feet + + O O� �+ / / �j0 +++ / / �!}. / Roled Area J �lJ o ++ / O O� ++ / / � D ++ Nv,�� / �b ++ / �O + �. / + / �� ��n L�J ++ / � �� `V +� + / /� eL me, USGS, nEermap, + N / N. / I CREMENT P, NRCan, Esn ++ / /\/� +++ / O ( T++ r�CN.. o.,.WBF + /\ r� M + /` /`/�I � (�"J WBF 10/09/2017 \ + + � v Q % �+ / V �, rl1 M� 49:3677-A + / + / V J FIGURE 4 i RECEIVED RECEIVED DCM WILMINGTON, NC APR 0 5 2018 MAR 15 2018 DC ,, N, 4HD CITY SAV Survey - 9/15/2017 Register Place Estates Community Marina 1818 Register Lane Wilmington, New Hanover County, North Carolina Photo 1: View north from marina pier. 10:45 am 9/15/2017. Photo 2: View south from marina pier. 10:45 am 9/15/2017. CEIVED RECEIVED DCMWEMINGTON,NC ECS Carolinas, car APR 0 5 2018 p6l4Rr 15 2018 Di.'M- MHD CITY SAV Survey • 9/16/2017 Register Place Estates Community Marina 1818 Register Lane Wilmington, New Hanover County, North Carolina Photo 3: Halodule wrightii from patch. 8:37 am 9115/2017. ECS Carolinas, LLP RECEIVED RECEIVED DCM WILMINGfON, NC APR 05 2018 Page 1 DCM- MHD CITY This map was produced by the Geographic Information Systems (GIS) r - - - program. Informational data used to create this map were collected from ------e`r federal, state, county, and private organizations. This map is a general 1 - -, _%� • ��^--, - - guide to assist the public and is for illustrative purposes only. While every ,I - �. - ( ',^'^ _ effort Is made to keep this map accurate and up-to-date, it is not intended `-7 _ to replace any official source. Under no circumstances shall the State of �� - (•. North Carolina be liable for any actions taken or omissions made from i reliance on any Information contained herein from whatever source ran shall the State be liable for any other consequences from any such reliance. .. `- •1 �,� \��a i n _ r lMwraw_o - - L `w IS\ � 4 r Y -. - - i .. - 1•� o _ �1 .� Mallard Bay AM _ _ .0103 19 a Old Topsail Creek .01 W 8 a Old To it Crook .010315 b J Mill Creek .0104 7 .010315 c ,,. r`/1 1r�♦ _ r' a,'n ( Topsail ..Sound .0103 16 e _ ! V � co Him / FuEch Creek .010316 b _ _ — S .010318a� Pages Creek .01048 '"PI I _ Create .010316 c .01031on 4. .010316a N ,� \' Z Have Creek ti •o- _ .oto3 to a �� 00 UJ i S 470316 d General Waters w —f I 673 t _ J Background U.S. stiff, maps. Fishery Nursery Areas Fisr,,.,�, r,r /t. � Survey 1:100,OWacale Planimealc mePe. Primary l��`1 �V"y Permanent Secondary Map Datum: NADS3 Q Special Secondary Map Date: Projection: Ma Seta Plane Map Pete: March to Plane © Militaryr Zones and APR 05 2018 10® yards Zonend RasVicled Areas r�, ppp krmlw rrrp Inland WOlBIa iWRC jurladipionbC_ Jy1YAD CITY 0.7� 4 Miles NC Division of Coastal Management AEC:AIWW Fee: $400#;not Major Permit Application Computer Sheet CDAITS ✓ MHC ce w Applicant: Register Piece Estates HOA AgenttContractor: ECS c% Jason Hales Project Site County: New Hanover Staff: Courtney Spears District: Wilmington Project Name: Dock replacementlaxpansion & dredging Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 3-15-18 Date application 'received as complete' in the Field office: Permit Authorization: ❑ CAMA ❑ Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION 1. ORW: Yes ONO PNA: OYes WNO Photos Taken: Yes PNo❑ Setback Required (riparian): []Yes E5No CriticalHabitat: LJYes ❑No Not Sun: 15 foot waiver obtained: LjYes ANO Hazard kVification Returned: ❑Yes YKo SAV: es [-]No ❑Not Sure Shell Bottom: ❑Yes []No Not Temporary Impacts: Yes []No Sure Sandbags: ❑Yes ❑No XNot Sure Did the land use ification come Mitigation Required (optional): from county LUP: Yes []No ❑Yes [-]No Mgptorium Conditions: tW 9y4i'd , Environment A essment Done: Length of Shoreline: es ❑No ❑NA ❑Yes ONO A 7 n IAh FT Shell sh Area Designation: oject Des ri lion: (code)C Development Area: (code) pen -or- Closed I •0Lf SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HOW) ❑ 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) Safi marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roeme ' patens) <APPLICATION FE� EjlTo-7ee required - $0.00 El III(A) Private w/ D&F up to 1 acre; 3490 1M III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 a ; 4144 can't be applied - $400 LJ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 L Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ U. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 APR 0 5 2018 acre; 4144 can be applied; DCM needs DWQ agreement - $400 .........- I.111V V1 I Register Place Estates HOA Date: 3-15-18 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One (Z- New Work Replace �D Maint ❑ 19 Y ❑ N ( New Work Replace � �y IANwd Maint ❑ ❑ Y N (� L� �S New Work eplace Maint ❑ ❑ Y N r New Work Replace r Maint ❑ Y[IN New Work Maint ❑ Y ;plan N 0 A t L/ 1T� �'�^'�,t1 7 ! New Work Replace I Maint ❑ ❑ Y N h irAp New Work Maint ❑ Replace Y ❑ N New Work Replace lxN 23 I Maint ❑ ❑ Y GL- 2XANttr ap14&- I3 /`! Describe below the HABITAT disturbances for the applicati n. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount 00 Dredge Fill ❑ Both ❑ Other ❑ DO Dredge ❑ Fill ❑ Both ❑ Other J Z Dredge ❑ Fillk Both ❑ Other ❑ W 2ZS Dredge ❑ Fill Both ❑ Other ❑ 121.E o Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other Cl Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733.2293 :: 1-888.4RCOAST :: www.nccoastaimanacement.net revised: 10/12/06 Mainr Permit FQa St-hedula Project Name; 1" " DCM % DWQ % Development Type Fee (14300160143510009316256253} (2430016024351000952341) I. r'nva,e, noo-cammercial develvpme^,t that does not involve the filling a' %cavallco of any wetlands or open water areas $250 10Q ($250) 004 (54} I. Public cr commercial development that does not rvolve the filling or excavation of any wetlands or open water, areas. $400 100% l,$460} . 0%h S01 III. Fur development that involves ine ,hi g and,'or excavat,on of up to t ac,7e of t ands.ano,!cf open water areas, atenreme if A H C or 0 below apples. IllW Private nen-commercat ceveloomment t Ger,erai Nate,,QvaGly CertlBca6on No 4'44;See attached: car be applied $250 100% ($250t % ,$c) Itt(B). Pubi,o or aon rnrimal development. if General Water Cady CettsSr,ahon No. - 4144 tSee attached± can be apoved, $400 100% t$400j Ill,C1 If General Vvater Quality.. Certification No 4E44.(see attached) couldbe applied, but DCM stag eterm9;,ed that ao.Oumnal rev;ew.. and rcten: DWQ ooncurronce is needed lbecausse,of concerns-faIaW te, water velity or aquatic life:' $400 MI. ($2401 405�i ($160) IWO% it c,eneral Water Q atibr 2rtlficaAtv)n No 4144 (see attae hec, r'1 fmatbeappiren $400 i 60%($2401)> 40` ($160) tV Oevttenrrreni thal involves the'Iti"g i-d/or.excavabor. cf rni e mail one acre of wetuends antvor ofmfr water areas ..$4'=75 60%($2MI,% 40(S!dO). Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 3/20/2018 Register Place Estates Resister Place Newbridge 1751 $400.00 major fee, 1834 Register CS rct. 6137 HOA, Inc Estates HOA Bank Lane, Wilm NHC NO split W U >Lo N �_ W O U Q W Q: U 0 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, —Register Place Estates HOA, Wilmington Date: May 7, 2018 This project is consistent and not in conflict with the Wilmington - New Hanover County Joint Land Use Plan Update. The applicant is proposing to replace and expand the existing community boating facility and perform maintenance excavation adjacent to the docking facility and construct a riprap revetment and a riprap sill. The project is located at 1834 Register Lane in Wilmington, New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are PTS, CS, ORW EW and PT. Waters at the project site are classified as SA ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection. In general, New Hanover County allows development in Resource Protection classified AECs, which is consistent with the State's minimum use standards. The 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. Cc: File RE CEIVED MAY 7 2018 Legend Project Area r4rri;. t: o Ur; ,y or -. "X ri, o E r core, O ri: -L L WelA610e NP 4 Q�sti d`tie Dr : la. 4� Ia R Q <n�r 5 Moort"as Sry° rA rUt Country Club of Landfall 5� O v�' 8ru c d 6 4� �3' a Dayshori 4� as Mtdd1b so„od boo@ �J C �_cunn .iub Potters Neck Rd Eagle Point Golf Club Urt 1 inch = 2,400 feet r- 0 W20 o Q �e 0 1,250 2,500 5,000 Feet INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esn Korea, Esri Register Place Estates HOA, INC. REGISTER PLACE ESTATES MARINA 1818 REGISTER LANE WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA SITE LOCATION MAP 1 inch = 2,400 feet New Hanover County, NC APR 0 2 2018 Drown By: Cheektd By: JCH WBF Approved By: Date: WBF 1 1/18/2018 ECS Project No.: 49:3677 FIGURE 1 Legend Coastal Wetland SAV Location 2017 water depths (MLW) Property Boundary Riparian corridor USACE Navigable Channel USACE Setback MHW AWL -- MLW Register Place ti DC - MHD C1 REGISTER PLACE ESTATES MARINA 1818 REGISTER LANE -----WILI'VIINGTON, ---- - - - NEW HANOVER COUNTY, ` NORTH CAROLINA CURRENT CONDITION MAP 1 inch = 100 feet WBF 12/20/2018 CSPr!,j t--t iVEL_i pC�f AMMON, NO APR 0 2 2018 FIGURE 2 Legend Proposed Dredge Area Proposed Revetment Area Proposed Sill T.` Proposed Transient Dock Cross Sections Property Boundary Riparian corridor USACE Navigable Channel - - USACE Setback MHW AWL --- MLW 2017 water depths (MLW) Coastal Wetland SAV Location Register Place Estates HO ESTATES MARINA 1818 REGISTER LANE N HANOVER COUNTY, NORTH CAROLINA PROPOSED PROJECT MAP 1 inch = 100 feet JCH WBF WBF 12/20/2017 Froiel i....-EiVED ----- DUO 0-MMTON, NC APR 0 2 2018 FIGURE 3a Legend Proposed Dredge Area r _;.- �; ,:, , .,., Proposed Revetment Area Proposed Sill Proposed Transient Dock Cross Sections Property Boundary Riparian corridor USAGE Navigable Channe = USAGE Setback MF 1W AWL MLW ------- --2017 water depths (MLW) Coastal Wetland -.SAV L©cabon Register Place Estates BOA, INC. RECEIVED 1818 REGISTER LANE WILMINGTON; --- NEW HANOVER COUNTY, NORTH CAROLINA PROPOSED PROJECT MAP 1 inch = 50 feet JCH I WBF MF 2/20/2017 -€\/ : O'fi5`nrYMINGTON. NC FIGURE 3b Legend Proposed Dredge Area - Modified, :. ` Proposed Dredge Area -Original Proposed Revetment Area Proposed Sill Proposed Transient Dock Property Boundary. Riparian corridor USAGE Navigable Channel USAGE Setback MF1W AWL MLW Coastal Wetland SAV Location W Register Place Estates HOA, INC. REGISTER PLACE ESTATES MARINA 1818 REGISTER LANE ----WH MINGTON;-- — NEW HANOVER COUNTY, NORTH CAROLINA' DREDGE FOOTPRINT REDUCTION MAP 1 inch = 50 feet WBF 12/20/2018 DGM WlMtr'�IYON, NC APR 022018 FIGURE 4 RECEIVED N Legend w E ®C 9TY Proposed Dredge Area Modified S 2017 water depths (MLW) Client: 1998 water depths (MLW) Register Place Property Boundary oEstates HOA, INC. USACE Navigable Channel Project: REGISTER PLACE - ESTATES MARINA I 1818 REGISTER LANE kk NEW HANOVER COUNTY, ' NORTH CAROLINA Title. DEPTHS COMPARISON ? _ MAP 1 inch = 30 feet 'z #+ f-S { ,h4 a 4g44je Es'n'HER€�` r�� �t*DeLortne US6�Iter`�ap� ll..ff `��� INCREMENT Pt NRCan„Esau, DnW By. Checked By: - JCH WBF - - Approved By: 'Date: WBF 2/20/2018 _ ECS ProjeGyl�i� VE® 15 30 60 Feet DOM W{4 WION, NC APR 0 2 2018 FIGURE 5 396 D Figure 7. Proposed dredge cross sections. 1 `} YL 11 r U U, Z X >N 0 � 396 (MH DATUM 698 0+Oo �FC'TInN "B" 9 00 i 0 4 D � m0' I. 8' 16' 32' N < VERTICAL SCALE : I" = 16' 0 o m - 0' 40' BP. 160' Z HORIZONTAL SCALE : 1 = 80' 3.06 (MHP) a 3.96 (MHW) DA� A 3.96 (M(MHHW) (/6iJ D 3..W (MKWj (sr) 4000r* O > 'D (D 0 (D 0 rD > a) Ln m 0 (D Cp X ai O < (D CD 0 0 \4; 6,0 X Ln ni 2! U) > > n m rm Aeoo, 2) V1, V(A m rD 000i�- .., .tag 3 (D (D