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HomeMy WebLinkAbout126-18 Ruegg Properties NC LLCPermit Class Permit Number NEW STATE OF NORTH CAROLINA 126-18 Department of Environmental Quality and Coastal Resources Commission Vermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Ruegg Properties NC LLC., 6401 Old Military Rd., Wilmington, NC 28409 Authorizing development in New Hanover County adj. to Masonboro Sound at 5 Cedar Island Wilmington as requested in the permittee's application dated 6/19/18 (MP-1), "Rev. 9/9/18 & Rec. MP Section MHD 11/5/18" (VIP-4) incl. att. workplan drawings (3), Sheet 1 of 3 dated 5/29118, Sheets 2,3 of 3 dated "Rev. 9/9/18 & Rec. MP Section MHD 11/5/18". This permit, issued on November 6, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Anv violation u mese terms may oe suolect to tines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility Reconfiguration 1) This permit authorizes only the docking facility reconfigutation and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) 'No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) i ms 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. LIZ ttsxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Ruegg Properties NC LLC. Permit No.126-18 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 4) This permit does not authorize the covering of any authorized structure. 5) 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 minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) This permit authorizes an additional 3 formalized boat slips for a maximum of 5 formalized boat slips. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 8) 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. 9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. USACE Condition 10) 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/mammal/manatee_gWdelines.pdf. General 11) 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. 12) The pemuttee 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 or she abandons the permitted activity without having it transferred to a third parry. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Ruegg Properties NC LLC. Permit No.126-18 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Penn it 198000291 (Action ID SAW-2018-01454) issued 10/11/18. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 2018-0976. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New Major Mod Permit# Permit Coordinator: Field Representative: Minor Mod Renewal Transfer II I W Date/Time Message �,M,1 G ` oL u� lea( 0rb4.cts �/ o�II�MS v� 11`��� , i� ot�4� V, k C<r4-w1ll RPLs rqn. J�' code. 104'�1 COaW p(F.�S towt ¢6/.�5,6St( ``41pe " Ccur ' �W.0 ( 7 /`t» P(rn �'� GddreSq &r- ri(gna..r PerS4�J� Gin{-cc�- N� o%I �c��� �aYrnts). �+5 DCufKc� t•.kP�`ak�•r �Ia� '� �ro���� ���fl i I.Pt) r�� Aar,d�71 11�5�18 Qcv�,aan5 '�fW�ci� . Coastal Management ENVIRONMENTAL QUALITY Ruegg Properties NC LLC Jason D. Ruegg 6401 Old Military Road Wilmington, NC 28409 Dear Mr. Ruegg: November 6, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 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 ncerely, v �,- Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carotlna I rsvlmnmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 DCM Coordinator— t�ja`� \ I�Q Permit #: t y,-►i3 Permittee: Agents: 5k 60yl _ i-116VS 0. rIKIjI= MAILING DISTRIBUTION SHEET C4rolaS bad j�c 600,4jqal(. Lowy Elizabeth City (with revised work plan drawings) Morehead City 9440 5""P' � � arnA Washington 5P('6 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 Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) i Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov .IF Heidi Cox (WIRO) Shane Staples David Harris Shannon Jenkins / Sharron Gupton Tim Walton / Mike Moser Karen Higgins Clif Whitfield (WARO) Curt Weychert of Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler w6 Wf�Nla'�r az Distribution U. Agent#_ DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Ruegg Properties, LLC COUNTY: New Hanover PROJECT NAME: Docking Facility Replacement LOCATION OF PROJECT: 5 Cedar Island, adjacent to Cedar Island Basin-Canal/Masonboro Sound, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-26-18 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Courtney Spears DISTRICT MANAGER REVIEW: J3` B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 7-12-18 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED T d C) 75 DAY DEADLINE: C MAIL OUT DATE: 7-9-18 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILAf11VGT0N FEE RECD: $250 #1298 END OF NOTICE DATE: 8-2-18 DEED RECT): ON: 7! 11/;g 150 DAY DEADLINE: STATE DUE DATE: 8-2-18 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Division of Community Assistance 7�) 14 Division of Coastal Management-LtJP Consistency.] Public Water Section (DWR) 7 CZ $ Land Quality Section (DEMLR) Division of Water Resources - 401 Section — Storm Water Management (DEMLR) State Property Office 769115 l� Division of Archives & History Division of Marine Fisheries - Shellfish Section LT t $ X Division of Highways (NCDOT) 7r( 13 x Wildlife Resources Commission . 7�;o�I$ k Local Permit Officer 1)t 1a i0�11t t9 (�ytoro.ls 6 K W tIV,6 Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM b 9- S (t S Zola Corps of Engineers - RegulatoryBranch (Ol 2019-gg43( -6c 46y"j`HD CI Recommendations for State Permit — Ruegg Properties LLC 7/3/18 Square footage of docks was calculated as follows: Shoreline Length = 145' x 8 ft2 = 1,160 ft2 allowable Fixed pier = 6' x 40' = 240 ft2 (not included in total due to alignment for access) 7-head" = 8' x 14' = 112 ft2 Floating dock = (85' x 10') + (5, x 7') = 8 ft2 Total= 997 ft2 It is the staff's recommendation that the proposal to construct a docking facility appears to be CONSISTENT with NCAC 07H .0208(b)(6), including the eight square foot rule. The construction would provide potential docking space for up to six (6) vessels at this location in water depths ranging from -2.5' to -5.5' at NLW, which meets the minimum water depth requirement for dockage in a PNA. Although the facility exceeds the '/. width of the waterbody by 4.5' it does not extend beyond the pierhead line established by the adjacent facilities, and does not extend longer than 1/3 the width of the waterbody, which is CONSISTENT with NCAC 07H 0208 (b)(6)(G)(iii). This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. Any permit issued should include standard conditions for docking facilities RECEIVED JUL 1 1 2018 IDCM-MHD CITY Aty/i ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS Coastal Management ENVIRONMENTAL QUALITY July 9, 2018 MEMORANDUM: TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office FROM: Gregg Bodner, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greoo. bodner(a)ncdenr. crov SUBJECT: CAMA Application Review Applicant: Ruegg Properties, LLC Project Location: 5 Cedar Island, adjacent to Cedar Island Basin -Canal and Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodner at the address above by August 2, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910)796-7426 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � � ` P"�� DATE -7/j-7/Id RECEIVED JUL 17 8 State of North Carolina I Environmental Quality I Cranial Management 127 Cardinal Drive Exl, Wilmington, NC 29405 DCM WILMINGTON, NC 919 796 7215 Coastal Management ENVIRONMENTAL C•VACITY el ROY COOPER Governor MICHAEL S. REGAN SCOIYINY BRAXTON DAVIS Director July 9, 2018 N n VJ _' F' , MEMORANDUM: u<'I 1 JUL. 0 9 2018 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office FROM: Gregg Bodner, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) grenp. bodner. cDncdenr. gov SUBJECT: CAMA Application Review Applicant: Ruegg Properties, LLC Project Location: 5 Cedar Island, adjacent to Cedar Island Basin -Canal and Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodner at the address above by August 2, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910)796-7426 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. tltl SIGNED DATE IvLI l3 2�1=1b RECEIVED JUL 16 2018 State of North Carolina I Environmental Quality i Coastal Management 127 Cardinal Drive Ev, Wilmington, NC 28405 DCM WILMINGTON, NC 919 796 7215 1C_ Coastal Management ENVIRONMENTAL QUALITY July 9, 2018 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section FROM: Gregg Bodner, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodneroDncdenrgov SUBJECT. CAMA Application Review Applicant: Ruegg Properties, LLC ROY COOPER Gorrirrw MICHAEL S. REGAN se —Roy BRAXTON DAVIS Domes Project Location: 5 Cedar Island, adjacent to Cedar Island Basin -Canal and Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodner at the address above by August 2, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910)796-7426 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE DATE [t RECEIVED JUL 2 3 2018 Slate of North Cerolim l Emironnwntal Quality l Coastal Manage=M WILMINGTON, NC 127 Cardinal Driw Lxt . Wihnington, NC 29405 919 796 7215 Spears, Courtney From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, July 23, 2018 3:27 PM To: Bodnar, Gregg; Spears, Courtney Cc: MacPherson, Tara; Dail, Jason Subject: [External] project review status 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> Hello! Just wanted to let you know we have received the applications and will be processing the projects below as follows: Corps Action ID: SAW-2018-01455 Project Name: NCWRC BAA No Wake signs County: Brunswick NWP 1-to be coordinated with Navigation Corps Action ID: SAW-2018-01452 Project Name: Warren/Chapman/Rawls/Scanlon dock County: New Hanover GP 56-to be coordinated with USFWS and NMFS Corps Action ID: SAW-2018-01454 Project Name: Reugg dock County: New Hanover GP 291-I'll get the notice out on this as soon as I can *1 have another one in North Topsail that is a road crossing for access for a single residential home: Corps Action ID: SAW-2016-00222 Project Name: Barnes/Goose Bay tract County: Onslow **Probably will review this as a NWP 18, since it is on the barrier island, there isn't any fill proposed, and would be a section 10 permit. I'm trying to track the file down for this one since Brennan originally issued the JD. Thanks! Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.miI Coastal Management ENVIRONMENTAL QUALITY July 9, 2018 MEMORANDUM: TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER c„........ MICHAEL S. REGAN Secretary BRAXTON DAVIS uuvo,„ ill u JUL 0 9 2018 Division of water Kesource: WiRO - Public Water Sum'. FROM: Gregg Bodner, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodner(ci)ncdenr.gov SUBJECT: CAMA Application Review Applicant: Ruegg Properties, LLC Project Location: 5 Cedar Island, adjacent to Cedar Island Basin -Canal and Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodner at the address above by August 2, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910)796-7426 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. �+ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached co ents. SIGNED DATE �L Q2'41p19 State of North Carolina I Environmental Quality I Coastal Management .w,XAD C\ i 127 Cardinal Dnve Ext., Wilmington, NC 29405 10110 919 796 7215 ROY COOPER Gavemnr Coastal Management ENVIRONMENTAL QUALITY July 9, 2018 MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office RECEIVED JUL 12 2018 DOA STATE PROPERTY OFFICE FROM: Gregg Bodner, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodner(a ncdenr.gov SUBJECT: CAMA Application Review Applicant: Ruegg Properties, LLC MICHAEL S. REGAN Secretary BRAXTON DAVIS Director Project Location: 5 Cedar Island, adjacent to Cedar Island Basin -Canal and Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodner at the address above by August 2, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910)796-7426 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. �es� d�✓��l a I }� This agency has no comment on the proposed project. Irl llg5' � I- This agency approves of the project only if the recommended changes J I'��� 7 G I are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED JUL 2 3 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive EA, Wilmington, NC 28405 DCM-MHD CITY 919 796 7215 Coastal Management ENVIRONMENTAL OUALITY July 9, 2018 MEMORANDUM: TO: David Harris NC DOT Roadside Environmental Unit FROM: Gregg Bodner, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greoo. bodnerCo)ncdenr. gov SUBJECT: CAMA Application Review Applicant: Ruegg Properties, LLC ROY COOPER (lmrrn", MICHAEL S. REGAN .Secretary BRAXTON DAVIS RECEIVED JUL 16 2018 NC DOT DISTRICT 3 Project Location: 5 Cedar Island, adjacent to Cedar Island Basin -Canal and Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodner at the address above by August 2, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910)796-7426 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDDATE Lq kck RECEIVED JUL 2 7 201E State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal (hive Ext., Wilmimnon, NC 28405 pCM.MHD CITY 919 796 7215 �I �i Coastal Management EN V IRONNENTAL QUALITY' July 9, 2018` TO: Maria Dunn' NC Wildlife I For WiRO .3 RECEIVED ROY COOPER 6oreindr MICHAEL S. REGAN AUG 2 2018 sel_lar • BRAXTO_ N DAVIS A-eP r MP SECTION MHD �uLgw 2o�� Commission c0 rQ FROM: Gregg Bodner, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 285.57 Fax: 252-24-3330 fCourier 11 12-09) greaa bodneifa ncdenrgov I .SUBJECT: CAMA Application Review Applicant: Ruegg Pro Project.Location: 5 Cedar 1sh Masonboro Proposed Project: to replace rNSh adjacent to Cedar Island Basin -Canal and nd, in Wilmington, New Hanover County existing private docking facility Please,indicate below yourLaagericy's position or viewpoint on the proposed project,and rr_eturn this form to Gregg Bodner at the, address above by August 2; 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910)796-7426 when appropriate, in-depth corn meots with :supporting data is requested. REPLY: This agency has no objection to the projectas proposed This agency has no comment on the proposed project. This agencyapproves 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 A J AAA I= DATE,-'-30-7018 State orNotth Carolina I Environmental Quality I CwNal'Management 127.Cmilinal Drive EBt:, Wilmington, NC 28405 919.M 7215 Coastal Management ENVIRONMENTAL QUALITY July 9, 2018 MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR-WiRO RECEIVED/HCDEHR/DWR JUL 10 2018 Water Quality Regional Operations Section Wilmington Regional Office FROM: Gregg Bodner, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 Courier 1142-09 area-. bodner(a)ncdenr. aov SUBJECT: CAMA Application Review ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS DIry or AUG 2 2018 MP SECTION MH® Applicant: Ruegg Properties, LLC Project Location: 5 Cedar Island, adjacent to Cedar Island Basin -Canal and Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and etum this form to Grean Bodnar at the address above by August 2, 201& If you have any questions regarding the proposed project, contact Courtney Spears at (910)796-7426 when appropriate, in-depth comments with supporting data is requested. / 1Vt !fli1/t G{pPUVA( AD/' /fgvlKd ✓rld(i� �oG�f/'/j! REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �t lY LPJ !it DATE O7Ja7A6 Slate ofNmth Carolina I Eovilo>mtwal Quality I Coastal hfiWemeal 127 Caldmal Dow Eat, Wnmiagt®,NC 28405 919 796 7215 Bodnar, Gregg From: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Sent: Friday, October 26, 2018 4:07 PM To: Bodnar, Gregg Cc: Matthew Nichols; Jason Ruegg Subject: [External] FW: CAMA permit for 5 Cedar Island Attachments: D00073118-07312018130911.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> Hi Greg, The attached local government opinion can be used in furtherance of the permitting for the proposed dock expansion at 5 Cedar Island. The existing docks can be replaced as they are currently configured and the proposed expansion is allowable but cannot exceed 6' in width or be covered. Please let me know if you need anything further from this office. Kind regards, Kathryn H. Thurston, AICP Zoning Administrator/Flood plain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 Wilmingtonnc.gov -----Original Message ----- From: Kathryn Thurston Sent: Tuesday, July 31, 2018 1:24 PM To: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Subject: CAMA permit for 5 Cedar Island ---Original Message ----- From: Planning Review Toshiba Copier [mailto:Planning.Review.Copier@wilmingtonnc.gov] Sent: Tuesday, July 31, 2018 1:09 PM To: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Subject: Protected: Planning Review Copier 07/31/201813:09 RECEIVED Scanned from MFP-07220702. Date: 07/31/201813:09 OCT 2 9 2018 Pages:l Resolution:200x200 DPI MP SECTION MHD ***Please DO NOT respond to this email address. This is an unattended email address.**** E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED OCT 2 9 2018 RPIP SECTION MHD Bodnar, Gregg From: Spears, Courtney Sent: Friday, September 07, 2018 10:03 AM To: Kathryn Thurston Cc: Bodnar, Gregg Subject: Ruegg - 5 Cedar Island Major Permit App Attachments: Ruegg Application.pdf, Ruegg Drawings.pdf Hi Kathryn, Chase Elam, acting as agent for Mr. Ruegg, submitted the attached revised drawings and application on 9/4/18 for his proposal at 5 Cedar Island. Could you take a look at the updated plans and let us know if you have any comments. Gregg Bodnar, copied on this email, is processing this application so please send any comments his way. Let us know if there are any questions. Kind regards, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of EnvironmentalQuality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. / A V. Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, September 27, 2018 4:22 PM To: 'Chase Elam' Subject: FW: [External] RE: Ruegg - 5 Cedar Island Major Permit App Afternoon Chase, Just received this and asked the question below concerning the slip count. Will keep you in the loop when I hear back. Might want to hold off on revisions until this is settled. Gregg From: Bodnar, Gregg Sent: Thursday, September 27, 2018 4:21 PM To:'Kathryn Thurston' <Kathryn.Thurston@wilmingtonnc.gov> Subject: RE: [External] RE: Ruegg - 5 Cedar Island Major Permit App Would the city support the revised workplans provided previously, with no increase it slip count, correct? Thanks and no worries about the response time. This storm has done a number on everyone. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(a)ncdenr.00v 400 Commerce Ave Morehead City, NC 28557 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: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Sent: Thursday, September 27, 2018 4:17 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Cynthia Roush <Cynthia.Roush@wilmingtonnc.gov>; jasonr@offthehookys.com Subject: [External] RE: Ruegg - 5 Cedar Island Major Permit App Hi Gregg, Sorry for the delayed response on this one. I'm glad you reminded me to take a look. We have an active zoning case at this address due to a complaint that Mr. Ruegg is storing boats that he has for sale at this location already. As it stands, the city would not support an increase in the number of slips. I have copied him on this response. Kind regards, Kathryn H. Thurston, AICP Zoning Administrator/Floodplain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 Wilmingtonnc.gov From: Bodnar, Gregg[mailto:gregg.bodnar@ncdenr.gov] Sent: Thursday, September 27, 2018 9:35 AM To: Kathryn Thurston <Kathryn.Thurstonwilmingtonnc.gov> Subject: RE: Ruegg - 5 Cedar Island Major Permit App Morning Kathryn, I hope all is well after the storm. I assume the city, and you in particular, are as swamped as we are with storm recovery. I'm touching base with all my outstanding projects and wanted to ask if you've had time to review the Ruegg redesign concerning the City's ordinances. The plans that Courtney sent for review do not have a corrected date, I am still waiting on those. They will be identical to the previous workplans, except for the corrected date. Please let me know if there is anything else I can do. Thanks, especially at this crazy time, Gregg Gregg Bodnar Assistant Major Permits'Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2B08 ext 215 office Gregg. Bodnar(a)ncdenr.aov 400 Commerce Ave Morehead City, NC 28557 t 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: Spears, Courtney Sent: Friday, September 07, 201810:03 AM ' To: Kathryn Thurston <Kathryn.Thurston@wilminetonnc.eov> Cc: Bodnar, Gregg <greee.bodnar@ncdenr.aov> Subject: Ruegg - 5 Cedar Island Major Permit App Hi Kathryn, Chase Elam, acting as agent for Mr. Ruegg, submitted the attached revised drawings and application on 9/4/18 for his proposal at 5 Cedar Island. Could you take a look at the updated plans and let us know if you have any comments. Gregg Bodnar, copied on this email, is processing this application so please send any comments his way. Let us know if there are any questions. Kind regards, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears(o)ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gre From: Chase Elam <carolusbuildingco@gmail.com> Sent: Thursday, September 27, 2018 9:58 PM To: Jason Ruegg Cc: Kathryn.Thurston@wilmingtonnc.gov; Bodnar, Gregg; Cynthia.Roush@wilmingtonnc.gov Subject: [External] Re: Ruegg - 5 Cedar Island Major Permit App I can attest to all of this. I am the contractor. Jason has a Brick and mortar yacht sales on market street with more than ample storage. As well as brokerages in Florida and Maryland. In my many visits to the site during permit preparation I have never seen anything but a dingy and a skiff. Even if he wanted to joyride an inventory boat that he owns for the weekend or buys a boat that is not the ones listed that's his right... he has boat slips all over Wrightsville Beach and the east coast.. what successful business man wouldn't want to have the ability to keep a boat he owns or could buy one day at his residences.. This has been a very long process and I feel this is stereotyping and discriminatory from the neighbor at this point and he has not a spec of proof of any of this because it hasn't been occurring. Jason's rarely in town.. None of my argument is directed at y'all but at the neighbor because frankly he has held us up over every buzz word and 30 day waiting period in the book for no reason at all and has no ground to stand on. We meet all City and Cama regulations with our proposal and are not by even the slightest definition creating a commercial facility at a personal residential residence... hope we can determine this truth quickly as we are ready to begin construction and it's been twice the normal time to achieve such a straight forward permit. The rules are for a reason to prevent this kind of stale mating and we have followed them to a T. Greg and Courtney can attest to this and the thorough due diligence I did. Yes we are a foot from the riparian line but that's what it's for. The line has to be drawn somewhere and I think it should be here now at these ridiculous accusations. Thanks for your time hope to speak soon and hope everyone weathered Florence ok. -Chase Sent from my iPhone On Sep 27, 2018, at 9:21 PM, Jason Ruegg <iasonr@offthehookvs.com> wrote: 0 Hi Gregg, Kathryn and Cynthia, Please do not take this email the wrong way - getting accused of something that is not true is just very upsetting to me. I also find it offensive that he thinks I want to run a boat operation from behind my house .... I totally understand that you just have to do your job here! I really do not understand why the neighbor is making these false accusations. There are absolutely no boats that are for sale on my dock, nor have there been any. I would love for him to send you some pictures of this if it is true! We have a skiff on the dock that belongs to my tenant, an inflatable tender (you are welcome to contact yachtworld, boattrader, etc. to see if they can pull up a file where this boat has ever been for sale - it has not been), and that is it. I will likely purchase a center console to keep on 4i the end dock for the time being until we dredge the canal so I can get a big boat back there. That would � 'OVA make 3 boats total - one being my tenant's. I can assure you I have a ton of boat storage and do not have any intention of selling boats off of my dock at my private residence. This would be highly unprofessional and the same neighbor fighting me over this is the same neighbor who also doesn't want to turn Cedar Island into a private gated neighborhood (something I was trying to get done) ... If he thinks I intend on bringing people back to my house he could not be any more incorrect - I want to keep people out of the neighborhood! The ONLY boat I have sold that was at one time on my dock was a Pursuit 408. 1 used this boat as my personal boat and then when it was time to sell it I sent it to Wrightsville Beach Marina - I never once brought a customer to my home or put a for sale sign on it or in any way did something wrong. When it came time for me to sell it I sent it to one of our locations to do so! I am happy to go to court and to testify this under oath. Also, I can put you in touch with the company that floorplans our inventory. We get audited regularly and 5 Cedar Island is not an approved location for my funding. If we get audited and a boat is not at one of the locations we get in serious trouble and I would jeopardize my entire credit line which would put my company out of business. Only commercial areas can be used as locations, which 5 Cedar obviously is not. These random audits happen 1-2x a month. It would make it impossible for me to keep inventory at this location, and I would never do so anyway. I am more than happy to put you in touch with anyone at the bank who will verify this is not a location of mine and never will be! This neighbor fighting me has 3 docks at his house - I am not sure how this is allowed. If you look him up he is in the business of funding some marine operations. No one is fighting him over it - no one has the time or cares what he does at his own residence. All I am asking for is to extend my dock from 50 feet to 80 feet - not to add any extra slips. I do not get what this guy is fighting me over it - how exactly is this extra 30 feet of dockage going to affect him? Does he really think I am turning this into a commercial operation behind my home??? It is literally insane that he thinks that. 30 feet does almost nothing, but it allows me to squeeze a larger boat in there when the time comes. It also allows me to make the two boat lifts that I have larger since right now they can only fit around a 21-23 foot boat on either side. It does NOT add any extra slips .... I do not know where he is getting that from. Think of it this way, if I actually planned to run a commercial operation out of here what does that 30 extra feet really accomplish? So ridiculous. I only need this extra space to store my personal boats. Once the canal is dredged, behind my house I will be able to get a 70-80 Tooter (one day). The neighbor across the canal built a 100 foot dock and plans to bring his yacht back there as soon as we dredge. I already have obtained one quote to dredge the canal and I am actively trying to raise money to get this done. Most importantly, it allows me to get two larger boat lifts in there. If there is anything I can do to prove to you that my neighbor is incorrect in his assumptions please let me know. I think it is totally ridiculous that he can just throw out claims like this and hold up the process without any justification. I have done absolutely nothing wrong and feel like he is just doing this because of the business I am in. I am in this business because I love boats - I have since I was 4 years old. It is a shame he is throwing out there, without just cause, that I am trying to run a fly by night boat operation out of my backyard. This is just so far from the truth! I wish you guys knew me so you would know how ridiculous this is. Please let me build my dock. We all know this guy is going to be watching me like a hawk - I wouldn't dare to put a boat that is for sale behind my dock! I am sure he will make it his new hobby monitoring my residence for anything he can possibly complain about w/ his spare time. I truly have zero desire to run a boat sales operation from behind my house - I promise you that. You can fine me and do whatever else you need to do if that ends up not being true, but we will not have any problems. I just want a nice dock for my boats. That is the reason I bought it. Thank you for your time and I appreciate your consideration. 0 1 ASON RUEG 0 ---- lasonr@offthehoo!Zs.com Office 910-933-2412 1 Cell410-703-5329 Off The Hook Yacht Sales, NC, LLC Offthehookyachts.com On Thu, Sep 27, 2018 at 4:17 PM Kathryn Thurston <Kathrvn.Thurston wilmingtonnc.gov> wrote: Hi Gregg, Sorry for the delayed response on this one. I'm glad you reminded me to take a look. We have an active zoning case at this address due to a complaint that Mr. Ruegg is storing boats that he has for sale at this location already. As it stands, the city would not support an increase in the number of slips. I have copied him on this response. Kind regards, Kathryn H. Thurston, AICP Zoning Administrator/Floodplain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 Wilmingtonnc.gov From: Bodnar, Gregg [mailto:gress.bodnarCa ncdenr.gov1 Sent: Thursday, September 27, 2018 9:35 AM To: Kathryn Thurston <Kathryn.Thurston@wilminatonnc.aov> Subject: RE: Ruegg - 5 Cedar Island Major Permit App Morning Kathryn, I hope all is well after the storm. I assume the city, and you in particular, are as swamped as we are with storm recovery. I'm touching base with all my outstanding projects and wanted to ask if you've had time to review the Ruegg redesign concerning the City's ordinances. The plans that Courtney sent for review do not have a corrected date, I am still waiting on those. They will be identical to the previous workplans, except for the corrected date. Please let me know if there is anything else I can do. Thanks, especially at this crazy time, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(?ncdenr. gov 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Friday, September 07, 2018 10:03 AM To: Kathryn Thurston <Kathrvn.Thurston@ wilminatonnc.aov_> Cc: Bodnar, Gregg <ereeR.bodnar@ncdenr.aov> Subject: Ruegg = 5 Cedar Island Major Permit App Hi Kathryn, Chase Elam, acting as agent for Mr. Ruegg, submitted the attached revised drawings and application on 9/4/18 for his proposal at 5 Cedar Island. Could you take a look at the updated plans and let us know if you have any comments. Gregg Bodnar, copied on this email, is processing this application so please send any comments his way. Let us know if there are any questions. Kind regards, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.spears()ncdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Chase Elam <carolusbuildingco@gmail.com> Sent: Thursday, September 27, 2018 9:58 PM To: Jason Ruegg Cc: Kathryn.Thurston@wilmingtonnc.gov, Bodnar, Gregg; Cynthia.Roush@wilmingtonnc.gov Subject: [External] Re: Ruegg - 5 Cedar Island Major Permit App I can attest to all of this. I am the contractor. Jason has a Brick and mortar yacht sales on market street with more than ample storage. As well as brokerages in Florida and Maryland. In my many visits to the site during permit preparation I have never seen anything but a dingy and a skiff. Even if he wanted to joyride an inventory boat that he owns for the weekend or buys a boat that is not the ones listed that's his right... he has boat slips all over Wrightsville Beach and the east coast.. what successful business man wouldn't want to have the ability to keep a boat he owns or could buy one day at his residences.. This has been a very long process and I feel this is stereotyping and discriminatory from the neighbor at this point and he has not a spec of proof of any of this because it hasn't been occurring. Jason's rarely in town.. None of my argument is directed at y'all but at the neighbor because frankly he has held us up over every buzz word and 30 day waiting period in the book for no reason at all and has no ground to stand on. We meet all City and Cama regulations with our proposal and are not by even the slightest definition creating a commercial facility at a personal residential residence... hope we can determine this truth quickly as we are ready to begin construction and it's been twice the normal time to achieve such a straight forward permit. The rules are for a reason to prevent this kind of stale mating and we have followed them to a T. Greg and Courtney can attest to this and the thorough due diligence I did. Yes we are a foot from the riparian line but that's what it's for. The line has to be drawn somewhere and I think it should be here now at these ridiculous accusations. Thanks for your time hope to speak soon and hope everyone weathered Florence ok. -Chase Sent from my iPhone On Sep 27, 2018, at 9:21 PM, Jason Ruegg <[asonr@offthehookys.com> wrote: 0 Hi Gregg, Kathryn and Cynthia, Please do not take this email the wrong way - getting accused of something that is not true is just very upsetting to me. I also find it offensive that he thinks I want to run a boat operation from behind my house .... I totally understand that you just have to do your job here! I really do not understand why the neighbor is making these false accusations. There are absolutely no boats that are for sale on my dock, nor have there been any. I would love for him to send you some pictures of this if it is true! We have a skiff on the dock that belongs to my tenant, an inflatable tender (you are welcome to contact yachtworld, boattrader, etc. to see if they can pull up a file where this boat has ever been for sale - it has not been), and that is it. I will likely purchase a center console to keep on the end dock for the time being until we dredge the canal so I can get a big boat back there. That would make 3 boats total - one being my tenant's. I can assure you I have a ton of boat storage and do not have any intention of selling boats off of my dock at my private residence. This would be highly unprofessional and the same neighbor fighting me over this is the same neighbor who also doesn't want to turn Cedar Island into a private gated neighborhood (something I was trying to get done) ... If he thinks I intend on bringing people back to my house he could not be any more incorrect - I want to keep people out of the neighborhood! The ONLY boat I have sold that was at one time on my dock was a Pursuit 408. 1 used this boat as my personal boat and then when it was time to sell it I sent'it to Wrightsville Beach Marina - I never once brought a customer to my home or put a for sale sign on it or in any way did something wrong. When it came time for me to sell it I sent it to one of our locations to do so! I am happy to go to court and to testify this under oath. Also, I can put you in touch with the company that floorplans our inventory. We get audited regularly and 5 Cedar Island is not an approved location for my funding. If we get audited and a boat is not at one of the locations we get in serious trouble and I would jeopardize my entire credit line which would put my company out of business. Only commercial areas can be used as locations, which 5 Cedar obviously is not. These random audits happen 1-2x a month. It would make it impossible for me to keep inventory at this location, and I would never do so anyway. I am more than happy to put you in touch with anyone at the bank who will verify this is not a location of mine and never will be! This neighbor fighting me has 3 docks at his house - I am not sure how this is allowed. If you look him up he is in the business of funding some marine operations. No one is fighting him over it - no one has the time or cares what he does at his own residence. All I am asking for is to extend my dock from 50 feet to 80 feet - not to add any extra slips. I do not get what this guy is fighting me over it - how exactly is this extra 30 feet of dockage going to affect him? Does he really think I am turning this into a commercial operation behind my home??? It is literally insane that he thinks that. 30 feet does almost nothing, but it allows me to squeeze a larger boat in there when the time comes. It also allows me to make the two boat lifts that I have larger since right now they can only fit around a 21-23 foot boat on either side. It does NOT add any extra slips .... I do not know where he is getting that from. Think of it this way, if I actually planned to run a commercial operation out of here what does that 30 extra feet really accomplish? So ridiculous. I only need this extra space to store my personal boats. Once the canal is dredged, behind my house I will be able to get a 70-80 Tooter (one day). The neighbor across the canal built a 100 foot dock and plans to bring his yacht back there as soon as we dredge. I already have obtained one quote to dredge the canal and I am actively trying to raise money to get this done. Most importantly, it allows me to get two larger boat lifts in there. If there is anything I can do to prove to you that my neighbor is incorrect in his assumptions please let me know. I think it is totally ridiculous that he can just throw out claims like this and hold up the process without any justification. I have done absolutely nothing wrong and feel like he is just doing this because of the business I am in. I am in this business because I love boats - I have since I was 4 years old. It is a shame he is throwing out there, without just cause, that I am trying to run a fly by night boat operation out of my backyard. This is just so far from the truth! I wish you guys knew me so you would know how ridiculous this is. Please let me build my dock. We all know this guy is going to be watching me like a hawk - I wouldn't dare to put a boat that is for sale behind my dock! I am sure he will make it his new hobby monitoring my residence for anything he can possibly complain about w/ his spare time. I truly have zero desire to run a boat sales operation from behind my house - I promise you that. You can fine me and do whatever else you need to do if that ends up not being true, but we will not have any problems. I just want a nice dock for my boats. That is the reason I bought it. Thank you for your time and I appreciate your consideration. 0 I ASON RUEG x lasonrOoffthehookys.com �y Office 910-933-2412 1 Cell410-703-5329 Off The Hook Yacht Sales, NC, LLC Offthehookyachts.com On Thu, Sep 27, 2018 at 4:17 PM Kathryn Thurston <Kathryn.Thurston@wilminatonnc.eov> wrote: Hi Gregg, Sorry for the delayed response on this one. I'm glad you reminded me to take a look. We have an active zoning case at this address due to a complaint that Mr. Ruegg is storing boats that he has for sale at this location already. As it stands, the city would not support an increase in the number of slips. I have copied him on this response. Kind regards, Kathryn H. Thurston, AICP Zoning Administrator/Floodplain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 Wilminatonnc.gov 3 From: Bodnar, Gregg[mailto:gregg.bodnar@ncdenr.govl Sent: Thursday, September 27, 2018 9:35 AM To: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Subject: RE: Ruegg - 5 Cedar Island Major Permit App Morning Kathryn, I hope all is well after the storm. I assume the city, and you in particular, are as swamped as we are with storm recovery. I'm touching base with all my outstanding projects and wanted to ask if you've had time to review the Ruegg redesign concerning the City's ordinances. The plans that Courtney sent for review do not have a corrected date, I am still waiting on those. They will be identical to the previous workplans, except for the corrected date. Please let me know if there is anything else I can do. Thanks, especially at this crazy time, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. BodnarCcDncdenr.gov 400 Commerce Ave Morehead City, NC 28557 0 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Friday, September 07, 2018 10:03 AM To: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Cc: Bodnar, Gregg <greRR.bodnar@ncdenr.gov> Subject: Ruegg - 5 Cedar Island Major Permit App Hi Kathryn, Chase Elam, acting as agent for Mr. Ruegg, submitted the attached revised drawings and application on 9/4/18 for his proposal at 5 Cedar Island. Could you take a look at the updated plans and let us know if you have any comments. Gregg Bodnar, copied on this email, is'processing this application so please send any comments his way. Let us know if there are any questions. Kind regards, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soearsOMcdenr.00v 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED Coastal Managemen r ENVIR ON MENTAL OVA a I AUG July 9, 2018 MEN TO: �i�ts�rr,�'(aakran � rGbw l� FROG ` I �tub�6 f ��/ WuJ Q�S7�Mr.��✓'� 2 2018 xltr /lt„+ z Weeks SUBJ 0(ool OUCT CoµtwvK4S U,A't t ell e,(%, . Appli ROY COOPER Govemnr MICHAEL S. REGAN Scarelary BRAXTON DAVIS Dircnor Proje id Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodner at the address above by August 2, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910)796-7426 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. _Z1 This agency approves of the project only if the re mmended changes I 1 f r are incorporated. See attac ed No Co r� Y1 tV , 10 ,< 40 7 Nn m� �6 fkoy hU( (� b-i not M eta cUt/) anR This agency objects to the project for reasons d scribed in the attached �m comments. (01 t� SIGNED ) DATE I l ,n( C01K Stale of North Camlina I E"ironmenlal Quality I Coastal Mmagctmnl 127 Cardinal Dnw ExT. Wilmington, NC 28405 919 796 7215 ROY COOPER cnr" w J �a coaswl managernenf ,ENVIRONMENTAL QUALITY July 9, 2018 MEMORANDUM: ■ _ECEIVED AUG 6 2018 MP SECTION MH® TO: Curt Weychert Fisheries' Resource Specialist MHC-DCM FROM: Gregg Bodnar,,)Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:252T247-3330 F(Courfer 11=12;09j Qregga bodner(a)ncdenc -gov SUBJECT: CAMA Application Review Applicant; °Rue`ggaPperfl s L!LC' MICHAEL S. REGAN Srcrelpry BRAXTON DAVIS Director Project Location: 5 Cedar Island, adjacent to Cedar Island Basin -Canal and Masonboro Sound, in Wilmington, New Hanover County Proposed. Project: to replace -an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and Viforn7fhisformtfo Grepa Bodner at the address above by August 2, 2018. If you have, any questions regarding the proposed project, contact CourtneySpears aY(910)796-7426 when appropriate, in-depth comments with supporting data is requested. REPLY: This: agg""ency has no objection to the project • as proposed. N it 6W14W%t .Mg j,N 0 NeD. 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 b�� DATE V U� RtaCEIVED JUL 11,08 State of Norlb Carolina I Envirowmntal Quality I Consul Management 127 Cardinal Drive:Ext.. Wilmington, NC 28405 tt It u,ITY 919 796 7215, 6C ^MH ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dlmctor NORTH CAROLINA Environmental Quality MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DCM Fisheries Resource Specialist SUBJECT: Ruegg Properties, LLC DATE: August 6, 2018 RECEIVED AUG 6 2018 MP SECTION MND 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 Project is located at 5 Cedar Island, in Wilmington, adjacent to Cedar Island Basin - Canal. The waters the project is located in are classified by the Division of Water Resources as SA, and designated by the Division of Marine Fisheries as a primary nursery area (PNA). The project aims to replace an existing docking facility and add additional floating platform, ultimately increasing the formalized slip counts. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include ffnffsh, crabs, and shrimp. Species inhabit PNAs because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Docking facilities have the potential to shoal after construction leading to decreased depths in slip areas, and should be considered through the design process. A site visit to the property was conducted on August 3, 2018. While all the proposed actions and formalized slips did no not cause concern for adverse impacts to fisheries habitat, the facility was being utilized in ways that weren't permitted. On the adjacent landward site of proposed "slip #1", had a boat utilizing that area as a docking area for a vessel. The water depths in that area could be insufficient for use as a wet slip, and should not be used for docking at any point. Formalized slips in shallow water can allow vessels to repeatedly contact the bottom, resulting in; aquatic vegetation or shellfish bed loss, anoxia in the sediment which can kill benthic invertebrates and reduction of shallow bottom habitat during low tide. In addition, vessels moving to and from these shallow water docks can cause propeller disturbance impacts to the PNA. The intent of the newly proposed project is to increase the areas for boats to dock. With this increase, the area landward of proposed "slip #1" should not be used as a formalized wet slip. Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt Weychertancdenr.gov with further questions or concerns. DE North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252,808,2808 ICU [I] 7.� `il M I To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Ruegg Properties, LLC, New Hanover County Date: August 7, 2018 zConsistencv Determination: This project is -consistent with the Nero Hanover CountyComprehensive Land Use Plan. The applicant proposes to replace an existing private docking facility within the Cedar Island Basin. The project is located at 5 Cedar Island, adjacent to Cedar Island - Basin/canal in Masonboro Sound, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, CW and PT Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the New Hanover County Comprehensive CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, New Hanover County allows development in conservation classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the New Hanover County Comprehensive Land Use Plan. Cc: File DECEIVE® AUG 7 2018 MP SECTION MHD DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 October 11, 2018 Regulatory Division Action ID No. SAW-2018-01454/Ruegg dock 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: RECEIVED OCT 1 1 2018 NIP SECTION MHD Reference the application Mr. Jason Ruegg to reconfigure a docking facility, in waters adjacent to Masonboro Sound, at 5 Cedar Island, in Wilmington, New Hanover County, NC. 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: 1. In order to further protect the endangered West Indian Manatee, Trichechus mantas, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at httv://www.fws.gov/nc- es/mammal/manatee guidelines.ndf. 2. 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. 3. 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. 4. 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 IFIECEAVE® OCT 1 1 2018 -2 MP SECTION MH® the aquatic environment. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. -3- 12. 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. 13. 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. 14. 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). 15. 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. 16. 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. 17. 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 pemvttee'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. nECEI01 E® OCT 1 1 2018 MP SECTION MH® M2 Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: Ms. Karen Higgins/Mr. Chad Coburn North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Mr. John Ellis U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Mr. Gregg Bodnar North Carolina Department of Environmental Quality- Division of Coastal Management Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division RECEIVED OCT 1 1 2018 MP SECTION MH® -5- RECEIVED OCT 1 1 201E MP SECTION MH® V# 22 Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 November 29, 2018 Action ID No. SAW-2018-01454 and State Permit No. 126-18 Mr. Jason Ruegg Ruegg Properties, LLC. 6401 Old Military Road Wilmington, North Carolina 28409 Dear Mr. Ruegg: Reference your application for a Department of the Army permit to reconfigure a docking facility, in waters adjacent to Masonboro Sounds, at 5 Cedar Island, in Wilmington, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, M0 Liz Hair Regulatory Project Manager Ii -2- Enclosures: Plans CAMA permit GP 291 permit Manatee Guidelines Electronic Copies Furnished (with enclosures): Mr. Chase Elam; Carolus Building Company Electronic Copies Furnished (without enclosures): Mr. Fritz Rohde; NMFS-HCD Mr. Pace Wilbur; NMFS-HCD Ms. Twyla Cheatwood; NMFS-HCD Mr. Doug Huggett; NCDEQ-DCM Ms. Karen Higgins; NCDEQ-DWR Mr. Pete Benjamin; USFWS Mr. John Ellis; USFWS Mr. Todd Allen Bowers; USEPA BOSN4 Ryan Taylor; USCG Mr. Chad Coburn; NCDEQ-DWR Mr. Gregg Bodnar; NCDEQ-DCM 6) OCT 04 Bodnar, Gre From: Jack Byrnes <jcbfour@hotmail.com> `P? Le 9f� W/ Sent: Monday, September 24, 2018 9:03 AM CC�rnQJ To: Bodnar, Gregg Subject: [External] Re: Ruegg Properties 5 Cedar Island Wilmington NC Attachments: 99EA793C-3185-4896-81E2-E77AB1E91BFF jpeg; 068E5BDA-90E7-47BC-93D9- EFFC08872D46jpeg Hi Gregg, I never did get anything from the "agent' but I eventually got the packet mail forward by the post office from my Florida address. Although the project has conformed with the city of Wilmington concerns over the floating dock to reduce it from 10 foot to a 6 foot wide width, It looks like there is nothing I can do to change the 5 slip continuous 85 foot length of it. Although Mr Ruegg has pledged to not use it for commercial purposes, that fact that it has been applied for under his Ruegg Properties NC LLC, there could always be that ongoing possibility of boats moored there that are not registered under his name. I see that the Floating Dock setback from the 7 Cedar Island propertyline has not changed and is still the same 44 feet as the previous owner's floating dock. I will ask My sister and husband who live in Wilmington who also are joint owners of 7 Cedar Island, to closely monitor that it is maintained at that same 44 feet during and after construction, although I would think Hurricane Florence would delay the project startup a bit. Thank you for your continued contact. John C. Byrnes 7 Cedar Island Wilmington, NC From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, September 10, 2018 7:59:55 AM To: Jack Byrnes Subject: RE: [External] Re: Ruegg Properties 5 Cedar Island Wilmington NC Thank you sir. I will provide to the agent. Thanks, Gregg Fvgg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management D Department of Environmental Quality 1 252 808 2808 ext 215 office J1 Gregg. BodnarOncdenr.gov 400 Commerce Ave Morehead City, NC 28557 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: Jack Byrnes <jcbfour@hotmail.com> Sent: Friday, September 07, 2018 4:20 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: [External] Re: Ruegg Properties 5 Cedar Island Wilmington NC If u want to resend via postmail, My NC summer seasonal address is PO Box 221 Little Switzerland, NC 29749 Or a scan is ok too. Thanks! From: Bodnar, Gregg <ereaa.bodnar@ncdenr.aov> Sent: Friday, September 7, 2018 4:01:29 PM To: Jack Byrnes Subject: RE: [External] Re: Ruegg Properties 5 Cedar Island Wilmington NC Afternoon Mr. Byrnes, It was Mr. Ruegg. They redesigned the proposal to meet City of Wilmington ordinances. I see about getting the package scanned and sent to you via this email address: Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(o)ncden r.gov 400 Commerce Ave Morehead City, NC 28557 -^--'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: Jack Byrnes <icbfour@hotmaiLcom> Sent: Friday, September 07, 2018 2:50 PM To: Bodnar, Gregg <Rregg.bodnar@ncdenr.¢ov> Subject: Re: [External] Re: Ruegg Properties 5 Cedar Island Wilmington NC Hello Gregg, I am try to determine the sender of a certified letter sent to the address of record for 7 Cedar Island in Wilmington, NC (John C Byrnes Trust et al in Fort Lauderdale), and if it was regarding the Jason Ruegg application for a CAMA PERMIT on his 5 Cedar Island residence in Wilmington, NC. The post Office in Fort Lauderdale tried to call me to sign for it but I could not understand each other re who it was fromlr the fact that I would not be there for some time. I am not expecting any certified mail so just wondering if it was your office. If so can you please scan it to me in reply to this email, as I will not be in Florida until the fall and there is no knowing what will happen to it or where it will go, if not signed for. Thanks. If it was not from your office, also reply as such please. John C. Byrnes From: Bodnar, Gregg <RreRR.bodnar@ncdenr.gov> Sent: Tuesday, August 14, 201812:51:15 PM To: Jack Byrnes Cc: Huggett, Doug Subject: RE: [External] Re: Ruegg Properties Mr. Byrnes, I have received your comments. Thank you for being involved in this process. At the time of permit issuance or denial, the Division will send you a letter regarding the outcome. Thanks again and have a wonderful day, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(a)ncdenr.00v 400 Commerce Ave Morehead City, NC 28557 ':. 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: Jack Byrnes [mailto:icbfour@hotmail.com] Sent: Monday, August 13, 2018 7:41 PM To: Bodnar, Gregg <xrear;.bodnar@ncdenr.eov> Cc: Huggett, Doug <doux.huesett@ncdenr.eov> Subject: [External] Re: Ruegg Properties Dear Mr. Huggett and Mr. Bodnar, I am replying to the ongoing discussion of Mr. Jason Ruegg's application for a MAJOR Cama Permit on his property as owned by RUEGG PROPERTIES LLC, 5 Cedar ISLAND, Wilmington, NC 28409 to develop a significantly large boat dockage facility. It has been reported to the island residents by unconfirmed secondary sources, that the dockage facilities have in fact, due to their size and number, been put out for bid as a COMMERCIAL project and the existing former residential structure put out for lease on CraigsList, even though, according to legally recorded CEDAR ISLAND DEED RESTRICTIONS, all lots including their deeded waterfront parcels on Cedar Island are to be used for RESIDENTIAL PURPOSES ONLY. NO COMMERCIAL USES of any home or boat facilities of any such properties are allowed. The latest City of Wilmington mandate limits the 10 foot width to the existing 40 foot floating dock section and allows the new extension to only a maximum of 6 feet. Depending on how the sections are aligned to each other, this means ABSOLUTE NOTHING, if the two sections on the front deepwater side are positioned to make an 80 foot continuous running length, whereby potentially a 60 to 80 foot boat could be moored there. If the two 40 foot sections are aligned in a straight line on the shallow back side nearest the Bulkhead, the pier and floating ramp will take care of dissecting the 80 foot run on both the front AND the back sides into two shorter 40 foot slips on on the front and two 30 foot slips on the back sides. Two nonaligned (6' X 40' & 10' X 40') sections on the deep side whereby it is non usable for longer than two 40' slips on the deep side and one aligned 80' span on the shallow side with the descending approach ramp dissecting it to prevent the use of the full 80' and essentially turns into 2 shorter than 40' slips on the shallow side. The end result would be that there are four usable slips with NO USABLE slip longer than 40'. This is certainly more than any one homeowner needs in the small boat basin of Cedar Island, IF IN FACT THEIR INTENDED USE IS RESIDENTIAL. A USABLE 80' Slip breeds trouble and is an undeniable use of the proposed project as a commercial entity. That is the only acceptable alignment in my opinion, so that a long 80 foot run cannot be utilized on either the front OR the back sides. The basin and the channel cannot handle such a potentially large vessel. IT does not even have enough turning or backing space. We need to make that objection compulsory - that the two 40' sections be aligned so that the continuous 80 foot run is on the LANDWARD side of the floating dock. That essentially cuts the project down to FOUR slips - which is MORE THAN any residential use of the project needs in our residential neighborhood. We are not a five slip neighborhood, nor do we have the parking infrastructure to handle a potential five slip use day. If the designer of the project insists on any other alignment, you can be SURE of rough water and mixed usage ahead! CAMA should strictly outline that the use of the project is restricted to RESIDENTIAL USE ONLY - TO BOATS REGISTERED IN Jason Ruegg's PERSONAL NAME ONLY, not in the name of RUEGG PROPERTIES LLC. THE CEDAR ISLAND BOAT BASIN CANNOT REPEAT CANNOT handle the proposed commercial use of the boat basin - it is not large enough, deep enough, nor was it EVER designed for such purposes. The Adjoining property owners PRIVATE DOCKS on each side of the proposed project, I myself included, will severely be impaired by the severity and size of the Ruegg project to the degree it will limit the manuverability of boats to the left and right side riparian owners of such project. It must be downsized and contained to the normal customary slip size and number of a typical residential dockage request for CAMA approval. Mr. Ruegg's application is essentially ....... a ridiculous disregard of a communities 60 year's of genteel existence. Thank you for your consideration of our residential community's welfare and quality of life. John C Byrnes 7Cedar Island Wilmington NC Immediate Adjoining Riparian Property Owner to 5 Cedar Island From: Bodnar, Gregg <eresa.bodnar@ncdenr.eov_> Sent: Monday, July 30, 2018 1:01 PM To: icbfour hotmail.com Cc: Huggett, Doug Subject: Ruegg Properties Afternoon Mr. Byrnes, Per your request made to my supervisor, Mr. Doug Huggett, I have attached the application for Ruegg Properties LLC. If you have any further questions please let me know, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office G reoa. Bodnar(a)ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 r;. 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. Bodnar, Gregg From: Jack Byrnes <jcbfour@hotmail.com> Sent: Monday, August 13, 2018 7:41 PM To: Bodnar, Gregg Cc: Huggett, Doug Subject: [External] Re: Ruegg Properties JN: hxternal ernan. un not nick link% or nor Dear Mr. Huggett and Mr. Bodnar, I am replying to the ongoing discussion of Mr. Jason Ruegg's application for a MAJOR Cama Permit on his property as owned by RUEGG PROPERTIES LLC, 5 Cedar ISLAND, Wilmington, NC 28409 to develop a significantly large boat dockage facility. It has been reported to the island residents by unconfirmed secondary sources, that the dockage facilities have in fact, due to their size and number, been put out for bid as a COMMERCIAL project and the existing former residential structure put out for lease on CraigsList, even though, according to legally recorded CEDAR ISLAND DEED RESTRICTIONS, all lots including their deeded waterfront parcels on Cedar Island are to be used for RESIDENTIAL PURPOSES ONLY. NO COMMERCIAL USES of any home or boat facilities of any such properties are allowed. The latest City of Wilmington mandate limits the 10 foot width to the existing 40 foot floating dock section and allows the new extension to only a maximum of 6 feet. Depending on how the sections are aligned to each other, this means ABSOLUTE NOTHING, if the two sections on the front deepwater side are positioned to make an 80 foot continuous running length, whereby potentially a 60 to 80 foot boat could be moored there. If the two 40 foot sections are aligned in a straight line on the shallow back side nearest the Bulkhead, the pier and floating ramp will take care of dissecting the 80 foot run on both the front AND the back sides into two shorter 40 foot slips on on the front and two 30 foot slips on the back sides. Two nonaligned (6' X 40' & 10' X 40') sections on the deep side whereby it is non usable for longer than two 40' slips on the deep side and one aligned 80' span on the shallow side with the descending approach ramp dissecting it to prevent the use of the full 80' and essentially turns into 2 shorter than 40' slips on the shallow side. The end result would be that there are four usable slips with NO USABLE slip longer than 40'. This is certainly more than any one homeowner needs in the small boat basin of Cedar Island, IF IN FACT THEIR INTENDED USE IS RESIDENTIAL. A USABLE 80' Slip breeds trouble and is an undeniable use of the proposed project as a commercial entity. That is the only acceptable alignment in my opinion, so that a long 80 foot run cannot be utilized on either the front OR the back sides. The basin and the channel cannot handle such a potentially large vessel. IT does not even have enough turning or backing space. We need to make that objection compulsory - that the two 40' sections be aligned so that the continuous 80 foot run is on the LANDWARD side of the floating dock. That essentially cuts the project down to FOUR slips - which is MORE THAN any residential use of the project needs in our residential neighborhood. We are not a five slip neighborhood, nor do we have the parking infrastructure to handle a potential five slip use day. If the designer of the project insists on any other alignment, you can be SURE of rough water and mixed usage ahead! CAMA should strictly outline that the use of the project is restricted to RESIDENTIAL USE ONLY - TO BOATS REGISTERED IN Jason Ruegg's PERSONAL NAME ONLY, not in the name of RUEGG PROPERTIES LLC. THE CEDAR ISLAND BOAT BASIN CANNOT REPEAT CANNOT handle the proposed commercial use of the boat basin - it is not large enough, deep enough, nor was it EVER designed for such purposes. The Adjoining property owners PRIVATE DOCKS on each side of the proposed project, I myself included, will severely be impaired by the severity and size of the Ruegg project to the degree it will limit the manuverability of boats to the left and right side riparian owners of such project. It must be downsized and contained to the normal customary slip size and number of a typical residential dockage request for CAMA approval. Mr. Ruegg's application is essentially ....... a ridiculous disregard of a communities 60 year's of genteel existence. Thank you for your consideration of our residential community's welfare and quality of life. John C Byrnes 7Cedar Island Wilmington NC Immediate Adjoining Riparian Property Owner to 5 Cedar Island From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, July 30, 2018 1:01 PM To: jcbfour@hotmail.com Cc: Huggett, Doug Subject: Ruegg Properties Afternoon Mr. Byrnes, Per your request made to my supervisor, Mr. Doug Huggett, I have attached the application for Ruegg Properties LLC. If you have any further questions please let me know, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(a.ncdenr.aov 400 Commerce Ave Morehead City, NC 28557 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. Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, July 30, 2018 1:01 PM To: jcbfour@hotmail.com' Cc: Huggett, Doug Subject: Ruegg Properties Attachments: D00072418-07242018084635.pdf; D00072418-07242018084620.pdf Afternoon Mr. Byrnes, Per your request made to my supervisor, Mr. Doug Huggett, I have attached the application for Ruegg Properties LLC. If you have any further questions please let me know, c�aic Gregg 7 Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(ancdenr.00v 400 Commerce Ave Morehead City, NC 28557 c Nothing Compares lH;s ig A 2 C +m+ N L4r. IeV'-JL. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Mr. Chase Elam PO Box 180 Wrightsville Beach, NC 28480 Dear Mr. Elam: NORTH CAROLINA Environmental Quality August 28, 2018 This correspondence acknowledges your August 28, 2018 email in which you indicated that your client, Jason Ruegg, wishes to place his CAMA Major Permit application in abeyance until the project has been redesigned and re -notification has been completed. Based on this request, processing of your application will be placed on hold until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (252) 808- 2808 ext. 215, or by e-mail at gregg.bodnar@ncdenr.gov. Sincerely, Gregg Bodnar Assistant Major Permits Coordinator North Carolina Department of EnNronmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 i .. Bodnar, Gregg From: Chase Elam <carolusbuildingco@gmail.com> Sent: Tuesday, August 28, 2018 9:34 AM To: Bodnar, Gregg Subject: Re: [External] Re: Ruegg Properties Hey Gregg, I would like to put this project on applicant hold until we resend changes to neighbors and the city for comment. Thank you - Chase Elam Sent from my iPhone On Aug 28, 2018, at 9:31 AM, Bodnar, Gregg <Rreee.bodnar@ncdenr.eov> wrote: From: Jack Byrnes [mailto:icbfour@hotmail.coml Sent: Monday, August 13, 2018 7:41 PM To: Bodnar, Gregg <grese.bodnar@ncdenr.¢ov> Cc: Huggett, Doug <doug.hueeett@ncdenr.eov> Subject: [External] Re: Ruegg Properties Dear Mr. Huggett and Mr. Bodnar, I am replying to the ongoing discussion of Mr. Jason Ruegg's application for a MAJOR Cama Permit on his property as owned by RUEGG PROPERTIES LLC, 5 Cedar ISLAND, Wilmington, NC 28409 to develop a significantly large boat dockage facility. It has been reported to the island residents by unconfirmed secondary sources, that the dockage facilities have in fact, due to their size and number, been put out for bid as a COMMERCIAL project and the existing former residential structure put out for lease on CraigsList, even though, according to legally recorded CEDAR ISLAND DEED RESTRICTIONS, all lots including their deeded waterfront parcels on Cedar Island are to be used for RESIDENTIAL PURPOSES ONLY. NO COMMERCIAL USES of any home or boat facilities of any such properties are allowed. R Application Review Checklist / Letter A b(Zfi/$ 75 Q 4 J Placard Comm�jnt Applicant Pub AG(2G/ew Comment z Computers 6 26 49%q7Y;1,19 /� Agent ((A(F;Q., EIQ—y—� r ''n Field Rep. /j,11r�'/ Physical Address S�PcIOr .1510✓lCl UV lk+ AECs Riparian Notification? �yrlu5 CN� Raparian rights From Property line Navigation/ Channel Proximity FT calculations PTA Concerns? Habitat 4 4 // / Development Designations �Vit C/OYr+ Buffer LA Grf en Card? Signed Form? No Obj Waive 15' -i Z/ie7 Water Deed? Dependent ?o$I" (01,2 PH or j ry`4 2 1/4 width? ntial Commercial rr�, 27fe N/A �S6I-(9aq`) t7,t, qPr. Are u45 i 41i D t Z % f`Ac�s 2 1" IS +( LAt�=3 'Sc C' S!c ( It 1AO W% 64,70 L;� IAS-**) 1,5 551 A(�W �t�Jart4� ISSUES OF NOTE CbieA� - aY 2ropog2d - �lDle(' a ss �60tr et, C 610'7 S 51.P,5 / �os,'b� �o GSg, Major Development Excavation/Fill Applicant 2yPco �iu Address l�lol al�d County Physical Location including Waterbody Description G MP Forms Dates Drawings Permit Checklist Permit# (2(,-(f3 MP1 G I MP2 I MP3 �MP4 MP5 a 113 \e � 4 9 r 1�e # Drawings & Dates ( 3 Development Types Including Conditions IS f and Notes Y �GWt�� �vGl 11 T/ KIfM��tC��� I I q i3 ?,-e rip 5&-i -• i r" ft i'I ae -116 3 ,k 3 P4A c651E ak �v,--3 v�IeMuo Nr'fW I r'�ecj Hip ire,4n 2013, Hallo DWR 401 Certification # USACE SAW # Permit Fee p Addit' Hal Comments On Back arrtD "(s'�it3 5 vc4t. dt�i�J i ,�-- IC � Sl r Il ^ R. P 23fF N -'%k, ,X f �� mum APPLICATION for Major Development Pormit (last revised 12127106) bd North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name RV Q("o K L_l - L Project Name (if applicable) -t -i-; t 5 Applicant 1: First Name MI Last Name �Sbn D. Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address / 0l it/ ���.r� Rd• PO Box City w;l��,. State N(— ZIP Country u's Plane No. 7e)3 -tiy axt. FAX No. yl d Street Address (if different hom above) City State ZIP Email 2. Agent/Contractor Information Business Name L'Z'i05 Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city state 1 c7 \.I c 0(,J Ak ' '- NQ ZIP -i-s 4 Sv Phone No ft 11'5k - 1 `11�5 Phone No. 2 exL FAX No. Contractor # 70k3' Street Address ff different from above) City State 1,o0\ Coc--\ �. :1r Shisltyt� �1� 3V Email C�-.t-0\uS K V RECEIVED mrur-lvlau DCM WILMINGTON, NC <Folm continues on bacb JUL 11 2018 JUN 2 6 2018 252.808-2808 :: 1-888-4RCOAST :: www.nccg7 fM1f Mt0JT4Vht.net Form DCM MPJ1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location Countylcan be multiple) Street Address State Rd. # Ne,w t\UVkX— cRx4r^r Tgkt-J Ovo Subdivision Name C jAY :�s city 1 \4tIW"V\r�b,- State I &Q Zip 2Yyoq No. Lot NO.(s) (if many, attach additional page with list) (Phone J (Io -70 - �31 ext. - , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project C� -L � C- CFAC� ldc—'J Agsin c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Vlatural ❑Manmade ❑Unknown Ap-/ V e. 1 IJ°posed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ( es ONO work falls within. Q�v W,l� o 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) I`1S,Z 7N `1 7,6 c, Size of individual lot(s) / MITT 6 d. Approximate elevation of tract above NHW (normal high water) or NWL (normal waterlevel) (If many lot sizes, please attach additional page with a list) 6 r ANHW or ❑NWL e. Vegetation on tract �ti.W� r, C<-S5 (C,��Sc�p,�-dam f. Man-made features and uses now on tract S{,,tLt- � 4":1Y ,.�.a �� dlvcn� d OCACA�^v i(4zl4y. g. Identify and -describe the existing land uses adiacent to tite proposed project site. I z't 5rdlr4�t"� S�* fl-Y"r `y- h. How does local government zone the tract? i. Is the proposed pmject consistent with the applicable zoning? (Alta zoning compliance certificate, if applicable) es ONO ❑NA I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes N k. Hasa professional archaeological assessment been done for the tract? 0 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 EZNo ❑NA National Register listed or eligible property? Form continues on next pages mmuclvcu RECEIVED DCM WILMINGTON, NC JUN 2 6 2018 JUL 1 1 2018 252.808-2808 :: www.nccaIMM=MPe crW. net: Form DCM MP=1 (Page 3 ofA) APPLICATION for Major Development Permit in. (1) Are there wetlands on the site? /Y/es []NO (ii) Are there coastal wetlands on the site? Ws ❑N/q (III) If yes to either (i) or (it) above, has a delineation been conducted? Dyes E No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. fi"urii c. pq) o. Describe existing drinking water supply source. /hVh%Cr P `1 p. Describe existing storm water management or treatment systems. h-\v\': C„'P-1 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑ mmercial ❑PublidGovemment rPrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Pr>vN 5t* fe' .')y \ CIO-,kz-v+ for 0"-c)i �lcSSeIS. 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. I CO S� C �UVhi l^/otJci radrl-.o•.�,v d�c1L. ,r. t-,l ro•• U�. Sxt olvr� Grr�$}rvti-c°^s. d. List all development activities you propose. CAnS�cvc>r \,G}\a may, p1-,�Eoc-• �lc��..,Y do�j� d- }.� oF(- rib-r- fs e. Are the proposed activities maintenance or an existing project, new work, or both? OVA} old k-v,'y lib�} 1\0<) tasi- N hx.,/ w.«IIL pla}.(,rl,. J� 00�f f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres No \Jp)-+q g. Will the proposed project encroach on any public easement, public aocessway or other area ❑Yea No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. r IA I. 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 llybLyJNA j. Is there any mitigation proposed? []Yes No ❑NA If yes, attach a mitigation proposal. DCM WILMINGTON, NC <Form continues on back> RECEIVED JUN 2 6 2018 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net DCM-MHD CITY Form DCM MP,1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (i) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion akeady complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims twe to the affected properties. e. The appropriate application fee. Check cr 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 Tho-5 Po -"_ Phone No. Address 6 LtJ ur- v_:5)c^^ t) Name Sohn G_ Mi ftrf-$ Phone No. r Address g4lt, occ-� \owd, N, AP-}, 60l �O C'r (rnudccr),k r FL 333 di' Name Phone No. Address g. A list of previous state or federal rmits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 6P �t? 5 sg � h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. N 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), 8 necessary. 0 the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I 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 cis that the information provided in this applicabo/n rjtruthful to the best of my knowledge. Date m f 't Print Name r _. km lffllmrwww � Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts OP CM MP-3 Upland Development mDCM li Structures Information RECEIVED RECEIVE15CM WILMINGTON, NC JUL 1 1 2018 JUN 2 6 2018 252.808-2808 :: 1-888-4RCOAST :: www.nccoaspG "W&e ffYet Form DCM MP-4 STRUCTURES (Qe l advollon Wlfbin Palello Trust Ares) Attach this form to Joint Application for CAMA Major Perm#, Form DCM MP-t 88 sure to complete so other sections of the Joint Application Met relate to this lNoPosed Pfojeot Please Include all supplemental IMormetbn. 1.; 06C1(1N6FACIUTY/MAR/NA CHARACTER/$T/CS OThM section nat eppllcebte e. U) ts the dck8kklrrg fecil#y/medne: � ❑Commerdsl b: W Witi tlhe re open W the general public? OPubIldQovemment IHPdvetslCommuntiy Ogre . a (I)DOsk(911811ift r(s) d. (I)MFingerlalersinduded? Oyes dNo 01) Nutt" (to) Length » �40�'" If yes; Uv) Wtdth (11) Number (v) Floating byes a�o (111) Length (Iv)1Mdlh e. 0) Are Placorms induced? (h) Floating OYeo ONNo [( Yea ONo x_plj��l i•�S/1 f. O) Are Boaft Induced? llcYes ONO [ryes: (4) Numb"l (dl)Lent Kr �. $f (g)Number 16_ (Iv)Widtlk� / &�) yr (fill Length (Iv)wldth (v) fl�9 Oyes IMNo Note: Roofed areesare ce/culated imm ddpase dimension. 9. U) 5mberof dips proposed h. Check all the on of services to be provided. pi umberof s5pe ardaMg O pull servlee, Induding travel geand/or miL repair or malntanonce service ........ _. ❑ Dockage, fuel, end medne supplies INDookegefV0140e1or4,numberofslips: Q Dry eW W. numberof hosts; O Boat (ample); number of toot ramps: �. [1 Other, please deaerbe: 1. Check the proposed type of siting: ❑ land cut and access channel [)0pen weWr, dredging (or basin and/or channel Open water, no dredging wquimd 1300rek: please describe. k. Typtpihwtlength; EE Iho�diity have 9e pgkrge7 No 01) Iryes numberof de pllq�a? J. Describe the typlU boats We served (e.g.. open runabout charter boats $ag boats, mixed types). Uk II Ka +ypeS L (I) W I the fedgb beopen to the genersi publto? Oyes o RECEIVE® NOV 5 2018 26'e.8ee,28a9 r: 4988�1LtCag6Y a: y� necoastatms»anemens net Forth VcP4 NOP4 (Stfucturee, PAga 2 of 4) a : DOCK/N4FACtU7 MAMMA-6)DERAMMS ' �secNon not appAceMa- Chegt each MtM foitaMtrg eetdfarytedgtlea thatwm be included in the proposed project. ©ormeTogds 137011etafapatronsMumber.; Woegom 0 Showers ❑ 9oefhdding tank pump st Give We and location. b. DeeolbebeetmOntMmand dtsp0sal location toralleeniterywaatswaator. C. Daeobba the draposet McMd waste, tteh offal and trash. d. How will overboard discharge ofaewepaham bombs be conimged? e. (i) GNe the tocWcn end mlmtror of'N0 t?ewmge Dlsdtary gfWW pmpoaed. (t) Give the bmtloo and number Of'Pumpout Available• signs proposed. f. Describe the special design, 0 applicable. for aonletning Industrial type pe ltdents, such 68 paint sandblasting waste and petroleum products. g• Where wttrosldue from vessel maintenance be disposed of? h• Give the number 0lohennel markers and 'No Wake• signs proposed. L Glve the location Mtuel h Mli ng facilities, and describe the eafegf measures planned to protedereawaler qual ly. J. What wigbsthe madnepolicy onovernight end liveeboarddackoge? IL Describe design measures that promote boat basin gushing? I. It this pro)ec( is an expansion Men 01181111 madm. whet Was of servicee are currently provided? 9 NOV 5 AM MP SECTION MH® 262-800.2a06 rr 1-Fi66 4RCOAS7 ;: h.ww n6Q g�tmanaaeme no ravisedr 12127106 FOrm D,CW) MP.4 (Structures, Page 3 of 4) m. le am me"doddng mom, 0rop08Gd w" a Primary or secondary owearyems? Dyes ONO n. Is the madnefdoddng feditty propoved WNh1n oradjewnt to any shelilbh l ervnbg.em? Mac (7No o. 1ethe mWneAdo iftfocrWproposedwithinoradjacentt000eemlWalto lmamh ").orottterwetlanb(WW Itenyboxesorochedmd,pmvideg nunflmrofaqum,testanf l edsqueHcvegelelbn(8AN4,ohef! OCW I]sAv _ Q88 -� 0M 13NM p. Is the Papbged nlo"doddnp fadlNy boated wWn orwtihln dodo prmdmtty to my ehWM Naerb? []Yes CINo if yeo, pNo the name and addreea of the WaDdhddef(a), and give Me prebmNy to the lone. 3. BOATHOWEVJ Wrrarr,gcoveiea,tgs) a; (I) is me boathouse dnrcNre(®r EXORI Mel QPubkMovemment ❑Pdvote,Communhy (0) Number r� (91) Length (N) Widdt _ Note.- RooMdamas&ocatcularodfromddpgaedtmenafons. 4..QR0jN.(eg e. g) Number (m length 00) Width 5 BREAKWA! a. Length ► 09 ah"WO, eta!fa rook groin, use MP-2 Excavatlon and Fig) . c. MetdmumdietsnceboforkNNW,NWLarwacamm s. tethe eWdure(ek I]Commerclel OPublk/pavemment i]Prhrawimmmunity a Dlsmnce to be placed beyond shoreline _ Note: 'M6110uklbe measured them msreh act^ A pnwnL 0 e. Aro of the awing , b. AveregedFsw=bomNl{W NVWL,crweuande 4TNa seogon not appitoebie b• Number d. DWAPBan of buoy (cdor. btscdpdon, sb e, endmr, eta) NOV 5 2018 MP SECTION MHD 492.8882800 so t-ee8-4RCOAST. a w.vwsyreoastgILA AA-noneme0-tag revieeds 4Tr9106 Fo►m ®CM Ilia-4 (Structures, Page 4 *f 4) e. PmxlmiNolffl" ro(a)toadjacentdorlanpropertylfim Note: ForbUQyormaotM9Pftuse etcof$w/nglnclddGtpfength of ve".. o. W'i'dt�ho'fwaterbody e• 0) Will v(0nal amabe required as a result of the pmjow Wi re 1JUNo (II) If yea, mmistn what typs end how theywill be Implemented. 8 Q—THER . . a. ONG 0=1310te deacdpUon: b. Proxlmltyofshctum(s)tDigacentdocWgfacMUm GLlPZo d. Water depth etwaternardand ofebuctureatNLWorNWL r-cvLILJ �1%lk i Date —"-~— Project Name ' . .. pThlssecttonaof�pplicable RECEIVE® NOV 5 2018 MP SECTION MHD 202-808-2000 to 1•8e6.42COAS'r:; ywiw.nocaastelmanaaamartL nPiQ ravtaods 12/27/00 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Ruegg Properties LLC c/o Jason Ruegg 2. LOCATION OF PROJECT SITE: 5 Cedar Island, adjacent to Cedar Island Basin/canal, in Masonboro Sound, New Hanover County. Photo Index - 2006: 22-7422, M, 15 Latitude: 34011'14.74"N Longitude: 77150'03.06"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/8/18 Was Applicant Present — Yes (agent) 5. PROCESSING PROCEDURE: Application Received — 6/26/18 (initial and complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Co./Wilmington Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Sewer Planned - None (F) Type of Structures: Existing — timber bulkhead, private docking facility, SFH Planned — New docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRFD('PD FII I Fr) OTHFR (A) Vegetated Wetlands 174 ft2 (shaded) (B) Non -Vegetated Wetlands — Open Water 1,717 ft2 (incorporated) (C) Other - Highground (D) Total Area Disturbed: 1,717 ft2 (0.04 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to replace an existing private docking facility within the Cedar Island Basin. RECEIVED JUL 11 Z018 DCM-MHD CITY Ruegg Properties LLC Page Two 9. PROJECT DESCRIPTION The project site is located at 5 Cedar Island, off Greenville Loop Rd., adjacent to the Cedar Island Basin, in Masonboro Sound, in New Hanover County. To locate the property from Oleander Drive (NC Highwayl7), turn onto Greenville Loop Road and travel west approximately 1.5 miles just before Bradley Creek Elementary School. Turn left onto Old Military Road and travel east approximately 0.5 miles until you reach Cedar Island. Continue to 5 Cedar Island, which is split across the road with the single family home on the left and docking facility on the right. The property consists of approximately 1.7 acres and the average elevation is approximately 6' above normal high water (NHW). Upland vegetation consists primarily of lawn grass and native trees and shrubs. The property borders Cedar Island Basin/canal, which is also shared by the adjacent riparian property owners and the residents of Cedar Island directly across the basin to the west from the property of interest. The property has approximately 145' of shoreline which is stabilized by an existing timber bulkhead. Waterward of the bulkhead is a swath of Coastal Wetlands averaging approximately 25' in width consisting primarily of Smooth Cordgrass (Spartina alterniflora). The applicant maintains an existing private docking facility in the Cedar Island Basin/canal. The existing pier extends in a westerly direction from the bulkhead and is approximately 40' in length by 6' in width terminating in a "T-head" open platform measuring approximately 14' by 8'. An access ramp then leads onto an existing floating dock, measuring approximately 41' in length by 10' in width, which runs parallel to the shoreline. There are two tie pilings associated with the floating dock, which are both approximately 18' waterward of the floating dock. Between the "T-head" platform and floating dock, on either side of the ramp, are two boat lifts each measuring approximately 13' by 14'. The existing facility extends approximately 56' into a waterbody measuring approximately 162' across. The application states that existing docking facility accommodates up to three (3) vessels in water depths ranging from approximately -2.5' to -5.5' at NLW (See sheets 1 and 4 of MP-4) (See Sheet 1 of 3). The Cedar Island boat basin was originally permitted and dredged in 1969 under Federal permit # 26-69 and State Permit #184. Maintenance dredging was performed in 1977 and 1989 through State permit #208-89. Most recently CAMA Major permit #9-03 was issued for maintenance excavation on 1/14/03 and it expired at the end of 2006. By review of historical aerial photography, the current docking facility appears to have been constructed sometime between 1981 and 1989. The two existing boat lifts were authorized via General Permit 47588D issued to a previous owner (Willetts) on 4/27/07. No other permit history could be located for this address. The New Hanover County/City of Wilmington Land Use Plan 2006 Update classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. In the project area, the waters of Cedar Island Basin are classified as SA, by the NC Division of Water Resources, and they are CLOSED to the harvest of shellfish. These waters ARE designated as Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. PROPOSED PROJECT: The applicant proposes to replace an existing private docking facility within the Cedar Island Basin. Once the existing docking facility is removed, a new fixed pier measuring approximately 6' wide by 40' long running perpendicular to the shore would terminate in a covered 8' by 14' "T-head" platform in essentially the same footprint as the existing pier. From the terminus of the fixed pier would be ramp leading to a shore parallel floating dock measuring approximately 85' by 10' with a small 5' by7' extension on the RECEIVED JUL 112018 DCM-MHD CITY Ruegg Properties LLC Page Three landward side on which the ramp would land. Just landward of the float, in the same vicinity of the existing boat lifts, two (2) new lifts would be installed each measuring approximately 15' by 16'. The application states that the new facility would accommodate up to five (5) vessels in water depths ranging from approximately -2.5' to -5.5' at NLW (See sheets 2-3 of 3). However, given the length of the floating dock, it appears there is potential for dockage of approximately six (6) vessels. 10. ANTICIPATED IMPACTS The construction of the new docking facility would incorporate approximately 566 additional square feet of Estuarine Waters and Public Trust Area outside of the area of existing impact for the current facility. It would also result in the shading of approximately 174 ftz of Coastal Wetlands that is also currently shaded by the existing facility. The proposed facility would extend approximately 46' into the waterbody measuring approximately 162' across, which is approximately 4.5' beyond the'% width, but 10' landward of the current facility alignment. The new facility would not exceed the length of the adjacent docking facilities nor would it extend longer than 1/3 the width of the waterbody. The proposed structures would be located within the applicant's riparian access area and would not encroach into the adjacent 15' riparian corridor setback requirements. Minor increases in turbidity should be expected during construction. Submitted by: Courtney Spears Date: 7/3/18 Office: Wilmington RECEIVED JUL 11 2018 DCM-MHD CITY Project Narrative 5 Cedar Island Wilmington NC 28409. Ruegg Properties NC LLC We propose to remove the current 40' x 6' walkway and pilings, 8' x 14' platform, 5'x7' floating dock and 10' x 40' floating dock. We also will be removing 3 tie off pilings and the pilings for the floating dock. We plan to reconstruct the current walkway 40' x 6' and the platform 8' x 14' with new hip roof gazebo. Replace the 5'x7' floating section that the gangway will rest on and put a new 10'x85' floating dock and replace existing boat lifts with new 6 pole footprint (16'x15'). The purpose of the private residential docking facility will be for storing various pleasure boats. Mr. Ruegg has numerous boats of various sizes. He needs the facility for docking and a place to access his vessels. Thank you. Chase Elam Carolus Building Company (919)819-4275 carolusbuildingco@gmail.com RECEIVED JUL 1 1 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC v ON 'NOiONINTAA NO(] 03N303N S A110 OHW1400 gm i i inr 03AI3038 RECEIVED DCM WILMINGTON, NC Ib AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: JASoNIN D' Mailing Address: Gl C e1 C) �j / \o'-�Cny-y Phone Number: 410 — 703 — S 3 , - j Email Address: Sc,SOh f - @ off �K-"'O1c'y S . Ceu'-, I certify that I have authorized ckw' t-- ckrr' , Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMAp permits necessary for the following proposed development: at my property located at LR�01 r^r Ca in ICJ J �)`"t`f JtA County. I furthermore certify that I 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: Signature Print or Type Name RECEIVED Title JUL 112018 Date DCM-MHD CITY RECEIVED This certification is valid through —�-/ V �l� DCM WILMINGTON, NC JUN 2 6 2018 LISPS Tracking® FAQs >(http://faq.usps.com/?articleid=220900) Track Another Package Tracking Number: 70170530000095681950 Remove X Your item was delivered to an individual at the address at 1:20 pm on July 2, 2018 in WILMINGTON, NC 28409. G Delivered RAC July 2, 2018 at 1:20 pm Delivered, Left with Individual WILMINGTON, NC 28409 Get Updates %,/ See More \/ Tracking Number: 70170530000095681967 Remove X This is a reminder to arrange for redelivery of your item before August 2, 2018 or your item will be returned on August 3, 2018. You may arrange redelivery by using the Schedule a Redelivery feature on this page or may pick up the item at the Post Office indicated on the notice. Delivery Attempt: Action Needed Reminder to Schedule Redelivery of your item before August 2, 2018 Text & Email Updates u Schedule Redelivery u Tracking History n Reminder to Schedule Redelivery of your item before August 2, 2018 This is a reminder to arrange for redelivery of your item before August 2, 2018 or your item will be returned on August 3, 2018. You may arrange redelivery by using the Schedule a Redelivery feature on this page or may pick up the item at the Post Office indicated on the notice. July 19, 2018,11:20 am Available for Pickup WRIGHTSVILLE BEACH, NC 28480 July 19, 2018, 8:48 am Out for Delivery WRIGHTSVILLE BEACH, NC 28480 July 19, 2018, 8:38 am Sorting Complete WRIGHTSVILLE BEACH, NC 28480 July 19, 2018, 8:03 am Arrived at Unit WRIGHTSVILLE BEACH, NC 28480 July 18, 2018, 9:28 am Arrived at USPS Regional Origin Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX July 17, 2018 In Transit to Next Facility July 16, 2018, 7:37 am Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER July 16, 2018, 4:17 am Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER July 2, 2018,1:58 pm Unable to deliver item, problem with address FORT LAUDERDALE, FL 33308 June29, 2018 In Transit to Next Facility June 28, 2018 In Transit to Next Facility June 27, 2018 In Transit to Next Facility June 26, 2018, 2:53 pm USPS in possession of item WRIGHTSVILLE BEACH, NC 28480 Product Information v See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs(http://faq.usps.com/?articleld=220900) Postal CERTIFIED MAILO RECEIPT o Domestic U1 c � WIL IlciTGrlr ',G 234J`i • � `-�' all CenlMetl Mall Fat -0S p" rvices g Fees Iroar, e s Ate •1 / \G� / \ a ❑wv�n slur lnwccM - Poslmedc o o pnen.nReoelwl•Iwvurr<:1 a �fenneEAel e•e WMnaY $ a JUN �• C 2 0 2018 o p t nsgne •Resales C3 paden wr. ReeWcteE DNn+N a m po.lega 51 .s4 (16/26/2f110 In pottage and Feat G $8,04 Sent To USPS ----------------- p Sliest endAaL--o.,-riilsO Hox (Jn---------1 � ^---- ------- ......--.LS).----------r N--------------- Posta service"' CERTIFIED MAILO RECEIPT r I Domestic -0 ff �4 FOFaPEPva l .00 C,,tffled Mail Fee 4c C, 1 N rr S FEi re arvi ea 8 Feas (cFe k w eCd ee 1 Cl, y o ❑fietum Recelpl(e -R) ❑Rclwnna O(¢Iec '-) $ 9 1 ` JUN 2Tfe LO 18 C C3 OCenln•o MellRmekbiwwM a MM 0 C, m, $ ❑naensynenne Rmo-ineaod.W a C3 postage $1.84 m nfl $ Total Postage and Fees - $8.u4 i y U PS o $ 1.. Sent To L ^ i}y--' -- - p --------------- Siieei endApf No., of r+613eif r` 2�C`1U RECEIVED JUL 11 2018 State of North Cuolins I Environmental Quality I Coastal Management DCM-M H D CITY 127 Card'md Drive Ext.• Wilmington, NC 29405 910-796-7215 ROY COOPER Governor w MICHAEL S. REGAN Secretary BRAXTON DAVIS Coastal Management ulrecmr ENVIRONMENTAL QUALITY July 3, 2018 Carolus Building Company Go Chase Elam PO Box 180 Wrightsville Beach, NC 28480 Dear Mr. Elam: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Jason Ruegg; for State approval for development of the subject property located at 5 Cedar Island, adjacent to Masonboro Sound, in Wilmington, New Hanover County. It was received as complete on June 26, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is September 9, 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 June 26, 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. cc: Gregg Bodnar, DCM MHC Liz Hair, USACE Chad Coburn, DWR Linda Painter, LPO Kathryn Thurston, City of Wilmington Jason Ruegg, Applicant RECEIVED JUL ] 1 2018 State of North Caroline I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 29405 910-796-7215 DCM_MHD CITY �o 70A � � U AMA PERMIT APPLIES FOR Twa-.,eplace an existingnrivate docking facility at 5 i Basi my COMMENTS ACCEPTED THROUGH must 2, 2018 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Jason D Ruegg NC Div. of Coastal Management �1 6401 Old Military Road 127 Cardinal r. Extension Wilmington, NG 23409 Wilmington, N C 284U5 Courtney Spears, Field Representative Agent: Chase Elam (919) 819-4275 910-796-7 ROY COOPER ('ommor MICHAEL. S. REGAN SccrefaO Coastal Management ENVIRONMENTAL QUALITY July 9, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Ruegg Properties, LLC / NH Co. • NCWRC / BR Co. Hello Angie: Please publish the attached Notice in the Thursday, August 2, 2018 issue. . BRAXTON DAVIS Director 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, e Shaun K. Simpson Permitting Support & Customer sistance Gregg Bodnar - WiRO Wiro File Liz Hair - USACE RECEIVED JUL 1 1 2018 Stale of North Carolina I Environmental Quality I Coastal Management D C M-M H D CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 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 applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On June 13, 2018, the NC Wildlife Resources Commission proposed to install two "No Wake Zone" signs, one on each side of the Sunset Beach Bridge, within the AIWW in Brunswick County; and on June 26, 2018, Jason Ruegg proposed to replace an existing docking facility at 5 Cedar Island, adjacent to Masonboro Sound, in Wilmington. Copies of these applications can be examined or copied at the office of Tara MacPherson (BR Co.) or Courtney Spears (NH Co.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-74215) 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 August 2, 2018 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JUL 1 1 2018 State of North Carolina l Environmental Quality l Coastal Management DCM-MHD CITY 127 Cardinal Drive Ent., Wilmington, NC 28405 910-7%-7215 Book 6139 Page 378 2- BK: RB 6139 III Illl�flll���ll�M III I� PG-378-382 1 RECORDED 2018013624 NC FEE$230) 05-03-2018 NEW HANOVER COUNTY, INC STATE OF NC 03121:32 PM TAMMY THEUSCH BFASLEY REAL ESTATE - BY STEPHANIE PEREZ REGISTER OF DEEDS EXTX$2210.00' , DEPUTY NORTH CAROLINA GENERAL WARRANTY DEED Real Property is/ is not the Primary Residence of the Grantors. Prepared by: Ned M. Barnes, Attorney at Law A-3 Pleasure Island Plaza Carolina Beach, NC 28428 Return to: Ned M. Barnes Excise Tax: $2,210.00 Parcel Identifier: R06700-003-003-006 Brief description for the Index LLegal THIS DEED made this day of May, 2018, by and between GRANTOR GENE WILLETTS and wife, FRANCES WILLETTS P. O. Box 3706 Wilmington, NC 28406 GRANTEE RUEGG PROPERTIES NC, LLC, a North Carolina Limited Liability Company 6317 Market Street Wilmington, NC 28405 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. RECEIVED RECEIVED DCM WILMINGTON. NC JUL 1 1 2018 DCM-MHD CITY .. i .� ^' ` � � i, .. Book 6139 Page 379 WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1176 at Page 676. A map showing the above described property is recorded in Map Book _ at Page TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2018 and subsequent years. RECEIVED JUL 1 1 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC Book 6139 Page 380 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized. officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. 7 G E WILLETTS l li �• FRANCES WILLETTS STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, the undersigned, a Notary Public for the State and County aforesaid, certify that GENE WILLETTS and FRANCES WILLETTS, each who provided satisfactory identification personally appeared before me this day and acknowledged the due execution of the foregoing instrument and that said act was done voluntarily for the purpose stated therein. WITNESS my hand and notarial stamp or seal, this the 3 day of May, 2018. Notary Pldbiic c My commission expires: a © ^w D O R P- 0I� 1`d 4t SWI-Aw"O `• �prr111110 . RECEIVED JUL 112018 DCM-MHD CITY RECEIVED DCM.WILMINGTON, NC JUN 2 6 2018 Book 6139 Page 381 EXHIBIT "A" BEGINNING at a.point on Cedar Wand in the property of Mrs Agnes M Mayer on Greenville Sound, said point located from the concrete monument at the southeastern terminus of the 60 foot access right of way off Greenville Sound Road as shown by maps recorded in Map Book 8 at Page 29 and Map Book 8 at Page 30 by the following courses South 42 degrees 32 mmutes East 1,629.66 feet, South 47 degrees 28 minutes West 1000 feet, South 68 degrees 28 minutes West 268 09 feet, and South 52 degrees 28 minutes West 198.00 feet, said Beginning point being the intersection point of two 30-foot roadway easements hereinafter described, running thence from said Beginning with the centerline of a 30-foot roadway easement South 52 degrees 28 minutes West 125.0 feet to a point, thence North 37 degrees 32 minutes West 710 feet to a concrete monument, thence continuing North 37 degrees 32 minutes West 8.0 feet to a point in the edge of a dredged basin and channel, thence with the edge of said balm South 55 degrees 48 minutes West 145 20 feet to a point, thence South 44 degrees 02 minutes East 18.0 feet to a concrete monument, thence continuing South 44 degrees 02 minutes East 70 0 feet to a point in the centerline of a 30-foot roadway easement, thence continuing South 44 degrees 02 minutes East 265.0 feet to a concrete monument; thence North 43 degrees 22 minutes East 243.53 feet to a concrete monument in the southern line of a 30-foot roadway easement, thence, continuing North 43 degrees 22 minutes East 15.02 feet to a point in the centerline of said easement, thence with said centerline North 44 degrees 02 minutes West 224.0 feet to the point of Beginning, containing 1.72 acres TOGETHER with the right of ingress and egress over a roadway easement described as Being an easement adjacent to and 35 0 feet in width measured at right angles, southwestward from a portion of the northeastern line of Anders Tract as shown by Map, "Survey of Boundary Between Anders Tract and Lot 4 of J.A. Hewlett Land", recorded in Map Book 8, Page 30, said portion of line beginning at the concrete monument at the southeastern terminus of the 60-foot access right of way as shown by Map Book 8, Page 29 and said Map Book 8, Page 30 in the New Hanover County Registry, runnmg thence with said line South 42 degrees 32 minutes East 1,629.66 feet to the southeastern terminus of said 35-foot wide easement at the centerline of a 30-foot easement, thence over said 30-foot easement the centerline of which is described as Beginning at the southeastern terminus of the 35 foot easement above described and running thence South 47 degrees 28 minutes West 46.91 feet to the point of curvature of a curve having a radius of 286 48 feet and a deflection angle of 21 degrees 00 minutes to the right, thence with said curve westward 105 00 feet to the point of tangency of said curve, thence South 68 degrees 28 minutes West 174 74 feet to the point of curvature of a curve having a radius of 286 48 feet and a deflection angle of 16 degrees 00 minutes to the left, thence with said curve southward 80.00 feet to the point of tangency of said curve, thence South 52 degrees 28 minutes West 157 74 feet to the centerline of a 30-foot easement to the southeast, thence continuing South 52 degrees 28 minutes West 329.50 feet to the point of curvature of a curve having a radius of 286 48 feet and a deflection angle of 18 degrees 54 minutes to the left, thence with said curve southward 94.50 feet to the point of tangency of said curve, thence South 33 degrees 34 minutes West 7 47 feet to the point of ending - Together with the right of ingress and egress over another 30-foot roadway easement, the centerlme of which is described as. Beginning at the terminus of the sixth course of the first roadway easement herein described, running thence from said Beginning South 44 degrees 02 minutes East 224 0 feet to the point of ending at the eastennnost comer of the 172 acre tract herein conveyed Subject to the portions of the two 30-foot roadway easements as described which are located within the 1.72 acre tract. BEING the same lands and premises conveyed to Gene Willetts by Deed from William J. Many, Jr. and wife, Shirley J Many recorded in Book 1176, Page 676, New Hanover County Registry. RECEIVED RECEIVED DCM WILMINGTON, NC 10(A14 JUL 1 1 2018 JUN 2 6 2018 e .. .. 1i. �. � ..r� ' .. �.. a �. .. .. ' . �..✓ -- r �! ,. _ • 1 ,. v. 4 Book 6139 Page 382 TAMMY BEASLSLEY New Hanover County BE Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 + WILMINGTON, NORTH CAROLINA 28401 Telephone 910-7984530f Fax 910-798-7716 T nu"5ti4k OpNTY,� o !, i F 0 s �n^umnM� tfffftffafffattt tt•aat aatfat atatfttaf«#++at+a+afa•f#f#ftfatt###tf#ataf#t1f##+fta#t•+•f•t tf }t###tffa«t«••+«f• State of North Carolina, County of NEW HANOVER Filed For Registration: 05/03/2018 03:21:32 PM Book: RB 6139 Page: 378-382 5 PGS $2,236.00 Real Property $26.00 Excise Tax $2,210.00 Recorder: STEPHANIE PEREZ Document No: 2018013624 f####f###jiff##f#f1f 11f ifff}if}f1##iff#Rt#Nfif if Hf##i##1##1f#####1}###f#f##1#1f ####+#++•tf ##1k#f if ##f#f##t DO NOT REMOVE! This certification cheat is a vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED JUL 1 1 � , RECEIVED DCM WILMINGTON, NC JUN 2 6 2018 DCM-MHD CITY 1 - ,� . .. .. . _ � -- i *1 a Project Name: I&Cq I Nfleifife i, Lt County: jtiJtt,4 Check No&Amount DCM % DWO % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercrat development that does not involve the filling or excavation of any wetlands or open water '0 areas. /$�2� 1 DO% ($250) Oixi(so) If. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas $400 100%($400) 0%($0) III For development that involves the filling andior excavation of up to 1 acre of wetlands andfor open water areas, determine if A,B. C, or D below applies: III(A) Private non-commercial developmert. it General Water Quality Certification No 4144 (See attached) can be applied $260 100%($250) 0%($0) III(B) Public or commercial development, it General Water Quality Certification No. 4144 ISee attached) can be applied $400 100%($400) 0%($0) III(C), If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWO concurrence is needed because of concerns related to water quality or aquatic life $400 60%($240) 40%($160) III(D) If General Water Quality Certification No 4144 (see attached) cannot be applied $400 60%($240) 4 0 ($ 16 0) IV. Development that involves the fitting andior excavation of more than one acre of wetlands andior open water areas, $475 60%($285) 40%($190) Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 6/27/2018 Carolus Building Ruegg Properties First Bank 1298 $250.00 major fee, 5 Cedar Island, CS rct. 6332 Company NC, LLC Wilmington NHCo NO Split } w W w W W o - .� U C] S � U NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW Fee: $250 #1298 CDAITS MHC cc Applicant: Ruagg Properties NC LLC AgentlContractor: Carolus Building Company c% Chase Elam Project Site County: New Hanover Ali Staff: If!District: Wilmington Project Name: Renovate & Expand Docking Facility Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 6-26-18 Date application "received as complete" in the Field office: 6.26-18 Dredge & Fill SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes No PNA: es LJNo Photos Taken: s NoU Setback Required (riparian): Yes No Critical Habitat: Yes ❑No Not Sure 15 foot waiver obtai d: Yes o Hazard cation Returned: ❑Yes No SAV: Yes o ❑Not Sure IT Shell Bottom: Yes ❑No ❑ Not Temporary Impacts Yes ❑No Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use a fication come Mitigation Required (optional): from county LUP: PYes [_]No ❑Yes ❑No Moratorium C nditions: Environments A ssment Done: Length of Shoreline: ❑Yes ❑No A ❑Yes C]NoWNA tljr FT Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- Closed f Oq SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina LJ (SY) Salt reed grass (Spartina altemifiora) cynosuroides) LJ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 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 El Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $1 and/or fill - $400 RECEIVED I. Private no dredge and/or fill - $250 LJ III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs JUL 112018 DWQagreement -$400 DCM-MHD CITY Ruegg Properties NC LLC Date: 6-26-18 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 One Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 New Work Maint ❑ Replace ❑ N New Work Maint ❑New Work Maint ❑ hNew WorkMaint ❑ replae New Work Maint ❑ New Work ❑ Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Dredge ❑ Fill ❑ Both ❑ Other rr V Dredge ❑ Fill ❑ Both ❑ Other �� I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733.2293 :: 1.888.4RCOA8T :: www.nccoastalmananement.net revised: 10112108 I c rt--S IS` ^sr01 wetlt-v-* 5 Co` . � Azvw 90 T 64 . 'T 4Y'fuP�� io x �a PAL � f i iv y Pr r}tiS Nc, L L L �' Gt far L� 15h U )7, 7 6. Gera-' %15x� T RECEIVED JUL 11 :A DCM-MHD CITY RECEIVED RECEII� J'_iN. 2 6 2018 JUN 2 6 2018 DCM WILMINGTON, NC L-L L 0 /L L. Ic ,s, RSy 1 S<s f+ — 6 f} -- _...._-- -- _..._-__. ' S1 n T 5 ��ac� �Slgr 9 fia u ro 10! w,` `, dtpp ),s 5 hcl /, 5/. Lam- Alit ?.'Oo f,.," l- cv+sr d g1l1v vxl '/y °6 NOV 5. 2018 MP SECTION MH® P+ N^v-N A5 C Pu + � I-r-- i . e.�,�r Ts lc,r j �,PuIe 1Vtti1 fg.'5�j�Y to RECEIVED NOV 5 2018 MP SECTION MH® L�IrI01u t'�'AIZ! 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/Government 19"Private/Community c. (i) Dock(s) andlor pier(s) (ii) Number I (iii) Length 1V - (iv) Width VT'� J (v) Floating ❑Yes LyNo e. (i) Are Platforms included? dyes Ifyes: FiX (ii) Number (iii) Length 1ST'U I� (iv) Width 1 65 (v) Floating ❑Yes l/N0 Note: Roofed areas are calculated h g. (i) Ni ember of slips proposed b (ii) Number of slips existing i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel Nopen water; no dredging required []Other; please describe: k. Typical boat length: / J / M. (i) Will the f cility have tie pilings? „:Yes VNo (ii) If,yes number of tie pilings? (e,2 [:I This section not applicable b. (i) Will the facjlity be open to the general public? ❑Yes No d. (i) Are Finger Piers included? ❑Yes (allo If yes: res [:]No JJ ed? jjQYes ❑No ices to be provided. avel lift and/or rail, repair or re supplies /, number of slips: _..,,age; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 0- r xed +ypes I. (1) Will the facility be open to the general public? ❑Yes ;4No RECEIVED RECEIVED DCM WILMINGTON, NC 1Ws JUL 11 2018 I U N 2 6 21 252-808-2808 :: 1-ae6-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FAUUMMARINA OPERATIONS ;1Shis 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 pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (if) Give the location and number of "Pumpoul Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin Bushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED DCM WILMINGTON, NC RECEIVED JUN 2 6 2018 n 252-808-2808 :: "BB-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 DCM-MHD CITY Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No n. Is the marinaMmking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marinaldoctring 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 ❑WL ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) Vnis section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliGGovemment ❑Private/Community (ii) Number (III) Length _ (Iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpfle, etc. Ka rock groin, use MP-2, Excavation and Fill) This section not applicable a. (i) Number (ii) Length (III) Width & BREAKWATER (e.g., wood, sheetpile, etc.) ,)QThis section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): ❑Commercial ❑PubliGGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC RECEIVED 252-808-2808 :: 1.888-4RCOAST :: www.necoastalmanagement-net DCM-MHD CITY revised: 12/27/06 Form iDtCM MP-4 (Structuro�, Page 4 of 4) 7. GENERAL a. Proximitv of structure(s) to adjacent riparian property lines V, 1.7 Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body ILL i e. (i) Will nay.gational aids be required as a result of the project? ❑Yes INo ❑NA (1I) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 41'/ dL' 70" d. Water depth at waterward end of structure at NLW or NAIL 5_5 NLW & OTHER ❑This section not applicable a. Give complete description: K'/is Date Project Name sGs6r" n �V-?-: Applicant Name Appli tt Signa ure RECEIVED RECEIVED DCM WILMINGTON, NC JUL 1 12018 JUN 2 6 2018 252-808.2808::1-888-4RGOAST:: www.nccoastalmanaaement.net DCM-MHD CITY revised: 12/27106 Prvpor}-ems Wc ri -LL � -ln 0C� 50v'r\ c- , '(3y v vvc. S % Ge,d r 'IS)"rJ m -y 1,1va4 t� ha /� y Lw loop _l 10 t� y .P jo ��cM bll P-uptr+�e- NC LL-•L. S� NµIJ_1 r� RECEIVED JUL 1 1 2018 DCM-MHD CITY RECEIVED JUN 2 6 2018 DCM WILMINGTON, NC RECEIVED DCM WILMINGTON, NC —Tkc, A5 C, pu+4)t JA262010 Vvx-Tr d vI :NN% — n ' � � 1';vrovvJ s�� r `3r->-g3 Lj"-L fgl %`1`y BO1k j tv m`vw ft RECEIVED JUL 1 1 2018 DCM-MHD CITY RECEIVED JUN 2 6 2018 DCM WILMINGTON, NC RECEIVED DCM WILMINGTON, NC