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HomeMy WebLinkAbout98-18 Wilkinson Family TrustPermit Cl4s NEW Permit Number 98-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V C r M t for RECEIVED AUG 2 9 2018 DCM-MHD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Wilkinson Family Trust, 1301 Douglas Drive, Sanford, NC 27330 Authorizing development in Pender County adi.to Topsail Sound, at 101 Bland Alley, in Surf City as requested in the permittee's application dated 6/6/18 (MP-1) and dated revised 6/25/18 (MP-2), including attached workplan drawings (3)1-2 of 3 dated 6/13/18 and 3 of 3 dated revised 6/25/18. This permit, issued on August 24, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may 7e suoiect to lines, imprisonment or civn action; or may cause me permit to oe nuu son voia. Excavation & Spoil Disposal 1) The area of excavation shall not exceed the area depicted on the attached workplan drawings. 2) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) No excavation or filling of any vegetated wetlands is authorized by this permit. 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. "n e- !4 " (V— Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Wilkinson Family Trust Permit No. 99 18- Page 2 of 3 ADDITIONAL CONDITIONS 5) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 6) No spoil material shall be placed within 30 feet of the normal high water line. 7) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 8) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. 9) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at littp://www.fws. og v/nc- eshnammal/manatee guidelines.pdf. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any future maintenance work, as authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 12) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 13) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 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. Wilkinsoh Family Trust Permit No. 98-18 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project via Programmatic General Permit 291, Action ID No. SAW-2018-01400, which was issued 8/23/18. NOTE: The N.C. Division of Water Resources authorized the proposed project via GC 4144 and assigned DWR Project No. DWR-2018-0948, which was issued 8/22/18. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED AUG 2 9 2018 DCM-MHD CITY 0�v DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 26403-1343 August 28, 2018 Regulatory Division Action ID No. SAW-2018-01400 and State Permit No. 98-18 General Permit No. 198000291 %Wilkinson Family Trust c/o: Mr. David H. Wilkinson 1301 Douglas Drive Sanford, North Carolina 27330 Dear Mr. Wilkinson: E-mail: dwilkinson(a)wilkinsoncars.com Reference your application for a Department of the Army permit to conduct dredging within waters adjacent to Topsail Sound, at 101 Bland Alley, in Surf City, Pender County, North Carolina. Coordinates are: 34.396773 N,-77.592072 W. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, 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. RECEIVED Sincerely, Zyi�a SEP 0 7 2018 Leg DCM-MHD CITY Reguulatlat ory Project Manager Enclosures: RECEIVED CAMA permit GP 291permit with additional special conditions AUG 3 1 2018 Plans Manatee Guidelines DCM WILMINGTON, NC Electronic Copy Furnished (w/enclosures): Mr. David Gardner 720 Channel Boulevard Topsail Beach, North Carolina 28445 vondakav72�,gmail.com Electronic Copies Furnished (w/o enclosures): Mr. Fritz Rohde/Ms. Twyla Cheatwood NOAA-National Marine Fisheries Service Habitat Conservation Division Dr. Pace Wilber NOAA-National Marine Fisheries Service Habitat Conservation Division Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division BOSN3/Mr. Scott McAloon/Mr. Matt Creelman United States Coast Guard Sector North Carolina Waterways Management Mr. Robb Mairs Division of Water Resources North Carolina Department of Environmental Quality Ms. Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality 2 Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit 98-18 RECEIVED AUG 2 ; 2018 for Deli_ tu„ t� Major Development in an Area of Environmental Conarri"t rt. Ne^'. pursuant to NCOS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Wilkinson Family Trust,1301 Dou rlas Drive, Sanford. NC 27330 Authorizing development in Pender County adi. to Topsail Sound- at 101 Bland Alley, in Surf City as requested in the permittee's application dated G6/18 (MP-1) and dated revised 6/25/18 (MP-2), including attached workplan drawings (3) 1-2 of 3 dated 6/13/18 and 3 of 3 dated revised 6/25/18 'This permit, issued on Aueust 24.2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may no suulect to lines, imprisonment or civtt action,, or may cause the permit to be null and void. Excavation & Suoil Disnosal I) The area of excavation shall not exceed the area depicted on the attached workplan drawings. 2) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) No excavation or filling of any vegetated wetlands is authorized by this permit. 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department Personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requites further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State ofNanh Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accRE CEIVED AUG 31-2m RECEIVED Ti:Millnitf Krinift6,01 SEP 0 7 2018 DCM-MHD CITY Wilkinson Family Trust Permit No, 98-18 Page 2 of 3 ADDITIONAL CONDITIONS 5) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 6) No spoil material shall be placed within 30 feet of the normal high water line. 7) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 8) The spoil area shall be inspected and approved by the Division. of Coastal Management prior to the beginning of any dredge activities. 9) In order to further protect the*endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at Lt1p://www.fws,gov/nc- es/mammal/manatea; guidelines.pddf, Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any future maintenance work, as authorized by this permit, and such notification shall include: A. The number of the original permit, B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature'shown anew on the original plan. General 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 12) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 13) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. ' 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 pemrittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. Willcinson Family Trust Permit No. 98-18 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the peed to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project via Programmatic General Permit 291, Action lD No. SAW-2018-01400, which was issued 8/23/18. NOTE: The N.C. Division of Water Resources authorized the proposed project via OC 4144 and assigned DWR Project No. DWR-2018-0948, which was issued 8/22118. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED SEP 0 7 2018 C6A-MHD AUG 31 20 DCM WILMINGTO4 NC DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.m it/Miss ions/RegulatoryPerm itProizram.aspxx General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01, 2017 Expiration Date: December 31, 2021 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. Operating Procedures a. Applications for joint state and federal authorization under this programmatic general permit will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of 1 the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic general permit. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the United States, including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional general permit (RGP) or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation and guidance. e. This general permit does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that RECEIVED would substantially delay an NCDCM decision, the application may be removed from this general permit process. SEP 0 7 P018 g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the CorpsDwilM"MHD CITY prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The CorRLVtIVED AUG 31 '�18 DCM WILMINGTON, NC typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. in. No work may proceed under this general permit until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This general permit will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http:Hww,A.saw.usace.army.mii/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this general permit or any Corps approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place, 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. c. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Resources. e. 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 I I3A Article 4). f. The activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by RECEIVED RECEIVED AUG 31 2018 SEP 0 7 2018 DCM-MHD CITY OCM WILMINGTON, NC the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. h. The permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the United States to its former conditions. i. This General Permit does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved bythe appropriate Corps approval authority. j. The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAW Web-NAVgusace.army.mil. k. The permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. 1. This general permit does not grant any property rights or exclusive privileges. m. This general permit does not authorize any injury to the property or rights of others. n. This general permit does not authorize the interference with any existing or proposed federal project. o. In issuing this general permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this general permit. (4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this general permit. p. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q. No activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) r. This general permit does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.eov/#MN. RECEIVED RECEIVED AUG 31 N0,8 SEP 0 7 Z018 DCM WILMINGTON, NC DCM-MHD CITY Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this general permit, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of " Historic Places. u. No activity is authorized under this general permit which is likely to directly or. indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect' a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: http://www.fws.gov/orhitp://www.fws.gov/ipac orhttp://www.noaa.gov/fisheries.html. Permittees may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. v. If the permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. w. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. x. The permittee must install and maintain, at his/her 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 Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterwa s a,usce.mil. y. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. z. It is possible that an authorized structure may be damaged by wavewash from passing vessels. The issuance of this general permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. aa. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. bb. The permittee must maintain any structure or work authorized by this general permit in good condition and in conformance with the terms and conditions of this general permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this general permit will automatically transfer this general permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this general permit and provide the subsequent owner with a copy of the terms and conditions of this general permit. cc. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. dd. Except as authorized by this general permit or any Corps approved modification to this general permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. ee. Except as authorized by this general permit or any Corps approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. ff. Activities which have commenced (i.e., are under construction) or are under contract RECEIVED RECEIVED AUG 31 2018 SEP 0 7 2018 n" „,.. ---ON. NC DCM-MHD CITY to commence in reliance upon this generalpermit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit that were in effect at the time the activity was completed continue to be authorized, by the general permit BY AUTHORITY OF. THE. SECRETARY OF THE ARMY. FOR THE COMMANDER: Scott McLendon. Chief, Regulaiory Division 'I IFilmington.District to �_ xrfoo ou xv.�. i „n k 8 99 b6C � � �g3g3g3g3g3g3� 3cg5ggdq fpp�„ 9��F Y.SmE S�a NV 300 011 NV I i V i All — 19 P .f 1 PygiIN I ed5l � i s Iboaa , � R ♦ R�5a i dp 'sa`Y1 I I ' 4IN I I � i clad°R I I� RECEIVED qa_ xY FXR N 3N52 1 3Y 3NOi 0 yak! ON nos 11 VS d0(. Lie ,R mk Qom§ ggUz g'66 a�� 5 LL6F2 o l �. J 4 111118'alaw p:55nf5»35i lig . sedass� p,�G 317018 WII M�NGtON; NC z� z 0 F- 0 z J LZ 0 0 n -)CM-MHD CITY -.1�'T'�'�mp m MY PPrwp LW got EL -0 to � Wara& 4^4 P. 571 -lea Awla ok Vi 9'l 46i POROCK' 4,13&ft zK- In't A. Ag 61! S & UR)Y E:) NWRIEE, A L WAUACEaxxr, cc A101 I A16 In, IL JUN# $W18 RAPRIC C)EIVED" 1*0� IDMKINILMINOT N. NO 0 Channel Se.E"Lx.GW • �' ed�r onn,1 UP FiJnnne( Sheer{- 3 of 3 c1 Ck -P— �-zs-I1/' rcvls� OVA' A I� NLw GNAW drsdgc {vat-pfr.ri f NtW — — — — — — — — — — — — J L LOT 6 LOCATION OF MEASUREMENTS BY OWNER: GREEN PATH, LLC 2 STY. VINYL C/O MS. LAURIE CHAN 3 DAY AVERAGE MEASUREMENTS ON 'PILINGS 1131 TIMOTHY RD. 39" AT HIGH WATER I W/ ENCLOSED DUNN, NC 28334 "' ® ?1LOW WATER - EXISTING I G OUND FLOOR D.B. 4641, P. 182 Propose to dredge ap ox BOAT LIFT TRAVERSE STORAGE & STAIRS M.B. 22, P. 37 1( 24 inches of spoil. _6 13'xl3' LINE 3.9'X7.8' WOODEN 7.5' Leav !I- of t low w ter APPROX. AC PAD dredgin / e �i I WETLANDS CP 34'39'49" E 217.28' LINE 212 00' EIP 175.12' -,�-- ' 8'f 20' 26.2' N WOOD 107.40 f 3' STEPS 10' N Cj A 6' 6\510' i m t N 7-9' M 8' CONC. m ttl 6 1I �I O � WOOD v n z EXISTING ; WOOD ;N o'i 1 a DECK DRIVE o m FLOATING DOCK ( WALK o I v 0. 4' WOOD 12 26.0' 0 6.5'xi4' WITH z 22.00'zEISWALK 173.37' 8.2' 101.48' '0 5'x10' RAMP CP O° WOOD N 34'32'21" W 199.61' .<< o 30' FROM APPROX—I DECK HIGH V) TTOAAPPROX, WATERLINE I�APPROX. MEAN HIGH E Fc n MEAN LOW WATERLINE WATERLINE c- w ~ < LOT 4 BLAND -SHORES D. 17T O STEPHEN C. WALLACE `� AND WIFE MARGARET W. WALLACE LC Z Q JO 2525 DELANEY RD. I 62 n LOT 3-OCEANBREEZE WILMINGTON, NC 28403 RECEIVED CI D.B. 1997, P. 240 M.B. 35. P. 67 Qlir D:I JON o s 2 JOHN `` Pl�RCE = Att:CIhTEs P`n. M' +oa .;awsav Bow. DA .NtlMLLE noes« a a.,or,E wo-aeaem O�IE: "Y ie, 201e ' sum i - so' r.e. ssz v. u DCM VVILMING - N GRAPERC scus v,z50' - UhffedStates'D rP#Itm o te _ FISH -.,N.D 'Wn-D XM SEkvjc-E _ 3i"7 2-6- 4dqighjjq#kCk *7 0726 GMICLMM ITORAVOIDDING EWPACTRTO, THEWEST MDM:AAM the -flo;t m, -listed da watee, ls�a Federally endangered aquapcmammal protected under �jdapgewe&SpecesArt of1973, as amended (16 US.C.. Protection Act of'1312,asamcnad (16U.S :C 1461 efse_Q.. qb6: manatee is also listed ea-en*gqredunderthe'N6rIh Carolina 'Endangered' .Species Actcif'1967-9ATtiA, -25.q,f of the, General' Statuf6s),. Me. US_Ff&and:VVjldM Service, Federal agency responsible for th& piotectidal and idedvery' of the West: M" 'mad*e *40 the provisions of the EndiffigOUd Species Act. ,Adultmanqtecvayerage 10fbeffang and weigh-about-2,200pounds;, although gome MWduals have661i recorded atlengthsrgreaferthan I-Ifectahel weighing as much,a,3,' 500 pounds. Manatees are -oOMOnly- foundLinfies14 lagoons, estuaries; Fa& inland rivers of varying S-al - �'-�e&etnes_. 'Manatees. spend I janich Of their tune , underwater or, partly - init 'merged', making their elb ftnft 110-, detect; egen in "PW'Wqrwhile the manaiws poncipal stronghold iri, the i1nited, States is Flarida.,fbp species! is c seasonal linhabliant of'North. Toprefect -manatebesIn North CarOlhf,% the Sexvfge's kalctgU Fuld 000-has1prepared e on Pr- cpgio ary ,measures f6t general': oppstragoon, aciiiities: in Vafqrsz used b , zthc:spqq19s-' `,Implementation qfthese PplculeotafiO� i4easures-VM_aUqw 1q-'watqr pnqjqcP-WNct do not re ' bIastlngtb;prweedmithout adverse impacts,,to. I 1 11 . qa wq qs_-� 4-qddjtqqq, on ofthese guidelines as conservation:measures ift a_BloI6gicaIAis6emdht or,11iological Pyaluation,--or as pad ofthe daterminaliou, of ilnpictson the madate6:irt bri�eb*irohmental document prepared pursuant to the will exp6difo.the S.QfwkO'srav . 6f,the, -document finfthe. fifffflnx&f,of regiiiremenfs -liddO S661161V! of J3hda"d,4,c6jcpA I ,project :managerififbfu allpers-on-'riel, asgticutdo and/or cofitractof, VII *14 140 project -that manatees may be =present in the: pr*cf area;, and' -the need, tD'aVdij any, IIZM� Wlh,690, endaugarpek ivaiiimals. mid ftcp" of.the_spedes. and their -h construction persoitriel wi q ly, submerged in shallow water::' All observing y?ater­rejqted.acffv!iicsJbr coustraohon personnel that there are civil, and herifft" WaSAIng.; or Wbg mapatqqs,which .90, protected under the Marine, 3. If a manatee Is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment Activities will not resume until the manatee has departed the project area on its own volition (r.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252- 728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel' operator. The sign should state: CAUi'ION. The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-8564520), the National Marine Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252- 448-1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office, 7. All vessels associated with the construction project will operate at "no wake/Idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 276363726 919/656-4520 RECEIVED SEP 0 7 2018 RECEIVED DCArI_MRD CITY AUG 31 2018 DCM WILMINGTON, NC 1?Igut 1. whale hods eftlie WesYSzidlan xandYe > Ua visz6le r cle r°; ar, bolh,"die dark and' u�aticly vvaYers of coastal North ,Card 'laud ally noMO413t s9e9 grip a sm4 gat# of `the ''head. m ie Yfte ;manafee Ta19ea IY9 h03t`''iq blet'1-., , a M Iliushaiioriused with �Ye p�tattasl¢n o�the forth Camltna , Ya%r ' seam o aYura cceitcesi gmuce: chdx.M..Ic.. I987w Etid6gotd4, TbMgo#Aartt ,I Y� 1 arras of o fit Gacolina. Pact h A lr avaluation oflhe ni lbftzis Mcam, at' Pa ers of the.l arth Cargi ,Biologtcal. Sm-.m 1997 3„IrT04 CartiHna SfaYe 112usetfai,4flalati5Yal5�Clehce9 _i2a�eIg6, �1C ,pp..52. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Wilkinson Family Trust c/o Doug Wilkinson 2. LOCATION OF PROJECT SITE: 101 Bland Alley, adjacent to Topsail Sound, in Surf City, Pender County. Photo Index — 2006: 25-6585, N-15 State Plane Coordinates - Lat: 34°23'48.11"N Long: 77°35'26.95"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE Dates of Site Visit — 6/20/18 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received Complete — 6/25/18 Office - Wilmington 6. SITE DESCRIPTION: (A) (B) (C) (D) (E) Local Land Use Plan — Town of Surf City Land Classification from LUP — Developed / Conservation AEC(s) Involved: EW, PT, ES Water Dependent: Yes Intended Use: Private Wastewater Treatment: Existing — Septic System Planned - None (F) Type of Structures: Existing — Residential home, pier and docking facility. Planned — Dredge an access channel boat basin around an existing docking facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 1,556 sq. ft. (Open water +/- 172 cu.yds.) (C) Other — High ground (D) Total Area Disturbed: Potential to disturb up to 4,156 sq. ft. (<1 acre) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and boat basin around/beneath an existing docking facility. RECEIVED JUL 0 3 2018 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Wilkinson Family Trust COUNTY: Pender PROJECT NAME: Channel & Basin Excavation LOCATION OF PROJECT:101 Bland Alley, adjacent to Topsail Sound, in Surf City DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-25-18 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Jason Dull DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 7-4-18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: q MAIL OUT DATE: 6-29-18 FEDERAL DUE DATE: I� PERMIT FINAL ACTION: ISSUE � Z I DENY RECEIVED JUL 0 3 2018 OCM-MH p C!T y DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 / #13200 END OF NOTICE DATE: 7-25-18 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 7-25-18 FED COMMENTS REC'D: DRAFT ON AGENCY J wit DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance Division of Coastal Management-LUP Consistency I v 7� SI 1/L 1 Public Water Section (DWR) r2.1 102 V Land Quality Section (DEMLR) Jul 196 VV Division of Water Resources - 401 Section J 22 l s See L 6l State Property Office q M 11(6 �( Division of Archives & History Division of Marine Fisheries - Shellfish Section �� X Division of Highways (NCDOT) Wildlife Resources Commission 1( Local Permit O cer r Archae l Division of Marine Fisheries - DCM Corps of Engineers - Regulatory Branch (2 Z� l� Zf� 201 fb _ D1400 MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination — Wilkinson Family T t, Surf City Date: August 1, 2018 Consistency Determination: l P-- ,Plan Update.. , This project appears to be consistent with the Town of Surf City Land Use The applicant proposes to excavate an access channel and boat basin around and beneath an existing docking facility. The project is located at Bland Alley, adjacent to Topsail Sound, in the Town of Surf City. I have reviewed this proposal for consistency with the Town of Surf City CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. Waters at the project site are classified as SA and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. Areas of Environmental Concern (AEC's) are EW, PT, and ES. Surf City allows development in Conservation classified AECs, which are consistent with the State's minimum use standards. The Surf City Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project appears to be consistent with the Town of Surf City Land Use Plan Update Cc: FILE Recommendations for State Permit — Wilkinson Family Trust c/o Doug Wilkinson The proposed excavation of an access channel and boat basin around an existing docking facility appears to be CONSISTENT with15 NCAC 07H.0208 (b)(1) and (2). Based on this determination, it is recommended that a permit be issued. This office has no objections to the proposed project provided it is consistent with all other state and federal permitting requirements. Any permit issued should also include all applicable dredging conditions. RECEIVED JUL 0 3 2018 DCM-MHD CITY Coastal Management ENVIRONMENTAL QUALITY June 29, 2018 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Govemor MICHAEL S. REGAN See,era,y BRAXTON DAVIS rnre'te, FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.saears aC2ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Wilkinson Family Trust Project Location: 101 Bland Alley, adjacent to Topsail Sound, in Surf City, Pender County Proposed Project: to excavate an access channel and boat basin associated with an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 25, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in- depth comments with supporting data is requested. REPLY: XThis agency has no objection to the project as proposed. `*Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED / r 411( 7E -e4 S Lr DATED 7! z-/ j S RECEIVED JUL 0 2 2018 State of North Carolina I Environmental Quality I Coastal Management MP SECTION WI 127 Cardinal Drive Ext., Wilmington, NC 28405 RO 910-796-7215 41 Coastal Management ENVIRONMENTAL QUALITY June 29. 2018 TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dtrecror �,�lsio 2 W;RO nof�vale9?0/8 Pubnc�yar�esuapes FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(aa),ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Wilkinson Family Trust Project Location: 101 Bland Alley, adjacent to Topsail Sound, in Surf City, Pender County Proposed Project: to excavate an access channel and boat basin associated with an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 25, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED J ( DATED RECEIVED DCM WILMINGTON, NC jUL 12 2018 State of North Carolina I Environmental Qaalily I Coastal Management 127 Cardinal Drive Ex1., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEiL S. REGAN .Secretary BRAXTON DAVIS Dvecvor June 29, 2018 AIL TO: Dan Sams � District Manager-DEMLR Br Wilmington Regional Office ti. FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(a-).ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Wilkinson Family Trust Project Location: 101 Bland Alley, adjacent to Topsail Sound, in Surf City, Pender County Proposed Project: to excavate an access channel and boat basin associated with an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 25, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �Y,� DATED 000 10 -vtE RECEIVED JUL 10 . ,J ; State of North Carolina i Environmental Quality I Coastal Management 121 Cardinal Drive E.t, Wilmington, NC 28405 DCM WILMINGTON, NC 910-796-7215 aAkC A DwuSign Envelope ID: BEB16F4C-DBDC40CF-8A34-D40FAC6648IA RAY COOPER Goemnor NCHAEL S. REGAN 5fawary LINDA CULPEPPER natrta D&wt r NORTH CAROLINA argil aird *w ty August 22, 2018 DWR Project 4 2019-0948 PenderCounty Douglas H. Wilkinson 1301 Douglas Drive Sanford, NC 27330 Subject Property: Wilkinson Family Trust —Surf City Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Wilkinson, You have our approval, in accordance with the attached conditions and those listed below, to excavate an access channel and boat basin around and beneath an existing private docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on July 6, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). This Certification allows you to use the Regional General Permit 291 when issued by the US Army Corps of Engineers and the LAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http://Portal.ncdenr.orpJweb/wci/swp/ws/401/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed Q RECEIVED `r�i_ -• AUG 2 2 2018 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 DCM WILMINGTON, NO Phone: 910-796-7215\ Internet: www.dea.nc.aov DocuSign Envelope ID: BEB16F4C-D8DC-00CF-8A34-D40FAC66431 B one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. S. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If th€ivision CEIVED AUG 2 2 d18 OCM WILMINGTON, NC North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.dea.nc.gov DocuSign Envelope ID: BEB16F4C-DBDC-40CF-8A34-D40FAC66431B determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and G5143 Article 21A]. B. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. 115A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://i)orta I. ncdenr.ore/web/wa/swp/ws/401/certsandperm its/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is RECEIVED AUG 2 2 2018 DCM WILMIN North Carolina Department of Environmental Quality' Division of Water Resources G I OIV, (yQ 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.deci.nc.gov r 7 DocuSign Envelope ID: BEB16F4C-D6DC-40CF-6A34-D40FAC66431B received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, Fed Ex, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Bill Lane, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7215 or Robb. Mairs0ricdenr.gov. Sincerely, For EDocu8lpnsd by: T,T"'m:idr., 7F141E BBF 56 ., Morelia Sanchez Ing, ctIng Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC4144 Liz Hair - USACE Wilmington Regulatory Field Office -Electronic Copy Courtney Spears— NCDCM Wilmington Office DWR 401 & Buffer Permitting Branch file-LF David Gardner -Agent-Electronic Copy WiRO RECEIVED AUG 2 2 2018 'CM WILMINGTON, NC North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.dea.nc.aov kjkj-e(, Coastal Management ENVIRONMENTAL QUALITY June 29, 2018 TO: Tim Walton Dept of Administration State Property Office RECEIVED JUL 03 2018 DOA STATE PROPERTY OFFICE ROY COOPER Gnvernnr MICHAEL S. REGAN Secrelnry BRAXTON DAVIS Direclor FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(a).ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Wilkinson Family Trust Project Location: 101 Bland Alley, adjacent to Topsail Sound, in Surf City, Pender County Proposed Project: to excavate an access channel and boat basin associated with an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 25, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in- depth comments with supporting data is requested. ,�Q�')d REPLY: This agency has no objection to the project as proposed. � u (, I** Itional comments may be attached** CAM/ OPy� cr>?55 �' This agency has no comment on the proposed project. V-a This agency approves of the project only if the recommended changes Cyr, ad are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED RECEIVED DCM VOLMINGi ON, NC State of North Carolina I Environmental Quality I Coastal Management j l l I 0 y I 127 Cardinal Dave Et , Wilmington, NC 28405 910-796-7215 OMu Received: 07/06/2018 Coastal Management ENVIRONMENTAL OVAIrtY State Historic Preservation Office ROY COOPER (k..r MICHAEL S. REGAN .Iw, m. n ER 18-1565 BRAXTON DAVIS lhwahw June 29, 2018 Due -- 7/23/18 TO Renee Gledhill -Early 4151CO Dept of Cultural Resources A-h Archives & History 7-20-10 FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext_ Wilm . NC 28405 courtnev.soears(Wncdenr.00v Fax 395-3964 (Courier 04-16-33) SUBJECT CAMA / Dredge & Fill Application Review Applicant: Wilkinson Family Trust Project Location: 101 Bland Alley, adjacent to Topsail Sound, in Surf City. Pender County Proposed Project: to excavate an access channel and boat basin associated with an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 25, 2018. If you have any questions regarding the proposed project. contact Jason Dail at (910) 796-7221 when appropriate in- depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated See attached. This agency objects to the project for reasons described in the attached comments SIGNED �`^ ` li.fi�[_ DATED a 3 !S RECEIVED JUL 2 4 2018 Male Rf wnh CadqurmvaxneMd ()wMq;l'mRal�Waaemai DCM WILMINGTON, NC 127 CwduW 1MnE 1,1 . Wdmasim, W' 7240 R101W 215 JUL 0 5 2010 Coastal Management ENVIRONMENTAL QUALITY June 29, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS ntrector FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.soears(a)_ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Wilkinson Family Trust Project Location: 101 Bland Alley, adjacent to Topsail Sound, in Surf City, Pender County Proposed Project: to excavate an access channel and boat basin associated with an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 25, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE DATED I siloVic RECEIVED JUL 0 5 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 ►VIP SECTION WIRO 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY June 29, 2018 TO: David Harris NC DOT Roadside Environmental Unit ROY COOPER Gnrr,run 1� p MICHAEL S. REGAN JUL 1 1 C�18 k-lrclary BRAXTON DAVIS FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 Courtney.spears@ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Wilkinson Family Trust Project Location: 101 Bland Alley, adjacent to Topsail Sound, in Surf City, Pender County Proposed Project: to excavate an access channel and boat basin associated with an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Swears at the address above by July 25, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in- depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. �� 1 SIGNED DATED T ZJ — ?,v I4 RECEIVED JUL 2 0 2018 State of Nmh Carolina I En"rommnial Quality I Coastal Management 127 Cardinal DnYe E.L, Wilinin8hon, NC 28405 DCM WILMINGTON, NC 910-7964215 jAR6 Coastal Management June 29, 2018 TO: c•�a a .�2.03 ir\ JUL2018 IL RECEIVED Nobilat Maria Dunn NC Wildlife Resources Commission For WiRO ROY COOPER Govan, MICHAEL S. REGAN Secm,ary BRAXTON DAVIS Dwan, FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(cDncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Wilkinson Family Trust Project Location: 101 Bland Alley, adjacent to Topsail Sound, in Surf City, Pander County Proposed Project: to excavate an access channel and boat basin associated with an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 25, 201& If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED -18 wlt RECEIVED JUL 19 State of North Carolina 1 Gviron nW Quality Coa W Management 127 Cardinal Drive Ext., W ilmtnblon, NC 29405 910-7967215 DCM WILMINGTON, NC Coastal Management ENVIRONMENTAL QUALITY June 29, 2018 TO: Curt Weychert Fisheries Resource Specialist MHC-DCM ROY COOPER G,nvrnnr MIC14AEL S. REGAN Semi ..3 BRAXTON DAVIS D,mlar FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(d.ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Wilkinson Family Trust Project Location: 101 Bland Alley, adjacent to Topsail Sound, in Surf City, Pender County Proposed Project: to excavate an access channel and boat basin associated with an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 25, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED RECEIVED JUL 17 2018 DATED �-JOA State of Noah Carolina 1 4110*1N(ym unt 127 Cardinal Dnw Ext , Wilmington, NC 284, �Yl 910-796-7215 RECEIVED JUL 0 3 201E DCM-MHD CITY Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, July 13, 2018 5:21 PM To: 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> Good afternoon everyone, This email is to notify you that we have received the applications and will be processing these projects as follows: Corps Action ID: SAW-2018-01400 Project Name: Wilkinson Family Trust/ 101 Bland Alley County: Pender GP 291: I'll get the notice to federal agencies out next week Corps Action ID: SAW-2018-01331 Project Name: Bald Head Island Conservancy/Oyster Sills County: Brunswick NWP 18 Corps Action ID: SAW-2018-01329 Project Name: William Waddell/ bulkhead repair County: Brunswick GP 80 Hope y'all have a good weekend! Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 Spears, Courtne From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, July 19, 2018 5:40 PM To: Arnette, Justin R CIV USARMY CESAW (US); Spears, Courtney; Huggett, Doug; ethan coble; fritz; HORTON, J TODD CIV USARMY CESAW (US); kathryn_matthews@fws.gov; leigh mann; matt creelman; DCR - Environmental_Review; Owens, Jennifer L CIV USARMY CESAW (US); pace wilbur, pete benjamin; scott.d.mcaloon; Bowers, Todd; Twyla Cheatwood; John; Dail, Jason Cc: Greer, Emily C CIV USARMY CESAW (US) Subject: [External] CAMA Major/GP 291/ SAW-2018-01400/Wilkinson dredge/Surf City Attachments: SAW-2018-01400_Wilkinson_Bland Alley_dredge_ePN-signed.pcif; app and bioreport.pdf; plans_highlighted.pdf, GoogleEarth Placemark.kmz CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the LAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by August 18, 2018. The applicant proposes to perform dredging within waters directly adjacent to an existing private docking facility at 101 Bland Alley, in Surf City, Pender County, North Carolina. Coordinates in Decimal Degrees are: 34.39671 N-77.59208 W. According to the application, existing water depths within the project area range from -V to -2' NLW. The dredging proposal is to excavate by bucket to barge method, to a final depth of -6' NLW. Based on the information provided on page 1 of the MP-2 form, approximately 230 cubic yards of material would be removed from an approximate 1,156 square foot area within the basin. A spoil disposal location has been identified as the Lewis Brothers Boatyard, at 405 Lewis Road, in Hampstead, NC. No SAV was observed in the project area. The project is adjacent to the Corps Federal Channel. Please see the attached NC DCM field investigation report, application, and plans for more detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The waters within the project area designated SA by the Division of Water Resources. Waters within the project area are NOT designated as PNA by the NC Division of Marine Fisheries and are OPEN to the taking of shellfish. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but -is not likely toadversely affect the West Indian manatee. The use of the Manatee Guidelines will be required as a condition of this proposed action. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places, the Corps has preliminarily determined that the proposed project will have no effect on cultural resources and requests concurrence from the State Historic Preservation Office. Please contact me if you have any questions. Please provide comments as soon as you can or by August 18, 2018. Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 twc DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 August 23, 2018 Regulatory Division Action ID No. SAW-2018-01400/Wilkinson/Bland Alley dredge Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Douglas Wilkinson to conduct dredging within waters adjacent to Topsail Sound, at 101 Bland Alley, in Surf City, Pender County, NC. Specifically, the project consists of dredging proposal is to excavate by bucket to barge method, to a final depth of -6' NLW. Approximately 230 cubic yards of material would be removed from an approximate 1,156 square foot area within the basin. Existing water depths within the project area range from -I'to -2' NLW. A spoil disposal location has been identified as the Lewis Brothers Boatyard, at 405 Lewis Road, in Hampstead, 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 manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws. og v/nc- es/mammal/manatee guidelines.pdf. 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. RECEIVED 3. All work authorized by this permit must be performed in strict compliar" tP61gubmitted DCM WILMINGTON, NC -2- 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.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. 5. 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. 6. 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. 7.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. 8. 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. 9.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. 10. 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 -3- 113A Article 4). 11. 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. 12. 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. 13. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: Ms. Karen Higgins/Mr. Robb Mairs North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Ms. John Ellis U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement RECEIVED Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division AUG 2 3 2018 DCM WILMINGTON, NC s M Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Ms. Courtney Spears/Mr. Jason Dail North Carolina Department of Environmental Quality -North Carolina Division of Coastal Management Wilkinson Family Trust c/o Doug Wilkinson Page Two 9. PROJECT DESCRIPTION: The subject property is located at 101 Bland Alley, adjacent to Banks Channel and Topsail Sound, in Surf City, Pender County. To find the property from the Wilmington Regional Office, take Highway 17 North from Wilmington approximately 20 miles and turn right on N.C. State Highway 210. Travel approximately 2.8 miles to the intersection of NC 210 and NC 50. Turn right onto NC 50/NC 210 and travel approximately 1.9 miles onto Topsail Island. Turn right onto S. Topsail Dr. NC 50 and travel approximately 3.32 miles to Bland Drive and turn right. Travel approximately 0.10 miles along Bland Drive and bear right at the end onto Bland Alley. The subject property will be located on the western side of the road at house number 101. The applicant currently maintains a single-family residence on the property. Existing man-made features include a residence, driveway, pier and floating dock. The high ground portion is elevated approximately 4' — 6' above the normal high water (NHW) level. Vegetation on the tract consists of lawn grasses and ornamental landscaping. There is a narrow stand of Coastal and "404" type wetlands along the property's western shoreline fronting Banks Channel. The stand of marsh averages approximately 15'-25' in width. adjacent to the subject property. Predominant wetland species located in this area is Smooth Marsh Cordgrass (Spartina alterniora) The property has approximately 50 linear feet of shoreline which is naturally vegetated and stablized. Water depths (in the vicinity of the existing water dependent structures) range from approximately -1.0' to -2.0', relative to normal low water (NLW). Presently, the owner(s) maintains a private docking facility which is comprised of a 6' x 85' section of fixed walkway (which extends from the house), a 10' x I F fixed platform, 6' x 14' floating dock and a 13' x 13' boatlift. According to the application package, there are no alterations or additions to the existing docking facility. Residential properties border the site to the north, south and east and Banks Channel/Topsail Sound to the west. Based on existing documentation, there is a history of dredging along Banks Channel, within the Corp of Engineer's channel setback and adjacent to the project area; however, there is no record of any privately funded dredging events at the subject property. The waters of Topsail Sound (adjacent to the project site) are classified as SA by the North Carolina Division of Water Resources. They ARE NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. Based on visual observations made by DCM staff during a site visit on 9/10/15, there does not appear to be any Submerged Aquatic Vegetation (SAV) within the proposed dredged footprint. PROPOSED PROJECT: The applicant proposes to excavate an access channel and boat basin around/beneath an existing docking facility which is located at 101 Bland Alley, in Surf City, Pender County. Based on the site plan, the applicant would dredge an access channel and boat basin along the northern riparian corridor. The dredge cut would begin just inshore of the existing boat lift and terminate just waterward of the federal channel setback along Banks Channel. A rectangular area (approximately 30' x 17' x-4'NLW) would be dredged around the existing boatlift, which is located along the northern side of the property, and on the northern side of the existing access pier. From there, the dredge footprint would extend offshore from the existing boatlift, encompassing a 50' x 17' x -4 to -6' area beneath, and adjacent to the existing floating dock. A small 14' x 14' x `4' area would be dredge around the perimeter of the existing floating dock which is located along the center of the docking facility. RECEIVED JUL 0 3 2018 DCM-MHD CITY Wilkinson Family Trust c/o Doug Wilkinson Page Three The proposed dredge cut would tie into the -6' contour which is located just beyond the Corp's Federal Channel Setback. Based on information presented in the application package and site plans, existing water depths (beneath and around the existing docking facility) range from -1'-2' @ NLW, and the applicant is proposing to dredge to a final depth of -6' @ NLW, resulting in the removal of approximately 172 cubic yards of shallow bottom habitat. As designed, the dredge footprint would be at least 30' away from any areas of Coastal Wetlands. In addition, it appears the proposed project would not impact any areas of Submerged Aquatic Vegetation (SAV), as SAY is non-existent in this area. Dredging would be performed using a "bucket to barge" method, and once loaded onto the barge, the vessel would transport and offload the material at Lewis Brothers Boat Yard, located along Lewis Road, in Hampstead, NC. The disposal site is located approximately 1-1.5 miles from the project area. The disposal site has been previously used for other spoil deposition project and according to the applicant, material generated from this project would be disposed in the same area. The disposal area has been documented to be void of any wetland vegetation. 10. ANTICIPATED IMPACTS: The proposed dredging would disturb approximately 1,556 sq. ft. of shallow bottom area. Minor increases in turbidity should be expected during the dredging event; however no long term adverse impacts are anticipated. Spoil disposal would disturb up to 40,000 sq. ft. (1.0 acres) of high ground at Lewis Brothers Boat Yard, in Hampstead, NC, approximately 2,000 feet from the normal high water line. The proposed project would not exceed a final depth of -6' @ NLW and would taper off along the edge of the federally maintained channel. Sedimentation and erosion control structures would be installed to prevent transport of material off the property. As proposed, it appears that the dredging and disposal activities would not impact coastal wetlands, SAVs or PNAs. Submitted by: Jason Dail Date: June 28, 2018 Office: Wilmington RECEIVED JUL 0 3 2018 DCM-MHD CITY PROJECT NARRATIVE This permit request is for dredging approximately feet under a boat lift and small area at the end of the dock located at 101 Bland Alley, Surf City, NC 28445. The removed material will be relocated to dry land located at 405 Lewis Rd., Hampstead, NC Signed: RECEIVED IJL 032018 RECEIVED JUN 0 82018 DCM-MHD CITY DCM WILMINGTON, NC DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Wilkinson Family Trust Applicant 2: First Name Douglas MI H Last Name Wilkinson If additional applicants, please attach an additional pages) with names listed. Mailing Address 1301 Douglas Dr PO Box City Sanford State NC ZIP 27330 Country Lee Phone No. 919-770-9380 ext. FAX No. 919-774-3239 Street Address (If different from above) City State ZIP Email dwilkinson@wilkinsoncars.com 2. AgentContractor Informadon Business Name Agent/ Contractor 1: First Name David MI Last Name Gardner Agentl Contractor 2: First Name MI Last Name Mailing Address 720 Channel Boulevard PO Box City Topsail Beach State NC ZIP , 28445 Phone No. 1 910 - 545 - 3474 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email vondakay72@gmail.com RECE IVED <Form continues on back> JUN 0 8 2018 JUL 0 3 2018 V�IINGT D CITY 252-808-2808 .. 1-888-4RCOA�s wWW.nCCoas a men .nit Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pander 101 Bland Alley Subdivision Name 0G20jh fom City State Zip Bland Drive (not Bland Terrace) Surf City INC 28445 - Phone No. Lot No.(s) (if many, attach additional page with list) 919 - 770 - 9380 ext. Lot 3 Oceanbreeze, Map Book 35 Page 51 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project CFR Topsail Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Topsail Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Surf City, INC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 50 10,851.70 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or .25 Acre, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 6 ®NHW or ❑NWL e. Vegetation on tract Home Landscaping I. Man-made features and uses now on tract Private Homer Pier dock g. Identify and describe the existing land uses adlacent to the proposed project site. Private Homes h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ZYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ZNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ZNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ZNo ❑NA National Register listed or eligible property? <Form continues on next page> JUN 0 8 2018 im 0 3 2018 _'N5Mh7�naem252.808-2808 .. 1-888-4R,,,; ent.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Surf City Sewer System for the Home o. Describe existing drinking water supply source. Surf City Water p. Describe existing stone water management or treatment systems. NA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovernment ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Dredge to Deepen by Approximately J4feet Under Boat Lift. 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. Bucket Dredge? and Barge? d. List all development activities you propose. None e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of Existing Boat Lifts f. What is the approximate total disturbed land area resulting from the proposed project? 40PQ0 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None 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 []No ❑NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> JUL 0 3 2018 JUN 0 8 2018 252-808.2808 :: '6-a .;RCOAST :: w.:... _:. ccoas talmanagement.net r C Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Dr. Steve Wallace Phone No. 910 343 0444 Address 2525 Delaney Ave. Wilmington, NC 28403 Name Green Path,LLC by Laurie Chancie Phone No. 910 590 6246 Address 1131 Timothy Rd. , Dunn, NC 28334 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization forth, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 fallow -up monitoring of the project. I further certi that the information provided in this application -iis�truthful to the best of my knowledge. Date — 20 Print Name b-_0,AcIAS t /a/So 0) Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED RECEIVED ❑DCM MP-4 Structures Information JUL 0 3 2018 JUN 0 8 2018 Drlul_m14n CITY DCM WILMINGTON, NC 252-808-2808 .. 1-888-4RCOAST ., www.nccoastalmonagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWIL) 2 stabilization Length 5C) a 307it r Width 1-7 AAvvgg..lExisting _Zf �/ _Lr NA NA ---t Final Project f -g' t NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. Less than 100 c. (i) Does the area to be excavated include coastal wetlands/morsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ®None (ii) Describe the purpose of the excavation in these areas: ❑This section not applicable Sandy Bottom d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Mark Lewis (Lewis Bros. Boatyard) 405 Lewis Rd. Hampstead, NC c. (i) Do you claim title to disposal area? Elves ®No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: Leveling ground area. d. (1) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA (ill If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (it) If yes, how much water area is affected? MM DECEIVED JUN Is IN JUL 03 2018 DCMWILMINGTON, NDCM-MHD In TY 252.808-2808 :: 1.888-411 :: www.ncc6gistatrnanagement.net revised: 12/26106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type or shoreline stabilization: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other I. Source of fill material. D. Length: Width: d. Maximum distance waterward of NHW or NWL: f. (1) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES SThis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? UYes UNo If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill b. (1) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None III) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Silk Fence Backhoe and barge c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (III If yes, explain what type and how they will be implemented. Date Project Name �— d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No []NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name Applicant natu SiERIVED RECEIVED JUL 0 3 2018 JUN 0 92019 252-808-2808::1.888-4RCOAST:: www.nceoa_stalmanag_ement.net DCM-MHD CITY DCM WILMIN(.jar ! 26106 ►of3 (',-13-Is:da4-e' sTE o^T^ 9^[b, - ]5 (Fl4➢I O[FNI 4Aw! Eg1615] � >5 ISM - 1V wsa swum ss - >w sr. IL L-------------------J .T . IM l R m -ice ---- - J. N,n.Eaw N e ! —1't �— nIFo EI E.I. MfN IT. EY I . Nw M4 ' is ro X W vas IIw a n !NE MMEmrnnw rc TE maExM1 If1Ew ^s „NwuuEE...� w - mnuim SGMT mrosm e. rcnu ssr<! w nE eRovs No MAT TMOE .rs ro waaa.rnn A�PtH CIAO � :'c- - ^�(sl Isr 9qW. MYrlp (£ Mf09w R 11p --.f404fE �� s i si Pmci`,`,F 9E _ IIFY lOR ME IIY'AIFD M 1�1EM FLO]D mEs u sawl IOEw. r� naao mxcs w�c aEII scam Raw fnn Nw nmro-voam. Ev ux a. rws z wrs s .NP . wr RE ^ � rac nn. . N. u p 3 M 66�1.A0 1! » ur.y T.ne. x nasE Iers Rnc ra RR]1r Nm nawc¢ ar vw nE Rwn ^vf�wN�c m an. rx.w Im T 1 I I I I I SIIRwY CREOGNC KWT SNO�G LOT 3 OCEANBREEZE TONNSIIIP, i(PSAIL PENOER CQINtt, NC ttW �t IRY/fR'➢ Ew OOUGLAS N7LKINSON .I. awn. ..n rREvmv er RECEIVED JOHN L PIERCE & ASSOCIATES. P.A. {09 .pHH50N BLw. JACI(SCNNLLE. NC 2041 PNWE: Y10-1._8-9BM GATE: MAY 16. N119 SCALE: 1 5[1' F.B. 557, P. 25 JCR np18-19C09 J U N 0 8 2018 GRAPHIC SCALE 101 BLAND d4iG1G WILMINGTON, NC EYN�a'1L F esheek L 05 3 to — 1;ECEIVED0.}� JUL 0 3 2018 DCM-MHD CITY 'AWN Or MFAS(W4"IS BY ORNFR: )AY A4£RAC£ MEASW40ENIS AT WON WA PER O LOW WAFER 0'T 0tOA7 1F7 LOT e -, Y.B. Ix. —A. 72 �46s: 1 I LOTS_ i M.B. 22, P. 37 J � 1 ` W Esm+ENT —jg LOT 4 ; LOT 3 � M.B. 22• P. 37 61F N.B. 22, P. 37 '1 f LOT a PAIN, LLC j < ' n 1r10TNY D. FAUIN CHAAL13 LOLAS POM O.S. 169Z P. 131 1~ O.B. 1104 P. 35 # 1t 2 STY. 49fri C//AQ NS. (AIM CHANOEY r ON PRA 11l1 TOOTHY RO+. yy, F1' 4) N.G. 33, P. 57. SL. 474 1: M.S. 35, P. 57, SL 474 1 0.6. 4e41, P. 162 LOT J ,w f TRAbERSE S ACE 4 STAO15 MA. 22, P. 37 10.631.70 S.F. a 1 161E 1 , 3A7 70 WOODEN Z ..-- L UNE =7 6 FLO TNG TOLD noAr»1c DOCK- j wAtx 6.5'.14' MTN 5',IO• RAMP WAN ryCH "Ox TO AWAIMW PPROR MFAN LON wATFRL4W �APPROX Y11 EMI fO0WATOKM LOT 4 OLAND SHORES SIEPHEN C. WALLACE AND 1OFE MARGARET W. WALLACE 252S DELANEY RD. wurlNlrDN, HC 29403 O,B. 1997, P. 240 Y.B. 35, P. 67 THIS IS TO CERTIFY THAT THIS MAP IS A TRUE REPRESENTATION OF THE PROPERTY HEREON AS COMPILED BY ACTUAL SURVEY OF THE PREMISES AND THAT THERE ARE NO ENCROACNMENTS AOC ING TO THE BEST OF MY KNOWLEOGE, EXCEPT A SHOWN. THE RATIO OF PRECISION IS 1: iO.000M P.L.S. L-2596 (0.25 AC.) , 1„ w r ----JOP S 343C30' E 105.14• E.K}h.- S 34.3T•23' E 62.9/• — — � ��^ ° ^1A"- �soayea M%rron M — 1, qpp 107.40 20.16' 1 1 1 tlFP3 ... PORTION OF LOT 2 II Y.B. 3S, P. ST. SL 474 op j PORTION OF LOT 2 1 U.S. 356 P. 31, SL 474 /,��.,`l V41E 5,461.72 S.F. (0.13 AC.) � aj� jl , � \ 4.138.72 SF. (009 AC.) 1 101.46' 109.61' 2,4r 210-04 2 31YR o+ Tog'1IF N 3439.40' IN — — - — -- PERMANENT- SURVEY DREDGING PERMIT RMT-OF-MAY M.D.2% P. SO SHOvmG a& 751, P 42 LOTS BLAND S LOT 3. OCEANBREEZE rArdw e 4 TAUTEN C PENDER COUNTY, NC CHAR tm N TOPSAIL TOWNSfiIP, O.B. 4e26, P. I PREPARED FOR M.B. 33• P. e) DOUGLAS IM %UNSON PREPARED BY 4ioHN L PIERCE & ASSOCIATES. P.A. 409 JOHNSON BLVD. JACKSONVILLE, NC 288541 PHONE: 910-346-98M DATE: R� �`[�e ��i SCALE T'= 50' F.B. 557, Z�� .,CApp' JOB #2018-19009 JUN 0 8 2018 ALECEIVED .� GRAPHIC SC DCM WILMINGTON, NC t:1ll i 36 o a 90 Too ?�gt)IS V III fSET pCM WILMINGTON, NC 1 inch = 50 !L CkAAnelSefEucic I"=3 ed5e oFrhannel erg, .cQN� IM NLW �NdW jr, C24 CATION OF MEASUREMENTS BY OWNER: I DAY AVERAGE MEASUREMENTS " AT HIGH WATER - I LOW WATEREXISTING ose to dredge aox BOAT LIFT TRAVERSE nches of spoil.,6 13'xl3' LINE - h_ of t low_ w ter APPROX. WETLANDS CP dredgin pl e - I LINE 212.00' 8't Q t0 w 6' 6.5' 10' 6, M M z EXISTING WOOD i `OI FLOATING DOCK ; WALK o v 1 (Co' 6.5'x14' WITH z 212.00'Z 5'x10' RAMP CIO _ 30' FROM APPROX MEAN HIGH WATERLIN TO APPROX. E MEAN LOW WATERLINE a11BYET ofFnGWc Prsllr LOT 3 -OCEANBREEZE uIN1.._SON— DGUGm :.^__VN 1. PIERCE h ASS^_C!k ��.A. �a JOM„SBB BL . .Y.tic MUE, MB4 41 PHg : 910-30-a GAM MAY ,!, =5 SCAtE 1 - 50' F.B. %7. P. M .ae aB,a-,aoaa GRAPHIC SCALE 1"z5b' SYl ee✓f 3 of 3 ro-13- (8 ' dOL+e, ro,2s-It � rw'rs� ►ttCEIVED JUL 0 3 2018 DCM-MHD CITY LOT 6 GREEN PATH, LLC 2 STY. VINYL C/O MS. LAURIE CHAN ON 'PILINGS 1131 TIMOTHY RD. W/ ENCLOFSEDLOODUNN, NC 28334 STORAGE & STAIRS D.B. P. 182 M.B. 22, P. 37 it 3.9'X7.8' WOODEN 7 5' AC PAD � \ I till 175.12' 1 20 O N 7.9' `r M ai `* 4' WOOD 12 IS WALK 173.37' WOOD DECK 1--,W\APPROX. MEAN HIGH WATERLINE I 1 34'39'49" N ,h 8' WOOD DECK 8.2' N 34 LOT 4 BLAND SHORES STEPHEN C. WALLACE AND WIFE MARGARET W. WALLACE 2525 DELANEY RD. WILMINGTON, NC 28403 RECEIVED D.B. 1997, P. 240 M.B. 35, P. 67 JUN 0 82018 E 2�- 107.40' WOOD STEPS CONC. DRIVE 101.48' 21" W 199.61' DCM WILMINGTON, NC F I, D. LC JO 62 CF D.I M. G II IIIIIIIINo SIII6111111111 Recorded: 01I11I20 6092921 AM Fee Ant. S26.00 Page 1 of 2 Exdae Tax: 10,00 Pender Canty Norm Carolma Sharon Lear Willoughby. Register of Deader BK 4612 PG 2967 - 2968 (2) NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: S 0.00 Parcel Identifier No. 422348-7296-0000 Mail/Box to: Grantee Prepared by: W. Woods Duster Doster. Post S i Iverman. FousheeJost & Patton. P.A., PO Box 1320 Sanford NC 27331 **WITHOUT OPINION ON TITLE** Brief description for the Index: 101 Bland Alley THIS DEED made this 1. � day pf December 2015, by and between The Estate of Elisabeth S. Wilkinson, Douglas H. Wilkinson, Jr., Executor Address: Post Office Box 1088, Sanford, NC 27331 Wilkinson Family Trust Under Elisabeth S. Wilkinson Living Trust Under Agreement Dated 5/18/99, as amended Address: Post Office Box 1088, Sanford, NC 27331 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. W ITNESSETH, 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, all that certain lot or parcel of land situated in the City of Surf City, Topsail Township, Pender County, North Carolina and more particularly described as follows: Being all of Lot 3, Oceanbreere (10,851.70 sq. R. — 0.25 acre) as shown on a map entitled "Final Plat Showing Oceanbreeze" said map being recorded in Map Book 35, Page 51, Pender County Registry, reference to said map being made for greater certainty of description. Together with and subject to the rights, conditions, privileges and appurtenances described in that certain Deed of Easement and Maintenance Agreement dated December 15, 1985 and recorded in Book 663, Page 14 of the Pender County Registry and that certain Easement and Agreement dated June 1, 1989 and recorded in Book 736, Page 157 of the Pender County Registry. Together with a private 5 foot pedestrian access easement to the Atlantic Ocean along the northern margin of that tract deeded to Robert H.. Hilker by deed recorded in Book 1946, Page 60, Pender County Registry as shown in Map - Book 35, Page 51 and Map Book 35, Page 57. The property hereinabove described was acquired by Grantor by instrument recorded in Book 2058, Page 28, Pender County Registry. IN HOUSE BOX - NO ENVELOPE V n RECEIVED RECEIVED JUN 0 8 2018 JUL 0 3 2018 DCM-MHD CITY DCM WILMINGTON, NC BK 4612 PG 2968 DOC# 20006229 ak 4612 P9 2968 A map showing the above described property is recorded in Map Book 35, Page 51, Pander County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The property described in this deed does X— does not contain the principal residence of at least one of the Grantors. 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, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. The Estate /ToffElisabeth �S�. Wilkinson, to r-X—, By: �ouglas H. Wilkinson, Jr., Exa&tor State of North Carolina - County of Lee 1, tnie-la it e L - 1 rating n a notary public o46--A County, North Carolina, do certify that on this �'K'I-day omtrf -..,.b.e/ .2015, befom me personally appeared Douglas H Wilkinson Jr Executor ofThe Estate of Elisabeth S. Wilkinson personally known to me or proved to me by satisfactory evidence to be the person(s) whose name (s) is/= signed on the preceding or attached record, and acknowledged to me that helshe/they signed it voluntarily for its stated purpose. YYNotilry Public ic My Commission Expires: 1.2..a s' State of North Carolina - County of a notary public of County, North Carolina, do certify that on this day of 2015, before me personally appeared personally known to me or proved to me by satisfactory evidence to be the person(s) whose owns (s) is/we signed on the preceding or attached record, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. Notary Public My Commission Expires: RECEIVED JUL 0 3 2018 RECEIVED JUN 0 8 2018 DCM-MHD CITY DCM WILMINGTON, NC 00001 Package 00028 Express US Airbill 7 Pmm Saela Lk Namrrl. e T- 8133 8712 2851, 0215 4 Rrrt Ovemi C Fe wm6.�nawwl.lsgMv�m"'anr..am�m .wMurm s.e.sv oiv.r v.wwe � Fad&Priority 0vemipmMpm.n ❑ xmo eon r.�l.+�s+.aryn+�w i nbeiy",..+r,.rauwuan 0 r N ❑FedFx20ay s..oneee.e�+emon:.�v W p s.m,orr p.i..nxar.„v.u� U = 1 C � ❑ Fedft20ay W = ea mw. —, C n.lu-r.ss.wmoon• WaI a.w.r ce o.e.�. reen oJnan..Jee:.e V LiFedFx Express Saver m.eeoa..m ar.a.vo.arenrmTarem. Q 1X} city 'W,41F(IRT) State lar' 5 Packaging -ow meam �.F¢dFx Envelope' ❑ FadB:Pak' ❑ FedEu 2 Yeur Internal Billing Belerence Bo, 3 To �/ I '7 �( 6 Special Handling and Delivery Signature Options Ncnl1ge'erKs ,,C /v ,^ F I phone �� lQ�'1 - ��� V ❑� Setur=elivsry VL1 e-lJr' rm wreee,s.�e:oa..mem r.ar, m.rAro..=r.eucw.os.... Address e o.. 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Retain "Sender's Copy" for your records. 3. Remove label backing. a DJ14i 4. Adhere airbill to front of package. Please 00 NOT remove "FedEx Copy." :EL FROM THIS CORNER. M m WT M1 7Fftail Fee 'Sr�:?.4SuTicesBFeea(cnxkb,,eeceipt PadcoPrl C3erelpt( $ ••fit' Postmark C3 Mall Reemcme �. Here C3=,. Rew=eagnature Renbicted Deiiv,$$�r3 M4i�..[¢1V Q 8 MR Ml Total Postage and Feee C3 $ IIZA M1SenC3 e_,r;rq M1 .ti , r�Af -Y dam. U.S. Postal Service'" CERTIFIED MAIL® RECEIPT Domestic Mail Only _ For delivery information, visit our website at www.usps.com". �E11t"t!!P` �1+"sTrErm+� M1 r9 M1 1f1 C3 C3 C3 C3 C3 m Ln O M1 ri C3 M1 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1131 lirnc 4 e p� IIIIIIIIII IIII IIIIIIIIIIIIII IT 1111111111111111 9590 9402 2848 7069 6199 94 2. Article Number Crmsfer from service /abate 7 0530 0000 5717 7309 Ps Form 3811, July 2015 PSN 7530-02-000-9053 I- ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Dpf• 54SJ-11 wH�44C-e aS aS �kLau e� i��rz 11111111111111111111111111111111111111111111 9590 9402 2848 7069 6200 06 2. Article Number (Transfer from service labeg 7017 0530 0000 5717 7316 PS Form 3811, July 2015 PSN 7530-02-000-9053 A. sign/agora X Aln// 1.' //IOt, q Agent B. Re faived by (Printed Name) D. Is delivery address different from Rem 1? U Yell If YES, enter delivery address below: ❑ No RECEIVED JUN 0 8 2018 3. IA�ILMINGTON ({��,((�°nry Mal Express® ❑ Adult Signature Ul n- E v , gigistered Me ❑ 9tluR Signature Restricted Delivery ❑ Ragls[ered Mail Restricted Ceriifed Mail® Delivery ❑ Certified Mal Restricted Delivery ❑ Retum Receipt for w ❑ Collect on Delivery Merchandise ry ❑ Collect on Delivery Restricted Delivery 0 Signature ConfinnationTM o U ❑ Insured Mai ❑ Signature Confirmation U Z ❑ Insured Mal Restricted Delivery Restricted Delivery if (over YsaDl " 50 Domestic Return Receipt a _E = v 3 e E o;� o v_ COMPLETE THIS SECTION ONDELIVERY A. Signs El Agent Vl! Addresses c = B. ecei by ri N e) C. Da of Deli ery 'z `o D. Is delivery dress different from Rem 1? ❑ Yes If YE 'TVII31 ass below: ❑ No JUN 0 6 2018 O a Ice ype 13 ❑ Adult Signature ❑ Priorit y Mail Express® C ❑ Ad t Signature Restricted Delivery fed Mail® ❑ Registered Mailm ❑ Ragiatemd Mail Restricted rt: Cemged Mal Restricted Delivery Delivery ❑Return Reoapt for = O rn ❑ Collect on Delivery Merchandise v W ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfimnationTM rya n Insured Mail ❑ Signature COMrtnstion n C 0 dosed Mal Restricted! Delivery 'over$5001 Restricted Delivery pg Domestic Return Receipt April 19, 2018 Mrs. Laurie Chancey Dr. Steve Wallace Dear Laurie and Steve, As I have told you, I must remove some sand from under my boat lifts. The permitting application and process is specific. I plan to get David Gardner to bring his barge with a backhoe and remove some sand from under my lifts and take the spoil to an approved site not on your property or mine. I am told that I must send you certified mail with signed return receipts of notice of my plan and to notify you that you have thirty days to submit comments or object. Comments could be sent to Mr. Jason Dail at iason.dail@ncdenr.gov. If you do not wish to comment or object, you need to do nothing except sign the receipt of this certified letter. Thank you for your co-operation and I apologize for this intrusion. I look forward to a seeing you and your families this summer. Warm weather can't come too soon for me! CC. NC Coastal Management 127 Cardinal Drive Wilmington, NC 28405 Sincerely, Doug Wilkinson RECEIVED JUL 0 3 2018 RECEIVED AIN 082011 DCM-MHD CITY DCM WILMINGTON, NO &DaLQE�NT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Wilkinson ssFamily Trust (Doug Wilkinsoas's 101 Bland Alley 5urf(C1me otproperty Owner) property located at y Y Hanks Channel (Topsail Sound dress, Lsot, glpck, Read, tc.) on P in f City, k en�er County, NC N.C. (Waterbody) (City/Town andfor County) The�t has described to me, as shown below, the development proposed at the above iocatron j I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (tndividual proposing development must rill in description below or attach a site drawing) WAIVER SECTION 1 understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set ack a minimum distance of 15' from my area of riparian access unless waived by n me. (If yo ish to waive the setback, you must initial the appropriate blank below.) (7 1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement, (Property Owner Information) (Adjacent Property Owner Information) Signature Do2alaa Wilkinson Steve Wallace, DDS MHS Print or Type Name Q' Address p47lSlas Dr Mailing _ Ssnfo;cd NC 27330 City 91�770 9380 Telephone Numberlemad address Dare Periodontics/Implants 2525 Delaney Avenue Wilmington, NC 28403 Telephone Number/emaff address i—AA Dare* (Revised Ala 2014) `Valid for one calendar year after signature' RECEIVED RECEIVED JUN 0 S 2018 DCM-MHD CITY DCM WILMINGTON, NC 01-24-'18 14:12 FROM- T-940 P0002/0003 F-844 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Wilkinson Family Trust (Doug Wilkinsous's p rty 101 Bland Allay (fame %properly owner) pro a located at y , Surf ity, (naaress, Lot, Block, RQad, egtc.) on Banks Channel (Topsail Sound) in Surf City, Pender County, NC (Waterbody) (City/TownN.C. and/or County) The applicant has described to me, as shown Ttobelow, the development proposed at the above I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual XOposing development must rill in description below or attach a site drawing) WAIVER SECTION 1 understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) -04G _ 1 do wish to waive the 15'setback requirement t do not wish to waive the 15' setback requirement. (Property Owner Information) Signature Do las Wilkinson Print or Type Name 19 Dr. Mailing Address Cky/Srete/ZI,,00 919 770 9380 Telephone Number/email addr08s (Adjacent Property Owner Infomtation) 'Valid for one calendar year after signature" (Revised Aug. 2014) RECEIVED RECEIVED JUN 0 S 2018 DCM-MHD CITY DCM WILMINGTON, NC Dail, Jason From: Sent: To: Subject: Doug Wilkinson <dwilkinson@wilkinsoncars.com> Wednesday, June 13, 2018 3:47 PM Dail, Jason [External] RE: CAMA Major permit application Jason, I consent and appreciate what you have done. Thank you! Doug Wilkinson Douglas Wilkinson 1301 Douglas Drive Sanford, North Carolina 27330 dwilkinson@wilkinsoncars.com Cell 919 770 9380 From: Dail, Jason [mailto:jason.dail@ncdenr.gov] Sent: Wednesday, June 13, 2018 2:18 PM To: Doug Wilkinson Subject: CAMA Major permit application Mr. Wilkinson, As I mentioned by phone today, I have made a couple of minor adjustments to the MP-2 form as well as your site plans. The additions, corrections or changes are as follows" • MP-2 boat basin measurements were added as 50' length of basin and 17' width of basin with an existing depths of -2.0' at normal low water, proposed to a depth of -6.0' at normal low water • Sheet 1 of 3 was created and dated 6.13.18 • Sheet 2 of 3 was revised to include name, sheet number and date. • Sheet 3 of 3 was revised to include the addition of a cross-section or profile view, basin limits were defined, sheet number was created and dated. Also, name and scale were added. If these changes are acceptable to you, please reply and consent to these changes and I will move forward. If not, please note your changes and provide that information. Thank you, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. RECEIVED JUL 0 3 2018 DCM-MHD CITY "CheNroletdillac I Buick I GN1C June 6, 2018 Mr. Jason Dail NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Dail; Thank you for seeing me last week regarding my application for a dredging permit at Surf City. Enclosed is what I hope is a completed package. If further information is needed please email me or let me know and I will revise the information. Thank you for your assistance in this. WILKINSON AUTOMOTIVE, INC. CADILLAC CHEVROLE' PONTIAC BUICK GMC POST OFFICE BOX 1088 SANFORD, NORTH CAROLINA 27330 DOUGLAS WILKINSON 919775.3421 DWILKINSON@WILKINSONCARS.COM CELL: 919.770.9380 Sincerely; Do gu I' as Wilkinson d In RECEIVED T.e- v o m JUN 0 8 2018 0 m DCM WILMINGTON, NC 1301 Douglas Drive • P.O. Box 1088 • Sanford, NC 27331-1088 • 919-775-3421 www.wilkinsoncars.com • Fax 919-774-3239 ROY COOPER Gnvrmnr MICHAEL S. REGAN krcnun Coastal Management BRAXTON DAVIS ENVIRONMENTAL OUA4TV Ctircwv June 28, 2018 Wilkinson Family Trust C/o Doug Wilkinson 1301 Douglas Drive Sanford, NC 27330 Dear Mr. Wilkinson: The Division of Coastal Management hereby acknowledges receipt of your application, for development activities adjacent to the subject property located at 101 Bland Alley, adjacent to Topsail Sound, in Surf City, Pender County. It was received as complete on June 25, 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision on your permit application is September 8, 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 25, 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. cerel�y�, ason DdiI' Field Representative cc: W iRO — file DCM, MHC Liz Hair, USACE Robb Mairs, DWR Steve Padgett - Inspections, Town of Surf City RECEIVED Sin of North Camtma , Enwonmenml QtWity I Cmoml Management JUL 03 Z O i 8 127 Cardinal Drive Em., Wdmingtm NC 28405 9197967215 DCM-MHD CITY NOTI(01#176A AMA PERMIT APPLIED FOR PROJECT: To excavate an access channel and u f Yatioi Pen er oun COMMENTS ACCEPTED THROUGH July 25, 2018 _ APPLICANT: Agent: David Gardner (910) 545-3474 •- MORE DETAILS• THE LOCAL PERMIT OFFICER : • Cardinal127 . .. 01 Jason Dami, Field Representaflye 910-796-7221 June 1, 2018 To Whom It May Concern: This is to certify that I own the property located at 405 Lewis Rd., Hampstead, NC. This is to further certify that I give permission for David Gardner to dispose of less than 100 cubic yards of material removed from beneath Douglas Wilkinson's boat lift and around his dock located at 101 Bland Alley, Surf City, NC, onto the above property. Signed: 44-!( Mark Lewis //13- Date: y 6 RECEIVED RECEIVED JUN 0 8 2018 DCM WILMINGTON, NC JUL 0 3 2018 DCM-MHD CITY 1� Coastal Management ENVIRONMENTAL OVALITV June 29, 2018 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: Wilkinson Family Trust / Pender County Hello Angie: Please publish the attached Notice in the Wednesday, July 4, 2018 issue. ROY COOPER Govemor MICHAEL REGAN ser,Etary 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, Shaun K. Simpson Permitting Support & Customer Assistance Courtney Spears - WiRO MHC files Liz Hair- USACE RECEIVED State of NoM Caroline I Environmental Quality I Coastal Management JUL 0 3 2018 127 Cardinal Drive Ent., Wilmington, NC 28405 910-7%-7215 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On June 25. 2018, the Wilkinson Family Trust proposed to excavate an access channel and area around an existing docking facility at 101 Bland Alley, adjacent to Topsail Sound, in Surf City, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7221 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 25, 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 State of North Carolina I Environmental Quality I Coastal Management JUL 0 3 2018 127 Cardinal Drive Ent., Wilmington, NC 29405 910-7967215 DCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Topsail Sound Fee: $400 #13200 CDAITS _ MHC cc Applicant: Douglas Wilkinson AgenttContractor: n/a Project Site County: Ponder Staff: Jason Dail District: Wilmington Project Name: WUkinson Slip Excavation Rover File: n/a River Basin: Initial date of application submittal: 848-18 Date applicaton 'received as complete" in the Field office: Permit Authorizafion: ❑ CAMA Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes 4No I PNA: Yes No Photos Taken: Yes Setback Required (riparian): Yes No Critical Habitat: ❑Yes o Not Sure 15 foot waiver obtained: Yes allo Hazard Notification Returned: ❑Yes ANO SAV: ❑Yes ANo ❑Not Sure Shell Bottom: Yes ❑No Not Temporary Impacts: INyes ❑No Sure Sandbags: ❑Yes 4No ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP, ,WYes ❑No ❑Yes Nlo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: $Yes ❑No ❑NA ❑Yes Po ❑NA 5l`-.Sy FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) pe -or- Closed P <�j, 0 ef< - SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) I El Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemifiora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus E F(M Cattail (fypha sp.) spicata) sp.) El (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemedanus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 Ll III(D) Pdv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ 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 - ❑ 11. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 II(C) Priv. public or comm w /D&F to 1 JUL 0 3 2018 acre; 4144 can be applied; DCM needs DWQ agreement - $400 WVnrl-lwI1V Vrr 1 Douglas Wilkinson Date: 6-8-18 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One / New WorkM Replace Sr 7 6 Maint ❑ ❑ Y A N New Work Replace ' Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace . Maint ❑ ❑ Y ❑ N 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 ternimpacts) impact amount) temp impacts) amount DredgeA Fill ❑ Both ❑ Other ❑ O Dredge ❑ Fi I Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1-888-4RCOAST :: www.neeoastalmanaeement.net revised: 10/12/06 T Project Name ) t.'(o Ocki IXI Development Type Fee 1 (14300160143510,30�,,�l62,v,'n-2b3) Check No & Amount 1, Private. non-commercial development that does not involve the filling or exuvation of any wetlands or open water adaas: $250 100%($250) 0%($0) 11, Public or commercial development that des not involve the filling or excavation of any wetlands or open water areas $400 100OK ($400) 0%($0) III For development that involves the filling and/or excavation of up to I acre of wetlands and/or open water areas, determine 4 A,8.C. or 0 below applies. III(Alt Private, non-commercial development. if General Water Quality certification No. 4144 (See attached) can be applied, $250 100%($250) 0%($0) III(B). Public or Commercial deveifirpment, if General Water Quality Certification No, 4144 (See attached) an be applied: $400 100% (WO) 0%,$01 III(C) If General Water Quality certification No. 4144 (see attached) could be applied, but DCM Staff determined that additional review and written OWD concurrence is npo9e8"�, because of cancel ris rewe'dio w b quality of aquatic 11 $400 60% ($240) 40%($160) III(D), If General Water Qualrii-- Certifiralton No. 4144 (see attached), cannot de applied: $400 60% ($2401) 40%($160) IV, Development that involves the filling J$475 arriVor excavation of more that) one acre of wetlands and/of open water areas: -60%($285) 40%($190) Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 6/20/2018 Douglas Wilkinson, Jr. Doug Wilkinson BB&T 13200 $400.00 major fee, 101 Bland Alley, JD rct. 6756 Surf City PNCo SPLIT 60/40 Q W � o N CrJ U^ iJ WI` O J c=C MQ M _ cGc C U O