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68-18 City of Wilmington
Permit Class Permit Number "i�iEVV 68-18 STATE OF NORTH CAROLINA Department of Environmental Quality (IHW-NUS and Coastal Resources Commission 91H £ I Inc Vermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-2.29 Issued to Citv of Wilmington c/o Sterling Cheatam. PO Box 1810; Wilmington, NC 28402 Authorizing development in New Hanover County adj. to the Cape Fear River, at 9 Convention Center Drive, Wilmington as requested in the permittee's application dated 3/16/18 (MP-1) and dated received DCM Wilmington 2/21/18 (MP-4), incl. attached workplan drawings (3), SS101 and SD101 dated 2/6/18; and BDS701 dated 3/15118. This permit, issued on July 3.2018 is subject to compliance with the application (where consistent with the permit), all. applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and. void. Pier Demolition and Reulacement 1) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no in -water work shall be permitted between February 1 and June 30 of any year without the prior- approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) The "Future Floating Dock" indicated on attached Sheets SDI 01 and SS101 are not authorized by this permit. Any request to construct the "Future Floating Dock" will require additional authorization from the Division. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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. 1�1 Braxton C. D Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee City of Wilmington Permit No. 68-18 _ Page 2 of 3 ADDITIONAL CONDITIONS 3) This permit authorizes only the reconstructed docks, piers, and other structures and uses: located in or over the water that are expressly and specifically'set forth in the permit, application. No other structure, whether floating or stationary, shall become a permanent part of this reconstructed docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 4) The docking facility shall display a sign showing the location of the nearest pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 5) No sewage, whether treated or untreated,, shall be discharged at any time from any boats using the reconstructed docking facility. Any sewage discharge at the reconstructed docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be Applied and enforced throughout the entire existence of the permitted structure 6) The permittee shall maintain the authorized work in -good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he. abandons the permitted -Activity without having it transferred to a third party. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities: At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) No: attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found.at http://www.fws.eov/nc-es/mammaYmanateeguidelines.pdf. 10) The authorized project is located within a primary nursery area (I A). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat, propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 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. City of Wilmington i_ - t Permit No. 68-18 Page 3 of 3 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. 14) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. NOTE: It is strongly recommended that the permittee exercise all available precautions during authorized construction of the facility to prevent.debris from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such. activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Nationwide Permit 3 (Action ID No. SAW-2011-01292), which was issued on 7/3/18. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 2018-0475. NOTE: An application processing fee of $400 was received by DCM for this project. RECEIVED JUL '13 2018 DCM-MHD Cn ' !1L'S Lt4tf 11V1\ 11\[fl\V111a11AL faL�Y aa�Vvuvva��v �wvv�.-. TPIRZ ANT: City of Wilmington COUNTY: New Hanover T NAME:Conlon Pier Demolition & Replacement LOCATION OF.PROJECT: 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-20-18 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Brooks Sargan DISTRICT OFFICE: WHAIIIVGTON n n � DISTRICT MANAGER REVIEW: ✓ . �- B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $400 #531 PUBLIC NOTICE RECD: 3-26-18 END OF NOTICE DATE: 4-16-18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: _Q j�1 s/ MAIL OUT DATE: 3-23-18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY. DEED REC D: ON: 150 DAY DEADLINE: STATE DUE DATE: 4-16-18 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance 1$ Division of Coastal Management-LUP Consistency $7r_�(S ✓ Public Water Section (DWR) a MI6 9 Land Quality Section (DEMLR) 3 2Ff Division of Water Resources - 401 Section Storm Water Management(DEMLR) State Property Office b / Division of Archives & History Division of Marine Fisheries - Shellfish Section I (8 l Division of Highways (NCDOT) (� Wildlife Resources -Commission 04d'-f, fu Local Permit Officer v S Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM L 1 ri /V1D�AY bt fyYh,r/ cw{-, Corps of Engineers -Regulatory Branch qI 2 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: City of Wilmington c/o EB Pannkuk (Andrew Consulting Engineers, P.C.) PROJECT NAME: Conlon Pier Repair 2. LOCATION OF PROJECT SITE: 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County. Photo Index - 2006: 204-6658, T-18 Latitude: 34° 14'30.51" N Longitude: 77°57' 10.71" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/22/2018 Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 3/6/2018, Complete 3/20/18 Office — Wilmington Gi 8. SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington Land Classification From LUP — CBD (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment:Existing — N/A Planned — N/A (F) Type of Structures: Existing —Concrete walkway, bulkhead, riprap, timber boardwalk, fixed pier w/ floats Planned — Replace two existing pier cofferdams with steel H-piles and timber framing. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal Wetlands) (B) Non -Vegetated Wetlands 771.1 ft2 (Open water) (previously inco rated (C) Other (Highground) Disposal Site (D) Total Area Disturbed: 771.1 ft' (0.017 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC;Sw Open: No PROJECT SUMMARY: The applicant proposes to replace two existing pier cofferdams with steel H-piles and timber framing. RECEIVED MAR 2 7 2018 DCM- AHD CITY Notes �P End PN: VUYD 2 Comment Deadline: LfjjWjilb ��n � en( Wsi Lm ���' i CG,lWk aA�-ta'�'r 6MA U�t O i OWUU661 S jg '11 (Dfv,lb, , re hoc i JAC* wiz �wiwvv uL od, low r�V�v b,,� l�-r r�u;,v ed. crest Frow� �6-rha�t" "fiti1�� e Io���- tad USA�fvY Ovv"r ".t"' was v �,tild rewe,A ,, 1%yl W! USfK� Nlkvl�/� cW Q S (��Ydl U•4Li"ti Inn u5fi� � I^�J wa.S �0�i' Yvw vSe W &3 S �1 �n r e vim' a)2J� — cU czd usn�/ rucvuA fdhc-e a cM( S-6K+-�e(Q- b rgIDM -(w V"i�¢, l f2L. noG,vWt� "VVWU Pv - 'F]'Dm reap/ Pirtk, kfw f �0v Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, June 11, 2018 3:25 PM To: Surgan, Brooks R; Spears, Courtney Subject: RE: [External] RE: Conlon Pier Replacement - Harbor Line Inquiry (UNCLASSIFIED) CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<maiIto: repo rt.spam@nc.gov> Thanks Brooks! I'm out of the office until Thursday, but I'll get with Justin on this and remind him that he's already reviewed the project. . Liz -----Original Message -- From: Surgan, Brooks R [mailto:brooks.surgan@ncdenr.gov] Sent: Monday, June 11, 2018 2:48 PM To: Spears, Courtney <courtney.spears@ncdenr.gov> Cc: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] FW: [External] RE: Conlon Pier Replacement - Harbor Line Inquiry (UNCLASSIFIED) Liz and Courtney, Here is the correspondence I had with Navigation before the permit application was submitted. Brooks R Surgan Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7270 office Brooks.surgan@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message --- From: Arnette, Justin R CIV USARMY CESAW (US)[mailto:Justin.R.Arnette@usace.army.mil] Sent: Monday, February 12, 2018 8:19 AM To: Surgan, Brooks R <brooks.surgan@ncdenr.gov> Subject: [External] RE;. -Conlon Pier Replacement -Harbor Line. Inquiry (UNCLASSIFIED) CAUTION: EzternaL:emaiL Do not:clickdinks at open- attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> CLASSIFICATION: UNCLASSIFIED As long as they do not go out any further than they currently are we would not have an issue with the proposed re- construction. Thanks. justin --Original Message --- From: Surgan, Brooks R [mailto:brooks.surgan@ncdenr.gov] Sent: Friday, February 9, 2018 4:14 PM To: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil> Subject: [Non-DoD Source] Conlon Pier Replacement - Harbor Line Inquiry Justin, The City of Wilmington would.like to replace Conlon Pier (large "T"-head pier downtown in front of the Convention Center). The replacement would involve removing the two existing cofferdams and replacing them with a new timber framed pier (see attached). The applicant states that the pier will be within the same footprint as the cofferdams! The issue here is that the existing cofferdams are partially within the Harbor Line and the proposed replacement pier will be within the footprint but will also encroach in to the Harbor Line. Will the project as proposed be an issue? Brooks R Surgan Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7270 office Brooks.surgan@ncdenr.gov<maiIto: Brooks.surgan@ncdenr.gov> 127 Cardinal Drive Ext. Wilmington, NC 28405 Spears, Courtney From: Surgan, Brooks R Sent: Monday, June 11, 2018 3:06 PM To: Spears, Courtney Cc: Hair, Sarah E CN CESAW CESAD (US) Subject: RE: [External] RE: City of Wilmington CAMA permit Attachments: Conlon Pier 2012 Mod.pdf Liz and Courtney, A modification to State Permit #15-02 was authorized on January 12, 2012 for the reconstruction of both cofferdams and the installation of dolphins and mooring pilings (see attached). As for the cofferdam being within the channel setback, I talked with Justin Arnette a while back and he said it would not be an issue (I forwarded our correspondence to you via email already). Brooks R Surgan Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7270 office Brooks.suraan()ncdenr.00v 127 Cardinal Drive Ext. Wilmington, NC 28405 (Nothing Compares„ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Saturday, June 09, 2018 1:53 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: Surgan, Brooks R <brooks.surgan@ncdenr.gov> Subject: Re: [External] RE: City of Wilmington CAMA permit Hey Liz, From what I can tell, this facility was added/modified'in 2011/2012 to that 15-02 permit. Since that permit expired they had to come in for a new major. I don't think the old permit action included removing the cofferdam structures like this one does. Does that make sense? I have copied Brooks on this email as he is the field rep on this project and may be able to provide more detail and look through the old file. I will be out of the office until the 18th, possibly longer, for a family emergency. Thank youth Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, June 8, 2018 3:58:47 PM To: Spears, Courtney Subject: [External] RE: City of Wilmington CAMA permit CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mai Ito: report.soam@nc.gov> So 1 found it. It was one Tyler had that ended up buried in my inbox before he left. We received it on March 30-wow. Quick question: Is this not a part of the original permit from 2011? If not, I guess this would be reviewed under a NWP 3 for maintenance, but I'll need to coordinate with someone from Navigation on the encroachment to the Harbor Line issue. I'll let you know as soon as I hear back. Sorry about this one. Liz ---Original Message ---- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Thursday, June 7, 2018 11:49 AM To: 'Spears, Courtney' <courtnev.spears@ncdenr.gov> Subject: RE: City of Wilmington LAMA permit Hey Courtney, This one is not familiar to me. Could it be one that Tyler was working on? He deployed around the end of April and was moving a lot of paper before he left. I'm looking into it though and will get back you when I find out. Liz —Original Message — From: Spears, Courtney[mailto:courtney.spears@ncdenr.gov] Sent: Thursday; June 7, 2018 11:29 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Halr@usace.armv.mil> Subject: [Non -DOD Source] City of Wilmington CAMA permit Hey Liz, Sorry if you've emailed about this projects recently, but I can't find anything. 1 just transitioned over to Assistant Major Permits Coordinator (Heather's old job), and I'm trying to get a handle on the projects where our 75,day deadline is coming up. Do you know where the Corps is on the CAMA Major Permit for City of Wilmington at 9 Convention Center Drive? They are proposing to remove some existing circular cofferdam structures and cover the area with decking at an k��(z existing docking facility. This facility was previously authorized via CAMA Major Permit 15-02 (USACE Action ID 20001600), but that permit has expired, so to make changes they had to come in for a new major. Please let me know if I can provide any additional details. Thank youllll Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soears@ ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -a I ASV U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2011-01292 County: New Hanover U.S.G.S. Quad: NC -Wilmington GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: E-mail: City of Wilmington Mr. Sterling Cheatham Post Office Box 1810 Wilmington. NC 28402 (910)341-7810 Anthony.2eathers(a),wilmingtonnc.2ov Size (acres) 2.81 Nearest Town Wilmington Nearest Waterway NE Cape Fear River River Basin Cave Fear USGS HUC 03030005 Coordinates Latitude: 34.2332 Longitude:-77.9495 Location description: The project area is located at 9 Convention Center Drive, adjacent to the Northeast Cape Fear River, in Wilmington, New Hanover County, North Carolina. Description of projects area and activity: This verification authorizes the replacement of two pier cofferdams with steel H-piles and timber framing. Please see the attached plans. Applicable Law(s): ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 3 SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application received in our office on 3/30/2018and the enclosed plans Conlon Pier Demolition and New Pier-, Pages SS101 and BDS-01 dated 02/06/2018 and 03/15/2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This -Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ms. Liz Hair at (910) 251-040041499� or sarah.e.hair(a usace.armv.mil. RECEIVED Corps Regulatory Official: � rr� Date: 7/2/2018 Expiration Date of Verification: 3/ 022 __=0 3 201 $ DCM WILMINGTON, NC f a -., SAW-2011-01292 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.miUcm_apex/Pp=136:4:0 Copy fumished: Agent: Andrews Consulting Engineers, P.C. . Mr. Everett Pannkuk Address: 3811 Peachtree Ave, Suite 300 Wilmington, NC 28403 Telephone Number: (910) 202-5555 E-mail: ebaandrewenaineers.com SAW-2011-01292 SPECIAL CONDITIONS 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.gov/nc-es/mammal/manatee_guidelines.pdf. RECEIVED JUL 0 3 2018 DCM WILMINGTON, NC Action ID Number: SAW-2011-01292 County: New Hanover Permittee: City of Wilmington, Mr. Sterling Cheatham Project Name: Carolina Boatyard Date Verification Issued: 7/2/2018 Project Manager: Ms. Liz Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: 11V741,l yd[40361�Y�7� W11MINGTON DISTRICT Attn: Ms. Liz Hair Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 or sarah.e.hair@usace.a rmy. m it Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Coastal Management ENVIRONMENTAL QUALITY SENT VIA EMAIL June 5, 2018 Andrew Consulting Engineers, P.C. c/o Everett B. Pannkuk 3811 Peachtree Ave. Suite 300 Wilmington, NC 28403 ebOandrewengineers.com Dear Sir: MSG ROY COOPER Govemor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of the City of Wilmington to undertake development activities on their property at 9 Convention Center Drive adjacent to the Cape Fear River, in Wilmington, New Hanover County Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make August 18, 2018, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (910-796-7426) or e-mail (courtney.spears@ncdenr.gov). Sin erely, ourtney .Spears Assistant Major Permits Coordinator cc: City of Wilmington c/o Sterling Cheatam, via email Anthony.geathers@wilmingtonnc.gov WiRO file MHC file State of North Carolina I Environmental Qwllty I Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910 796 7215 Recommendations for State Permit — City of Wilmington 3/22/2018 It is the staffs recommendation the replacement of the existing cofferdams with steel H-piles will enable the continued use of the structure to the public as an extension of the Cape Fear Riverwalk. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the similar pier length rule, the square foot rule for public access, and the pier width rule. The new structures would not encroach into either 15' riparian setback but would encroach on the US Army Corps Harbor Line. Communication between this office and the Army Corps Navigation Office regarding encroachment of the new H-piles within the Harbor Line concluded that the proposal would not impede on navigation and the use of the Cape Fear River. Construction of the new structures includes driving new H-piles in to mud river bottom. This would result in temporary suspended sediments which may have impacts on biological processes and organisms within the immediate area. No new impacts to Primary Nursery Area are requested in the proposal. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for docking facilities. RECEIVED MAR 2 7 2018 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY March 23, 2018 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Govemor MICHAEL S. REGAN Secremry BRAXTON DAVIS Direclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a),ncdenr.00v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: City of Wilmington (Conlon Pier Repair) Project Location: 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 16, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. i REPLY: h This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED L �� DATED 3 /2 I / L Received MAR 2 6 2N State of Noah Carolina I Environmental Quality I Commit Management 127 Cardinal Drive E.I., Wilmington, NC 29405 DC 910-796-7215 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, —City of Wilmington, Wilmington Date: May 7, 2018 This project is consistent and not in conflict with the Wilmington - New Hanover County Joint Land Use Plan Update. The applicant is proposing to replace two existing pier cofferdams with steel H-piles and timber framing. The project is located at 9 Convention Center Drive in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SC;Sw and are not open to the harvesting of shellfish. The area is a Primary Nursery Area (no resource). I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint Land Use Plan and offer the following comments. The general area of the project is classified as CBD and Resource Protection. In general, New Hanover County allows development in CBD and Resource Protection classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Cc: File RECEIVED MAY 7 2018 Coastal Management ENVIRONMENTAL QUALITY March 23, 2018 kdt. TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Govemor MICHAEL S. REGAN secrelmy BRAXTON DAVIS Dimclar R23 9 -)"SloM� 2018 /f vv f R0 - °ublr awa ees�dce, FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aD-ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: City of Wilmington (Conlon Pier Repair) Project Location: 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 16, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 7� `*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 ,�II11 comments. / SIGNED l JJ/� �/YLO� DATED ` State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Et., Wilmington, NC 28405 910-7%-7215 Coastal Management ENVIRONMENTAL QUALITY March 23, 2018 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director E MAR ?3 2013 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscD-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: City of Wilmington (Conlon Pier Repair) Project Location: 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 16, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED e Received MAR ' 8 1018 State of North Carolina I Environmental Quality I Coastal Management DCM 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 "T T Coastal Management ENVIRONMENTAL QUALITY March 23, 2018 TO: Chad Coburn 401 Wetlands DWR-WiRO ROY COOPER RECEIVED Governor MICHAEL S. REGAN MAR 2 8 2018 seerelnry NCDEO BRAXTON DAVIS wILMINWON RO Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatso)-ncdenrgov Fax: 395-3964 (Courier 04-16-33J SUBJECT: CAMA Application Review Applicant: City of Wilmington (Conlon Pier Repair) Project Location: 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 16, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: %l-, gC, epp'u,"Ll frAc%,. Gc vyq 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. 6�SIGNED DATED YZ14J 6 RECEIVED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Frt., Wilmington, NC 28405 APR 18 2018 910a967215 DCM WILMINGTON, NC Coastal Management ENVIRONMENTAL QUALITY March 23. 2018 TO: Georgette Scott Stormwater Section DEMLR - WiRO &RECENED MAR 2 3 2018 NCDEQ WILMINGTON RO ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)-ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: City of Wilmington (Conlon Pier Repair) Project Location: 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 16, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. /- ANK DATED Received MAR Z 8 2018 Stare of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fad., Wilmington, NC 28405 DC M 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY March 23, 2018 TO: W, Tim Walton Dept of Administration State Property Office RECEIVED MAR 2 Z 2018 DOA STATE PROPERTY OFFICE ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Obenor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cilncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: City of Wilmington (Conlon Pier Repair) Project Location: 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 16, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. /"Additional comments may be attached" ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED - DATED yG/g State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management iNViROMMCNTAL QUALITY March 23, 2018 TO FROM: SUBJECT: Applicant: Project Location: Proposed Project: Received: 04/09/2018 State Historic Preservation Office ROY COOPER LM� MICHAEL S. REGAN SecrxwY BRAXTON DAVIS fNrnwa ER 18-0715 Due -- 4/17/18 1 Renee Gledhill -Early Dept of Cultural Resources Archives & History A - Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm , NC 28405 heather coatsZEincdenr ciov Fax: 395-3964 (Courier 04-16-33) CAMA Application Review City of Wilmington (Conlon Pier Repair) 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 16, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED Zb RECEIVED Swe of Nona Cwolma I E. m =nd (hmluy I Cowl Muoegai 1:7 Cmgnei Dme Em . Wdmmg"I, NC 28401 o 10.7967211 APR 26201E UCM WILMINGTON, NC WA Coastal Management ENVIRONMENTAL QUALITY March 23, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Govemar MICHAEL S. REGAN Srcrerary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(c)-ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: City of Wilmington (Conlon Pier Repair) Project Location: 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 16, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. per e✓ Avd y SIGNED DATED Azd RECEIVED APR 05 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E,a , Wilmington, NC 28405 D C M - M H D CITY 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY March 23, 2018 David Harris NC DOT Roadside Environmental Unit ROY COOPER Onvernnr MICHAEL S. REGAN secremry BRAXTON DAVIS Direcmr RECEIVED APR 05 2018 NC DOT DISTRICT 3 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa),ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: City of Wilmington (Conlon Pier Repair) Project Location: 9 Convention Center Dr, adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 16, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /c DATED RECEIVED DCM WILMINGTON, NC APR 12 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL OUALITY March 23, 2016 TO: C .I`d D4 02-o2_ Maria Dunn NC Wildlife Resources Commission For WiRO ROY COOPER .m r MICHAEL S. REGAN Y.,Mmr BRAXTON DAVIS Dins r T of APP M RECEIVED �frtiaiiat :, CONtI�Y�#son FROM: Heather Coats, Assistant Major Permits Coordinator 1 NCDEO -Division of Coastal Management 127 Cardinal Drive Ext , Wilm., NC 28405 heather. coats@ncdenr.gov Fax'. 395-3964 (Courier04-16-33) SUBJECT: CAMA Application Review Applicant: City of Wilmington (Conlon Pier Repair) Project Location: 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and ,.. return this fofm to Heaftr�£o~iis at the address above by April 16, 2018. If you have any appropriate questions regarding the proposed project, contact CourtneySpears at (910) 796-7423 when appro p 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. DATED SIGNED RE11CF"VED DCM WILMINGTON, NC APR 13 2018 Stalc of North Cacolma Envvonmemal Q�aliry Cwalal ManaR<mcN 127 Cardinal Give Ext. Wilmingim, NC 2&f05 910-79&7215 INA 4cather-Cogg, Div'is-ion"" D661�of E4*onmefdt4:Q6Aty,- I.— .:. 1...--. .1 llOTV &a(Fb 151v'lsi DATE, - Coastal Management ENVIRONMENTAL QUALITY March 23, 2018 TO: Linda Painter Local Permit Officer County of New Hanover AC I L` VAR Zti aC 6 NM HANOVER iY PLANNING u :--CNING ROY COOPER co1.N1.. MICHAEL S. REGAN sE BRAX'rON DAVIS DR , FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats@ncdencaov Fax: 395-3964 (Courier04-16-33) SUBJECT: CAMA Application Review Applicant: City of Wilmington (Conlon Pier Repair) Project Location: 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 16, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested REPLY: ✓ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED o, DATED S • RECEIVED APR 0 5 Wor tiuh of wmh Carom En"m -r" Qoahry I Crow MRRy,nmt 127 CArdinal Dnw W.WImwgt LwZW5 DCM WILMINGTON, NC 910.7967215 Coastal Management ENVIRONMENTAL QUALITY March 23, 2018 1W Curt Weychert Fisheries Resource Specialist MHC-DCM ROY COOPER Qowmm, MICHAEL S. REGAN Yecrnan, BRAXTON DAVIS %)nYa., FROM Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heathercoats cilmdenroov Fax: 395-3964 (Courier 04-16.33) SUBJECT CAMA Application Review Applicant: City of Wilmington (Conlon Pier Repair) Project Location: 9 Convention Center Dr, adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to replace two (2) pier cofferdams Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 16, 2018. If you have any questions regarding the proposed project, contact eeartaey-Spea�e-at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. &MV-5 56vz4a 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. MU1SIGNED DATED - g RECEIVED APR 0 2 2018 DCM WILMINGTON, NC Slate or Nwh Carolina I Flrvimnmenlal Qmmn,, Coastal Managcnnnl 127 Cmdmal Drive Ext, Wilmington. NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DCM Fisheries Resource Specialist SUBJECT: City of Wilmington (Conlon Pier Repair) DATE: April 2, 2018 ROY COOPER G.Ws MICHAEL S. REGAN se,.my BRAXTON DAVIS IN.e A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to replace two existing cofferdams with 14 steel H-Piles and timber framing which will remain within the existing footprint. The project is in the Cape Fear River, adjacent to Peter Point, the area where the Cape Fear River joins the Northeast Cape Fear River. The project is in waters classified as SC by the Division of Water Resources and designated as a primary nursery area (PNA) and an anadromous fish spawning area (AFSA). This portion of the Cape Fear River has been designated as AFSA. AFSAs have evidence of anadromous fish spawning through direct observation, capture of running ripe females, or indication of eggs or early larvae. Anadromous species within the Cape Fear River include American and hickory shad, striped bass, river herring, American eel and both Atlantic and shortnose sturgeon. The noise associated with pile installation causes concern for fish movement in the project area. An AFSA moratorium on pile driving is recommended from 1 February to 30 June if the work cannot be done inside of the existing coffer dams. This moratorium reduces the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt Weychert cdenr gov withfurther questions or concerns. Slate of North C.Ohna I Envitonmenbl QudBy I Co wl M...... 400 Commeroc Avenue I Mmhmd City, NC 28557 252.80&28081252Q47d330 (fax) Coastal Management ENVIRONMENTAL QUALITY March 23, 2018 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: City of Wilmington / New Hanover County Hello Angie: Please publish the attached Notice in the Monday, March 26, 2018 issue. ROY COOPER Governor MICHAEL REGAN Secretary 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 Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM RECEIVED MAR 2 7 2018 State of North Carolina I Enviromnental Quality I Coadal Management D C M- I VI H D CITY 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On March 20, 2018, the City of Wilmington proposed to replace two (2) pier cofferdams at 9 Convention Center Dr., adjacent to the Cape Fear River, in Wilmington, New Hanover County. A copy of the application can be examined or copied at the office of Brooks Surgan, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 16, 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 f<dA^i 2 7 2018 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 RECEIVED City of Wilmington c/o E.B. Pannkuk (Andrew Consulting Engineers, P.C.) MAR 2 7 2018 Page 2 9. PROJECT DESCRIPTION: DC M- M H D CITY The project site is located at 9 Convention Center Drive, adjacent to the Cape Fear River, in Wilmington, New Hanover County. To find this project site from the Wilmington Regional Office, head northwest on N Cardinal Drive Extension for 0.2 miles. Turn left onto Market Street and travel approximately 0.4 miles. Turn right onto US-74 W/Martin Luther King Jr. Parkway and proceed 5.5 miles towards Downtown Wilmington. Continue onto N. 31 St. for 0.2 miles and then turn right onto N Front St. Continue 0.4 miles then turn right onto Hanover St. Travel approximately 0.15 miles and the property will be located on the left at the end of Hanover St. The project site is located on the east bank of the Cape Fear River and consists of a single lot with a total area of approximately 122,404 111 or 2.81 acres. Existing structures on this property include a concrete walkway, bulkhead and riprap shoreline, timber boardwalk that serves as part of the Cape Fear Riverwalk, and fixed concrete pier. The existing fixed concrete pier is 115' in length and 19.5' in width with brick topping connected to two (2) 100' in length by 10' in width timber piers with two (2) approximately 23' diameter cellular mooring cofferdams, one at each ends. The existing pier also includes three (3) aluminum gangways leading to a 74' in length by I V in width float and two (2) 70' in length by 14' in width floats. The property lies west of the Wilmington Convention Center and 4 level parking garage owned by the City of Wilmington. The subject parcel also lies west of the new Embassy Suites Hotel. Port City Marina lies to the north of the property, and the Greater Wilmington Chamber of Commerce to the South. There are two adjacent public piers to the south of the existing pier off the Riverwalk with the closest pier located approximately 50' from the southern cofferdam. The application states that project site has approximately 635 linear feet of shoreline frontage and averages 6.5' above the Normal Water Level. The upland area of the project site contains maintained lawn grass, an oak tree, and a few ornamental bushes. On the waterward side of the bulkhead, within the Cape Fear River and below Normal High Water (NHW), is low marsh vegetation consisting of common reed (Phragmites australis). The Cape Fear River is approximately 700' wide at the project site. The project site was previously the location of some sort of shipping terminal. The historical aerial photography (1956 and 1966) indicates that the site contained several man-made boatslips or canals at the northern edge of the tract, a piling supported building extending over the water and additional buildings and port related structures. The existing pier is also seen within these photographs. Aerial photography from 1984 indicates the presence of railroad tracks, a large storage tank, and the existing pier. In 1999, the site was cleared and graded under State Permit #91- 99 in preparation for commercial development. A pre-existing soil remediation project approved by the N.C. Division of Water Quality — Groundwater Section was completed under Permit# SR0800073. In 2002, several improvements proposed by Live Oak Development were authorized for this site under State Permit #15-02. Authorized structures included, an upland extension of the City's Riverwalk, a concrete bulkhead, and changes to the original pier which replaced the old diagonal access pier with a new straight access to the T-head and added three floats. 7 multi -story commercial/retail and multi -family residential buildings and two additional docks were authorized but were never built. State Permit # 15-02 was transferred to River Ventures, LLC on Jun 14, 2004 and subsequently renewed on December 1, 2005. State Permit #15-02 was transferred from River Ventures, LLC to City of Wilmington on June 21, 2007 and then renewed and modified on October 31, 2007. Modifications included the construction of the convention center, parking garage, and motel, the relocation of an unbuilt pier, and the removal of the Riverwalk decking. State Permit # 15-02 was modified again on May 12, 2008 for the installation of stormwater outfall pipes and bulkhead repairs. Another modification was authorized on June 25, 2008 to construct new bulkhead and extend the Riverwalk. An authorized renewal could not be located after the permit expired on December 31, 2009, however, State Permit #15-02 was modified on January 12, 2012. Modifications included the replacement of the two cofferdams and installation of dolphins and mooring pilings. State Permit # 15- 02 expired on December 31, 2013. The City of Wilmington 2016 Land Use Plan classifies the highground as Central Business District the adjacent waters of the Cape Fear River are classified SC;Sw by the Division of Water Resources. They are designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. City of Wilmington c/o E.B. Pannkuk (Andrew Consulting Engineers, P.C.) Page 3 PROPOSED PROJECT: The applicant proposes to replace two existing pier cofferdams with steel H-piles and timber framing within the existing footprint. The applicant states that the existing approximately 23' cellular cofferdams (steel sheetpile) will be removed III below the mudline and the existing concrete cap will also be removed. The cofferdams will be removed by crane on a floating barge which will be stabilized by spuds. The contractor will drive 14 new H-piles with a pile driving attachment on the crane. Timber framing will be installed on the new steel piles to create a deck that will connect with the existing timber T-head. 10. ANTICIPATED ]IMPACTS: The proposed cofferdam replacement would incorporate approximately 771.1 ftz of Estuarine Waters and Pubic Trust Area located within the same footprint as the existing structure. The replacement would facilitate the continued use of the pier by the public for fishing and transient boat dockage. The position of the new H-piles would not encroach on the 15' riparian corridor of either adjacent riparian property, however, the replacement would result in an encroachment within the Army Corps Harbor Line but would not extend any farther waterward than the existing structures. Each existing cofferdam appears to encroach approximately 5' within the Harbor Line for a total area of approximately MOW. Replacement of the existing cofferdams would result in the same area of encroachment within the Harbor Line and could potentially restrict vessel navigation in the Cape Fear River. The proposed structure would extend approximately 125' in to the Cape Fear River, which measures approximately 700' across, thus meeting the ''/< width rule. Work on this project would not cause any adverse impacts to coastal wetlands but may cause minor turbidity within the river during construction. The applicant states that care will be made to prevent any debris during construction and any sawdust from demolition and new construction from falling in to the river. No dredging is being requested in this application. Submitted by: Brooks R. Surgan Date: 3/22/2018 Office: Wilmington RECEIVED MAR 2 7 2018 DCM- MHD CITY 1OM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) bA North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name City Of Wilmington Project Name (if applicable) Conlon Pier Demolition and Replacement Applicant 1: First Name Sterling MI Last Name Cheatham Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 1810 City Wilmington State NC ZIP 28402 Country USA Phone No. 910-341-7810 ext. FAX No. Street Address (d different from above) city State ZIP Email anthony.geathers@wilmingtonnc.gov 2. Agent/ContractorInformation Business Name Andrew Consulting Engineers, P.C. Agent/ Contractor 1: First Name Everett MI B Last Name Pannkuk Agent/ Contractor 2: First Name MI Last Name Mailing Address 3811 Peachtree Ave, Suite 300 PO Box city Wilmington State NC ZIP 28403 Phone No. 1 910-202-5555 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (d diHerent from above) city State ZIP Email eb@andrewengineers.com 40 ra\VV`ursR—�'Ld <Form continues on balft 2 7 2018 252.808.2808 .. 1-888-4RCOA5T .. www ncc ment.2o", Form DCM MP-1 (Page 2 of 2) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 9 Convention Center Drive Subdivision Name City State Zip River Ventures Convention Center Wilmington NC 28401 - Phone No. Lot No.(s) (rf many, attach additional page with list) ext. R04716-001-024-000, Alt ID: 311819.60.4897.000. , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Northeast Cape Fear River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 635 ft 122,404 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or same, NWL (normal water level) (if many lot sizes, please attach additional page with a list) 6.5 ❑NHW or ®NWL e. Vegetation on tract The shoreline as an existing steel sheetpile wall along the full length. The wall is built around 3260 sq ft of marsh. There is a 11" & 12" live oak tree, grass, various newly planted trees. f. Man-made features and uses now on tract Steel sheetpile wall. Timber riverwalk. Small section of conrete sidewalk. A 11 5'x 19.5' concrete pier with bricktopping conntected to 2-100' x 10' timber piers with 2- 22' diameter celluar mooring cofferdams at the ends. Also, 3- alumninum gangways leading to a 74' x I V and 2- 70' x 14' timber floating docks. g. Identify and describe the existing land uses adiacent to the proposed project site. A marina on the north side, newly built hotel building on the east and the Wilmington Convention Center, the Wilmington Chamber of Commerce building to the southeast and Cape Fear Tech building to the south. h. How does local government zone the tract? I. is the proposed project consistent with the applicable zoning? CBD - Central Business District (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No it. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? O I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ON National Register listed or eligible properly? p1� <Form continues on next p RECEIVED 201B M\�M\NG�pN NG pG�` 252-806-2808 .. 1-888-41FICOA� -. Ww .n oas atmanagemen t. net Form DCM MP-1 (Page 3 of 3) 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. Non -building type structure. No wastewater facilities on the tract. o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. _ N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®PublictGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The exisiting concrete capped cellular cofferdam will be demolished and replaced with a timber walkway matching the adjacent timber framed pier occupying the same footprint as the existing cofferdam. The daily operations of the new timber walkway will be for pedestrians utilizing the riverwalk. 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. The existing cellular cofferdam (steel sheetpile) will be removed to 1 ft below the mudline. The existing concrete cap will be removed. The existing railings will be reused. Care will be made to prevent any debris during demolition and any sawdust from demo and new construction from falling into the Cape Fear. The two existing cofferdams will be removed by a crane on a floating barge. The barge will be stabilized with spuds. The contractor will drive the new H piles with a pile driving attachment on the crane. Workers will install timber framing using work floats secured to the new steel piles. d. List all development activities you propose. Install 14 new steel H piles with timber framing above. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 780 ®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. N/A i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA G If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA �v j. Is there any mitigation proposed? s []No ®NA If yes, attach a mitigation proposal. RECEIVED MAR 2 7 2018 ., -CQ1 ,NO 252-808-2808 :: 1-888-4RCOAST ::ryi/wM..pM"DaTpTYgement.n Form DCM MP-1 (Page 4 of4) APPLICATION for Major Development Permit <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, it applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed projecL Is any portion already complete? If previously authorized work, dearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficienfly 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 Northern Riverfront Marina and Hotel, LLLP Phone No. Address 720 N. 3' Street. Third floor, Wilmington, NC 28401 Name Cape Fear Technical Institute Phone No. 910-362-7000 Address 401 N Water Street, Wilmington, NC 28401 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date SIJ 6 // 6 Print Name Everett Pannkuk i Signature Please indicate application attachments pertaining to your proposed project. o ❑DCM MP-2 Excavation and Fill Information ❑DCM MF5@pCTAoe J❑DCM MP-3 Upland Development �L- %- � P ®DCM MP-4 Structures Information MAR 2 7 2918 M VNt�NG'i 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanageme .net 00 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PublldGovemment ❑Private/Community ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ❑No c. (i) Dock(s) and/or piers) d. (I) Are Finger Piers included? []Yes []No (ii) Number If yes: (III) Length (ti) Number (iv) Width (III) Length (v) Floating ❑Yes []No (iv) Width (v) Floating []Yes []No e. (1) Are Platforms included? ❑Yes []No f. (I) Are Boatlifts included? []Yes ❑No If yes: If yes: (it) Number (II) Number (III) Length (III) Length (Iv) Width (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (Ill Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips) only, number of slips: ❑ Dry storage; number of boats: ❑ Boat remp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel []Open water; no dredging required ❑Other; please describe: k. Typical boat length: I. (i) Will the facility be open to the general public? ❑Yes ❑No in. (i) Will the facility have be pilings? ❑Yea °"° RECEIVED (iI) If yes number of be pilings? n EC f_ t V ED MAR 2 7 2018 DCM WILMINGTON, NC FEB 2 12018 252-808-2808 :: 1-888-4RCOA5T :: www.nccoastalmanagement.neflC M- M H D ii revised: 12127/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. III) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No MAR 2 7 2018 _:VED 0Cfv1 WILMINGTON, NC FEB 2 1 2018 252.808-2808 :: 1-888-4RCOAST :: www.nccoas__talmanagement.net CITY Y revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. Is the madna/dooking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) ®This section not applicable a. (i) Is the boathouse structure(s): []Commercial ❑Public/Govemment ❑Private/Community (it) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length Ili) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliclGovemment ❑PrivatetCommunity a Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC MAR 2 7 2018 252-808-2808 :: 1-888-4RCOAST :: www.nccor.staimanagement.net DCM- MHD CITY FEB 212 018 revised: 12/27/06 Form DCM MP-4 (structures, Page 4 or 4) a. Proximityof structure(s) to adjacent riparian property lines 110, Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 700' e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be Implemented. b. Proximity of structure(s) to adjacent docking facilities. 560' d. Water depth at waterward end of structure at NLW or NWL -35' 18. OTHER ❑This section not applicable a. Give complete description: Demolition of 2 existing 22'-4" diameter steel cellular cofferdam to 1' below the mudline, concrete cap, timber handrail posts. The alumimum handrails will be reused on the new pier. Construciton of a 2 new timber framed piers matching the existing cofferdam's footprint and the framing matching the adjacent timber pier. The pier will be supported by 14 steel H piles. Care will be made to prevent debris from falling into the Cape Fear River during demolition and construction. Date Conlon Pier Demolition and New Pier Project Name EB Pannkuk Applicant Name Applicant Signature 252-808-2808 :: 1-888-4RCOAST :: wwwmccoastalmanagement.net RECEIVED _ ::VED MAR 2 7 2018 DC'V WILMINGTON, NC _ Tv FEB 2 1 MHU 1 r revised: 12/27/06 Coastal Management ENVIRONMENTAL QUALITY March 22, 2018 Andrew Consulting Engineers, P.C. clo Everette B. Pannkuk 3811 Peachtree Avenue, Suite 300 Wilmington, NC 28403 Dear Mr. Pannkuk: ROY COOPER Gavrm,w MICHAEL S. REGAN vcretun• BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for City of Wilmington, for State approval for development of the subject property located at 9 Convention Center Drive, adjacent to the Cape Fear River, in Wilmington, New Hanover County. It was received as complete on March 20, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 3, 2018. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 20, 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. Sincerely, Brooks Surgan Field Representative cc: Heather Coats, DCM Chad Coburn, DWR Doug Huggett, MHC Sterling Cheatham, City of Wilmington Tyler Crumbley, COE Kathryn Thurston, City of Wilmington Linda Painter, New Hanover County A110 OHw -w30 (AA0338 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E#., Wilmington, NC 28405 910-796-7215 NOTI(0100170A 10 CAMA PERMIT Wilmington, FOF! ew Hanover County. lams with onvention i COMMENTS ACCEPTED THROUGH fir- 18 APPLICANT: City of Wilmington c/o Sterling Cheatham PO Box 1810 Wilmington, NC 28402 Agent: Everett Pannkuk(910) 202-5555 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Brooks Surgan, Field Representative 910-796-7270 �J Z COMPLETE THIS SECTION ON DELIVERY D� ■ Complete items 1, 2, and 3. A. Signature i ------------- , ■ Print your name and address on the reverse XLID O Agent C0 vLLj L048Z ON U0j6U1 W llM of so that we can return the card to you. dressee L R ed by Name C. of slivery 1S Js1eM N L 04 r -..I ■Attach this card to the back of the mailpiece, or on the front if space �nred h ` alnlllsul leolugoa� H adeC o permits. 1. Article Addressed to: D. Is delivery address different frontfharn 1? ❑Yes 3IUyYY Ii t^ If YES. enter delivery address below: ❑No •'_17 o Cape Fear Technical Institute p•. c, >: "�117'Qr-• Mr•rvxasama° 0 401 N Water St ..awsoe ""°o p o Wilmington, NC 28401 nfi'llf t.�al�ls•vn+wa•,W ••• as ,-D 3. Service VaQT�nVro;y Mail Mail -. IIIIIIIII IIII IIIIIII IIIII IIII IIIIIIIIIII II III o duR SignatureRestrkYed Del oR�iet Aa IR�Metad ❑ Certified Mal® 2.n v , ' ti 9590 9402 3682 7335 2210 77 ❑ Cerlifed Mal Restricted Deliver umReceipt for AR • f , • n a,w.re N„mlvar f1ensfar from service Isbell D MerchandiseCollect on Delivery ❑Signature is � ❑ Collect on Delivery Restricted Delivery naunad Mail ,�g� ^'suedMaIRestrictedDeliv _ 7017 0530 0000 9565 7269 0 �L 11Mt�dDefivery aver $500) �(` Y• • ' ' - PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELOVEPY ■ Complete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse X -mil 13 Agent so that we can return the card to you. Addressee O BDIW I +BZ ON 1 I!M ---------------- lOtU -j C3 • Attach this card to the back of the mailpiece, or on the front if B• Rece vetl FiY (FMled Name) C. Date of Delivery N C\t�l 1�p�Q a &O s space permits. 18 Pt141 'tuts wB 'N OZL 5 -jj 1. Article Addressed to: D. Is delivery ad different from item 1? ❑ Yes 'SBUIPloH MO s C3 If YES, enter delivery address below: ❑ No aiozi Lo : Ln NRMH Holdings, LLC zt • is .,,�, 0 720 N. 3rdStreet, Third Floor m -MOT$ ; 'moo o Wilmington, NC 28401 •r•RQ r+•wu? J ' I111'f1i • e•oinrtYalAra•au❑ C3 • eeaaw+n•=,uWw❑ - �artw m•pp ae:Hu sn —n 3. Service Type �`j ❑ Priority Mail Ex press® ❑Adult Signature � IIIIIIII�IIII I'lllllllll I�IIIIIIII IIII III IIII ❑ Registered Mail*^' D �— 9590 9402 3682 7335 2210 84 ❑ Adult Signature Restricted Delivery ❑ a�aagyyyttaned Mal Restricted ❑ Cerfified Mail® �1 (� L�III Maned `{J I ❑ CerlTed Mail Restricted DjMjy ( Return Receipt for �`11H" Merchandise — Ir,+07 \rl I}lr rn�i,�I�TM v ru 2. Article Numrw flisr r 6rw„ �..d..e tatwr 9565 ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Signatu _.n tIon*^' 7 Insured Mail finnallon Aluo 11 7017 05311 0000 7276 ] Insured Mail ResMctecl Dal; c+y� M� Delivery PS Form 3811, July 2015 PSN 7530-02-000-OM (over$500) 1' W VVU w Domestic Return Receipt •• ■ 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: NRMH Holdings, LLC 720 N. 3rd Street, Third Floor Wilmington, NC 28401 II I IINII Iill Ill l 111 i l l ll II I I gllll I I II II I I III 9590 9402 3682 7335 2210 84 AdICIR r711rnivR Rmnebr Rn,n em.l.,.. IM,ya ] 0530 0000 9565 7276 Form 3811, July 2015 PSN 7530.02000-9053 ■ Complete Items 1, 2, and 3. ■ Prim 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. t. Amide Addressed to. Cape Fear Technical Institute 401 N Water St Wilmington, NC 28401 X ❑ Agent _ ❑ Addressee B. R00" Gy (Panted Name) Date W ery N •C��aha,� C. 9 SoDeliv D. Is delivery ddlfths different from Item 17 ❑ Yes 11 YES, ender delivery address below: ❑ No 3. Service Type ❑ Priority Mat Exprrs(D ❑ AdultS,g W'a ❑ Registered Mail" ❑ Adult Sgnatum ReMriptad D¢IMgry ❑ Registeed Meil ResUktad ❑ Certified Mails Detrray ❑ COrtlf,ed M40 Restricted Delivery ❑ Return Receipt far ❑ cdlert on Delivery Merchano. ❑ Collect on Delivery Restricted DeOvery 0 Sgnature Confirmatbr^ 7 in W led Mail ❑ signatum Confirmation ] Irnleed Melt Restrcted Delivery 1—kS. Restricted Dervery Domestic Return Receipt ©�'��/�i� . , D. Is delivery address different ftrrr fern 1? ❑ Ye: If YES, enter delivery address below: ❑ No IIIIINII IIII IIII III I IIII III I gIIII IIIIIIII NI 9590 9402 3682 7335 2210 77 J. a" i"tive ❑ Prlarlty,so ETraea® ❑ Adutt Signetve ❑ Regstered MdTM ❑ Adutt S M 10 Restricted DeMery C! Pnysimad Mai RestrMlrl o GArtff d Ma Aaat'i eo Daivery ❑ Butt,; neaeiptfor ❑ Collect on Delivery Me2handise ❑ collect on Delivery ReeUlcted Delivery ❑ SignaMa Confmmatior- nixed Mail o Signatum CorirmatWn nsumd Maii Roaincad Delivery Restricted Delivery o e f5O01 n n.x,.re N„mMr ?iensfer' Irom SeNICe label/ 7017 0530 0000 9565 7269 _ ,Ps Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Recelpt Xllc) dHW -WOG 91OZ L 9 VA ®3AI303a RECEIVED MAR 162`318 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: City of Wilmington Mailing Address: PO Box 1810 Phone Number: Wilmington, NC 28402 910-341-5889 Email Address: anthony.geathersewilmingtonnc.gov I certify that I have authorized E.B. Pannkuk, PE Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Conlon Pier Demolition and New Pier at my property located at 9 Convention Center Drive, Wilmington in New Hanover County. I furthermore certify that / am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Sterling Cheatham Prfnt or Type Name City Manager Title .? l 2 0 / 1018 Date This certification is valid through 07 / 31 ! 2019 _ 1..vEl I., AILMiNGTON, NC MAR 0 5 201E A110 ®HW -W00 SO L ti VIN a3AI3038 200g086669 FOR REGISTRRTION REGISTER OF DEEDS REBEOCR P. (J1ITH HEW HRNOVER COUNTY HC 2005 SEP 30 10:39;49 PM BK:4912 PG 26N_2612 FEE:S41.00 Ipffil 1200KHR9 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CONVENTION CENTER TRACT RETURN TO Prepared by: Murchison, Taylor & Gibson, PLLC 16 North Fifth Avenue Wilmington, NC 28401 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CONVENTION CENTER TRACT (this "Declaration'), dated as of September ;tj , 2005, is made by and between RIVER VENTURES, LLC, a North Carolina limited liability company (hereinafter referred to as "River Ventures'), and THE CITY OF WILMINGTON, NORTH CAROLINA, a North Carolina municipal corporation (the "City). WITNESSETH: WHEREAS, River Ventures owns a 7.48t acre tract at the comer of North Front Street and Brunswick Street as well as that certain strip of property containing approximately 1.15f acres and being labeled as "Tract 4R (Revision)" on that map entitled "River Ventures Convention Center Tracts" prepared by Michael Underwood and Associates, P.A., dated September, 2005, and recorded in Map Book 48, Page 257 in the Office of the Register of Deeds of New Hanover County, State of North Carolina, all of such real property being located in downtown Wilmington, North Carolina in close proximity to the bank of the Northeast Cape Fear River (collectively, the "River Ventures Property"); WHEREAS, the City owns that certain tract or parcel of land containing 9.22t acres and located in downtown Wilmington, New Hanover County, North Carolina, as more particularly, described on Exhlbit attached hereto and incorporated herein by reference (collectively, the "Convention Center Tract"); O E RECEIVED ,V"\�otio�e Q�M 58249.5 MAR 2 7 2018 DCM- MHD CITY WHEREAS, this Declaration is being executed and recorded by River Ventures and the City in order to facilitate the development of the Convention Center Tract as a convention center/mixed-use commercial center and hotel in a manner that is consistent with and complementary to neighboring properties owned by River Ventures and to fix and establish certain covenants, conditions and restrictions upon and subject to which the Convention Center Tract shall be improved, held, leased, sold and/or conveyed. NOW, THEREFORE, in consideration of River Ventures' conveyance of the Convention Center Tract to the City, and for other good and valuable consideration, the receipt of which is hereby acknowledged, River Ventures and the City hereby declare that the Convention Center Tract is and shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions and restrictions, which shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in and to the Convention Center Tract or any part or parts thereof, and their heirs, personal representatives, successors and assigns, and shall inure to the benefit of River Ventures and its successors and assigns. ARTICLE 1— ARCHITECTURAL CONTROL 1.01 Copy of Plans. Prior to the commencement of construction or installation of any building, structure or other improvement (including, without limitation, any signs, poles or towers, paved areas or fences) on the Convention Center Tract, the City shall provide River Ventures with a copy of plans showing (i) the building footprint and/or location of such buiiding(s), structure(s) and other improvements, (ii) exterior elevations, (iii) exterior finish materials, (iv) parking and access plans (if applicable) and (v) signage and landscaping plans (collectively the "Plans'). All submitted Plans shall be consistent with the establishment of a Class "A" convention center/mixed-use development on the Convention Center Tract, shall be consistent with the Architectural Guidelines (as defined herein) and shall be in full compliance with all applicable federal, state and local laws and ordinances (including, without limitation, all applicable zoning and land use regulations) and the terms and conditions of this Declaration. Unless otherwise directed by River Ventures, any Plans shall be delivered to River Ventures at the following address: 3151 South 17`h Street, Wilmington, NC 28412, Attn: Vice President of Strategic Development. 1.02 Architectural Guidelines. All buildings, structures and improvements erected on the Convention Center Tract shall be constructed and/or installed using exterior materials and construction techniques in accordance with the architectural guidelines attached hereto as Exhibit B and incorporated herein by reference (the "Architectural Guidelines'). In addition to the specifications provided on Exhibit B the Architectural Guidelines shall be deemed to require that every building and improvement on the Convention Center Tract shall be built to specifications which (i) provide adequate fire protection systems, (ii) provide for underground utilities (public and private) and (iii) do not include exterior fire escapes (except as required by law). The use of any materials or techniques which are inconsistent with or prohibited by the Architectural Guidelines shall not be permitted without River Ventures' prior written approval. 1.03 Screenine and Buffering Reouirements. N t mg herein t contrary, none of the following improvements or structu= �on thee on MAR 27 2018 MP(�`L�0�\" NG 58249.5 Z DN DCM- MHD CITY Center Site unless such improvements or structures are either (a) located so as not to be readily visible from River Ventures Property (or any improvements thereon) or (b) screened with landscaping, fencing or architectural features which have been approved in advance by River Ventures: (i) satellite dishes, reception towers or antennae; (ii) loading docks and rear entrances; (iii) trash disposals, compactors or dumpster sites; and (iv) storage tanks or other outdoor storage facilities. Any action described in this Section 1.03 (including, without limitation, the construction or installation of any improvement or structure) which is taken without the required consent or approval of River Ventures shall, at the election of River Ventures, be voidable. 1.04 Landscaping Requirements. (a) The Convention Center Tract shall be landscaped in accordance with applicable City of Wilmington and County of New Hanover laws, ordinances and regulations, and the landscaping plan for all portions of the Convention Center Tract adjacent to River Ventures Property and/or Nutt Street shall be consistent with and complementary to the landscaping installed by River Ventures on the River Ventures Property from time to time. The City agrees to work in good faith with River Ventures to coordinate such landscaping. (b) The landscaping installed on the Convention Center Tract shall be maintained by the City in a neat and adequate manner, which shall include the mowing of lawns, trimming of hedges, and removal of weeds from planted areas and public and private right-of-way adjacent thereto. The City and all tenants and licensees on the Convention Center Tract shall remove any rubbish or trash of any character which may accumulate on the Convention Center Tract. In the event any party does not comply with the provisions of this Section 1.04(b) within ten (10) days after written notice by River Ventures, River Ventures and/or it representatives and employees shall have the right to enter the Convention Center Tract and perform the work specified in such notice, whereupon the City shall pay the reasonable cost thereof within ten (10) days following demand. 1.05 Approvals Regarding Parking and Stormwater Improvements. The City shall not be entitled to construct any parking lots, parking decks, stormwater ponds or related facilities on the Convention Center Site unless such improvements or structures are (i) constructed in a manner consistent with the Architectural Guidelines and (ii) landscaped and accented with plant materials, fencing or architectural features which have been approved in advance by River Ventures (which approval shall not be unreasonably withheld, conditioned or delayed). 1.06 Liability. River Ventures and its employees and agents shall have no liability in damages to anyone submitting Plans for approval or to anyone affected by this Declaration in connection with the exercise of the right or duties under this Article or by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disappro e Plans. In regard to any Plans approved by River Ventures, River Venturenot be responsible or liable in any way for (i) any defects in any Plans, (ii) any structural defect i%0 RECEIVED 4p'% 'NGJON� ' sazaes 3 p MAR 2 7 2018 GM ..__.-DCM.MHD CITY work done according to or in violation of such Plans, (iii) the failure to comply with any such Plans, or (iv) the failure of the Plans to comply with any law, rule, regulation or code. 1.07 No Deviation After Approval. After approval of Plans by River Ventures, no deviations or changes in exterior quality or appearance of the improvements thereby contemplated shall be made, without prior written approval of River Ventures. ARTICLE 2 — PERMITTED AND PROHIBITED USES 2.01 General Restrictions, The Convention Center Tract shall be used only for the development and operation of a civic convention/conference center and mixed -use commercial project (with hotel) as permitted under this Declaration and the zoning ordinances of the City of Wilmington and/or County of New Hanover in force and effect on the date of this Declaration (as the same may hereafter from time to time be amended). No use will be made of any portion of the Convention Center Tract or any building or structure thereon at any time, nor shall any materials or products be manufactured, processed or stored thereon or therein, which shall cause an undue fire or health hazard to adjoining properties, detract or hinder the visibility of adjoining properties, or constitute a nuisance or cause the emission of noxious odors or gases or smoke, or cause noises or other conditions which constitute a violation of any law of the United States, the State of North Carolina, County of New Hanover and/or City of Wilmington, or any other applicable law, ordinance rule or regulation. 2.02 Restrictions on Use. Notwithstanding anything herein to the contrary, no operation or use shall be permitted or maintained on the Convention Center Tract which causes or produces any of the following effects discernible outside the improvements thereon or affecting any adjacent property: (a) Noise, sound or vibration that is objectionable because of its volume, duration, intermittent beat, frequency or shrillness; (b) Smoke; (c) Noxious, toxic or corrosive fumes or gases; (d) Obnoxious odors; or (e) Dust, dirt or fly ash. No operation or use shall be permitted or maintained on the Convention Center Tract which, directly or indirectly, in whole or in part, involves any of the following: farming or agricultural uses, kennels, sanitary services, mini -warehouses, bars (except that bars maintained as part of a restaurant use shall be permitted as long as the sale of alcoholic beverages does not represent more than fifty percent (50%) of the revenue from such restaurant), cabarets, discos; funeral homes, stables or recycling facilities. Additionally, no party shall use the Convention Center Tract or permit the Convention Center Tract to be used (i) for the sale or di �O pornography, nudity, graphic violence, drug paraphernalia, or any goods and/or servi{itifia( are RECEIVED MPR2otio�� sazass 4 MAR 2 7 2018 pGMW"M`NG�CN,NC DCM- MHD CITY inconsistent with the image of a high quality, first-class convention center/mixed-use development, (ii) as a massage parlor (other than a reputable day -spa operation) or adult bookstore, (iii) for any amusement park or any use which offers video, pinball or other gaming machines as its primary business, or (iv) to keep live animals of any kind (except as permitted by applicable zoning regulations). Notwithstanding the foregoing to the contrary, the terms of this Section 2.02 shall not be construed to prevent the serving of alcohol on the Convention Center Tract in connection with the normal and customary operation of a convention center (to the extent permitted by law). 2.03 Excavation. The only excavations allowed on the Convention Center Tract shall be those made in connection with construction of an improvement, and then only when proper protection is afforded to adjacent property. Upon completion of such excavations, all exposed openings shall be backfilled and distributed grounds shall be graded, stabilized and restored as close to its original condition as is practicable. ARTICLE 3 — ENFORCEMENT AND DURATION 3.01 Covenants Running With Land. The conditions, covenants, restrictions and reservations herein contained shall run with title to the Convention Center Tract, and be binding upon and inure to the benefit of River Ventures and the City and their respective successors and assigns. 3.02 Enforcement This Declaration may be enforced as herein provided by River Ventures or the City (as applicable) or their respective successor: and assigns. Subject to applicable law, violation of any condition, covenant, restriction or reservation herein contained shall give River Ventures the right to bring proceedings at law or in equity against the party or parties violating or attempting to violate any of the restrictions of this Declaration, to enjoin them from so doing, to cause such violation to be remedied, or to recover damages resulting from any such violation. Every act, omission to act, or condition which violates this Declaration shall constitute a nuisance and every remedy available at law or in equity for the abatement of public or private nuisances shall be available to River Ventures. In any legal or equitable proceeding to enforce the provisions hereof or to enjoin their violation, the party or parties against whom judgment is entered shall pay the reasonable attorneys' fees of the party or parties for whom judgment is entered in such amount as may be fixed by court in such proceeding. Such remedies shall be cumulative and not exclusive. The remedies provided by this Section are cumulative, and are in addition to any other remedies provided by law. 3.03 Priority All restrictions contained in this Declaration and other provisions herein contained shall be deemed prior and superior to all mortgages now or hereafter executed upon the Convention Center Tract and to all leases covering part or all of the Convention Center Tract; provided, however, the violation of this Declaration shall not defeat nor render invalid the lien of any mortgage made in good faith and for value, nor the leasehold estate of any tenant except to the extent otherwise expressly provided in its lease. If any portion of the Convention Center Tract is sold under foreclosure of any mortgage, any purchaser at such sale, and his, her or its heirs, successors and assigns, shall hold any and all of such properties purchased subject to OltPf ASr RECEIVED 59249.5 5 MAR 2 7 2018 QCM-.MHD CITY the restrictions of this Declaration and other provisions hereof as fully as if such purchaser were an original party to this Declaration. 3.04 No Waiver. The failure of River Ventures to take action to enforce the provisions hereof or to enjoin their violation shall in no event be deemed a waiver of its right subsequently to do so, nor shall it be deemed a waiver of any subsequent default or of the continuation of any existing default nor shall such failure give rise to any claim or course of action against River Ventures. 3.05 Duration. This Declaration shall run with and bind the land and shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns and parties for a period of forty (40) years, at which time this Declaration shall be automatically extended for successive periods of ten (10) years unless River Ventures and the City agree in writing to terminate this Declaration at the end of its then -current term. No termination of this Declaration shall be effective without the prior written approval of River Ventures. ARTICLE 4 — MISCELLANEOUS 4.01 Notices. All notices and other communications required or permitted hereby shall be iri writing and shall be deemed to have been duly and sufficiently given if (i) personally delivered with proof of delivery thereof (any notice or communication so delivered being deemed to have been received at the time so delivered), (ii) sent by reputable overnight courier designating next day delivery (any notice or communication so delivered being deemed to have been received on the business day following receipt by the courier), or (iii) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice or communication so sent being deemed to have been received three (3) days after mailing in the United States), addressed to the respective parties at the addresses shown below: If to River Ventures: 3151 South 17 Street Wilmington, NC 28412 Attn: General Counsel With a copy to: Peter A. Bynum, Esquire Murchison, Taylor & Gibson, PLLC 16 North Fifth Avenue Wilmington, North Carolina 28401 If to Cit : P.O. Box 1810 Wilmington, NC 28402 Attention: City Manager Any party may, by notice given as aforesaid, change the person or persons and/o�r�addres 41 , addresses, or designate an additional person or persons or an additional address or adV'#1e` ,\%r G 6 58249.5 RECEIVED MAR 27 20 8 _ DCM- MHD CITY its notices; provided, however, that notices of change of address or addresses shall only be effective upon receipt. 4.02 Severabilitv. If any provision of this Declaration is held to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof, and for the purposes hereof all covenants as contained herein shall be deemed to be severable each from the other without qualification. 4.03 Governine Law. This Declaration and the separate provisions thereof shall be construed and enforced in accordance with the laws of the State of North Carolina without regard to principles of conflict of laws. [SIGNATURES BEGIN ON FOLLOWING PAGE] RECEIVED rn� I� '7MAR 2�7 2018 DI 58249.3 7 "' - MHO O cirY ,\Nf, otio�% Mp� M\N'%OXA NG 0GO IN WITNESS WHEREOF, this Declaration has been duly executed by the parties hereto as of the date and year first above written. RIVER VENTURES: RIVER VENTURES, LLC, a North limited liability company By:,-' Y Name: Fred B. Davenport, Jr. Title: Vice President STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, ,2) 11. U + r c y , a Notary Public of the State and County aforesaid, certify that Fred B. Davenport, Jr. personally came before me this day and acknowledged that he is Vice President of RIVER VENTURES, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was signed in its name by its Vice President. my hand and official seal, this day of September, 2005. xpires: ]SIGNATURES CONTINUE ON FOLLOWING PAGE] RECEIVED 58249,5 MAR 2 7 2018 8 CCM- MHD CITY RE ,.,o MPR ti � �o�a OCMwt�NdNG�ON Nc t CITY: THE CITY OF WILMINGTON, NORTH CAROLINA jr By: ; Q' Spence H. Broadhurst, Mayor ATTEST: 1 City Clerk J APPROVED AS TO FORM: City Attorney STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, the undersigned Notary Public, do hereby certify that Penelope Spicer-Sidbury personally appeared before me, and who being duly sworn, says that she knows the common seal of the City of Wilmington and is acquainted with Spence Broadhurst, Mayor, of the City of Wilmington, and that Penelope Spicer-Sidbury is Clerk of the City of Wilmington and saw the said Spence Broadhurst, Mayor, of the City of Wilmington, sign the foregoing instrument, and saw the common seal of said City of Wilmington affixed to said instrument by said Mayor that she, the said Penelope Spicer-Sidbury, Clerk as aforesaid, signed her name in attestation of the due execution of said instrument in the presence of said Mayor of the City of Wilmington. WITNESS my hand and official seal, this day of L 2 5. My Commission Expires: I 58249.5 [10 FDITANE 8EAL N/� ereir FENDER rAYTON RECEIVED MAR 2 7 2018 SEC 'o-0 MAR2 Lot p�MY`111.M1NG��N, NC DCM- fMHD CITY EXHIBIT A Convention Center Tract BEING that certain tract or parcel of land containing 9.22f acres and being designated as "Tract 3R (Revision)' on that map entitled "River Ventures Convention Center Tracts" prepared by Michael Underwood and Associates, P.A., dated September, 2005, and recorded in Map Book 48, Page 257 in the Office of the Register of Deeds of New Hanover County, State of North Carolina, reference to said plat being made for a more particular description. RECEIVED 58249.5 A-1 MAR 2 7 2018 REV p�MW��.M�NG�Ot,,Nc DCM- MHD CITY Architectural Guidelines MATERIALS Yes No Brick Vin 1 Glass Concrete Steel Wood Painted Metals Fiber Cement Board Cut Stone River Rock Pre -Cast Concrete Aluminum STREETSCAPES/SITE PLANS Yes No Gridded street pattern Curvilinear suburban streets Minimal setback Deep setbacks without urban plazas rovided Hardy canopy trees and ornamental trees Small -caliper trees Hardscaping / pavers — Grassy suburban -like yards along Water / Nutt Street Street furniture and trees / pedestrian amenities Lack of pedestrian accommodations Crime -reducing landscaping / architecture Opaque walls / hedges Screened utilities, dumpsters, compactors, service areas Exposed "back -of -house" utility items Provisions for underground utilities All above -ground utilities Fire escapes screened visible fire escapes on exterior Brick or paver crosswalks —1!4hly Bright yellow lines for pavement markings Wayfmding signs coordinated for continuity Large / prominent ad hoc signage Perpendicular street connections to the river High continuous wall of buildings along river Retention of river vistas from perpendicular streets River vistas completely obscured from Nutt/Water St. Innovative storm water mgt. / ponds as amenities Utilitarian -looking stormwater ponds Parallel on -street parking Expansive surface parking lots Complimentary / artistic lighting Inappropriately historic or industrial lighting Public space enhanced with artwork / other amenities Uninteresting public space with no focal voint 58249.5 RECEIVED B-I MAR 2 7 2018 DCM- MHD CITY vaGENEV MAR 2 � 2p1p MY'IU.MIN�'tGN, NC BUILDINGS Yes No All streets addressed by fa ade Blank facades Lively lower -level / windows Windowless facades Defined proportional entries _ Sense of entrance / low entrances Varied building heights All buildings the same height Pedestrian -friendly facades Dark, uninteresting, monotonous storefronts Parking decks with friendly facades Large, vacant openings in parking deck facades Parking screened or internal Large, unadorned, utilitarian parking decks Contemporary architecture Faux historic styles Architecture that alludes to history Historic facsimiles Green building design/model Insensitivity to environment 58249.5 RECEIVED B-2 MAR 2 7 2018 DCM- MHD CITY V O %Ql 0GMW��,OOGIGN��� REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 1AMMMffYI�R1�'}f1tMlNf�tMYR filfNfryNliMf�{MtkifMRHMf Filed For Registration: Book: Document No.: Recorder: 09130/2005 10:39:49 AM RE 4912 Page: 2600-2612 2005056669 DECL 13 PGS $47.00 NANCY A SCOTT State of North Carolina, County of New Hanover The foregoing certificate of DONNA R CRAWFORD , DIANE E DAYTON Notaries are certified to be correct. This 30TH of September 2005 RFRFCCA P RYITN RFr.1STFR nF nFFnR YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2005 05 (((9* aeeerveo 2005056669 MAR 2 7 2018 DCM- MHD CITY ,,tsr � NdU M1t�Gi0N, t►G 000 n� w�xxs n rr c amn,m !'TE � .: M7: ZV ma�uu® °.fir as S.dl_1_?PD.i y'.la r' i LOsb,lblSb Q co z N bn_ KK �,micwai.°mn'109e��nr�.`rz�ri'u%Mw W C 1 p•a V�_� GS .'T°��um D � �� Ntl T .,u w.u,aw2a YN nwrt Ka w.0 aT. W i i, m K U 0 z Mm i� 12S-CI..v y m ei OiY YNmII. IAImIPId, ur I mwa.w. xwuxm ., � '� oe �a K$�N mm w„a°""m e CITY OF WIIMINGTON SUBDINSON AND DEDICATION PLAT ns..wT STw2T CONWNTIDN CENTER PARCEL R� mMN r a _� R1Il�Td. NTM C A i l OlY R AYYTPI 1AMq.W AMM _ _ K'. nMp`91 MM MM CNtlM. �oP Be°i 62 P°qc 562 Mro J /CPNr 54/ 72 1111111111111 FOR REGISTRATION REGISTER OF DEEDS NEMRHANOVERACO.TYH NC 2008 RPR 25 0918:31 PM BKV PG:352.353 FEE:S21.00 MAP INDEX ISIMI 11008 IN9 Name of Map Owner's Name Type of Map: ✓ Subdivision Condo Highway Book � Page(s) JL_ Number of Pages z Recorded By: (RECEIVED MAR 2 7 2018 DCM- Mill) CITY MW��.N`�NGt�N'N P G� F��PIP eiislit'D REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 rrrrrrrrrrrrr«rrrrrrrrerrrrrrrr++rrrrrrrrrrrrrrrrrr�rrrrrrrrrwrrrrrrrrr.rrrrrr.rrtrrrr:�r,.rrrr+rrrrrrrerrrerrrrrrrrrrrr Filed For Registration: Book: Document No. Recorder: 04/25/2008 09:28:31 AM PLAT 52 Page: 352-353 2008017889 PLAT 2 PGS $21.00 CRESWELL,ANDREA State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2008017889* RECEIVED 105"SV) MPg2o 2008017889 MAR 2 7 2018 GMW`�M`NG.NON NO DCM MHD CITYQ Surgan, Brooks R From: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil> Sent: Monday, February 12, 2018 8:19 AM To: Surgan, Brooks R Subject: [External] RE: Conlon Pier Replacement - Harbor Line Inquiry (UNCLASSIFIED) CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spa m.<mailto:report.spam@nc.gov> CLASSIFICATION: UNCLASSIFIED As long as they do not go out any further than they currently are we would not have an issue with the proposed re- construction. Thanks. justin -----Original Message ----- From: Surgan, Brooks R [mailto:brooks.surgan@ncdenr.gov] Sent: Friday, February 9, 2018 4:14 PM To: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil> Subject: [Non-DoD Source] Conlon Pier Replacement - Harbor Line Inquiry Justin, The City of Wilmington would like to replace Conlon Pier (large "T"-head pier downtown in front of the Convention Center). The replacement would involve removing the two existing cofferdams and replacing them with a new timber framed pier (see attached). The applicant states that the pier will be within the same footprint as the cofferdams. The issue here is that the existing cofferdams are partially within the Harbor Line and the proposed replacement pier will be within the footprint but will also encroach in to the Harbor Line. Will the project as proposed be an issue? Brooks R Surgan Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7270 office Brooks.surgan@ncdenr.gov <mailto:Brooks.surgan@ncdenr.gov> RECEIVED MAR 2 7 2018 DCM- MHD CITY 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. CLASSIFICATION: UNCLASSIFIED RECEIVED MAR 2 7 2018 DCM- N1HD CITY Surgan, Brooks R From: Everett Pannkuk <eb@andrewengineers.com> Sent: Friday, March 16, 2018 2:11 PM To: Surgan, Brooks R Cc: David Turner Subject: [External] Conlon Pier Permit Application Attachments: 17042 - MP-1 Revised.pdf, 17042 - Notification Cards.pdf, 17042 - Deed.pdf, 17042 - Platform Section.pdf Brooks, Here is the revised information requested in your March 91 letter. Please let me know if you need any additional information or if you would like original copies of any of these items. Thank you, EB E.B. Pannkuk, P.E., SECB LEED Accredited Professional Andrew Consulting Engineers, P.C. 3811 Peachtree Avenue, Suite 300 Wilmington, NC 28403 910.202.5555 / 910.202.5558 fax www.Andrewenizineers.com ebC@andrewengi neers.com 0 ANDREW CONSULTING ENGINEERS a "no sumo canrnnv W Bwac by Beak RECEIVE® MAR 2 7 2018 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY March 9, 2018 ►11FY�`-1ii� r!� �u � li Everett B. Pannkuk, P.E., SECB c/o Andrew Consulting Engineers, P.C. 3811 Peachtree Ave. Wilmington, North Carolina 28403 RE: CAMA Major Development Permit Application Conlon Pier Replacement, Wilmington, in New Hanover County Dear Mr. Pannkuk: ROY COOPER Gommor MICHAEL REGAN See/'elnry BRAXTON DAVIS Dwdw The Division of Coastal Management hereby acknowledges receipt of your application on March 6, 2018, acting as agent for the City of Wilmington, for the replacement of Conlon Pier located within the Division of Coastal Management Coastal Hazard Area of Environmental Concern, in the city of Wilmington, New Hanover County. However, your application lacks the information necessary to complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this E-mail with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three days, your application will not be accepted as complete for processing. Additional information may be required pending f ether review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796.7270. Sincerely, Brooks Surgan Field Representative Enclosures cc: ✓Debbie Wilson, DCM Wilmington Doug Huggett, DCM Morehead City Heather Coats, DCM Wilmington RECEIVED MAR 2 7 2018 State of North Carolina I Emroomental Qaahty I Coastal Management DCM- M H D CITY 127 Cardinal Drive EAL Wdminglon NC 29405 910 796 7215 T CHECKLIST OF ADDITIONAL REQUIRED INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION PROJECT NARRATIVE • Please describe in more detail the removal and rebuilding methodology of the pier including machinery. (May be added as a supplement to question MP-1(5)(c)) DEED • Please provide the deed to the property. • Please include signed green cards or notifications. • Please provide a cross section drawing(s) with dimensions of the proposed new pier including height above Mean High Water. • Please include dimensions of the new timber pier and platforms on plan SS101 RECEIVED MAP 2 7 2018 DCM•- MHD CITY State of North Carolina I Eovuomnental Quality I Coastal Management 127 Cardinal Drive Ext. Wilmington NC 29405 910 796 7215 T ®ANDREW CONSULTING ENGINEERS, P.C. BUILDING STRONG COMMUNITIES BLOCK BY BLOCK Brooks Surgan Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, N.C. 28405-3845 Re: Major Permit Application, Conlon Pier, 9 Convention Center Dr., New Hanover County Dear Brooks, On behalf of the City of Wilmington, I am requesting a CAMA Major Permit for demolition and new pier construction at Conlon Pier. The scope is to demolish 2 existing cellular cofferdams 22'-4" diameter to 1' below the mudline and replace with new timber framed pier occupying the same footprint as the existing cofferdam. The new piers will be supported by a total of 14 steel H piles. Landowner notification was sent on February 16th and we have not received return receipts at the time of this letter. Please contact me if there are any questions regarding this permit request. Thank you for your assistance. Sincerely, ANDREW CONSULTING ENGINEERS, P.C. Firm PE License #C-2461 Everett B. Pannkuk, P.E., SECB Attachments: Agent Authorization Form Conlon Pier Demolition and New Pier Drawings MP-1 MP-4 Certified Mail Receipts RECEIVED MAY 2 7 2018 DCKi'm MHD CITY ECEIVE FEB �2/t1 2018 BY -bc4v� 3811 Peachtree Avenue :: Suite 300 :: Wilmington, NC 28403 :: Phone: 910.202.5555 :: Fax: 910.202.5558 :: web: andrewengineers.com MAJOR APPLICATION TRACKING SHEET APPLICANT: City of Wilmington PROJECT: Colon Pier Demo & Replacement LOCATION: 9 Convention Center Dr., adjacent to the CF River, in Wilmington FIELD REP: Brooks Surgan COUNTY: New Hanover AGENT/CONTRACTOR: Everett Pannkuk (910) 202-5555 Initial Date Received in Office: 2-21-18 10 DAY DEADLINE: Assigned to Field Rep: 2-21-18 To sks: 3-6-18 To DW: 3=6--18 Comments: Check if complete, or record date received: Application Narrative Agent Auth. DEED Return Receipts Check No. and Amount Green Cards 2-21-18 2-21-18 2-21-18 Q 3�Ic�'l8 2-21-18 $400#531 3-6-18 3I(Lf ($ Date: RETURNED TO APPLICANT, INCOMPLETE SUBMITTAL: Date: RECEIVED RE -SUBMITTED APPLICATION: Date: SENT ADD -INFO LETTER: 3I9 I (t NOTES: MAR 2'1 2018 pCM- MHp CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Cape Fear River Fee: $40�P31 CDAITS _ MHC cc Applicant: City of Wilmington CEIVED Agent/Contractor: Andrew Consulting Engineers, PC c/b Everett PannkuA, WIV IAR Project Site County: New Hanover 2 7 2018 Staff: Brooks Surgan District: Wilmington Project Name: Colon Pier Demo & Replacement Nor Rover File: n/a R Initial date of application submittal: 2-21-18 Date application "received as complete" in the Field office: Permit Authorization: CAMA Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes No I PNA: Yes No Photos Taken: Yes ❑ No Setback Required (riparian): PYes ❑No Critical Habitat: []Yes LjNo LJNot Sure 15 foot waiver obtained: []Yes Wo Hazard Notification Rat med: ❑Yes ❑No NJ1K SAV: []Yes No ❑Not Sure Shell Bottom: []Yes No ❑ Not Temporary Impacts: ❑Yes No Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use classifica i n come from LUP: []YesNo Mitigab Required (optional): []Yes �No county CAW Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ONo ❑NA ❑Yes )JNo ❑NA (935 FT Shellfish Area ignation: Project Description: (code) Development Area: (code) Open -or Closed L 20 i VA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina El (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (rypha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 LJ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major LJ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - 1Z II. Public or commercial/no dredge $100 nd/or fill - $400 ❑ I. Private no dredge and/or fill - $250 El III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 City of Wilmington Date 2-21-18 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 ew o pi 6 in ❑ New Work Replace 1 y� Maint ❑ Q,* ❑ N O New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) ternimpacts) amount ge Fill th er /- II DIN Dredge ❑ Fill ❑ Both ❑ Other 2 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.necoastaimanaaement.net revised: 02/26/18 (Trt�/ Major Permit Fee Schedule Project Name: County. Check No & Amountlk - Lam., t o ?se..c- N;_/ 1111,0 3 / 0 '�/ 4y-b DCM % DWQ % Development Type Fee (14300160143510009316256253) (243001602435100095234i) I. Private, non-cormercial development that does not involve the filling or excavation of any wetlands or open water areas $250 100% ($250) 0% (SO) II. Public or commercial development that does involve filling, not the or excavation of any wetlands or open water areas: L$400\) 100% ($400) 0°/0 ($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). 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 development, if General Water Quality Certification No. 144 (See attached) can be applied. $400 100% ($400) 0% ($0) 111(C). If General Water Qualify Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160 ) III(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas. $475 60% ($285) 40% ($190) RECEIVED MAR 2 7 2018 DCM WILMINGTON, NC mHD CITY MAR 03 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 3/6/2018 Andrews Consulting City of Wilmington Suntrust 9541 $400.00 major fee, 9 Convention SS rct. 5100 Engineers, P.C. Center Drive, Wilmington NHC NO split r w N T LU Cl 9 11s 0 0 DO GENERAL SHEET NOTES 1. EYeIWGCCfFERON/Ca1VmPML3 TOES RBIG/EDNO PFAIBfNTIDON IEW RE0. �,; S \\\\V\(\I E 2 [ 5 n3sl O O 'o V ° ° ean'LAR R/VER � Q = ..z, % --35 WNRC RONI,E RlNBNI b. IXW/!L I �`: Iib11O COtlE1MM11F8� _ WSTALLTM6ER PEDESIREW b Elbb,A] E D11A211 E,EV. usrbwb INSTALL TIMBER PEDESTRLW (..jam •.•.:.:. [��• _ PIER %ER F TING PIER oa W I � w o - p O_ e _ k 0 O W 0 U aZZ W O a3� LLO z p w ° -- sx wx CONTFI II IN NNL IN BRICK WiLL1 fOi B µ.A bW EI vuwVNw.euc GHa NDCOORlNlulEs N 1.1111 Ei31bu.-T EIEV.615 xPwb E Z e Ir---------------------------------- I I I I I I I I � � E I I II I I II FpRq,E,Iµry UMBER, NUMBER, tRpEwIBEWTpt DENGNED BY TWOZTOR BRICK BUILDING (JkTE0.WLM CRECRE, BY E CHAMBER OF COMMERCE) I wTE oawlE I I N MH n SHEEETIRE. NEW PIER I I TRIE IVED I I „�,,,, � PLAN NEW PIER PLAN 0 2018 A3 ,..md I _ I ----� DGM WILMINGT Ot 101 OV Z,; fw W oZ zw i z inz zo Q U �w 0 3z �a ❑f U z Z o J r W � K n O pZ w w z� a3 w7 >o �x w3 z 12'w xo 0> mo � W N I w -1100Q• OVERALL PLAN 1 = 20--0" SECTION 1/4" = V-0" CAPE FEAR RIVER EBB FLOOD 0 CONTROL POINT 10 PK NAIL IN BRICK WALL GROUND COORDINATES N 180661.63 E 2316437.17 ELEV. 8.46 NAVD 88 Li GUARDRAIL BOLLARD T W n DECKING a m o ao Z m m in GIRDER W Y Ln W Z g N N O ItSTRINGER M PILE (BEYOND) LL ° wgTm a)U [Jj� U L Q N LL- C Z J QU m vULnLn 3� TOP OF DECK n cLn m ,o E +8,30' NAVD88 a c N < a 00 3 z MHW _ +1.83 NAVD88 _ NAVD88 •'���.� ELEV. Q ., B TIMBER 0 6 16 32- 0 Z Z LU O 0- r�n Z LL 7V p O Z } cU U PROJECT NUMBER: 17042 DATE: 03/15/18 PLAN AND �E0'e SECTION MPR�01( MEN