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88-18 TP1 LLC
Permit Number 88-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 to_ TP1 LLC., 265 Racine Dr., Wilmington NC 28403 izing development in New Hanover County at adj. to AIW W and Myrtle Grove. at 214 d., in Wilmington , as requested in the permittee's application dated 2/13/18 (MI'-1,3) and 8/6/18 att. workplan drawings (7), Sheets 1-5 of 7 dated "Revised 6/20/18" and Sheets 6,7 of 7 dated "Revised 2/26/18". mit, issued on August 15, 2018 , is subject to compliance with the application (where nt with the permit), all applicable regulations, special conditions and notes set forth below. Any violation terms may be subject to fines, imprisonment or civil action;'or may cause the permit to be null and void. Docking Facility Reconfiguration at 214 Williams Rd. This permit authorizes only the piers, gazebo and boat lift, and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or, stationary, shall become a permanent part of this docking facility reconfiguration without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. No part of the docking facility shall exceed the established pier head line. Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. (See attached sheets for Additional Conditions) action may be appealed by the permittee or other ms within twenty (20) days of the issuing date. xmit must be accessible on -site to Department when the project is inspected for compliance. work or project modification not covered further Division approval. cease when the permit expires on December 31, 2021 this permit, the State of North Carolina agrees that t is consistent, with the North Carolina Coastal t Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton avis, Director sion of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit No. 88-18 .Page 2 of 3 ADDITIONAL CONDITIONS The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. This permit authorizes a maximum of 1 formalized boat slip. In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, physical stops shall be placed on the boat lift at a minimum height of 12" above the bottom substrate, as detailed in the attached narrative and workplan drawing (Sheet 7-of 7), to prevent the boat lift from disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility. The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. The roof of the gazebo shall not be designed for second story use. 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. Should the Lot to the east be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. This permit does not authorize any dredging in association with the authorized docking facility. The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. 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. Upland Development Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the homesite, driveway, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Permit No. 88-18 Page 3 of 3 ADDITIONAL CONDITIONS Stormwater Management The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8 180512, which was issued on 7/18/18. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. General This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. 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 or she abandons the permitted activity without having it transferred to a third party. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. This permit does not eliminate the need to obtain any "additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2017-01859). The N.C. Division of Water Resources authorized the proposed project by General Water Quality Certification 4144 and assigned the project DWR Project No. 2018-0305. Future development of the permittee's property may requirea 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. An application processing fee of $400 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT i P1- Applicant: Application Processing Notes Type: (Check all that apply) New Major Mod Permit# Permit Coordinator: Field Representative: Minor Mod Renewal Transfer Date Time Message `(120 Fpw� tf� �%r;dt D�r4 wP�lY�tu.a�-fs o,,fJ;.,eci Aeea 4--> ?en-.,i- 01b Slips or plcct on (�4�p HnY 1 C('sewss 0�-kOAs.�-- S�g�rB Ft�b n1"cit� ��� j' //� 11 5 �.sJJ �lo wQ� D�tF York : NJ• O�fujr4Tj�NC ( r N , 3 M ! / I�SJI c.G �r nev.iw. fl'+r c4c..�s w,�( l�a�c iv ►e.�r'7 t �"xj ��3 awq+e.. 04 he FisdA rues C"' 'N;„r�S� +ec�ucs� or �.t,r o )« IoA el i-o ue4c,teS ail Fpq;!el b 4rA ` 6� 2(4. auU 6c .491ilt49 k 216 h c. emla( ����ty 2i►� k 7 I 2lb ob5 w( 12(2018 (�n(,LIKS f2^i�3lC..G+�ortl • D%�LLT?�n+b1�`I7G9R��lS _/,vtaT/= LSSN1LC�'_��'e.... l r1o�G� W! Lq.y+�{Ytp'an W� G�t��1lC �C ../1o77K� OS rlac�G "V ve G Wen (c f, 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) TP1 LLC 214 Williams Road Applicant 1: First Name MI Last Name Michael Hackeling Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 265 Racine Drive Wilmington NC ZIP Country Phone No. FAX No. 28403 USA 910-228-2154 NA Sheet Address (if different from above) City State ZIP NA Email michaelh@ideal-living.com 2. Agent/Contractor Information Business Name Land Management Group, Inc. Agent/ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2: First Name MI Last Name Steve Morrison Mailing Address PO Box city State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP _ Phone No.1 Phone No. 2 28403 910-452-0001 ext. NA NA ext. NA FAX No. Contractor # NA NA Street Address (if different from above) City State ZIP NA Email gfinch@lmgroup.net; smorrison@lmgroup.net Application for Major Development Permit — February 2018 214 Williams Road New Hanover County, North Carolina RECEIVED MAR 0 2 2018 DCM WILMINGTON, NC 1 `7,1- MHD CITY FHB 1 12018 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 214 Williams Road NA Subdivision Name city State Zip NA NA NC 28409 Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which INC river basin is the project located? b. Name of body of water nearest to proposed project White Oak AIWW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []NO work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) —58 @ NHW 0.48 +/- acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 7 ❑NHW or ®NWL e. Vegetation on tract Shrubs, trees and lawn grasses. f. Man-made features and uses now on tract One single family residence and one fixed pier with platform and pilings. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential homes and docking facilities. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-15 (Attach zoning compliance certificate, if applicable) ®Yes []No [:]NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No []NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No []NA Register listed or eligible property? RECEIVED Application for Major Development Permit — February 2018 r) 2 j$ F-IL-C F . ; V ED 214 Williams Road DCNI WILMINGTON, NC New Hanover County, North Carolina t C 1D CITY F6 1 3 2018 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. Septic o. Describe existing drinking water supply source. Well p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliGGovernment ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant proposes to construct single family residence and associated driveway and utilities; and a fixed pier, gazebo and boat lift that will provide water access to the lot. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical home and dock construction methods and equipment will be used. d. List all development activities you propose. Construction of a construct single family residence and associated driveway and utilitie; and a fixed pier with gazebo and boat lift. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 0.27 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No [:]NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED Application for Major Development Permit — February 2018 214 Williams Road .,VED v DCM- MHD CITY FEB31 3 aln New Hanover Count ,North Carolina 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Stephen B Johnson Phone No. NA Address 218 Williams Road, Wilmington NC 28409 Name Stephen and Beth Cameron Spain Phone No. NA Address 212 Williams Road, Wilmington NC 28409 Name TP1 LLC Phone No. NA Address NA g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NA h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy 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. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow project will be subject to the conditions and restrictions contained in the permit. described in the application. The I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 2/13/2018 Print Name: Greg Finch, Agent, Land Management Group, Inc. Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information Application for Major Development Permit — February 2018 214 Williams Road ❑DCM MP-5 Bridges and Culverts REC''..._�VEC RECEIVED DCM WILMINGTON, NC New Hanover County, North Carolina DCM- M H D CITY 4 2. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. One One single family residence. See Appendix A. c. Density (give the number of residential units and the units per acre). J. Size of area to be graded, filled, or disturbed including roads, 1 residential units. 2 units per acre ditches, etc. 0.27+/- acres e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes ❑No ®NA (ii) If yes, list the date submitted: NA g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 10% of lot area above coastal wetland line. i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 10% of lot area above coastal wetland line. j. Describe proposed method of sewage disposal. Septic I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Surface runoff. I. List the materials (such as man, paver stone, asphalt, or concrete) to be used for impervious surfaces. Pervious pavement of equivalent for parking and driveway. Concrete building footprint. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: Submittal pending. k. Have the facilities described in Item (i) received state or local approval? ®Yes []No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. RECEIVED ,PE VED Application for Major Development Permit — February 2018 MAR 0 2 2018 214 Williams Road FEB 1 3 2016 New Hanover County, North Carolina 5 DCM- MHD CITY m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Well o. When was the lot(s) platted and recorded? 2017 2/13/2018 Date 214 Williams Road Prc ject Name 214 Williams Road Applicant Nam ) Applicant Signature n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA Greg Finch, Agent, Land Management Group, Inc. RECEIVED PEc ' VED Application for Major Development Permit— February 2028 MAR 0 Q 2018 214 Williams Road FEB 1 3 2018 New Hanover County, North Carolina DCM- MHG CITY 6 3. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a, (i) Is the docking facility/marina: ❑Commercial ❑PublictGovernment RPrivate/Community c: (i) Dock(s) and/or pler(s) (ii) Number 1 (ill) Length 280' (iv) Width B' (v) Floating ❑Yes RNo ee (i) Are Platforms included? RYes ❑No If yes: (ii) Number 1 Covered Gazebo (ill) Length 13 (Roogine) (iv) Width 13 (Roogine) (v) Floating ❑Yes RNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 1 (ii) Number of slips existing 1 Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ROpen water; no dredging required []Other; please describe: k. Typical boat length: 24' m.. (i) Will the facility have tie pilings? []Yes RNo (ii) If yes number of lie pilings? Application for Major Development Permit — February 2018 214 Williams Road New Hanover County, North Carolina ❑This section not applicable b., (i) Will the facility be open to the general public? ❑Yes RNo d.. (i) Are Finger Piers included? ❑Yes RNo If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes []No ,f. (i) Are Boatlifts included? RYes ❑No If yes: (ii) Number 1 (ill) Length 12;5`omcenten (iv) Width 1V oh�centeP' h., Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('*at slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: R Other, please describe: -I: lift slip` j., Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Uke7d ivpes I. (1) Will the facility be open to the general public? []Yes RNo Ax RECEIVED AUG 6 2018 MP SECTION MHD 7 Z DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b: Describe treatment type and disposal location for all sanitary wastewater.. c. Describe the disposal of solid waste, fish offal and trash: d. How will overboard discharge of sewage from boats be controlled? RECE➢VED AUG 6 2018 MP SEC100IV MHD e, (i) Give the location and number of "No Sewage Discharge' signs proposed, (ii) 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 oft 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 gushing? I.. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? []Yes []No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o, Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL _ ❑None p, Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) NThis section not applicable is (i) Is the boathouse stmclure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity Application for Major Development Permit — February 2018 214 Williams Road New Hanover County, North Carolina E (ip Number (ill) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable I' a; (1) Number (ii) Length _ (ill) Width 5. BREAKWATER (e.g., wood, shestpile, etc.) ®This section not applicable a: Length _„ c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a, is the structurets): ❑Commercial ❑PublictGovernment ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing Ir��l�dl�7l� a: Proximity of structure(s) to adjacent riparian property lines 15' on western side, 4' on eastem side. Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body :k8001. e. (I) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. NA b- Number .-- d. Description of buoy (color, inscription, size, anchor, etc,) b: Proximity of structure(s) to adjacent docking facilities 21' on western side, 8' on eastern side.; d. Water depth at waterward end of structure at NLW or NWL — -0.6' MLW RECGIYE® AUG 6 2018 MP SECTION MHD Application for Major Development Permit — February 2018 214 Williams Road New Hanover County, North Carolina 9 8. OTHER ®This section not applicable a. wive compiere aescnpaon: 8/6/2018 Date 214 Williams Road Pmiect Name TP1 LLC Appficattt Name , Agent, Land Management Group, Inc. :Applicant Signature AUG 6 2018 MP SECTION MHD Application for Major Development Permit — February 2018 214 Williams Road New Hanover County, North Carolina 10 \ ADJACENT PARCEL \ \ TPI LLC \ 216 WILLIAMS ROAD \ �\ YAMGfON, NC 2M \ `l \ �T HEN AND ITEM CA4ER01\ SUM SPAN 214 W1 \ 212 WiEIMAS ROAD \ WM61 \Wtnhglm, NC 2M 20 \\ 1 RECEIVED \\ \ JUN 2 2 2018 \ MP SECTION WD -------- Legend Boundary—--- --- --- —.- 75' COD NHW Line -----— Coastal Welland Line---------- 404 Welland Line ................. PARCEL Pond rSite ve Rd \ Qife I —+i— hil— Deck lu Ce fte aveo Not Shown —75'COD \ S 8.A JOMSON\ 218 1B W W1WWS ROAD t<9\ ARiGTON. NO 28109 \ and One � \ Ix \ \ - coastal Welland \ ine Line NOTES: 1. FOR ENVIRONMENTAL PERMITTING ONLY. 2. NOT AN ENGINEERED OR SURVEYED DRAWING. 3. ENTIRE LOT IS WITHIN THE 575'AEC. 0 0 LMG IA' MANAGEMRNT CROUP mc: Eavironmenml Cammftarr$ Post Office Box 2522 WilminDton. Nonh Carolina 284W 11, ,. 214 WIIIlamS Read 27f3/18 2/26118 6/20718 Scale: 1"=60' Job Number: 02-17-323 The: Site Location and Existing Conditions Drawn By. GSF Sheet Number. 1of7 {STLLIAMSROAD•NC R0. �C15aNI�FPAY \ % + %% \ Proposed Penricus Dmew! \ (1,645.1) AD ( PIS Cl \\ C PE Open Decks \ Proposed Oegqkk Not TOExceed \ \ E., '9 Deck Area. - SI IN AND BEM CAPE A SUBJECT PARCEL SPPIII \ WUONGION, NC 2616 2m WWANC ROAD \ 20.776 a �NiFgtan, NC 2B409 � \ \ FRECEVVED JUN 2 2 2018 \` Legend and PeNing \ ;r ,—PT rmitted S�tie ., Aid Lines Not Shown) —Rooiline \ Proposed House\ (31'x42'; 1,302 s.f.)\ \ \ 75' COD SIFPIFN B. JOHNSON \2�18��WWANS ROAD WiNGTON, NC 2M \ i S\ 404 Welland 2 Une'\\ fin\ ' CoaswI Wetland,Lina x 61 Boundary 75'COD � � � � � Exis" Pierhead Line NHW Line —� �— — • Coastal Wetland Line ---------- 404 Wetland Line ................. Adjacent Pier Pm Y pasetl Boat LIR (WO Stops, Ip 1, eSheel7 for Details) roposSC Covered Gazebo \ ' 'x13' i'(oo0ine) NOTES: 1. FOR ENVIRONMENTAL PERMITTING ONLY. 2. NOT AN ENGINEERED OR SURVEYED DRAWING. � � Project: 214 Williams Road Date: 2/13118 Revision Dale: 2l26718 6120118 3. ENTIRE LOT IS WITHIN THE 575' AEC. 4. TOTAL IMPERVIOUS IS 3.867 S.F.(19%). 5. EASEMENTS NOT SHOWN. [AND MANAGEMENT GROUP LIc Hrvlronmsmal Con�ultanis Scale: 1'=fi0' Job Number. 02-17-323 Tille: 0 D �' Past Office Box 2522 Wilmington, Norn Carolina 28402 Telephone: 9104524001 Plan View Drawn By: Sheet Sheet Num er. 7 WILLIAMS ROAD_ NC S.R.1526- - — — — — — — — 40, PUBLIC WGIff OE —WAY ed Pervlaes DMeway and Pedd09 s.f.; Considered 100%Pervio0s) yX \RECEIVED` $> NEt \ JUN 2 2 2018 pryi�p\� rCY N MH \ 7 \ 10.0 \ \ ` \ Open Decks NOTES: \ 1. LOT AREAABOVETASTAL WETLAND LINE IS 12,90S.F. \` 2. TOTAL IMPERVIOU IS 1,302 S.F. (PROPOSED BUILDING FOOTPRINT.10%O LOT AREA ABOVE COASTAL WETLAND LINE). 3. DRIVEWAY AND PARj1NG AREAS TOTAL 1,645 S.F. AND ARE CONSIDERED 1W%PERVIOUS. STEPHEN AND BETH CAME \ SPAIN Legend \ 212 WILLIAMS ROAD \Wilmington, NC 28409 Boundary --•--.—�.--._ 7V COD �_— NHW Line Coastal Wetland Line------�--- ,^ c04 Wetland Line ---•—•—•—•—• \ —•— On Adjacent PmPerly %ADJACENT PARCEL TP1 LLC 216 WILLIAMS ROAD WILMINGTON, NC 28409 SUBJECT PARCEL 214 WILLIAMS ROAD WILMINGTON, NC 28409 20,776 s��! proposed House (3l'x42'; 1,3D2 s.fJ 75' STEPHEN 218 WILT YILMINGTC Limits of Disturbance 404 Wetiand Line 2. NOT AN ENGINEERED OR SURVEYED DRAWING. 3. LOT JS THE LMG rw1a�. 214 Williams Road ..__. 2 13l18 nar�eivu ovw. 2/26118 8120/18 TOTAL IMPERVIOUSIIS ,302S..(10 D%OF LOT AREA 4. TOTAL IMPERVIOUS WETLAND LINE). ABOVE COASTAL WETLAND LINE). 5. EASEMENTS NOT SHOWN. LAND MANAGEMHNT GROUP tx Environmental C.mW ants Scale: 1'=30' JOE NumbeC 02-17-323 Title: D 0 Post Office Box 2522 Wilmington, North Camlina 26402 Telephone: 910-052-0001 Upland Development Detail View Dnni—rawn By: GSF Sheet Number. 3 of 7 RF=GE' JUN 2 2 201 MP SECTIOCA NHW Line \ 1.79 00.56 `1.65 \ 0.50 Adjacent Pier `\ �1 Outer Edge bf Mar ' MLW6Line O 0,31 0 59 \ en 0-0 -0, 9 \ \• 9.z y.� 0.38 6.0 \ ,s.D Ripari�fl Corn or ° 089 Pier a• x 6') 0 -o.7a r\ 0 -0 i 0.46 Pier NOTES: 1. FOR ENVIRONMENTAL PERMITTING ONLY. 2. NOT AN ENGINEERED OR SURVEYED DRAWING. 3. ENTIRE LOT IS WITHIN THE 575• AEC. 4. LENGTH OF SHORELINE AT NHW IS 58 FT. 5. WATER DEPTHS ARE RELATIVE TO MILK 0 15 30 r 0 IFILE01 Wata\CAMA\2a 17 CAMA FILES%02-1 TA74C — Will@ 0.72 16.0 ``i 05 Exi Pierhead Line "'0 -0. 5 Proposed Boat Lift \ 0-1 a 9.67 (With Stops, Slip 1, Seth 11 Shee for Details) roposed Covered Gazebo ( 3'x13' Koofline) -0.73 0 06B 0 0 -R68 0 -1,10 -0.61 O 0.97 Legend Boundary —--- --- --- --- Coastal Wetland.1-me------�--- 75' COD 404 Wetland Line ................. NHW Line —•——••— Project Octet: Revlalon Date: 2126/18 LMG 214 Williams Road 2113119 6/20/18 � LAND MANAGEMENT GROUP .0 Scale: 1'=30' Jos Nen150G 02-17323 Till.: 71 Envlmnmenmt Coneul:aNs Post Once Box 2522 Wilmington, NoM Carolina 28402 Plan View Detail Drawn By: Sheet Number. Telephone: 910 452-0001 GSF 4017 Ilahael HacldingW4 Williams Road.dwg LMG LAND MANAGEMENT GROW �xc EnW'Onmentat consultants June 20, 2018 Gregg Bodner North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 Gregg, RECEiV ,�- JUN 2 (' ?-., MP SECTION >ti X Please find enclosed an updated MP-4 (page 7 of the original application submittal), an updated set of figures (Sheets 1-7 of 7) for both 214 and 216 Williams Road in New Hanover County. Also included is a summary of the recent permits issued in proximity to the proposed projects. The MP-4 form and figures have been updated to reflect the changes in the proposed pier, gazebo and lift. Due to comments from DCM Fisheries regarding the proposed lift slip in shallow water in a PNA, the gazebo has been reduced from 20x20 to 13x13. This reduction allows the pier, and consequently boat lift to be extended out to the existing pier head line and deeper water depths. This proposed change moves the lifts from approximately -0.25'to -0.35' MLW out to approximately -0.60' MLW and near -1.0' MLW depths. Contrary to the typically permitted floating dock on stops and boat lift without stops. The structures at 214 and 216 Williams Rd. include only fixed structures and add stops to the boat lift to ensure no significant impacts to PNA. As previously stated, I'd like to clarify the lift and stop design, which will alleviate any concerns about potential bottom impacts. Since typical 2" x 6" boards, used as stops, have been noted to cause future compliance problems after the boards deteriorate, the proposed boat lifts will use 8-inch pilings as stops to ensure a robust construction methodology that lasts the life of the structure. The stops will be placed so as to not disturb the bottom themselves and bolted to the lift pilings so that the bottom of the boat cradle is at least 1 foot off the bottom. This will provide the top of the bunk boards and bottom of the boat hull to be at least 2 feet off the bottom (Sheet 7 of 7). Prior to use, at least 2.5 to 3 feet of water depth would be needed to float a boat off the bunk boards. This eliminates any concerns of bottom impacts associated with the boat lift cradle, boat hull or operation of a boat. Please note the new revised design is significantly smaller and strategically positioned to utilize superior water depths. Please also note that this proposal includes removal of the existing structure and slip, which is located in much shallower water depths and does not have stops. The desired designed improvement program is an important improvement over the existing and adjacent uses. www.imgroup.net . Phone: 910.452.0001 . Fax: 910.452.0060 3905 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Bodnar, Gregg From: Steve Johnson <sjohnsonilm@outlook.com> Sent: Wednesday, December 12, 2018 5:04 PM To: Bodnar, Gregg; Spears, Courtney Subject: Re: [External] Re: Objection notification for TP1, LLC. Gregg, I don't plan to appeal the issuance of the CAMA permits for 214/216 Williams Road. Thank you for sending the requested information. Steve Johnson From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, December 12, 2018 2:41 PM To: Steve Johnson Subject: RE: [External] Re: Objection notification forTP1, I.I.C. Afternoon Mr. Johnson, Here are the workplans for 214 Williams. If you need anything else please let me know, Gregg From: Steve Johnson <sjohnsonilm@outlook.com> Sent: Wednesday, December 12, 2618 2:29 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: [External] Re: Objection notification for TP1, LLC. Gregg, Thank you for the information. Will you also send the permitted drawings for 214 Williams Rd? Prior to the current development, 214W & 216W had been 1 parcel, and I'd like to be able to envision the entire project. Thank you. Steve Johnson From: Bodnar, Gregg <greeg.bodnar@dncdenr.eov> Sent: Monday, December 10, 2018 10:28 AM To: Steve Johnson Subject: RE: [External] Re: Objection notification for TP1, LLC. Morning Mr. Johnson, Per your request here are the workplans associated with 216 Williams Rd. If you have any questions please let me know. Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnarna ncdenr.00v 400 Commerce Ave Morehead City, NC 28557 /'Nothing Compares..,..,.,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Steve Johnson<siohnsonil m@outlook.com> Sent: Monday, December 10, 2018 10:06 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] Re: Objection notification for TP1, LLC. Gregg, Will you send me a copy of the permitted drawings for the observation pier/gazebo and kayak launch for 216 Williams Rd? Thankyod. Steve Johnson From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, December 10, 2018 9:19 AM To: siohnsonilm@outlook.com Cc: Spears, Courtney Subject: Objection notification forTP1, LLC. Morning Mr. Johnson, We received your objection to the possible issuance of a CAMA Major Permit to TP1, LLC, and considered your comments as part of our permit review process.'However, a notice of permit issuance after an objection was not distributed at the time of issuance on 8/15/18. Please accept this email and above attachment to notify you of the permit issuance for the development at 214 and 216 Williams Rd. in Wilmington. Though the 20 day period for a Third Party appeal pursuant to NCGS 113A-121.1(b) has concluded, if you still wish to seek an appeal the permit issuance, please seethe information on our website about Third Party Appeals here: htti)s://deg.nc.gov/about/divisions/coastal- ma naeement/coasta I -ma naeement=perm its/va ria nces-a ooeals If you file a Third -Party Hearing Request Petition, please be sure to identify the circumstances relating to your notification in the documentation and why the CRC should consider an untimely appeal. If you have any questions about the appeal process not answered on the webpage linked above, please do not hesitate to call. Regards, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg.Bodnar(c)_ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 r. Nothing Compares.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: CamSpain <camspain@charter.net> Sent: Tuesday, December 11, 2018 6:12 PM To: Bodnar, Gregg Subject: RE: [External] RE: Objection notification for TPl, LLC. Mr. Bodnar, Thank you for forwarding the additional information. After reviewing the final plans and the issued permits, we feel that many of our objections were addressed fully or partially in the final approval. We appreciate that the gazebo sizes were significantly reduced and that the over -development of the waterfront for this small parcel was somewhat mitigated.. We appreciate your responsiveness to our concerns, and we do not intend to appeal the issuance of the finial permits: Regards, Stephen Spain and Beth Cameron From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, December 10, 2018 4:59 PM To: camspain@charter.net Subject: RE: [External] RE: Objection notification for TP1, LLC. Afternoon Mr. Spain and Ms. Cameron, The distribution of the letters was unfortunate, but the original request was for each property to have a separate 1 slip docking facility with covered gazebo. The authorized proposals reduced the size of the gazebos and limited 214 to the one slip (which it currently has) and 216 to an observation pier with a kayak launch. I apologize for not sending the workplans with the previous email. Please see above for the workplans associated with 214 and 216 Williams. Regards, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Grego Bodnar(a)ncdenr gov 400 Commerce Ave Morehead City, NC 28557 -3^NothingCompares�,. KfIr.. . Email correspondence to and from this address is subject to the ' North Carolina Public Records Law and may be disclosed to third parties. From: camspain@charter.net <camspain@charter.net> Sent: Monday, December 10, 2018 4:39 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] RE: Objection notification forTP1, LLC. Mr. Bodnar, Thank you for your email, with the attached letters and copies of permits. As you can imagine, we are quite disappointed that we had not previously received notification of permits being issued -- especially given the amount of correspondence and telephone contact we had with your office prior to the issuance of the permits. When we heard nothing from your office, we made the reasonable assumption that the property owner had decided not to pursue the permits at this time. Discovering now that he has been granted permits for final plans that we have never seen is disturbing. We have no way of knowing if any of our objections were addressed in the final plans and permits. Can you please forward copies of the final plans that were approved under these permits? Based on the descriptions in the permits, these plans are different from any that we have been shown before. I have copies of plans that called for ..one pier with two boat lifts, two piers with a boat lift on each, and now it -would appear that there are two piers, one - with a boat lift and one with a kayak launch. On an partially related note, the property owner at 214 and 216 Williams has not been a good steward of the wetlands on his property. He does not appear to have visited his property since Florence and definitely has not made any effort at cleanup. Metal, wood, and plastic debris from destroyed docks and other sources is strewn throughout his yard, including in the wetlands where it is disturbing (and potentially poisoning) the natural habitat for birds and aquatic life. One reason we had assumed that the permits had not been issued was his apparent disinterest in his property over the last six months. We will review the appeal information in the link you provided and once we receive the final plans on which these permits were based we will make a decision on whether or not we wish to pursue an appeal. Thank you for your continued assistance in this matter. Steve Spain & Beth Cameron 212 Williams Rd. Wilmington, NC 28409 781-640-6451 From: "Bodnar, Gregg" To: "camspain(a)charter.net" Cc: Courtney" Sent: Monday December 10 2018 9:19:48AM Subject: Objection notification forTP1, LLC. Morning Mr. Spain and Ms. Cameron, We received your objection to the possible issuance of a CAMA Major Permit to TP1, LLC, and considered your ` comments as part of our permit review process. However, a notice of permit issuance after an objection was not distributed at the time of issuance on 8/15/18. Please accept this email and above attachment to notify you of the permit issuance for the development at 214 and 216 Williams Rd. in Wilmington. Though the 20 day period for a Third Party appeal pursuant to NCGS 113A-121.1(b) has concluded, if you still wish to seek an appeal the permit issuance, please see the information on our website about Third Party Appeals here: https://deci.nc.gov/about/divisions/coastal- m a n a ge m e nt/coasts l-m a n age m ent-perm its/variances-a p peal s If you file a Third -Party Hearing Request Petition, please be sure to identify the circumstances relating to your notification in the documentation and why the CRC should consider an untimely appeal. If you have any questions about the appeal process not answered on the webpage linked above, please do not hesitate to call. Regards, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Greco.Bodnar ..ncdenr.aov 400 Commerce Ave Morehead City, NC 28557 0 �— Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS nlrector August 15, 2018 Mr. Steve Spain and Ms. Beth Cameron 212 Williams Rd. Wilmington, NC 28409 Dear Mr. Johnson: This letter is in response to your correspondence, which was received by the Division of Coastal Management's Wilmington office on 2/14/18 and 2/20/18, regarding your concerns about the proposed development by TP1 LLC., 216 Williams Rd., in New Hanover County. The proposed project consisted of a single family residence and docking facility. A revised project to reduce impacts has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies ofthe appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg. Bodnar@ncdenr.gov. CC: DCM Wilmington Sincerely, 4� -- Gregg Bodnar Assistant Major Permits Coordinator DEQ�� North Carolina Department of Environmental Quality I DMsion of CoastalMana9ement .Morehead City Office 1 400 Commerce Avenue I Morehead City. North CaroUna 28557 252BO82808 ...................................................._.» Permit Class Permit Number NEW.., 89-18 STATE OF NORTH CAROLINA _.... Department of Environmental Quality _..... and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 —Excavation and/or filling pursuant to NCGS 1.13-229 Issued to TPI LLC., 265 Racine Dr., Wilmington, NC 28403 Authorizing development in New Hanover County at adi. to AI W W and Myrtle Grove. at 216 Williams Rd., in Wilmington , as requested in the permittee's application dated 2/13/18 (MP-1,3) and 8/6/18 (MP-4), incl. att. workplan drawings (6) all dated "Revised 8/3/i8 This permit, issued on August 15, 2019 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., 1) This permit authorizes only the pier, gazebo and kayak launch, 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 observation pier and kayak launch facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No part of the observation pier and kayak launch facility shall exceed the established pier headline. 3) Any portion of the permitted access pier and kayak launch built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. (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, 2621 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. u � e Braxton . Davis, Director sion of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee TPl LLC: Permit No. 89-18 Page 2 of 3 ADDITIONAL CONDITIONS 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit does not authorize any formalized boat slips. 6) The authorized gazebo. shall not be. enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 7) The roof of the gazebo shall not be. designed for second story use. 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 adj acent to the authorized work. 9) The pier and associated. structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridor. 10) This permit does not authorize any dredging in association with the authorized docking facility. 11) . The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. 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. Upland Development 12) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the homesite, driveway, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Stormwater Management 13) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Storrawater Permit No. SW8 8180511, which was issued on 7/18/18. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. 14) This permit shall not be assigned, transferred; sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. 15) 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 or she abandons the permitted activity without having it transferred to a third party. Permit No. 89-18 Page 3 of 3 ADDITIONAL CONDITIONS General The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way.of Regional General Permit 197800056 (Action ID SAW-2018-00679). The N.C. Division of Water Resources authorized the proposed project byway of General Water Quality Certification 4144 and assigned the project DWR Project No. 2018-0304. t: Future development of the permitted'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 in non -water dependent activities are not authorized within 30 feet of the' normal high water level. 'An application processing fee of $400 was received by DCM.for this project. ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director Mr. Steve Spain and Ms. Beth Cameron 212 Williams Rd. Wilmington, NC 28409 Dear Mr. Spain and Ms. Cameron: NORTH CAROLINA Environmental Quality August 15, 2018 This letter is in response to your correspondence, which was received by the Division of Coastal Management's Wilmington office on 2/14/18 and 2/20/18, regarding your concerns about the proposed development by TP1 LLC., 214 Williams Rd., in New Hanover County. The proposed project consisted of a single family residence and docking facility. A revised project to reduce impacts has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to'issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. CC: DCM Wilmington Sincerely, Gregg Bodnar Assistant Major Permits Coordinator m auwnU North Ca oHna Department of Environmental Quality 1 DividonofCoastalManagement Morehead City Office 140OCommeroe Avenue I Morehead City, North Carolina 28557 2S2.8082808 STATE OF WORTH CAROLMA Department of Environmental Quality and Coastal. Resources Commission Vrrmit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Permit Number 88-18 Excavation and/or. filling pursuant to NCGS 113-229 TP1 LLC., 265 Racine Dr., Wilmington NC 28403 Lug development in New Hanover County at adi. to AIW W and Myrtle Grove at 214 as requested in the permittWS application dated 2/13/I8.(IviP-1,3) and s/6/18 (i), Sheets 1-5 _ "Revised _. This permi , issued on Au&st 15, 2018 is subject to compliance with the application (where onsastent with thepermit), all applicable regulations, special conditions and notes set forth below. Any violation afrthese terms may be subject to fines, imprisonment or civil action; or may cause the: permit to be null. and void. DocWma Facility Reconfieurafion at 214 Williams Rd 1) This permit authorizes only the piers, gazebo and boat lift, and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a,permanent part of this docking facility reconflguration without permit modification. No rion-water dependent uses of structures shall be conducted on, in or over Public Trust aters without permit modification. No part of the docking facility shall exceed the established pier head line. Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not .exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. (See attached sheets for. Additional Conditions) ion may be appealed by the permittee or other within twenty (20) days of the issuing date. permit must be accessible on -site to Department ;1 when the project is inspected for compliance. iaintenance work or project modification not covered ;r requires further Division approval. must cease when the permit expires on December 31, 2021 this permit, the State of North Carolina agrees that t is consistent, with the North Carolina Coastal t Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton . avis, Director d "ivision of Coastal Management This permit and its conditions are hereby accepted Signature of Permittee Permit No. 88-18 Page 2 of 3 ADDITIONAL CONDITIONS xmittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent ors shall be attached to the structure in order to make it more visible during hours of darkness or tent weather. , permit authorizes a maximum of i formalized boat slip. l accordance with commitments made by the•permittee and in order to satisfy concerns of the resource encies physical, stops shall be placed on the boat lift aba minimum height of 12" above the bottom bstrate, as detailed in the attached narrative and workplan drawing (Sheet 7 of 7), to prevent the boat ft from disturbing the bottom substrate. The physical stops shall, remain in place for the life of the -mritted docking facility. he authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and fall be permeable to air, and water. Screen or wire on the sides along with benches and knee walls are rmitted. Lattice is specifically excluded from being used under this authorization. roof of the gazebo shall not be designed for second story use. attempt. shall be made by the pennittee to prevent the full and free use by the public of all navigable iters at or adjacent to the authorized work. the Lot to the east be sold prior to the initiation of constmction of the docking facility, the ee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor and submit it to the Division of Coastal Management prior to initiating construction of the er and associated structures shall have a minimum setback distance of 15 feet between any parts structure and the adjacent property owner's riparian access corridor. permit does not authorize any dredging in association with the authorized docking facility. The authorized project is located within a primary nursery area (PNA): Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. 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. Upland Development Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the homesite, driveway, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Permit No. 88-18 Page 3 of 3 ADDITIONAL CONDITIONS Stormwater Management a The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater h Permit No. SW8 180512, which was issued on 7/18/18. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. General This permit shall not assigned, transferred, sold, or otherwise disposed of to a third party without the .written approval of the Division of Coastal Management. permittee shall maintain the authorized work in good condilion and in conformance with the terms conditions of this permit. The,permittee is not relieved of this requirement if he or she abandons the utted activity without having it transferred to a third party. and/or his or her contractor shall meet with a representative of the Division prior to on. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW72017-01859). The N.C. Division of Water Resources authorized the proposed project by way, of General Water Quality Certification 4144 and assigned the. project DWR Project No. 2018-0305. Future development of the permitted's property may requirea modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. E: An application processing fee of $400 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD TRI UX. 1) APPLICANT: it4ol+laFi- COUNTY: New Hanover PROJECT NAME: 214 Williams Road SFR & docking facility LOCATION OF PROJECT: 214 Williams Rd, adjacent to the AIWW and Myrde Grove Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-26-18 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Courtney Spears DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: 60-. B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC D: $400 949307 PUBLIC NOTICE REC'D: 3-3-18 END OF NOTICE DATE: 3-24-18 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: _ ON: Yzh — � 30 C) 75 DAY DEADLINE: C'4 w J gDl8150 DAY DEADLINE: MAIL OUT DATE: 2-28-18 STATE DUE DATE: 3-24-18 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE NOTES COMMENTS OBJECTIONS: J 1 d RETURNED YES NO Division of Community Assistance z/2 �pj /V Division of Coastal Management-LUP Consistency 7 jj s- / toM<xy Public Water Section (DWR) i 7 fj x Land Quality Section (DEMLR) V-(y Ito lc Division of Water Resources - 401 Section y�% Z'W8 Ojos w ��„ l2 v Storm Water Management (DEMLR) 3 6 (�j beefs �j i 7/g S State Property Office 3/�j' /$ lirsf' fir aw-s; do 10-V' q/Nw Division of Archives & History 3 �c Division of Marine Fisheries - Shellfish Section Division of Highways (NCDOT) 3� Wildlife Resources Commission 7 or less �4 Aalf rn+s>fi Local Permit Officer 3/7 $ I E (L, t_., Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM 17 8 K E'Ci+[AC -51,>eZ R&ACY 5(' Corps of Engineers - Regulatory Branch �.y 14 r rX1"6i. ITY 116A pep Z(y7((8 ?b"(x Recommendations for State Permit — TP1 LLC 2/27/2018 The total platform area was calculated as follows: Shoreline length = 58' x 8' = 464 ft2 Access pier = not calculated due to alignment and dimensions Covered platform = 20' x 20' = 400 ft2 Total = 400 ft2 It is the staff's recommendation the construction of the docking facility would provide docking space for a total of one (1) vessel at this location. It appears that the project is potentially CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the similar pier length rule, the eight - square foot rule and the pier width rule. However, due to the shallow water depths, there are concerns for bottom impacts in a Primary Nursery Area. Water depths in the proposed area for dockage are well below the minimum 18" established in 15A NCAC 07H .1205. This office supports the recommendations of the resource agencies, particularly the Fisheries Resource Specialist, regarding potential impacts to shallow bottom. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2)(A), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. It is the staffs recommendation that the construction of a SFH with associated parking and driveway areas appears to be CONSISTENT with NCAC 07H .0209 (f) Specific Use Standards for Outstanding Resource Waters (ORW) Coastal Shorelines, which limits built upon area to 25% of the total lot area. The application states that the built upon area is 10% of the lot area landward of Coastal Wetlands. This calculation assumes 100% credit for pervious pavers. The total lot area is listed as 12,960 ft2 above Coastal Wetlands. The house area is listed as 1,302 ft2 and the area of the driveway/parking is listed as 1,645 ft2. Even if it is assumed the pavers are completely impervious, the lot would be 22.7% built upon. Additionally, the total lot area was calculated landward of Coastal Wetlands, and previously DCM has calculated total lot area using all land landward of NHW, so the built upon area percentage is likely even lower than 22.7%. It should be noted that previously DCM has calculated credit for pervious pavement based on manufacturers specifications, and no manufacturers specifications were included with the permit application. Should the resource agencies be satisfied with the proposed stops on the proposed boat lift to reduce bottom impacts, and provided the project is consistent with all other state and federal permitting requirements, this office has no objection to the proposed work. It is recommended that any permit issued should include standard conditions for docking facilities and upland development in Outstanding Resource Waters Coastal Shorelines. It is also recommended that a condition be added to address the need for a new waiver should the lot to the north be sold prior to construction of the authorized docking facility. It is also recommended that a condition be added to address upland construction currently proposed across property lines (specifically the parking area of 214 Williams Road crossing onto 216 Williams Road). Additionally, it is recommended that an as -built survey condition be considered given the proximity of the proposed gazebo to the 15' adjacent riparian setback area to the east. RECEIVED MAR 0 2 2018 DCM- MHD CITY 1i1 Coastal Management ENVIRONMENTAL QUALITY February 28, 2018 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MIC14AEL 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. coatscDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: TP1, LLC Project Location: 214 Williams Road, adjacent to the AIWW and Myrtle Grove Sound, in New Hanover County Proposed Project: construction of a single-family home and 1-slip docking facility 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 March 24, 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: x This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED #1 oy L � �+S I't" DATED A / 2 f I B State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY February 28, 2018 TO: 1 R@@flF@# FEB 2 8 2018 Division of Water Resources WiRO - Public Water Supply Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPERyy GovemoN "- MICHAEL S. REGAN Secretary BRAXTON DAVIS uirenor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(c),ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: TP1, LLC Project Location: 214 Williams Road, adjacent to the AIWW and Myrtle Grove Sound, in New Hanover County Proposed Project: construction of a single-family home and 1-slip docking facility 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 March 24, 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 Git DATED S/Z!! O% ME? ; :1VEC% DClv1 WILNIiNGTON, NC 0 8 2018 State of North Carolina I Environmental Quality I Coa ml Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 ad Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director February 28, 2018 r TO: Dan Sams District Manager-DEMLR Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(�ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: TP1, LLC Project Location: 214 Williams Road, adjacent to the AIWW and Myrtle Grove Sound, in New Hanover County Proposed Project: construction of a single-family home and 1-slip docking facility 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 March 24, 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 z z,1T<)!F) RECEIVED DCM WILMINGTON, NC MAR 0 5 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent., Wilmington, NC 28405 910-796-7215 Ell Coastal Management ENVIRONMENTAL QUALITY February 28, 2018 TO: " FFg f p�Cp�NR'�p�'A 2 write B ZO>g WinO,oere�anr��'e Chad CoburnonRego...........gnnd 401 Wetlands Ce DWR-WiRO ROY COOPER Governor MICHAEL S. REGAN r _1a`y BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive _Ext., Wilm., NC 28405 heather. coats(oDncdenrgov Fax: 395-3964 Courier 04 16-33� SUBJECT: CAMA Application Review Applicant: TP1, LLC Project Location: 214 Williams Road, adjacent to the A/WW and Myrtle Grove Sound, in New Hanover County Proposed Project: construction of a single-family home and 1-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coatsat the address above by March 24, 201& 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. �lUi r"f OLl j !� REPLY: ✓ This agency ha�QCs no objection to thle project as proposed. .Additional comments maybe attached"'l�Aoi/q'A " 1„4L This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. SIGNED agency objects to the project for reasons described in the attached DATED 't i Q(� Stain of North Carolina I Environmental Quality I Coasml managemi 127 Cardinal Dare Ext., Wilmington, NC 29405 910-796-7215 RECEIVED DCM WILMINGTON, NC APR 1 7 2018 DoouSigm Endelope to: OCAA23E2-032F44D5-8A2447DBEDCD886E Water Resources w Environmental Quality April 17, 2018 TPIl, LLC Mr. Michael Hackeling 265 Racine Drive Wilmington, NC 28403 Subject Property: 214 Williams Road ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director New Hanover County DWR Project: 2018-0305 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Hackeling, You have our approval, in accordance with the attached conditions and those listed below, to construct a single family home with a one slip docking facility with boat lift stops as described in your application received by the N.C. Division of Water Resources (DWR) on March 1, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http://portal.ncdenr.or;/web/wq/swp/ws/401 /certsandperm its. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: Please understand that the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future, please be aware that new dredging within a PNA is not allowed under 15A NCAC 02B .0221 and is a degradation of water quality standards and therefore considered a water quality violation. [15A NCAC 02B .0221]. ' V ED DCM WILMINGTON, NC -:- Nothing Compares_t Statof North Carolina Environmental Quality APR 1 7 Y018 1611 Mal Sere ice Center, Ralelmh, North Carolina27699-I611 919-707-9WO DocuSign Envelope ID: OCAA23E2-032FA4D5-8A24-47DBEDCD886E 214 Williams Road New Hanover County 2018-0305 Page 2 of 4 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division'and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name { 15A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 021-1.0507 (c) and 15A NCAC 021-1.0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] DoeuSign•EnOelope ID: OCAA23E2-032F-4405-8A24-47DBEDCD886E 214 Williams Road New Hanover County 2018-0305 Page 3 of 4 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: littp://portal.nedenr.ore/web/wo/swp/ws/401/certsandpermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). DoouSign Envelope ID: OCAA23E2-032F-44D5-8A24-47DBEDCD886E 214 Williams Road New Hanover County 2018-0305 Page 4 of 4 The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.Coburtigncderingov. Sincerely, EBocuSigned by: '°' Ste, 64 E3ABA1dAC70O* U.. Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Greg Finch & Steve Morrison — Land Management Group, Inc. (via email) Tyler Crumbley - USACE Wilmington Regulatory Field Office (via email) Heather Coats — DCM Wilmington (via email) WiRO/LF Coastal Management ENVIRONMENTAL QUALITY LIN ROY COOPER Govemor MICHAEL S. REGAN secm1my BRAXTON DAVIS Dimaor ��-� February 28, 2018 C�CI V C FEB 2 8 2012 /(O: Georgette Scott Stormwater Section PY -- DEMLR - WiRO FROM: 1 Heather Coats, Assistant Major Permits Coordinator / NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(�ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: TP1, LLC Project Location: 214 Williams Road, adjacent to the AIWW and Myrtle Grove Sound, in New Hanover County Proposed Project: construction of a single-family home and 1-slip docking facility 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 March 24, 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 recommende changes are incorporated. See attached. A/eed S/ �rzyvl. This agency objects to the project for reasons described in the attached comments. SIGNED Z4�2 DATED State of North Carolina I Envirawental Quality I Coastal Management 127 Cardinal Drive Ed., Wilmington, NC 29405 910-796-7215 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY March 6, 2018 T.P.I., LLC Attn: Michael Hackeling, Manager 265 Racine Drive, Suite 201 Wilmington, NC 28403-8745 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Subject: Request for State Stormwater Management Permit Application 214 Williams Road and 216 Williams Road New Hanover County Dear Mr. Hackeling: On February 28, 2018, the Wilmington Regional Office received notification that the subject proposed proj ect has triggered a review for the applicability of the 2017 state stormwater rules .under the bold and underlined permit trigger below: 1. The project will require an Erosion and Sedimentation Control Plan pursuant to NCGS 113A-57; 2. The project will require a Coastal Area Management Act (CAMA) Major Development Permit pursuant to NCGS 113A-118; 3. The project does not require either an Erosion and Sedimentation Control Plan or a CAMA Major Development Permit, but meets one of the following criteria: a. The non-residential project proposes to cumulatively add 10,000 square feet or more of built -upon area; or, b. The residential project is within''/z mile of and draining to SA waters, and proposes to cover 12% or more of the undeveloped portion of the property with built -upon area. 4. The project is part of a larger common plan of development; 5. The proposed project impacts an existing state stormwater management permit. Per North Carolina Administrative Code Section 02H.1001 (3) a Stormwater Management Permit from the Division of Energy, Mineral and Land Resources, is required if any one of more of the above triggers applies to the project. Please understand that the NPDES 010000 Federal Construction Stormwater Permit that is issued with the Erosion and Sedimentation Control Plan approval letter is NOT the required Coastal Stormwater Management Permit. Any construction on the subject site, prior to receipt of the required Coastal Stormwater permit, will constitute a violation of I SA NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Please submit either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date, to this Office no later than May 7,201 S. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. If the project is located within the jurisdiction of any local government holding an NPDES post -construction stormwater permit issued by the Division of Energy, Mineral and Land Resources, please contact that unit of local government for information on submitting the Stormwater application to them. If you have any questions, please call Linda Lewis at (910)-796-7215. Since ely, g� William E. (Toby) Vinson, Jr., P.E., CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources GDS/arl: G:\\\Stormwater\Permits & Projects\StormSubs\2018 03 stormsub_NH 214_216 Williams Road cc: Steve Morrison, Land Management Group New Hanover Building Inspections Heather Coats, Asst. Major Permits Coordinator, Division of Coastal Management Wilmington Regional Office Stormwater File State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 �i Coastal Management ENVIRONMENTAL QUALITY February 28, 2018 TO: Tim Walton Dept of Administration State Property Office RECEIVED MAR 01 2018 DOA STATE PROPERTY OFFICE ROY COOPER Gnvemnr MICHAEL S. REGAN Secretary BRAXTON DAVIS Dim,lur FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)-ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: TP1, LLC Project Location: 214 Williams Road, adjacent to the AIWW and Myrtle Grove Sound, in New Hanover County Proposed Project: construction of a single-family home and 1-slip docking facility 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 March 24, 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 RECEIVED DCM WILMINGTON. NC Stale of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 North Carolina Department of Administration State Property Office March 5, 2018 To: Heather Coats Assistant Major Permits Coordinator From: Joy Waym Real Property A Re: CA /DREDGE it Application Review Applicant — TP1, LLC 214 & 216 Williams Road, New Hanover County Machelle Sanders Secretary Tim Walton Director Reply: Please confirm that the proposed facilities are not located within the 1000' USACE AIWW easement area. State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 1 1321 Mail Service Ctr I Raleigh, NC 27699 919 807 4650 T RECEIVED DCM WILMINGTON, NC Np,, 4,V,0v+r a Received: 03/08/2018 ROY COOPER State Historic Preservation Office r;,,,,,,a, hm. MICHAEL S. REGAN CoastalManagement BRAXTON DAVIS FHVIMOtl MTAI"ALITY ER 18-0454 February 28, 2018 Due -- 3/23/18 TO Renee Gledhill -Early Dept of Cultural Resources A- V��nrIM/CtOh 18 Archives & History -IS FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wiim., NC 28405 heather coats(a�ncdenrgov Fax: 395-3964 (Courier 666-10-33) SUBJECT: CAMA Application Review Applicant: TP1, LLC Project Location: 214 Williams Road, adjacent to the AIWW and Myrtle Grove Sound, in New Hanover County Proposed Project: construction of a single-family home and 1-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this fort to ifeather Coats at the address above by March 24, 2418. 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. DATED 3 ' L Q ' I ? RECEIVED MAR 19 State of North Crdw, FaYa tal any, C—W�.�,�� MAR 0 9 2018 127 Cark"Dn En Wilnrog000. W 2,05 9WILMINGTON, NC 91NT 721n VA Coastal Management ENVIRONMENTAL QUALITY February 28, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Uovrmor MICHAEL S. REGAN Secrelnry BRAXTON DAVIS Direcror FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heathercoatsC�ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: TP1, LLC Project Location: 214 Williams Road, adjacent to the AIWW and Myrtle Grove Sound, in New Hanover County Proposed Project: construction of a single-family home and 1-slip docking facility 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 March 24, 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. )roe: A Vdy Ka; ti P 5 SIGNED DATED 1J RECEIVED MAR 0 9 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Emw Ext., Wilmington, NC 28405 910-796-7215 DCM- MHD CITY OV Coastal Management ENVIRONMENTAL QUALITY February 28, 2018 TO: David Harris NC DOT Roadside Environmental Unit ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director RECEIVED MAR 0 7 2018 NC DOT DISTRICT 3 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., INC 28405 heather. coats(a)-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: TP1, LLC Project Location: 214 Williams Road, adjacent to the AIWW and Myrtle Grove Sound, in New Hanover County Proposed Project: construction of a single-family home and 1-slip docking facility 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 March 24, 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 6341, � DCM WILM NIG ON. NC MAR 16 7018 State of Nonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve Ext., Wilmington, NC 28405 910-796-7215 ...r AIP Coastal Management ENVIRONMENTAL QUALITY February 28, 2018 ROY COOPER Go we MICHAEL S. REGAN &u wy BRAXTON DAVIS DOW1or TO: Maria Dunn NC Wildlife Resources Commission For WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsgncdenr.pov Fax: 395-3964 (Courier04-16-33) SUBJECT CAMA Application Review Applicant: TP1, LLC Project Location: 214 Williams Road, adjacent to the AIWW and Myrtle Grove Sound, in New Hanover County Proposed Project: construction of a single-family home and 1-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and reT+% ea ie oats at the address above by March 24, 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 �4 I DATED 3 2 RECEIVED MAR 2 3 2018 Slate 9r North Car9we I EviTT,,RInUi Q"IAr i C�IEW Manageielll DCM WILMINGTON, NC 127 CardAnl Dmx Fxl Wilmington, NC 28405 9ID-796-7215 3 l I __ MEMORANDUM` TO: Heathcuc&t: Nvisiow6f CwsOd Managemenf Niohdl zoo Dunn, Costal Coordinator Habitki.�Ihirisi'6n.. DATE:: Nw&,13!12618 SUBJECT; CAIYIAPredge/FillPem jicq fbr V-jj W 0 lk arm inhabited by.tb0- biliiig'Addresk jbbiiatCbnservati MAL PNAs are definedas; a*sigCaWd PNA,.tUd. uL mrvicel.;,emeva ,Kmej Fax am " 1,61-10,08. creek provides an important rearing area for this variety of estuarine fishes and invertebrates that need relatively undisturbed habitats. The NCWRC does not generally support boating activity and slips located within insufficient water depths due to a continued source of chronic sediment disruption and elevated turbidity associated with bull scraping, prop scour, and chronic bottom disturbance. These disturbances disrupt habitat, negatively affect feeding efforts, and clog respiratory systems. The lift, although designed to include stops, would adversely affect the area in the immediate vicinity as well as the path of ingress and egress to the dock. Since this area is designated PNA and there is no maintenance dredging associated with the project area, we would not support a petition for new dredging in the project area. We understand the previously permitted dock allowed access and we would not object to the continued use of this facility or a facility that lends itself to the same or less impacts. Creating a shared access area with the adjacent lot could also provide access to both lots while reducing impacts from two separate structures. To avoid even more impacts to the shallow water habitats and substrates of the PNA, the applicant could consider an observation pier or a structure: for kayak launching. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at many-Aut 4ncwildlife.orQ VV_ ROY COOPER � i —1 i ` } MICHAEL S. REGAN ,l' dmxrap -.- .'•---..___--'`'` Yam`'.' BRAXTON DAVIS 89WYDlW6NTLL DVLLfIY DVet1o/ LIAR - 6 2018 February6, 2616 NEW HANOVER COUNTY PLANNING & ZONING TOi Darrell Galloway Local Pennit.Officer, County, of New Hanover FROM: Heather Coats', Assistant Majoi Permits Coordinator NCDEQ'-,Division of Coastal Management 127 Cardinal Drive Ext ,t ilm:, NC 28405-heathercoatsdlncdenraov= Fax: 395-3964 {Eour1er04.1B�33) SUBJECT: CAMA.Appllcation.Review Applicant: TP1, LLC Project Location: -214'Williams-Road, adjacent to the AIWW and Myrtle Grove Sound; in New HanowerCouhty Proposed Project., construction of a single-family home and 1-slip docking facility Please_ indicate below your -agency s position or viewpoint on the proposed project' and h"'thls form to Heat/rer. Coata at the address above by March 24; 201& 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 comnientd may be, attached"` _39_ This agency has. no comment on.ihe proposed project. This -agency -approves of the project only -if the reaomitiended changes an3'incorporeted! See attache_d.. This agency objects to the project1br-reasons described in.ttie attached comments. SIGNED- Lt 64, :p DATED 3 7 smm erhmth cmcHm I avfr=� Qudhy I comes MWIPMW 127 CsdimlD,ive Ed, W&mVn KC2W5 9167967215 'AW FebmrYA ZOO MHCrDCM FROM. ROY COGPBR &Wifo mirl "AN ;w" f4mpw RWW A it PNject Lftoodm �coftt Ihe A(7trNFand MyrEie"�tri�e 10. *,w HaWover QQW* P vomfftobn ip(p sivoleAmwhow and, No*oftffiw . dt ritotllhw oopdgdd,Propotiiaftd?: 4v`Y an contactauetno SpeWt appropriate R,#PLY,i r,,ojoct as prppo 0. bS ZtthCh,i9&',' Thig a4pm, h dthO oonmont"'On'tho popolkao PrOoo, ot erl 0 Orm- Tbis ogency approlve*,offtP.Mle QNY �AhQ rOCOMM, weride ifvin&rv&dteif. Sao aftetted, Received MAR 2 7 2018 stem"4110 j EftvrTdMeWd dn'lih I C-AP4MMgqmnf I 127 Codfjat D"IM.,WffirkpwNC 29405 DCM To; *AbAr, Coobi DCMA"Wa(wm Pert* cm*%"t FROWR Curt, We_whmf, Df(-7M' Fished SpIrr"bNO& Avofth,-6id V1gim drxidd %ftmhAft6 Amp EBY Allow wbich cm andreLmtheseShaow gall ...... . . . . . WRY x decks can cause - Eat these. ,reasons &,,srtte-z.vi was conducted to evig u&gsitcthaxqFtens�ies and recorded between the times of 2:30 pm to 3:00 pm. Tidal predictions (NOAA) for that day were expected to be -0.38 ft. below MLW, however observed tidal datum recorded preliminary depth to be +0.02 ft, above MLW-, in essence, the water depths recorded that site visit reflect conditions similar to a normal MLW scenario. Water depths were measured at distances from the edge of marsh to the proposed locations of the boatlifts. At distances of 72 ft., 80 ft., and 91 ft., the respective depths were -0,25 ft., -0.33 ft, and -0.38 ft. The insufficient water depths coupled with the site being located —1,300 feet away from the closest navigable channel, the AIWW, there does not seem to be another option for relocating the boatlift. Prior to receiving an application, the Field Representative and Fisheries Resource Specialist met with a contractor and property owner at the location do discuss the project plans. The contractor and land owner stated that the intent was to install a single shared pier with two boatlifts at the terminus. The Fisheries Resource Specialist indicated that the water depths were concerning for negative impacts to fisheries habitat and informed the individuals that new dredging would likely be opposed to by resource agencies. It was suggested that all efforts be made to minimize and reduce impacts as well as include plans with stops on boatlifts to prevent the possibility of impacts to bottom habits. Upon receiving the applications for 214 and 216 Williams Road, these projects don't seem to demonstrate minimization and avoidance of impacts, has not located boadifts to the deepest waters, or demonstrated sufficient water depths for water -dependent structures. Based on the above listed reasons, this office recommends a denial of the permit application for this project as proposed because it will have a significant adverse impact on marine and estuarine fisheries resources at the project site. If the project were modified as to remove the boatlift from the construction plans, this office would remove its objection. Contact Curt Weychert at (252) 808-2808 ext. 213 or CurtWe chertedem.gay with further questions or concerns. State of Nwh Carolina I Environmental Quality I Cmull Manatpoxm 400 Commerce Avenue I Morehead City, NC 28557 252408.28081 Z52-247-3330(fax) Bodnar, Gregg From: Weychert, Curtis R Sent: Friday, June 22, 2018 3:37 PM To: Bodnar, Gregg Subject: RE: [External] 214 and 216 Williams Road -New Hanover County Gregg, while I appreciate the applicant moving to the deepest allowable depths, they still have not achieved appropriate water depths for the proposed structure and water dependent facilities. All comments and resource concerns from my previous memo still remain even with the new proposal. Curt From: Bodnar, Gregg Sent: Friday, June 22, 2018 8:38 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Coburn, Chad <chad.coburn@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: FW: [External] 214 and 216 Williams Road -New Hanover County Morning all, Here are the revised plans, including MP forms and history/background supplied by Greg Finch (Agent). In summary he has minimized the gazebos and pushed the lifts out to the Pier Head Line. Please review and provide any comments/questions when available. Thanks again for the review, G regg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnarancdenr.gov 400 Commerce Ave Morehead City, NC 28557 r'"`Nlothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. P.$ WIPUNCITOAMMM "w34-Z Apr[110, 2619 Replatory I)Mkien ActiorrIDNm 197800056 WIf"Ac"', Mr.blielml flaokeling WA4000041M Mlffiin�.Ndrth Cafolidd 28403 1*006 000*0bb yo=, request to'Congtmf an&,JiaShp dooftholk.,., af,114 VIM= Road, .4aceat� fathqAiWW WMyitla Oroyesound, in'w" 0, N I -,W Harlat t t County;�7;orth :Cbordmaks '00 werenewcd General QbgionaD Fermit-No. I MO005-6, kitfiq %*,Qf latth C atirCut purstlantta Seetxau 10-oft Fs kw ins ,Fee t9780005L$*Ow,DectzIW,31,ezon,. thp -end owd gonerafand speciAlcondifions; flia is, of the United States 00$1'9"�V Getz Please rua&ihe enclosedperraff ft prevent an unirdentionalvialatiGu of-FederaLlaw—As this4 appropriate State and local contact'w'Tyler A Suxcerely Wilmington P';grdaicry Frold 01fice Enclosures - plans �P 56, conditions. Received APR 1 I M OMIA"10.0 Ami 0-Co�aes Fur MEMORANDUM To: Gregg Bodner From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, — TI1, LLC- 214 Williams Road, New Hanover County Date: May 7, 2018 This project is consistent and not in conflict with the 2016 New Hanover County ' Comprehensive Land Use Plan Update. The applicant is proposing to construct a single-family home and one -slip docking facility at 214 Williams Road, adjacent to the AIW W in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ORW, ES, CS and PTA. Waters at the project site are classified as ORW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2016 New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Conservation/Resource Protection. In general, New Hanover County allows development in Conservation/Resource Protection classified AECs, which is consistent with the State's minimum use standards. The 2016 New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Cc: File RECEIVED MAY 7 2018 IMP SECTION MHD ►f Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY July 18, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. interim Director T.P.1, LLC Attn: Mr. Michael Hackeling, Manager 265 Racine Drive, Suite 201 Wilmington, NC 28403 Subject: State Stormwater Management Permit No. SW8 180512 T.P.1, LLC — 214 Williams Road Low Density Project New Hanover County Dear Mr. Hackeling The Wilmington Regional Office received a complete, State Stormwater Management Permit Application for the subject project on May 15, 2018. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 effective January 1, 2017. We are forwarding Permit No. SW8 180512 dated July 18, 2018, for the construction, operation and maintenance of the stormwater control measures (SCMs), built -upon areas, as well as the stormwater collection system and/or vegetated conveyance system associated with the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. Please pay special attention to the permit conditions regarding the limitation of built -upon area, modification of the project, the operation and maintenance of the vegetated conveyance system, and the procedures for changing ownership of and/or transferring the permit. Please also pay attention to the permit conditions that requires the recordation of deed restrictions and protective covenants, easements, and the maintenance agreement, which must all be provided along with certification upon completion of the project. Failure to comply with these requirements will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. RECEIVED JUL 24 2018 DCM-MHD CITY Stateof North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wilmingmn Regional Office 1 127 Cardinal Drive Extension I wilmington. NC 28105 910'796 7215 State Stormwater Permit No. SW8 180512 Page 2 of 2 If you have any questions, or need additional information concerning this matter, please contact Kelly Johnson in the Wilmington Regional Office, at (910) 796-7215. S/incer�ely, jj—" William E. (Toby) mson, Jr., E, CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A — Certification Forms GDS/kR: \\\Stormwater\Permits & Projects\2018\180512 LD\2018 07 permit 180512 cc: Scott Stewart, RA, ASLA, Dernuest Company 6933 Running Brook Terrace, Wilmington, NC 28411 New Hanover County Building Safety Department. Division of Coastal Management Wilmington Regional Office Stormwater File RECEIVED JUL 2 4 2018 DCM-MHD CITY Stale of North Carolim I Environmental Quality I Encrgy.Mineral and Land Resources Wilmington Regional office i 127 Canliral Drive Extension I Wti nington. NC 78405 910 796 7215 State Stormwater Management Permit No. SW8 180512 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO T.P.1, LLC T.P.1, LLC — 214 Williams Road 216 Williams Road, Wilmington, New Hanover County FOR THE construction, operation and maintenance of a 12% low density project SA-ORW waters in compliance with the provisions of Title 15A NCAC 2H .1000 effective January 1, 2017 (the "stormwater rules") and the approved stormwater management plans, application, supplement(s), specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the management of stormwater described in the approved plans and specifications. The overall percent of built -upon area permitted for the portion of project within 575 feet of SA-ORW waters must not exceed 12% per the requirements of the stormwater rules. This permit covers the construction of a total of 1,555 square feet of BUA, which includes 1,301 square feet of proposed BUA, and 254 square feet of future BUA allocation. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters, measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline in accordance with the stormwater rules and the approved plans and specifications. All stormwater runoff, including roof drains, shall be released as dispersed flow no closer than at the edge of the vegetated setback. At no time shall stormwater runoff be piped into or through the setback. 3. This project has maximized dispersed flow of stormwater runoff through vegetated areas and minimized the channelization of flow. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-year storm event as defined in the stormwater rules and approved by the Division. Division. 4. No piping shall be allowed except those minimum amounts necessary to direct stormwat'jJFcF_NS0 runoff beneath a BUA such as a road or driveway when it cannot be avoided. Page 1 of 4 J0L 2 4 J� OCM_W4D CITY State Stormwater Management Permit No. SW8 180512 This project does not propose any stormwater outlet discharge points and therefore will not have the opportunity to cause erosion during the 10-year storm event. II. SCHEDULE OF COMPLIANCE 1. The project shall be constructed, operated and maintained in accordance with the conditions of this permit and the approved plans and specifications. 2. Vegetated areas and vegetated conveyances shall be entirely constructed, vegetated, and operational prior to the construction of any development, per the approved plans and specifications. 3. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. 4. All vegetated conveyance systems, stormwater collection systems, and/or maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. 5. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed Operation and Maintenance Agreement titled Swale System Maintenance Requirements, a part of the Low Density Supplement, to assure that the permitted and vegetated conveyance system functions at the approved design condition. The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. 6. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. 7. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 8. The final plats for the project must be recorded with the Office of the Register of Deeds. The recorded plat must reference the Operation and Maintenance Agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. 9. Upon completion of the project, the permittee shall determine whether or not the project is in compliance with the permitted plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the permitted plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the permitted plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. Page 2 of 4 FtE f WSO 10- 14 JA CCN► MNo GO State Stormwater Management Permit No. SW8 180512 10. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below: a. Any modification to the approved plans and specifications, regardless of size including the stormwater control measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading or resizing of any component of the approved stormwater control measure, stormwater collection system and/or vegetative conveyance system shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement for BUA credit that was not included in the approved plans and specifications. g. The construction of any #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 11. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. 12. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities performed to date may be requested. III. GENERAL CONDITIONS Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. 3. In the event that the project fails to meet the requirements of a low density project, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of an additional or replacement vegetated conveyance system and/or stormwater control measures. These additional or replacement measures shall receive a permit from the Division prior to construction. RECENED jUL 2 4 NIS DCM-MHD CITY Page 3 of 4 State Stormwater Management Permit No. SW8 180512 4. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed State Stormwater Request Form for Permit Transfer or Permit Information Update, accompanied by the supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events:. a. Any ownership change including: The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; ii. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-01(e) and NCGS 57D-6-07; b. Bankruptcy; c. Foreclosure, subject to the requirements of Session Law 2013-121, d. A name change of the current permittee; e. A name change of the project; f. A mailing address change of the permittee; 5. The permittee is responsible for compliance with all terms and conditions of this permit until the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 6. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. 7. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any permit conditions. 8. Approved plans, application documents, supplements, calculations, operation and maintenance agreement, and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, application, supplements, operation and maintenance agreement, and approved plans and specifications shall be maintained on file by the permittee. 9. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. Permit issued this the 18" day of July 2018. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 3-,Willia E. (Toby) Vinson, Jr., PE, CPESC, CPM, Interim Director Division tf Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 180512 RECEIVED JUL 2 4 NIS DCM-MHD CITY Page 4 of 4 State Stormwater Management Permit No. SW8 180512 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification General MDC • As -Built Designer's Certification for Low Density Projects A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. RECEIVED juL 2 4 NIS DCM.MHD CITY Page 1 of 1 State Stormwater Management Permit No. SW8 180512 AS -BUILT PER UTTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. Check here if this is a partial certification. Section/phase/SCM Check here if this is part of a Fast Track As -built Package Submittal. Printed Name Signature a Notary Public in the State of County of do hereby certify that personally appeared before me this day of and acknowledge the due execution of this as -built certification. Witness my hand and official seal My commission expires (SEAL) 20 Permittee's Certification NCAC .1042(4) Completed / Provided N/A A. DEED RESTRICTIONS / BUA RECORDS 1. The deed restrictions and protective covenants have been recorded and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. Y or N 2. A copy of the recorded deed restrictions and protective covenants has been provided to the Division. Y or N 3. Records which track the BUA on each lot are being kept. (See Note 1) Y or N B. MAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runoff collection / conveyance system are located in recorded drainage easements. y or N 2. A copy of the recorded plat(s)is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that have an SCM include the following: y or N 1. The specific location of -the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set forth in NCGS 143 Article 21 if the SCM is removed relocated or altered without prior approval. Y or N E. OPERATION AND MAINTENANCE AGREEMENT Y or N 1. The O&M Agreement is referenced on the final recorded plat. Y or N 2. The O&M Agreement is recorded with the Register of Deeds and appears in the chain of title. Y or N F. OPERATION AND MAINTENANCE PLAN — maintenance records are beingkept in a known set location for each SCM and are available for review. y or N G. DESIGNER'S CERTIFICATION FORM — has been provided to the Division. y or N Notel- Acceptable records include ARC approvals, as -built surveys, and county tax records. REGLIV ED JUL 2 4 2018 Page 1 of 6 DCM-MHD CITY State Stormwater Management Permit No. SW8 180512 Provide an explanation for every requirement that was not met; and for every " N/A" below. Attach additional sheets as needed. RECEIVED Page 2 of 6 JUL 2 4 201E DCM-MHD CITY State Stormwater Management Permit No. SW8 180512 AS-BIALT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS - BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is a part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed NC Regis?-gt'on'. SEAL: c;n aturF Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: O Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Page 2. ON/E = not evaluated (provide explanation on page 2) ON/A = not applicable to this SCM or project. Consultam's Certification NCAC .1003((3) & General MDC .1050 OAs-built ON/E ON/A A TREATMENT RE UII2EMENTS 1. The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas and/or existing BUA is bypassed. Y or N 4. Runoff from offsite areas and/or existing BUA is directed into Y or N the permitted SCM and is accounted for at the full build -out potential. 5. The project controls runoff through an offsite permitted SCM Y or N that meets the requirements of the MDC. 6. The net area of new BUA increase for an existing project has Y or N been accounted for at the appropriate design storm level. 7. The SCM(s) meets all the specific minimum design criteria. Y or N B. VEGETATED SETBACKS / BUA 1. The width of the vegetated setback has been measured from Y or N the normal pool of impounded waters, the MHW line of tidal waters or the to of bank of each side of rivers or streams. 2. The vegetated setback is maintained in grass or other Y or N on ve etati. 3. BUA that meets the requirements ofNCGS 143-214.7 (b2)(2) Y or N is located in the setback. 4. BUA that does not meet the requirements of NCGS 143-214.7 Y or N (b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water -dependent structures c. Minimal footprint uses (utility poles, signs, security G0 lightinR and appurtenances) 5. Stormwater that is not treated in an SCM is released at the i Y or N edge of the setback and allowed to flow through the setback as R, dispersed flow. �� E Page 3 of 6 OGM MN\11 State Stormwater Management Permit No. SW8 180512 OAs-built OO N/E ON/A C. STORMWATER OUTLETS — the outlet handles the peak flow from the 10 year storm with no downslo a erosion. y or N D. VARIATIONS 1. A variation (alternative) from the stormwater rule provisions y N has been implemented. or 2. The variation provides equal or better stormwater control and equal or better protection of surface waters. y or N E. COMPLIANCE WITH OTHER REGULATORY PROGRAMS has been met. y or N F. SIZING -the volume of the SCM takes the runoff from all surfaces into account and is sufficient to handle the required stone Y or N depth. G. CONTAMINATED SOILS — infiltrating SCM's are not located Y or N in or on areas with contaminated soils. H. SIDE SLOPES 1. Vegetated side slopes are no steeper than 314:1 V. Y or N 2. Side slopes include retaining walls, gabion walls, or other y or N surfaces that are steeper than 3H:IV. 3. Vegetated side slopes are steeper than 3H:1 V (provide Y or N supporting documents for soils and vegetation). I. EROSION PROTECTION 1. The inlets do not cause erosion in the SCM. Y or N 2: The outlet does not cause erosion downslope of the discharge Y or N point during the peak flow from the 10 year stone. J. EXCESS FLOWS — An overflow / bypass has been provided. Y or N K. DEWATERING — A method to drawdown standing water has Y or N been provided to facilitate maintenance and inspection. L. CLEANOUT AFTER CONSTRUCTION — the SCM has been Y or N cleaned out and converted to its approved design state. M. MAINTENANCE ACCESS 1. The SCM is accessible for maintenance and repair. Y or N 2. The access does not include lateral or incline slopes >3:1. Y or N N. DESIGNER QUALIFICATIONS (FAST -TRACK PERMIT) — The designer is licensed under Chapters 89A, 89C, 89E, or 89F of Y or N the General Statutes. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "WE", below. Attach additional pages as needed: RECEIVED 3uL 2 4 201E DCM-MHD CITY Page 4 of 6 State Stormwater Management Permit No. SW8 180512 AS -BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECTS I hereby state that I am a licensed professional and I certify by my signature and seal below that I have observed the construction of the low density project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1003 and is consistent with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS - BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. Check here if this is a partial certification. Section or phase? Check here if this is part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the Designer did not observe the construction but is certifying the project. Check here if pictures of the project are provided. Printed Name NC Registration Number SEAL: Date Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email Address: iD Circle N if the as -built value differs from the Plan/Permit. If \ is circled, provide an explanation on page 2. ©N/E = not evaluated(provide explanation on page 2 ©N/A = not applicable to this project / plan. Consultant's Certification (MDC .1003) OAs-built ©N/E GN/A A. Project Density and BuiWU on Area 1. The project has areas of high density based on natural drainage y N area boundaries, variations in land use or construction hasin . or 2. The project's built -upon area does not exceed the maximum limit y N specified in the permit. or B. Dispersed Flow —the project maximizes dispersed flow through y or N vegetated areas and minimizes channelized flow. C. Vegetated Conveyances 1. Stormwater that is not released as dispersed flow is transported y N b vegetated conveyances. or 2. The project has a minimal amount of non -vegetated conveyances y N to reduce erosion. or 3. Other than minimal piping under driveways and roads, no piping y or N has been added beyond what is shown on the a roved plans. 4. Side slopes are no steeper than 3H:1 V. Y or N 5. The conveyance does not erode in response to the peak flow from y N the 10 year storm. or D. Curb outlet systems -the project uses curb & gutter with outlets to y N grassed swales or vegetated areas that meet the followin criteria: or 1. The swale or vegetated area can carry the peak flow from the 10 y N storm at a non -erosive velocity. or 2. The longitudinal slope of the swale or vegetated areas does not Y N exceed 5%. or 3. The Swale has a trapezoidal cross-section and a minimum bottom y N width of two feet. or i 4. The minimum length of the Swale or vegetated area is 100 feet. Y or N 5. Side slopes are no steeper than 3H:1 V. Y or N E 6. The project utilizes treatment swales designed per Section .1061 in lieu of the curb outlets stem requirements. y or N Page 5 of 6 NO State Stormwater Management Permit No. SW8 180512 OAs-built (ZN/E I ®N/A E. Vegetated Setbacks 1. The width of the vegetated setback is 50'. Y or N 2. The width of the vegetated setback has been measured from the normal pool of impounded waters, the MHW line of tidal waters, Y or N or the top of bank of each side of rivers or streams: 3. The vegetated setback is maintained in grass or other vegetation. I Y or N 4. BUA that meets the requirements ofNCGS 143-214.7(b2)(2) is y N located in the setback. or 5. BUA that does NOT meet the requirements of NCGS 143- 214.7(b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway, or sidewalk) y N b. Water dependent structures or c. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights. 1 6. The amount of BUA within the setback is minimized and Y N channeling of the runoff from the BUA has been avoided. or �—T Stormwater is not discharged (via swale or pipe) through a vegetated setback. Stormwater is released at the edge of the j y N setback and allowed to flow through the setback as dispersed or flow. F. Outlets — stormwater outlets do not cause erosion downslope of the y N discharge point duringthe peak flow from the 10 year storm. or G. Variations — the project has variations from the MDC that were not y N previouslyapproved. Modification may be required) or $ Deed restrictions (if required) — are recorded and ensure that the project and the BUA will be maintained in perpetuity consistent with Y or N the permit, approved plans and specifications. L For Subdivisions Only esidential or Commercial 1. The number of platted lots is consistent with the approved plans. Y or N 2. The project area is consistent with the approved plans. Y or N 3. The layout of the lots and streets is consistent with the approved y N plan. or 4. The width / radius of streets, paved accesses, cul-de-sacs and y N sidewalks is consistent with the approved plan. or 5. No piping, other than those minimum amounts needed under a y or N drivewayor under a road, has been added. 6. The lot grading, road grading, vegetated conveyances, piping, y or N inverts and elevations are consistent with the approved plans. Provide an explanation for every MDC that was not met, or for every deviation from the permitted condition below: RECEI\JED 242016 Page 6 of 6 Coastal Management ENVIRONMENTAL OVALITY TP1 LLC c/o Michael Hackeling 265 Racine Dr. Wilmington, NC 28403 Dear Mr. Hackeling: January 12, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 9 The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure _Sincerely, Douglas V. Hugge t Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 DCM Coordinator:14 Q Permit #: unaawui �uy Morehead City Washington Wilmington, US ACOE Offices: Washington: UI& kwau rovINcu wuin plan uiawuigN) 6�03 -DeWL1 ( d S4w1t'/VUL r -� GwTK �aC�eTtoi� ICtKt'7 4s sFa„ leame zv) )oNw,n A Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) I Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley / Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris / Shellfish Sanitation: Shannon Jenkins i State Property: Tim Walton DEMLR/DWR: Karen Higgins Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) / Chad Coburn — 401 (Brunswick, New Hanover) yr� Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Traavi§ Wilson / Ij LPO: 1ba"CU lSal(a NG/ A1� L "L Fax Distribution: Permittee #: Agent To demonstrate not only the consistency, but also an improvement beyond recently permitted and permissible structures under the current rules, also attached is a summary of permits issued within this one cove since the implementation of the current rules. While there are 10 apparent structures permitted or constructed since 1999 in this vicinity in similar water depths, only 6 had permits on file that could be located at the Wilmington DEQ office. Of these 6 permits, 4 of the structures were authorized with General Permits. All 4 of these authorized structures included floating docks, the 3 most recent General Permits included stops on the floating docks. All 4 structures also included lift slips, without stops. The 2 structures authorized with Major Permits also included floating docks and lifts. Both floating docks had stops and both lifts were without stops. Also note General Permit #5485 for 1636 Sunset Lane, issued on 6/18/10. This General Permit received a request for an administrative hearing to challenge CAMA General Permit #54585. The third -party hearing request was denied and the permit was reinstated. We trust these modifications and demonstrated design improvements address all agency concerns and recognize that should this application receive approval, it will provide a responsible example as other similar applications may come forward providing for improvement programs to correct or preserve the quality of this waterfront corridor. Should any agencies still object to the project and DCM is unable to authorize the project as proposed, we would like to request a meeting with Doug Huggett, Christine Goebel and Braxton Davis to discuss the determination prior to pursuing alternative options. Sincerely, RECEIVED Greg Finch JUN 2 2 2018 Land Management Group, Inc. Enclosures: As stated NIP SECTION MHD Cc: TPl, LLC www.lmgroup.net . Phone: 910.452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 4. DCM MP-1 Section 6.0 Additional Information 4.1 Section 6. a. Project Narrative 4.1.1 Project Location and Existing Conditions The project is located on Myrtle Grove Sound adjacent to the Atlantic intracoastal waterway at 214 Williams Road in Wilmington, New Hanover County. The applicant purchased 214 Williams Road in May 2017 and subdivided the property into two lots, 214 and 216 Williams Road. A recorded plat is included in Appendix B. The property currently contains a portion of the original single-family residence and an existing fixed pier and mooring pilings that will be removed. The project area waterbody is classified as SA, ORW and is not open to shellfishing. The project area is designated as a primary nursery area, no SAV or shellfish resources are present. 4.1.2 Proposed Action One single family residences and associated utilities, parking and driveway is proposed. The entire lot is within the 575' AEC and the proposed building footprint (31' x 42') covers 1,302 s.f. The driveway and parking will use pervious concrete or equivalent pervious material so that the total impervious surface of the lot is 10% of the lot area above the coastal wetland line. The proposed open deck area within the 75' COD will not exceed the existing deck area (to be removed/replaced). Sewage will be treated by the permitted septic system (documentation attached). One 258-foot-long by 6-foot-wide fixed pier, extending out to the existing pierhead line, is proposed to provide water access to the lot. The pier will have a 20-foot by 20-foot covered gazebo (roofline) and a single boat lift. Due to the shallow water depths in a primary nursery area, the boat lift will use 8-inch pilings as stops to ensure a robust construction methodology that last the life of the structure to protect the resource. The stops will be placed so as to not disturbed the bottom themselves and bolted to the lift pilings so that the bottom of the boat cradle is at least 1 foot off the bottom, rendering the top of the bunk boards and bottom of the boat hull at least 2 feet off the bottom. Prior to use, at least 2.5 to 3 feet of water depth would be needed to float a boat off the bunk boards eliminating any concerns of bottom impacts associated with the proposed boat lift. See Appendix A, sheet 4 for details. Application for Major Development Permit — February 2018 214 Williams Road New Hanover County, North Carolina F?EC;F_! VED DCM WILMINGTON, NC FEB 262018 RECEIVED M,A'022019 ter. H L CITY '� 1 :..,, iyi' �i 11 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director File Note: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, DCM Assistant Major Permit Coordinator SUBJECT: TP1 (214 & 216 Williams Rd., Wilmington) Greg Finch LMG (Agent) DATE: 7/11/18 Project was initially Heather Coats and was transferred to Gregg Bodnar after HC moved into the Beach and Inlet Management Coordinator position. Comments from the Fisheries Resource Specialist and WRC were not favorable of additional impacts to PNA (216 Williams). Fisheries was not in favor of any structure and ARC was not in favor of expansion of 216 Williams. USACE issued through GP56 and DWR 401 requested stops be conditioned. Please see Processing Notes for Timeline. Fisheries and WRC held to original comments. Discussed project with Doug Huggett and it was determined that 214 Williams would be permittable since existing structure is at property and stops on lift would be minimization over existing. 216 Williams would be a denial due to new facility with slip in PNA waters with insufficient depth and resource agency concerns. 7/31/18 UPDATE Agent requested that 214 Williams move forward with 1 slip facility and 216 Williams will be redesigned to an observation pier covered gazebo with step down. 12/10/18 UPDATE Objector notification of 8/15/18 was not mailed to objecting parties. Information regarding notification on 12/10/18 was provided via email to objecting parties with a scanned copy of original 8/15/18 notification and permit. Agent was notified of issue and to date water dependent portion of project has not commenced per Courtney Spears. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Wednesday, July 11, 2018 10:51 AM To: 'Greg Finch' Subject: RE: [External] 214 and 216 Williams Road -New Hanover County Afternoon Greg, I've caught up from my time off and fires, and was able to review your points. 1629 Sunrise Lane - 114-98 was issued Pre-1999 and consisted of a 6x18 floater and 2 lifts in -1.5' at NLW. 147-07 was a rebuild that reduced the floating dock size to 6x16 with 1 lift in an existing slip. DMF comments noted serious concerns with kicking potential and requested 12" stops. 1644 Sunrise Lane - 84-98 was issued Pre-1999, and consisted of a platform and 6x18 floating dock. Depths on the workplan note -1.5ft at NLW. 171-08 was issued to replace the existing facility after it was damaged by Hurricane Floyd. The floating dock was reduced to 6x16 and proposed stops. In 2009 a minor mod was issued that further reduced impacts from the existing wet slip by authorizing a boatlift with stops. This type of minimization, proposing a lift with stops in an existing wet slip or placing stops on an existing floating dock, is common. 212 Williams Rd - The 1997 GP was issued to rebuild an existing facility destroyed by Hurricane Fran. Again the lift in 2001 was in an existing slip, seen as minimization. 1636 Sunrise Lane - 14-11 authorized an access pier over coastal wetlands to access an existing facility, so I am not sure about your comment that the project went before the CRC. I could not find any record. GP 54585 issued in 2010 did install a lift in an existing slip, but no record of agency coordination is available. So overall much of the development was Pre-1999, had acceptable depths for the time, or was minimizing existing impacts though lifts and/or stops. Over time agency concerns can shift, deficiencies in knowledge are filled, or errors are corrected. So based off agency concerns and our rules for 216 Williams (a new docking facility with a slip in PNA with inadequate water depth), is a denial. As for 214 Williams, where the existing platform and lift are, that can be authorized due to the redesign of the existing facility with minimization (stops). I hope I've answered all the questions/points you posed. If you have any additional questions let me know. I have received all comments back from the redesign, DMF and WRC came back upholding their original comments. The project is on Applicant Hold, so let me know how you would like to proceed concerning the Hold. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(rDncden r.gov 400 Commerce Ave Morehead City, NC 28557 t: Nothing Compares.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Greg Finch [mailto:gfinch@lmgroup.net] Sent: Friday, June 29, 2018 4:22 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] 214 and 216 Williams Road -New Hanover County Thanks Gregg. I hope that you have a nice week off, I know everyone has been super busy so I'm sure you were looking forward to it. Couple quick counter points: While 1636 Sunrise structure was pre 99, all three Sunrise Lane piers went through the permit process again afterwards, as noted in the table and attached permits (noted NEW in the permit class). 1629 and 1644 through the major process in 07 and 08 so DMF did comment on those. 212 structure was pre 98 but added a lift in 01. 1636 went before the CRC Chairman and was deemed consistent with the rules. The rational and precedent was that if a floating dock used stops at 18" and a lift was proposed then that mitigated any potential PNA impacts. Or just a fixed pier and lift, without stops. Given time, I could produce many permits showing this precedent. So unless I'm missing something all of all referenced permits and the precedent is very relative. Is it DCM's position to move for denial of the permits (lifts)? Greg Finch I Environmental Scientist Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: afinch(almgroup.net Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmeroup.net From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, June 29, 2018 3:16 PM To: Greg Finch <gfinch@Imgroup.net> Subject: RE: [External] 214 and 216 Williams Road -New Hanover County Afternoon Greg, Thank you for the permit history attached to the revised application. I did a review of those permits and wanted to pass along the information... 1629 Sunrise Lane 1644 Sunrise Lane 1636 Sunrise Lane 7659 Myrtle Grove Rd 212 Williams Rd 214 Williams Rd Permits were pre 1999 Permits were pre 1999 Structure was existing in 1998 Depth is listed at -1.5ft at NLW Structure was existing in 1998 No new information It seems that 214 Williams was issued in 2006 and reissued in 2007 without any consultation with DMF for water depths less than stated in 7H.1205, (same can be said for 7659 Myrtle Grove). Though I cannot speak to the rational for the issuance of those GPs, it seems they were issued in insufficient water depths within PNA for docking facilities under 7H .1200. At this time I have only received DMF comments, which I have attached. I anticipate that comments from WRC will be similar. I have not heard anything yet concerning any changes to the issued 401 or GP56. The revised plans were sent out on 6/22, and I have send out another request for comments. I'll be off next week on leave, and will touch base when I get back concerning any comments that have come in during my absence. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(lg ncdenr,gov 400 Commerce Ave Morehead City, NC 28557 of - Nothing Compares. , , ,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Greg Finch [mailto:gfinchC@Imgroup.net Sent: Friday, June 29, 2018 8:07 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov_> Subject: RE: [External] 214 and 216 Williams Road -New Hanover County Hey Gregg, Hope all is well. Any chance to hear something on these projects prior to the upcoming holiday? Greg Finch I Environmental Scientist Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@Imgroup.net Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov_> Sent: Friday, June 22, 2018 8:05 AM To: Greg Finch <gfinch@Imgroup.net> Subject: RE: [External] 214 and 216 Williams Road -New Hanover County Morning Greg, I will distribute today and review with updated plans with staff as well. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg Bodnar(d)ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Nothing Compares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Greg Finch [mailto:gfinch@lmgroup.netl Sent: Thursday, June 21, 2018 1:54 PM To: Bodnar, Gregg <greRR.bodnar@ncdenr.gov> Subject: [External] 214 and 216 Williams Road -New Hanover County Gregg, Please see attached materials for the Subject projects. We revised the layouts to address agency comments and provided supporting materials. A complete set drawings is included for each property to alleviate, any confusion over which ones had changes. Let me know if there are any questions. Thanks, Greg Finch I Environmental Scientist Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@lmgroup.net Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net Summary Table ID Tax Panel Property Address Ownerlsl/Aoolicantlsl Permit Type Issued Perm It Permit Structure Depth @End of Structure -4199 Jn fixed pier, gazebo, floating dock 1 R08207-002-022-000 1629 Sunrise Lane Edward and Bonnie Ricciardelli Major 31-Aug-07 114-98/ 147-07 (Rebuild) with stops, I boat lift and 1 wet -0.5' @ MLW slip Kathleen Sinar(New permit issued to /[ Floating 2 R08207-002-023-000 16445unrise Lane Rodney Ringler. July 98-New Permit Major (New)/Major (New) 29-July-98/24-0ct-OB 84-98/17I-008 clock wiih sops,Irbo dock with stops, Shoat lift and -0.8'@MLW and modification issued to Edward 1 we[ slip Mayorga. Oct 081 :SN l498 G 1999 3 R08207-002-024-000 1636 Sunrise Lane Lowell and Sarah Mason General (New)/General 28-June-30/16-Sept-10 54585/5 (Modification) fixed pier, platform, floating -1.0'@MLW (Modification) (Modification) CDvtt Q4'�r (6TR� dock with stops, and boat lift IS Q 4 R08211-001-011-000 7659 Myrtle Grwe Jeihev and Teresa tarter General (New Dock)/ 14-July-11/November-15 4 54014/66223 toed pier, gazebo, Floating dock -1.5'@NLW �d General (Bulkhead) with stops, and boat 2lifts and 5 RD8207-002-007-000 212 Williams Road Stephen and eeth Spain (issued to General 20-Mar-01 27402-D fixed pier, platform, floating dock without stops, and boat -0.5' @ MLW Bradley Dalton) I8t TPS LLC(New permit and reissue to General (New)/General 7-Aug-06 / 2-Feb-07 fixed pier, platform, and boat 6 R08207-002-006-M 214 Williams Road Marvin Bins) (Complete Reissue) (Reissue) 42840 lift <1.0' @ NLW �7�(Reissue) �l 1� � Ibr3t�_5u i 3 li(-l( hee�(e� c'RC._ JGcioKCC � �n bEt(in ��S �Q'' i Ula C Bodnar, Gregg From: Greg Finch <gfinch@lmgroup.net> Sent: Friday, June 29, 2018 4:22 PM To: Bodnar, Gregg Subject: RE: [External] 214 and 216 Williams Road -New Hanover County Categories: Important Thanks Gregg. I hope that you have a nice week off, I know everyone has been super busy so I'm sure you were looking forward to it. Couple quick counter points: While 1636 Sunrise structure was pre 99, all three Sunrise Lane piers went through the permit process again afterwards, as noted in the table and attached permits (noted NEW in the permit class). 1629 and 1644 through the major process in 07 and 08 so DMF did comment on those. 212 structure was pre 98 but added a lift in 01.' 1636 went before the CRC Chairman and was deemed consistent with the rules. The rational and precedent was that if a floating dock used stops at 18" and a lift was proposed then that mitigated any potential PNA impacts. Or just a fixed pier and lift, without stops. Given time, I could produce many permits showing this precedent. So unless I'm missing something all of all referenced permits and the precedent is very relative. Is it DCM's position to move for denial of the permits (lifts)? 1, '^ IV— (OCAfiwl -��b(rd e�--4�cis Greg Finch I Environmental Scientist Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@lmgroup.net Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, June 29, 2018 3:16 PM To: Greg Finch <gfinch@lmgroup.net> Subject: RE: [External] 214 and 216 Williams Road -New Hanover County Afternoon Greg, Thank you for the permit history attached to the revised application. I did a review of those permits and wanted to pass along the information... 1629 Sunrise Lane Permits were pre 1999 !,%A =17C FILESW2AT-174C—Williams Rd. 214, Michael HBkhat ZRAcasenal 3oundafies are approximate and are not meant to be absolute. SCALE 1" = 200' Nao Source: 1998 NAPPAedal Photoamohv (when printed at 11"xfl°) 214 Williams Road I LMG New Hanover County, NC June 2018 I 3805 Wtlghtsville same LMG k 02-17-174C Wllmirmon, NC 28403 Figure 1 1998 Aerial Photograph LaCA =17 CAMAFILM2-17-174C— Wllllams Rd, 214. Michael Hacklirgl G%asemap.cdr oundaries are approximate and are not meant to be absolute. an Source: 2002 NHC Aerial Photoaruahv 10 Tax Parcel Property Address 1 R08207-002-022-000 1629 Sunrise Lane 2 R08207-002-023.000 1644 Sunrise Lane 3 R08207-002-024-000 1636 Sunrise Lane 4 R08211-001-011-000 7659 Myrtle Grove Road 5 R08207-002-007-000 212 Williams Road 6 R08207-002-006-000 214Willlams Road SCALE 1" = 200' (when printed at 11'x17') 214 Williams Road LMG New Hanover County, NC _ �•• Figure 2 2002 Aerial Photograph June 2018 3805 Wrighhtsvillet.ik Avenue LMG # 02-17-1 ]4C W Ilmirgtan, NC 284 W L:tCAMA=7C AFILEM2-17-174G—Williams Rd.214. Michael HacklinglGlSbasemap.oa loundades are approximate and are not meant to be absolute. lap Source: 2015 NAPP Aadal Photography ID Tax Parcel Property Address 1 RGB207-002-022-000 16295undse lane 2 R09207-002-023-00D 16445undse lane 3 R08207-002-024-000 1636Sundse Lane 4 R08211-001-011-000 7659 Myrtle Grove Road 5 R08207-002-007-000 212 Williams Road 6 R08207-002-006-000 2140111ams Road SCALE 1" = 200' (when printed at 1Vx17`) 214 Williams Road LMG�,�,�, New Hanover County, NC Figure 3 wWrightghhmaa.net 2015 Aerial Photograph June 2018 3805 Wdville Avenue LMG # 02-0]-1]40 Wilmington, INC 28403 Phone: 910.452.Oo01 Fae:910.452.DOW E�rCAMA / O'DREDGE &. FILL GENERAL ' PERMIT dNew ElModification OComplete Reissue Previous permit # As authorized bythe.State of North Carolina, Department of EnY❑ronm nt and Natural Resources Date previous permit issued�— and the Coastal Resources Comrmissi�o]n�ssue in an area of environmental concern pursuant to I SA NCAC fY'k.•if'ys9 ..wax 5.SF'Arf /+." Applicant Name dt3 ,,{s�( r �, ' ${ Project Location: CountyRules•attached. ( Address dt�f' >•' '�'�; � h •i tee,.. /� ?^4 Eflo- �.... Ca�d4, '' r t t° Street A `ddress/ State Road/ Lot #(s) tyt',! Y� s�j State ZIP h'f a !wn '• r tPHon - k �k��ta4 � a;�) t Author zed Agent r i�#— Subdivision C3lCW City Affected a� o-PTA ❑ES ❑PTS zip AEC(s):-oEA ❑ HHF ❑ IH Ph # ❑ UBA ❑.N/A one. (,) _`i r -ayr ElPWs: River Basin ❑FC: _ Adj. Wtr. Bod ; : ", DRW; iyes+/ no DNA "Il 1. an unkn no m (. f. Crit.Hab. yes / no closest Maj. Wtr. Body -- Type ''r -- 'Type of Project/ Activity " F 'x � ✓Per (dock) length f%^ '�_ '�[.�.(t ' FPinger piers) r "- t- �SCale O 12x G Groin length rnumbe_l Bulkhead/ RiPraPen th avg distance offshore + '- -}- - max d,stanceot&hore - j n� �}�'♦ i _ _+� _S I -i { ' { Basin, channel!jr dtrt�' +4, x}("' ,i--� i r_ jf I ( -� t"-'`�t- �'t`_�- ' .•.-I S}x i W(' .. cubic yards r l P Boatram I Boathouse/'BoatLk c Beah Bulldozing L t Ohe J�------ r i— TI �. i I I - - Shoreline Length notsure y said ?Ss: notsure es y no SAV; es no : .,•a . t lei' x I �' .. I `"1 -j--i � i..::.. Imo... t I '7__: IL I._ 'Moratorium: Naes z ) , 1 - 1 r ,Photos:. yes no Le'a y� !IJ I f r I{.. I y WAiverAttached: ` yes' � ti�`-I'�! i I"�`r`1 ��llF �i-Q ,T ` j Y 1 L J. - t A building Permit May be required by- r ! t Notes/ Special Conditions %^!t "� (❑ t/ See note on back regarding River Basin rules. Jt 56 .arT ^Ftl.7 r''f c. r r rLaC1.77 r � n' troy. r'• cr-tJ_ /.� I Ag nt or Appkcant Permit Officers Signa[ure d..»x� T Signre. a"k'Please read compliancestatement'on back ofpermit**rxpf 1''} ,..p ') Isswng Date '' � f�f Expiration Date - CFieck# -Local Planningjurisdiction r �� •�f%/!, ` - Rover File Name. t � CAMA / ,- i DREDGE & FILL 9WNew ENERAL PERMIT C4 odificatlon ;._Complete Reissue ❑Partial Reissue Previous permit #_ As authorized by the State of North Carolina, Department of Environment and Natural Resources Date previous permit issued {: Z y. ;-�Y and the Coastal Resources Commission in an area of environmental concern pursuant to so Resources r j ,,f PP a Z,11,ye ��1''`L"' 47144 p' i r�satt ¢�/ _ Project Location: County r Rules attached. Addriesst.N_�-rLjr� tY �`f'1d- Street Address/ State Road/ Lot #(s) City f! — State 4,vZIP t % c Phone # < I . "7"> e �. --_--_ „afar. r (1�.),t?a y Fax # (—) Authorized Agent —------- -----___-.__- Subdivision '.. -------____ -- -- ---.._ -- City - -- aPTA -__ _ ZIP Affected CW DEW *6 .:u PTS -- _--- �iOEA ❑ HHF Phone # ( ) r AEC(s): ❑ IH 13 USA � N/A - River Basin --- - - "� PWS: ❑FC: Adj. Wtr. Body ORW yes / no PNA ,.. ,(nat /rnan /ynkn) �es / no Crit.Hab. yes / no Closest Maj. Wtr. Body Fpie(s) / Activity '-" Y •n i 1" tit" P -. (Scale: �t.�i"•• fr�' Groin length number Bulkhead/ Rlprap length avg distance offshore max distance offshore?`: Basin, channel yt. j (`y �jt cubic yards_ Boat ramp'tl i?ti}d•tid�t`tt' ( "� Jyt Boathouse/Boatlih__/ c c•s`i { �'r'��/"��, Beach Bulldozing i Other Shoreline Length SAV: not sure yes no Sandbags: not sure yes Moratorium: n(a yes n,� R � � pl/ki Photos: yes fia Waiver Attachedyes : �o^ A building permit may be required by: /7 See note on back regarding River Basin rules. Notes/ Special Conditions � ,a i t ` � J f a Agent or Applicant Printed Na e -,- Per-nWificcer'r'sxSignature Signature Please read complian - _-'------/-J'--Pty-� fiti5 ,(g cestatementon back of permitssuingDate _EDate - 3 APPlication Fee(s) _..._- -.__.-._-d....--0! '. �.._f�.ctb.dr.- dl4,t Check# Local Plannmgjurisdiction - — RoverFileName DREDGE & FILL ®F-,'CAIVIA/ GENERAL PERMIT Previous permit # Aevv -]Modification :Complete Reissue L] Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A N Applicarit Name TV .0 1--!Ruies attached.. Project Location: County___ Address Street AddYess/ State Road/ Lot #(s) City AZ2 State VC ZIP Phone # Fax # Subdivision Authorized Agent city ZIP CW IEW Affected PTA ES PTS Phone # —)—RiverBasin__ AEC(s): OEA HHF Pws, 1H UBA F-i N/A �FC .4 Adj. Wtr. Body �H ��, �� I Ji, (naOrnanjunicri) CRW: yes no PNA yes I no Crit.Hab. yes I no Closest Maj. Wtr. Body tk Type of Project/ Activity n.1, 1"k lee 71r!``>r/,P-/ �,l ,n (Scale: Pier (dock) lengthy atform(s) Finger pier(s). Groin length number ---- Bulkhead/ Niamp length avg distance offshore mu distance offshore V1 Basin, channel cubic yards -4 Beat ramp Boathou Bcadif$ - 4— -4-1 Beach Bull�q Other Shoreline Length Z I SAY: not sure yes 'no Sandbags: not sum yes no Moratorium: n1a yes no Photos: yes no Waiver Attached: yes no A building permit may be required by: Notes/ Special Conditions J,U4� c�i , ) // % " I!,,, // e, p v, Agent or ApplicantPrinted Name Sign tore Pease read compliance statement on back of permit Application Fee(s) Check # ldkr j I See note on back regarding River Basin rules. PermitOfficerlssignatu e IssuingDate ExpirationDite Local Planningjtkisdiction Rover File Name Ctv� Applicant Name CAMA and DREDGE AND FILL 27402_ 1) G E N E R A L PERMIT as authorized by the State of North Carolina Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC ' T+4 , L.6 0 Phone Number54 City State N zip `t Project Location (County, State Road, Water Body, etc.) _ U,s-f f_ it i"J t= Lo t'-P'-r'J Ls'v Y i� n . Type of Project Activity PROJECT DESCRIPTION S TCH (SCALE: (tt= SO ) Pier(dock) Length Groin Length number Bulkhead Length ir,t max, distance offshore i Basin, channel dimensions f I 111. I - ' cubic yards i i i ...... ..__ ._. ...... -.._ rM1.-.. fj ... �....�. ... Boat ramp dimensions L �. __. ..... _^. _..__ Oche f qq,,pp _ '--�--- 1 x # A i L This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit of- ficer when the project is inspected for compliance. The applicant certi- fies by signing this permit that 1) this project is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. �r _ applicant's signature permit officer's signature issuing date expiration date •ry,.� }-� attachments application fee �i� Applicant City 'CERTIFICATION OF EXEMPTION _---_ FROM REQUIRING A CAMA PERMIT asauthorized,by the, State of North Carolina, Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC Subchapter 7K .0203. _.o l,WJ t Lso•,r,i Phone Number etc.) State Zip c. 3 The proposed,projecftdbe locatedand constructed as described This certification of exemption from requiring.a LAMA permit is abovei's hereby certified as exempt from the CAMA permit re- valid for 90 days from,the date of issuance. Following.expiration, quirement pursuant to 15 NCAC 7K .0203. This exemption'to a re-examination of the project and project site may be necessary CAMA permit requirements does not alleviate the necessity of to continue this certification. your obtaining any other State, Federal, or Local authorization. SKETCH (SCALE: ( = S p ) i _PR"i" v )a.,; , II� iT i v_._� _ � its �wthiaµs tz Y a' Al' r t fi t Any person who proceeds with a development without the con"" sent of a CAMA official under the mistaken assumption that the developmentis exempted, will be in violation of the CAMA if there is a subsequent determination that a permit was required for the development. The applicant certifies by signing this exemption that the ap- plicant has read and will abide by the conditions of this exemp- tion, and (2)a written statement has been obtained from adjacent landowners certifying that they have .no objections to the proposed work. Applicant's s ign tur? CAMA Official'ss griature �S- Q, -` l 7 Issuing date -)_31-9 Expiration date Attachment: 15 North Carolina Administrative Code 7K.0203 L�_..—.._.:- --._ _. — ._ - — z. I ..____ J CAMA/ DREDGE &FILL I�, I4=rq GENERAL PERMIT Previous permit# ,,New Modification i.._IComplete Reissue _. Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC` {�f�.� {' Rules attached, x . Applicant Name fi '! V I N - �t 7 _ _ Project Location: County ,V eJ l���ti� ✓�/Q �' Address j l� /1/ �� ; ` _ Street Address/ State Road/ Lot #(s) _AyM-Q City -yN State ZIP,'U1 Phone # -:�5Ika—x # O_ Subdivision -- - [, Authorized Agent _ _ City-YY} /� ' A ZIP_{y t Affected . CW "EW ',AA SKS -PTS Phone# (�%I�_)�_ %�� River Basin OEA ..HHF IH OUBA UN/A AEC(s): : FC: Adj. Wtr. Body_//P 1�✓1°_x; at lrnan (unkn) PWS y) A ORW: yes i no PNA yes,{ no Crit. Hab. yes / no Closest Maj. Wtr. Body Type of Project/ Activity Pier (dock) Finger pier(s)r -p Groin length _ _ rol ' number _ _ — -- 1,0 , 1 J ,i'f Bulkhead/ Riprap length _ J"� � avg distance offshore max distance offshore Basin, channel cubicyards. Boat ramp. Boathou4e/ Bcatlitt K 0 _ Beach Bulldozing_. Other Shoreline Length SAV. not sure yes no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no/ Waiver Attached: yes no -- A building permit may be required by: Notes/ Special Conditions e Aglint or Applicant Printed Name Signature '+Please read compliance siatemeilifgn6ack of permit *{' CAJ /001 Application Fee(s) Check# (Scale: _ ) See note on back regarding River Basin rules. ll Per Officer's Signature oe Issuing Date Expiration Date Local Planningjurisdiction Rover File Name VC AMA / L ] DREDGE & FILL ®GENERAL PERMIT Previous permit # [-New 7Modification F-,Complete Reissue GPartial Reissue Date previous permit issued a "r As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC Rules attached. Applicant Name 4,fe""o t " Project Location: County Address/� d-'Vj 11lir-vn, l'�-�r_ _ Street Address/ State Road/ Lot #(s)_ City ?:,fit .�/Mi n! )!1'E_� State. ZIP Phone # ( ) 4Q . 2?52 Fax # ( ) Subdivision Authorized Agent — _ city ZIP_ Affected atw -ig, W PTA — -ES PTS Phone# ( 'li.a*r/ River Basin AEC S : :OEA ] HHF C IH UBA N/A Ad'. Wtr. Bodyf : , I - >lx�� S ��•>- .(oal./man /unkn) I I PWSi Fc ORW yes / no PNA .yes / no Grit. Hab. yes / no Closest Maj. Wtr. Body Type of Project/ Activity (Scale: ) Pier (dock) length Platform(s) Finger pier(s) I Groin length number �. _l rrr`/. Bulkhead/ Riprap length avg distance offshore_ max distance offshore_ Basin, channel cubic yards Boat ramp - - - Boathouse(Boatiih—'),"� _ - - � - ----- ---_- -_- Beach Bulldozing_J_ Other Shoreline Length W, notsure yes no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no A building permit may be required by: Notes/ Special Conditions Agent or Applicant Printed Name Signature ** Please read compliance statement on back of permit Application Fee(s) Check# See note on back regarding River Basin r.:ies. i1 F Permit Officer's Sign/awre Z ; ( _;) __ Issuing Date Lod PlanningJurisdiction ,Y. Expiravon Date. -- Rover File Name Bodnar, Gregg From: Dunn, Maria T. Sent: Monday, July 02, 2018 1:40 PM To: Bodnar, Gregg Subject: RE: [External] 214 and 216 Williams Road -New Hanover County I must concur with Curt —the changes really didn't change the impacts that were to occur in the original project design. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Friday, June 29, 2018 1:36 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Coburn, Chad <chad.coburn@ncdenr.gov>; 'Hair, Sarah E CIV CESAW CESAD (US)' <Sarah.E.Hair@usace.army.mil>; Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: RE: [External] 214 and 216 Williams Road -New Hanover County Afternoon all, I received an update request from the agent this morning on the TPl redesign. So I offered to send out another request for comments. Curt already replied no change in comments from existing. I'll be off on leave next week so have a great 4th everybody, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(6ncdenr.00v Bodnar, Gregg From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, June 29, 2018 3:40 PM To: Bodnar, Gregg Subject: RE: [External] 214 and 216 Williams Road -New Hanover County CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Hey, Did you need anything from me on this? Tyler issued the permits back in April under the original plans. I can either reissue with the revisions or make a note to the file. Just let me know if you would like something official. Liz -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Friday, June 29, 2018 1:36 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Coburn, Chad <chad.coburn@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: [Non-DoD Source] RE: [External] 214 and 216 Williams Road -New Hanover County Afternoon all, I received an update request from the agent this morning on the TP1 redesign. So I offered to send out another request for comments. Curt already replied no change in comments from existing. I'll be off on leave next week so have a great 4th everybody, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg.Bodnar@ncdenr.gov <mailto:Gregg.Bodnar@ncdenr.gov> 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Friday, June 22, 2018 8:38 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Coburn, Chad <chad.coburn@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: FW: [External] 214 and 216 Williams Road -New Hanover County Morning all, Here are the revised plans, including MP forms and history/background supplied by Greg Finch (Agent). In summary he has minimized the gazebos and pushed the lifts out to the Pier Head Line. Please review and provide any comments/questions when available. Thanks again for the review, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg.Bodnar@ncdenr.gov <mailto:Gregg.Bodnar@ncdenr.gov> 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Greg Finch [mailto:gfinch@]mgroup.net] Sent: Thursday, June 21, 2018 1:54 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov <mailto:gregg.bodner@ncdenr.gov> > Subject: [External] 214 and 216 Williams Road -New Hanover County CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. <mailto:repo rt.spam@nc.gov> Gregg, Please see attached materials for the Subject projects. We revised the layouts to address agency comments and provided supporting materials. A complete set drawings is included for each property to alleviate any confusion over which ones had changes. Let me know if there are any questions. Thanks, Greg Finch I Environmental Scientist Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@lmgroup.net <mailto:gfinch@Imgroup.net> Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 Blockedwww.lmgroup.net <BlockedhttP://www.lmgroup.net/> Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, May 14, 2018 8:28 AM To: 'Greg Finch' Subject: RE: [External] 214 and 216 Williams Road - TP1 LLC Morning Greg, Per our discussion I have provided a link to our rules, 7H .0208 which discussed the general use standards for Estuarine Waters, 7H .0808(a)(2)(A) specifically for the location of development. The specific use standards (71-1 .0208 (b)) are also within this section. http://re po rts.oa h.state. nc. us/ncac/title%2015a%20-%20e nviro n menta l%20q ua I ity/chapter%2007 %20- %20coasta I%20ma nasement/su bcha pte r%20h/15a%20ncac%2007 h%20.0208. pdf If there is anything else please let me know. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(a�ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 </ Nothing Compares... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Greg Finch [mailto:gfinch@lmgroup.net] Sent: Friday, May 11, 2018 12:51 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] 214 and 216 Williams Road - TP1 LLC Hey Gregg, just tried to call but your extension was busy, could you please return a call to me? Thanks, Greg Finch I Environmental Scientist Direct: 910-452-0001 x 1928 1 Cell:910-470-4734 Email: gfinchCopirrigroup.net Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov_> Sent: Friday, May 11, 201812:17 PM To: Greg Finch <gfinch@Imgroup.net> Subject: FW: [External] 214 and 216 Williams Road - TPl LLC Afternoon Greg, I have attached the comments from WRC and DMF, (they are in line together, DMF commented in line after WRC). USACE will be kept in the loop for. any changes to the project. I have not heard from DWR 401 but they have already certified as well. So based on the comments from WRC and DMF they are not favorable of the reconfiguration that brought the piers to the established pierhead line. Give me a call when you can to discuss the next steps. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bod nar(a)ncden r. oov 400 Commerce Ave Morehead City, NC 28557 fct. Nothing Compares., Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties, From: Weychert, Curtis R Sent: Tuesday, May 08, 2018 3:45 PM To: Dunn, Maria T. <maria.dunn ncwildlife.org>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov_>; Coburn, Chad <chad.coburn@ncdenr.gov_>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil> Subject: RE: [External] 214 and 216 Williams Road - TP1 LLC I agree with Maria. I went out to the pier headline on my site visit and both properties had less than 1' of water at NLW. From: Dunn, Maria T. Sent: Tuesday, May 08, 2018 3:41 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.yov>; Coburn, Chad <chad.coburn@ncdenr.gov_>; Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair usace.armv.mil> Subject: RE: [External] 214 and 216 Williams Road -TP1 LLC It still looks like there is less than -1' at NLW and no minimization of structure impact. I did not formally object to the project, but I do not see how the concerns I stated in my response have been addressed. The NCWRC does not generally support boating activity and slips located within insufficient water depths due to a continued source of chronic sediment disruption and elevated turbidity associated with hull scraping, prop scour, and chronic bottom disturbance. These disturbances disrupt habitat, negatively affect feeding efforts, and clog respiratory systems. The lift, although designed to include stops, would adversely affect the area in the immediate vicinity as well as the path of ingress and egress to the dock. Since this area is designated PNA and there is no maintenance dredging associated with the project area, we would not support a petition for new dredging in the project area. We understand the previously permitted dock allowed access and we would not object to the continued use of this facility or o facility that lends itself to the some or less impacts.. Creating a shared access area with the adjacent lot could also provide access to both lots while reducing impacts from two separate structures. To avoid even more impacts to the shallow water habitats and substrates of the PNA, the applicant could consider an observation pier or a structure for kayak launching. From: Bodnar, Gregg Sent: Tuesday, May 08, 2018 3:12 PM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Weychert, Curtis R <curt.wevchert@ncdenr.gov_>; Dunn, Maria T. <maria.dunn ncwildlife.org>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair usace.army.mil> Subject: RE: [External] 214 and 216 Williams Road - TP1 LLC Hey Chad, Per our discussion via phone, this will be an informal process to determine if there is a ciorkable solution. Anything that results from it will be formalized in an application revision and redistributed to the concerned agancies. As always I'll keep you all in the loop. Gregg From: Coburn, Chad Sent: Tuesday, May 08, 2018 2:57 PM To: Bodnar, Gregg <gregg.bodnarC@ncdenr.gov_>; Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Hair, Sarah E CIV CESAW CESAD.(US) <Sarah.E.Hair@usace.armv.mil> Subject: RE: [External] 214 and 216 Williams Road -TP1 LLC Will LMG be submitting a formal response to all of the comments/additional information letters? From: Bodnar, Gregg Sent: Tuesday, May 8, 2018 2:50 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.sov>; Dunn, Maria T. <maria.dunn@ncwildlife.ors>; Coburn, Chad <chad.coburn@ncdenr.eov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hairc@usace.armv.mil> Subject: FW: [External] 214 and 216 Williams Road -TP1 LLC Hey all, Greg Finch with LMG would like to start a discussion into potential alternative designs for TP1 LLC (214 and 216 Williams Rd. New Hanover Co.). Due to agency concerns with the depth of water at the location, of the lifts in PNA, Greg would like to propose a modified structure that pushes the facilities out to the existing pierhead line with smaller gazebos. Greg has also provided additional information to clarify the stop design. As always, thank you all for your work! Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(a)ncden r.gov 400 Commerce Ave Morehead City, NC 28557 r` -5::-^idothtng Compares..-.; Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Greg Finch [mailto:¢finch@lmgroup.net] Sent: Tuesday, May 08, 2018 12:30 PM To: Bodnar, Gregg <Rreae.bodnar@ncdenr.eov> Cc: Huggett, Doug <doue.huaeett@ncdenr.eov>; Michael Hackeling <michaelh ideal-living.com>; Scott Stewart <scottstewart6933@vahoo.com>; Steve Morrison <smorrison(@Imgroup.net> Subject: [External] 214 and 216 Williams Road -TP1 LLC Gregg, As discussed, we would like to propose a solution that is hopefully amenable to both resource agencies and the applicant for 214 and 216 Williams Road and place the applications on hold while these modifications are discussed. Once the project was escalated to the major permit process, two separate permit applications and piers were proposed so that each lot could be sold with its own respective permit. Although there are configurations that would allow for more lifts, the applicant kept the design minimized to include a gazebo and just one lift for each property. The lifts were originally submitted and aligned to the established pierhead line, but based on updated riparian corridor information provided by DCM, the original design for the gazebos and lifts were moved landward to fit within the revised riparian corridor. After conferring with the applicant, I'd like to propose the following modifications to address agency comments: 1. Reducing the size of the gazebos from 16' x 16' with 20 x 20' roofline to 10' x 10' with 13' x 13' roofline. 2. Reducing the size of the gazebos allows both the gazebos and lifts to be moved waterward approximately 20'-24' into deeper water and out to the pierhead line. This also consequently addresses the unsubstantiated objections to the size of the gazebos from adjacent property owners. 3. The applicant has had a surveyor stake the riparian corridors/setbacks and pierhead line to ensure the structures will be constructed within these constraints and in the proper/permitted locations. This proposed change moves the lifts from approximately -0.25' to -0.35' MLW out to approximately - 0.60' MLW and near -1.0' MLW depths. For reference, I've attached a PDF that shows the original gazebo and lift locations for both 214 and 216 and a PDF of the proposed modifications. I'd like to clarify the lift and stop design which will alleviate any concerns about potential bottom impacts. Since typical 2" x 6" boards, used as stops, have been noted to cause future compliance problems after the boards deteriorate, the proposed boat lifts will use 8-inch pilings as stops to ensure a robust construction methodology that lasts the life of the structure. The stops will be placed so as to not disturb the bottom themselves and bolted to the lift pilings so that the bottom of the boat cradle is at least 1 foot off the bottom. This will provide the top of the bunk boards and bottom of the boat hull to be at least 2 feet off the bottom. Prior to use, at least 2.5 to 3 feet of water depth would be needed to float a boat off the bunk boards. This will eliminate any concerns of bottom impacts associated with the boat lift cradle, boat hull or operation of a boat. Please note the new revised design is significantly smaller, strategically positioned to mitigate superior water depths and addresses visual aesthetics due to the reduced size and location in the view corridor. Please also note that this proposal includes removal of the existing structure and slip which is located in much shallower water depths and does not have stops. The desired designed improvement program is an important improvement over the existing use, addresses a new program within full compliance rather than addressing the entitled minor improvement program to the existing pier. We trust these modifications address all agency concerns and recognize that should this application receive your approval, it will provide a responsible example as other applications may come forward for similar improvement programs to correct and improve the quality of this waterfront corridor. Upon receipt and review should you require clarification and/or additional information, please contact me. Thanks, Greg Finch I Environmental Scientist Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinchCc)_lmgroup.net Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Bodnar, From: Sent: To: Cc: Subject: Attachments: Gregg, Nil( W- JV feA Greg Finch <gfinch@lmgroup.net> Tuesday, May 08, 2018 12:30 PM Bodnar, Gregg Huggett, Doug; Michael Hackeling; Scott Stewart; Steve Morrison [External] 214 and 216 Williams Road - TPl LLC Williams Rd Modification.pdf As discussed, we would like to propose a solution that is hopefully amenable to both resource agencies and the applicant for 214 and 216 Williams Road and place the applications on hold while these modifications are discussed. Once the project was escalated to the major permit process, two separate permit applications and piers were proposed so that each lot could be sold with its own respective permit. Although there are configurations that would allow for more lifts, the applicant kept the design minimized to include a gazebo and just one lift for each property. The lifts were originally submitted and aligned to the established pierhead line, but based on updated riparian corridor information provided by DCM, the original design for the gazebos and lifts were moved landward to fit within the revised riparian corridor. After conferring with the applicant, I'd like to propose the following modifications to address agency comments: 1. Reducing the size of the gazebos from 16' x 16' with 20 x 20' roofline to 10' x 10' with 13' x 13' roofline. 2. Reducing the size of the gazebos allows both the gazebos and lifts to be moved waterward approximately 20'-24' into deeper water and out to the pierhead line. This also consequently addresses the unsubstantiated objections to the size of the gazebos from adjacent property owners. 3. The applicant has had a surveyor stake the riparian'corridors/setbacks and pierhead line to ensure the structures will be constructed within these constraints and in the proper/permitted locations. This proposed change moves the lifts from approximately -0.25' to -0.35' MLW out to approximately - 0.60' MLW and near -1.0' MLW depths. For reference, I've attached a PDF that shows the original gazebo and lift locations for both 214 and 216 and a PDF of the proposed modifications. I'd like to clarify the lift and stop design which will alleviate any concerns about potential bottom impacts. Since typical 2" x 6" boards, used as stops, have been noted to cause future compliance problems after the boards deteriorate, the proposed boat lifts will use 8-inch pilings as stops to ensure a robust construction methodology that lasts the life of the structure. The stops will be placed so as to not disturb the bottom themselves and bolted to the lift pilings so that the bottom of the boat cradle is at least 1 foot off the bottom. This will provide the top of the bunk boards and bottom of the boat hull to be at least 2 feet off the bottom. Prior to use, at least 2.5 to 3 feet of water depth would be needed to float a boat off the bunk boards. This will eliminate any concerns of bottom impacts associated with the boat lift cradle, boat hull or operation of a boat. Please note the new revised design is significantly smaller, strategically positioned to mitigate superior water depths and addresses visual aesthetics due to the reduced size and location in the view corridor. Please also note that this proposal includes removal of the existing structure and slip which is located in much shallower water depths and does not have stops. The desired designed improvement program is an important improvement over the existing use, addresses a new program within full compliance rather than addressing the entitled minor improvement program to the existing pier. We trust these modifications address all agency concerns and recognize that should this application receive your approval, it will provide a responsible example as other applications may come forward for similar improvement programs to correct and improve the quality of this waterfront corridor. Upon receipt and review should you require clarification and/or additional information, please contact me. Thanks, Greg Finch I Environmental Scientist Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch(a)lmgroup.net Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.imgroup.net Zty Coats, Heather From: Coats, Heather Sent: Saturday, April 21, 2018 2:39 PM To: 'Greg Finch' Subject: RE: [External] Comments/Updates Attachments: FW: Concurrencelcomments on objections to New Hanover Co; williamd rd obj. johnson-041 Williams Road Hi Greg, projects (TP1 LLC); TP!, 214 & 216 Williams, 32018100244.pdf; FW: (External] RE: 214/216 I'm so sorry for not getting back to you already. I was out unexpectedly most of the day on Thursday and was helping Debbie with interviews for the Field Rep position yesterday. Which is why I'm here at the office on a beautiful Saturday afternoon) As for Williams Road, I'm attaching the comments from Curt in regards to the proposed projects' fisheries resource impacts and Maria's comments on behalf of WRC. After discussing with Doug, we do need to either move forward with permitting without the proposed lifts (by conditioning the lifts out of the permit), or ask you to put the project on hold to allow time to work out an alternative design that satisfies the resource concerns. Please also note both neighbors have expressed concerns about the proposed development as well (see attached). While Doug has approved the riparian corridors shown on the plans and any permit issued will require that all portions of the structures meet the 15' setbacks, the proposed design leaves no room for error in complying with the required setbacks. Please also note that a stormwater permit is required for these projects. Let me know if you have any questions or want to discuss further. I'm going to be out of the office (& town) Monday for the NCBIWA meeting, and have a NOAA regional meeting on Tuesday and Wednesday, but I'll check email when I can and will be back in the office Thursday and Friday. Thanks for your attention to this and I hope you're having (or had) a great weekend! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats(Mncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 W. --' Nothing Cornpares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Greg Finch [mailto:gfinch@lmgroup.net] Sent: Friday, April 20, 201810:58 AM To: Coats, Heather <heather.coats@ncdenr.gov> Subject: [External] Cooments/Updates Hi Heather, I just tried to call, curiosity is killing me, did you speak to Doug Re: Williams Rd? I also spoke with Steve regarding the Frying Pan application, give me a call back today to discuss both if you can. Thanksl Greg Finch I Environmental Scientist Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: ifinch@lmgroup.net Land Management Group, Inc. [ Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 [ www.lmgroup.net ROY COOPER Governor MICHAEL S. REGAN secretory BRAXTON C. DAVIS Otreclor Mr. Stephen Johnson 218 Williams Rd. Wilmington, NC 28409 Dear Mr. Johnson: NORTH CAROLINA Environmental Quality August 15, 2018 This letter is in response to your correspondence, which was received by the Division of Coastal Management's Wilmington office on 3/23/18, regarding your concerns about the proposed development by TP1 LLC., 214 Williams Rd., in New Hanover County. The proposed project consisted of a single family residence and docking facility. A revised project to reduce impacts has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. CC: DCM Wilmington Sincerely, Gregg Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Qualtty I DivLslon of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 ROY COOPER NORTH CAROLINA Governar Envimnatental Quality MICHAEL S. REGAN S—etry BRAXTON C. DAVIS Direcmr August 15, 2018 Mr. Steve Spain and Ms. Beth Cameron 212 Williams Rd. Wilmington, NC 28409 Dear Mr. Spain and Ms. Cameron: This letter is in response to your correspondence, which was received by the Division of Coastal Management's Wilmington office on 2/14/18 and 2/20/18, regarding your concerns about the proposed development by TP1 LLC., 214 Williams Rd., in New Hanover County. The proposed project consisted of a single family residence and docking facility. A revised project to reduce impacts has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. CC: DCM Wilmington Sincerely, Gregg Bodnar Assistant Major Permits Coordinator North Carolina Department of Envinmmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Cny. North Carolina 28557 252.8082808 February 13, 2018 �, I Courtney Spears \i NCDEQ Div. of Coastal Management 127 Cardinal Dr. Exetension Wilmington, NC 28405 Dear Ms. Spears, We received information packets from Land Management Group on behalf ofTP1, LLC in regard to the above -referenced permits. As the owners of 212 Williams Rd., the property adjacent to 214 Williams Rd., we want to express our objections to the requested projects. Our general objection is that the scope of development for this 1-acre lot (1/3 of which is wetlands) is far out of scale for the property and will have a negative impact on privacy, views, navigation, and the natural environment. Following are the details of our objections to these permit requests: 1) There is an existing pier on the 214 Williams Rd. property that is functional and can easily be expanded/extended to include a boat lift and/or gazebo. This existing pier does not require construction of a pier through a wetlands pond that hosts myriad wildlife that would see its environment severely disrupted. 2) The proposed pier juts into the water at an angle that brings it much closer to our pier than the existing pier. Any new pier that is allowed should maintain the footprint and angle of the current pier. 2) The size and placement of both piers is completely out of scale with the property and with neighboring piers. Existing piers on both sides of the subject properties extend from the shoreline, as the current pier on 214 Williams Rd. does, not from 200 feet inland. Piers from the shoreline are far less disrupting to wildlife and the natural flow of the wetlands. 3) Existing piers on both sides of the subject properties make use of floating docks to extend toward the channel, while these proposed piers would be fixed to the same or greater distance. Again, this design has a greater negative impact on the environment and is out of scale with surrounding properties. 4) Existing piers on both sides of the subject properties do not have gazebos or significant structures of any kind, while the proposed piers will sport 20' X 20' gazebos at their farthest point out into the water. This design will negatively impact the view of all property owners, including those of the subject properties, and create an area of extremely dense development on a shoreline that currently has piers of a much more modest scale. This over -development on the ends of the piers poses a very real physical danger to our property, as the wind and water flows during tropical storms and hurricanes will send any damage from these piers directly into our pier and onto our property. In summary, the plans as presented represent a gross over -development of a small piece of waterfront in a fragile wetlands environment. The proposed piers are out of scale with surrounding piers and of substantially different design. It would make the most sense to allow only renovations to the existing single pier, but if new piers are to be allowed, they should extend from the shoreline only, should not have gazebos on the end (though gazebos nearer to or on the shore would have less impact), should be angled in the same way as our pier and the existing pier on the other side of these properties, and should make use of floating docks to reach full extension, as other pier mail . ;IVED RECEIVED MAR U 2 2018 DCM WILMINGTON, NC DCM- MHD CITY Thank you for your consideration of our objections. We hope that CAMA will reject this permit request or require substantial changes to it for approval. If you have any questions about our comments, please feel free to contact us. 7C, 2- ZQ-4Z�� Steve Spain & Beth Cameron 212 Williams Rd. 781-640-6451 Wilmington, NC 28409 RECEIVED RECEIVED DCM WILMINGTON, NC h"AN 0 2 2018 FEB 2 0 2018 M'HD CITY Spears, Courtney From: Sent: Wednesday, February 14, 2018 3:35 PM To: Spears, Courtney Subject: [External] CAMA Major permit requests for 214 & 216 Williams Rd. in NHC Ms. Spears, We received information packets from Land Management Group on behalf of TPl, LLC in regard to the above -referenced permits. As the owners of 212 Williams Rd., the property adjacent to 214 Williams Rd., we want to express our objections to the requested projects. Our general objection is that the scope of development for this 1-acre lot (1/3 of which is wetlands) is far out of scale for the property and will have a negative impact on privacy, views, navigation, and the natural environment. Following are the details of our objections to these permit requests: 1) There is an existing pier on the 214 Williams Rd. property that is functional and can easily be expanded/extended to include a boat lift and/or gazebo. This existing pier does not require construction of a pier through a wetlands pond that hosts myriad wildlife that would see its environment severely disrupted. 2) The proposed pier juts into the water at an angle that brings it much closer to our pier than the existing pier. Any new pier that is allowed should maintain the footprint and angle of the current pier. 2) The size and placement of both piers is completely out of scale with the property and with neighboring piers. Existing piers on both sides of the subject properties extend from the shoreline, as the current pier on 214 Williams Rd. does, not from 200 feet inland. Piers from the shoreline are far less disrupting to wildlife and the natural flow of the wetlands. 3) Existing piers on both sides of the subject properties make use of floating docks to extend toward the channel, while these proposed piers would be fixed to the same or greater distance. Again, this design has a greater negative impact on the environment and is out of scale with surrounding properties. 4) Existing piers on both sides of the subject properties do not have gazebos or significant structures of any kind, while the proposed piers will sport 20' X 20' gazebos at their farthest point out into the water. This design will negatively impact the view of all property owners, including those of the subject properties, and create an area of extremely dense development on a shoreline that currently has piers of a much more modest scale. This over -development on the ends of the piers poses a very real physical danger to our property, as the wind and water flows during tropical storms and hurricanes will send any damage from these piers directly into our pier and onto our property. In summary, the plans as presented represent a gross over -development of a small piece of waterfront in a fragile wetlands environment. The proposed piers are out of scale with surrounding piers and of substantially different design. It would make the most sense to allow only renovations to the existing single pier, but if new piers are to be allowed, they should extend from the shoreline only, should not have gazebos on the end (though gazebos nearer to or on the shore would have less impact), should be angled in the same way as our pier and the existing pier on the other side of these properties, and should make use of floating docks to reach full extension, as other piers in this small cove do. Thank you for your consideration of our objections. We hope that CAMA will reject this permit request or require substantial changes to it for approval. If you have any questions about our comments, please feel free to contact us. Steve Spain'& BethCameron 212 Williams Rd. 781-640-6451 Wilmington, NC 28409 RECEIVED REE _,F_:;VEC MAR 0 2 2018 uCm WILMINGTON, NC FEB 1 4 2010 C)CM- VHD CITY LMG LAND MANAGEMENT GROUP me Environmental Consultants February 13, 2018 Stephen and Beth Cameron Spain 212 Williams Road Wilmington, NC 28409 To Whom It May Concern: TP1, LLC is applying for a CAMA Major permit for development at their property located at 214 Williams Road, New Hanover County, North Carolina. The specifics of the proposed work are in the enclosed application package. Due to significant changes in the application, DCM requires that you are re -notified by certified mail. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Courtney Spears North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gfinch@lmgroup.net Sincerely, Greg Finch, Agent Land Management Group, Inc. Enclosures www.lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED MAR 0 2 2018 DCM- MHD CITY RF_C`=,VEG DCM WILMINGTON, NC FEB 1 3 2018 LMG LAND MANAGEMENT GROUP,xc Environmental Consultants February 13, 2018 Stephen B Johnson 218 Williams Road Wilmington, NC 28409 To Whom It May Concern: TPl, LLC is applying for a CAMA Major permit for development on their property located at 214 Williams Road, New Hanover County, North Carolina. The specifics of the proposed work are in the enclosed application package. Due to significant changes in the application, DCM requires that you are re -notified by certified mail. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Courtney Spears North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gfinch@lmgroup.net Sincerely, i Greg Finch, Agent Land Management Group, Inc. Enclosures www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED MAR 0 2 2018 DCM- MHD CITY DCNI WILMINGTON, NC FEB 1 3 2018 e Stephen Johnson 216 Williams Rd. Wilmington, NC 28409 sjohnsonilm@outiook.com March 23, 2018 Courtney Spears NC Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Reference: Application for CAMA Major Development Permit for 216 Williams Rd and 214 Williams Rd. On 2/23/181 received copies of applications for CAMA Major Development permits for (new) 216 Williams Rd and (new) 214 Williams Rd, which previously had been a single lot (214 Williams Rd). On 3/16/18, I received several revised drawings for 216 Williams Rd. Following are my comments and concerns regarding these applications; these comments are generally applicable to both of the new lots, and comments specific to (new) 216 Williams Rd are noted as such. Your review and consideration of these comments/concerns is appreciated. Please call or e-mail if you need clarification/further information to what is enclosed. I reserve the right to provide additional comments within the 30-day period following 3/16/18 receipt of the latest application revision, in order to have sufficient time for further review. This information is being hand -delivered (due to size of attached survey) to your location on March 23, 2018. Please e-mail confirmation that you have received. With regards. '-IFCEIVED 11AR 2 3 201E Stephen Johnson NCDEq WILMINGTON RO I. Comments/Ouestions/Concerns regarding the proposed "upland" development: 1. I have concern that the project could result in increased storm water runoff to adjacent properties, and specifically to 218 Williams Rd, if not managed properly: For many decades the pre -divided 214 Williams Rd had 1 house,1 to 3 residents, and no paving. There is a large, low area within the lot near the road that collects storm water. Storm water runoff to my lot has not been an issue. The planned development includes 2 lots, each with single-family residence, paved drive, and septic. The Applicant's use of "pervious concrete or equivalent pervious material" is noted and appreciated. General lot filling, in a manner as to elevate the lot, should not be allowed. The applications show filling just under the houses, presumably to level the pads. but no limit is specifically stated. The pads should not be elevated above natural level more than a few inches. Increasing the elevation of the pad for 216 Williams Rd would result in elevating and sloping the driveway and sloping the lot downward to my lot This could inundate my lot due to the close proximity of 216 Williams Rd: s house and driveway. Are the septic drainage beds to be elevated? If so, the same concern exists about potential for runoff. 2. Both "initial" septic drain fields are shown primarily within new 216 Williams Rd - total of 6 bedrooms into this area (Attach. 2) • Please review whether this be done and not contaminate the well for 218 Williams Rd. • Also, in reviewing the detailed plans filed with New Hanover County, I note that a "supply line" between pump tank and drain field runs as close as 26' to the wellhead for 218 Williams Rd. (Attach. 2) Please ensure that this line is leak tested & encased as permitted, to prevent contamination of the well for 218 Williams Rd. • NHC Environmental Health Specialist, James Parmeter, told me that the drain fields are to be located at least 10' from the property line, however stakes on the lot of 216 Williams Rd are as close as 5' from the property line with 218 Williams Rd, and should be corrected to help prevent a placement error (possibly not a CAMA issue, but noted nevertheless). 3. Error in the "General Warranty Deed" for (pre -divided) 214 Williams Rd dated 5/12/17 and recorded 5/17/17, which carried forward to the "EXEMPT SUBDIVISION PLAT" for 216 Williams Rd and 214 Williams Rd. During review of the applications' enclosures, I found, in the enclosed "GENERAL WARRANTY DEED" for the pre -divided 214 Williams Rd. and in the "EXEMPT SUBDIVISION PLAT", that the angle used for the property line between my lot and the adjoining 214 Williams Rd (new 216 Williams Rd) had been changed. Deeds and surveys for both 218 Williams Rd and pre -divided 214 Williams Rd dating back to the 1950's, including the -1952 subdivision of the Mary J. Williams land show this angle to be South 17 deg. 45 min. East (deed descriptions, Attach. 1.a., 1.b.) or equivalently N 17 degrees 45 min W (survey, Attachment 1.c.) The current deed for (pre -divided) 214 Williams Rd uses an angle of South 17 deg. 53 min. 27 sec. East (S 17 deg. 53 min. 32 sec. E on "EXEMPT SUBDIVISION PLAT"). The change in angle appears to have been made in an October, 2015 deed for the sale of 214 Williams Rd. to Hall. The difference is 8.45 minutes of angle, eastward. Using as the point of origin the iron pipe on Williams Road, this change in angle would result in moving the southeastern corner of new 216 Williams Rd ("control corner' in the application) by —10 inches into my lot This control corner is said to be an "existing concrete monument" on the attached "EXEMPT SUBDIVISION PLAT" and not "pipe" or "old pipe" or "old iron pipe" in earlier documents. I have no information on when the concrete monument was placed or who placed it. I might not have raised this issue, except that the Applicant proposes to place the edge of the new covered platform ("gazebo") EXACTLY the minimum 15' set back from the "Riparian Corridor" line between my lot (218 Williams Rd) and new 216 Williams Rd. This change in lot angle leads to the potential that the proposed easternmost location of new pier/gazebo construction for new 216 Williams Rd would encroach by up to nearly 1' within the riparian corridor shared with 218 Williams Rd. Because of the angle change coupled with potential errors in locating pilings, placing pilings, overhangs, etc. - an encroachment into my riparian corridor becomes likely when using the proposed 15' set back. IL Comments and Concerns regarding proposed shoreline & waterway construction: The proposed construction has been revised significantly from the original proposal, and has become offensive in its impacts. 1. Initial Proposal: The initial proposal, dated December 5, 2017 was for a single pier and single 20'x20' covered platform ("gazebo") to be shared by both new-214 Williams Rd and new-216 Williams Rd. Each new property would have a single boat lift. Total shoreline obstruction (width) of the total combined project for both new lots (i.e. original 214 Williams Rd) would be 20' for gazebo + (2 x 10') for boat lifts = 40'. Furthermore, the new construction would be located near the property line between new 214 and new 216 Williams Rd, thereby being located as far as possible from both neighboring properties (212 Williams Rd, and 218 Williams Rd.). Negative impacts to shoreline access, waterway coverage and obstruction of views were significantly less than those of the latest proposed revision dated March 14, 2018. 2. The current revised application dated March 14, 2018 proposes, for each of new 214 Williams Rd. and new 216 Williams Rd, a separate/individual pier, each with large 20'x20' covered gazebo and each having a 10' wide boat lift The latest revision has a total shoreline width/obstruction for both lots of (2 x 20') for gazebos + (2 x 10') for boat lifts = 60', which is a 50% increase compared to the 40' total width of the original proposal. Over 50% of the total combined shoreline width of 216 & 214 Williams Rd is now proposed to be obstructed by new construction. I object to this as excessive, especially along this cove having limited shoreline development. This is a far greater water - ward construction density compared to any other part of this same cove of Myrtle Grove Sound, and unnecessarily obstructs shoreline public use, obstructs views from all vantage points, and increases above & under -water coverage & disturbances. 3. The current revised application also changes the "Riparian Corridor" lines used for locating the piers/lifts/gazebos into converging (i.e. pie -shaped) segments, and compresses all of the proposed 60' of construction width into a much more narrow width of shoreline. The new proposed Riparian Corridor:1) Places the two large covered gazebos and two boat lifts all in close proximity (less than 30' separation between gazebos & less than 10' separation between lifts, per drawings), which increases the congestion/crowding of the construction; 2) Moves the gazebos closer to the shoreline - thereby preventing them from reaching the existing pier head line - which minimizes their utility for, e.g. fishing & boating; and 3) Pushes the eastern -most edge of construction for new 216 Williams Rd several feet (estimated 6', per drawings) closer to being in front of my home (218 Williams Rd.). I have never had a pier, but will now have a large gazebo very close to direct line of sight. This makes an offensive situation (over 50% coverage of shoreline) even more so. 4. Placement/Spacing of New Construction: (Note: The Applicant's attached drawings were used to estimate the dimensions used below) The distance between the easternmost "Riparian Corridor" line for 216 Williams Rd and the westernmost "Riparian Corridor" line for 214 Williams Rd is now proposed to be -101' (measured at farthest ends of gazebos). Subtracting minimum 15' setbacks from both sides, the total shoreline width available for construction is -101' - 30' = -71'. The Applicant therefore proposes to place 60' of construction width (2 x 20V gazebos + 2 x 10'W boat lifts) into only -71'. This would crowd new construction, obstructing -85% of this portion of cove. As proposed, the edges of gazebos are only -30' apart and boat lifts are separated by -9.5'. Using the riparian corridor practices that have historically been used for piers on both sides of the Applicant (i.e. parallel to waterway extensions of the lot boundaries) would provide an additional 15' of width for placing the new construction: 116' (combined width of both new lots) - (2 x 15') setbacks = -86' (vs. 71'). This would significantly reduce crowding/congestion of the new shoreline construction. Reducing the size of the covered gazebos from 20'x20' to 16'x16', would reduce the total width of construction by 8'. Combining this change with use of the historic riparian corridors would enable the covered gazebos to be separated to over 50' and would reduce the % obstruction within the shoreline available for construction to - 60% (vs. 85% by the current proposal). S. Historical riparian corridors used for this section of cove: The new pier construction corridors are inconsistent with those used for existing piers on either side of the new construction and inconsistent with longstanding practice along this section of cove. The section of shoreline from 212 Williams Rd through the end of Williams Rd is irregular and not generally concave. The boundary lines between properties (212, new-214, new-216, 218, 222, 226 Williams Rd) all use the same lot angle of S 17 deg 45 min E (alternately N 17deg 45 min W); all lots have parallel sides 4 (ref. Attach.l.c., showing the 1952 subdivision of the Mary J. Williams land. Note - in this survey the property labeled "0. K. Biggs" is pre -divided 214 Williams Rd). ALL 3 existing piers in this segment are -parallel and oriented using offsets of extensions into the waterway of the lot boundaries. This is shown in Attach. 3, in which approximate extensions of lot boundaries have been added to Applicant's drawing (by hand, using "straightedge", for illustration), showing that current adjacent piers are oriented approximately parallel to extensions of the lot boundaries and not using the converging "Riparian Corridor" lines of the latest application that were based on the "Survey of a Portion of Myrtle Grove Sound" dated March 6, 1998In the last -40 years that I have lived here, all legal/permitted piers in this section of cove for any of the above -listed lots have been built parallel to water -ward extensions of the property lines. This practice has continued to the 3 most recently built piers in this section of cove: • In about 1998 the pier at 222 Williams Rd was rebuilt and extended; all dimensions reference an extension of the property lines. (Attach. 5) • The existing pier at 214 Williams Rd was built approximately 2006, which is after the date of the cove's survey, and is built essentially parallel to the lot lines. It actually encroaches the 15' set back using the new riparian corridor (Attach. 3) • I think that the existing pier at 212 Williams Rd was rebuilt following hurricane Fran, early 2000's. It is aligned with water -ward extension of the property line. This pier would encroach into its westward riparian corridor if drawn using the converging riparian corridor line (line not shown) (Attach. 3) • The referenced survey itself is in error (Attach. 4): it shows a pier at my lot - 218 Williams Rd (tax #82-07-02-5 on drawing); I have lived here since 1978 and at no time since then has there been a pier at this location. Orienting the new piers using offsets from the water -ward extensions of the property lines would harm no party - either public, applicant/owner, or adjacent homeowners. However, forcing the new piers to be built within converging corridors angled toward my lot - 218 Williams Rd -will result in an unsightly & unnecessarily congested project for all parties and public, with reduced water access for the Applicant. This will also unnecessarily move the construction several feet closer than necessary toward my lot, thereby harming the enjoyment from and value of my property. Summary of Revisions Proposed to Applicant I propose that the Applicant make the following changes, to improve his project for all parties and reduce the negative impacts detailed above: 1) Reduce the size of the covered gazebos from 20'x20' to 16'x16' (or less) to enable increased separation between covered gazebos & boat lifts, improve views & appearance, improve access, and reduce the total shoreline obstruction/water coverage. 2) Orient the new piers for 214 Williams Rd and new 216 Williams Rd using offsets measured from the water -ward extensions of the property lines. This would provide wider corridors to enable increased spacing of the piers/gazebos/boat lifts, provide a more pleasing visual appearance from all vantage points, enable the covered gazebos to reach the established pier head line, and reduce the added negative visual impact for my home. I appeal to NC DCM/CAMA Officials to use their discretionary authority to approve continuing this practice for this project 3) Increase the distance between the eastern -most "Riparian Corridor" line for new-216 Williams Rd and the eastern -most part of the covered gazebo for 216 Williams Rd (i.e. set back) - from 15' to at least 16' to prevent encroachment into the total riparian corridor between 216 Williams Rd and my lot, 218 Williams Rd. (due to the survey angle issue discussed previously). 4) I request that a post -construction riparian survey be made to confirm. The Applicant, Michael Hackeling, and I have discussed proposed revisions 1), 2) and 3) during March 19-20, 2018, and he agreed, verbally, to make revisions 1) and 3), and that revision 2) would also be mutually beneficial and adopted, if approved. III. Miscellaneous comments / questions from review of the applications: p. 2, 3.c - Project is on the shore of Myrtle Grove Sound; property is adjacent to a natural body of water, which then joins the manmade AIWW. p. 2, 4.b. "typo" in Size of tract for 216 Williams Rd, i.e. ".054 +/- acres" p. 2, 4.d. Is "NWL" applicable here? - The lots are located on tidal waters and water level is usually measured relative to mean low level or mean high level. p. 2, 4.e. Vegetation on tract: also significant marsh/wetland vegetation. The southern portion of 216 Williams Rd is subject to frequent tidal inundation (typically at least a dozen times annually) cc Applicant Toll, Ray & Associates, PLLC Attachments Attachment 1.a.. Deed description for 218 Williams Rd Attachment 1.b. Example of earlier (1988) deed description for pre -divided 214 Williams Rd Attachment 1.c. Survey: "DIVISION OF A PART OF THE MARY 1. WILLIAMS LAND", dated September 10, 1952 Attachment 2. Septic details & location of well for 218 Williams Rd. Attachment 3. Illustration of extensions of property lines and existing pier orientations at 212, 214 and 222 Williams Rd Attachment 4. Error in "SURVEY OF A PORTION OF MYRTLE GROVE SOUND", dated March 6,1998 Attachment S. Orientation & offsets for Pier located at 222 Williams Rd. 7 t n.ecurwng 'Muse, iiooic and Paze Tax Lot No. _.... _............ _........... ._.Parcel Identifier No... ....... __ Verified by ._.. County on the __. day of ..... by, ........ Mail after recording to ... Buckner Johnson, 218 Williams Road, Wiirnflgtm, N.C. ................................................................................................................I........................_ _.. . This instrument was prepared by ................. A11en and M&cDonaid. Brief description for the Index . 42 ac.Williams,.Federal Point NORTH,,�AROLINA GENERAL WARRANTY DEED THIS DEED made thisQ..J. day of ........................................May.... , 1� 78 „ by ass i,et.e GRANTOR ROBERT L. MAY and wife, KATHRYNE R. NLAY GRANTEE STEPHEN BUCKNER JOHNSONi' (Single), of New Hanover Comty, North Carolina Enter in appropriate Meek for each part7: name, ages, am& V •ate dmraetm of entity, e.q. corporation or partnership. 4 The designation Grantor and Grantee as used iargia MUSH bwJodie AXW pardes. their heirs, successors, and assigns, and shall include singular, plural, masculine. feminine or i as istt b eatterL jWITNESSETH, that the Grantor, for a valuable cotaWmation pail bW the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, barpais at$ ad aa0MOT oats the Grantee in fee simple, all that j certain lot or parcel of land situated in the City of _ Federal Point Township, New -Hanover............ County, North Carolina and more partiealarly described as follows: BEGINNING at a pipe in the southern right of way of the New County Road leading fram Myrtle Grove Loop Road to Myrtle Grove Sound, said pipe being eastwardly as measured along the southern right of way of the New County Road 1, 589 feet, more or less, from a point in the centerline of the Myrtle Grove Loop Road, if said southern right of way of the New County Road were to be extended to said centerline of the Loop Road, said -point of intersection being northwardly as measured along- the centerline of Myrtle Grove Loop Road .9 miles from the centerline of the Carolina Beach Road at Robinson's Store; thence from said above described beginning pipe South 17 deg, 45 min, East 371 feet to a pipe in the northern high water mark of Myrtle Grove Sound; thence with said high water mark eastwardly 50. U feet to a pipe; thence North 17 deg. 45 min. West 358 feet more or less to the southern right of way of the New County Road; thence with said right of way South 89 deg, 50 min. West 52.44 feet to the POINT OF BEGINNING, said tract containing .42 acres and being a part of the Mary J. Williams lands and as surveyed in the past by E. M. Sears, Jr., R. L. S. of Wilmington, N.C. September 10, 1952 / / " ` H, - 1 ��T / e N.C. BaP.\ssoa. Form No. 3 0 1976, Revised 1917. „ / 14T AcHA,lf-r-1T 1, b, Boa PAGE 1404 0783 EMWAt mhm BB3ROM at a pipe in the southern right of way of the new forty foot Ox ty Brad lead,,q from Myrtle Grove Ioop road to Myrtle Grave Sand, said pipe bring North 89m 50' East 330.5 feet frm a point that is South 870 50' East 1145.8 feet, as ma-umd along the south,,, right of way line of said net forty foot Canty road from a point in the center lire of he Myrtle E� �P Paid las sham an a nap of the nanny B. Nilliaos property recorded in ta Page 115 of the New naarmr County Begfstry) said paint of intersection bring Northeeudly as MMSUVed alog'the center Lire of said Myrtle Grove loop Pbad about rune tenth of mle from the carter Sire of tfe ra..a im Beech road at Ibbinsan's Stye: thence frsaid abodescribed Beginning Point North 89m 50' East 1an 17.63 feet bo irin pipe met above described the tortlaestern comer of a lot of land conveyed by Katie ililliaffi and I.i11i� N. Nome and husband. was H. wane, to Ithy B- /ac" and wife, Irene S. Fackley by deed recorded in Burk 513 at Page 454 of the Mmv Hanover county registry; thence S nth 17. 45' East 32.45 feet to an old pipe marking northeast corer of a lot of land conveyed Williams Ondow) Katie £. mirl;ane i..11:an Nib Banc Horne, and hnse hlnd aloaLs Bors to 0smr Kaaeth Biggs by deed reoonI in Book 466 at page 321 of the New Eianover Qnnty registry; thence soma course 206.7 beet to an old min; thence same canoes 130 feet to an Old pipe; thence save axz-ae continued 20 feet more or less to the high aber mark of lllra Grove Sand; thence in a westwardly direction with said high water mark of Myrtle Grave Sand 117 feet more or less to a point hawing South 1T 45' East from the point of Beg- inning; renting thence North 17m 45' Nest 418.6 feet vote or less to the Beginning Pit; sad tract being in actual width. as muauu¢sd at right angles between its eastern and western lines, 112.15 feet; and said tack being bonded on the east by lot of land conveyed to Irby B. ft&dey and wife, Irene B. raddey, by deed recorded in Book 513 at Page 454 of the New Hoover tbuaty registry, and on the west by F. Keith Ioyd prrpesty. 3- Q 19TTA Cl-ME/vr i - C. IZ/ Gpz=mvrz Loort, RcPAm tik /go C,-, r MT N I U . r-r Tvi UL Limo -r,C -,5!s E. 415 tj 51 -A5 P, -521 :5 &B - 50 a, Z&3 j 10, ll!)SZ. 50.0 N Figure 1. Comprehensive Site Map Proposed Subdivision of 214 Williams Road Parcel# R08207-002-006-000 Proposed Split Tract A 0.54 Acres Residence #1 (214 Williams Road) Tract B 0.48 Acres Residence #2 (216 Williams Road) 1 "=20' September 27, 2017 "Property Lines and Dbnenslon, ara+erarenced from a August 2017 Surve by Atlantic Coast Survey, PLLC With LMG Site Testing Overlay" No WOODEN Tract B Waste Water System Design Details Initial in GREEN Repair in Yellow 3Bedroom 360 GPD F Permits Peat Type J J 3� N y Existing Well (i usurp well To Be foxsd..`Q 89.64' Proposed Well ®� R1 TRACTA RESIDENCE 1 Sail Wetness —2B3B' 1.0+ LTAR 1000 Gal Septic Tank 1000 Gel Pump Tank 3 PumOo Type A Pods 360 gpdrl.0 LTAR = 360 W 360ft'-25%= 270tP = 9 8 x 30 If Gravel Bed S' Gmvel Tmnrh Installed at depths described in Table 2. eo •DeveCons she rdalve to the Beniefol W bytao project nm' .. Thew poles ere Not- SUMy, they were mAetlea with a deadeal Whew, low level drelool QRelative Elevation Point Supply Line to be used in ductile Men as per Rule .1950 (a)(2) and located at minimum 25 feet from 10, Residence #1 TractA Waste Water System Design Details Initial in GREEN Repair In Yellow 3 Bedroom 360 GPD PumOo Peat Type A Initial System Specs Sall Wetness —33-36' 1.0+• LTAR -1000 Gal Traffic Rated Septc Tank '1000 Gal TrafficRated Pump Tank 3 Pumflo TypeA Pods 360 gpd/1.0 LTAR = 360 IF 360ft'-25%=270ft' = 9 ft x 30 it Gravel Bed 6' Gravel Trench Installed at dffl,Wesmbed in Table 1. f`10CIb1NGEINUL nONGF R'GLI. DR 5apnCSVS,, 411110M PrJOR W,'RDVAL OF Mr. 370. TRACT B RESIDENCE 2 �ai�-) WOODEN WALKWAY Supply Line to be located 50' away from proposed 404.73' well, if it cannot maintain the horizontal setback then It must be cased in ductile iron as per Rule .1950 (il and located at minimum 25 feel from the proposed well. Repair System Specs Soil Wetness -2633' 1.04 LTAR 3 Purl Type A Pods 360 gpd/1.0 LTAR = 360 R' 360ft' -25%= 270f - = 9 ft x 30 fi Gravel Bed B' Gravel Trench Installed at depths described In Table 1. -Tfills is ND"f a e "This is NOT permit and tloes IJOT Guarantee a -'Final Pelenov g subiad o "Plar"' approval by D New DEW— gs are i 5eanly ..... BtG bae9d tlQen CUIf¢r1191IFl Proposed Well condilion^, any GJlemhon to b9 areas R2' pro}weed for waslbwnler en effect the p y sullaenl Itsnalys.....fc r, ell stabs a; the acit reseurm5""' P+ofeCxtraemana.lb e, booyth rebptol back of lot by the ling Cock not byMAaen@ Carat survey, PLLC 2mr LMG Nicholas P. Howell LSS owed MANAGCMEYP GROUP —NC LS`CJ` m.oe,.m."rot co.. ... n,m, 1Lnl CPSS#328892 3e0s wdantwlne AVEnaa Gy1l1e AUe SC Soil Classifier #113 Wlelnyton, NL 284l Drawing by N.P.H. Plwne:910.452.0002 rac920.452.0060 Job #01 -17-174 Printed on 11"x 17" Paper A--r-`RCKM6,,,J 3 W1LL1ASI5 AOAD-NC SRISt6__ — — — sr.neucnmerorwnr \ \ i 1 \ 1 tt \ 1 \ 1 SMEN AND BETH CANEAat\ ADJACENT PARCEL \ 212 WWANS ROAD \ 214 WWANS ROAD \4Wmingtm\ NC 28M \ WINMGMN. NC 2alp 1 � \ \ i \ t� \\ , ( (\1 RPP9091MAT-6 EXT-6rJ5(0,,),0\ 1 s . ,ja(f r�SrJ7J 3 23`rc� /' \ 1_-------- - Outer Edgeof Marsh Legend \ Boundary --•--.—_.__._ 75' COD -- NHW Line - - Coastal Wetland Line---------- 404 Welland Line ....... •......... 1. FOR ENVIRONMENTAL PERMITTING ONLY. 2. NOT AN ENGINEERED OR SURVEYED DRAWING. 3. ENTIRE LOT IS WITHIN THE 576 AEC. \ —Existing Hoes6 and Deck to be Reovad privevtay and s :Inmg Not an- -76COD `\ SIEPNEN B. JOHNSON \ 218 WWANS ROAD \ 508,ECE PARCB. WU9NCION, NC 28W9 \ 218 WIWANS ROAD � WIlIINGTON, NC TB109 \ 23,527 SF. S LMG \ Pond LAND MANAGEMENT GROUP,x; Envbanmcnmi Con;uliwus Post Office Box 2522 Imington. North Carolina 28402 Teleohone: 910-052-0001 i \ N �— 404 Wetland Dne \ 1L \ Line \ r Per 216 VMiffams Road I 2113f18 1"=60' Site Location and Drawn BY Existing Conditions GSF MLW Myrtle Grove Rd Hwy 420 ad Line \ )ate: 212 3114118 en 02-17-323 mber. 1 of 7 og7T,lcwm6,jr 0 Pboc-4 /JoiE� 3(z(I Ig o E'R20NEO'J5 06PJC7-?c5./J of AaZ, 4T z(8 wfLL44MS A POR77ON OF MYRTLE GROVE SOUND i 1 \ 1K /lPCT�NTJO1 b FEDERAL POINT TOIMVSHfP NEW HANOVFR COUN7Y L NORTH CAROUNA I OATS MARCH 8. 1998 rr L ea V]IN �142 iIcaerN UNRISE LANE f 1 1 ^r• � . _ ..ltrulamaata x ersTao'x'.arai • —• I I I mIEU. ,K9T. rsv a� we enrr I mw.as mxmt 9 -• TK fdlb6 & rK /m-m•m-m (Ixl>m ar xns)\ iunmlwa ala q2' Z4EN mul wnwxaro N.P MYRTLE GROVE SOUND I +T I v! ff I , l I , I f , / I , 1 r , 1 I I � / r f / I r I ! I I , � 7 I j /f f , I ( I f / � f ( • s Ie �' Ayfi sm�1