DEN 18-03 MREC TidalWalk LLC

Coastal Management
ENVIRONMENTAL QUALITY
May 21, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MREC-TidalWalk, LLC.
c/o David Jones
516 Northwest St.
Raleigh, NC 27603
Dear Mr. Jones:
ROY COOPER
Governor
MICHAEL S. REGAN
seaerary
BRAXTON C. DAVIS
Director
This letter is in response to your application for a Major Permit under the Coastal Area
Management Act and the State Dredge and Fill Law, in which authorization was requested to
perform new excavation within an existing community docking facility in the TidalWalk
Subdivision, in Wilmington and New Hanover County. Processing of the application, which was
received as complete by the N.C. Division of Coastal Management's Wilmington Office on
February 13, 2018, is now complete.. Based on the state's review, the Division of Coastal
Management has made the following findings:
1) The subject property is located at 1409 Tidalwalk Drive in Wilmington, New Hanover
County,
2) The waters of the Atlantic Intracoastal Waterway and Myrtle Grove Sound at this
location are designated as Primary Nursery Area by the N.C. Marine Fisheries
Commission. 15A NCAC 07H. 0208(a)(4) of the Rules of the Coastal Resources
Commission further define Primary Nursery Areas as "Primary nursery areas are those
areas in the estuarine and ocean system where initial post larval development of finfish
and crustaceans takes place. They are usually located in the uppermost sections of a
system where populations are uniformly early juvenile stages. They are designated and
described by the N.C. Marine Fisheries Commission (MFC) and by the N.C. Wildlife
Resources Commission (WRC); "
Nothing Compares.
State of North Carona I Environmental Quality I Coastal Management
Morehead City office 1 400 Commerce Avenue I Morehead aty, NC 28557
2528082808

,May 21, 2018
Page 2
FILE
3) Permit No. 56-07 was originally issued to Myrtle Grove Investments on May 30, 2007,
authorizing upland portions of a 153-lot subdivision. A Major Modification to Permit
No. 56-07 was issued on May 4, 2009, authorizing the construction of a 9-slip docking
facility. Condition No. 3 of the Major Modification stated "The authorized project is
located within a primary nursery area (PNA). Therefore, in accordance with TI SA 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." Furthermore, a Note within
the same Major Modification states, "There exists the possibility offuture shoaling of
shallow bottom habitat at and adjacent to the location of the authorized docking facility.
The permittee is advised that Condition No. (3) of this Permit will be enforced even if
such future shoaling limits the use of the authorized docking facility."
4) Permit No. 56-07 was transferred to MREC-TidalWalk, LLC on March 18, 2011. Permit
No. 56-07 expired on December 31, 2016.
5) The proposed project involves application under the Coastal Area Management Act and
the State Dredge and Fill Law requesting authorization to perform new dredging within
an existing community docking facility adjacent to the Atlantic Intracoastal Waterway
and Myrtle Grove Sound.
6) The proposed project would involve the excavation of approximately 12,000 square feet
of shallow bottom Primary Nursery Area habitat.
7) During the course of the joint State and Federal review of the application, the Division of
Coastal Management's Fisheries Resource Specialist, in consultation with the Division of
Marine Fisheries, objected to the proposal due to significant adverse impacts to shallow
bottom Primary Nursery Area habitat. N.C. Wildlife Resources Commission staff stated
that their agency does not support projects that request new dredging within Primary
Nursery Areas.
8) On April 4, 2018, the Division of Water Resources denied the Section 401 Water Quality
Certification for the proposed project. This denial was based upon the determination that
the project would result in degradation of surface waters. The surface waters in question
are classified as SA (able to support shellfish) and Outstanding Resource Waters by the
Environmental Management Commission and Primary Nursery Area by the Marine
Fisheries Commission.
9) On April 23, 2018 the National Marine Fisheries Service provided Essential Fish Habitat
Conservation Recommendations pursuant to the US Army Corps of Engineers permit
review. The April 23, 2108 letter included a conservation recommendation stating that
-`No dredging should tie -authorized _ --- ---- -- --
Nothing Compares
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
2528082808

1
.Mtiy 21, 2018
Page 3
FILE
10) Based upon the above referenced findings, the Division of Coastal Management has
determined that the proposed project to perform new dredging within an existing
community docking facility, is inconsistent with the following rules of the Coastal
Resources Commission:
a) 15A NCAC 07H .0206 (c) (Management Objectives for Estuarine Waters), which
states "To conserve and manage the important features of estuarine waters so as
to safeguard and perpetuate their biological, social, aesthetic, and economic
values; to coordinate and establish a management system capable of conserving
and utilizing estuarine waters so as to maximize their benefits to man and the
estuarine and ocean system."
b) 15A NCAC 07H .0208(a)(2)(A), and 15A NCAC 07H .0208(a)(2)(B) which
states that before being granted a permit, a determination shall be made that the
applicant has complied with the following standards:
(A) The location, design, and need for development, as well as the construction
activities involved shall be consistent with the management objective of the
Estuarine and Ocean System AEC (Rule .0203 of this subchapter) and shall
be sited and designed to avoid sign cant adverse impacts upon the
productivity and biologic integrity of coastal wetlands, shellfish beds,
submerged aquatic vegetation as defined by the Marine Fisheries
Commission, and spawning and nursery areas; and
(B) Development shall comply with state and federal water and air quality
standards;
c) 15A NCAC 07H .0208(b)(1) (Specific Use Standards), which states in part,
"Navigation channels, canals, and boat basins shall be aligned or located so as
to avoid primary nursery areas, shellfish beds, beds of submerged aquatic
vegetation as defined by the MFC, "
d) 15A NCAC 07H .0601, which states that "No development shall be allowed in
any AEC which would result in a contravention or violation of any rules,
regulations, or laws of the State of North Carolina or of local government in
which the development takes place. "
Given the preceding findings, it is necessary that your request for issuance of a CAMA Major
Permit under the Coastal Area Management Act and State Dredge and Fill Law be denied. This
denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects
inconsistent with the state guidelines for Areas of Environmental Concern or local land use
plans, and N.C.G.S. 113-229, which requires that a permit be denied for cases where a proposed
_- -_- -_ -development willlead-to asignificantadverse impact -to f sheriesresources, - ---- .------
Nothing Compares,
State of North C trofina I Fnvko mental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead Cfty, NC 28557
2528082808

I
. ,May 21,2018
Page 4
FkE
If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will
involve appearing before an Administrative Law Judge who listens to evidence and arguments of
both parties before making a final decision on the appeal. Your request for a hearing must be in
the form of a written petition, complying with the requirements of § 150B of the General Statutes
of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial
letter. A copy of this petition should be filed with this office.
Another response to a permit denial available to you is to petition the Coastal Resources
Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal
Resources Commission. Applying for a variance requires that you first acknowledge and
recognize that the Division of Coastal Management applied the Rules of the Coastal Resources
Commission properly in processing and issuing this denial. You may then request an exception
to the Commission's Rules based on hardships to you resulting from unusual conditions of the
property. To apply for a variance, you must file a petition for a variance with the Director of the
Division of Coastal Management and the State Attorney General's Office on a standard form,
which must be accompanied by additional information on the nature of the project and the
reasons for requesting a variance. The variance request may be filed at any time, but must be
filed a minimum of six weeks before a scheduled Commission meeting for the variance request
to be eligible to be heard at that meeting. The standard variance forms may be obtained by
contacting a member of my staff, or by visiting the Division's web page at:
https://deq.ne.gov/about/divisions/coastal-management/coastal-management-permits/variances-
appeals.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Mr. Gregg Bodnar at
[phone] extension 215.
Sincerely,
Braxton C. Davis
cc: Col. Robert J. Clark - U.S. Army Corps of Engineers, Wilmington, NC
Liz Hair — U.S. Army Corps of Engineers, Washington, NC
Karen Higgins — NC Division of Water Resources, Raleigh, NC
Chad Coburn — NC Division of Water Resources, Wilmington, NC
Greg Finch — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15,
Wilmington, NC 28403
Nothing Compares
State of North CaroRra I Envlronmemal Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808

■ Complete items 1, 2, and 3. ^
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so that we can return the card to you.
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or on the front if space Dermits.
105—
MREC—`-idal Walk, LLC
c/o David Jones
516 Nodhwest St.
Raleig"C 27603
I IIIIiII IIII IIIIII () IIIII IIIIII I I IIII III II III
9590 9402 3402 7227 3968 58
7-016 1370 0002 3225 3369
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Permit No. G-10
• Sender: Please Print your name, address, and ZIP+4® in this box -
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
v
!111)111 IIIIIiIIjyJllli,III III, i10wi;,,,i-Ii;I,ii ,i111d

DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant:
Type: (check all that apply)
New t/Major Mod_ Permit#_ Minor Mod_ Renewal Transfer_
Permit Coordinator:
Field Rep
Date Time Message

o �illl�� M
°erenzma�P
Regulatory Division
Action ID No. SAW-2004-01082
Mr. David Jones
MREC Tidal Walk, LLC
516 Northwest Drive
Raleigh, North Carolina 27603
Dear Mr. Jones:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
68 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 21, 2018
This refers to the Department of the Army (DA) permit application to perform new
dredging at an existing private docking facility, within navigable waters of the U.S., adjacent to
the Atlantic Intracoastal Waterway and Myrtle Grove Sound at 1409 Tidal Walk Drive, in
Wilmington, New Hanover County, North Carolina. The permit application proposes new
dredging of 680 cubic yards of material from within 12,000 square feet of shallow bottom
Primary Nursery Area (PNA). The current docking facility was permitted in 2007 with a special
condition prohibiting any new dredging or excavation within PNA.
This office has received the attached letter dated May 21, 2018, from the State of North
Carolina Division of Coastal Management (DCM) which denied authorization for the above
described work. The DCM letter indicates the Section 401 Water Quality Certification was
denied by the State of North Carolina Division of Water Resources (DWR) on April 4, 2018.
Additionally, this office notified your agent by email dated April 24, 2018 of the concerns we
received from the National Marine Fisheries Service Habitat Conservation Division regarding
the proposed dredging within PNA and requested additional information to address these
concerns. To date, no additional information has been received by this office.
In accordance with 33 CFR Part 320.40), the District Engineer may deny permits when
required State or local authorization and/or certification has been denied. Accordingly, your
application for a DA permit is hereby denied without prejudice. This denial without prejudice
does not prohibit submittal of future DA permit applications. You must notify us in writing if
your proposed work is approved by the DCM and DWR in the future. Further consideration will
be given to your application at that time. Please be advised that we share the concerns expressed
by the state agencies regarding this work and that in the event the required certifications were
received, it is unlikely that we would be able to issue a permit for the proposed work. If you
RECEIVED
JUN 2 7 2018
DCM-MHD CITY

-2-
have any questions concerning your application for a DA permit, please contact Ms. Liz Hair, at
the above letterhead address, or by phone at 910-251-4049.
FOR THE DISTRICT ENGINEER
fa
Eric Reusch
Chief, Wilmington Field Office
Regulatory Division
Enclosures:
NC DCM Denial Letter
Copies Furnished (without enclosures)
Mr. Fritz Rohde, NMFS-Habitat Conservation Service, Pivers Island, North Carolina 28516
Dr. Pace Wilber, NMFS- Habitat Conservation Division, 219 Fort Johnson Road, Charleston,
South Carolina, 29412
Mr. Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue,
Morehead City, NC 28557
Ms. Karen Higgins, NC DEQ-DWR-401 & Buffer Permitting Unit, 1617 Mail Service Center,
Raleigh, North Carolina 27699
Electronic Copies Furnished (without enclosures):
Mr. Gregg Bodnar, NC DEQ-DCM
Mr. Chad Coburn, NC DEQ-DWR

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: MREC-TidalWalk, LLC
COUNTY: New Hanover
PROJECT NAME: New dredging around an existing community docking facility in the TidalWalk Subdivision
LOCATION OF PROJECT:1409 TidalWalk Dr., adjacent to the AIWWIMyrde Grove Sound, in AijQtij{g(gi 1V E D
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-13-18 t (r t
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: Courtney Spears
Spears
DISTRICT MANAGER REVIEW: '
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 2-18-18
ADJ. RIP. PROP NOTICES REC'D:
APPLICATION ASSIGNED TO: Re,
C) 75 DAY DEADLINE: 44
MAIL OUT DATE: 2-15-18
FEDERAL DUE DATE:
To Be Forwarded: n/a FEB 19 2018
To Be Forwarded: n/a ���q n�
DISTRICT OFFICE: WILn117VG'1-OY H D CITY
FEE REC'D: 400 #49311
END OF NOTICE DATE: 3-11-18
DEED REC'D:
ON:
150 DAY DEADLINE: V/
STATE DUE DATE: 3-11-18
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
Division of Community Assistance d / v 1
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Division of Coastal Management-LUP Consistency
Public Water Section (DWR)
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Land Quality Section (DEMLR)
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Division of Water Resources - 401 Section
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Storm Water Management (DEMLR)
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State Property Office
Division of Archives & History
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Division of Marine Fisheries - Shellfish Section
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Division of Highways (NCDOT)
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Wildlife Resources Commission
Local Permit Officer
Dept. of Cultural Res / Underwater Archaeology
Division of Marine Fisheries - DCM
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RECEIVED
DIVISION OF COASTAL MANAGEMENT FEB 19 2018
FIELD INVESTIGATION REPORT
!CM- �!HD CITY
1. APPLICANT'S NAME: MREC-TidalWalk, LLC c/o David Jones - TidalWalk Community Dock Dredging
2. LOCATION OF PROJECT SITE: 1409 Tidalwalk Drive, within the TidalWalk Subdivision off of Myrtle Grove Road
(SR 1148) and Carolina Beach Road (US HWY 421), adjacent to the Atlantic Intracoastal Waterway and Myrtle
Grove Sound, near Wilmington, New Hanover Co.
Photo Inclex-2006:21-7381:20-22,N-O Latitude:34°05'21.02112"N Longitude: 77053'02.26773"W
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 1/29/2018
Was Applicant Present — No
S. PROCESSING PROCEDURE: Application Received—1/16/2018 (initial) 2/13/18 (complete)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — City of Wilmington/New Hanover Co.
Land Classification From LUP — Conservation/Resource Protection
(B) AEC(s) Involved: PTA, EW
Water Dependent: Yes
(D) Intended Use: Private Community/Commercial
(E) Wastewater Treatment:Existing — Municipal
Planned — NA
ri
(F) Type of Structures:
Existing —subdivision and community docking facility
Planned — dredging in vicinity of community docking facility
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION: [AREA]
DREDGED
FILLED QTH E
(A) Vegetated Wetlands (shading impact)
(B) Non -Vegetated Wetlands (Open water)
12,000 ftz
(C) Other - Highground
2,000 ftz
(D)
Total Area Disturbed:
14,000 ftZ
(0.3 acres)
(E)
Primary Nursery Area:
Yes
(F)
Water Classification: SA-ORW
Open: Yes
B. PROJECT SUMMARY: The applicant is proposing new dredging around an existing community docking facility.

RECEIVED
MREC-Tidal Walk, LLC c/o David Jones
Page Two
9.
FEB 19 2018
DCM- MHD C9TY
The project site is located almost at the intersection of Myrtle Grove Road and Carolina Beach Road (US HWY
421), at the TidalWalk Subdivision, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Myrtle Grove
Sound, near Wilmington, in New Hanover County. To locate the project site from the Wilmington Regional Office
(WiRO), travel from Wilmington towards Carolina Beach south on College Road (NC Hwy 421) for approximately
10 miles until you reach the stop light at Myrtle Grove Road. Turn left onto left onto Myrtle Grove Road and the
entrance to the subdivision will be on the right hand side at Cupola Drive. Continue to travel on Cupola Drive
until you reach Tidal Walk Drive. Take a right onto Tidal Walk Drive and continue until you reach the cul-de-sac
at the eastern most end of the subdivision, which will be adjacent to the project location.
The subdivision is approximately 106.1 acres, which measures approximately 6,000 feet in depth and averages
approximately 1,000' to 1,300' in width from Myrtle Grove Road to Myrtle Grove Sound marsh. There is >1000'
of shoreline. Elevation at the site averages approximately 2-3' above normal high water (NHW). Located at the
terminal end of the subdivision adjacent to Myrtle Grove Sound/AIWW is a single-family home. There are
existing single-family residences within the subdivision, but it is not fully built out.
The previous property owner (Myrtle Grove Investments, LLC c/o Tim Wilson) obtained State Permit No. 56-07
on 05/30/2007 for the upland portion of the 153-lot subdivision, which included infrastructure and Section
"404" wetland impacts for road crossings. The authorized upland development has been completed. State
Permit No. 56-07 was modified on 12/08/2008 for the construction of a community clubhouse building on the
eastern end of the subdivision. State Permit No. 56-07 was then modified on 05/04/2009 for the construction of
a nine -slip community docking facility, which has been completed. The docking facility extends from the
terminus of the property in an easterly direction into Myrtle Grove Sound. There is a fixed pier that measures
approximately 200' by 6' and terminates in an "L-head" platform measuring approximately 18' by 18'. From the
southern waterward edge of the access pier a fixed access pier extends in a southerly direction, parallel to the
channel and measures approximately 134' by 5'. Along the eastern edge of this fixed pier, there are five (5)
finger piers, each measuring approximately 24' by 5'. On the landward side of the fixed pier that is parallel to the
channel is a floating platform measuring approximately 20' by 8'. The northernmost slip has a 13' by 13' boat lift.
Current water depths in the vicinity of the facility range from approximately -3.4' to -3.8' at NLW, which were
measured during a site visit conducted by DCM on 1/29/18. The application states that existing water depths are
-2' MLW in the basin area. A Letter of Refinement was issued on 06/27/2011 for the relocation of the partially
completed clubhouse building to the western end of the subdivision, which was authorized under the minor
modification on 12/08/2008, aforementioned. State Permit No. 56-07 was then transferred to MREC-Tidal Walk,
LLC on 03/18/2011. State Permit No. 56-07 was then modified through a Major Modification on 8/14/13 to
authorize an elevated boardwalk. State Permit No. 56-07 was mofified through a Minor Modificaiton on 3/19/15
to authorize the demolition of a structure on the easternmost point of the lot, construct new retaining walls
around the drive connecting the point area to the mainland, and retaining walls around the lots on the point.
State Permit No. 56-07 was modified again through a Minor Modification issued on 11/3/16 to authorize
construction of a concrete driveway and culvert on Lot 428. State Permit No. 56-07 expired on 12/31/2016.
Vegetation associated with the high ground portion of the property, consists primarily of Live Oak (Quercus
virginiana), Laurel Oak (Quercus laurifolia), Labially Pine (Pinus toeda), Sweet Bay (Magnolia virginiano) and
Loblolly Bay (Gordonia losianthus). Understory vegetation includes Greenbriar (Smilax lourifolia) and Wax Myrtle
(Myrica cerifera). Transitional species, including: Bulrush (Scirpus sp.), Seaside Golden Rod (Solidago
sempervirens L.), Wax Myrtle, Common Reed (Phragmites oustralis), Sea Oxeye (Borrichiafrutescens), Saw Grass
(Cladium jamaicense) and Grounsel-bush (Boccharus halimifolia) are located along the upper edge of the Coastal
Wetlands. High coastal marsh vegetation, including, Black Needle Rush (luncus roemorianus), Spike Grass
(Distichlis spicato), Sea Lavender (Limonium, spp.), and Salt Meadow Grass (Spartina patens) complete the

RECEIVE®
MREC-Tidal Walk, LLC c/o David Jones
Page Three
FEB 19 2018
0CM- MI -ID CITY
transition to the edge of the water of Myrtle Grove Sound where Smooth Cordgrass (Sportina alterniflora) is the
predominant species.
The waters of the Myrtle Grove Sound/AIWW, adjacent to the project site, are classified as SA-ORW by the
North Carolina Division of Water Resources. They are designated as a Primary Nursery Area (PNA) by the N.C.
Division of Marine Fisheries, and they are OPEN to the harvest of shellfish.
PROPOSED PROJECT
The applicant is proposing new dredging around an existing community docking facility. The application states
the proposed new dredging would include slips 1-9 and the dredge box would extend 65' from the landward
edge of the slips toward the AIWW to a depth of -4' at MLW. From the dredge box an access channel would
extend towards the AIWW measuring approximately 30' in width by 135' in length to connect to water depths of
-4' at MLW. The dredge footprint would be landward of the USACE 80' channel setback by approximately 30'.
10. ANTICIPATED IMPACTS
The proposed excavation would remove approximately 680 cubic yards of sediment, in a 12,000 ftZ area, of
shallow bottom habitat in Public Trust Waters and Estuarine Waters. It is also a Primary Nursery Area with no
history of dredging. The application states that the sediment will be removed via bucket to barge, but a dredge
contractor or disposal site has not yet been identified. The disposal of 680 cubic yards would potentially impact
approximately 2,000 ftZ of upland area. Minor turbidity should be expected during excavation.
Submitted by: Courtney Spears Date: February 13, 2018 Office: Wilmington

RECEIVED
3. DCM MP-1 Section 6.0 Additional Information FEB 19 2018
3.1 Section 6. a. Project Narrative
3.1.1 Project Location and Existing Conditions DCR^yD CITY
The project is located on the Atlantic intracoastal waterway at the TidalWalk Community Dock located on Myrtle
Grove Sound, New Hanover County, NC. MREC TidalWalk, LLC, owns the common area associated with
TidalWalk's existing community dock (R08200-005-100-000). The dock system is fixed and contains nine boat
slips with lifts, a fixed gazebo, and a floating platform. Proposed work would be limited to public trust waters of
Myrtle Grove Sound identified as stream index 18-87-31 "Myrtle Grove Sound Shell -fishing Area" with the
stream classification "SA-ORW".
3.1.2 Proposed Action
There is no upland work proposed. A sandbar aligned parallel to the AIWW has developed north and south of
the existing dock and can be seen on the aerial photograph enclosed. The sand bar extends into slips on the
southern end of the existing dock. Water depths within the existing slips numbered 1-6 on the enclosed Sheet
4 have less than two feet of water at low tide, limiting navigation into and out of the slips. The applicant is
seeking dredging within the existing slips, their backing distances, the remaining slips 7-9 and a 30 ft wide
channel to the -4' MLW contour. Dredging area is approximately 12,000 sft and dredge volume is estimated to
be 680 cy. Bucket -to -barge excavation is proposed, and the excavated material will be deposited in a place to
be determined. See Appendix C for details.
Application for Major Development Permit —January 2018
Tidalwalk Community Dock Dredging
New Hanover County, North Carolina
E; NED
uGtii WILMINGTON, NC
FEB 13 2018
VA

1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
RECEIVED
FEB 19 2018
DCM- MHD CIT)i
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant(Landowner Information
Business Name
Project Name (if applicable)
MREC-TldalWalk, LLC
TidalWalk Community Dock Dredging
Applicant 1: First Name
MI
Last Name
C/O David
Jones
Applicant 2: First Name
MI
Last Name
if additional applicants, please attach an additional pages) with names listed.
Mailing Address
PO Box
City
State
516 Northwest Street
Raleigh
NC
ZIP
Country
Phone No.
FAX No.
27603
USA
919-256-1981
919-256-1982
Street Address (if different from above)
City
State
ZIP
NA
Email
David(@LVNT.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
21P
NA
Email
[e-mail]; [e-mail]
Application for Major Development Permit —January 2018
Tidalwalk Community Dock Dredging RECEIVED
DCM WILMINGTON, NC
New Hanover County, North Carolina 1
JAN! t fi 2w

RECEIVED
FEB 1 9 2niQ
3. Project Location
County (can be multiple)
Street Address
S - IVHD C
New Hanover
1409 TIDALWALK DRIVE
NA
Subdivision Name
City
State
Zip
TidalWalk
NA
NC
28409
Phone No.
Lot No.(s) (d many, attach additional page with list)
NA
NA
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Fear
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.
Wilmington
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
>1,000 @ NHW
1.94 +/- acres
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NA
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
2-3 ®NHW or ❑NWL
e.
Vegetation on tract
Grasses and Small Herbaceous
f.
Man-made features and uses now on tract
Community dock facility with nine boat slips with lifts, fixed gazebo and floating platform
g.
Identify and describe the existing land uses adlacent to the proposed project site.
Residential homes and docking facilities; community docks and slips.
In.
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)
SYes []No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo [_]NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a National []Yes SNo []NA
Register listed or eligible property?
TY
Application for Major Development Permit — January 2018
Tidalwalk Community Dock Dredging RECEIVED
New Hanover County, North Carolina DG( WILMINGTON, NC
JAN 16 2018

m. (i) Are there wetlands on the site? ®Yes []No R
ii Are there coastal wetlands on the site? ®Yes [-]No- - E C E D
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No FEB 19
(Attach documentation, if available) NO UPLAND DEVELOPMENT PROPOSED. SEE
APPENDIX A FOR DETAILS.
n. Describe existing wastewater treatment facilities.
Municipal
o. Describe existing drinking water supply source.
Municipal
p. Describe existing stone water management or treatment systems.
None
/ED
W-11
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
The applicant proposes to conduct dredging within slips 1-6, which have less than 2 feet at low tide, and slips 7-9 and a 30 ft
wide channel to -4MLW. The purpose of the project is to provide water access and boat slips access to all of the existing facility
slips for the 1.94-acre community access property.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Bucket--to-barge dredging is proposed. Equipment will be stored on site, if needed.
d.
List all development activities you propose.
Dredging to -4 MLW within the footprints of slips 1-9 and a 30 ft wide channel. No upland development is proposed.
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 ❑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.
CITY
RECEIVED
norrne wu MWGTON. NC
Application for Major Development Permit —January 2018
Tidalwalk Community Dock Dredging JAN 16 2018
New Hanover County, North Carolina 3

B. 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 lobe complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction
booklet on how to property prepare the required items below.
a.
A project narrative.
b.
An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion 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 (npanan) 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 3535 Phone No. NA
Address 3535 Seaview Road, Wilmington, NC 28409
Name Robert and Nancy Glasgow Phone No. NA
Address 237 Chimney Lane, Wilmington, NC 28409
Name See attached list for E Seaview Road HOA Phone No.
Address
g.
A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dales.
MREC TidalWak, LLC; (1) Permit 56-07 05I3=007 (2) Permit 56-07 Major Modification 05/04/2009 (4) Permit 56-07 Major
Modification 08/14/2013 and (5) Permit 56-07 Minor Modification 1213112016
h.
Signed consultant or agent authorization form, if applicable.
i.
Welland 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.
to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application. The
project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the
aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date: 2/13/2018 Print Name: Greg Pinch. 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 —January 2018
Tidalwalk Community Dock Dredging
New Hanover County, North Carolina
❑DCM MP-5 Bridges and Culverts
-.aVEC
DGhi WILMINGTON, NC
FEB 13 2018
RECEll VE'D
FEB 19 2018
DCM- 1VrriD U 1 I
4

11MreT aIIIDINL I1 1""�a
EXCAVATIO-N and FILL
(Except for bridges and culverts)
Access
Other (excluding
Channel
Canal
Boat
Boat
Rock
Rock
shoreline
(NLW or
Basin
Ramp
Groin
Breakwater
stabilization)
NWL)
Length
140
153
Width
30
64
Avg. Existing
3' MLW
—2' MLW
NA
NA
Depth
Final Project
_4' MLW
-4' MLW
NA
NA
Depth
1. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. Sand
680
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
NA
d. High -ground excavation in cubic yards.
None
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
To be determined To be determined
c. (i) Do you claim title to disposal area?
[]Yes ❑No [DNA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL SNone
(ii) Describe the purpose of disposal in these areas:
NA.
d. (i) Will a disposal area be available for future maintenance?
[]Yes ❑No SNA
(ii) If yes, where?
NA
f. (i) Does the disposal include any area in the water?
❑Yes SNo ❑NA
(ii) If yes, how much water area is affected?
RECEIVED
FEB 19 2018
DCM- MHD CITY
Application for Major Development Permit — January 2018 RECEIVED
Tidalwalk Community Dock Dredging DCM WILMINGTON, NO
New Hanover County, North Carolina 5
JAN ? 9 7018

3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization:
[]Bulkhead ❑Riprap ❑Breakwater/Sill []Other:
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
b. Length:
Width:
d. Maximum distance watenvard of NHW or NW L:
I. (i) Has there been shoreline erosion during preceding 12 months?
❑Yes ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES []This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ®No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water
(III) Dimensions of fill area
(iv) Purpose of fill
submerged aquatic vegetation (SAV), shell bottom (SB), or other
wetlands (WL)? If any boxes are checked, provide the number
of square feet affected.
❑CW ❑SAV _ ❑SB
OWL ®None
(ii) Describe the purpose of the fill in these areas:
NA
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
No land disturbing activities at the project site. Upland dredge spoil Typical bucket to barge equipment, backhoe, excavator, barge.
disposal site to be determined.
c. (i) Will navigational aids be required as a result of the project? d. (1) Will wetlands be crossed in transporting equipment to project
❑Yes ®No ❑NA site? ❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
NA environmental impacts.
NA
Date
1/16/2018
Project Name
TidalWalk Subdivision Community Dock
Applicant Name
MREC-TidalWalk, LLC c/o David Jones
Applicant Sign re
Greg Finch, Agent, Land Management Group, Inc.
Application for Major Development Permit —January 2018
Tidalwalk Community Dock Dredging
New Hanover County, North Carolina
RECEIVED
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
6

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Project: Date: Revision Date:
4LMG TidalWalk Community Dock 1/1612018 NA
Scale: Job Number:
Title: 02-15-182
3905 Wrightsville Ave., Suite 15 VICIDI Ma Drawn BY: Sheet:
Wilmington, North Carolina 28403 p GSF
Telephone: [phone] of 5

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FEB 19 2018
DCM- VHD
RECEIVED
DCM WILMINGTON,
.IAN 16 2018
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Project:
Date:
Revision Date:
LMG
TidalWalk Community Dock
1116016
NA
Scale:
Job Number:
LAND w.N..Isom-'.
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Title:
3805 Wrightsville Ave., Suite 15
USGS Topographic Map
Drawn By:
Sheet:
Wilmington, North Caroline 29403
Carolina Beach Quad
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Telephone. [phone]
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of

Coastal Management
ENVIRONMENTAL QUALITY
February 15, 2018
TO:
Mark Zeigler
Division of Community Assistance
Wilmington Regional Office
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Dtreclor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aDncdenr.gov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: MREC-Tida/Walk, LLC
Project Location: 1409 TidalWalk Dr., adjacent to the AIWW and Myrtle Grove Sound,
near Wilmington, in New Hanover County
Proposed Project: to perform new dredging within an existing community 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 11, 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] 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 h ✓�� DATED 2 ` 1& r 18
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal (hive Ext., Wilmington, NC 28405
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
February 15, 2018
TO:
Heidi Cox
Regional Engineering Supervisor
Public Water Supply-WiRO
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON DAVIS
/l�� Uirecror
�lvl . FEB 16 2018
�1R0 plWaterRes
ublicWaterours
gupP/v
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCilncdenraov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: MREC-TidalWalk, LLC
Project Location: 1409 TidalWalk Dr., adjacent to the AIWW and Myrtle Grove Sound,
near Wilmington, in New Hanover County
Proposed Project: to perform new dredging within an existing community 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 11, 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] 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 ZI/ Y
PEC; -:,%/Ef ,
DCM WILNIINGTON, NC
r4aP, i) s 2W
Myl
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ezt., Wilmington, NC 28405
910-796-7215

0
Coastal Management
ENVIRONMENTAL QUALITY
ROY COOPER
Gommor
MICHAEL S. REGAN
secretary
BRAXTON DAVIS
Dimdor_
February 15, 2018
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(a)ncdenr.aov
Fax: [phone] (.Courier 0446d33),
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: MREC-TidalWalk, LLC
Project Location: 1409 TidalWalk Dr., adjacent to the AIWW and Myrtle Grove Sound,
near Wilmington, in New Hanover County
Proposed Project: to perform new dredging within an existing community docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
eturn this form to Heather Coats at the address above by March 11, 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] 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 �Old DATED 2 I Ll6 1 12b,6
RECEIVED
DCM WILMINGTON, NC
State ofNmth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 FEB 19 2018
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
February 15, 2018
TO:
Curt Weychert
Fisheries Resource Specialist
MHC-DCM
RECEIVED
FEB 19 2018
ROY COOPER
Gown,"
MICHAEL S. REGAN
emery
DCM- MHD CITY BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext„ Wilm., NC 28405 heather. coatsEnncdenroov
Fax: [phone] (Courier 04-16.33)
SUBJECT. CAMA/Dredge & Fill Application Review
Applicant: MREC-TidniWalk,:LLCI
Project Location: 1409 TidalWalk Dr., adjacent to the AIWW and Myrtle Grove Sound,
near Wilmington, in New Hanover County
Proposed Project: to perform new dredging within an existing community 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 11, 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] 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 NJI
RECEIVED
FEB 2 2 201N
Slate of North Carolina; Ew oran<ntal Quality I Coastal MatraaeoalR
127 Cardinal Dove Ext, Wihnington, NC 28405
910-796-7215 DCM WILMINGTON, NC

M13MORANDOA1.
TQI Headier 'Coats, PW.Assistant Major Permit:Coordinafor
FROM, Cidt W6ychdft, DCM'Fish'effes Ra Specialist-
Aliat
SUBJEC, T.- _MPIC'mTi-dalWA, UC.
Fdbrugry2_1 j"-2Q 1g,
9rho"projeo area
Grove$qpdj Nc
Resour,ce Waterg
Ihatdfff&frorA• PN A h
Therw4tersdii,the,proie-et ardxA
ion 6fWatdr'R6soufcb9.-Ahd ate
'line modification major permit #56 07,
existing O'ockingfacility ,was ,authorized it
Borth Carolina Wildlife Resources Cbihft
area " yn 'the'futurc use the fhcflityl,
denied permjfcopdifiqn.#on the p(
new ftogiq 'wexcavation within'the-PT,
OW
ROY.00, I OPEWi
Lk G N,i
iB'RWX-T 6WO,
SA-OtttstandIh&
e applicant..is
ng, --pulld" i. c-'11- el-
i6nal channel..of
wrizing the e?;pqstpLi and reconfiguration of
iyof.2009'. Comments from both ,.the NCbMJF and.,
A scophigift6ethit.t6f the.#ropoW,drWging pxcjec- t'.0--ccurrea
Regional Office. Rcpre§eAtAtIVesfr6tnNationaI Marine Fiihe
and'DOMAI expresied concerns ,,and opposition"ip new OrqdgJ
are estuarine waters where initial post, lirval,development occi
story, thus protection .of these; areas are. imper
Greatepibp 750/6;df recreatipnallv and-.-commei
coast h awvstuarinwcompon�eni (izox�
1919z).
that Will create an in6teaCget"M'tdibiditv..and,resi
§wtQ(*rkh Ca(O&A I �- m-wtaqaa y I "OW M--Rqp-1
400,Co Omd Awnm I MombeadiCity, N08557
redge,wque"aitsmill.- be
also. si.414that"nul
2'67-attbe;
1999).

Larvae and juveniles, especially filter feeding species; have a higher sensitivity to turbidity than
adults (West et at. 1994). An increase in suspended sediments can result in clogged gill surfaces and
mortality, and can cover oysters, SAV, and other sessile fauna and flora. In eutrophic systems an
increase in nutrients through bottom disturbances can result in algal blooms and hypoxia (Corbett et
al. 2004; DMF 1999; Paerl et al. 1998).
Therefore, this office objects to the proposed project due to the significant adverse impacts to marine
and estuarine resources at the at the project site. Contact Curt Weychert at [phone] ext. 213 or
Curt. [e-mail] with further questions or concerns.
Corbett, D. R., T. West, L. Clough, and H. Daniels. 2004. Potential impacts of bottom trawling on
water column productivity and sediment transport processes. NC SeaGrant, Raleigh, NC, NC
SeaGrant Project No. O1-EP-04, 57p.
DMF (North Carolina Division of Marine Fisheries). 1999. Shrimp and crab trawling in North
Carolina's estuarine waters. DENR, Morehead City, NC, Report to NC Marine Fisheries
Commission, 121p.
Fox, W.W. 1992. Stemming the tide: challenges for conserving the nation's coastal fish habitats.
Pages 9-12 in R.H. Stroud, editor. Stemming the tide of coastal fish habitat loss. National
Coalition for Marine Conservation, Savanah, Georgia.
Paerl, H. W., J. Pinckney, J. Fear, and B. Peierls. 1998. Ecosystem response to internal watershed
organic matter loading: Consequences for hypoxia in the eutrophying Neuse River Estuary,
North Carolina. Marine Ecological Progress Series 166: 17-25.
Scare of North C=hna I Envuomuntal Quality I Coastal Mwtagemmat
1367 US Hwy 17 South I E uumbeth City, NC 27909
252-264-3901

UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, Florida 33701-5505
httpJ/sero.nmfs.noaa.gov
April 23, 2018
(Sent via Electronic Mail)
Colonel Robert J. Clark., Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Tyler Crumbley
Dear Colonel Clark:
F/SER47:FR/pw
RECEIVED
MAY 7 2018
MP SECTION MHD
NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice requesting
comments for Action ID No. SAW-2004-01082 dated March 26, 2018. The applicant, Tidal
Walk, LLC, proposes to conduct new dredging in waters adjacent to the Atlantic Intracoastal
Waterway (AIWW) and Myrtle Grove Sound, at 1409 Tidal Walk Drive, in Wilmington, New
Hanover County. The Wilmington District's initial determination is the proposed project is
likely to affect adversely essential fish habitat (EFH) and associated fisheries managed by South
Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management
Council, or NMFS. As the nation's federal trustee for the conservation and management of
marine, estuarine, and diadromous fishery resources, the NMFS provides the following
comments and recommendations pursuant to the authorities of the Fish and Wildlife
Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act
(Magnuson -Stevens Act).
Description of the Proposed Project
The applicant proposes to dredge an area of 12,000 square feet of open tidal water around an
existing community docking facility. The dredging is proposed to include the waters in and
around slips 1 through 9 and include an access channel that extends 65 feet waterward of the
existing outside slips to connect to the AIWW. The proposed depth of dredging is to -4 feet
MLW (current depths are listed as -2 to -3 feet MLW). The proposed access channel is proposed
to be 135 feet in length and 30 feet wide from the dock out to the AIWW. Approximately 680
cubic yards of material would be removed by bucket to barge method. No permitted dredging
has occurred at this site previously.
Waters within the project area are designated as Primary Nursery Area, (PNA) are classified as
SA-ORW, and are open to the taking of shellfish. Water depths within the docking facility
measured by staff from the North Carolina Division of Coastal Management ranged from -3.4
feet NLW to -3.8 feet NLW, very similar to depths listed in the original application. Submerged
aquatic vegetation (SAV) has not been verified in the project area.

Consultation History
The state Major Modification (Permit No. 56-07) that authorized construction of this docking
facility had a condition stating "...no new dredging or excavation within the PNA shall be
permitted.....The permittee is advised that this condition will be enforced even if future shoaling
limits the use of the authorized docking facility."
Impacts to Essential Fish Habitat
Excavating around and in the docking facility and access channel would disturb approximately
12,000 square feet of shallow bottom habitat. The SAFMC identifies shallow sub -tidal bottom in
estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp. The SAFMC also
identifies state -designated nursery areas as a Habitat Area of Particular Concern (HAPC) for
shrimp, gag, and gray snapper. HAPCs are a subset of EFH that are raze, particularly susceptible
to human -induced degradation, especially important ecologically, or located in an
environmentally stressed area. The SAFMC identifies these areas as EFH because fishes and
shrimp concentrate in these habitats for feeding and refuge and experience high growth and
survival rates when located in these habitats. The SAFMC provides detailed information on the
EFH requirements of federally managed species in amendments to the fishery management plans
and in Fishery Ecosystem Plan of the South Atlantic Region.
The project area functions as nursery habitat for federally -managed species as well as other
species of commercial or recreational importance including red drum, Atlantic croaker, spot,
Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of these
species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel, Spanish
mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes and
sharks).
EFH Conservation Recommendation
Section 305(b)(4)(A) of the Magnuson -Stevens Act requires the NMFS to provide EFH
Conservation Recommendations for any federal action or permit which may result in adverse
impacts to EFH. Therefore, the NMFS recommends the following to ensure the conservation of
EFH and associated fishery resources:
• No dredging should be authorized.
Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR
Section 600.920(k) require the Wilmington District to provide a written response to this letter
within 30 days of its receipt. If it is not possible to provide a substantive response within 30
days, in accordance with the "findings" with the Wilmington District, an interim response should
be provided to the NMFS. A detailed response then must be provided prior to final approval of
the action. The detailed response must include a description of measures proposed by the
Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the
response is inconsistent with the EFH conservation recommendations, the Wilmington District
must provide a substantive discussion justifying the reasons for not folloV E I V E
recommendations.
MAY 7 2018
MP SECTION MHD

Thank you for the opportunity to provide these comments. Please direct related questions or
comments to the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island
Road, Beaufort, North Carolina 28516-9722, or at [phone].
/ for
cc: COE, [e-mail]
USFWS, [e-mail]
NCDCM, [e-mail]
NCDCM, [e-mail]
NCWRC, [e-mail]
EPA, [e-mail]
SAFMC, [e-mail]
F/SER4, [e-mail]
F/SER47, [e-mail]
Sincerely,
/OL,a 4,1A
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division

Coastal Management
ENVIRONMENTAL QUALITY
February 15, 2018
TO:
Georgette Scott
Stormwater Section
DEMLR - WiRO
TM
ROY COOPER
Govern.,
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
novoor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: MREC-TidalWalk, LLC
Project Location: 1409 TidalWalk Dr., adjacent to the AIWW and Myrtle Grove Sound,
near Wilmington, in New Hanover County
Proposed Project: to perform new dredging within an existing community 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 11, 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] 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 Z12 Z /l
DCM WECVED
ILMINGTON, NC
FEB 2 6 2018 RECEIVED
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215
FEB 15 2018
NCDEQ
WILMINGTON RO

RECEIVED
FEB 21 2018
Coastal Management DOA
ENVIRONMENTAL QUALITY STATE PROPERTY
OFFICE
February 15, 2018
TO: Tim Walton
Dept of Administration
State Property Office
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Direclor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCa)ncdenrgov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: MREC-TidalWalk, LLC
Project Location: 1409 TidalWalk Dr., adjacent to the A/WW and Myrtle Grove Sound,
near Wilmington, in New Hanover County
Proposed Project: to perform new dredging within an existing community 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 11, 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
1� **Additional comments may be attached**
O�`�
O� �/ This agency has no comment on the proposed project.
a
bald This agency approves of the project only if the recommended changes
are incorporated. See attached.
SIGNEC
This agency objects to the project for reasons described in the attached
comments.
DATED J
W/
RECEIVED
DCM WILMINGTON, NC
State of North Carolina I Environmental Quality I Coastal Management M A I, 0 p 2018
127 Cardinal Dnve Ext., Wilmington, NC 28405 I� i1 c'
910-796-7215

q_t�j §owp,
Received: 03/01 /2018
ROY COOPER
State Historic Preservation Office ,.
MICHAEL S. REGAN
.Prnnwy
Coastal ManaWment BRAXTON DAVIS
(a1V�WAL WAUT Ilennor
ER 18-0420
February 15, 2018
TO Renee Gledhill -Early Due -- 3/9/18
Dept. of Cultural Resources
Archives & History
A -
FROM' Heather Coats, Assistant Major Permits Coordinator 1-1-At
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather,coats@ncdenr, gov
Fax [phone] (Courflilir 04-16-33)
SUBJECT CAMA / Dredge & Fill Application Review
Applicant: MREC-TidalWalk, LLC
Project Location: 1409 TidalWalk Dr., adjacent to the AIWW and Myrtle Grove Sound,
near Wilmington, in New Hanover County
Proposed Project: to perform new dredging within an existing community docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
mttim Ws form to HoadW Coats at the address above by March 11, 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] 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 3 ' (q ' (9
RECENEID
MAR 19
film d Nunh Crdm , rAHn+nmrnul QUM,, Caw M.wp.. ••,,
127(:.awl O�w L.I. Wilmmpm. W uw7 DCM WILM�I4IPVj ,LBTtl
VI0.,4t,.nls

0
Coastal Management
ENVIRONMENTAL QUALITY
February 15, 2018
TO:
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Amclor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(-ncdenraov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA/Dredge B Fill Application Review
Applicant: MREC-TidalWalk, LLC
Project location: 1409 TidalWalk Dr., adjacent to the AIWW and Myrtle Grove Sound,
near Wilmington, in New Hanover County
Proposed Project: to perform new dredging within an existing community 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 11, 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] 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"
i� 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 0 C/
RECEIVED
FEB 2 9 2018
State of North Carolina I Environmental Quality I Coastal Management 'TV
t 27 Cardinal Drive Ezt., Wilmington, NC 28405 D Cj M- M H D C 1
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
February 15, 2018
TO:
David Harris
NC DOT
Roadside Environmental Unit
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
BRAXTON DAVIS
Drrecror
RECEIVED
MAR 0 6 2018
NC DOT
DISTRICT 3
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aD-ncdenrgov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: MREC-TidalWalk, LLC
Project Location: 1409 TidalWalk Dr., adjacent to the AIWW and Myrtle Grove Sound,
near Wilmington, in New Hanover County
Proposed Project: to perform new dredging within an existing community 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 11, 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] 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 03/11 !I3
RECEIVED
DCM WILMINt,TOrJ. NC
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Dive Ext., Wilmington, NC 28405
910-796-7215

mcoa0aWariagmad
EKVWAWMAL QUALM
February -15;201&
To: 134r6li Galloway
Local-krinit-'Offi6er
bounty. of.kew, Hanover
FIRM
SiA3JF-dT:
RECEIVE][)
F
i 2 2018:
NEW HANOVER COUNTY
PLANNING &ZONING
CAM/ Aniiil%fe & F#l'App#q9qqn-Rqv1ew
Applicant' MRISC41dalWalk, LLC
ROY COOPER
Couarnv
MICHAEL S. REGAN
BRAXTON DAVIS
Dft"
Project Location: 1460'rideM(iiik:D' .-, adjacent tothoAIWWand :MyifleGrove Sound;
near Wilmington, in New Hanover -County
Proposed Project. to perform new dredging within an Ohft community dqckfng facility
P,10ase.indicate: below youragency's position or viewpoint on the proposed project and
return &a kinn 1 06 ifeitize'r-C-oks, it the address dkiove, byMarch 11, 201& If you have any
questions regarding the proposed project,- oonffict, DquiI60V Spears at (91 O)796-7423 when appropriate
ln=depth comments with supporting data Is requested.
REPLY: Lhis agency has.no objectionitoAhe project as proposeid.
"Additional comments may bwattached"
1'r,
is agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
Are incorporatedi See attached.
This agency objects to the project for reasons described in the attached
comments.
" SIGNE DATED --=;Z--;0/,ff.
Received
FEB 2 8 2018
sbft 0n;W& emw Hn*wmenw Q4ftl C-AWM-0-0
127.CudkdDfl0R%L.W&=9taE6NC2M, DCM
910-79r,7215

UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmosphenc Administration
NATIONAL MARINE FISHERIES SERVICE
pD Southeast Regional Office
�+rm, d+ 26313th Avenue South
St. Petersburg. Florida 33701-5505
httpJ/sero.nmfs.noaa.gov
April 23, 2018
(Sent via Electronic Mail)
Colonel Robert J. Clark., Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Tyler Crumblev
Dear Colonel Clark:
F/SER47:FR/pw
RECEIVED
MAY 1 2018
MP SECTION I' IXID
NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice requesting
comments for Action ID No. SAW-2004-01082 dated March 26, 2018. The applicant, Tidal
Walk, LLC, proposes to conduct new dredging in waters adjacent to the Atlantic Intracoastal
Waterway (AIWW) and Myrtle Grove Sound, at 1409 Tidal Walk Drive, in Wilmington, New
Hanover County. The Wilmington District's initial determination is the proposed project is
likely to affect adversely essential fish habitat (EFH) and associated fisheries managed by South
Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management
Council, or NMFS. As the nation's federal trustee for the conservation and management of
marine, estuarine, and diadromous fishery resources, the NMFS provides the following
comments and recommendations pursuant to the authorities of the Fish and Wildlife
Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act
(Magnuson -Stevens Act).
Description of the Proposed Project
The applicant proposes to dredge an area of 12,000 square feet of open tidal water around an
existing community docking facility. The dredging is proposed to include the waters in and
around slips 1 through 9 and include an access channel that extends 65 feet waterward of the
existing outside slips to connect to the AIW W. The proposed depth of dredging is to -4 feet
MLW (current depths are listed as -2 to -3 feet MLW). The proposed access channel is proposed
to be 135 feet in length and 30 feet wide from the dock out to the AIW W. Approximately 680
cubic yards of material would be removed by bucket to barge method. No permitted dredging
has occurred at this site previously.
Waters within the project area are designated as Primary Nursery Area, (PNA) are classified as
SA-ORW, and are open to the taking of shellfish. Water depths within the docking facility
measured by staff from the North Carolina Division of Coastal Management ranged from -3.4
feet NLW to -3.8 feet NLW, very similar to depths listed in the original application. Submerged
aquatic vegetation (SAV) has not been verified in the project area.

Consultation History
The state Major Modification (Permit No. 56-07) that authorized construction of this docking
facility had a condition stating "...no new dredging or excavation within the PNA shall be
permitted.....The permittee is advised that this condition will be enforced even if future shoaling
limits the use of the authorized docking facility."
Impacts to Essential Fish Habitat
Excavating around and in the docking facility and access channel would disturb approximately
12,000 square feet of shallow bottom habitat. The SAFMC identifies shallow sub -tidal bottom in
estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp. The SAFMC also
identifies state -designated nursery areas as a Habitat Area of Particular Concern (HAPC) for
shrimp, gag, and gray snapper. HAPCs are a subset of EFH that are rare, particularly susceptible
to human -induced degradation, especially important ecologically, or located in an
environmentally stressed area. The SAFMC identifies these areas as EFH because fishes and
shrimp concentrate in these habitats for feeding and refuge and experience high growth and
survival rates when located in these habitats. The SAFMC provides detailed information on the
EFH requirements of federally managed species in amendments to the fishery management plans
and in Fishery Ecosystem Plan of the South Atlantic Region.
The project area functions as nursery habitat for federally -managed species as well as other
species of commercial or recreational importance including red drum, Atlantic croaker, spot,
Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of these
species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel, Spanish
mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes and
sharks).
EFH Conservation Recommendation
Section 305(b)(4)(A) of the Magnuson -Stevens Act requires the NMFS to provide EFH
Conservation Recommendations for any federal action or permit which may result in adverse
impacts to EFH. Therefore, the NMFS recommends the following to ensure the conservation of
EFH and associated fishery resources:
• No dredging should be authorized.
Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR
Section 600.920(k) require the Wilmington District to provide a written response to this letter
within 30 days of its receipt. If it is not possible to provide a substantive response within 30
days, in accordance with the "findings" with the Wilmington District, an interim response should
be provided to the NMFS. A detailed response then must be provided prior to final approval of
the action. The detailed response must include a description of measures proposed by the
Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the
response is inconsistent with the EFH conservation recommendations, the Wilmington District
must provide a substantive discussion justifying the reasons for not following the
recommendations.
RECEIVED
MAY 1 2018
MP SECTION NIHD

Thank you for the opportunity to provide these comments. Please direct related questions or
comments to the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island
Road, Beaufort, North Carolina 28516-9722, or at [phone].
/ for
cc: COE, [e-mail]
USFWS, [e-mail]
NCDCM, [e-mail]
NCDCM, [e-mail]
NCWRC, [e-mail]
EPA, [e-mail]
SAFMC, [e-mail]
F/SER4, [e-mail]
F/SER47, [e-mail]
Sincerely,
/°" V14
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
RECEIVED
MAY 1 2018
MP SECTION MHD

RECOMMENDATIONS FOR MREC-TidalWalk, LLC c/o David Jones 2/13/2018
It is the staffs recommendation that the applicant's proposal to conduct new dredging it Ri 1`felZtVLer .Area is
INCONSISTENT with the use standards set forth in NCAC 07H. 0208 (b)(1). I V l� U
NCAC 07H. 0208 (b)(1)(I) states that: FEB 19 2018
"Maintenance excavation in canals, channels and boat basins within primary nursery df2th"-dVkQJGkTnYrged
aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and
established use, maintenance excavation may be approved if the applicant meets all of the following criteria:
N The applicant demonstrates and documents that a water -dependent need exists for the excavation;
(ii) There exists a previously permitted channel that was constructed or maintained under permits issued by the
State or Federal government. If a natural channel was in use, or if a human -made channel was constructed
before permitting was necessary, there shall be evidence that the channel was continuously used for a specific
purpose,
(iii) Excavated material can be removed and placed in a disposal area in accordance with Part (b)(1)(B) of this Rule
without impacting adjacent nursery areas and submerged aquatic vegetation as defined by the MFC; and
(iv) The original depth and width of a human -made or natural channel shall not be increased to allow a new or
expanded use of the channel."
The rule states that excavation in PNA shall be avoided, but does list some exceptions for traditional and
established use. Since there is a docking facility in this area, established use could be raised as a point of
exception, however, the docking facility was recently constructed (2011-2013). Additionally, the Major
Modification to State Permit No. 56-07 that authorized its construction has Condition No. 3 which states "The
authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H0208
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." The note
immediately following Condition No. 3 states "There exists the possibility of future shoaling of the shallow
bottom habitat at and adjacent to the location of the authorized docking facility. The permittee is advised that
Condition No. (3) of this Permit will be enforced even if such future shoaling limits the use of the authorized
docking facility."
This condition clearly identifies the status of the habitat as PNA and describes the possibility of shoaling.
According to the application materials in the Major Modification in 2008-2009 water depths were approximately
-3.2'to -3.4' at NLW. Depths measured by DCM at NLW forthis proposal were-3.4'to-3.8' at NLW, so it appears
that little, if any, shoaling has occurred in the area since the docking facility was permitted.
This office supports the recommendations of the resource agencies, particularly the findings of the DCM
Fisheries Resource Specialist and the National Marine Fisheries Service. It is recommended that this permit
request be DENIED given the inconsistency with the above referenced rules and in accordance with the permit
conditions that are applicable throughout the entire existence of the permitted structure.

OV
.-,
Coastal Management
ENVIRONMEMAL QUALITY
(.1$.J2 1�5 3k
ROY COOPER
riow"
MICHAEL S. REGAN
sur"y
BRAXTON DAVIS
0n 0.r
(19
p-
February 15, 2018 FEBCFJ (2�018
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. coats((Dncdenr.gov
Fax: [phone] (CUrier04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: MREC-TidalWalk, LLC
Project Location: 1409 TidalWalk Dr., adjacent to the AIWW and Myrtle Grove Sound,
near Wilmington, in New Hanover County
Proposed Project: to perform new dredging within an existing community 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 11, 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] 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. C�h
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 N 1 ' DATED
RECEIVED
MAR 192018
Slilc of NoRh Caulu,a'. Enviram,cMal Qudity � Cosslal hk,tagcmcnl
127 CardUW Wi Ea.. Wihniogmm NC 28405
910-79G7215 DCM WILMINGTON, NC

�i North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Heather Coats
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dumr, Coastal Coordinator
Habitat Conservation Division
DATE: March 16, 2018
SUBJECT: CAMA Dredge(Fill Permit Application for MREC-Tidalwalk, LLC, New
Hanover. North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 1409
TidalWalk Drive, adjacent the AIWW and Myrtle Grove Sound, near Wilmington, NC. Our comments
are provided in accordance with provisions of the Coastal Area Management Act (G.S. l I3A-100 through
113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.).
The applicant proposes to perform new dredging within an existing community docking facility.
Approximately 680 CY of material would be removed from a 12,000 tt2 area near the existing community
docking facility. The footprint would include slips 1-9 and extend 65' from the landward edge of the slips
to -4' MLW within the A1W W. A 30' by 135' access channel world then be dredged toward the USACE
channel. Material is proposed to be removed by bucket to barge, though no disposal site has been
identified. Myrtle Grove at this location is classified SA ORW by the Environmental Management
Commission, is designated a primary nursery area (PNA) by the NC Division of Marine Fisheries, and is
open to shellfish harvesting.
The NCWRC has reviewed the project proposal and is concerned with the impacts the project will have
on aquatic resources, including shallow bottom habitats. The NCWRC does not support projects that
request new dredging within PNAs. PNAs are defined as those areas inhabited by the embryonic, larval or
juvenile life stages of marine or estuarine fish or crustacean species due to favorable physical, chemical or
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

biological factors. Measures including no new dredging in PNAs and moratoria for certain in -water work
activities are requested and should be adhered to protect these venerable resources.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria. dunn�ancwildlife. org
RECEIVED
MAR 16
DCM WILMINGTON, NC

ii
r
r --
i
I �
ROY CpOPHIt' 1
MICI -Lis- t£EGAI
INaterResources ,L)- iD:A "CULPEPPEI
'ENVIRONMENTALOVALITY- (iNf{(nl DireRw` '
I ,
April 4; 2018. I ,,
' QWR # 2018=Q258 i I
• New.Hanaver County:
CERTIFIED'MAIL :."7008"1300 00001124" 5266
r ,RETURN RECEIPT REQUESTED=
NiREC-Tldatwalk, LLC
Mr pavid'Jones,
.56 Northwest Street;
o. .
Raleigh, k 27603 E
,b
Subject < 1 DENIAL OF4Gf WATER QUALITY CERTIFICATION j 1
i Ti&jWalk,Community,bock bredgirlg•I
'Re,arMr:Jdnes, ,•
Ot 'February20,12018, tWDivis(dn of'V1/ater Resources (Qivision) received yourtapplicatidn i'
requesting a 401 Water Quality Certification from the Division for the -subject projiddit with
subsequenti6formation receivedlon Match 19, 20'18 and Maieh 16, 2U18.. ;
.
;.; Pursuant to 15A`,NCAC 0211 .0506, a certification shall be issued when the Director, determines
thafwater quality standards -are met, including protection of existing uses: The projecthas not 1'
imetrhe follpwing requ)renignts;'
• 1SX..NCAC 02H 0506ibi(31
"does not'resu/t rri the degradation of �rountYwater or -surface waters"
There would be degradation of surface waters from the proposed neW dredging within I
. IN footprint of an existing community doiking facill ywrthih th'e.watersof Myrtlei.Grove
Sound, which •are classified as •SA2; ;bRW (Outstanding Resource-Waters)''by- the
'Environmental Management Commission and P.NA (Primary Nursery Area) by theDivW6n I
' ISA NCAC OZB 0221(2)`TIDAL SALT. WATER,f1UALITY STANDARDS FOR•ELASS SA WATERS "Coniditions Related ro
Best Usage: waters shalGmeet the cgrmWsanitafy and bacferiologic619tondords ds adapted bythe Commission fdr
Pubpc Hedli andAbli besuitIable fbrshell)'sh,cultere. Any'souree of waterpo►ludon'which precludes'anyof there.
!Uses, lncluding their jbnctiontng as PNA's on either a short-term oriong-term; basis shd# be ronsWred: to be
violahngawaterquolffystandorEt PerG5143-2,13(19) "The term'woterpdiiutidn'meonsthemon madeorman-.
In�ipcedalteroflonofthechemtcaighy�ical,,hiofogtcal'orradiaiogicpliptegnryofthewaters,° heState`,,I&I ing;
burspecifcnllynotlimited_to,btterations-iesaitingfrom.the;eoncentrationorincreaseofnotu(d1Q�M�csed ;
by man -related acdudies." s a or i artn camlwa'� FnvkD6n ntal g6fity I wale Res ppg 0 9 2018 I
1617 Mal ScrvNe rkmer 1 Raleigh, North 61mliaa 27699 1617 i
919"aw

l idalN(alkrCommlinity Dock.Dredgtng'
eWK2018;0258
401 DenFal
Page2of$,I -
of'Manne Fisheries._ Dlvlslon of Coastal Managements FisKeries :Resource Specialist"
objected to -the proposed project due to thesignifcant adverse rnpacts to marlrre And;
estuarine resources -that would occur at• the project site from new dredging_ Within
designatedsPNA'habitat (see attached memo):
in accordance -with 15A Mike 62H .0507(e) your, application .for'• a 401 Water ,;Quality
Certification' is hereby denied. This decision can be.contested as; provided in ;General Statute.
008`by'filing:a Written petition tdr ail admi�istratiVd�heari'ng'to-'the Off ice of Administrative
Hearings' (hereby known as'OAH) With n sixty' (60) calendar ftys.
A petition':form may tie obtained frog the OAH at, ftn://www ncoah,com/,,o.rby5alI,in,gifie'dAH
Clerk's Office,at (919)`431-3000 for information. 'A petition is:cansidered file&when the original
anb one (1), copy along with any applicahle,OAH, filing:fee receiyed in the QAH during normal
office hours (Monday through Friday between' 8 00arti'and'S:OOpm; exclud(ng official state
holidays). The petition,may be faxed 'to, the OAI4'A,(919) 431 31UQ.proyidedYhe,original"and
=one copy of the petition along with any';appiicable,OAti fnling fee is received by;the AAH within
five (5) business days following the faxed t' ansrrii¢sion:
Mailing address;for the:OAH'
Ifsendindvia USPostatService`' ffsending vio'delivervservice((1PS FedEx etc)
Office of AdministratiireHearings Office -of Administrative -Hearings' `
6714 Mail Service' Center` 1711 New,Hope Church'koad
Raleigh,; NC 27699-6714 Raleigh„ NC 27609-6285
One 1j cop
y py of the petition mustalso be served to (JECt:
William F. Lane;. Gen eraLGounsel
Department.ofFt6virbnrnent and Natural 116ources
1601 MaiI.Service'Center
Raleigh, NC 27699=1601 •.
4

TWIWalk,Commanity DockDredgirig
DW F(# 2018-0258
401 Denial
Page3'of,3
This completes the review of -the Division under 'section 401 of the Giean Water Act. Please6e
awaee'that you have no authorization under Section 401 of the Clean Water Act forthis activity
and any work clone within waters 'of the?state maybe a 'violation of -North Carolina General
Statuteseand Administrative Code.
Contactchad Coburn Aa 910-796-7215 or chad:co burn@ncdenreovorKaren Higgins at 919=807- '
'6360 or karen.higsinsOncdenr;gov if.you have any questions -or concerns.,
:Sincerely, '
Linda Culpepper, Interim Director
1DivWon of°Wafer Resources
Enclosure: Memo from DCM Fisheries.;Resource`Spec"ialist,re MRE'GTIdalWalk, LLC
cr. Steve Morrison —: Land .ManagernentGroup,.Inc. (via email)_
Greg Finch — Land Management Group, Inc. (via email)
Tyler Crumbley--vI ,ACE'Washingtori Regulatory Field Office"(via email)`
Doug'Huggett--'DCM Morehead City (via:email)
1-1e56erCoats—DCM WOG.jvi"a,email)
WiRO/L'aserFiche°
Filename:.180258MREC-Tldalwalk(NewHanover)_4Q1 Denlal

DocuSign Envelope ID: 1932288C-8BDE4E7D-98C3-DOC474334E5F
PC.
Water Resources
Environmental Quality
MREC-Tidalwalk, LLC
Mr. David Jones
516 Northwest Street
Raleigh, NC 27603
Subject:
Dear Mr. Jones,
March 13, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR Project #2018-0258
New Hanover County
REQUEST FOR ADDITIONAL INFORMATION
Tidalwalk Community Dock Dredging Proposal
On February 20, 2018, the Division of Water Resources (DWR) received your CAMA Major Permit
application requesting a 401 Water Quality Certification for the project above. The DWR has determined
that your application is incomplete and cannot be processed. The application is on -hold until the
following information is received:
1. According to the information within the submitted CAMA Major Permit application, you are
proposing new dredging within an area that is classified by the DWR as SA, Outstanding
Resource Waters (ORW), and are also designated as a Primary Nursery Area (PNA) by the
Division of Marine Fisheries. Due to the fact that this area has not been dredged previously, the
DWR feels that the project as proposed would have significant adverse impacts upon water
quality as was previously stated during a scoping meeting for this proposal on September 15,
2017. [15A NCAC 02B .02011
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all the above requested information
for the proper consideration of the application. If all the requested information is not received in writing
within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and
it will be returned. The return of this project will necessitate the reapplication to the Division for approval,
including a complete application package and the appropriate fee. Please contact Chad Coburn at 910-796-
7379 or by e-mail [e-mail] if you have any questions or concerns.
Sincerely, Docuslignedby:
E/
oYUta.SOIItiG�Aj—kl--0
E3ABA74AC7DC434...
Morella Sanchez -King, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office
Steve Morrison — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15,
Wilmington, NC 28403
WiRO
-'Nothing Compares=._.
State of North Carohns Invirontrental Quahry
1611 Mail Service Center Kaeieh, North Carolina 27699-1611
RECEIVED
MAR 1320,J

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: MREC-TidalWalk LLC, c/o David Jones
Mailing Address:
Phone Number:
Email Address:
516 Northwest Street
Raleigh, NC 27603
910-256-1981
[e-mail]
I certify that I have authorized Land Management Group, Inc.
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
at my property located at 0 Tidalwalk Drive
in New Hanover County.
Y
TidalWalk Commmunity Dock
1 furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owyey Information:
V Signature
1PrriintporType Name
V-1 '
Title
/ t / 'm i g
Date
This certification is valid through 12 131 /2018
RECEIVED
FEB 19 2018
DCM- MD CITY
RECEIVED
DCM WILMINGTON, NC
N , ') `/')13

LMG
LAND MANAGEMENT GROUP �Nc
Environmental Conwlranrs
January 16, 2018
Robert and Nancy Glasgow
237 Chimney Lane
Wilmington, NC 28409
To Whom It May Concern:
MREC-TidalWalk, LLC c/o David Jones are applying for a CAMA Major permit for
development activity on their property located at Tidalwalk Drive, New Hanover
County, North Carolina. The specifics of the proposed work are shown in the attached
permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required
to notify you of the development in order to give you the opportunity to comment on
the project. Please review the attached permit application and drawings. Should you
have any objections to this proposal, please send your written comments 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 gfincli lmgrouo.net
Sincerely,
Greg Finch, Agent
Land Management Group, Inc.
Enclosures
www.lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
RECENEJ
FEB 19 2018
DCM- KIND CITY
RECEIVED
DCM WILMINGTON, NC
JAN 16 2018

LMG
LAND MANAGEMENT GROUP me
Environmental Consultants
January 16, 2018
Homeowners/Claude Murray S/D
3535 Seaview Road
Wilmington, NC 28409
To Whom It May Concern:
MREC-TidalWalk, LLC c/o David Jones are applying for a CAMA Major permit for
development activity on their property located at Tidalwalk Drive, New Hanover
County, North Carolina. The specifics of the proposed work are shown in the attached
permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required
to notify you of the development in order to give you the opportunity to comment on
the project. Please review the attached permit application and drawings. Should you
have any objections to this proposal, please send your written comments 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 gfincli lmgrouo.net
Sincerely,
1. t
Greg Finch, Agent
Land Management Group, Inc.
Enclosures
www.lmgroup.net • Phone: [phone] . Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
RECEINED
FEB 19 2018
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
JAN 16 2018

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PRESNELL DANIEL W
7,717 MYRTLE GROVE RD
WILMINGTON, NC 28409
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315 SEAVIEW RD:
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FEB 1 3 201E
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331 SEAMEW LLC
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EAMES DONNIE MILLER
226 SEMINOLE TRL
WILMINGTON, NC 28409
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QCM- h0,111) CITY
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SHUE FRANCES M
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Ownership Information:
PID: R08211-002-003-000
100 ft MAPID: 313211.66.3284,000
ETAX Link
Ownership
RNENBARKWANDAGASIONS
339
409 SEAVIEW RD
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WILMINGTON, NC 28409
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Description
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131
C MURRAY DrV FEDERAL
Municipal Area: FD
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Acres,0.42
Zoning: R-15
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Class: RES
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Sq Ft Living: 0
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New Hanover County, NC I New Hano
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DGNJ WILMINGTON, NC
FEB 13 2018
RECENED
FEB 19 2018
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