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HomeMy WebLinkAboutRET 18-03 SimmonsCoastal Management ENVIRONMENTAL QUALITY May 1, 2018 Clifton & Karen Simmons 7423 Poseidon Pt. Wilmington, NC 28411 ROY COOPER Governor MICHAEL S. REGAN spy BRAXTON C. DAVIS Dvecw Re: Request for CAMA Major Permit Application Withdrawal- 7423 Poseidon Pt. Dear Mr. & Mrs. Simmons: This letter is in reference to the application you submitted to the Division of Coastal Management, which was accepted as complete on February 12, 2018, for a proposed floating dock at 7423 Poseidon Point, in Wilmington, New Hanover County. On April 27, 2018, the Division of Coastal Management received your request to withdraw the permit application referenced above, in response to objections received from resource agencies. As such, this file will be retired and considered closed in status. Please contact me at (910)-796-7302, or by email at: heather.coats0mcdenr,gov if you have any question of if can be of additional assistance. Sincerely, C �7717z-t CAS Heather Coats Assistant Major Permits Coordinator Cc: MHC Files/WiRO Files Liz Hair, USACE Chad Coburn, DWR State of North CaraWa I Environmental Qialtty I Coastal Matagetnent Wilmington Office 1 127 Cardhml Drive Extenston I W irnington, North Carolina 28405 9107967215 Coats, Heather From: Pilot Vet <pilotvet@gmail.com> Sent: Friday, April 27, 2018 4:27 PM To: Coats, Heather Subject: Re: [External] Re: CAMA application additional infolrevision request Heather, You can withdraw our application. Clif C Simmons On Apr 27, 2018, at 3:14 PM, Coats, Heather <heather.coats@ncdenr.gov> wrote: Hi Mr. Simmons, Thanks for your prompt reply and I'm sorry to be the bearer of bad news. To be sure I understand, do you wish to withdraw your application or are you seeking to place it on hold while you consider whether there may be other options? Thanks again for your consideration of our state's rules and resources and the constraints with which we work. Best regards, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(a.ncdenr. gov 127 Cardinal Drive Extension Wilmington, NC 28405 <image002.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pilot Vet [mailto:oilotvet@gmail.com] Sent: Friday, April 27, 2018 2:15 PM To: Coats, Heather<heather.coats@ncdenr.gov> Subject: [External] Re: CAMA application additional info/revision request Ms. Coats, After reading the objections to our small platform, we are disappointed but see no option but to suspend the request for our dock modification. We see no point in building a permanent lower step that would be submerged by the tides twice daily and unusable as it would become slippery and degrade from the salt water submerging it. Sincerely, Clif C Simmons On Apr 26, 2018, at 10:05 AM, Coats, Heather <heather.coats@ncdenr.eov> wrote: Hi Mr. Simmons, As we discussed, I'm attaching the letter detailing the concerns we've received regarding your proposed floating dock. Again, please look it over and let me know if you have any questions, if I can be of assistance, and/or how you would like to proceed. Best regards, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats cDncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 <image003.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. <simmons add info-04252018114158.pdf> DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Clifton and Karen Simmons PROJECT NAME: Simmons Pier Expansion COUNTY: New Hanover LOCATION OF PROJECT: 7423 Poseidon Point, adjacent to Pages Creek, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-12-18'11 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a RECEIVED FEB 19 2018 CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a D C M- M H D CITY FIELD REPRESENTATIVE: Courtney Spears DISTRICT OFFICE: WILMINGTON �s DISTRICT MANAGER REVIEW:�� `y B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 #5832 PUBLIC NOTICE REC'D: 2-18-18 END OF NOTICE DATE: 3-11-18 ✓'� ADJ. RIP. PROP NOTICES REC'D: W4#kX�tTcu wi 0,DEED REC'D: 13 t tz APPLICATION ASSIGNED TO: y 41 ON: C) 75 DAY DEADLINE: 4 1yq 11 d 150 DAY DEADLINE: MAIL OUT DATE: 2-15-18 FEDERAL DUE DATE: STATE DUE DATE: 3-11-18 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY v, avt rcr-,, " t5 los, SL" M*-/ 2104s ' �rJm 4Sa' Wy' DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Division of Community Assistance f to t S / Division of Coastal Management-LUP Consistency Public Water Section (DWR) $ wig g � Land Quality Section (DEMLR) Division of Water Resources - 401 Section 3 2 t $ Storm Water Management (DEMLR) 2e 19 State Property Office 27 1 f( / Division of Archives & History I ✓ Division of Marine Fisheries - Shellfish Section 2 q i q Division of Highways (NCDOT) Wildlife Resources Commission 3 f'L re No�kp �tXtd Local Permit Officer N Co- C Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM �Y g Corps of Engineers - Regulatory Branch 3/Z �B yp� Zo/$ —CC>Y/S Recommendations for Clifton and Karen Simmons 2/12/2018 The total area of platform was calculated as follows Shoreline length = 105, x 8 ft2 = 840 ft2 allowable. Cr+ Existing platform = (12' x 12') + 2(2' x 12' step-down) = 192 ft2 RECEIVE® Proposed floating platform = 12' x 6' = 72 ft2 Total = 264 ft2 Due to the limited amount of water, approximately 0.0' at NLW located on this side of Pages Creek as shown in the attached drawings, there will be potential for bottom disturbance and displacement of the substrate "kicking by vessel propellers to access the channel of the creek. This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom and primary nursery area. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed so as to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. The application states that the floating platform would be installed with physical stops at 18" above the substrate to prevent the floating platform from resting on the substrate at lower tides. Should a permit be issued for this proposal this office recommends standard permit conditions for docking facilities and inclusion of conditions for physical stops to remain in good condition for the life of the authorized facility. Coastal Management ENVIRONMENTAL QUALITY February 15, 2018 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Gommor MICHAEL S. REGAN SecrGary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Clifton and Karen Simmons Project Location: 7423 Poseidon Point, adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to expand an existing pier 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 (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY SIGNED �( 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. M Vvv- -Z an DATED ZI (io IIg State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY ROY COOPER , Gove`�mor L/ MIC14AEL S. REGAN Seoemry BRAXTON DAVIS Director February 15, 2018 jn( @ @ 0 V @g �ppJ ���► FEB 16 2018 TO: Heidi Cox Division of Water Resources Regional Engineering Supervisor RO-PublicWaterSupplt Public Water Supply-WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(rilncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Clifton and Karen Simmons Project Location: 7423 Poseidon Point, adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to expand an existing pier 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 (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: 7",__ 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` (.Gem (Jl (.(itii� DATED 3/7// e --NEC) ",IWGTON, NC MAR 082018 State ot'North Carolina I Enviromnental Quality I Coastal Management 127 Cardinal Drive E.L, Wilmin6Ron, NC 28405 910-796-7215 15, 2018 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office. FROM SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director Heather Coats, Assistant Major Permits Coordinator—__—. ' NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenr.aov Fax: 395-3964 "I'll ' r _16-32f CAMA Application Review Clifton and Karen Simmons 7423 Poseidon Point, adjacent to Pages Creek, in Wilmington, New. Hanover Co. to expand an existing pier facility Please indicate below your agency's position or viewpoint on the proposed project and ret rn this _form (o Heather: Goatsat the address above by March 11, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED 2-I Zc 18 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 RECEIVED DCM WILMINGTON, NC FEB 19 2018 My 4/ IL alft ROY COOPER Governor v MICHAEL S. REGAN Secretary Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY Director February 15, 2018 E TO: Chad Coburn FED 15 201E 401 Wetlands NcDea DWR-WiRO WILMINGTON P,O FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coatsCa2ncdenr.aov Fax: 395-3964 (Courie6=33) SUBJECT: CAMA Application Review Applicant: Clifton and Karen Simmons Project Location: 7423 Poseidon Point, adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to expand an existing pier facility Please indicate below your agency's position or viewpoint on the proposed project and i�etum74his form to Heather Coats'at the address above by March 99, 2098. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: / This agency ha 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 6 /L Cz 4 Z4, DATED OR12C 11e) Received MAR 0 2 2018 DCM State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY February 15, 2018 TO: Georgette Scott Stormwater Section DEMLR - WiRO ROY COOPER Governor MICHAEL S. REGAN sec emry BRAXTON DAVIS Dlreclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCcilncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Clifton and Karen Simmons Project Location: 7423 Poseidon Point, adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to expand an existing pier 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 (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: /This agency has no objection to the project as proposed. "Additional comments may be attached"" SIGNED This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATED RECEIVED DCM WILMINGTON, NC RECEIVED FEB 15 2018 State of Nonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 NCDEQ WILMINGTON RO Coastal Management ENVIRONMENTAL QUALITY February 15, 2018 TO: Tim Walton Dept of Administration State Property Office RECEIVED FEB 21 2018 DOA STATE PROPERTY OFFICE ROY COOPER commor MICHAEL S. REGAN Secretory BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Clifton and Karen Simmons Project Location: 7423 Poseidon Point, adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to expand an existing pier 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 (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ��L DATED Z 3 RECEIVED DCM WILMINGTON, NC F �r B 2 7 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Et, Wilmington, NC 28405 910-796-7215 1, Coastal Management ENVIRONMENTAL QUALITY February 15, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(c)-ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Clifton and Karen Simmons Project Location: 7423 Poseidon Point, adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to expand an existing pier 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 (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Fort, Aou d V 144l N C5 SIGNED DATED 2- RECEIVED FEB 2 9 2018 State of North Carolina I Environmental Quality I Coastal Management DCM- MHC CITY 127 Cardinal Drive Ext,, Wilmington, NC 28405 910-796-7215 I� I MC HAEL S. RkGAW BRAXTON JDAYIS February1_5, 2blS NEW HA410VEF-CCOUNTY" . ZONINty TO: Chfistine Souftrd, Local Amut Oftler , -11 County,otNew Hanover FROM "battler goats, Asa OW Major Pemft Cootdinator NCDEQ -blvbiofw ofilCoastal Management , i.2?`,Cari*nal Drive Ext,Wifrn, Fa'ii��� x !E SUBJECr. dA" Applibadon Review Projwt Lobadon. 7423'Po6didbn Point, adjacent to Pages Creek [n WitmiVoti, Now Hanovbt Co. Pmpomd'#h*a. to;expandan,exWngplerfeoft REPLY: This agency)ha&no objeclictf-tothaprojectas, 'Adollion.a(comments m be, proposed .- Wy aftacitea" This agpncrhas mc mment-q0t.h.9 proposed project. . r -_ I This. agency objectsto the project foureasons described, in the attactwd comments. DATED 4 SftftofNm&Cmo9=[Ew,m.. 127 C-&A Dri &I- WftbgW2. NC 2M 910-"&7215 Received FEB 2 8 2018 DCM 0 CoasiolUtinagement ENVIRONMENTAL allALIrY February, 1,5,. 20,18 fifel Curt W#ychert Fisheries Relsou rce,:,9ppcIaH,s,t MHCmDCM FROM: Heather Coats, Assistant Major Permits ts Coordinator' NCDEQ >.Divislonldf'Coastal Management 127 Cardinal Orive EA, Wilm; ' Fax: '3g&3964 (_Q@�Wj QAtet3j,; ROY COOPER G6vii?Ydr, MICHAEL S. REGAM S?rfffafy' ,11RAXTON DAVIS! pir"Im. i R, b - t IVE" D- lyclo-1�-UH Q-'C ITY SUBJECT:' LAMA Application Review Applicant: Project Location" 7423,Poseidoh Pointi ddjad6nt't&Pages Creek,. in Wilmih4ton, NOW Hariover'Co., Proposed Project. to expand an existing; pier facility Please Indicate below youe,agency's position or viewpoint on the proposed project - and, d t7ur-n-.thi'sf-fortrt7t6'JH-e'at'k"e'rC�a�s.,it the above by March 11, 2018. If You have any questions regard ing the proposeo'project. contact, Courtney Spears at (OIQ),706-7423,whenappropriate in-depth :comments Wth,supporting,data .is requested. REPLY'.. I This agency, has no, objection to the project nproposed. .*Addltional comm6lntw may be attached** This agency has.no comment on the proposed project; This agency, ippfoVes of the project only if the recommended changesi are incorporated.* -See aftachdd., This agency objects to the, project for rdasohs.described in the attached comments. )4 S �J/p iJIW 'Po�n SIGNED DATED If Received FEB 2. ?, 2013 Slate ONOr6 Carolina I.F61mmental-QuAky 1coastal Mma&mnt DCM 67.CW461 DdveExt;, Wilmingto4 NC 28405 010419667215! corfi,ren&I 31911f MENK OKANDUM I TQ Heather Coats, I)CMAssistant Major,PermifCoordinator, FROM CurfWeycheti, OCUFfsheries Resource Specialist 'SfigiECT! Crifton.a'nd:Kare"'n'ginulioit§-Floifing KAMM DATE:. Febrtut , r 22, 20 1�, y cause A6Y COWS R .... ...... .. SIP. PKAXTQNDAVVI;s! shallow water docks.can. iah W, at 2521309-209JU1447-33WItim) I ftzftz� February 10,26.14 TO! FROM: Susirmet: Aoollbafit- Projed Lddaffoif- Curt Waychert- Permitt Coordinator' NCDEQ Rey COOPER MXCHARL S. REPAN, Skcwapy 11RAXTOW DAVIK DIM" R CVWA A90088011 JUVIdW 7423Pd"Iddh P61fitj lVbWHMov6t'Co,, Proposediftrojact to-oxpandan,-exfstfng.pier teoffity 'X-1710401P indicate wokyour @40-00 position or viewpoint on the proposed project and address above '- by-MirdlHl 2618�lf'YbUhave any cipAtlops reg#td1644e 0topo"oprojept, ;oAtact-qmr(ney$pea � at �jIQ),7B7when propflafe REPLY; I This ageftV hAs'no'..-o*Cti6ft to the project As proposed, ""Adopt Qnalcomments .'may be attached" ThisageneV has .hocomment on the proposed project: SIGNED This AgewfcV, approVes, Of the projectonlyif the radbrrandriddd changes are !rvcoqpdrat0q..$0q attached, This adefty, objects to the, project for reasons described in the attached Received FEB 2 2: Z618 Dave;5W.,WffminMm,NC2840S DCM 910496421$ TO.. HotherCoafa, DCM. Assi.stant.MajorPermit, Coordinator Curt Wqyclmrt DCM Fisheries Resource Specialist "-1EV,11 Clifton and Kareh Sinmons-FloAting Platratin DAM. Fd6WW22,2018- cause propeller diautbance 1moset FomaIized slips 4 shallow Water, I this,office objects remains. ov 46%z iptfCHrtF�IiAl coast shallow water.docks.em waterdocks,can, thwAigaft icant, adveraq impacts to with waters depths displayed as 0' at bea,tuore appropriate proposal. If SIRIAOrNam effahminmmmemal QuaRY Lcmwmm%emeAt 4MCamnimaAftdwfMmhemaCggiNQ29337 C6as&1ftanqgeinenfj ENVIRONMENTAL QUAUTY Februarylbl 201.& TO: Curt Weychert . Fisheries Respurce..'Specialist M HC- DC . 0 'ROY COOPER •miehivi MIQHAELS. REGAN; StiMrary ,BRAXTON DAVIS Diroclor Pitt DC%1t-MHD-'C'1TY-- FROM: Heather 6oats; AssistantMajor or Permits Coordinator NCDEQ :•:Dhdsion.of Udgt6l Mimgem6rit; 127,Cardinal Urive-Ek Wilm'., NC-284051i-ea-tkdr.gioli fir.' 60 Fax � 3-65-6_4 F_0 SUBJEdT-. CAMA Application Review Applicant: Of Pro act Location.., 7423 Pdseldoh Pd1ri( adjacent to Pages Creek,. in W11ihlhjtd,7,,'N0W Hdhdv6r Co. Pioposed-Projectr to-expandan existing pier facility --Please indicate -below -your ageriby's;position or viewpoint -on the proposed project and ,6wfuwrmnrthi"sfor�mtorH'e'aih'er".'Co'at'slit'r-'.tKe�dddes§'6boV&byMirch-11,2018. lfryou KaVdany cigpstiqRs regarding the -proposed 'prpjbqt,contacfCourtney - . I I "P. - 423 when'gippropriate,' in-depth. comments with"'supporting dat wis.requested. IREPLY.. This agency, has no o6jedtiorf to'tho project, Wproposdd, **Additional commentwmay be attached" This agency has no comment on the.proposed project This Agency apprbVes.of the prdfebtbnly,11' the'mcomm6nd6d cftahges 6 ' "e incorporate s, 9e0 attached, This agency objects to the, project Wr6asohs described in the; attached comments. Asr SIGNED DATED //'mow Received MAR 6,8 2018 lot .1, TC Q n I uality I C=tal Mwgomnt DCM 127 Cwdbh'd DriveExt', Wdminglon., NC28405' 910-796-7215, r� Kra Coustvl,Nan6geinent, .ENVIRONNENTACOUNUM MEMORANDUM: TO:: HeatheeCoats, DCvl.Assist'ant,MajorPermit Coordinator) i FROM: Curt<Weycheri, DCM-Fisheries Resource Specialist' SUBJECT: Clifton and Karen Simmons:Floating Platform DATE:. February22, 2018, -re the floating platfoiin will: e' PNAs are estuarine:waterswhere'iriitial post -larval developmi post-larvallto j1uveuileand include finfish,_crabs, and shrimp. protection, and proper environtneutal''conditions during wine of theseareas are imperative •-- in cause giopeller in;addition., le PNA.. 46.y',COOPER. - Guremo� MICHAEL S : REGAN Seerc�ary' BRAXTON'DAVIS! ::DUtaon ry area (PNA) by -the North;CarolinasDivision.of stall'a floating platforin V by M. Thb area A' of water relative to normal low water (NLW). Species within this area.aie.early habit PNAsbecause theyaf ford food, ds-of their life hi'story,'thus protection x southeastern Atlantic coast, can killaquatic ycgetation or shallow water docks.can Fbrmalized slips in shallow water can allow vessels to.repeatedly contact the bottom, resulting in; aquatic vegetafion or shellfish'.bed:loss; anoxia in the sediment which can kill benthic invertebrates; and reduction.of shallow.bogpm habiiat,,.during low.tide. In addition,.vessels moving to and from these shallow, water docks can cause propeller disturbance impacts fo the PNA. The.applicant states that the structure.wll'be for kayaking actrvtties :howevei the'potential for impacts remains. Therefore, this office objects to.theproject as currently proposed due to the significant;adverse`mpacts to marine and. estuarineYesources;af the;at the protect site In PNA habitat, withwaters depths displayed as 0' at NLW, fixed structures with.stepAawn platforms to access'kayaks would be.a;more appropriate proposal If ±hr,an_plicantsver�tn recnnfignre_ttieststiv . tn. mnv 7 on emg-of imbadt to soft bottom PNA habitat, the ivith further questions or,concerm. MAR 0 8 2018 `StaleofNugh Carolina I EWro meolal Quality j,coulal Management. ®�� 400 ComniemAreeuo I Momheed C51y, NC29557 N Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 March 23, 2018 Action 1D No. SAW-2018-00418, General Permit No. 197800056 Clifton C. Simmons Karen A. Simmons 7423 Poseidon Point Wilmington, North Carolina 2,8411 Dear Mr. and Mrs. Simmons: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to expand an existing pier facility, at 7423 Poseidon Point, adjacent to Pages Creek, near Wihnington, New Hanover County, North Carolina. Coordinates are: 34.2754 N,-77.794 W. On January 1, 2017, we renewed General (Regional) Permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. General Permit No. 197800056 expires December 31, 2021. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general and special conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. Thank you for your time and cooperation. if you have questions, please contact Mr. Tyler Crumbley, of the Wilmington Regulatory Field Office, telephone: (910) 251-4170. Enclosures: Plans GP 56 conditions Since Tyler CrulLivicy, Prcjec anager Wilmington Regulatory Field Office RECEIVED MAR 2 6 2018 DCM WILMINGTON, NC �2� K Atfm W James ,,Rollaway 129 taho Wilm North Ciirohna 28423 D-Copies Fumished'(wtoenclosures): .M., Dou,%.Hu2ged - NCDEQM.CM c IN r cu Coastal Management ENVIRONMENTAL QUALITY February 15, 2018 TO: e-t$.o2-icl 0-2— Maria Dunn NC Wildlife Resources Commission For WiRO ROY COOPER Gowmor MICHAEL S. REGAN Secremry BRAXTON DAVIS DoYrtor �',� EgzprB n FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCa)ncdenr.gov Fax: 395-3964 (Co its+ 64-1&") SUBJECT: CAMA Application Review Applicant: Clifton and Karen Simmons Project Location: 7423 Poseidon Point, adjacent to Pages Creek, in Wilmington, New Hanover Co_ Proposed Project: to expand an existing pier facility Please indicate below your agency's position or viewpoint on the proposed project and return this -form to leafh irCoatsat the address above by March 11, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. — This agency objects to the project for reasons described in the attached comments. SIGNEDDATED RECEIVED MAR 16 2018 State of North Carolina I Firvironmemw Q,aktty I Co .l NLVA ..t 127 Cardinal Drive E#., Wd000gton, NC 2"05 ACM WILMINGTON, NC 910-7%-7215 NI MORANDUM' TO, HeathWCoats DAViS10t of Costal„Magagement Northt6iolmxDep'atlrgeukof Eh*onmentai:QuaTitiy WOrq- Maria,T Durrit,,C4aslal Coordinator- uoa (4cooservatiori Division DATE: Marchi16, 2Q1t, SUAVC :- LAMA'Dredge/Fill' Permit Application for CRi 6ft;Si CeuatyNotih CartlLna; $iolaghsts']vjchthe a p}reation,wtth PoseidonPAi k with provisions Seenons 4Q1'and ]Torth Carolina Wtldlifo.Resaurces Counnts`sion"(P xegard to �mpacts,on Cash and,*iildlifetesnurccs. Th6,s adlaceni to Pages:C k Wi[mitigton NC Curcorn ofthe Coastal Area Management Aet (G S 113A 1OQ 404';oflhe Ctean'Water Act,;as amendedn and the pif (4&$tat 401 The applicant proposes,to eileenEt}ieewistineverl'fieolatformwouldastabGslt.a'formalsliu:.'' 0amended 16TJ.S.0 661d, egj expand aft existiitgpteY by ingallmg a W l Mailiu'Address: HabttaE Go serYaaait 1721 Mao service Center *� Ralei NC' 2769941721 appropriate water levels for vessel use. If deeper water depths are desired, a fixed pier extension may be appropriate. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at mania dunng)ncwildlife.org RECEIVED MAR 16 2018 DCM WILMINGTON, NC \x✓ Coastal Man 1 mn mt ENVIRONMENTAL QUALITY February 15, 2018 TO: David Harris NC DOT Roadside Environmental Unit ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director 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. coatsCa2ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Clifton and Karen Simmons Project Location: 7423 Poseidon Point, adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to expand an existing pier 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 (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � evw DATED 6 IL/ �(S RECEIVED DCM WILMINGTON. NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ezt., Wilmington, NC 28405 910-796-7215 K{- Coosru(Manayeneru BIVaONAIrTK rYK1TY February 15, 2018 TO Received: 03/01 /2018 State Historic Preservation Office ROY COOPER Renee Gledhill -Easy Dept. of Cultural Resources Archives 8 History MICHAEL S. REGAN S�� ER 18-0419 Due -- 3/9/18 BRAXTON DAVIS zkm., AFL Sww�l3e1 - 19 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather,coatsC mcdenraov Fax 395-3964 (Courier 04-10-33) SUBJECT CAMA Application Review Applicant: Clifton and Karen Simmons Project Location: 7423 Poseidon Point, adjacent to Pages Creek, in Wilmington, New Hanover Co Proposed Project: to expand an existing pier facility Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Heather Coeta at the address above by March 11, 2018. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed "Additional comments may be attached" This agency has no comment on the proposed protect _ 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 VF"A DATED 3' ( "l J 9 RECISOft MAR 19 2018 DCM WILMINGTON, Nc tiWc or NaN ('aoW rwWaoNd QrL1y Cord 127 (-xd" One Ea, WiYnrOm, NC 2IMS o�a,Wn15 MAR 0 2 2018 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Clifton and Karen Simmons RECEIVED FEB 19 2018 DCM- MHD +CITY 2. LOCATION OF PROJECT SITE: 7423 Poseidon Point within Hellenic Shores Subdivision, adjacent to Pages Creek, in Wilmington, New Hanover County. Photo Index - 2006: 23-7395, F-G 18 Lat: 34°16"31.66"N Long: 77°47'38.59"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 1/26/2018 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 1/25/18 (initial) 2/12/2018 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private 7 A (E) Wastewater Treatment: Existing - County Sewer Planned - N/A (F) Type of Structures: Existing — SFH, Fixed pier and platform Planned - formalized slip with 6' by 12' floating platform (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Low Marsh) (B) Non -Vegetated Wetlands (Open water) 72 ftz (incorporated) (C) Other (High Ground) 11 (D) Total Area Disturbed: 72 ft2 (<0.01 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No PROJECT SUMMARY: The applicant proposes to install a floating platform which would create a formalized slip at an existing private pier facility. Clifton and Karen Simmons RECEIVED Page 2 FEB 19 2018 9. PROJECT DESCRIPTION: DCM- MHD CITY The project site is located at 7423 Poseidon Point, within Hellenic Shores Subdivision adjacent to Pages Creek, in New Hanover County. To locate the property from Market Street (NC Highway17), turn onto Middle Sound Loop Road and travel east past the new traffic circle adjacent to the Ogden Elementary School approximately 2 miles. Turn left onto Anaca Point Road and travel approximately 0.25 miles until you reach the entrance to Hellenic Shores Subdivision on the right. Turn into the subdivision and take the immediate left onto Poseidon Point and the property of interest will be on the left. The lot is currently developed with a single-family home, has approximately 105' of shoreline and averages approximately 12' above normal high water (NHW). The adjacent riparian property to the east is developed with a single-family home and a fixed observation pier with platform. The property to the west is an undeveloped lot with a fixed pier and platform. Highground vegetation of this tract consists of maintained lawn grasses and shrubbery. Other upland vegetation includes hardwood and other woody species such as oak, pine, and cedar trees. The shoreline is stabilized by vegetation, with an abrupt transition from high ground to marsh. Waterward of the upland vegetation is an area of low marsh, ranging from approximately 30' to 130' in width consisting of Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina alterniflora). Waterward of the low marsh are several areas of oyster reefs visible in the mud flat at low water. An existing access pier, measuring approximately 150' in length by 6' in width extends over the wetlands towards Pages Creek. The pier terminates onto a fixed uncovered platform, measuring approximately 12' in width by 12' in length. The northern and eastern sides of this platform was constructed slightly lower (-1 foot) in area of approximately 12' in length by 2' each in width, which is commonly known as a "step-down" to allow for easier access into the water for self-propelled vessels such as kayaks or canoes. A previous owner (Harriman) obtained CAMA General Permit No. 43388D for the construction of these existing structures, including a single pole boat lift for a personal watercraft. No evidence of the single pole lift was noted at the time of the site visit on 1/26/18. Based on previous site visits at this location, it was observed that there was no water at normal low water (NLW) in the location of the existing facility. Some of the local residents know this southern side of Pages Creek off this property as "Bridgers Creek" or the old run of Pages Creek. Bridgers Creek is a secondary channel off the main channel of Pages Creek, which exhibits the characteristics of a shallow estuarine area. There are existing private docking facilities along the properties of Bridgers Creek to the south. The two channels converge at a point approximately 400' southwest of the property of interest on the northern end of Pages Creek. This location is across the creek from Bay Shore Estates where most of the docks of this section of Pages Creek are located due to proximity to the main channel of Pages Creek. The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Pages Creek are classified SA by the Division of Water Resources. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to install a floating platform which would create a formalized slip at an existing private pier facility. A new floating platform, measuring approximately 12' in length by 6' in width would be installed on the eastern edge of the existing uncovered platform. The waterward end of the new floating platform would be in line with the waterward end of the existing fixed platform. The application states that the new floating platform would be installed with physical stops at 18" above the substrate surface to prevent the floating platform from resting on the substrate at lower tides. The application also states that the platform would be used for kayak access. Clifton and Karen Simmons Page 3 10. ANTICIPATED IMPACTS: lV RECEIVED FEB 19 2018 3CM- VHD CIT"l The proposed floating platform would incorporate approximately 72 ft2 of Public Trust Area and Estuarine Waters. The proposed platform would be within an intertidal area. Due to the limited amount of water, approximately 0' at NLW located on this side of Pages Creek as shown in the attached work plan, there will be potential for bottom disturbance and displacement of the substrate "kicking" by any vessel propellers. The structure would not encroach into the adjacent 15' setback riparian corridor requirements on either side. The proposed structure would extend approximately 30' into a waterbody, which measures approximately 450' across, which is the same extent as the current pier. This distance would conform to the 1/4 width rule. No SAV or live shell was documented in the project footprint. Minor turbidity increases may be expected during the construction process. Submitted by: Courtney Spears Date: 2/12/2018 Office: Wilmington I4z�' DC11 MP-1 APPLICATION for w J Major Development Permit FEB 19 2018 (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Applicant 1: First Name Clt�*Cln MI C Last Name Srnrn1bnS Applicant 2: First Name grcA MI A, Last Name I Si m mr)nS If additional applicants, please attach an additional page(a) with names listed. Mailing Address PO Box City State ZIP al�4II Country wa USA Phone No. Q 10 a3a 91"K ext. F X No. •�- Street Address (d different from above) City State ZIP Email 2.- Agent/Contractor Information Business Name (J W It 8 01 L PE. zS V 1- G Agent/ Contractor 1: First Name MI Last Name ,_),k it/ o L Ito Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State l Z. *110 ' 1747 ZIN V--= 14J'K JAJ -76 ry ZIP Phone No. 1 Phone No. 2 y G (J 7 910 - %W- 9 M ext. - - ext. FAX No. Contractor # Street Address (if different from above) city State ZIP Email yet u RECI`�VED <Form continues on back> DWI WILMINGTON, NC JAN 2 5 2018 252-808.2808 :: 1.888.4RCOA3T :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Diiajor Development Permit Lru 3. Project Location County (can be multiple) Street Address State Rd. R %,e.W IFQn er ^ —1'103 ro$C.Idon?t 4- Subdivision Name city State Zip UelleniL Shores wfill i wn Nc. a.87'4 Phone No. Lot No.(s) (tl many, attach additional page with list) S j O a3 a 1) uo-11� ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project e_s Cree_IQ c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. �latural ❑Manmade ❑Unknown /t I C W e. Isproposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes 1�1110 work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) /05-"V- b. Size of entire tract (sq.ft.) 2-01 IFOOF c. Size of individual lot(s) 5 3 p�rcS d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) 9K W��or ❑NWL 12 r e. Vegetation on tract P"a6 pA- I -T P_:F Cs sNrzu&5 vvt/fTLPsil I. Man-made features and uses now on tract S0 r ,Y r r DO C k �%rru POOL P -A — a }� g. Identify and describe the existing land uses adiacent to the proposed oject site. �es�rs-f�ttol h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? 1 d — 1 Q'ZO ` -FA M — ,QES i D£^Jer IML- (Attach zoning compliance certificate, if applicable) []Yes []No . A j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes R90 k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes gNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o ❑NA National Register listed or eligible property? — VErL' <Form continues on next page> UGmi WILMINGTON, NC JAN 2 5 2018 �Zt4_ 282.808.2808 :. 1-888-4RCOAST :: www,mccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit W-/ m- (i) Are there wetlands on the site? Yes (ii) Are there coastal wetlands on the site? RECE11! (III) If yes to either (i) or (ii) above, has a delineation been conducted? ^ []Yes/NO (Attach documentation, if available) n. Describe existing wastewater treatment facilities. DCM- ,PVIHD �gw� lz- o. Describe existing drinking water supply source. i w� L p. Describe existing storm water management or treatment systems. A A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government -]Pr- 1 V0.1'k. CgPrivaleicommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. 05ttA ao S40rc+- 1C,,, V)"o_V.+/or i�do(leboord 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. 7-W t; a'r€D p / Z Kq f Ce �t7S /jsiN ii BNrLT d. List all development activities you propose. gwrlb j rm ST4r-G A 4Le4'T I d�L k G k /Z ` e. Are the proposed activities maintenance of an existing project, new work, or both? w woff,k. f. What is the approximate total disturbed land area resulting from the proposed project? ti Z q.R or []Acres g. Will the proposed project encroach on any public easement, public aocessway or other area []yes o ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. / i. Will wastewater or stormwater be discharged into a wetland? []Yes �kNo [:]NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No 'ANA j. Is there any mitigation proposed? ❑Yes []No 14NA If yes, attach a mitigation proposal. .D ;ITY - V CL. <Form continues on back> D(.wi WILMINGTON, NC JAN 2 5 2018 252.808.2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) 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. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name /IIYv(1J4�-,rl PhoneNo.. Address '"T `fZ - S (fi;&;A0el Pt. Will 11-74t,/1 ��3'(Do q (D p_ Name IVl ��-hCne:- 1 Ika V-r' c' I�r� Phone No. Address 1 `i 1 � �:> iJSe.iw; l 1�+ 1 rh i'�7w'l Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. h. Signed consultant or agent authorization form, 4 applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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. R E C E_ I further certify that the information provided in this application is truthful to the best of my knowledge. Date I Print Name CI it f 40nc- S I mrv.anS FEB 19 2018 Signature dL_�' C- DCM- nr HD Gi Y Please indicate application attachments pertaining to your proposed project. []DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ODCM MP-3 Upland Development ^ 4 CM MP-4 Structures Information . 'V ELF 0CM WILMINGTON, NC JAN 2 5 2018 252.808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net 61 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1, DOCKING FACILITY/MARINA CHARACTERISTICS a. i9 Is the JOCK;ng `aclitylmarina: []Commercial ❑Public/Government IL,Private/Community c. (i) Dock(s) and/or pier(s) (h) Number (iii) Length _ (iv) Width _ r (v) Floating *Yes JNo e. (i) Are Platforms included? 11Yes ❑No If yes: (ii) Number (iii) Length )Z (1v) Width (v) Floating ( Yes ❑No Note: Roofed areas are calculated from dnpfine dimensions. g. (i) Number of slips proposed (ii) Number of slips existing 1 i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel pen water; no dredging required ❑Other; please describe: k. Typical boat length: r_ yt r t m. (i) Will the facility have tie pilings? [--]Yes KNo (ii) If yes number of tie pilings? El This section not applicable b. p) Will the faaldy be open to the genera cLb ic" ❑Yes PNo d. (i) Are Finger Piers included? ❑Yes &No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes []No f. (i) Are Boatlifts included? []Yes If yes: (ii) Number (iii) Length (iv) Width _ rNRECE!VED FEB 19 2018 DCM- MHD CITY h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ( wet slipsl only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s);. number of boat ramps: Other, please describe: AV4)K j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). V,o.4o-1C/-po.actlie bo.,A I. (1) Will the fact be open to the general public? ❑Yes RNo DGM WILMINGTON, NC JAN 252018 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanasrement.ne! revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) MA 2. DOCKING FACILITY/MARINA OPERATIONS TI is section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? 11 0. 'C,Et9 E f E e. () Give the location and number of 'No Sewage Discharge' signs proposed. FEB 19 2018 I J, n' CL- (ii) Give the location and number of'Pumpout Available' signs proposed. DCM- M H D CITY I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of.? h. Give the number of channel markers and 'No Wake'signs proposed. W i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. n10. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? V-\I0. I. If this project is an expansion of an existing marina, what types of services are currently provided? II m. Is the maCrinlal /docking facility proposed within a primary or secondary nursery area? ❑Yes 0 7_ L. Dbvi WILMINGTON, NC JAN 252018 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmanagerrwor et revised: 12127/06 Form DCM MP-4 (structures, Page 3 of 4) n. Is the marina/do g facility proposed within or adjacent to any shellfish harvesting area? []Yeso o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxe'�are checked, provide the number of square feet affected. ❑CW ❑SAV 3 _ ❑WL Kone p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes 4mo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community R EC F- W E D (ii) Number 9� C �s (iii) Length FEB 1 9 ?D18 (iv) Width Note: Roofed areas are calculated from dripline dimensions. -y 4. GROIN (e.g., wood, sheetpile, etc. ff a rock groin, use MP-2, Excavation and Fill.) gMhis section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) JAN252018 Im 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12127106 Form DCM MP-4 (Structures, Page 4 of 4) 1111,11-1 a. Proximity of structure(s) to adjacent riparian property lines iZb✓ %S� Note: For buoy or mooring piling, use arc of swing including length of vessel. c. idth of water body 4 e. (i) Will navigational aids be required as a result of the project? ❑Yes ONo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. /7.S -I/- d. Water depth at watenvard end of structure at NLW or NWL O 8. OTHER ❑This section not applicable a. Give complete description. /M57-44C .4 FF't0.471.v6 0&ex Of7- -F#E C-nr0 aF FXJi- -1 &r4 DO c K 1 D `Tl}6 P-14 SIDE , m a-r To EX°TFA;D P.ts-r F-Na cF .Dock . PGA-tB zXio 46/2-DE7t suPP,O2Ts -Fos. Ti DCC1c -re RIF-5T as Of7- 18" f}tE4"v6 46RouNA G8✓r-L . Date - `� d(' Project Name Applicant Name Applicant Signature RECEWED FEB 19 2018 DCM- MHD CITY 7VEU D(.wi WILMINGTON, NC JAN252018 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12127l06 A.c Ic FXi5 -rov 'Poe 1'e o c st)P* _I ZO lzo U w > W L) w LLJ LL LWF r 5 7qZ3 Posaa>014 po . L *f I &F I- ON, NC 2 1010 uz W 0 CL )sF s,mMaNs p 7`tz3 Pas�iooN pr W U U In LU LLJ � U -}-p �EEP V I oRT1N 6 Dock oFr- a c'ITo-«- DF Pat,Es c 9-E;z�- 5 C-q-tt ' I " 10' P4E,I7 2 057 Z END or over- IZx/Z DoCI- %�-(vepn.4t Nl�4 Notzm4l- 1-49w ("o WK(i2 r,AU D =%;EIVED DGM WILMINGTON, NL FEB 12 2018 Coastal Management ENVIRONMENTAL QUALITY February 12, 2018 Clifton and Karen Simmons 7423 Poseidon Point Wilmington, NC 28411 Dear Mr. and Mrs. Simmons: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the subject property located at 7423 Poseidon Point, adjacent to Pages Creek, near Wilmington, New Hanover County. It was received as complete on February 12, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is April 28, 2018. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from February 12, 2018, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. DECEIVED FEB 19 2018 DCM- MHD CITY cc: Heather Coats, DCM MHC Files Christine Bouffard, LPO Liz Hair, COE Chad Coburn, DWR State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fact., Wilmington, NC 29405 910-796-7215 i NOTI(Slo;171AW�� c cn AMA PERMIT APPLIED FOR PROJECTo install a floating platform at an ex" , aQlii�nnnt to D�ivnc i'rnn4 in 1/Vih"intnn aIM Hanover County COMMENTS ACCEPTED THROUGH March 11, 2018 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Clifton and Karen Simmons NC Div. of Coastal Management �t 1 Cardinal r. Extension 7423 Poseidon Point Wilmington, NC 28411 Wilmington, NC 2 405 Courtney Spears, Field Representative 910-796-7423 Agent: James Holloway (910) 726-4831 `�j cJ IN�I �u� IINI nn111�1I1n1 tl�l N'� IhN Il'�N ���� Illl 2014033700 FOR REGiSTRPT ION REGISTER OF 0EE05 TPRMY TNEUS_% BERSLEY NEN NRNOVER COUNTY, NC 2w DEC % 12 30 33 PM BK 585NC REV ST-V $IFeS� �1 INSTM # N140 71 GENERAL WARRANTY DEED REVENUE. $ �43o.••u MAIL AFTER RECORDING TO q THIS INSTRUMENT WAS PREPARED BY Robert G Collins Grantor's primary residence: YES O STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER PIN: R04400-003-178-000 THIS DEED made this 15'_ day of December, 2014, by and between SCOTT HARRIMAN, and wife, CARA HARRIMAN, hereinafter called GRANTOR, and CLIFPON CHARLES SEM MONS and wife, KAREN ALYSON SIMMONS, whose mailing address is 7423 Poseidon Point, Wilmington, NC 28411, hereinafter called GRANTEE: The designation of Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and 8101 19 Or ON 'N010NIMIM convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near the City of Wilmington, NEW HANOVER County, North Carolina and more particularly described as follows Being all of Lot 25, Hellenic Shores, as the same is shown on map recorded in Map Book 48, at Page 178 of the New Hanover County Registry, reference to which is hereby made for a more particular description. The property heremabove described was acquired by Grantor by deed recorded in Book 4954, at Page 1787, NEW HANOVER County Register of Deeds, North Carolina TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple AND the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee smiple has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Title to the property hereinabove described in subject to the following exceptions Restrictive covenants, easements and rights of way as may appear of record in the aforesaid Registry, 2014 ad valorem taxes and all applicable zoning and land use ordinances IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written RECEIVED FEB 19 2018 SCOrr HARRrnLaN n„ e DCEVI- MHD CITY U CCARA HARRIMAN E?1= --aVED D(Al WILMINGTON, NC JAN 3 12018 STATE OF IV p d4 ('�pA&j,. COUNTY OF O&D %�Qri a JCir I, t15 h 1 U 0 in r , a Notary Public of the County and State aforesaid, certify that SCOTT HARRIMAN, personally appeared before me this day and acknowledged the execute n of the foregoing instrument Witness my hand and official stamp or seal, this _ f 5- day of p h per, (Official Seal) Q/�( p/�}7� b Notary Public ' 0 J1N/lQ My commission expires Aa1,� ��",1) nI jok-. oz 'r0N ,/�ro Z3 STATE OF N 0 �!� &6D li Oa.- = �1pN 2 L 4, COUNTY OF tit) OPt' II // I, �6(SR IT /11f'11,1081110"- a Notary Public of the County and State aforesaid, certify that CARA HARRIMAN, personally appeared before me this day and acknowledged the execut n of the foregoing instrument Witness my hand and official stamp or seal, this 15—day of CPrn ber (Official Seal) 1 C Nota Public My commission expires -- The foregoing Certificate of is/are certified to be correct This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written Di ivi WILMINGTON, NC JAN 3 12018 NTV. ,7 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 wwawwxwwaaa«wwwaaaaaaaawwxxaaaawwww»wwaaawwwww•waa»awwww»aaw+wwwexwwwwawwwwaaxawxaxwwaxxwwaawxaawwwwaaeaaw»wwwxxaaa Filed For Registration: 121161201412:30:33 PM Book RE 5857 Page: 1657-1660 Document No 2014033700 4 PGS $26.00 NC REAL ESTATE EXCISE TAX: $1,830.00 Recorder: HUGHLEY, CAROL State of North Carolina, County of New Hanover SEC `v OD NC pCti1 WII.MING JAN 312018 PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2014033700* 2014033700 M Adjacent Lot Owner Review I have reviewed the plans for the Simmons Dock Modification at 7423 Poseidon Point Wilmington, NC and have no complaints. Property Owner: Jason & Tammy Hoffman Property Address: 7427 Poseidon Point Wilmington, NC 28411 Si tature Date Property Owner: Property Address: Michael Hackeling (TPI, LLQ 7419 Poseidogg Point WilminetonJNC 28411 RECEIVED FEB 19 2018 DCM- MHD CITY JEL D vi WILMINGTON, NC JAN 252018 r>z- Adjacent Lot Owner Review I have reviewed the plans for the Simmons Dock Modification at 7423 Poseidon Point Wilmington, NC and have no complaints. Property Owner: Jason & Tammy Hoffman Property Address: 7427 Poseidon Point Wilmington, NC 28411 Si iature Date Property Owner: Michael Hackeling (TPI, LLC) Property Address: 7419 Poseidon Point Wilmington/&C 28411 JC j ae Date RECEIVED FEB 19 2018 DCM- MHD CITY JEL DU%tl WILMINGTON, NC JAN 252018 2/1/2018 GenBrowseNew DATA ACCESS TO MODIFY, REISSUE, EDIT OR DELETE DATA IS DENIED /r 4l/ General Permit (Detailed Database Display Page) Permit Information Permit No.: GP-43388 Permit Status: PERMIT is issued (unconditionally) Permit Type (CAMA/Dredge & Fill): CAMA Project Type (Private): Y DCM District: Wilmington (D) Application/Permit Fee: S100.00 [General permits (1 Wile)] Issue Date: 02/23/2006 Expiration Date: 05/24/2006 Project Description: CONSTRUCTION OF A PRIVATE PIER T-HEAD PLATFORM AND SINGLE POLE BOAT -LIFT. Applicant (Owner or Agent): SCOTT HARRIMAN Addl: LOT 25 HELLENIC SHORES Add2: POSEIDON DRIVE City: WILMINGTON State: NC Zip: 28411 Couotry:USA Applicant (Contractor): COASTAL MARINE CONSTRUCTION Applicant (Contractor): JIMMY NORTH Addl: 6314 WRIGHTSVILLE AVENUE City: WILMINGTON State: NC Zip: 28403 Country: USA Project Location Addl: LOT 25 HELLENIC SHORES Add2: POSEIDON DRIVE City: WILMINGTON Zip: 28411 County: New Hanover RoverNo: 0120113A Local Planning Juris: New Hanover Co./ Wilmington Riverbasin: CAPE FEAR Major Waterbody: Middle Sotmd(New Hanover Co) RECEIVED FEB 19 2018 Site Description il+ TY AECs GPA3388 07H .0205 Coastal Wetlands GP-43388 07H .0206 Estuarine Waters GP-43388 07H .0207 Public Trust Areas PNo Activity Number Type Replace easmeI Meaeun2 Meaeure3 M u e4 GP�3386 Boat lilt(length_vridNl 1 NW N 8.000 6.000 GP-43386 Pier or dwk0evgth width) I 92.000 16.000 GP-43388PIatform0mgth_width) I I INW N 112.000 112.000 Permitted Disturbances PNo Habitat Type Total Square Feet. IFinal Square Feet Total Feet Final Feet Notes: Miscellaneous Notes: RULES 711.1200 AND ALL OTHER STATE LOCAL AND FEDERAL REGULATIONS APPLY.NO PORTION OF PROPOSED STRUCTURE SHALL EXCEED 1/4 WIDTH OF ADJACENT WATERBODY. http://dem2.enr.state.nc.us/demcdaits/general/view/GenBrowseNew.aspx 2/2 WCA107A / ❑DREDGE ft FILL it U _ 43388 ENERALPERMITPrevious permit# Jew ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC ❑ Rules attached. Applicant Name C t r 'PK Project Location: County ,VA/ /&Id✓/i Address 43 #e /%live Arw " t% �_ Street Address/ State Road/ Lot #(s) City /»/ State /fx ZIP �^ Phone # ('��%) .. (a35 Fax # ( ) Subdivision J JAlsj" Authorized Agent J Ar/fA (I /j�&Th City I' Zip Affected �* [a�rA ❑ Es ❑ Pf5 Phone # () River Basin ��;e- Ft�. AEC s : ❑ OEA ❑ HHF ❑ IH ❑ URA ❑ WA () ❑ PWS: ❑FC: Adj. Wtr. Body / at man unkn ORW: yes / C PNA � / no Crit. Hab. Closest Mai. Wtr. Body y yes / no Type of Project/ Activity iadorm(s) /,2 d' 02 ' 4 Finger piers) Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards j Boat ramp ,,GG BoathouseKnoatlih Beach Bulldozing Other Sfi/p/ut��r» /0 �k 2 Shoreline Length SAM not sure yes Sandbags: not sure yes - Moratorium: n/a yes Photos: yes pq ��1 Waiver Attached: no A building permit may be required by: AOA amen[ or Applicant P ' ted Name j Signature Application Feels) compliance statement on backof permit" ❑See note on back regarding River Basin rules. ?/2 �Ze- Issuing—Dat> a _. Expiration Date /Vft e'D. � 12.1 Local Planningjurisdictlon Rover File Name /2xIJ. T„ RECEIVED FEB 19 2018 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY February 15, 2018 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo in New Hanover County: • Clifton & Karen Simmons • MREC-TidalWalk, LLC ROY COOPER Govemor MICHAEL. S. REGAN se-1-Y BRAXTON DAVIS Director RECEIVED FEB 19 2018 DCM- MHD CITY Hello Angie: Please publish the attached Notice in the Sunday, February 18, 2018 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - WiRO Doug Huggett - MHC Liz Hair - USACE Sarah Young- DCM Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance State of North Carolina I Environmental Quality Coastal Management 127 Cardinal Dme Ext., Wilmington, NC 29405 910-796-7215 rA NOTICE OF FILING OF RECEIVED APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT FEB 19 2018 DCmi- %t,�iLy (;iTY The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in New Hanover County Areas of Environmental Concern as designated under the CAMA: On February 12, 2018, Clifton and Karen Simmons proposed to expand an existing pier facility at 7423 Poseidon Point, adjacent to Pages Creek; and on February 13, 2018, MREC-Tidal Walk, LLC proposed new dredging around the TidalWalk Subdivision community docking facility at 1409 Tidal Walk, adjacent to the AIWW and Myrtle Grove Soun&j Copies of these applications can be examined or copied at the office of Courtney Spears, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 11, 2018 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY April 25, 2018 Clifton & Karen Simmons 7423 Poseidon Point Wilmington, NC 28411 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for 7423 Poseidon Point, Wilmington, New Hanover County Dear Mr. Simmons: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on February 12, 2018. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) The DCM Fisheries Resource Specialist has objected to the project as currently proposed due to the shallow water depths and anticipated adverse impacts to Primary Nursery Area (PNA) habitat. Please see the attached memorandum requesting the project be modified to reduce adverse impacts. 2) The NC Wildlife Resources Commission has also submitted concerns regarding adverse impacts and is also recommending the project be modified by way of the attached memorandum. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as you have addressed these concerns. Once the Fisheries Resource Specialist and Wildlife Resources Commission has notified the Division of Coastal Management Major Permit Section in writing that no further actions are necessary on the part of the applicant, or you notify us that you do not intend to revise your design, we will resume processing of your application. However, please note that failure to revise your design will lead to a denial of your application. If you can provide to this office with the requested information within five working days from the date of this letter, and the parties referenced above notify us that no additional information or action is required on the part of the applicant, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not RECEIVED State of North Carolina I Environmental Qwlity I Coastal Management MAY 01 2018 Wilmington Office 1 127 Cardfral Drive EXtensbn I Wilmington, North Carolina 2WS 9107%7215 DCM-MHD CITY received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. It is also necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c). However, we expect to take action prior to that time and will do so as soon as possible once we resume processing of your application. If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Sincerely, I(Zar'kc Comma Heather Coats Assistant Major Permits Coordinator Cc: MHC Files/WiRO Files State of North Carolina l Environmental Quality I Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, NorthCarolina 28405 9107967215 NC Division of Coastal Management AEC: AIWW Fee:$250 #5832 ✓ Major Permit Application Computer Sheet !. CDAITS _ MHC cc_ Appli�on & Karen Simmons Project Site County New Hanover Staff: Co�pears District Wilmington Project Name: Simmons Dock Expansion F Rover File n/a River Basin: Cape Fear Initial date of application submittal: 1-25-18 j ate application "received as complete" in the Field office. n a .' - 2- 12-Tip --- �. Permit Authorization: CAMA Dredge & Fill Both � - 2018 SITE DESCRIPTION/PERMITINFORMATION DCM- MHD CITY ORW. ❑Yes o ; PNA: PYes []No Photos Taken: Ye No Setback Required (riparian): LJYes Nod Critical Habitat: Yes ❑No of Sure 15 foot waiver obtained: UYes NINO I Haza ification Returned: ❑Yeo ----_.._.-----------; SAV: ❑Yes'LINO ❑Not Sure Shell Bottom: Yes ❑No Not Temporary Impacts Yes [:]No Sure --- Sandbags: ❑Yes o ❑Not Sure ._— I Did the landd use ssfication come Mitigatio Required (optional): from countyLUP: Yes []No❑Yes NNO - - Moratorium Conditions: -- EnvironmenW%ss essment Done: Length of Shoreline. ❑Yes [:]NoNA []Yes❑NoIrA IK' FT. Shellfish Area esignabon Project Description: (code) Development Area: (code) Open -or- Closed L 0,0 (' J SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑Nutrient Sensitive Waters (NSW) Swamp Waters (SW) El High Quality Waters (HOW) U Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ! ❑ (LS) Sea lavender (Limonium sp.) El (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass iDistichlis (SC) Bullrush or three square (Scirpus n (TY) Cattail (Typha sp.) spicata) ! sp.) ❑ (JR) Black needlerush (Juncus (SP) SalUmeadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 0 III(A) Private w/ D&F up to 1 acre, 3490 1 ❑ III(D) Priv. public or Comm w/ D&F to 1 1 can be applied - $250 acre; 3490 can't be applied - S400 H ❑ Minor Modification to a CAMA Major El Major Modification to a CAMA Major i X IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permif Transfer - $100 ❑ ill(B) Public of commercial w/ D&F to 1 Express Permit - $2000 acre, 3490 can be applied - $400 Major development extension request - ❑ II. Public or commercialtno dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre: 3490 can be applied. DCM needs DINO agreement - $400 Clifton & Karen Simmons Date: 1-25-18 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One i One New Work � ' Repla ((� I Maint ❑ I ❑ Y N '. �. '.. i I New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace I Maint ❑ i ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑Y ❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N —._. _._ New Work ❑ Replace ,..... I Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for I' (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts amount �.. Dredge ❑ Fill ❑ Both ❑ Other 2 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill Q Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 1 .... .._..... .... I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 1I ---- Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733.2293 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 10112/06 Major Permit Fee Schedule Project Name: Sawgw County: !V � Check No & Amount: 4L51 DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) z I. Private, non-commercial development 7 that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) "" "' 0% II. Public or commercial development that x does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) (0% III. For development that involves the filling and/or excavation of up to i acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality - Certification No. 4144 (See attached) Can be applied: $250 100% ($250) 0% ($0) _ III(B). Public or commercial development, if General Water Quality Certification No. _ 144 (See attached) can be applied: $400 100% ($400) 0% ($0). �. III(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% III(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) IV. Development that involves the filling - andlor excavation of more than one acre f wetlands and/or open water areas' $475 60% ($285) 40% ($190) Date Date Check From Name of Vendor Check Check Permit Number NOTES Received Deposit (Name) Permit Holder Number amount ed 1/25/2018 Clifton or same B of A 5832 $250.00 major fee, 7423 SS rct. Karen Poseidon Pt., 5096D Simmons Wilm NHC >- NOS lit ca r_ Woo o W a� U m w , � v 0