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HomeMy WebLinkAbout26-17 Black, John & KathyPermit Class NEW Permit Number 26-17 IN STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to John & Kathy Black, 706 Jacobs Creek Lane, Wilmington, NC 28409 Authorizing development in New Hanover County adi. to the AIWW, at 706 Jacobs Creek Lane, Wilmington , as requested in the permittee's application dated 12/13/16 (MP-1 & MPA)_ 9/29/16 (MP-3), incl. attached workplan drawings (3), 1-2 of 2 dated revised 12/12/16, and 3 of 7 dated revised 9/27/16. This permit, issued on February 28, 2017 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may >e subject to tines, imprisonment or civil action; or may cause the Dockina Facility to be null and void. 1) This permit authorizes only the expanded docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this expanded docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the expanded docking facility. Any sewage discharge at the expanded docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. R Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. RECEIVE' MS MAR 0 g pn,7 Signature of Permittee DCM- P'� -. John & Kathy Black Permit No. 26-17 Page 2 of 4 ADDITIONAL CONDITIONS 3) The pemuttee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This pemrit authorizes a maximum of 5 formalized boat slips. 6) In accordance with commitments made by the permittee, and in order to satisfy concerns of the resource agencies, physical stops shall be placed on the boat lifts at a minimum height of 18" above the bottom substrate to prevent the boat lifts from disturbing the bottom substrate. The physical stops shall remain in place for the life of the docking facility. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridors. 8) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine the width of the water body shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. 9) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 10) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 11) The authorized covered platform shall be single story, and shall not be designed to allow for second story use. 12) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 13) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. 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. RECf �\J V MAR 0 6 2011 John & Kathy Black Permit No. 26-17 Page 3 of 4 ADDITIONAL CONDITIONS Upland Development 14) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the 3-lot subdivision, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910)796-7215 for this determination. Erosion & Sedimentation Control 15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 16) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. NOTE: An Erosion and Sedimentation Control Plan may be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environmental Quality, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. General 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 18) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 19) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 20) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: This permit does not eliminate the need to obtain any additional state federal or local permits, approvals or authorizations that may be required. R � C E I V E MAR 0 6 2017 DCM- MHD CITY Coats, Heather From: Cox, Heidi Sent: Wednesday, January 04, 2017 8:50 AM To: Coats, Heather Subject: RE: John & Kathy Black This should be marked no objection. Thanks! Heidi Lane Cox Assistant Regional Engineering Supervisor Public Water Supply Section Department of Environmental Quality (910) 796-7368 office (910) 409-5777 mobile Heidi.cox(dricderingov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nothing Compares. -.,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be, disclosed to third parties. From: Coats, Heather Sent: Tuesday, January 03, 2017 5:02 PM To: Cox, Heidi <heidi.cox@ncdenr.gov> Subject: RE: John & Kathy Black No rush if you want to check tomorrow or later. You're far at the forefront in terms of sending me comments O Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coatsi&ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 (Revised 12/13/16) 706 Jacobs Creek CAMA Major Permit Application Project Narrative Southern Environmental Group, Inc. (SEGi) has been retained by John and Kathy Black (herein referred to as the "Applicant"), to apply for and secure a Coastal Area Management Act Major Permit to perform work within and over public trust waters, as well as upland development within their property located at 706 Jacobs Creek Lane, in Wilmington, New Hanover County, North Carolina. The property is approximately 6.3 acres, with its southern property boundary abutting Whiskey Creek, which has been classified as SA;HQW, by the Division of Water Resources, and Primary Nursery Area, by the Division of Marine Fisheries. Currently the site is mostly undeveloped. However, a single family dwelling, with access drive, is located on the property, along with a 1 �x 4' fixed dock, 10' x 10' observation deck, gangway and 47' x 6' floater. The Applicant intends to subdivide the 6.3 acre parcel into three (3) lots that will be approximately 2.0-acre in size. Two (2) of the lots will contain no more than 10,000 SF of built upon area (BUA), while the third will contain 9,423 SF BUA, which is existing. No new BUA is proposed within the 75' Estuarine Shoreline AEC. The Applicant proposes to replace the existing 103' long by 4' wide fixed pier with a 94' long by 6' wide fixed pier, increase the 10' by 10' gazebo by 2' on each side and extending the overhang by 18", removal of the existing 47' x 6' floating platform, construction of a new 5' by 36' fixed platform with two (2) finger piers, measuring 4' by 21', and three (3) boat lifts, measuring 14' by 14', and installation of a 6' by 14' floating day dock. The Applicant also intends to increase, he height of the entire fixed structure by 2'. Dredging is not proposed as part of this project. There isS34linear feet of shoreline associated with this property. The total allowable shaded area is 800 SF. With the proposed plan, 408 square feet of shading will take place. No part of the proposed structure will extend beyond the '/, width of the waterbody line. The table below summarizes the proposed work: Proposed Work to Take Place at 706 Jacobs Creek Lane Remove: 4' wide x 103' total length) long fixed pier 6' wide x 47' long floating platform Replace 10' x 10' gazebo with 12' x 12' gazebo 13.5' x 13.5' drip line New 6' wide by 94' long fixed pier to the gazebo 6' wide by 3' long fixed pier between the gazebo and the 5' wide fixed platform 5' wide by 36' long fixed platform 4' wide x 21' long fingers 2 14' wide x 14' long sling boat lifts 3 6' wide x 14' long floating day dock platform The adjacent riparian property owners are listed by the New Hanover County GIS page as 1) Turner, John and Michelle and 2) Gray, Walter Erikson. TY On 21 October 2016, SEGi met Ms. Kathryn Thurston, with the City of Wilmington, on their ordinance Sec. 18- 812., entitled "Definitions", of the City's Code of Ordinances, to ensure the proposed dock and subdivision are permissible under their rules. On 24 October 2016, SEGi received an email from Ms. Thurston confirming that the proposed pier structure is permissible under the City's ordinances, as the structure does. not meet the definition of a "Community Docking Facility", which is defined as a facility that serves a subdivision with five (5) or more lots. RECEIVED DCM WILMINGTON, NC Page 1 of 1 DEC 14 2016 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: John and Kathy Black PROJECT NAME: Black Dock Replacement COUNTY: New Hanover LOCATION OF PROJECT: 706 Jacobs Creek Lane, adjacent to Whiskey Creek IAIWW, In Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-14-16 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Brooks Surgan DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 / #5959 PUBLIC NOTICE REC D: 12-22-16 ✓ L S4e,"o 1 i/o4pr END OF NOTICE DATE: 1-12-17 " ADJ. RIP. PROP NOTICES REC'D: CO*M St G t4O llfi q l� DEED REC1g504 APPLICATION ASSIGNED TO: ON: I C) 75 DAY DEADLINE: ( l A50 DAY DEADLINE: MAIL OUT DATE:12-19-16 FEDERAL DUE DATE: STATE DUE DATE: 1-12-17 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Z p I ✓ Division of Community Assistance IZ 1co(P Land Quality Section (DEMLR) i2 Ili IVE Division of Water Resources (401) % DLT 0029 Storm Water Management (DEMLR) 1 %a% l I V State Property Office T \ 1 IvIrlo CITY Division of Archives & History v 1 \ 1 Division of Environmental Health Cl/1 Division of Highways ( t j Wildlife Resources Commission 1 (L %1Z 1E S -Su 1 �51, • /, t¢mr Local Permit Office 16 i 17 Division of Marine Fisheries / DCM 1 17 (CnvL C. S-N •S ko 1((ec( icy ,kd /ed4l Corps of Engineers 2 Ib �P cJlo �1W - 2 cl cl- 003� 55 .l I�u`)� 17 22flk i q-" John and Kathy Black Page 4 RECOMMENDATIONS FOR: John and Kathy Black December 16,201 The total area of floating dock and platform was calculated as follows: Shoreline length = 523 ft. x 8 ft. = 4,184 sq. ft. Covered Gazebo = 9 ft. x 13.5 ft. =122 sq. ft. Fixed "L" dock = 5 ft. x 30 ft. = 150 sq. ft. Finger Pier 1 = 4 ft. x 21 ft. = 84 sq. ft. Finger Pier 2 = 4 ft. x 21 ft. = 84 sq. ft. Floating day dock— 6 ft. x 14 ft. = 84 sq. ft. Total = 524 sq. ft. It is the staffs recommendation the expansion of the existing docking facility would provide an additional docking space for a total of five (5) vessels at this location. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the 1/4 width rule, the eight square foot rule and the pier width rule. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include standard permit conditions for private docking facilities. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. RECEIVED DEC 21 2016 DCM- MHD CITY ,3 MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, John and Kelly Black, Wilmington, New Hanover County Date: February 10, 2017 rENCY lJWkMINAI'10 This project is consistent with the Wilt over County Joint Lan Use Plan. The applicant proposes to replace an existing docking facility with a new docking facility within Whiskey Creek. The project is located at 706 Jacobs Creek Lane, off Masonboro Sound Road, adjacent to Whiskey Creek and the AIWW in Wilmington, New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are EW and PT. Waters at the project site are classified as SA; HQW and are open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2016 New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the Wilmington -New Hanover County Joint Land Use Plan. Cc: File al I Coastal Management ENVIRONMENTAL QUALITY December 19, 2016 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek /AIWW in Wilmington, New Hanover County Proposed Project: to replace an existing private 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 January 1Z 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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 M M/y �+ C ��'� DATED /Z State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY December 19, 2016 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office PAT MCCRORY Govemor DONALD R. VAN DER VAART Secrem✓V §. DEC BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa).ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek /AIWW in Wilmington, New Hanover County Proposed Project: to replace an existing private 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 January 1Z 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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 u DATED 1_ Z_1 --' 'z- I G, RECEIVED DCM WILMINGTON, NC DEC 22 2016 State ofNoNh Carolina I LaVITOnmenlal Qt ahly'1 Coastal Management 127 Cardinal Dive Ext, Wilmington, NC28405 910-796-7215 Ni_�Cm Coastal Management ENVIRONMENTAL QUALITY December 19, 2016 TO: Robb Mairs 401 Wetlands DWR-WiRO PAT MCCRORY Govemor r DONALD R. VAN DER VAART Secretary RECE'VED/NCOENROWTON DAVIS Director DEC 19 2016 Water Quality Regional Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm. NC 28405 heather. coats(ftudenr.aov Fax: 395-3964 (Courier t7416-33 SUBJECT: CAMA Application Review Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek /AIWW in Wilmington, New Hanover County Proposed Project. to replace an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and iretum this form to Heather Coatsjat the address above by January 12, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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" pe� U/srt Y�� U 7This agency has no comment on the proposed project. 1�U �I�,4e `u'"e 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 d 11/� DATED I State of North Carolina I Enviromremal Quality I Coastal Management 127 Cardinal Drive EXL, Wilmington, NC 28405 910.796-7215 Received JAN TO 1017 DCM Water Resources Environmental Quality John and Kathy Black 706 Jacobs Creek Lane Wilmington, NC28409 Subject Property: January 20, 2017 ROY COOPER Governor iMIICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DW R Project # 20170029 New Hanover County 706 Jacobs Creek Lane, New Hanover County No Written Concurrence Needed Dear Mr. and Mrs. Black: You have our approval, in accordance with the attached conditions and those listed below to expand an existing docking facility within Whiskey Creek, as described in your CAMA application dated September 29, 2016 and received by the Division of Water Resources (DWR) on December 19, 2016. After reviewing your application, we.have decided that the impacts are covered by General Water Quality Certification Number 3883 (GC 3883). This Certification allows you to use the General Permit 198700056 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the General Permits or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the. future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation maybe required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you maybe required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name 115A NCAC 02H .0501 and .0502). +: ­::�f NothingCompares:A, State of North Carolina I Environmental Quality 127 Cardinal Drive Extension Wilmington, North CArotlna28405 910-796-7215 Black DWR Permit N 20170029 January 20, 2017 Page 2 of 6 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best.Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur Approved plans and speciflcations for this project are incorporated by reference and are enforceable parts of this permit (15A NCAC 02H .0501 and .0502]. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative Impacts are accounted for and shown on the construction plans .[i5A NCAC 0214 .0502 (b) and 15A NCAC 02H .0506 (4)] 5. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response Center at 1.800.424.8802. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3);15A NCAC 02B. 0200 (3)(f), and GS 143 Article 21 A] 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 9. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. Black DWR Permit # 20170029 January 20, 2017 Page 3 of 6 Continuing Compliance: 10. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), -and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this. General Water Quality Certification. 115A NCAC 02H .0507(d)] 11. Certificate of Completion The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion. Mail to: NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of completion is available at: http•//portal ncdenr org/web/wo/swp/ws/401/certsandpermits/apply/formsl. [15A NCAC 02H .0506(b)(5)] 12. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours (15A NCAC 02H .0502 (e)). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document.is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also, be served on DEQ as follows: Black DWR Permit # 20170029 January 20, 2017 Page 4 of 6 Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this certification and its conditions are final and binding This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone me in the DWR Wilmington Regional Office at 910.796.7427 or by e-mail robb.mairs@ncdenr.eov. Sincerely, 7 rRobb Mairs Environmental Senior Specialist Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3883 cc: Tyler Crumbley- USACE Wilmington Regulatory Field Office —electronic copy DWR 401 Wetlands and Buffers Unit Heather Coats - DCM Wilmington— electronic copy Dana Lutheran —SEGI (agent) WiRO ra Coastal Management ENVIRONMENTAL QUALITY December 19, 2016 TO: Georgette Scott Stormwater Section DEMLR - WiRO PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Do,,tor ECEIVE1 DEC 19 2W BY: - FROM: Heather Coats, Assistant Major Permits Coordinator j NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(@ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek /AIWW in Wilmington, New Hanover County Proposed Project: to replace an existing private 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 January 12, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: j zThis 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 /" zz G RECEIVED DCM WILMINGTON, NC DEC 2120% State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Energy, Mineral & Land Resources ENVIRONMENTAL OUALITY April 17, 2017 Mr. John Black 706 Jacobs Creek Lane Wilmington, NC 28409 Subject: EXEMPTION Stormwater Project No. SW8161215 Black Private Docking Facility New Hanover County Dear Mr. Black: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director On December 19, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on December 20, 2016 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. Sincerely, A'I, s For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: I11StormwaterlPermits & Projects12016 \161215 Exemption12017 04 permit 161215 cc: Dana Lutheran- SEGi New Hanover t;ounty Building Inspections Brooks Surgan/Shaun Simpson-DCM WIRO DCM Morehead city RECEIVED Wilmington Regional Office Stormwater File APR 2 5 Z017 DCM- MHD CITY State of North Carolina i Environmental Quality I Energy. Mineral and Land Resomnes Wilmington Regional Office i 127 Cardinal Drive Extension I Wilnungton. NC 28405 910 7g6 7215 Coastal Management ENVIRONMENTAL QUALITY December 19, 2016 TO: Tim Walton Dept of Administration State Property Office PAT MCCRORY Gnvemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director RECEIVED DEC 22 2016 DOA STATE PROPERTY OFFICE FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa()..ncdenr.00v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek /AIWW in Wilmington, New Hanover County Proposed Project: to replace an existing private 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 January 12, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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- L_ DATED 11,017 RECEIVED DCM WILMINGTON, NC JAN 112017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal (hive Ext- Wilmington, NC 28405 910-796-7215 - wu Coastal Management ENVIRONMENTAL QUALITY December 19, 2016 PAT MCCRORY Gowmnr D R. VAN DER VAART Sarewy BRAXTON DAVIS Laffoor TO- Renee Gledhill -Early Dept. of Cultural Resources (� Archives & History FROM Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heathercoats lIi; tanrgo Fax: 395-3964 (Courier 04-16-33) SUBJECT' CAMA Application Review A- ti�u , jl Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek I AIWW in Wilmington, New Hanover County II Proposed Project: to replace an existing private 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 January 12T 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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_ ` i I' 1J- 1-4ECEIVED DCM WILMINGTON, NC JAN 1 1 2017 pure of North Carolina I Patum—al Quality I C NE al Mynah i"l 127 Car Taal Dnw FxT, Wdminrm, NC 2T14o5 9104%67'119 JAN 0 3 101) Coastal Management ENVIRONMENTAL OVALITY December 19, 2016 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS I)treaor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(c).ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek /AIWW in Wilmington, New Hanover County Proposed Project: to replace an existing private 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 January 12, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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. SIGN �VIQ I/1,N liter �Q,.(/('/l/\✓�C DATED I y tF Received JAN 0 9 2017 State of North Carolina I Environmental Quality I Coastal Management pC M 127 Cardinal Drive ExL, Wilmington, NC 28405 910-796-7215 IO Coastal Management ENVIRONMENTAL QUALITY December 19, 2016 TO: Ben Hughes NC Dept. of Transportation NH Co. & BR Co. PAT MCCRORY (lovemor DONALD R. VAN DER VAART .Secrelary BRAXTON DAVIS lArecror DISTRICT 3 DEC 2 2 2016 RECEIVED FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek /AIWW in Wilmington, New Hanover County Proposed Project: to replace an existing private 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 January 12, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additi al comments may be attached" agencyhis 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 /Z I� DATED RECEIVED DCM WILt•AINGTON, NC JAN 0 9 Z017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 eq- Coastal Management ENVIRONMENTAL QUALITY December 19, 2016 ri•3 C .1 L, 12. 2-2- 01 Maria Dunn NC Wildlife Resources Commission For WiRO PAT MCCRORY caveroar DONALD R. VAN DER VAART Secmlary BRAXTON DAVIS Director J b DEC 2016 RECEIVED CaIIM� FROM: Heather Coats, Assistant Major Permits Coordinator ' 6 81 NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek /AIWW in Wilmington, New Hanover County Proposed Project: to replace an existing private 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 January 1Z 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached*" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED_- DATED RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management ,j AN 12 2W 127 Cardinal Drive Et, Wilmington, NC 28405 910-796-7215 ® 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. Dunn, Coastal Coordinator Habitat Conservation Division DATE: January 9, 2017 SUBJECT: CAMA Dredge/Fill Permit Application for John and Kathy Black, New Hanover County, 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 706 Jacobs Creek Lane, adjacent to Whiskey Creek / AIWW in Wilmington, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-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 replace and expand an existing docking facility to create mooring for five vessels. Stated water depths for the slip area range between -1.29' and -2.67' NLW. To minimize impacts to the shallow water habitats, sling boadifts will be installed for three of the five slips with stops positioned at 18" to prevent vessels from sitting on the bottom Whiskey Creek at this location is classified SA HQW by the Environmental Management Commission and is designated a primary nursery area (PNA) by the NC Division of Marine Fisheries. The NCWRC has reviewed the permit application and has concern with the proposed project and reoccurring impacts slip use will have in the area. The application states water depths within the slip area are as low as -1.29' NLW and that stops will be placed at 1.5' (1811) to prevent vessels from sitting on the bottom This scenario raises concern with using only three lifts for th4t(r-IVED slips as well as the functionality of all proposed slips, especially slip number 3. Wd)IddAUhWNGTON, NC Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27 17 Telephone: (919) 707-0220 • Fax: (919) 707-0028 CMDF_JoM Black Page 2 January 9, 2017 the applicant to discuss any concerns raised by representatives for marine resources to minimize impacts and modify the proposal accordingly. 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 dunnna,ncwildl ife. o re RECEIVER DCM WILMINGTQN, N !3AN 12 2017 CoastaiManagement E RONMIWAL QUA Y December 19, 2016 PAT MCCRORY Gowamor DONALD R. VAN DER VAART &ochry BRAXTON DAVIS DbgG TO: Ben Andrea Local Permit Officer Supervisor County of New Hanover FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., WiIm_, NC 28405 heather. coats((Dncdenr.aov Fax: 395 3984 (Courier 04-t8-99) SUBJECT: CAMA Application Review Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek 1 AIWW in Wilmington, New Hanover County Proposed Project: to replace an existing private docking facility _Please indicate below your agency's position or viewpoint on the proposed project and Ireturn this +form, o'Heather•Coats at the address above by January 12, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: V_ This agency has no objection to the project as proposed. "Additional comments may be attached' This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. __. This agency objects to the project for reasons described in the attached comments. SIGNED DATED I- (HI Received FEB 1.4 2017 ffiffie oENm th Cm h a 1 Fnw =merdd Qwhty I Co W MaoeBemmt DCM 127 Cardinal Drive Px[., WOmmgron, NC 28405 910-796-7215 W(U- c6astall4anagement ENVIRONMENTAL OUALITY - PAT MCCRORY Governor DONALD R. VAN DER VAART &nermy BRAXTON DAVIS • Director December 19, 2016 TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City FROM: Heather.Coats, Assistant Major Permits Coordinator NCDEQ>' Division of Coastal Management' 127 Cardinal Drive Ext., Wilm.,,NC 28405 heather.coa6s ncdencgov Fax:-395 3964 fcouner0411i-33 SUBJECT: CAMA Application Review RECEIVED DEC 21 2016 Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek/' M HD CITY in Wilmington, New Hanover County Proposed Project: to replace an existing private docking facility Please indicate bellow our agency's position or viewpoint on the proposed project and re6m4his fonn.to He-ather'Ceats at the address above by January 12, 2017: If you'have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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 tl6 i State of North Carolina i Environmental Quality I Coastal Nbwcment 127 Cardinal Drive Ext., Wilmington, NC 29405 . 910-796-7215 Js Coasta[Mdnag6hent ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator. FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: John and Kathy Black DATE: 1/6/17 ROY COOPER Governor WILLIAM G. ROSS'JR. se-1.1y BRAXTON DAVIS Dimcror A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats.' The applicant proposes to replace an existing facility for a single lot with a new multi -slip facility after the lot is subdivided.. The surrounding waters are classified as Primary Nursery Area (PNA), SA, HQW, and is closed to shellfish harvest. Depths range from approximately -1.29ft to -2.67ft at Normal Low Water (NLW). The applicant. proposes a facility consisting of.three boatlifts and a floating dock, totaling five slips. The facility is situated at the % width with the channel edge less than a boat length from the terminal end of the.. facility. Oyster resource is present in the vicinity, though' discussions with DCM staff indicates no resource within the proposed footprint.. it is recommended that the_ three boatlifts be conditioned with stops to, reduce the potential for direct vessel impact with the PNA bottom through prop dredging.'The floating dock' is within the existing floating dock's faotprint.and, is intended for loading purposes and Inot permanent dockage. Water depths at the floating dock's landward slip is identified as -1:7ft at NLW.. Docking facilities have the potential to shoal after construction.leading to decreased depths. -Since this area is PNA, future requeststo dredge will be opposed by the DCM. Fisheries Resource Specialist. Finally, due to the. intent of the facility to accommodate three proposed lots, it is recommended that a' development restriction be placed on the subdivided properties. This restriction will remove the potential for additional facilities with additional potential impact after the fact: Contact Gregg Bodnar at (252) 808=2808 ext.'213 orQre¢e:bodnarCO)ncdenreovwith further questions or" concerns. . . Sane ofNath Carolina I Enimnmentel Qu9ty l Coastal Ma pment - - 400 Commerce Aveue l Morehead City, NC 28557- 252-808.2808.1252-247-3330(fn) 0 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 29 December, 2016 Regulatory Division Action ID No. SAW-2014-00383, General Permit No. 197800056 Southern Environmental Group, Inc. Attn: Ms. Dana. Lutheran 5315 South College Road, Suite E Wilmington, North Carolina 28412 Dear Ms. Lutheran: Through coordination with the North Carolina Division of Coastal Management, and on behalf of John and Kathy Black, we have learned of your request to replace an existing private docking facility at 706 Jacobs Creek Lane, adjacent to Whiskey Creek/AIW W, in Wilmington, New Hanover County, North Carolina. Coordinates are: 34.16129-N,-77.85932-W. On January 1, 2011, we renewed general 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. 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. RECEIVED DCM WILMINGTON, NC DEC 292016 -2- 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. Sincerel Tyler Crfunbley, Project Manager Wilmington Regulatory Field Office Enclosure: GP 56 conditions Copies Furnished (without enclosure): Ms. Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Robb Mairs Division of Water Resources North Carolina Oep' ent of Environmental Qualify'' 127 Cardinal Drive. Extension Wilmington; North Carolina 28405 aL PAT MCCRORY Governor DONALD R. VAN DER VAART Sec etary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY December 19, 2016 �uu LLL Dee ®jZ& 01 TO: Heidi Cox N1% ofpk ?Ole Assistant gional ater Public Water Supply-WiRO ring Supervisor •Pebll fll. f iftter,qo os pv FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: John and Kathy Black Project Location: 706 Jacobs Creek Lane, adjacent to Whiskey Creek /AIWW in Wilmington, New Hanover County Proposed Project: to replace an existing private 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 January 12r 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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 ` Lk-2t,C. C7t (1,0 Cii�C DATED I 2—I lc) // k DCM WECEM ILMINGT N NC DEC 22 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DCM Coordinator: 7 coyl)� Permit #: zb0 )] MAILING DISTRIBUTION SHEET Permitee: OHS Klv BLA�t•t��, Agents: SLG"I — owvq DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Josh Pelletier William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: er Crumb Liz Hair Cultural Resources: enee ledhiil-E or(environmental.review@ncdcr.gov) Public Water Supply: HeidLCox_(VV ROj' Joey White (WARD) Marine Fisheries: Shane les �6 NC DOT: Shellfish Sanitation: Shannon Je 1 n State Property: one Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh — 401 Wilmington: aim Chad Coburn - 401 DEMLR: Washington: Scott Vinson - Stormwater Wilmington: Barge e— �- Stormwa Wildlife Resources: aria Dunn LPO: N l- (3_ 1 1J (�Nl,1P 7k C rty 6F WILM _ Vib—ltrtyri i�iP1. Fax Distribution: Permitee #: Agent #: Revised 12/13/16 DCM MP-1 APPLICATION for Major Development Permit (last rwvlasd 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT L Primary Applicant/LandownerInformation Business Name Project Name (if applicable) NA 706 Jacobs Lane Applicant l: First Name MI last Name John Black Applicatn2: First Name MI Last Name Kathy Black If adOututal applicants, please amch an additional page(s) with names listed. Mailing Address PO Box City State 706 Jacobs Crcek Lane Wilmington NC ZIP Country Phone No. FAX No. 28409 910 - 231 9367 ext. NA - - Street Address (ifdii ferenifrom above) Ciry State ZIP Same as aboce - Email jbkb2003@bellsouth.net 2. AgenflCon&actorinformadon Business Name Southem Environmental Group, Inc. (SEGi) Agent/ Contractor h First Name MI last Name Dana A. Lutheran Agent/Contractor2: First Name MI Last Name Mailing Address PO Box City State 5315 South College Road, Suite E Wilmington NC ZIP Phone No. I Phone No, 2 28412 910 - 228 - 1941 ext. 910 - 452 - 1841 ext. FAX No. Contractor # NA NA Street Address (if diemmfmm above) City State ZIP Same as above - Email dlutheran@segi.us RECEIVED RECEIVED DEC 21 Z016 OCM WILMINGTON, INC DCM- MHD CITY DEC 14 2016 Cif Revised 12/13/16 3. Project Location County (can be multiple) Street Address State Rd. N New Hanover 706 Jacobs Creek Lane Subdivision Name City State Zip NA Wilmington NA 27409 - Phone No. Lot No.(s) (f many attach additional page with list) Same as above - - ext. NA , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lower Cape Fear / White Oak Whiskey Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. atu Manmade Unknown AICWW e. Is proposed work within city limits or plamingjurisdiction? f if applicable, list the planningjurisdiction or city limit the proposed work Yes No falls within. City of Wilmington 4. Site Descrodon a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 534 +/- LF 6.27 AC / 272,971 SF c. Sim of individual lot(s) d. Approximate elevation of tract above NHW(normal high water) or NWL lot 1 = 2.08 AC, lot 2 = 2.10 AC, lot 3 = 2.09 AC (normal water 1e 1) (/f many lot sizes, please allach addinorml page with a list) 14' <:2R)r NWL e. Vegetation on tract Coastal wetland and USACE Section 404 wetlands exist along the waterward fringe of the tract. The remainder of the tract contains large pines and oaks. f Man-made features and uses now on tract Currently a single family dwelling, shed and fixed dock with gazebo and 2 slip, floating platform exists. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential is the land use of the adjacent properties. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-15 (Attach zoning compliance certificate, if applicable) Yes No NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Y No k. Has a professional archaeological assessment been done for the tract? if yes, attach a copy. Ye<No A If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National Register Y No A listed or eligible property? m. (i) Are there wetlands on the site? Yes No RECEIVEU (ii)An there coastal wetlands on the site? Ye No DEC 21 2016 (iii) If yes to either (i) or (it) above, has a delineation been conducted? <ZS:No (Attach documentation, lfavadable) SEa Welland Biologist, David Scibetta, delineated both the USACE 404 wetlands and DCM DC M- M H D C IT coastal wetlands. Robb Mairs verified the coastal wetland line on 4/9/16. The USACE issued a Jurisdictional Determination 10/13/14. RECEIVED N NC Wit n. Describe existing wastewater treatment facilities. E)CM Sewer service is provided through CFPUA DEC 14 2016 o. Describe existing drinking water supply source. Water is supplied through CFPUA Revised 12/13/16 VW p. Describe existing storm water management or treatment systems. Currently, all BUA drains to Whiskey Creek. S. Activities and Impacts a. Will the project be for commercial, public, or private use? Commercial Public/Govemment PrivatdCommu b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the proposed work is to provide slips for `_:boats. The slips will be used by the property owners and their guests only. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction practices and materials will be utilized to build the proposed structures. Material will be stored in uplands within the property boundaries. d. List all development activities you propose. The Applicant proposes remove the 4' wide existing fixed pier and replace it with a 6' x 94' fixed pier. Next the Applicant intends to increase the overall area of the existing gazebo platform, which measures 10' x 10% by 2' all around, and extending the drip line out 18", rendering the drip line to be 13.5' x 13.5' (182.25 SF). From there, the remainder of the 4' wide pier and 6' x 48' floating platform will be replaced with a 6' x 3' pier, which will have axed to it and to the east, a 5' x 30' fixed platform with two (2) finger piers, measuring 4' x 21' each that will service three (3) "sling" boat lifts measuring 14' x 14'. Hard stops will be installed at I8' above the substrate on the lifts, to ensure the lifts to no rest on the bottom. The Applicant intends to increase the height of the entire fixed structure by 2'. Lastly, a 6' x 14' Floating day dock extending west off the first finger pier, is proposed. Please see Attachments A and C for details of the proposed work. e. Are the proposed activities maintenance of an existing project, new work, or both? New work 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 acc sisway or other area that the Yes o A ��' public has established use of? vl- h. Describe location and type of existing and proposed discharges to waters of the state. NA DEC %I Z�16 i. Will wastewater or stormwater be discharged into a wetland? Y No A If yes, will this discharged water be of the same salinity as the receiving water? Yes N NA IDCjM M •" -H D Ct j. Is there any mitigation proposed? YesQLo>A If yes, attach a mitigation proposal 6 Additional Information In addition to this completed application form, (MP-1) the following items below, ifapplicable, mast be submitted in orderfor the application package to be complete. Items (a) — 09 are always applicable to any major development application. Please consull the applrmtion instruction booklet on haw to properly prepare the required new below. a. A project narative.,/See Attachment 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 alJeady complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. V See Attachment 2 c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site../Sm Attachment 3 d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties../Sce Attachment 4 e. The appropriate application fee. Check or money order made payable to DEQ. ,!See Attachment 5 f. A list of the names and complete addresses ofthe adjacent waterfront (riparian) landowners and signed return receipts as proofthat 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../ See Attachment 6 Name GRADY NAN BELLAMY (724 JACOBS CREEK LN) Phone No. Unknown Address 5638 HARVEST GROVE LN, WILMINGTON, NC 28409 RECEIVED NC pCtia WILMING'FON, Name GRAY WALTER ERIKSEN KATHERINE BAILEY Phone No. Unknown Address 9115 MASONBORO SOUND RD, WILMINGTON, NC 29409 DEC 14 Z016 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NA CY Revised 12/13/16 h. Signed consultant or agent authorization form, if applicable. ,/ See Attachment 7 i. Wetland delineation, if necessary.,/ See Attachment8 j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by prope, 0, owner) NA 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. NA 7. Certification and Permission to Enter on Land 1 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. 1 further certify that the information provided in this application is truthful, to the best of my knowledge. Date 29 Seotember 2016 (Rev. 12/13/16) Print Name Dana A. Lutheran for John and Kathy Black Signature Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP4 Structures Information DCM MP-5 Bridges and Culverts RECEIVED DEC 21 2016 DCM- MHD CITY RECEIVED DCM WILMINGiON, NC DEC 14 2016 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. c. Density (give the number of residential units and the units per acre). Number of Units = 3 Units per Acre = .48 e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes No NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. BUA is not proposed within the 75 AEC i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 11% j. Describe proposed method of sewage disposal. CFPUA b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. In total, upland development will consist of 29,423 SF of built upon area. Lot 1 = 10,000 SR Lot 2 = 10,000 SF and Lot 3 = 9,423 SF. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Asphalt and concrete will be used for driveways. Typical construction materials will be used for the dwellings. h. Projects that require a CAMA Major Development Permit may also require a Stomwvater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? Yes No NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? Yes No NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stonnwater state (e.g., surface runoff, sanitarywastewater, industrial/ design? commercial efguent,'Wash down" and residential discharges). Yes(ND NA Stonnwater will sheetftow off the BUA across vegetated areas prior If yes, attach appropriate documentation. to discharging off the site. m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) CFPUA o. When was the lot(s) platted and recorded? 30 November 2001 29 September 2016 Date 706 Jacobs Creek Project Name n. (1) Will water be impounded? Y No NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? Ye No NA RECEIVED John and Kathy Black DEC 21 Z016 Applcanl Name ci :IVED DanaA. Lutheran , DCM- MHD CIT1 MWE,,,I"GTGN'NP Applicant Signawm oci 0 5 2016 252-808-28082 :: 1-888-4RCOAST :: vvww.nccoastalmianaaernent.net revised: 12/26/06 Revised 12/13/16 Page I of Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-l. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: Commercial Public/Governme rivatelCommuni c. (i) Dock(s) and/or pier(s) III Number 1 (2 seoments) (III) Length (iv) Width both at 6' (v) Floating Yes No e. (i) Are Platforms includedED No If yes: (III Number 1 (III) Length 10 12' (Fixed Gazebo) 10 36' (Fixed) 10 14' (Floating) (iv) Width 1 A 12' (Gazebo). 5' (Fixed) andn 6' (Floating) (v) Floating Yes No Note: Roofed areas are calculated from dnpline dimensions. g. (1) Number of slips proposed _5 (ii) Number of slips existing 2. i. Check the proposed type of siting: Land cut and access channel Open water; dyed in for basin antllor channel n water; no dyed in ui Other; please describe: k. Typical boat length: 15' _ 25' m. (i) Will the facility have tie pilings? Yes No (ii) If yes number of tie pilings? This section not applicable b. (i) Will the facility be open to the general public? Yes No d. (!)Are Finger Piers included. Yes No If yes: (ii) Number 2 (iii) Length 21' (iv) Width 4' (v) Floating Yes No f. (i) Are Boatlifts included? Yes .No If yes: (ii) Number _L (III) Length 14' (iv) Width 14' 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 ka a "wM slips°) only, number of 3 . Dry storage; number of boats: Boat ramp(s); number of boat ramps: Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabouts I. (i) Will the Ta�be open to the general public? Yes No 12. DOCKING FACILITY/MARINA OPERATIONS MC^r.1%JP Fiction not applicable a. Check each of the following sanitary facilities that will be included in the proposed 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. DEC 21 2016 RECEIVED DCM_ MHD .0CM WILMINGTON, NC DEC 14 2016 252.808.2808 :: 1-888.4RCOAST :: www.necoastalmanaaement.net revised: 12127'/06 Revised 12/13/16 Page 2 of 3 c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and Describe the safety measures planned to protect area water quality. j. What will be the manna policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? Yes No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? Yes No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CW X SAV SB X WL X None_ p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? Yes No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) This section not applicable a. (1) Is the boathouse structure(s): Commercial Public/Government Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripfine dimensions 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicable a. (I) Number (ii) Length (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 orwetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): b. Number Commercial Public/Government Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, it present e. Are of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 1DO LF from western adiacent Procer(v corridor 138 LF from eastern adiacent Property corridor d. Descriptiony(giigy jF l inscri_onDs'¢e, anchor, etc.) DEC 21 2016 b. ProxirrQaEafYitbreMV'WQ Q%Wkyg facilities. 136 LF from western adiacent dockinaiacii. N.'ECEIVED iLMINGTON, NC 14 2016 Revised 12/13/16 Page 3 of 3 r-1 Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Varies. See Site Plan. e. (i) Will navigational aids be required as a result of the project? Yes No NA (it) If yes, explain what type and how they will be implemented. 8. OTHER a. Give complete description: d. Water depth at waterward end of structure at NLW or NWL Varies. See Site Plan 29 September 2016 (revised 10 and 28 November and 9 and 13 December 20161 Date 706 Jacobs Creek Project Name John and Kathy Black Applicant Name Dana A. Lutheran Applicant Signature RECeNeD DEC 21 Z016 ®�M_ MHp CITY RECEIVED DCM WILMINGTON, NC p -1. 14 2016 4{ C, ,I,-: o C a WaaNnpton Kings Gram wnr "� -•tnta trtbnal Na,,assa - Airport u r. Wilmington ,e f silvarlaw Old Town It as 3 3 8 ' nra .nuns. M.nmM, n n. ows p,A - •,�cc oaew+,amao a 7' SmlcbvnA h•. 1 � Uwry' B� Y� ow RECEIVED DEC 21 2016 DCM- MHD CITY n \ u tnirIGTCN, NC OCl 0 5 2016 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: John and Kathy Black 2. LOCATION OF PROJECT SITE: Site is located at 706 Jacobs Creek Lane off of Masonboro Sound Rd, adjacent to Whiskey Creek/AIW W, in Wilmington, New Hanover County. Photo Index —2006: 21-7385 0, 9 Location: Lat: 34°09'36.78"N Long: 77051'36.38"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—12/09/16 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Incomplete and Returned to Applicant—10/10/2016 Application Resubmitted—11/21/16 Application Incomplete/Notice Sent—11/22/16 Application Complete—12/14/16 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington/New Hanover County Land Classification From LUP — Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes RECEIVED (D) Intended Use: Community (E) Wastewater Treatment: Existing -Municipal Sewer DEC 21 2016 Planned- N/A (F) Type of Structures: Planned- Replace existing docking facility with new doDOWN H D CITY (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHER A Ve d Wetlands (A) Vegetated (B) Non -Vegetated Wetlands (Open Water) 180 sq. (shaded) 978 sq.. (incorporated) ated) (C) Other - Highground disturbance N/A (D) Total Area Disturbed: 1,158 sq. ft. (0.026 acres) (E) Primary Nursery Area: Yes (I) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to replace an existing docking facility with a new docking facility within Whiskey Creek. John and Kathy Black Page 2 PROJECT DESCRIPTION The project site is located at 706 Jacobs Creek Lane, off of Masonboro Sound Rd., adjacent to Whiskey Creek, in the City of Wilmington, New Hanover County. To locate the property from the Wilmington District Office, turn left on to Cardinal Drive and travel south for 0.53 miles until you reach Eastwood Rd. Turn Left on to Eastwood Road and travel East for 1.8 miles until you arrive at Military Cutoff Rd. Turn Right on to Military Cutoff Rd and proceed 1.3 miles to Greenville Loop Rd. Take a left on to Greenville Loop Rd and continue 2.8 miles to Pine Grove Dr. Turn left on to Pine Grove Dr and travel 1.2 miles to Masonboro Loop Rd and continue on for another 1.4 miles until you reach Masonboro Sound Rd. Turn left on to Masonboro Sound Rd and proceed for 0.3 miles and then turn right on to Cabbage Inlet Ln. Travel 427 ft. and turn right on to Jacobs Creek Lane. Continue on Jacobs Lane for 0.2 Miles and you will arrive at 706 Jacobs Creek Lane at the end of the road. The property is approximately 6.27 acres (273121.2 sq. ft.) and is improved with a single family residence, a driveway, and a private two (2) slip docking facility. The applicant intends to subdivide the parcel in to 3 lots; Lot 1 at 2.08 acres, Lot 2 at 2.10 acres, and Lot 3 at 2.09 acres (See "Site Plan for Jacobs Ridge Conservation Tract"). The property has an average elevation of 14 ft. above normal high water (NHW). Upland vegetation primarily consists of hardwood species and lawn grass. The property borders Whiskey Creek to the South, which is also shared by adjacent riparian property owners and the residents of Donnelly Lane to the West, and residential property owners on Cabbage Inlet Lane to the East. The property has approximately 534 linear feet of shoreline which is stabilized by coastal wetland species. The coastal wetlands consist primarily of Smooth Cordgrass (Spartina alternii fora), which measures approximately 400 ft. in length and approximately 30 ft. in width from the West property line to the East property line. The applicant also maintains an existing private two (2) slip docking facility into Whiskey Creek. The existing docking facility consists of an existing 103 ft. in length and 6 ft. in width elevated pier, and terminates in a 10 ft. in length, 10 ft. in width elevated observation deck. An access ramp then leads waterw rd from the existing observation deck to an existing 47 ft. in length and 6 ft. in width floating dock platform, which runs parallel to the shoreline and channel. The existing docking facility is located within 200 ft. of an adjacent existing docking facility to the West, but no other adjacent docking facility exist within 200 ft. to the East. The applicants existing docking facility accommodates up to two (2) vessels. The existing docking facility was built prior to 1993 based on aerial photography, no CAMA permit was located. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of Whiskey Creek are classified SA; HQW by the Div i ' s, and they are CLOSED to shellfishing. Whiskey Creek is designated as a Primary Nursery Area�b tl eTPC. Liivision of Marine Fisheries. 2016 DEC 21 PROPOSED PROJECT r TT��// The applicant proposes to replace the existing private docking facility within Whiskey Creel{3W&W iQ Cenirhuhity docking facility for the three proposed lots. The new community docking facility will be in the same alignment as the existing structure and elevated 2 ft. higher than its current elevation. The docking facility will include a 94 ft. in length by 6 ft. in width elevated pier, a 12 ft. in length by 12 ft. in width gazebo with a 1.5 ft. overhang, a 3 ft. in length by 6 ft. in width elevated pier, and a 36 ft. in length by 5 ft. in width "L" platform with a 21 ft. in length by 4 ft. in width fixed finger pier on the West end and a 21 ft. in length by 4 ft. in width fixed forger pier on the East end. The applicant proposes to install three 14 ft. by 14 ft. sling boatlifts, one on the East side of the easternmost forger pier, and two side -by -side between the two finger piers. All three sling boatlifts (labeled 1 through 3 on Sheet 1 of 2) will have 4" by 6" timber stops at 18" from the substrate to avoid impacts to the Primary Nursery Area (See Attachment 5). On the West side of the westernmost finger pier the applicant proposes an access ramp with a 14 ft. in length by 6 ft. in width floating "day dock" aligned parallel to shore that will provide for two (2) temporary vessel tie-up (labeled 4 & 5 on Sheet 1 of 2). The application states that the proposed expansion would provide three (3) additional docking spaces at this existing facility for a total of five (5) vessels within existing water depths ranging from approximately -1.29 ft. to -2.67 at NLW (See Sheets 1 through 3 of 3 and Project Narrative). John and Kathy Black Page 3 Please note, that the applicant's proposal for a five (5) slip community docking facility has been found to be "consistent with the City (of Wilmington] and CAMA's intent to reduce the overall number of piers and the impact thereof on the waterways". The new lots would require deed restrictions to limit the number of boat slips and prohibit commercial use. (See enclosed email correspondence) 10. ANTICIPATED IMPACTS The proposed expansion of the existing docking facility would incorporate an additional 364 sq. ft. for a total of approximately 1,158 sq. ft. of Estuarine Waters and Pubic Trust Area. Including the proposed structures, the docking facility would extend approximately 102 feet into a waterbody, which measures approximately 426 feet across. This distance would conform to the 1/4 width rule or 106.5 feet, which is consistent with the rules at the time of the issuance of the permit for the existing docking facility. The proposed expansion of the existing docking would provide three (3) additional docking spaces for a total of five (5) vessels within existing water depths between-1.29ft. and-2.67ft. at NLW. The proposed structures would not encroach into the channel or the adjacent 15' Riparian Corridor Setback Area requirement. To avoid potential impacts to Primary Nursery Area the applicant agrees to installing timber stops on all three proposed sling boatlifts at 18" above the substrate (See Attachment 5). Minor increases in turbidity should be expected during construction. Submitted by: Brooks Surgan Date: December 16, 2016 Office: Wilmington RECEIVED DEC 21 2016 DCM- MHD CITY IKI' Attachment 5 to Response to DCM RFAI (11/17/16) Proposed Sling Boat Lift with Timber Stop Bottom of the Slings not extend below 18" above the substrate 4" x 6" Timber RECEIVED DEC 21 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC NOV 21 2m Attachment 1 to Response to DCM RFAI (11/17/16) in2 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mr. & Mrs. John Black Mailing Address: 706 Jacobs Creek Lane Wilmington, NC 28409 Phone Number: 910.297.7915 Email Address: ibkb2003@belisouth.not I certify that I have authorized Dana A. Lutheran (Southern Environmental 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: Removal of existing 4' wide pier and floating platform and new construction of 6' wide pier and fixed platform, with 2 finger piers, 3 boat lifts, and floating day dock. at my property located at 706 Jacobs Creek Lane. in Wilmington. New Hanover County. l furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information:, V �yi� °� Si nature Jv,4 1 tt Print or Type Name title lrJ�y,ff Date This certification is valid through RECENED DEC 21 Z�16 IDCM_ MHD CITY RECEIVED D,M WILMINGTON, NO Nov 21 Z016 Attachment 3 to Response to DCM RFAI (11/17/16) Pg 1 of 3 CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONAIVAIVER FORM Name of Property Owner: John and Kathy Black AddressofProperty: 706 Jacobs Creek Lane, Wilmington, New Hanover Co. (Lot or Street #, Street or Road, City & County) Agent's Name #: Dana Lutheran Mailing Address: 5315 S . College Rd. Agent'sphone#: 910.228.1841 Wilmington, NC 28412 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they71have posing. A description or drawing. with dimensions, must be provided with this letter. no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) In writing within 10 days of receipt of this notice. Contact information for DCM offices is available at htto://www.nccoastalmanaoament.net/weblcrWstaff-listing orbycalling 1-888-4RCOAST. WAIVER SECTION I understand that a p ck, mooring pilings, boat ramp, breakwater,ouse, or lift must be set back a minimum distan 5' from my area of ripar cess unless waived by me. (if you wish to waive the setback, you mus ' ' I th opriate blank below.) Idowish towaiuetftl i5'setback requireme This section is NA not wish to waive the 15' setback requirement. RECEIVED urt 21 2016 (Props Ow er foF i (Riparian Property rmation) ;t: L) v DCM- MHD CITY Sigr lure 'p I Signature John Black i 1AT4T/ I�Acic- Print or Type Nam 706 Jacobs Creek Lane Mailing Address Wilmington, NC 28409 City/State/Z!p 910.231.9367 Telephone Number/Email Address Dare G'21k- GKA'y Print or Type Name Ir ( 1, S' /^mil t>; 50 4kJ 5,n l2� Mailing Address t5 (- ,Af- j %e Q t/ t t— rii) N (r -t—v A" City/Slate)Zip C51 �( p '51 3 3 %-7 4 RECEIVED f1CM WILMINGTON, NC Telephone Number/Email Address I(-- IY -A, Dale NOV 21 2016 (Revised Aug. 2014) Attachment 3 to Response to DCM RFAI (11/17/16) Pg 2 of 3 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: John and Kathy Black AddressofProperty: 706 Jacobs Creek Lane, Wilmington, New Hanover Co. (Lot or Street #, Street or Road, City 8 County) Agent's Name #: Dana Lutheran Mailing Address: 5315 S. College Rd. Agent'sphone#: 910.228.1841 Wilmington, NC 28412 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing. with dimensions, must be provided y,4n q iglep4.'VED 4—I have no objections to this proposal. I have objections to this proposal,, ` )(iMF If you have objections to what is being proposed, you must noW the Division of Coastal Management (DCIM in writing within 10 days of receipt of this notice. Contact information for DCM oEfces Is ` available at httpAvww.nccoastaimanaaement.net/web/cm/staif-listing or by calling 1-88& 4RCOAST. I understand that a`pter be set back a minimum WAIVER SECTION mooring pilings, boat ramp, .*W15' from my area of rip you wish to waive the setback, you I do wish to waivat %5�15' setback ;wale ouse, or lift must cess unless waived by me. (if blank below.) not wish to waive the 15' setback requirement. (Pr 274?"n1, /l Si azure Jt yam'-- John Black / 9 TSTY 6CACK Print or Type Name 706 Jacobs Creek Lane Mailing Address Wilmington, NC 28409 City/State0p 910.231.9367 Telephone Nut ber/Email Address o (a Date This section is NA (Riparian Property Owner Information) Mailing Address w, ln,iti„ 64- /k_, a 0Po Ct4statem RECEIVED DCM W LMIING ON, NC Telephone Number/Email Address N 21 2016 Date (Revised Aug. 2014) KID Coastal Management ENVIRONMENTAL QUALITY December 16, 2016 John and Kathy Black C/o Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E. Wilmington, NC 28412 Dear Ms. Lutheran: PAT MCCRORY. GOWMW' DONALD R. VAN DER VAART senemr9 BRAXTON DAWS Diretmr The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for John and Kathy Black, for State approval for development of the property located at 706 Jacobs Creek Lane off of Masonbom Sound Rd., adjacent to Whiskey Creek and the AIWW, New Hanover County. It was received complete on December 14, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 27, 2017. 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 December 14, 2016, 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. rel Since Brooks Surgan Field Representative Enclosures cc: Doug Huggett, DCM Heather Coats, DCM Debra Wilson, DCM Tyler Crumbley, ACOE Robb Mairs, DWR Ben Andrea, New Hanover County Stet of NoRh Camlioe I EnvInmIn=l Quality I Coastal Mawemmt 127 Catdiaal Dri" ExL, Wilmmgmn, NC 29405 919 796 7215 RECEIVED DEC 21 2016 DCM- MHD CITY a LAMA PERMIT APPLI PROJECT:TO replace a , at EFOR private docking facili ., Ujac . ■ _ i. ■ . If Hanover County COMMENTS ACCEPTED THROUGHJanuary 12, 2017 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: John & Kathy Black �t NC Div. of Coastal Management 706 Jacobs Creek Lane 127 Cardinal Dr. Extension Wilmington, NC 28409 Wilmington, NC 28405 Brooks Surgan, Field Representati—ve 910-796-7271 Agent: Dana Lutheran (910) 228-1841 joutitetn environmental Group, Inc. 3511 5mth Cdlase R«d 5uke E • Wilmington, NC 28+12 rhon+-910.+32.2711.F.x9i0112.2e99•Emt:e((ice®seg s 26 September 2016 Certified Mail Mr. & Mrs. Walter Grey 8115 Masonboro Sound Road Wilmington, NC 28409 Re: 706 Jacobs Creek Lane CAMA Major Permit Application Adjacent Riparian Property Owner (ARPO) Notification To whom it may concern, Southern Environmental Group, Ina (SEGi) has been retained by Mr. and Mrs. John Black (herein referred to as the "Applicants"), to apply for and secure a Coastal Area Management Act Major Permit to perform work within public trust waters, at their property located at 706 Jacobs Creek, in Wilmington, New Hanover County, North Carolina. As part of the permit process, the Applicant is required to notify the adjacent riparian property owners. According to the New Hanover County GIS Tax Page, you are listed as the southern ARPO. The proposed work will consist of a modification to their existing docking structure. To assist you in the decision making process, attached you will find the Permit Applications and Site Plan. The Applicant and SEGi sincerely request that you sign the enclosed form letter and return it to our office via email at dlutheran(7ae seei.us. This will help to expedite the CAMA permit process. If you should choose not to respond to this letter, the Division of Coastal Management will assume there is no objection to the proposed activity. For questions regarding the permitting of the proposed activity, please call the North Carolina Division of Coastal Management (Ms. Debbie Wilson) at 910.796.7215 or visit their office at 127 Cardinal Drive Extension. Please feel free to call our office at 910.452.2711, for information regarding Areas of Environmental Concern (AEC) or other environmental issues. Thank you for your time and assistance with this project. Sincerely, Dana Enclosures (3) RECEIVED DEC 21 2016 DCM- MHD CITY RECEIVED DCM WIU,4INGTCN, NC OCT 0 5 2016 Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Co mor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS D C(or December 19, 2016 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice / Wilmington, New Hanover County • Greg Zwack John and Kathy Black Kyle & Heather: Please publish the attached Notice in the Thursday, December 22, 2916 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: Sincerely, �`9 c Shaun K. Simpso!'�-4� Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Tyler Cmmbley - USACE Sarah Young- DCM RECEIVED DEC 21 2016 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-7967215 LM NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern for projects in Wilmington, New Hanover County as designated under the CAMA: On December 12, 2016, Greg Zwack proposed to expand an existing private docking facility at 918 Santa Maria Ave., adjacent to Pages Creek, and on December 14, 2016, John and Kathy Black proposed to replace a private docking facility with a 5-slip community docking facility at 706 Jacobs Creek Ln., adjacent to Whiskey Creek / AIWW. Copies of the applications can be examined or copied at the offices of Brooks Surgan (Black) or Tara MacPherson (Zwack), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) 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 January 12, 2017 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED DEC 21 2016 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 jouthetn Environmental Group, Inc. s31s5—thCJ*rKmd5uheE• Wtmingren,NC28t12 Plane 910.4-52-2711 • Fexi 910432ae99• Emd, eitce®.eg4m 26 September 2016 Certified Mail Nan Bellamy Grady 724 Jacobs Creek Lane Wilmington, NC 28409 Re: 706 Jacobs Creek Lane CAMA Major Permit Application Adjacent Riparian Property Owner (ARPO) Notification To whom it may concern, Southern Environmental Group, Inc. (SEGi) has been retained by Mr. and Mrs. John Black (herein referred to as the "Applicants'), to apply for and secure a Coastal Area Management Act Major Permit to perform work within public trust waters, at their property located at 706 Jacobs Creek, in Wilmington, New Hanover County, North Carolina. As part of the permit process, the Applicant is required to notify the adjacent riparian property owners. According to the New Hanover County GIS Tax Page, you are listed as the southern ARPO. The proposed work will consist of a modification to their existing docking structure. To assist you in the decision making process, attached you will find the Permit Applications and Site Plan. The Applicant and SEGi sincerely request that you sign the enclosed form letter and return it to our office via email at dlutherank.segi.us. This will help to expedite the CAMA permit process. If you should choose not to respond to this letter, the Division of Coastal Management will assume there is no objection to the proposed activity. For questions regarding the permitting of the proposed activity, please call the North Carolina Division of Coastal Management (Ms. Debbie Wilson) at 910.796.7215 or visit their office at 127 Cardinal Drive Extension. Please feel free to call our office at 910.452.2711, for information regarding Areas of Environmental Concern (AEC) or other environmental issues. Thank you for your time and assistance with this project. Sincerely, �C i "d�- Dana A. Lutheran SEGi Project Manager Enclosures (3) RECEIVED DEC 21 2016 DCM- MHD CITY DCM RECEIVED ON, NG OCT 05 2016 PARID: R07700-005-001-000 BLACK JOHN A KATHRYN F 706 JACOBS CREEK LN Parcel Alt ID 314518.41.9545.000 Address 706 JACOBS CREEK LN Unit City WILMINGTON Zip Code Neighborhood D8K45 Class RES-Residential Land Use Code 10-1 Fam Res Living Units 1 Acres 6.07 Zoning R-15-RESIDENTIAL DISTRICT Legal Legal Description D D GEORGE HOMEPLACE Tax District WM RECEIVED Owners Owner BLACK JOHN A KATHRYN F DEC 21 2016 City WILMINGTON state "C DCM- MHD CITY Country Zip 28405 THE DATA IS FROM 2014 Sales Sale Date Sale Price Grantee Grantor Book Page Sale Key 25-AUG-06 BLACK JOHN A KATHRYN F BLACK LYNNE C 5070 782 409368 14-OCT-03 $0 BLACK JOHN A KATHRYN F BLACK JOHN A 4053 0523 302008 08-MAR-99 $0 BLACK JOHN A BLACK LYNNE C 2535 0053 302007 24-JAN-97 $2,500 BLACK JOHN A LYNNE C MAUS WILLIAM C III SHANNON C 2131 0622 302006 05-JUL-94 $0 BLACK JOHN A LYNNE C DIV MARINE FISHERIES 1788 0756 302005 08-JAN-93 $500,000 BLACK JOHN A LYNNE C ROESCH JAMES E LYNDA S 1639 0820 302004 01-JAN-01 $0 ROESCH JAMES E LYNDA S ` NOT IN SYSTEM ' 0819 0739 302003 Sale Details 1 of 7 Sale Date 25-AUG-06 Sale Key 409368 Sale Price Grantee BLACK JOHN A KATHRYN F Grantor BLACK LYNNE C Sale Source - RECEIVED Book 5070 DCM WILMINGTON, NC Page 782 Sale Validity U-Unqualified OCT Q 5 2016 Sale Type IMPROVED Sale Flag STEB C Attachment 3 to Response to DCM RFAI (11/17/16) Pg 3 of 3 PARID: R07210-005-024-000 TURNER JOHN F MICHELLE J Sales Sale Date Sale Price Grantee 14JUL-16 $475,000 TURNER JOHN F MICHELLE J 29JUL-04 $320,000 GRADY NAN BELLAMY 05-JUN-98 $250,000 MURCHINSON J REID III LINDA S 08-MAY-96 $226,500 MAUS WILLIAM C III SHANNON C 15JUL-94 $150,000 BLACK CARLOS 12JUL-93 $0 CAROLINA POWER & LIGHT CO 21-FEB-89 $595,000 HUNTER CHARLES E JR Sale Details 724 JACOBS CREEK LN Grantor GRADY NAN BELLAMY MURCHINSON J REID III LINDA S MAUS WILLIAM C III SHANNON C BLACK CARLOS LYNELLA GAI L HUNTER CHARLES E JR MELYNDA HUNTER CHARLES E JR FAW HILARY A JR Sale Date 14JUL-16 Sale Key 538033 Sale Price $475,000.00 Grantee TURNER JOHN F MICHELLE J Grantor GRADY NAN BELLAMY Sale Source Y-Deed Stamps (Sale Price Verified) Book 5985 Page 2521 Sale Type VACANT Sale Validity Q-Qualified Sale Flag STEB Instrument # Instrument Type Warranty Deed Adj. Reason Adj. Price 475000 Adj. Amount Link Click Here to view the deed for this parcel Book Page Key 5985 2521 538033 4430 0432 304211 2379 0669 304210 2027 0896 304209 1792 0097 304208 1682 0305 304207 1447 0129 304206 1 of 7 RECEIVED DEC 21 2016 DCM- MHD CITY RECEIVED QCiM WILMINGTON, NC NOV 21 2016 Return To: NATIONAL CITY MORTGAGE CO P.O. BOX 8800 Dayton, OR 45401-8800 Prepared By. JENNIFER LEONARD NATIONAL CITY MORTGAGE CO P.O. Box 8800 Dayton, OR 45401-8800 (Space Above This Une For Reeordlog Data] DEED OF TRUST DEFINITIONS FOR REGISTRATION REGISTER OF DEEDS REBECCA T. CHtISTIAN NEW H MOVER COUNTY, NC 2001 NOV 30 03:21 23 Prl BK 3124 PG139-156 FEE:i44.00 INSTRUMENT a SAWS 0000030257 Words used in multiple sections of this document are defiled below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain mks regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 26, 2002 together with all Riders to this document (B) 'Borrower" is JOEN BLACK (an unmarried person) aikia John A. Black RECEIVED DEC 21 2016 DCM- MHD CITY Borrower is the tmstor under this Security Instrument. (C) "Lender" is National City Mortgage Cc dba Commonwealth United mortgage company Lender is a corporation organized and existing under the laws of The State of Ohio NORTH CAROLINA-Single Famlly-Fannie Moo/Freddie Moo UNIFORM INSTRUMENT Form 3034 1/01 -0(NC) (00081 Pepe t of 15 Ineld,r 1111111111 IY1II1I14113TON, NCVYP YORTOAOE FOflY3-(600)521- 01 VED FJTURN M CAL)LR a CALDER,ATIORNEY% MWK W CAUM& CAI AT101MYS Lender's address is 3232 Newmark Drive, Miamisburg, OR 45342 Lender is the beneficiary, under this Security Instrument. (D) "Trustee" is Robert: Calder, Sr. (E) "Note" means the promissory note signed by Borrower and dated November 26, 2001 The Now states that Borrower owes Lender SIX HDNDRED FORTY NINE THOUSAND a 00/100 Dollars (U.S. $ 649, 000, 00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1, 201 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property" (G) "Loan" means the debt evidenced by the Note, Plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (K) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The f EIV D Riders are to be executed by Borrower (check box as applicable): E ❑ Adjustable Rate Rider Condominium Rider Second Home Rider DEC 21 2016 Balloon Rider Planned Unit Development Rider 14 Family Rids VA Rider Biweekly Payment Rider u Other(s) [specify] L)C M' ►AHD CITY (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordimances and administrative ruics and orders (that have the effect of law) as well as all applicable food, non -appealable judicial opinions. U) "Community Associatiou Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic tetmbial, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fmancial institution to debit or credit an account Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or otter taking of all or any part of the Property; (W) conveyance in lieu of condemnation; of (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Rea) Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 CFR. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard mai.1,: ®'® 0(Nc) poc$t Page 20f is Form 3034 1/01 RECEIVED DCM WIUAINGTON, NC OCT 0 5 2016 to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest or Borrower" means any party that has taken tide to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located in the County of New Hanover [Type of Recording Jurisdiction] [.Nome of Recording lurirdicriont SEE ATTACHED SHEET MARRED EXHIBIT "A", WHICH IS TO BE MADE A PART OF THIS DEED OF TRUST AS THOUGH FULLY SET OUT HEREIN. Parcel ID Number: 7200-005-001-000 706 JACOBS CREEK, NIT.VINOTON ("Property Address")! RECEIVED DEC 21 2016 DCM- MHD CITY which currently has the address of [Speetl lefty], North Carolina 28409 [zip Code] TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and futures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the „property BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and Uun the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced bv the Note and any �/J1l!�- Innlnla: 4= 6(NC) (0005) Page 3 of th Form 3034 1101 RECEIVED DCM WILMINGTON, NC OCT 0 5 2016 Coastal Management ENVIRONMENTAL QUALITY October 10, 2016 John & Kathy Black 706 Jacobs Creek Lane Wilmington, NC 28409 RE: INCOMPLETE CAMA Major Development Permit Application PROJECT ADDRESS — 706 Jacobs Creek Lane, Wilmington, NC Dear Mr. & Mrs. Black PAT MCCRORY Gmereor DONALD R. VAN DER VAART krrclaq. BRAXTON DAVIS Dirvoor The Division of Coastal Management's Wilmington Regional office received a CAMA Major Permit application from Southern Environmental Group, Inc. on October 5, 2016, requesting approval for development activities adjacent to your property located at 706 Jacobs Creek Lane in Wilmington, New Hanover County, NC. In reviewing your application, we had discovered that additional information is needed to complete the review process. Per the standard guidelines for a DCM Major Application (see attached), I am requesting that you submit the following information to this office: 1) Signed and dated Agent Authorization Form showing Dana Lutheran (SEGi) as your agent. 2) On the MP-4 Form, must be signed and dated. 3) Must include return receipts. 4) Please provide the original, or copies of the "signed certified mail receipts (Green cards) verifying that notice was provided to the two adjacent riparian property owners. Rules require that you provide the signed certified mail receipts along with your application. 5) Site plans and cross sections must be submitted to scale. 6) On the site plan, please locate and show the following: - Include names of adjacent property owners. - Width of waterbody appears to be 410'±. - Width of waterbody is inconsistent, site plan shows waterbody width of 426', whereas cross section shows 410'. - Finger piers are 105' and appear to be inconsistent with the `/4 Width Rule for this waterbody of 102.5'. - Water depths around the docking facility relative to NLW must be a minimum of 18" in a Primary Nursing Area AEC. Landward facing side of the proposed float appears to show less than 18" and docking slip 5 shows water depth of 1.29 or 16". Due to the amount of deficiencies in your application, it is being returned in its entirety. Once you have addressed all of the items mentioned above, you may re -submit the package for review. The fee check (#5959) for $400 has deposited for this application, if the applicant would like to resubmit an application the check can remain on file at this office. If the applicant would prefer a refund please notify the office. You may send the requested information to me direct at the below address. I would be happy to meet about the configuration of the proposed structures before your next submittal. RECEIVED DEC 21 2016 State of North Carolina I Eavironmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 pC M- M H DCITY 919 796 7215 John & Kathy Black Page Two October 10, 2016 In accordance with the Department of Environment and Natural Resources regulations, we note that the partial application, as received by DCM on October 5, 2016, is incomplete for processing. Upon resubmission of a complete application, a local decision will be made in 150 days, provided this period is not extended as provided by law. Please contact me at 910-796-7270 if you have any questions. Sincerely, Brooks Surgan Field Representative, NCDCM Cc: Dana Lutheran (SEGi) 5r-G1 Sout♦tem (=nvironmental imup, Inc 5515 5out♦, College Road, Suite E Wilmington, Norti, Carolina 28112 910.452.2] 1 1 (office) - 910.452.2899 (lax) Date: 14 December 2016 To: Mr. Brooks Surgan Of: Division of Coastal Management Attached you will find:* Proposal Sketch(es) JD Package Report(s) Other Transmittal Permit Application Signed Wetland Map Plans nested Informati Copies Description 25 Jacobs Creek Plan View Drawings Revised 12/12/16 E 25 Jacobs Creek Profile Drawings Revised 12/12/16 DEC 1 Jacobs Creek Project Narrative Revised 12/13/16 oe 1 Jacobs Creek DCM-MP-1 Revised 12/13/16 vl-HD C 1 Jacobs Creek DCM-MP-4 Revised 12/13/16 *11 noted items are NOT attached, please contact our office. These are being delivered: or your Review/Processin For your Records Returned for Correction(s) Corrected and Returned For your Signature As Requested Other: These plans and documents are being submitted to complete the CAMA Major Application By: and Dehve Fed -Ex UPS Regular Mail Other Notes: Brooks, please feel free to call if you have any questions. 910,@#D I1C114 Wlf hAlNGTQN NC Signature and (Typed)utheran Date: 14 December 2016 RECEIVE,-, OM 14 20 Dana, A few small things... 1) MP-1 4(a) Shoreline length (534') does not match length given in Project Narrative paragraph 4 (523'). 2) MP-1 5(b) Owner is proposing "5" boat slips, not "6" 3) MPA 1(c) Pier length is 94' not 92' 4) Project Narrative — Paragraph 4 says "replace existing 109' x 4' pier", the following table says, remove "4' x 103' existing pier. Please make sure lengths are similar. That's all I've got, I will still need to go through the rest of the application once I receive the new drawings. Brooks R Surgan Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7270 office Brooks.surgan@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 RECEIVED DEC 21 Z016 DCM- MHD CITY RECEIVED DCM WILMINGTON. NC DEC 14 2016 SEG.1 O Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, North Carolina 28412 910.452.2711 (office)• 910.452.2899(fax) • Transmittal Letter Date: 11160/14 To: 13rt�1C�, �I lrQCLn Of: DCAY) J Attached you will find:* RECEIVED NOV s 0 2a ❑ Proposal ❑ Sketch(es) ❑ Pe it ❑ Wetland Map ElPhoto(s) El ID Package ElReport(s) Tans ❑ Information Request ❑ Other Copies S) �Ec Description aSµ40-U M FW 1111-7/14 Jbf7z. tiw n Ia a S g„ a „ I, y CG�i-mai I Grw.n Lk ��%ti 1� These are being delivered: ❑ For your Review/Comment []"C—orrected and Returned ❑ Other: *If noted items are NOT attached, please contact our office. ❑ For your Records ❑ For your Signature ❑ Returned for Correction(s) As Requested By: ® Hand Delivery ❑ Fed -Ex ❑ UPS ❑ Regular Mail ❑ Other X V LclLde l'C�Z(j c /fit cd-l�n� trr` Signature and (Typed) Nam /�T/IYi1"Q%li ECEIVED Date: 1 S 7iv 61-�� // /RECEIVED DEC $ i 201S DCMWILMINGTO VM. 1"'i-)r` ly NOV 3 0 2016 �r-61 5outke,o Lnvironmcntal Gro.p, Inc. 53 15 South College Koad, juite F Wilmington, North Carolina 28+12 910.+52.2711(office) 910.452.2899(fax) Date: 21 November 2016 To: Brooks Surgan Of: Division of Coastal Management Attached you will find:* Transmittal I p q NOY 21 2016 Proposal Sketch(es) ermit Ap licatfo JD Package Report(s) Plans Other RECEIVED DEC 21 2016 DCM- MHD CITY Signed Wetland Map Information Request Copies Description 1 Response to the DCM's Request for Additional Information - 706 Jacobs Creek 15 To scale copies of the plan and profile drawings of the proposed work. These are being delivered: or our Review/Commen Corrected and Returned Other: *If noted items are NOT attached, please contact our office. For your Records Returned for Correction(s) For your Signature As Requested By: and Delive Fed -Ex UPS Regular Mail Other Notes: Brooks, please feel free to call if you have any questions. 910.228.1841 S kald (Typed) Name: Dana A. Lutheran DCM WILMINdTON, NO NOV 21 2016 Date: 21 November 2016 f..&— ..r 5outbem Environmental Group) Inc- 3 5 13 rJouth Col6gc Road, 5uita E. • WAmingoon, NC 28+12 P6om:9 t a+32.27 i i • Few 9 i o.+32.2e99 • Emait ofiRccOxgWs 17 November 2016 Hand Delivery [SEGi Project ff: 11-015.011 NC Division of Coastal Management RECEIVED Mr. Brooks Surgan 127 Cardinal Drive Extension Wilmington, NC 28412 DEC 21 2016 Re: 706 Jacobs Creek Lane, Wilmington, NC n ^A _ nAn��y Response to the DCM's Notice of Incomplete CAMA Major De nt Pt' PA Ili.. ion Dear Brooks, With this correspondence, Southern Environmental Group, Inc. (SEGi) is submitting a response to the Division of Coastal Management's notification of incomplete application for the above referenced project, which requested the following information be submitted: 1. Signed and dated Agent Authorization Form showing Dana Lutheran (SEGi) as your agent. See Attachment 1. 2. On the MP-4 Form, must be signed and dated. As a result of changes to the proposed dock layout this form has been revised. Please see Attachment 2. 3. Must include return receipts. The Applicant obtained signed notification forms from both adjacent riparian property owners (see Attachment 3). 4. Please provide the original, or copies of the "signed certified mail receipts (Green cards) verifying that notice was provided to the two adjacent riparian property owners. Rules require that you provide the signed certified mail receipts along with your application. The proposed structure does not encroach into either of the adjacent riparian corridors. The adjacent riparian property owners have signed the notification forms (see Attachment 3). 5. Site plans and cross sections must be submitted to scale. See Attachment 4. 6. On the site plan, please locate and show the following: a. Include names of adjacent property owners. The information has been added to the plan view drawing (see Attachment 4). b. Width of waterbody appears to be 410'f. The actual distance is 4261. c. Width of waterbody is inconsistent. Site plan shows waterbody width of 426', whereas cross section shows 410'. This has been corrected on the profile drawing (see Attachment 4). d. Finger piers are 105' and appear to be inconsistent with the Y4 Width Rule for this waterbody of 102.5'. The layout has been revised so that no part of the proposed structure extends past the width of the water body line (see Attachment 4). e. Water depths around the docking facility relative to NLW must be a minimum of 18" in a Primary Nursing Area AEC. Landward facing side of the proposed float appears to show less than 18" and docking slip 5 shows water depth of 1.29 or 16 . Th E!6EUM has been DCM WILMINGTON, NC NOV 21 2016 Kesponse to DCM Notice of Incomplete Application 5E-Gi revised to reflect a fixed platform in the area where water depths are less than 18" at MLW (see Attachment 4). The Applicant has agreed to utilize "Sling" boat lifts with stops 4" x 6" timber stop to be situated at 18" above the substrate (see Attachment 5). As a result of the changes to the layout of the proposed docking structure, it was necessary to revise the Project Narrative (see Attachment 6). It SEGi's hope that the information found within and attached to this letter will be sufficient for the DCM to consider the application complete and the permit will be processed without delay. However, should you have questions or need further information, please call me at 910.228.1841. Thank you in advance for your time and assistance with this project. We look forward to hearing from you. Sincerely, Dana A. Lutheran SEGi Project Manager Enclosures (6) Also electronically submitted to Brooks.surean(a)ncdenr.¢ov RECEIVED DEC 21 2016 DCM- MHD CITY RECEIVED IDCM WILMINGTON. NC NOV 21 2016 Coastal Management ENVIRONMENTAL QUALITY October 10, 2016 John & Kathy Black 706 Jacobs Creek Lane Wilmington, NC 28409 RE: INCOMPLETE CAMA Major Development Permit Application PROJECT ADDRESS — 706 Jacobs Creek Lane, Wilmington, NC Dear Mr. & Mrs. Black PAT MCCRORY 6m•enun DONALD R. VAN DER VAART ?iervnap. BRAXTON DAVIS blret wr The Division of Coastal Management's Wilmington Regional office received a CAMA Major Permit application from Southern Environmental Group, hic. on October 5, 2016, requesting approval for development activities adjacent to your property located at 706 Jacobs Creek Lane in Wilmington, New Hanover County, NC. In reviewing your application, we had discovered that additional information is needed to complete the review process. Per the standard guidelines for a DCM Major Application (see attached), I am requesting that you submit the following information to this office: 1) Signed and dated Agent Authorization Form showing Dana Lutheran (SEGi) as your agent. 2) On the MP-4 Form, must be signed and dated. 3) Must include return receipts. 4) Please provide the original, or copies of the "signed certified mail receipts (Green cards) verifying that notice was provided to the two adjacent riparian property owners. Rules require that you provide the signed certified mail receipts along with your application. 5) Site plans and cross sections must be submitted to scale. 6) On the site plan, please locate and show the following: - Include names of adjacent property owners. - Width of waterbody appears to be 410'±. - Width of waterbody is inconsistent, site plan shows waterbody width of 426', whereas cross section shows 410'. - Finger piers are 105' and appear to be inconsistent with the ''/s Width Rule for this waterbody of 102.5'. - Water depths around the docking facility relative to NLW must be a minimum of 18" in a Primary Nursing Area AEC. Landward facing side of the proposed float appears to show less than 18" and docking slip 5 shows water depth of 1.29 or 16". Due to the amount of deficiencies in your application, it is being returned in its entirety. Once you have addressed all of the items mentioned above, you may re -submit the package for review. The fee check (#5959) for $400 has deposited for this application, if the applicant would like to resubmit an application the check can remain on file at this office. If the applicant would prefer a refund please notify the office. You may send the requested information to me direct at the below address. I would be happy to meet about the configuration of the proposed structures before your next submittal. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 RECEIVED DEC 21 ZD16 ®CM- MHp CITY John & Kathy Black Page Two October 10, 2016 In accordance with the Department of Environment and Natural Resources regulations, we note that the partial application, as received by DCM on October 5, 2016, is incomplete for processing. Upon resubmission of a complete application, a local decision will be made in 150 days, provided this period is not extended as provided by law. Please contact me at 910-796-7270 if you have any questions. Sin , &L—z Brooks Surgan Field Representative, NCDCM Cc: Dana Lutheran (SEGi) RECEIVED DEC 21 2016 DCM- MHD CITY Southern L.vwonmental Gro.r, I.e. 5 515 South College Road, Suit. F Wilmington,North Carolina 28412 910.452.271 I (office) 910.452.2899 (fax) Transmittal Date: 3 October 2016 To: Tara MacPherson / Sean Farrell Of: Division of Coastal Management Attached you will find:" Proposal Sketch(es) <iermitApplicatto JD Package Report(s) Plans Other Signed Wetland Map Information Request copies I Description RECEIV 1 CAMA Major Permit Application — 706 Jacobs Creek These are being delivered: or our Review/Comme Corrected and Returned Other: "If noted items are NOT attached, please contact our office. For your Records Returned for Correction(s) For your Signature As Requested By: and Delive Fed -Ex UPS Regular Mail Other Notes: Tara/Sean, please feel free to call if you have any questions. 910.228.1841 RE C Yf1fyd (Typed) Name: Dana A. Lutheran OCT 0 5 2016 '/ Date: 3 October 2016 DCM WECVED ILMINGTON, NO i - f 0 5 %ni( T STATE OF NORTH CAROLINA Department Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD DIVISION OF COASTAL MANAGEMENT DATE / TIME 12/07/2016, 1:30 pm- 2:30 pm NAME Dana Lutheran REPRESENTING SEGI PHONE 910452-2711 Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. CAMA Major Permits are issued out of the Morehead City District Office The COMPLETE file is in the Morehead Office and may contain additional information and/or comments which may not be in the WIRO file. 2. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available 3. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can be invoiced for Your convenience 5. FILES MUST BE KEPT INORDER YOU FOUND THEM. Files may not betaken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area 6. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME 1. Jacobs Creek (John & Catherine Black _4 2. Signature COPIES MADE PAID Date INVOICE /. `0 Time In COUNTY New Paro_x ED DEC41 2016 CM- M.HD CITY %OD Time Out t;:CAMA/Shaun/fomts NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Whiskey Creek / AIW W Fee: $400 /#5959 CDAITS MHC cc _ Applicant: John and Kathy Black Agent/Contractor: Southern Environmental Group, Inc. do Dana Lutheran Project Site County: New Hanover Staff: District: Wilmington Project Name: Black Docking Facility Replacement Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 10-5.16 kSubewt ii - (b Date application "received as complete" in the Field office: 12 I y f 16 SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes No I PNA: AYes ❑No Photos Taken: Yes ❑ No Setback Required (riparian): []Yes JXNo Critical Habitat: ❑Yes KNo LJNot Sure 15 foot waiver obtained: ❑Yes ONO Hazard Notificabo Retumed: []Yes LINO SAV: ❑Yes ANo ❑Not Sure Shell Bottom: []Yes No ❑ Not Temporary Impacts: ❑Yes ANO Sure Sandbags: ❑Yes o ❑ Not Sure Did the land use c sification come from LUP: []No❑Yes Mitigatio equired (optional): ANo county WYes Moratorium Conditions: Environ ntal Assessment Done: Length of Shoreline: ❑Yes gNo ❑NA Dyesro ❑NA 53 q FT Shellfish Are ignafion: Project Description: (code) Development Area: (code) Open - r- Closed O ' Z EU I TIT SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) El High Quality Waters (HQW) El 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) El (DS) Salt or spike grass (Distichlis Sci) 0 (SC) Bullrush or three square (rpus ❑ (T1' Caftal(jypj� `P*? D spicata) Sp.) REGC ��/ G (JR) Black needlerush (Juncus ❑ (SP) SalUmeadow, grass (Spartina roemerianus) patens) DEC 21 2016 APPLICATION FEE .... neun rITY ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ I p c or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 Cl Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - II. Public or commercial/no 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 DWQ agreement - $400 John & Kathy Black Date: 10-5-16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One P New Work Replace -lyx IWO R� R Maint ❑ ❑ Y K N y^ I New Work Maint ❑ Replace ElY C�N ( if `O , © 1 New Work Replace yy �J,S k( 2cbo Maint El ❑Y I�rN •5 I �1 New Work Maint❑ Replace ❑Y gN i New Work Maint ❑ Replace Ely N N 1� + + -1 X Z PS New Work Replace Maint ❑ ❑ Y X N New Work Replace + r I y A N Maint ❑ ❑ Y j'N t New Work Replace L Maint ❑ ❑ Y X N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tempQ impacts) ads impact aact amount tempimpacts) amount L tv\ Dredge ❑ Fill ❑ Both ❑ Other ou 4% `QCJi ODredge ❑ Fill ❑ Both ❑ Other ❑ 1 �0 I �G Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ .0 Dredge ❑ Fill ❑ Both ❑ U Dredge ❑ Fill ❑ Both ❑ Pmr Q\r IWAI ti Dredge ❑ Fill ❑ Both 144er Dredge ❑ Fill ❑ Both L` Ater E r U Q 919-733-2293::1-888.4RC0AST:: www.nceo staimanaaement.net revised: 10/12/06 �/j MAJOR PERMIT FEE SCHEDULE 706 Jacobs Creek Lane/$400, CK #5959 /New Hanover Co =DevelopmentT DCM % DWQ % a Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: r $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C. or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3900 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3900 see attached cannot be applied. $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40%($190) RECEIVED DEC 2I 2016 DCM- MHD CITY DENRCAMADaiI Check Lo for WIRO Date Received Date De osffld Check From Name Name of Permit Holder Vendor Check Number Check amount Permit Number/Commenta Receipt or RefunC/Reallocated 1 g5rz016 A IacS 8 K P Black c"n 8 da:C 9iacR SunTns: 5959 $4— COI ma' fee IW 'awbs GreeK LareWI.T^H i M rct 2855D W U > N 0 LU N U U LLI C 1 � U vc' LOCATION MAP IqI STORMWATER MANAGEMENT PLAN APPROVED CITY OF WILMINGTON ENGINEERING DEPARTMENT DATE PERMIT# SIGNED A Nm3MFt... All 1pL. 6Af,eEp. FC3 W.WMRI.w YCI(I: AM{ E'YmK M9w KO Ik64O 16.•XrtN R➢MilEYil«I Rl(X Y9 YTM4 M]r W NfGdE R II(RW NI. RY �/«HSmmli] N N�HM6 MLY4.'AC'44 el YlplvMWS)xAPwiOPWP94 mMli: K[AITWrr ]I46k9t �A A wn on vzan rs Hnec Jw uw rew an HAmr slag mnKr aW-,o-� wr a mwJ ] dAlVAlCM AIIIIIYAOtliHllNerLY/R.YSHIMJr96H05AL91MRVIS NIRR Wl15 L 9//A4L OYKTM Ntl NIW4D SrRL a MQ «l1� AH /SWm N flM P OtY M �an aT mH ss. we a mr.N«ssw Nku A«Tswl.N«.w a«l,s.r mrnwousx xm m«n.v/vrrmr 1 O9Rl H IIE NSO®I,. R RE 9m14A 10 ALI NW4 SIarX4f 5961r«( N2HCI06 xtsYr{➢ NII DE A21Ybr1NOA1Q wM Vf RLYt4 mkW�Al RVXI>]«WM KAV.wYYlr µkrRM(a,pRK 5 �IN1f W4 q �aHH m mIRC1111M M OII AIS,NL IH S1ai 9JR 44 M.9RI2F 9WL v.1r M LRI e6INUY r/w R4P[tN)[%GANI®NORVaS C21WM6rRYI440.W 5raixy(.yY gNOID SiA[r I46 NSIH kw.•AD M], mMrWX MI tl StH,NY[ RK Q WL RNPC EVJIL}C Ai JII-AN l«ll,-(fA"IR.S IIG N AM QGMHII N e[ P'I H l.. �� swnM ms:��wlit� NmaW drFS aMY IwtY H I@L SH.IR ek'Rt GgEl. MY154k1 mwa u Y TA.k']Il .ate mlWk� sac Aw wesas ar rcmn R u.n m H.«n4ry e. x Ixmn o.0 x+®c..�.m II.ILL vk0%nNL W1aS NO VIf AM6 All K vpM 4U 9WL Al V,6 R Kmit]eM.m Rx on 4o Mor5EYawt mart M¢ «m x%INKSGIwwI4Yvs umnlMm uAV aVi[ 4nr su-lo roeAVIE nar.YL waC mw rAHlr6 kn eaMEv, kS swrnakk � KL7 AY YMI IDI, RYOE 9W, NT NWLZ I« OfM'B/4 AMI II6 MI I<- iV NNRONZ TAL NOTES I, w LW «J'11f8M24lEMIP MHF II[ hSPMW IYIS H �III6WRIIX 9r£IM«IpFMS aTJA «W N1, 4 NIL6M. m R NW /$F R1I0.1®' w IQIIM4ffM61RRIpM1 5 i w!r ar wr o � ArvN� R a�rlE�ilH �� WATER & SEWER USAGE NOTES: .... e w vaooYa wa rs.H l,am w .Ana., amYv �uuH um w J HII[O411AV0 = rAR W FIRE & LIFE SAFETY NOTES: I. rKw.Y.cRv.,eac wWr naRr rYH NK Ynwrswmx Anacw wHsuuHNnAra AwIO mrNx�iu v�u YHw.�urx�r rn KRs w ¢aimaa m,Ro Al.w nNswN m4NKvt ] rMA3RIW iR RK K41 L RV,ITD NO ISeCiIDT K aM16 /YEIGr M HPi1Wl RW KMRTII w w W of B..r« aw+Kr x rrbrw ]x mAJ.arvAw R Rr AlW HrsYm a To- YrRA m a ��K.�n<�,.r.]Wal..«YSW.aleKbrml.,.a J a NR]«MkY iWNu«N rs r�9 PAA W bl w X.ML Id(J w IRCg3 Hla RAWee. l MaYH[NS 4YHe0 FIMF Rw WRiPiL flf C9(kOSSi J RC OROAS 4Y H M MMR MAY rO r AY .1 IAXIIRWI e HHzuuum nr xmrwrs «5r H auknaw mm W Imswr mav:v woks ab �r oars UTILITY NOTES: r LwWram w�`.elmen aNiwbi«n uinmmms.azin uu JA+arourownviIX `�]) E f KOIIP.CIW R9Y3 YIW MWb'RM1'IAKM A'4L ,9f]«KN.NQ IP MS 5!P.Z ua Ylai,Rl4 TH(.� pew aY NRRw Hnw �R wmK« J 4E NtlA4 M1W 9f4T N0 Mr M..11GY SIJNR 9IflmTORN MRA Wkl M1K.1 BMlLAIR'kMM' �rcAAV` sKnwv.YOAA,A, A,V R a> me A. a /31nKwru.44A.¢T Aa NO�xR6 Aa maYwID .w rW Ip YVAaa m{RKIR/VL2 PL fNIH rC4M kW 5'iRNRD N.IE B "'NN b R14C PE ISkAIm IE5NH Y�HiW maim MwM1�A♦LAd �I rrMVRJIM3 KL1f®E.1r 4E RE xIRM5 NO i rrw«m.w pee.0 wrrs ..ws xW ar'r�x awn KYY 'Pi�esw�o. �ivlm� suu ..a ww cros-mearu na.aars.M ] ..I[G MIJ ICTi !IP YN' 0.fBS WF J4RM 41R RAfN M 41YE H � KM 1M MMM' N RMv w iPmY DM.�9.: e !w HYvmw IArH Acmalm w�K. wee_YY,s w+A wvmsmmaNw A! AVNn aalwmY MH0 FRAHO PN1FM 40 tNY gWMt 6Vm 2 \EARIW IlOka/lA1=LY 6• y � ENCLAVE DRIVE PROPOSm 34 ACCESS/ IlILITY EASEMENT STREET CROSS SECTION �__— Dr51AC 6L'MOMY -- axrta»xaawrr wr _ Mac (O.0 R NfVAiRYI -ss rnsmvc uRrNrr M. d YAVY.YF -LYI Wnq '17N E o (p$)Nrs H"AVr Nsn16 5ma mAN e wm=mn,awN i AN«nlE Hmwr • 10,G2 Y&If . wwanH —w—RUINwRA; — ARe:"IwIX — — — Wm wHSnNRCAY W W rtY.«106 IX, nERSi aA0 N flEWN p-�-�-7 IX KQS MUD N � FObrfn V'i.tS.t it 1 rsre..uaa an .mnaY fw ®Ci cpm ualty W of C.y 9rcrs a f325 p.rmil Sc b.r.�u'aetlh= N. Wpnwla wapvcy a�r Oml¢l a¢kplirq 1 `, I I #I • - iI 4J �t I.L3 Fes, 0 i O Daf1AK NK xrcNNrr tccum Amuuumr� j -. i&nNWN RAY NIFAS[CMI6aC wY n,N � fII51NL MA r wm VAN *1 ' q' /Gd T AfeSMb ,IA wiFn YAN 'Sf /e `lW.. N.aF 6' Wn «NV 81YASWi IPoMYYf ' F9T ief NrRGxl A531HY 6 A «sari IIIN«,f GENERAL NOTES, r A 9IXl iCAVBF e � klWY.er � v® xkEa: iN6 Wlif�T 2 MK flYEC, YFk YR9pFT 4fkt)Kl R Klla/Q1/Y6 J��w�W'IH.'i�1�5 Kn wiK RHur aPme] 'Al'Aw ADKYJ 0.W .lHx,�aJ,.m WpA, >. Wrs,wb arz /� Ttl NbrS Lm IAK .d.Yw4 KTS Gbd1 m'IXI.IK WR' e emr'..aaT o.fK • I.rn K ` lwMN119F MO N64MS SYHI�1 54 M4 WIK 91L 4G • I21T 4 (el]K) rl�N4 • NNNm- ElY star Ay A4xLLr G1E- R99(Q}Cf 91R w.ww-aNHfaH KJ Sa- mrnr Au r]TNs/DY/1H fRwll Ra.IDYl1w4• IX IOL ASNHZHap K) 1GIWi• nro,. arN r- WIAA K) IX amwlar - trgnw Hr H(ar Kl &r AIWWbIOIr. nlrrfaro KJ rant- mum,' IAU ¢A�wmwrml• ry +aulrom wtwz• rm s mw�Amn�i«,sn w�wz Hnr1 A4 - seW HpRAy mR- mfd,nR,L, �¢KzssNW ar,Nz. msfar 4J wHzmmaur,• wrnr, KJ ¢aeKrr wlmf- ,Arrnr Ay ¢ Ww96 WAIF,Mra]] Ar s(0@Cf WIK- ko"I'maC) f rmns VII amH/YnmH Nwaecwlx A.W� ]RBIY«aN® IYOL KG RIDY lal WHM2 IIP/ 4 /FLIT 4 WHL u5- J R In aRf-rKaYno6 r mtwl RWrx�rnk¢�vl•�m-kl®Y(eM K) KG wWp'6«SM19Ye•SyT OOr IDMt 9f H Z� 1 wn k n Yac AW v.mcwaAT w AaAs m mr.Nb N.rN AH W H[, WiID mwwJ L vroaNvo °,m a..is maul`.w®Al AOKLep' 5 VEHICLE TURNAROUND NOT TO SCA(F Aoorm,ed Construction Plan 9 ENGINEERING [KFNSE / C-1)JO EKAn PUNNms zwNJrnA2 /x/mrxnv. r1rWYW I/R A.YL 1'-O 162 A.YC N% TrMAc WARN BY. dV C.xECNtD aH HI F. PRQECl Ne: i}e,HJg Ie A 1a IP 3>7 ,!' E N iECT I•_ q