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HomeMy WebLinkAbout71-17 Bullard, JamesPermit Class NEW Permit Number 71-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vamit RECEIVED JUN 12 2017 for DCM- MHD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to James L. Bullard, 3600 S. College Road, Suite D, Wilmington, NC 28412 Authorizing development in New Hanover County at Shandy Point Basin/Masonboro Sound, 113 Windlass Drive, Wilmington , as requested in the permittee's application dated 3/22/17, including the attached workplan drawings (7), as referenced in Condition No. 1 below. This permit, issued on June 7, 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 permit to be null and VOIu. Dockina Facility 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (7), 1 of 7 dated 2/20/17, 2 of 7 dated 2/16/17, 3 of 7 dated 1/20/17, 4 of 7 dated 2/6/17, 5 of 7 dated 2/8/17, 6 of 7 dated Received DCM Wilmington 3/23/17, and 7 of 7 dated 3/7/17. 2) Unless specifically altered herein, this permit authorizes the docks, piers, platforms 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 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. (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. F T 2 Braxton . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee James L. Bullard Permit No. 71-17 Page 2 of 5 ADDITIONAL CONDITIONS 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the 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. 4) 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. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) 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. 7) The new 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) This permit authorizes a maximum of 6 formalized boat slips in association with the docking facilities. Bulkhead & Riprap 9) The bulkhead shall be constructed immediately waterward of the existing bulkhead and shall in no case extend more than 2 feet waterward of the existing bulkhead at any point along its alignment at the time of construction. 10) The bulkhead shall be constructed prior to any backfilling activities. 11) The bulkhead shall be structurally tight so as to prevent seepage of backfrll materials through the structure. 12) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 13) The riprap shall be installed immediately landward of the existing bulkhead, as depicted on the attached workplan drawings. 14) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 15) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl or broken concrete. f James L. Bullard Pe Pall- A- 7ED 16) 17) 18) ADDITIONAL CONDITIONS No backfrll material shall be placed within 30 feet of the normal high water line, be used to backftll the area behind the permitted bulkhead. JUN 12 2017 The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. All backfill material shall be clean and free of any pollutants except in trace quantities. Excavation 19) In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and September 30 of any year without prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers, in consultation with appropriate resource agencies. 20) Excavation shall not exceed -7 feet below normal low water. In no case shall the depth of excavation exceed the depth of the connecting waters. 21) No vegetated wetlands shall be excavated or filled. No excavation shall take place within 15' of any Coastal Wetlands. 22) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. 23) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 24) No spoil material shall be placed within 30 feet of the normal high water line. 25) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 26) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Sedimentation and Erosion Control 27) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 28) 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. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. James L. Bullard Permit No. 71-17 Page 4 of 5 ADDITIONAL CONDITIONS Maintenance Clause 29) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated'amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the pemuttee's signature shown anew on the original plan. U.S. Army CorDS of Engineers Conditions 30) Best management practices identified as field -marking existing oyster reefs and shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 31) A 15' dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh vegetation shall be instituted. The 15' offset shall be extended along the entire extent of the new bulkhead structure. 32) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the State of North Carolina. 33) Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 34) The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety. James L. Bullard Permit No. 71-17 i2ampFZ I'VE D ADDITIONAL CONDITIONS JUN 12 2017 35) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of t6 QA4ecMHDtGffaXner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 36) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 37) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre - project condition. General 38) 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. 39) The permittee and/or his or her contractor shall meet with a representative of the Division and the US Army Corps of Engineers prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 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: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 2017-0455. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2017-00778. NOTE: An application processing fee of $250 was received by DCM for this project. I Division of Coastal Management RECEIVED Applicant: JApplication Processing Notes (a. S L-Vivvt- Type (check all that apply) NEW ✓ MAJOR MOD MINOR MOD RENEWAL _TRANSFER h 1 Permit Coordinator: Ca« kS Field Representative: C ' 'JP e c"r5 Datefrime Message JUN 12 2017 D CITY S/W/(7 S�cc�e io 6A) G - 611, LA �,es?VR Atk I w' �°( �`� No tv�cut 5;fol) 00 L' Vvff `- la/S/� rc c'd Itt.eS rcyt/,; c -6-T, w Vic T�ic„r's pk f t; , CS � V, a C Mom, DCM MP-1 tN APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Lynn MI Last Name Bullard Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 3600-South College Rd, Ste D PO Box City Wilmigton State NC ZIP 28412 Country USA Phone No. 910 - 791- 6028 aid. FAX No. - - Street Address (if different fomabove) 113 Windlass Dr City Wilmington State NC ZIP 28409- Email 2. Agent/Contractor Information Business Name Carolina Marine Construction, Inc NpR 0 W7 Agent/ Contractor 1: First Name MI Last Name Michael B. Conard C�T Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 6400-8 Carolina Beach Rd #212 Wilmington NC ZIP Phone No. 1 Phone No. 2 28412 910 - 470 - 6610 ext. 910 - 793 - 4143 ext. FAX No. Contractor # 58629 Street Address (if different hom above) City State ZIP 4925 Red Heart Dr Wilmington NC 28412- Email carolinamadneconstruction@charter.net <Form continues on back> RECEIVED DCM WILMINGTON, NO 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.n VAR 2 3 2017 Form DCM MP-1 (Page 2 of 4) APPLICATION for sZ Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 113 Windlass Ori,/y Subdivision Name City State Zip Wilmington NC 28409 - Phone No. Lot No.(s) (tl many, attach additional page with list) 910 - 791 - 6028 ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Greenville Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade []Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Residential 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 38T +/- 2000 ft 8-12 acres /353,707.2 sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) +5' ®NHW or ❑NWL e. Vegetation on tract Grass, shrubs, small trees f. Man-made features and uses now on tract RECEIVED Existing house, 8' x 20' stationary pier, 5' x 48', 5' x 29, 8' x 29 floating dock APR 0 6 2017 g. Identify and describe the existing land uses ad6acen to the proposed project site. DCM- M H D CITY Boat slips and docking facilities h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance cer ifaate, if applicable) []Yes []No ®NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC 252.808.2808 .. 1-888.4RCOAST .. www.nccoastalmanagement.nel f\ k'+ :UI/ Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes SNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. CFPUA o. Describe existing drinking water supply source. CFPUA p. Describe existing stone water management or treatment systems. Surface Run-off 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublidGovemment SPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Allow access and dockage for recreational boating, sailing, fishing and kayaking. 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. Standard marine construction trade practices will be used for construction. Equipment will consist of a barge mounted excavator, tug, mini excavator and bobcat skid steer loaders. d. List all development activities you propose. Remove existing V x 20' and 8' x 28' floating dock. Relocate existing 5" x 46' floating dock. Construct 6' x 189 of new floating dock, 6 x 10' stationary access with ramp. (14) 10" Dock piles. Mechanically dredge approximately 711 cubic yards of material and place on high ground. Construct 20T of new bulkhead in front of existing and install 12Y of rip rap shore stabilization along east bank. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 6400 dredge area 4000 spoil area SSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes SNo ❑NA that the public has established use of? RECEIVE h. Describe location and type of existing and proposed discharges to waters of the state. Surface run-off APR 0 6 2017 I. Will wastewater or stormwater be discharged into a wetland? []Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water! ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes SNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> LaJ IOWA RECEIVED DCM WILMINGTON, NO 252-808-2808 .. 1.888.4RCOA5T .. www.nccoastalmanagement.neMAR 2 3 2017 Form DCM MP-1 (Page 4 of 4) APPLICATION for lb�" Major Development Permit & Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties - a. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Richard & Tamara Pasin Phone No. 910-392-1348 Address 109 Windlass Or Wilmington, NC 29409 Name Patricia Brassfield Phone No. 910-350-0145 Address 148 Skystasail Or Wilmington, NC 28409 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. h. Signed consultant or agent authorization form, 9 applicable. I. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). H 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. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful t the st of my owledge. Date 3 ( 77-7 /:7 Print Name Signature RECEIVED Please indicate application attachments pertaining to your proposed project. APR U 6 2017 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development DCM- M H D CITY ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NO 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.ne 2 3 2017 0 Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 160' avg Width 40' avg Avg. Existing 4 avg NA NA Depth Final Project T avg NA NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. sand 711 cubic yards c. (i) Does the area to be excavated include coastal wetlands/marsh d. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: maintain adequate depths for docks and vessels High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. on site c. (i) Do you claim title to disposal area? ®Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: Spoil is to be used as badfill behind new bulkhead after dewatering. Remaining will be used to build up high ground for storm protection. tfr rAM41 d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? Shinn Point Spoil Island f. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (ii) If yes, how much water area is affected? RECEIVED APR 0 6 2017 DCM RECEIVED NO DCM- MHD CITY MAR 2 3 2017 252.808.2808 :: 1-888-4RCOAST :: www._n_ccoastalmanagement_net revised: 12126/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) M, 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP4 — Structures) a. Tvoe of shoreline stabilization: b. Length: 206' ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: 1' c. Average distance waterward of NHW or NWL: 2' d. Maximum distance waterward of NHW or NWL. 2' e. Type of stabilization material: wood bulkhead g. Number of square feet of fill to be placed below water level. Bulkhead backfill 414 Riprap Breakwater/Sill Other i. Source of fill material. Dredge f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ONO ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. sand badfill 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ®No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAv), snen bottom (srs7, or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas: 15. GENERAL a. How will excavated or fill material be keot on site and erosion b. What tvce of construction eauioment will be used (e.a.. draoline. controlled? New bulkhead, grass ground cover, sift fence c. (i) Will navigational aids be required as a result of the project? d. ❑Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. backhoe, or hydraulic dredge)? Excavator mounted on barge with bin walls and bobcat skid steer loaders () Will wetlands be crossed in transporting equipment to project site? ❑Yes ENO []NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 117 Date I ZZ APR 06 ZOTT ApPIiceM Name QC+ —MT - ig r rur c U ■ ■ r r� If� cant Signature Project Name DCM WILMINGTON. NO MAR 2 3 2017 252-808-2808 :: 1-888-4RCOAST :: www.nccoastabmanagement.net revised: 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PublicJGovemment ®Private/Community []This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (it) Number 4 If yes: (III) Length 26,49, 75'. 40' (it) Number (iv) Width 6' (iii) Length (v) Floating ®Yes ❑No (iv) Width (v) Floating []Yes []No e. (I) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? []Yes ®No If yes: If yes: (ii) Number u (ii) Number (III) Length 10' (iii) Length (iv) Width 6' (iv) Width (v) Floating ®Yes []No Note: Roofed areas are calculated from dnpline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 6 ❑ Full service, including travel lift and/or rail, repair or (ti) Number of slips existing maintenance service 4 ❑ Dockage, fuel, and marine supplies ® Dockage (Wet slips) only, number of slips: 6 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel ®Open water; dredging for basin and/or channel charter boats, sail boats, mixed types). mix: fishing, sailino& recreational REC EN ED []Open water; no dredging required ❑Other; please describe: APR 0 6 Z017 MHD CITY DCM- k. Typical boat length: 30'-40' I. (i) Will the facility be open to the general public? ❑Yes ®No m. (i) Will the facility have tie pilings? ❑Yes ®No (it) If yes number of tie pilings? RECEIVED DCM WILMINGTON, NO 252-808.2808:: 1-8aa-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACIUTY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (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 marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? DCM- M H D CITY m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No RECEIVED DCM WILMINGTON, NO MAP 2 &291? 252.808-2808 :: 1-888-4RCOAST :: www.nccoastal manage ment.net revised: 12/27/06 Form DCM MP-4 (structures, Page 3 of a) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marinaidocking facility proposed within or adjacent to coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse stmcture(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheelpile, 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 or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercal ❑PublicIGovemment ❑Private/Community Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED APR 0 6 2017 V" DCM- MHD CITY RECEIVED DCM WILMINGTON, NO MAR $ 3 2017 252-808-2808 :: 1.888-4RCOAST :: www.nccoastah t.net revised: 12/27106 Form DCM MP-4 (structures, Page 4 of 4) (ry a. Proximity of structure(s) to adjacent riparian property lines 20'+, 200'+ Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 195' - 315' e. () 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. b. Proximity of structure(s) to adjacent docking facilities. 30' +/- d. Water depth at waterward end of structure at NLW or NWL 3 +/- avg mlw & OTHER ❑This section not applicable a. Give complete description: We are proposing to remove the existing 5' x 20' and 8' x 28' floating docks and dispose of. The other existing 5' x 46 dock will be relocated approximately 15'-20' away from property line. New 6' x 25', 6' x 40', 6' x 75' and 6' x 40' floating docks are proposed along with a new 6' x 19 stationary access. The docks are to run parallel to new proposed 20T bulkhead that is 2' max in front of existing wall. New docking facility will allow for easier and more secure dockage. We are also proposing to replace 207' of bulkhead. The new wall is proposed 2' in front of existing wall. Approximately 120' of shore rip rap is to be installed along eastern part of property to prevent further erosion during extreme tides and storms. T! Date -z 'd"'1 Project Name I Applicant Na e Applicant Signature - RECEIVED APR 0 6 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAR 2 3 2017 252-808-2808 :: 1-888.4RCOAST :: w .nccoastalmanagement.net revised: 12/27106 DCT-10-2012 07:33A FRDM:F&S MRRINE 9102563052' TD:4520323 ?.1 o W I TOP OF OLD IRON PIPE (OIP) ELEVATION 6.40' (NAVD 88) h It' Comm MGM OIP A I �f S 61-2e•22• E 53.4i' A%✓ ,. 12 e�.odccl �/ kx wood wort ( I ALUMNLW tour ulNI CH Ex e4hb tc+cx -4.5 \ -2.8 i -fi. i EL -7-4 x i x -5.4 M I 7.1 \ I v -7.2xl I -s.fi HIGH WATER IS AT THE x 6.1 -7.1 x-5.2 FACE OF THE BULKHEAD 1y 88j x-7.2 I ELEVATION 1,46' (NAND I I 2x X-4.5 c y X-7.41 jjj( M II .4x it WOOS BULKHEAD LED I I I = -38 X-7.4 x -7.6 �4 -7.s1 x I x-7.5 X -7.6 I X -7.4 x -6.9 X-59 .�% END UN-crrr I I I I I x-7.3 I I I ✓ �4 rp�a5�d I I tVeu'7/I �� x-7.5 X-7.6>>�ti Xr7.6 X-7.5 I x-7.5 6n" Z 4 wukf,,+ �61 ' ; END g WOOD BU 3 I g - .5 x -0.0 --� RECEIVEDx-4.7 = W APR 0 6 2017 x176 W I HI 1 �+ I I crL 929.04 30 WESTERLY 1 � I i x-7J I DCM- MHD CIl"Y-9 W T1AkHd'rru=ilkt Q. x-ao X-79 GTON, J ` _ 2017 1 /% �i� Ad/yV ZCi / .JOGS Ks��✓�t d- �b(�IOvS �.' �%T�U� �� � N� DCT-10,-2012 07:33R FRO?1:F&S MARINE 9102563052 TO:4520323 P.1 � Z uuwunw�n. d �.I TOP OF OLD IRON PIPE (01P) fti .8 ELEVATION 6.40' (NAVD 88) 8L 1 7 3 (� m O,P fl° S 61'28•22• X qo A+ryy y 3v W00a wwP I y 7 lgtw ALOMN IN No 1 N741P -5.1 YA I -5.5X 7.J -2.8x '� \si -7�7.2x r3M X eo I (701 g Ko i I W PF , 3 x-6.6 HIGH WATER 15 AT THE _ 7.2x-S ; ACE OF THE BULKHEAD �y ATION 1.46' (HAYD ) _71 88 3�L 3 - L I -7.2x k�f.s s y if Noon WKWA LED X-7.4x ,Lq - RECEI s -7.8 4"i .i APR 0 6 I - x .N x-7.4 - y I I � s� D M- MH x I x-751 X -7 7.4 -62 ?• ! `" ENDON x- �^LO r xr7.6 I - 1 X-73 \ I ov4L fa END g WOOD 90 ��✓ _. X-o.o I�rn y y IIML4% 1` W 929.04 d0 WESTEV 1 -is I I I 1174.66' TO TRi. LII� —1 Mpoj - 1MUw - 7AM L✓ N TON, NC Sic 1'�c?i� ' ✓—o(�n r�d�S �'vn�uc 7117 MAR B 3 2017 Zlas�l/7 �zv .uPi hcfi+�� gr>-r1 �- /v Any r s� uA(l'r-1 (�( ctoy s t LL) — I I fc L',i K ' H DPE Conhhu4c0 Pu4 utlf 2Ifle40 -jkcV-15 z1'x4't Dt z e,,N9 OVcr (nca� 7,,,1b / duck w 7.'jc 6", f f i fljtj f � _ iied ✓yr� CONY/ri 1 �a z "WQel �` l7 Ztt lb" ?jt xla APR 0 6 2017 o � RECEIVED DCM- MHDD `MINGTON,NO MAR 2 3�2 17 / 17 I/ LlIvi2 L �f216 r+riw MH ('ViON -1) rpmo� o1 °(n W- I cli °.grjc" rnolo� --� i Wt41 h i VITA CIT � v _ o � m m1411:&1� eu Z m -� 0 � m -� v ZO z 0 j3� (I krc! �P(v lx& p _� LLJ = U 0 s►ar✓ v,�►d U o g nib kxrsi-►��''tk4�ca� � Q o But ill ao d p�3}rv� tZh'"P SsX �t�� Q 6-00(r,l,� r-4-&1' T vitria 301' (0� auG1WO' 16o', ►-to`, 3` `" -11l f- U Z 1yu�z 0ujg N M' Wm �3 Q C�Rr�n[J1 Q � XL W 1, t of, 7 'L1Ik4 t- 1D'cAyG- Frone 4 ccJ IJ IIYL r' I.,L.'us Vrov. M, id' or, cent/ I'rot4, penckrhl ) Sic Utcu1 sly„ T,( Ue Rod z'fv"s<<O41,.y ,V;r W, ?,Ct rZgC4-s mow RECEIVED APR 0 6 2017 DCM- MHD CITY 1p &X-J nod �,,1k1 c�c1 mkA W �xig-F,� 'l�oklaw. I ho x Ae-2 t AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: — Lynn -RA" Mailing Address: 3600 `iLc((e3{ A) S 1k l) j1C ais�1� Phone Number: Email Address: I certify that I have authorized (Yh can oy" I / f 1 11� y �'� t� / 1� _ W,N-,n �✓7i,r ur Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits r necessary for the following proposed development: - , I y )I r u „ I ,, j at my property located at I I lam, H; c l7 in A( ,j h1 r wg-cr County. l furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Intomtation: L� ignature Print or Type Name - , Title _ 3 1_ 1 1 Lolry Date This certification is valid through 1 � 1 31 1 17 RECEIVED APR 0 6 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO MAR 2 3 2017 kr_' DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Lynn Bullard 2. LOCATION OF PROJECT SITE: 113 Windlass Drive adjacent to the Shandy Point boat basin which is contiguous with Masonboro Sound, in the City of Wilmington, New Hanover County. Photo Index - 2006: 22-7423 K-14 Lat: 34°12'11.75"N Long: 77°49'30.30"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/9/17 Was Applicant Present - Yes (agent) 5. PROCESSING PROCEDURE: Application Received - 3/23/17 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - City Of Wilmington / New Hanover County 2006 Land Classification From LUP - Residential (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal sewer Planned - N/A (F) Type of Structures: Existing - Private 5-slip docking facility Planned -Private 6-slip docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh Low marsh (B) Non -Vegetated Wetlands 6400 sq. ft. 442 sq. ft. 1140 sq. ft. Open Water incorporated (C) Other 760 sq. ft. 4,120 sq. ft. uplands disturbed (D) Total Area Disturbed: 12,402 square feet (0.28 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to reconfigure and expand the existing private �jpr��ofgt, D maintenance excavation, and install a new bulkhead and riprap. �-( t �I �V/ tt Lynn Bullard APR 0 6 2017 DCM- MHD CITY 0 Page Two 9. PROJECT DESCRIPTION The project site consists of a water access lot located at 113 Windlass Drive adjacent to the Shandy Point boat basin which is contiguous with Masonboro Sound, in the City of Wilmington, New Hanover County. The project site can be located from NC HWY 17 (Market Street) and NC HWY 74/76 (Eastwood Road) by traveling east on Eastwood Road to Military Cut-off. At Military Cut -Off travel south, turning left onto Greenville Loop Road. Proceed approximately 0.3 miles, turning left on Greenville Sound Road. At the end of Greenville Sound Road turn Right onto Shandy Avenue. Turn immediately left onto Skystasail Drive and at the end of Skystasail turn right onto Windlass Drive. The project site will be located on the left side of the road at the end of Windlass Drive adjacent to the Shandy Point boat basin. The project site is approximately 8-12 acres and the average elevation is approximately 5' above normal high water (NHW). High ground vegetation on the project site consists of lawn grasses, shrubs, and small trees. The shoreline of the property has been stabilized with a timber bulkhead that is failing. No Coastal Wetlands are present immediately water ward of the bulkhead. There is a retaining wall along the eastern edge of the property with coastal wetlands immediately waterward. At the southernmost tip of the property there is existing riprap between the end of the bulkhead and beginning of the retaining wall. Existing man-made features on the project site consist of a fixed platform measuring approximately 22' long by 6' in width. An existing floating dock is oriented in a U formation with one arm measuring approximately 5' wide by 20' in length and the other arm measuring approximately 5' wide by 45' in length. These two arms are connected by a portion of floating dock measuring approximately 8' wide by 28' in length. The entire floating structure is connected to the fixed platform by an access ramp. The existing docking facility provides mooring for five (5) vessels. Water depths in the project area vary from -1.5' to -7' at normal low water (NLW). The Shandy Point boat basin was originally permitted through State permit #127-79 and maintenance excavation was authorized through State permit #257-84. The adjacent property to the west is a water access lot with a similar platform and floating dock. The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. There are two (2) known archaeological sites within approximately 1 mile of the project site. The waters of the AIWW are classified SA �ii es.D Water Resources and ARE designated as a Primary Nursery Area (PNA) by the N.C. Divisio They are CLOSED to the harvest of shellfish. APR 0 6 Z017 PROPOSED PROJECT: The applicant proposes to reconfigure and expand the existing private docking, perforr��(�+�rhfh`dlrSfAna'rTfeiD CITY excavation, and install a new bulkhead and riprap. A new 206' timber bulkhead would be installed 2' waterward of the existing failing bulkhead and backfilled with sand. Riprap would be added to the area on the eastern edge of the property where there is currently a retaining wall. The riprap would be placed on high ground in a 2:1 slope until it reaches the southernmost tip of the property where riprap would be placed on top of existing concrete riprap material which is partially below normal water level. No wetlands would be impacted by the bulkhead or placement of riprap material. As proposed, the applicant would remove the existing 8' by 28' and 5' by 20' sections of floating dock, and relocate the existing 5' by 45' floating dock to the center of the existing access ramp. As proposed, the relocated floating dock would provide mooring for two (2) vessels. A small triangular section of platform would be added to the eastern edge of the existing platform to provide improved access. From that triangular section an access ramp would lead to four consecutive sections of floating dock running along the bulkhead alignment measuring approximately 6' wide by 25' in length, 6' wide by 40' in length, 6' wide by 75' in length, and 6' wide by 40' in length. As proposed these floating docks would provide mooring for an additional four (4) vessels. An Aa/ Lynn Bullard Page Three additional access pier measuring 6' in width by 10' in length with an access ramp located near the southern tip of the property would provide additional access from land to the southern portion of the floating docks. As proposed the docking facility would extend approximately 40' into the boat basin. The width of the boat basin at the most restrictive point in the project area is approximately 195' and as proposed the docking facility would conform the quarter width limitation. The facility would not encroach into the adjacent 15-foot riparian corridor setback. Water depths vary within the project area from -1.5' at NLW to -7' at NLW. As proposed, maintenance excavation would be conducted on an area approximately 160' in length by 40' in width to a final project depth of -7' at NLW. The spoil would be placed onsite to dewater with a silt fence surrounding it in an upland area adjacent to the bulkhead approximately 100' in length by 40' in width. Once dewatered the spoil would be partially used to backfill the bulkhead and the remainder would be used for high ground fill. The Shandy Point boat basin was originally permitted through State permit #127-79 and maintenance excavation was authorized through State permit #257-84. 10. ANTICIPATED IMPACTS The construction of the reconfigured and expanded docking facility would incorporate approximately 1,140 additional square feet of Estuarine Waters and Public Trust Area. The proposed facility would extend approximately 40' into the waterbody, which measures approximately 195' across, thus conforming to the Y width rule. The proposed structures would be located within the applicant's riparian access area and would not encroach into the adjacent 15' riparian corridor setback requirements. The maintenance excavation would disturb a 6,400 sq. ft. area and remove approximately 711 cubic yards of material. The proposed bulkhead would result in the filling of approximately 412 sq. ft. of Estuarine Waters and Public Trust Area. The proposed bulkhead would disturb approximately 4,120 sq. ft. of high ground for the associated backfill and tie -back anchor system. The proposed riprap would disturb approximately 330 sq. ft. of high ground. Minor increases in turbidity should be expected during excavation and construction. RECEIVED APR 0 6 2017 DCM- MHD CITY Submitted by: Courtney Spears Date: March 29, 2017 Office: Wilmington y1. CAROLINA MARINE CONSTRUCTION, INC. 6400-8 Carolina Beach Rd. #212 Wilmington, NC 28412 February 23, 2017 To: DENR Attn: Sean Farrel Courtney Spears Re: Bullard NARRATIVE We are proposing to replace approximately 207' of bulkhead 2' in front of existing deteriorated bulkhead. The current wall is well over 20 years old and has several areas where then backfill is leeching through and is showing signs of excessive loading. The new bulkhead will be constructed out of marine grade timber. The east side of the property (adjacent to the marsh area) also is exhibiting signs of erosion as the current structure has deteriorated over the years. A rip rap barrier is proposed with the existing structure remaining as the toe of the slope. A filter cloth under layment is proposed to prevent any run off into marsh. We are also proposing to reconstruct the existing docking structure to provide an easier area to dock and allow for more protection at the same time. The existing 5' x 20' and 8' x 28' floating dock are to be removed and disposed of. The 5' x 45' will be relocated over 15' from the property line (as per plans). The new docks (6' x 25', 6' x 40', 6' x 75' and 6' x 40') will run adjacent to the new bulkhead. This design will relocate the existing structure outside of the neighbor's riparian corridor while providing the owner an easy protected way to moor his vessels and still leave an area open for crabbing, fishing or launching paddle boards and kayaks. In order to maintain a useable depth we are also proposing to perform a maintenance dredge of approximately 711 cubic yards. The previous dredging was done under State permit # 257-84 Shandy Lane/Shandy Point. The removed spoil will be allowed to partially dewater on barge before being unloaded onto high ground behind approved silt fencing. After dewatering completely the material will then be utilized for backfill behind the new bulkhead. Any excess material will be graded and seeded. The docking facility will be used for recreational boating, sailing, fishing, crabbing, paddle boarding and kayaking. The owners have several children and grandchildren and would like to enhance the structure to make it safer and more enjoyable to use. RECEIVED APR 0 6 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO �Vl_ ,yR�� UNITED STATES DEPARTMENT OF COMMERCE �* National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Qr /p/ Southeast Regional Oft vw� yr r 263 13th Avenue SouM St Petersburg, Ronde 33701-5505 htlp J/sero. nmfs. noaa.gov May 23, 2017 F/SER47:KR/pw (Sent via Electronic Mail) Colonel Kevin P. Landers, Sr., Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Tyler Crumbley Dear Colonel Landers: RECEIVED JUN 12 2017 DCM- MHD CITY NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for SAW-2017- 00778, dated April 25, 2017. The applicant, Lynn Bullard, requests authorization to reconfigure and expand an existing docking facility, install a new timber bulkhead waterward of an existing bulkhead, and perform maintenance dredging along the docking facility at 117 Windlass Drive, adjacent to the Shandy Point boat basin, in Wilmington, New Hanover County. The Wilmington District's initial determination is the proposed pier and dock construction and dredging may adversely affect essential fish habitat (EFH) or associated fisheries managed by South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments and recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Proposed Project The applicant proposes to construct a new timber bulkhead approximately 207 linear feet long and approximately two feet waterward of a failing bulkhead. The bulkhead construction would impact 412 square feet of shallow water habitat for backfill. The applicant also proposes to reconfigure the existing dock and construct new docks to provide moorings for four boats within the existing boat basin. The applicant has recently acquired several large vessels. Dock improvements would include installing dock structures measuring six feet by 25 feet, six feet by 40 feet, six feet by 40 feet, and six feet by 75 feet. Water depths in the vicinity of the docks range from -4.0 feet normal low water (NLW) to adjoining waters at -8.0 feet NLW. The applicant proposes to excavate sediment via a bucket -to -barge operation and to transport the dredged material to a prepared upland location to dewater. Spoil would then be used to backfill the new bulkhead construction. The dredging would remove approximately 711 cubic yards of shallow bottom to establish a depth of -7.0 feet NLW. Impacts to Essential Fish Habitat The project area is within a state -designated Primary Nursery Area. The dredging would disturb approximately 6,400 square feet of shallow bottom habitat and potentially impact neighboring Received a MAY 2 3 2017 f'IMF/ DCM 4f __r, salt marsh and oyster reefs. The SAFMC identifies shallow intertidal and sub -tidal bottom in estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp and for estuarine species within the snapper/grouper complex (e.g., gray snapper and gag). The SAFMC also identifies oysters and Primary Nursery Areas as Habitat Areas of Particular Concern (HAPCs) for shrimp, gag, and gray snapper. HAPCs are a subset of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates when located in these habitats. The SAFMC provides detailed information on the EFH requirements of federally managed species in amendments to the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region. The project area clearly functions as nursery habitat for federally managed species as well as other species of commercial or recreational importance including red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes and sharks). The NMFS recommends the applicant protect salt marsh habitat and oyster reefs adjacent to the project area from dredging impacts. The applicant should ensure a fifteen -foot dredge offset from coastal wetlands includes all emergent salt marsh vegetation, oyster reefs, and shell bottom to minimize environmental impacts to sensitive habitats. This buffer should be extended along the entire extent of the new bulkhead. This buffer should also consider any sloughing of basin side slopes expected to occur after dredging is completed. The NMFS has no further concerns about the project given the best management practices proposed to control turbidity and sedimentation from dredging and disposal areas. EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: • The permit should require a fifteen -foot dredge offset, based on the projected equilibrated side slopes, from coastal wetlands including all emergent salt marsh vegetation, oyster aggregations, and shell bottom. The offset should be extended along the entire extent of the new bulkhead structure. • The permit should require best management practices, such as field marking oyster reefs and shell bottom, to keep construction equipment and activities from encroaching into oyster and shellfish habitat. Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR Section 600.920(k) require the Wilmington District to provide a written response to this letter within 30 days of its receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" with the Wilmington District, an interim response should be provided to the NMFS. A detailed response then must be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the response is inconsistent with the EFH conservation recommendations, the Wilmington District must provide a substantive discussion justifying the reasons for not following the recommendations. Thank you for the opportunity to provide these comments. Please direct related questions or comments to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 728-8750. / for Sincerely, )Pau Vim, Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE, Tyler.Crumbley@usace.army.mil USFWS, Pete_Benjamin@fws.gov NCDCM, Doug.Huggett@ncdenr.gov, Gregg.Bodnar@ncdenr.gov EPA, Bowers.Todd@epa.gov RECEIVED SAFMC, Roger.Pugliese@safmc.net F/SER4, David.Dale@noaa.gov, Ken.Riley@noaa.gov JUN 12 2017 DCM- MHD CITY k a *?_ Coats, Heather From: Crumbley, Tyler CIV USARMY CESAW (US)<TYLER.A.Crumbley@usace.army.mil> Sent: Tuesday, June 06, 2017 12:42 PM To: Coats, Heather; Coburn, Chad RECEIVED Subject: Windlass Conditions 2017-00778 JUN 12 2017 Heather and Chad, DCM- MHD CITY I sent a hard copy of these to Doug H. today .... this should help get you started. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. Best management practices identified as field -marking existing oyster reefs and shell bottom locations at low - tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 2. A 15-foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh vegetation shall be instituted. The 15-foot offset shall be extended along the entire extent of the new bulkhead structure. 3. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 5. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 6. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 7. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 8. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. V_.4 9. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety. 10. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 11. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 12. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 13. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 14. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 15. The permittee shall require its contractors and/or agents to comply with the terms and conditions 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 with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 16. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 17. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 18. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. *k_111 19. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Tyler Crumbley, PWS RECEIVED Regulatory Project Manager JUN 12 2017 U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone:910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil DCM- MHD CITY RECEIVED Coats, Heather a w 1 e onn From: Michael Conrad<carolinamadneconstruction@charter.net> Sent: Monday, June 05, 2017 6:03 AM DCM- MHD CITY To: Crumbley, Tyler A CIV USARMY CESAW (US) Cc: Coats, Heather, Spears, Courtney Subject: Re: [Non-DoD Source] NMFS EFH recommendations for Lynn Bullard SAW-2017-00778 Yes sir Tyler, we have no issues with the 15 ft setback and abiding by all of the permits stipulations. We do not want to negatively affect the environment in any way. Please let me know if you need anything else. As always, I appreciate all your help. Thanks Mike Sent from my iPad > On May 23, 2017, at 1:33 PM, Crumbley, Tyler A CIV USARMY CESAW (US)<TYLER.A.Crumbley@usace.army.mil> wrote: > Michael, > Please find the attached response from the NMFS in regard to the proposed dock and dredge project at 113 Windlass Drive. The Service recommends that permit conditions be included to ensure a 15' offset for dredging and that all shellfish resources be field -located to preclude negative impacts from dredging and dock replacement. A response is required within 30 days from this office, I am writing you to ensure that the applicant and Carolina Marine Construction, Inc. can comply with these conservation recommendations (and subsequent permit conditions). Please respond either via email or hard -copy to these recommendations. > Thank you. > -Tyler > Tyler Crumbley, PWS > Regulatory Project Manager > U.S. Army Corps of Engineers -Wilmington District > 69 Darlington Avenue > Wilmington, NC 28403 > Phone: 910-251-4170 > Fax: 910-251-4025 > email: tyler.crumbley@usace.army.mil > -----Original Message----- * From: Pace Wilber - NOAA Federal [mailto:pace.wilber@noaa.gov] > Sent: Tuesday, May 23, 2017 12:38 PM > To: Crumbley, Tyler A CIV USARMY CESAW (US)<TYLER.A.Crumbley@usace.army.mil> > Cc: Pete Benjamin <Pete_Benjamin@fws.gov>; Doug Huggett (doug.huggett@ncdenr.gov) <doug.huggett@ncdenr.gov>; gregg.bodnar@ncdenr.gov; Todd Allen Bowers (bowers.todd@epa.gov) 0� <bowers.todd@epa.gov>; Roger Pugliese <roger.pugliese@safmc.net>; David Dale <david.dale@noaa.gov>; Ken Riley <ke n. ri I ey @ n oa a.gov> > Subject: [Non-DoD Source] NMFS EFH recommendations for Lynn Bullard SAW-2017-00778 > <Bullard_2017-00778_EFH_FINAL.pdf> Coats, Heather From: Crumbley, Tyler CIV USARMY CESAW (US)<TYLER.A.Crumbley@usace.army.mil> Sent: Tuesday, May 23, 2017 1:34 PM To: carolinamarineconstruction Cc: Coats, Heather; Spears, Courtney, Crumbley, Tyler A CIV USARMY CESAW (US) Subject: FW: [Non-DoD Source] NMFS EFH recommendations for Lynn Bullard SAW-2017-00778 Attachments: Bullard_2017-00778_EFH_FINAL.pdf Michael, Please find the attached response from the NMFS in regard to the proposed dock and dredge project at 113 Windlass Drive. The Service recommends that permit conditions be included to ensure a 15' offset for dredging and that all shellfish resources be field -located to preclude negative impacts from dredging and dock replacement. A response is required within 30 days from this office, I am writing you to ensure that the applicant and Carolina Marine Construction, Inc. can comply with these conservation recommendations (and subsequent permit conditions). Please respond either via email or hard -copy to these recommendations. Thank you. -Tyler Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil -----Original Message ----- From: Pace Wilber - NOAA Federal [mailto:pace.wilber@noaa.gov] Sent: Tuesday, May 23, 2017 12:38 PM RECEIVED JUN 12 P017 DCM- MHD CITY To: Crumbley, Tyler A CIV USARMY CESAW (US) <TYLER.A.Crumbley@usace.army.mil> Cc: Pete Benjamin <Pete_Benjamin@fws.gov>; Doug Huggett (doug.huggett@ncdenr.gov) <doug.huggett@ncdenr.gov>; gregg.bodnar@ncdenr.gov; Todd Allen Bowers (bowers.todd@epa.gov) <bowers.todd@epa.gov>; Roger Pugliese <roger.pugliese@safmc.net>; David Dale <david.dale@noaa.gov>; Ken Riley <ken.riley@noaa.gov> Subject: [Non-DoD Source] NMFS EFH recommendations for Lynn Bullard SAW-2017-00778 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Carolina Marine Construction c% Michael Conard 3600-E South College Road Wilmington, NC 28412 Dear Mr. Conard, NORTH CAROLINA Environmental Quality August 10, 2020 This is with reference to the request received by Patrick Amico, Field Representative, to refine State Permit No. 71-17, which was issued to James L. Bullard on June 7, 2017 for the replacement of a bulkhead, installation of rip rap revetment and reconfiguration and replacement of floating docks at 113 Windlass Drive, located adjacent to the Atlantic Intracoastal Water Way, in Wilmington, New Hanover County. State Permit No. 71-17 is due to expire on December 31, 2020. This refinement has been requested by the applicant to separate the previously authorized work into three (3) different phases, conducted over three years, based on the availability of resources and logistics. This phased approach will require a renewal of this major permit, which has not been completed at this time. This phased approach requires a temporary configuration of the floating docks (during phase 1 and 2) that is a slightly different configuration from the original authorization. The originally authorized configuration will be the end result after phase 3 (see drawing 7 of 7). These phases are outlined in an email dated as received by DCM 514/20, and one (1) drawing dated as received by DCM on 5/4/20, and seven (7) original project drawings, 1 of 7 dated 2120/17, 2 of 7 dated 2/16117, 3 of 7 dated 1120/17, 4 of 7 dated 216117, 5 of 7 dated 218/17, 6 of 7 dated received 3123/17, and 7 of 7 dated 317/17. Phase One will include: • Maintenance dredging of the facility within the authorized footprint, subject to moratorium dates (see drawing 5 of 7). • Construction of bulkhead & revetment, except for section under existing fixed pier (see drawing 6 of 7). • Construction of 6' x 16' and 6'x 10' sections of floating dock to attach to the existing L-shaped floating dock (see drawing 5/4/20, area in pink color). This is a temporary configuration to continue access during phase one. • Construction of the 6' by 75' floating dock to serve as slips 4 &5 (see drawing 7 of 7) . • Relocation of the existing 6' x 40' floating dock (to accommodate slip 3) to the east (see drawing 5/4/20 and drawing 7 of 7). Phase Two will include: • Construction of bulk head section underneath the fixed pier, and replacement of fixed pier (see drawing 5/4/2020). D Q� North Carolina Department of Environmental Quality I Division of Coastal Management wilMngton Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 • Removal of 6' x 16' and 6' x 10' sections of floating dock used in phase 1 for access to be replaced with reconfiguration of 6' x 25' section of floating dock (see drawing 5/4/20 and drawing 7 of 7). This will be to serve as access from the fixed pier to slip 3 (with addition of gangway). • Replacement of the floating dock (6' x 40') that was relocated in phase 1 with a new dock, in the same footprint, serving as slip # 3 (see drawing 5/4/20). Move the previously relocated section (6' x 40) to the west to final authorized location serving as slips 1 and 2 (see drawing 7 of 7). Phase Three will include: • Construction of a 6' by 40' floating dock to serve as slip 6 (see drawing 7 of 7). Upon reviewing the information provided, in consultation with Major Permits Staff, the Division of Coastal Management has determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. This Letter of Refinement authorizes the modification of State Permit No. 71-17 for reconfiguration of floating docks in phases as described in your email and attachments dated received May 4, 2020. Please note this refinement does not alleviate the need to obtain any other local, state or federal permits. If you have any questions concerning the above or if I can be of any other assistance, please advise. Sincerely, Tara MacPherson Wilmington District Manager cc: MHC Files, DCM USACE DWR North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 Firefox https://outlook.office365.coaVmaiYdeeplink?version=2020072004... i t`eccet.e�. by �cM 5I4%aa patrick.amico@ncdenrgov L¢ 1ie r PA-PVV^k +- I r�eyVQ. by M�f ltcv� 127 Cardinal Drive Ext D Covvtv'd Wilmington, NC 28405 Sf q4,L Q em I I Compares,-., d Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Michael Conard<carolinamarineconstruction@chartecnet> Sent: Monday, May 4, 2020.3:32 PM TO:Amico, Patrick <Patrick.Amico@ncdenr.gov> Subject: [External] bullard CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report,sipA02pric.gav As per our earlier conversation we would like to complete the Bullard project in (3) stages due to the scope of the project and the associated cost. In the first stage (year 1) we are proposing to construct the bulkhead and perform the maintenance dredging. We are also planning on constructing some but not all of the new permitted docks. Mr. Bullard would like to leave the existing stationary pier in place to utilize as access to the docks. The section of bulkhead under the stationary pier will be replaced in stage 2 along with the stationary pier. We are also proposing to leave the cross hatched section that was proposed to be removed in place until stage 2 as well (see drawing 6 of 7). We are planning on constructing the new 6' x 75' floating dock (drawing 7 of 7/slips #4 & #S) in stage 1. The existing 5' x 40' has been permitted to be relocated to the west at the terminating end of the access ramp. In stage 1, we would like to relocate that section of floating dock to the east instead (new dock to be built in stage 2) and utilize that dock for the 6'x40' (slip #3), permitted in drawing 7 of 7. The permitted 6'x25' section of dock (drawing 7 of 7) is proposed to be slightly modified in stage 1 to connect to the existing main dock (cross hatched section in drawing 6 of 7). 1 have attached an updated drawing detailing what we are proposing for stage 1 of the project. The first stage will stabilize the property, provide adequate water depths and provide adequate dockage. The footprint, number of slips and square footage will not exceed the existing permit requirements. Stage 2 will be the removal of the existing wooden dock, replacement of bulkhead beneath, removal of existing cross hatched floating dock (drawing 6 of 7) and construction of new 6' x 40' dock. stage 3 (slip #6/drawing 7 of 7) and construction of new 6' x 40' dock. Stage3 will be construction of new 6' x 40' dock also (slip #6/drawing 7 of 7). Some minor maintenance dredging may also be required in stages 2 and 3. As always, I appreciate your help with this project. If you have any questions just give me a call. Thank you, Michael 2 of 3 7/27/2020, 12:26 PM 1 Firefox I https://outlook.office365.com/mailldeeplink?version=2020072004... Fw. [External] bullard Amico, Patrick) <Patrick.Amico@ncdenr.gov> Thu 5/7/2020 9S5 AM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> I 1 attachments (437 KB) Bullard.pdf; Patrick Amico Environmental Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7423 office 910 395-3964 fax patrick.amico@ncdenr.gov 127 Cardinal Drive 6d Wilmington, NC 28405 i Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Amico, Patrick J <Patrick.Amico@ncdenr.gov> Sent: Wednesday, May 6, 2020 3:41 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: Fw: [External] bullard Patrick Amico Environmental Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7423 office 910 395-3964 fax RECEIVED DCM WILMINGTON, NC MAY 0 4 2020 1 ^f z 7/27/2020, 12:26 P1 +7vT'-+9-29Z2 07:3:a Fp.^"1:F ,s vn:Rj,,_ 9102 MC3-P- �Ia' A a UU1W Imnnn. b wtl1 TOP OF OLD IRON PIPE (01P) R. MUM OIp TO:452e3m3 P.1 CCM W LMINIGT� b1AY p 4 CN' NC �t�� 2020 t krone scup i j au�trua spec dig f o4l✓� l�iacr -ea xEi c nos �/c:o✓ 6x f C� $ -5.5K t i sum rP.: -gcv J x-&1 � %. 7.2x i jX 5.4 1 1 —7.2Xt .I x—&B ' { r' HICH NATM IS AT THE s 1PVC 405T —7.1 x sz FACE OF 7HE BtUNEA9 rue x-7.2 I . �, � ELEYA7t0t8 T.aE; (33AVD E@) I i � i .p' t Y•..'N x-741 72x , �: x 4 ;yff i ! 1 •4X t s>4 f woos BUTADn LEG I i 1 X-7.4 .h', I I ix-7.6 f (•l,Oer�% 4 , 75[ SSCC I 75 x-7s I X-7.4 x-6.9 ` of %�'M K �! f X-5. I i x-7.3 1 X-7.5 x-7.6 X1-7.6 ix-7.5 X-7S I I Mi A*X-4.7 I 71'6 ?emm'- Mr-,lrrcc u041, 4 a 3 x Lte I P 9290 i X-7.7 � ��„ 6'��s� 51,3��1y �,oa je 00 I cv w w M&tvcd yA1a74 A C)a(3 Permit Class NEW Permit Number STATE OF NORTH CAROLINA 71-17 Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development'in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to James L. Bullard, 3600 S. College Road Suite D Wilmington, NC 28412 Authorizing development in New Hanover County at Shandy Point Basin/Masonboro Sound 113 Windlass Drive Wilmington , as requested in the permittee's application dated 3/22/17, including the attached workplan drawings (7) as referenced in Condition No. 1 below. This permit, issued on June 7, 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 - -r-�- AA-••• W• —, L...�,avu, U, way wusu alu permmt to De null and void. Docldng Facility 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (7), 1 of 7 dated 2/20/17, 2 of 7 dated 2/16/17, 3 of 7 dated 1/20/17, 4 of 7 dated 2/6/17, 5 of 7 dated 2/8/17, 6 of 7 dated Received DCM Wilmington 3/23/17, and 7 of 7 dated 3/7/17. 2) Unless specifically altered herein, this permit authorizes the docks, piers, platforms 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 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. (See attached sheets for Additional Conditions) ----- ...-� -- _pt... �J me Vlc IIUuGc Vr 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. ztgnea oy me authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. o*uA k FC/Z Braxton . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee James L. Bullard ADDITIONAL CONDITIONS Permit No. 71-17 Page 2 of 5 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the 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. 4) 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. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third parry. 6) 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. 7) The new 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) This permit authorizes a maximum of 6 formalized boat slips in association with the docking facilities. Bulkhead & Riprap 9) The bulkhead shall be constructed immediately waterward of the existing bulkhead and shall in no case extend more than 2 feet waterward of the existing bulkhead at any point along its alignment at the time of construction. 10) The bulkhead shall be constructed prior to any backfilling activities. 11) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 12) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 13) The riprap shall be installed immediately landward of the existing bulkhead, as depicted on the attached workplan drawings. 14) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 15) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl or broken concrete. ------- James L. Bullard Permit No. 71-17 Page 3 of 5 ADDITIONAL CONDITIONS 16) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 17) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 18) All backfill material shall be clean and free of any pollutants except in trace quantities. Excavation 19) In order to protect juvenile frnfish resources, no excavation shall be permitted between April 1 and September 30 of any year without prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers, in consultation with appropriate resource agencies. 20) Excavation shall not exceed -7 feet below normal low water. In no case shall the depth of excavation exceed the depth of the connecting waters. 21). No vegetated wetlands shall be excavated or filled. No excavation shall take place within 15' of any Coastal Wetlands. 22) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. 23) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 24) No spoil material shall be placed within 30 feet of the normal high water line. 25) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 26) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. , Sedimentation and Erosion Control 27) In order to protect water quality, runoff from construction shall not visibly increase the .amount of suspended sediments in adjacent waters. 28) 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. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. James L. Bullard ADDITIONAL CONDITIONS Permit No. 71-17 Page 4 of 5 Maintenance Clause 29) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. .U.S. Armv Corps of Engineers Conditions 30) Best management practices identified as field -marking existing oyster reefs and shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 31) A 15' dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh vegetation shall be instituted. The 15' offset shall be extended along the entire extent of the new bulkhead structure. 32) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the State of North Carolina. 33) Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 34) The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety. James L. Bullard ADDITIONAL CONDITIONS Permit No. 71-17 Page 5 of 5 35) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 36) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 37) The permiMe, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre - project condition. General 38) 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. 39) The permittee and/or his or her contractor shall meet with a representative of the Division and the US Army Corps of Engineers prior to project initiation. NOTE- This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 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: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 2017-0455. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2017-00778. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Lynn Bullard COUNTY: New Hanover PROJECT NAME: Bullard Docking Facility Replacement Expansion LOCATION OF PROJECT:113 Windlass Dr, adjacent to Shandy Point boat basin /Masonboro Sound, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-23-17 ✓ FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: CourtneySpears n DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 4-6-17 / VA, j t,l ADJ. RIP. PROP NOTICES REC'D: S GV9 GC Itab.vw APPLICATION ASSIG D C) 75 DAY DEADLINE: , 1 t) MAIL OUT DATE: 4-4-17 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILM17VGTON FEE REC'D: $2501 #10709 END OF NOTICE DATE: 4-27-17 / '+I>A DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 4-27-17 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 Division of Comunity Assistance m Land Quality Section (DEMLR) 4 I O 17 Division of Water Resources (401) 1 GG 4 D cf 7 9017 Q55 Storm Water Management (DEMLR) 4 (3 /'- State Property Office 4 (7 i Division of Archives & History 1117 LY�/' i Division of Environmental Health y 1(17 Division of Highways Z 0 17 Wildlife Resources Commission RFCEIVED Local Permit Office �) 2u11 4116 YW (OMrylt! Li Division of Marine Fisheries / DCM - S n V Corps of Engineers �( - M H D CITY Lf/(O/17 Recommendations for State Permit— Lynn Bullard 3/29/17 The total area for the docking facility was calculated as follows: Shoreline length = 387' x 8 sq. ft. = 3096 sq. ft. (2,000 sq. ft. max allowable) Shore side fixed platforms (2) _ (22' x 6') + (6' x 10') =192 sq. ft. Existing floating platform (1) = 46' x 6' = 276 sq. ft. Proposed floating platforms (4) _ (75' x 6') + (40' x 6') + (40' x 6') + (25' x 6') =1080 sq. ft. Total =1,548 sq. ft. It is staffs recommendation that the proposal to expand and reconfigure the existing private docking facility is CONSISTENT with the Rules of 15A NCAC 07H.0208(b)(6) Pier and Docking facilities including the 8 sq. ft. rule and the X width rule. It is the staffs recommendation that the proposal is CONSISTENT with the Rules of 15A NCAC 07H.0208(b)(7) Bulkheads. It appears that the project is also CONSISTENT with NCAC 07H .0208(b)(1) in regards to maintenance excavation of existing boat basins including the disposal of dredge spoils. It appears that the project is also CONSISTENT with NCAC 07H.1105 in regards to the proposed riprap. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. RECEIVED APR 0 6 2017 DCM- MHD CITY MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Lynn Bullard, Wilmington, New Hanover County Date: June 5, 2017 This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. The applicant proposes to reconfigure and expand the existing private docking facility, perform maintenance excavation, and install a new bulkhead and riprap. The project is located at 113 Windlass Drive, adjacent to the Shandy Point boat basin in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and PTA. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Residential/Conservation. In general, Wilmington -New Hanover County allows development in Residential and 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 2006 Wilmington -New Hanover County Joint Land Use Plan Update. Cc: File '1/ Coastal Management ENVIRONMENTAL QUALITY April 4, 2017 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsd)-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Lynn Bullard Project Location: 113 Windlass Dr adjacent to Shandy Pt. boat basin, in Wilmington, New Han. Co. Proposed Project: to expand and reconfigure an existing docking facility, install a new bulkhead & rlprap, and to perform maintenance excavation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 27, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached �M comments. I SIGNED "' �� I I DATED State of North Carolina I Environmental Quality I Coautal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 a Coastal Management ENVIRONMENTAL QUALITY April 4, 2017 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coatsCc-ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Lynn Bullard Project Location: 113 Windlass Dr. adjacent to Shandy Pt boat basin, in Wilmington, New Han. Co. Proposed Project: to expand and reconfigure an existing docking facility, install a new bulkhead & riprap, and to perform maintenance excavation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 27, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"' This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATED \ - 'c�Ao RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 APR 10 ZOV 910-796-7215 Ilk - Coats, Heather From: Mairs, Robb L Sent: Tuesday, June 06, 2017 4:29 PM To: Coats, Heather Subject: RE: Windlass Conditions 2017-00778 We'll be issuing this through our GC 4097 as DWR #20170455. Should have it out this week. Thanks -----Original Message ---- From: Coats, Heather Sent: Tuesday, June 06, 2017 4:09 PM To: Mairs, Robb L<robb.mairs@ncdenr.gov> Subject: FW: Windlass Conditions 2017-00778 Hi! So this one (Bullard) is still yours? Do you have everything you need now or do you need more time to review? And do you have a Project # yet, by chance? Thanks! H. Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Crumbley, Tyler A CIV USARMY CESAW (US) [mailto:TYLER.A.Crumbley@usace.army.mil] Sent: Tuesday, June 06, 2017 12:42 PM To: Coats, Heather <heather.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: Windlass Conditions 2017-00778 Heather and Chad, I sent a hard copy of these to Doug H. today .... this should help get you started. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. Best management practices identified as field -marking existing oyster reefs and shell bottom locations at low - tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 2. A 15-foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh vegetation shall be instituted. The 15-foot offset shall be extended along the entire extent of the new bulkhead structure. 3. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 5. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 6. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 7. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 8. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 9. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety. 10. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. �w C.& Coastal Management ENVIRONMENTAL QUALITY April 4, 2017 TO: F M: SUBJECT: Applicant: Georgette Scott Stormwater Section DEMLR - WiRO ROY COOPER Govemor MICHAEL S. REGAN Secretary L APR 0 y 201? BRAXTON DAVIS Director 1 E Heather Coats, Assistant Major Permits Coordinator e NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenroov Fax. 395-3964 (Courier 04-16-33) CAMA /Dredge & Fill Application Review Lynn Bullard Project Location: 113 Windlass Dr adjacent to Shandy Pt. boat basin, in Wilmington, New Han. Co. Proposed Project: to expand and reconfigure an existing docking facility, install a new bulkhead & nprap, and to perform maintenance excavation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 27, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: r/ 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 ca DATED ( � RECEIVED DCM WILMINGTON, NC APR 13 2017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dow ExL, Wilmington, NC 28405 910-796-7215 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY June 1.2017 i ROY COOPER Governor MICHAEL S. REgAN Senxtary TRACY DAVIS Wiecror Mr. Lynn Bullard 3600 S. College Road, Suite D Wilmington, NC 28412 Subject: EXEMPTION Stormwater Project No. SW8 170406 Bullard Docking Facility & Excavation Project New Hanover County Dear Mr. Bullard: On April 4, 2017, 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! April 6, 2017 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. i Sincer y, For Tracy E. Davis, P' E., Director Division of Energy, Mineral, and Land Resources GDSlgds: 111StormwaterlPermits & Projects12017 \170406 Exemption12017 06 permit 170406 cc: Carolina Marine Construction, Inc. New Hanover County Building Inspections RECEIVED Courtney Spears/Shaun Simpson — DCM WIRO DCM Morehead City Wilmington Regional Office Stormwater File JUN 13 2017 DCM- MHDI CITY State of North Carolina I Environmental Quality 1 Energy, Mine, d and Laid Resources 512 N. Salisbury Street 11o12Mail Service Center 1 I:aleigh,North Cnrolina27699-1612 91Q 107 9200 Coastal Management ENVIRONMENTAL QUALITY April 4, 2017 TO: Tim Walton Dept of Administration State Property Office APR 06 2011 DOA STATE PROPERTY OFFICE ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCcilncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Lynn Bullard Project Location: 113 Windlass Dr adjacent to Shandy Pt. boat basin, in Wilmington, New Han. Co. Proposed Project: to expand and reconfigure an existing docking facility, install a new bulkhead & riprap, and to perform maintenance excavation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 27, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. �"Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED ///2 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnw Ext., Wilmington, NC 28405 910-796-7215 OCM WEC ILMINGTON NC 4rf, 17 2017 fin. ROY COOPER Clowe MICHAEL S. REGAN Secxtaryy BRAXTON DAVIS n�. April 4, 2017 I } G 9 TO: Renee Gledhill -Early Dept. of Guttural Resources f� Archives & Historyµ] FROM: Heather Coats, Assistant Major Permits Coordinator q NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wiim., NC 28405 heather. coats65ilncdenr aov Fax: 395-3964 (Gouder04-16-33) �,f 3MI} SUBJECT: CAMA / Dredge & Fill Application Review) Applicant: Lynn Bullard Project Location: 113 Windlass Dr. adjacent to Shandy Pt. boat basin, in Wilmington, New Nan. Co. Proposed Project: to expand and reconfigure an existing docking facility, install a new bulkhead & riprap, and to perform maintenance excavation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Croats at the address above by April 27, 2017. if you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED K DATED�4"425 i? DOMI WILMINGTON, NC APR 252017 SteteofN0dbCftVh"JE9viroo 81QaWdY f:m IManagement 127 Cw&W Drive Ea., WthninLam WE 28405 AN 1 ZUO 9W96-721S Coastal Management ENVIRONMENTAL QUALITY April 4, 2017 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section RECEIVED APR 18 2017 DCM- MHD CITN ROY COOPER Governor MICHAEL S. REGAN se—omy BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsftlodenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Lynn Bullard Project Location: 113 Windlass Dr adjacent to Shandy Pt. boat basin, in Wilmington, New Han. Co. Proposed Project: to expand and reconfigure an existing docking facility, install a new bulkhead & riprap, and to perform maintenance excavation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 27, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. G 106CC "Additional comments may be attached* Area 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. Fop ;,4vd %l41' f5 SIGNED DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 1Vl- RECEIVED APR 18 2017 Coastal Management NC DOT ENVIRONMENTAL QUALITY DISTRICT 3 April 4, 2017 TO: David Harris NC DOT Roadside Environmental Unit ROY COOPER C.ovemor MICHAEL S. REGAN Secretory BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Lynn Bullard Project Location: 113 Windlass Dr. adjacent to Shandy Pt. boat basin, in Wilmington, New Han. Co. Proposed Project: to expand and reconfigure an existing docking facility, install a new bulkhead & riprap, and to perform maintenance excavation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 27, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED AcvLiLaa� DATED Qyt1lj j--- 0CM WILMIINGTON, NC State of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent., Wilmington, NC 28405 APR 2 0 2017 910-79&7215 Im ROY COOPER i. Governor MICHAEL S. REGAN searmy BRAXTON DAVIS Cot*a- lMdnageiment Dlmror ENVIRONMENTAL OVALITT April 4, 2017 TO: Kathryn Thurston AICP Dept. of Planning City of Wilmington FROM: Heather Coats,. Assistant Major Permits Coordinator NCDEQ - Division -of Coasta284 l Management 127 Cardinal Drive:Ext , Wilm. NC.05. haathercoats0mcdenc.aov Fax: 395 3964 E�, arw wif�. SUBJECT: CAMA /Dredge'& fill Application Review Applicant: Project Location: Lynn Bullard 113 Windlass Dr. adjacent to Shandy Pt. boat basin, in Wilmington, New Han. Co. Proposed Project: to expand and reconfigure an existing docking facility, instafl anew bulkhead & nprap, and to perform maintenance excavation Please indicate beloLyour a eg ncy's position or viewpoint on the proposed project and netuntihts'form:for}JeatheY�Loaisiat the address above by April 27, 2017: If you have any questions regarding the proposed project, contacf Courtney Spears at`(910) 796-7423 when appropriate in-depth comments with supporting data is requested. - REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are in o orate . ee e a h stail d� w ���a�.� P �e fb ex, ctip ►eaor ble , a n4rncigD uat ov jE11; his agencyeo`6jects to the project totJreasons described In the at ached comments. SIGNED Abn DATED —Zo ^ i4 I " Received APR 2 0 2017 State of North Carolina I Environmental Quality I CoutaLManagmCot DC M 127 Cardinal Drive Ext., Wilmington, NC 29405 910496-7215 ■ wl�_ Coastal Management ENV NN KTAL WAUI April 4, 2017 TO: Christine Boufford Local Permit Officer County of New Hanover k�_ BRAXTON DAVIS DL u r FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heathercoatsCo).ncdenraov Fax. 395-3964 (Courier04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Lynn Bullard Project Location: 113 Windlass Dr. adjacent to Shandy Pt. boat basin, in Wilmington, New Han. Co Proposed Project: to expand and reconfigure an existing docking facility, install a new bulkhead & nprap, and to perform maintenance excavation Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 27, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. / "Additional comments may be attached'" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ff'' �' Or ��l u tL� DATED of S RECE;vLf DCM WILMINGTON, NC SUM of Neal C.Un 1 rxivffmmnm Q-Wih I Ca w 127 C. d&al Dem EAR., Warm gam, NC 2W5 APR 2 5 2017 910.7%.7215 MAN 2 3 Z017 e . I j EWIW 6Managentent � ENVIRONMENTAL OOAI.tTY April 4,2017 TO: Curt Weychert Fisheries Resource Specialist MHC-DCM ROY COOPER Governor MICHAEL S. REGAN se Nwy BRAXTON DAVIS Dmdor �,Au ? PMA s,,14W FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext. Wilm., NC 28405 heather. coats(o)ncdenr.gov Fax:395-3964 rrer 8 SUBJECT: LAMA / Dredge & Fill Application Review Applicant: Lynn Bullard Project Location: 113 Windlass Dr. adjacent to Shandy Pt. boat basin, in Wilmington, New Han. Co. Proposed Project: to expand and reconfigure an existing docking facility, install anew bulkhead & riprap, and to perform maintenance excavation Please indicate below our a ency's position or viewpoint on the proposed project and eturn UM m to H a hL, C at the address above by April 27, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423'when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 'Additional comments may be attached'* This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DAT D -Z - 0 Recei"7ved APR `l 5 2017 DCM RECEIVED APR 0.6 2017 State of North Catalina 1 Environmental Quality I Coastal Management 127 Cardinal Drive E#., Wilmington, NC 28405 D C n m M H D CITY 910-796-721s Ric,. Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DCM Fisheries Resource Specialist SUBJECT: Lynn Bullard CAMA / Dredge & Fill Application DATE: April 18, 2017 ROY COOPER Garcmor MICHAEL S. REGAN s-1-y BRAXTON DAVIS rnacror 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 construct a new 206' bulkhead 2' waterward of the existing failing bulkhead. The surrounding waters are classified as SA, closed to shellfish harvest, and are in Primary Nursery Area (PNA). The applicant also proposes to remove two sections of floating dock and relocate an additional existing section of floating dock. Additionally, the applicant is seeking to construct four consecutive sections of floating dock running parallel to the existing bulkhead and extending into the waterway —40'. The applicant also seeks to perform maintenance excavation in an area approximately 160' in length and 40' in width to a final depth of-7' at NLW and remove approximately 711 cubic yards of material. Upon a site visit completed on April 18, 2017, there were several notable concerns associated with the proposed development activities within a designated PNA. PNA's are estuarine waters where initial post - larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNA's because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Along the point of the bulkhead where it terminates into coastal wetlands, there was a significant presence of oyster resource growing on the concrete rubble in the subtidal and intertidal area. Oyster resource inside of a PNA is an extremely productive self -building three-dimensional habitat that can be impacted long term through dredging and filling, pollution and other contaminants. Oysters also serve to stabilize emergent structure by Directly adjacent to the oyster resource is existing coastal wetlands. These wetlands serve as a productive detritus based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. I would recommend at least a 20-foot buffer off coastal wetlands for any proposed dredging. I would also recommend that in any area of proposed dredging, existing shellfish resource be relocated into an area of similar depth outside the dredge footprint. With a dredge depth of -7 ft. at NLW, a 20-foot buffer would be concurrent with a 3:1 naturalized slope needed to prevent erosion and avoid loss of existing Spartina grass. State of North Carolina I Environmental Quality I Conttal Management 400 Come,. A.ue I Moorhead City, NC 28557 252-80&28081252-247-3330(fu) I would strongly recommend a moratorium on in -water work, to include dredging, from 1 April to 30 September in order to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery fimctions. Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt. Weychert cdenr.gov with further questions or concerns. State ofNorth Caoli= I Eoviro=.W Quality I Caaslal M9 gemmt 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 \�- Coastal Management ENVIRONMENTAL QUALITY April 4, 2017 TO: Heidi Cox Assistant Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS yji1, � Op aUV7 W7of4 201I RD, pub�W lour elersuppces FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsC�ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Lynn Bullard Project Location: 113 Windlass Dr. adjacent to Shandy Pt boat basin, in Wilmington, New Han. Co. Proposed Project: to expand and reconfigure an existing docking facility, install a new bulkhead & nprap, and to perform maintenance excavation Please indicate below your agency's position or viewpoint on the proposed project and return this fonn to Heather Coats at the address above by April 27, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED" DATED RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, INC 29405 APR,10 2017 910-796-7215 kk_'" I Coats, Heather From: Crumbley, Tyler A CIV USARMY CESAW (US) <TYLE R.A. Crum bley@usace.army.mil> Sent: Tuesday, May 23. 2017 1:34 PM To: carolinamarineconstruction Cc: Coats, Heather; Spears, Courtney; Crumbley, Tyler A CIV USARMY CESAW (US) Subject: FW: [Non-DoD Source] NMFS EFH recommendations for Lynn Bullard SAW-2017-00778 Attachments: Bullard_2017-00778_EFH_FINAL.pdf Michael, Please find the attached response from the NMFS in regard to the proposed dock and dredge project at 113 Windlass Drive. The Service recommends that permit conditions be included to ensure a 15' offset for dredging and that all shellfish resources be field -located to preclude negative impacts from dredging and dock replacement. A response is required within 30 days from this office, I am writing you to ensure that the applicant and Carolina Marine Construction, Inc. can comply with these conservation recommendations (and subsequent permit conditions). Please respond either via email or hard -copy to these recommendations. Thank you. Tyler Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone:910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil -----Original Message ----- From: Pace Wilber- NOAA Federal [mailto:pace.wilber@noaa.gov] Sent: Tuesday, May 23, 2017 12:38 PM To: Crumbley, Tyler A CIV USARMY CESAW (US)<TYLER.A.Crumbley@usace.army.mil> Cc: Pete Benjamin <Pete_Benjamin@fws.gov>; Doug Huggett (doug.huggett@ncdenr.gov) <doug.huggett@ncdenr.gov>; gregg.bodnar@ncdenr.gov; Todd Allen Bowers (bowers.todd@epa.gov) <bowers.todd@epa.gov>; Roger Pugliese <roger.pugliese@safmc.net>; David Dale <david.dale@noaa.gov>; Ken Riley <ken.riley@noaa.gov> Subject: [Non-DoD Source] NMFS EFH recommendations for Lynn Bullard SAW-2017-00778 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE southeast Regional Office 26313th Avenue south St Petersburg, Flodda 337015505 htl J1sero.nmfs.noaa.gov May 23, 2017 (Sent via Electronic Mail) Colonel Kevin P. Landers, Sr., Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Tyler Crumbley Dear Colonel Landers: F/SER47:KR/pw NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for SAW-2017- 00778, dated April 25, 2017. The applicant, Lynn Bullard, requests authorization to reconfigure and expand an existing docking facility, install a new timber bulkhead waterward of an existing bulkhead, and perform maintenance dredging along the docking facility at 117 Windlass Drive, adjacent to the Shandy Point boat basin, in Wilmington, New Hanover County. The Wilmington District's initial determination is the proposed pier and dock construction and dredging may adversely affect essential fish habitat (EFH) or associated fisheries managed by South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments and recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Proposed Project The applicant proposes to construct a new timber bulkhead approximately 207 linear feet long and approximately two feet waterward of a failing bulkhead. The bulkhead construction would impact 412 square feet of shallow water habitat for backfill. The applicant also proposes to reconfigure the existing dock and construct new docks to provide moorings for four boats within the existing boat basin. The applicant has recently acquired several large vessels. Dock improvements would include installing dock structures measuring six feet by 25 feet, six feet by 40 feet, six feet by 40 feet, and six feet by 75 feet. Water depths in the vicinity of the docks range from -4.0 feet normal low water (NLW) to adjoining waters at -8.0 feet NLW. The applicant proposes to excavate sediment via a bucket -to -barge operation and to transport the dredged material to a prepared upland location to dewater. Spoil would then be used to backfrll the new bulkhead construction. The dredging would remove approximately 711 cubic yards of shallow bottom to establish a depth of -7.0 feet NLW. Impacts to Essential Fish Habitat The project area is within a state -designated Primary Nursery Area. The dredging would disturb approximately 6,400 square feet of shallow bottom habitat and potentially impact neighboring _n salt marsh and oyster reefs. The SAFMC identifies shallow intertidal and sub -tidal bottom in estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp and for estuarine species within the snapper/grouper complex (e.g., gray snapper and gag). The SAFMC also identifies oysters and Primary Nursery Areas as Habitat Areas of Particular Concern (HAPCs) for shrimp, gag, and gray snapper. HAPCs are a subset of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates when located in these habitats. The SAFMC provides detailed information on the EFH requirements of federally managed species in amendments to the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region. The project area clearly functions as nursery habitat for federally managed species as well as other species of commercial or recreational importance including red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes and sharks). The NMFS recommends the applicant protect salt marsh habitat and oyster reefs adjacent to the project area from dredging impacts. The applicant should ensure a fifteen -foot dredge offset from coastal wetlands includes all emergent salt marsh vegetation, oyster reefs, and shell bottom to minimize environmental impacts to sensitive habitats. This buffer should be extended along the entire extent of the new bulkhead. This buffer should also consider any sloughing of basin side slopes expected to occur after dredging is completed. The NMFS has no further concerns about the project given the best management practices proposed to control turbidity and sedimentation from dredging and disposal areas. EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: • The permit should require a fifteen -foot dredge offset, based on the projected equilibrated side slopes, from coastal wetlands including all emergent salt marsh vegetation, oyster aggregations, and shell bottom. The offset should be extended along the entire extent of the new bulkhead structure. • The permit should require best management practices, such as field marking oyster reefs and shell bottom, to keep construction equipment and activities from encroaching into oyster and shellfish habitat. Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR Section 600.920(k) require the Wilmington District to provide a written response to this letter within 30 days of its receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" with the Wilmington District, an interim response should be provided to the NMFS. A detailed response then must be provided prior to final approval of i►A the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the response is inconsistent with the EFH conservation recommendations, the Wilmington District must provide a substantive discussion justifying the reasons for not following the recommendations. Thank you for the opportunity to provide these comments. Please direct related questions or comments to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 728-8750. / for Sincerely, �u VA. . Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE, Tyler.Crumbley@usace.army.mil USFWS, Pete_Benjamin@fws.gov NCDCM, Doug.Huggett@ncdenr.gov, Gregg.Bodnar@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net F/SER4, David.Dale@noaa.gov, Ken.Riley@noaa.gov DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 6, 2017 Regulatory Division Action ID No. SAW-2017-00778; 113 Windlass Drive Dock, Bulkhead, and Dredge / Lynn Bullard Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Lynn Bullard, to reconfigure and expand an existing private docking facility, dredge in the vicinity of the dock structure and to install a new timber bulkhead waterward of an existing bulkhead. The proposed project is located at 113 Windlass Drive, adjacent to Shandy Point Boat Basin, abutting Masonboro Sound, Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.202908 N,-77.825340 W. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. Best management practices identified as field -marking existing oyster reefs and shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 2. A 15-foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh vegetation shall be instituted. The 15-foot offset shall be extended along the entire extent of the new bulkhead structure. RECEIVED JUN 0 9 2017 DCM- MHD CITY -2- 3. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 4. The pern ittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 5. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 6. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 7. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 8. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 9. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety. 10. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. RECEIVED JUN 0 8 2017 DCM- MHD CITY RECEIVED JUN 0 9 2017 -3- DCM- MHD CITY 11. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 12. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 13. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 14. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 15. The permittee shall require its contractors and/or agents to comply with the terms and conditions 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 with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 16. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 17. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by me the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 18. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 19. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the pemrittee's discovery of the violation. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Copies Furnished: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 :2L Manager Wilmington Regulatory Field Office RECEIVED JUN 0 9 Z017 DCM- MHD CITY Ws Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wihnington, North Carolina 28405 RECEIVED JUN 0 9 2017 DCM- MHD CITY -7I-t7 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 28, 2017 Regulatory Division Action ID No. SAW-2017-00778 Ms. Lynn Bullard 3600 South College Road, Suite D Wilmington, North Carolina 28412 Dear Ms. Bullard: Reference your application for a Department of the Army permit to expand an existing docking facility, bulkhead replacement, as well as conduct dredging operations at 113 Windlass Drive, within the Shandy Point Basin, adjacent to Masonboro Sound, Wilmington, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization and attached Federal special conditions. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Branch, telephone 910-251-4170. Enclosures: Special Conditions CAMA Permit GP 291 conditions Sincere Ila Tyler Cbley Regulatory Project Manager REC -iVED DCM WILMINGTON, NC JUN 2 8 2017 Copies-fimished (wLenclosures) , Michael.Conard CarolinaMarine-Construction, The, 64,004, Caroiina Beach;Road,,M2 Wihmington, North Carolina 20412 Copies furiiished,(w/o enclosuresy Dr: Pace Wilber.. National;IVladne Fisheries Service. Habitat Conservation Division 219 Fort dolinson?Road. Charleston;, South.Carolhia .2941279110 Nat[oral-Maxing'Fisheries Service: Habitat Coiiservatibh Service Pivers:Islaiid " Beaufort,,North Carolina 28516 - i&. Doug -fuggett Division of"�oastalMaiiagement Nor&Carolina Department of Eavironmental`Quality 40Q Cognmerce Avenue lWorehead-_City, North Carolina 2855M421 Mg. -Debra Wilson Division of. Coastal Management North Carolina Department of Environmental Quality f27'CardinalDrive Wilmington„ North. Carolina 2.8405 Ms. &aran:Higgins Division of Water,Resources North -Carolina Depafthient of. Environmental Quality 1650. i�zaiiService. Center Raleigh, North Carolina 27699-1650, 2 Mr ;Pete Benjamin U.S. Fish and Wildlife, Service Fish and Wildlife Enhancement Post Offiee;Box 33726 Raleigh, North.Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Ptoteotion Division 61 Forsyth Street, SW Atlanta; Georgia 30303-8960, BOSN3 Mr. SCOT McAloon United Sfates :Coast Guard Sector North Carolina Waterways Management 2301 E. _Fort Macon Rd.. Atlantic Beach, North Carolina 28512 Ms. Heather Coats Division of Coastal Management North Carolina Department of Environmental; Quality. 127 Cardinal -Drive Wilmington; North Carolina 28405 Mr. Chad Coburn Division of Water -Resources North Carolina,Degartment of Environmental Quality 127 Cardinal Drive: Wilmington, North Carolina. 2840$ 3' Special conditions, '113Mindipss PrivefBAI'lard SAW 2017-00778. L. Best management practices identified as fietd-marking existing oyster-leefs and shell bottom tocations at low-tideshall be implemented in'order'Wprcvant constractiorf. and dredging equipment from' egatively impacting.*oqe,pesourqqs. 2. A 154bot dredge offset from All wetidft&, oyster 6ggiregatidn§,,sheft �bottoin, and .'.emergent salt ft ' shaTbeIii9tituted. TN& 154dot offset.shall be extended along the. entiie.extent of the new -bulkhead structure, .3. All, excavated materials Wilrbe confined -landward of the mean, high water leveLelevation contour, within adequate dikes or other retaining of dredged rrfatdrfWs into any vegetated wetlands or surrounding, waters: 4,. Tlkqpepni4cemust install and maintain, kthi4expei4sp„atiy_signal d si-.lights an signals prescribed prescribed by the U.S. Coast Guard, through regulations or-otherwise',on: authorized facilities.For hifther,info-tinati6n, the pediii'ttee should 6ontddt the U.S. Coast Guard Marihd. S-afety:Office at-,.(91 0) 1724191. 5. All work authorized by this permit .,must be performed in strict compliance with the; submitted plans, which are apart of this. permit; Any modification to these. plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 6. The docks, andpipro extendjpg'over wetlands will be elevated sufficiently (4 minimum of 34 feet);tbpyc-thelweiland-substratetoprevent total; 'shading of vegetationspbstrafeor other, elements of the aquatic environment. 7. The permittee understandsand agrees Ifiatif future operations by the United. States require., the removal, relocation, or otherafteratJoinj of the structure or work herein authorized, or if, in -the opinion of the Secretary qf�tbe Armyorhis authorized representative, said structure or -work shall cause, unreasonable obstruction to thefree navigation of the_navigablewaters,,the perinittee will he required, upon due notice from the.U.S.AnnytOrps of Eiigirieers, to ferrfovd,'relocate, &alter the structural work or ob9truotions.,caused'therdby., Without expense to the United State& 8. Approval of the structure is based on determinations that there would be no obstruction- to navigation. The structure maybe damaged -by-wave wash from ..passing vessels. Issuance of this Permit should not be construed, asrelieving th"Ornittee of faking proper steps to- insure the structure, and moored boats -will riot be, damaged -by wave wash, 9. The -authorized structure and associated activity must not interfere withthe public's right to free.navigation on all navigablewaters ofthe-Unite'd States. No attemptwill be mride bythe,permittee: to prevent the full andfideAise by, the. public of all navigable waters at or adjacent to theanthoriied work for, reason other, than safety. 4 10. Except as specified intlie plans attached'to. this permit, no excavation; fill.or mechanized land -clearing: activitiesshalltake place atany'time in the construction or maintenance of ibis project; in such a manneras to impair normal flows and circulation pattems:within waters or wetlands or to reduce, tite reach of waters or wetlands. 11, Except as authorized by this pennit or any, USACE approved modification to this'pennit, no excavation„fill.or mechanizedland-clearinsh g activities all take place atariy time in.the construction or maintenanae•of this project,, within waters or wetlands.. This permit does not'authorizc temporary, placement or double handling of excavated or.fiff material within -waters, or wetlands outside the permitted area. This,prohibition applies to all borrow.and fill;activities connected with this project. 17. All.ii echaimized equipment will be regularly inspected and maintained to prevent: contamination of waters'and wetlands from.fuels,;lubrieants, hydraulic fluids,, or other toxic materials, lathe event of'a spill of petroleum products or any other hazardous waste; the permittee shall: immmediately report into the N.C: Division of Water Resources at (919); 733 5083, Ext. 526 or (800) 662-7956 anclprpvisionsi of the North Carolina Oil Pollution andHazardous Substances Control Advill be,followed: 13. Unless otherwise authorized by this peunit, all fill material placed in waters or wetlands shall be generated from anupland.source and willbe clean and fee of.any pollutants except in trace quantities:, Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 14. if the permiftee discovers any previously unknown historic or archeological remains while accontplish ng the authorized work, he will immediately notify the Wilmington-DistrictEngiimeer who will initiate the required coordination procedures. 15. The permittee'shall require its contractors and/or agentsto comply with the terms and conditions 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 with a copy of this permit, A copy of this permit; including all.conditions,,shall be available -at the projectsite during; construction:and maintenance -of this project. 1`6. The permittee shall employ allsedimentation and erosion control measures necessary to prevent an increase in, sedimentation' or turbidity within waters and wetlands outside the permit area. This shall.include, but isnotlimited to, the immediate installation of silt fencing or similar appropriate devices around all areas sabject.to soil disturbance orthe movement.of.earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 17. The acfivitywill be -conducted in such a.nmanner as'tdprevent a;significaiit.increase in turbidity outside the area of construction or construction -related discharge: Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as troutwaters by the3Vorth Carolina Division of Environmental Management (NCDEM), 25'NTU's or less mall saltwater• classes and in all lakes andreservoirs; and 10 NTU's or less in trout waters,. are•not considered significant: 5 19. 7-he;perinittee, upon receipt of a nonce of teuocafiov of this permiYor upon.its expiration . befofe conipletion ofthe.work will, vhihoutl-dXpense to the Unifed,_States and in such time and manner::as the Secretary'of the Army or his authorizedrepresenfative may direct;.restore the water.or wetland=to its pre -project condition: 19 Violations ofthese conditions orvolations:of'Section 4;p4 ofthe Glean Water Actor Section 16 of the Rivers andl4kbors Acfmust be reported id writing to the Wile ington District Ci.S:Amiy-Corps of Engnmeers within U hours ofthe permittee?s discovery ofthe violation -. M Q sill ors Vietd- vm- v 3 17 8 9 BVKI ON'NO.LQN)VqllAAWOCI I MAIM03H jl T CV) UD cl; — ---------- ton -,iao A 1 43,-142- -qrjo�720 " Q1 Vz 'roPmp sle °T'r b�trxs U I - At �I . ��droN (.f�iv� `JfMlWnen�lw°ro� CC¢n}thJUuS> t , S1�G. IifEup OlP �>vsilkvv)rKF • �--�hF toi Trx &&V it v X 0 O ?1 V o u ct�k° j /l%`� (M �� 3 Seq l `� I c �cl?° L , ldeS66bke-! ),U; TOO' OLD IRON PIPE (01P) api OURN m \ krut &0 W'hy Y 3lu law 419 X- -lix qo Im HIGH WATER ISIT-THE 7.2 - V THE BULKHEAD' Mr, (NASD f Y. 20 woob RuLmm Lfol VL S�EW (rPFD X- 12 )OLO -x 6�� VOL wom pq X-0.0 x gig.. TJ 40 CFMOM l:I All MAR 2 -8 S �, EN..1 ^li4^Ci7LC Y9 t':'},�H tIM7-'.-riCiO 1`IW[YIYF; 7.I.Go[z5g4� A'Jt'•YJcY/�:a. -.. t.l. - '� _ ULJVU111111U1tt� ;. ti v �+� TUP OF OLD, IRbN" EVATIOtt OAOI PAP 88 IV .. wpcaPAO.I uuuWw+ salsa e� ntieC`, �,. tv -4 X-sk ail, } �s.s HIGH WAM 13 AT 111E r " ELEYAi M 1.48` (NAVb 88 1" y; x-} - T2 a�akul i X44jr - � w �• `" - � -3 2� wo99,1lVUQIFDll CEO X-7.iLA . } ( X-71 3. w XtM if I Cl� Zr' u e�luwr+�ti`-9a essc49 ag 1 -.a... X- I j j x47 y r; _ w y' xL7.a { ' 92944 WESIERl,Y X-4:9 GTON, 017 L'O / �dI Dc TE CONSTRUCTION, Inc #212witnington, NC 29412 C 910-793-0143 ARO00. March 14, 2p17 sfield T°' patr►claBras to replace his 01N�ctedb`�naintemighbnance dredger, Lynn andebuildh s floating W e have beebr ead, ,per? d in the enclosed DENR letter. I have also deteriorated ct deta-ls artwork being performed. If you have any questions, docks '?Tole . I &VVI 0-470-66 10 or CAMA Officer Courtney Spears enc� free o call me on 910. e -1215 • / waiver form for you to sign and return in the x0sed a riot have any questions. You can also scan a signed have encenvel°F to carolinamarineconstructionacharter.net opy if you preice. f� • .TM �arlkyou CERTIFIED o f^ RECEIPT a DoMestiC Mail Only �n rq 1>ky1 1!p,l 1, Aa;L" RJ Ceniffed Mail Fee "y C3 $ c- __ xtre 8 .,d (,ock..i HOMyy ,lrlJ _ _ ��j O ❑R•Nm RxWM mvLcrrD� d�-�-- 'lj�� O Realm R.N(el .) d 1i�. �:J Po.ITa� ❑Ger11fe0 MaIR�mw Cgi d 'k'�: _:I:( Hem-\ C3 ❑PtlWI Sh,n u RBp10(9C d jj, ril_ Ejmwtsig.e Rmukbe Maryd . O postage - . 9 nA Total Poetege end Fp.d 80 N, J110hayou 0 �hg . • o a0h t we M%e �d WW 3 • ` aL \ 1 a - k 1_-------,--r- o0jhajsoa�adCVD - P'9rdtYs, tronj2'joj %,C%o0 }}��,, ---------- � tspa%Aa CkOf �10 J,0;�,t�e pi ' 0 . a - EKED ln� 7a➢77 �t p kN e_ h' „. ,.•.1����11o62017 v v ������� ! �SyO "'n"� c ogg�j - MHD CITl 2 ��8 o y4o //���� °ej Of r��D.ii� WILCEIVED r NO rl'FCMAR 2 3 2017 A PR 2! ��p� CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: 4 Address of Property: l �� �✓/�� �G SS �� (Lot or Street #,/Street or Road, City & County) Agent's Name #: ✓I�U z/C AJef /d Mailing Address: /SAS �r.� � �✓>L �/ Agent's phone #: (9/u) z-1, 7o Alc I ? s�Lll1 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 with this letter. I have 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 availableathttp://www.nccoastaimanagemenLnet/web/cm/staff-listing orbycalling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature Print or Type Name Mailing Address City/State/Zip Telephone Number / Email Address Dare (Riparian Property Owner Information) Signature Print or Type Name RECEIVED Mailing Address ApR 0 6 2017 w f+M ni;HD CITY City/State/Zip Telephone Number/Email Address DCM wi ECEIVED Date MINGTON, NC (RevisedA40AR094A 2017 PARID: R06309-002-004-002 BRASSFIELD PATRICIA M Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners (On Januarylst) 315611.57,0184.000 148 SKYSTASAIL DR WILMINGTON D5S10 RES-Residential 10-1 Fam Res 1 R-20-RESIDENTIAL DISTRICT PT SHANDY POINT CLUB TR WM 148 SKYSTASAIL DR Owner BRASSFIELD PATRICIA M City WILMINGTON State NC Country Zip 28409 THE DATA IS FROM 2017 RECEIVED APR 06 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO MAR 2 3 2017 http://etax. nhcgov.com/pt/Datalets/Pr intData let. aspx?pin=RD63...roll=RP&State=1&item=1&items=-1&all =undefined&ranks= Data Iet 3/14117, 9:17 AM Page 1 of 1 Address Information 148 SKYSTASAIL DR WM NC, 28409 7__,r:,+_, �M1 60ft RECEIVED APR 0 6 2017 DCM- MHD CITY http://nhcgov,maps.arcgis.com/apps/webappviewer/index.html?id=cc3a41687ab441agg603a93ff8921beb 2 3 20W14/17, 9:22 AM Page 1 of 1 V- CAROLINA MARINE CONSTRUCTION, Inc 6400-8 Carolina Beach Rd. #212 Wihnington, NC 29412 910-793-4143 March 14, 2017 To: Richard & Tamara Pasin We have been contracted by your neighbor, Lynn Bullard, to replace his deteriorated bulkhead, perform a maintenance dredge and rebuild his floating docks. Project details are included in the enclosed DENR letter. I have also enclosed drawings depicting the work being performed. If you have any questions, feel free to call me on my cell 910-470-6610 or CAMA Officer Courtney Spears 910-796-7215. I have enclosed a notification / waiver form for you to sign and return in the enclosed envelope if you do not have any questions. You can also scan a signed copy if you prefer and email to carolinamarineconstructionacharter.net Thank you for your assistance. Thank you, Michael Conard F ostal Servicer"TIFIED MAIL° RECEIPT ic Mail Onlyery Information, visit our website at www.usps.cam'. rl g_is ,. . ,— -.. ... _ nJ ed Melt Fee - C ervlcaed ea9 fNNct EmG eJgMttlrP, ,kf�r) ❑newm Receipt ltlebwM d—s-�.� O ❑Rswm Receipt (e�emm�is) d # V . U'! Padbrwk cz)e", ❑CMinea Mail Reswdea DeMY d 'k'i' -iVl - Flare ❑OCWt 519newre Reeulrta d 3.��" ❑noun s9newre RaHrlcwE Ue9r!rY 6 M -1 postage - •'' __. �. _ r y�11'e ~ fLl Total Poeta9e cv rG... 5 _______________________________._._. 0 3ireei en .. or IWd DY r t�°U°, nri4/1A ------------------ RECEIVED APR 0 6 2017 pCM- MHD CITY RECEIVED DCM WILMINGTON, NO MAR 2 3 2011 z CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Address of Property: ) 1 -� Q),J I qr s 'D(- (Lot or Street #, Street or Road, City & County) Agent's Name #: M 12 AU-t.C, &N a f-A Mailing Address: 4� 9,) S- 2 �1/.ea ✓! I� Agent's phone #: (g io) L4Zo —62610 614�1 SIC 99YO 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 with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is beingproposed, 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 http://www.nccoastaimanagement.net/web/cm/staff-listing orby calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) _All+ I do wish to waive the 15' setback requirement. 1 do not wish to waive the 15' setback requirement. (Property Owner Information) (Riparian Property Owner Information) Signature Signature Print or Type Name Print or Type Name Mailing Address Mailing Address HEGEIVED City/State/Zip City/State2ip APR 0 6 2017 Telephone Number / Email Address nrnn_ W Telephone Number/ Email Address ID CITY RECEIVED Date Date uCMWILMINGTON, NC (Revised Aug..20 l 3 2017 PARID: R06309-002-001-000 w PASIN RICHARD J TAMARA W Parcel Alt ID Address Unit city Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning 315611.57.1092.000 109 WINDLASS DR WILMINGTON D5S10 RES-Residential 958-Unused Land 0 R-20-RESIDENTIAL DISTRICT Legal Legal Description DOCK AREA 24 SHANDY POINT Tax District WM Owners (On January1st) Owner City State Country Zip PASIN RICHARD J TAMARA W WILMINGTON NC 28409 THE DATA IS FROM 2017 109 WINDLASS DR RECEIVED APR 0 6 2017 DCM- MHD CITY ECEIVED DCM gqWILt6�MIN TON, NO http://etax.nhcgov.com/pt/DataIetsiPrintDatalet.aspx?pin=R063_. rot I=RP&State=1&item=1&items=-1&a 11=undefined&ranks'xY4 4ii2 3 201j1117, 920 AM Page 1 of 1 PARID: R06309-001-018-000 PASIN RICHARD J TAMARA W Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners (On Januarylst) 315611.57.3167.000 109 WINDLASS DR WILMINGTON D5S10 RES-Residential 10-1 Fam Res 1 0 R-20-RESIDENTIAL DISTRICT SAME AS LOT 2 SHANDY PT WM Owner PASIN RICHARD J TAMARA W City WI LM I NGTON State NC Country Zip 28409 THE DATA IS FROM 2017 109 WINDLASS DR RECEIVED APR 0 6 2017 DCM- MHD CITY RECEIVED DCMWIILMINGTON, N http://etax.nhcgov.com/pt/Dataiets/PrintDatalet.aspx?pin=R063... roll=RP&State=l&tem=l&items=-1&all=undetined&rank"-3IA323174/17,C 9:18 AM Page 1 of 1 Parcel Information t PID: R06309-001-018-000 A /API D: 315611.57.3167.000 1AN DKEY: 315611.57.3167 Calculated Acreage: 0.68 Click for ETAX Details .....:n to a. —INIRL, V. RECEIVED APR 0 6 2017 DCM- MHD CITY http://nhcgov_maps.arcgis.comiapps/webappviewer/index.html4id=cc3a41687ab441a99503a93ff8921 beb MAR 2 3 20173114117, 9:28 AM Page 1 of 1 PARID: R06300-001-022-000 BULLARD JAMES L SUSAN P 113 WINDLASS DR Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners (On Januarylst) Owner City State Country Zip s 315611.56.6854.000 113 WINDLASS DR WILMINGTON D5S10 RES-Residential 10-1 Fam Res 1 8.12 R-20-RESIDENTIAL DISTRICT LOT 1 SHANDY POINT WM BULLARD JAMES L SUSAN P WILMINGTON NC THE DATA IS FROM 2017 RECE[VED APR 0 6 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO r WvA 232017 http://etax.nhcgov.com/pt/Datalets/PrintDatalet.aspx?pin-RO63...roll=RP&State=l&item=l&items=-1&all=undefined&ranks=Datalet 2119/17, 6:24 PM Page 1 of 1 I zParcel Information PID: R06300-001-022-000 i ill • I i- • •' i` MAPID:315611.56.6854.000 ■ 13 MAPIDKEY: 315611.56.6854 Calculated Acreage: 8.12 Click for ETAX Details Zoom to 0 L_, ... RECEIVED APR 0 6 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO http://nhogov.maps arcgis.com/apps/webappviewerlindex.htmi?id=cc3a4l687aba 4 7 a s 9503a93ff8921 beb 2/19/17, 11:16 AM Page 1 of 1 s� Parcel Information PID: R06309-002-001-000 MAPI D: 315611.57.1092.000 e MAPIDKEY:315611.57.1092 Calculated Acreage: 0.03 Click for ETAX Details Zoom to 60ft RECEIVED APR 0 6 2017 DCM- MHD CITY a http://nhcgov.maps.arcgis.com/apps/webappviewer/index.htmt?id=cc3a4l687ab441a99503a93ff8921beb Wii 2 9 0 17/17, 9:20 AM Page i of 1 N� Coastal Management ENVIRONMENTAL QUALITY April 4, 2017 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for Lynn Bullard / New Hanover Co. ROY COOPER Govemor MICHAEL S. REGAN Secretary Kyle & Heather: Please publish the attached Notice in the Thursday, April 6, 2017 issue. BRAXTON DAVIS Director The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM RECEIVED APR 0 6 2017 DCM- MHD CITY State of North Carolina 1 Environmental Quality I Coastal Management 127 Cardinal Dnve Ext, Wilmington, NC 28405 910-796-7215 r-im NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On March 23, 2017, Lynn Bullard proposed to expand and reconfigure an existing docking facility, install a new bulkhead & riprap, and to perform maintenance excavation at 113 Windlass Dr., adjacent to Shandy Pt. boat basin, in Wilmington, New Hanover County. A copy of the application can be examined or copied at the office of Courtney Spears, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796- 7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 27, 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 APR 0 6 2017 DCM- MHD CITY State of North Carolina I Enviromnental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY March 29, 2017 Mike Conard 6400-8 Carolina Beach Road #212 Wilmington, NC 28412 Dear Mr. Conard: ROY COOPER Oavemm MICHAEL S. REGAN Secretary BRAXTON DAVIS Dimcmr The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Lynn Bullard, for State approval for development of the subject property located at 113 Windlass Drive, adjacent to the Atlantic Intracoastal Waterway and Masonboro Sound, in Wilmington, New Hanover County. It was received as complete on March 23, 2017 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 6, 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 June 6, 2017, 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. Si ely, �Z Courtney pears' Field Re resenta've cc: Heather Coats, DCM Tyler Crumbley, COE Doug Huggett, MHC Robb Mairs, DWR Christine Bouffard, LPO Kathryn Thurston, City of Wilmington RECEIVED Lynn Bullard, Applicant APR 0 6 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 NOW r � �7,A ^ N Q l� CAMA PERMIT APPLIED FOIE PROJ Y I opt GIVy ca.. v w 7 at 113 Win lass Dr,, New Hanover County COMMENTS ACCEPTED THROUGH April 27s 2017 APPLICANT: Bullard 3600 S. College Rd. Suite D Wilmington, NC 28412 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 U Courtney Spears, Field Representative 910-796-7423 V DCM % DWQ % Development Ta 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 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $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 11I(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 APR 0 6 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO MAR 2 3 2017 16 ?-0 1 Date Date Name of Permit Check Check I Check From (Name) Vendor Received Deposited Holder Number amount Carolina Marine Construction 3/23/2017 Inc.- Mike Conard Lynn Bullard First Bank Major/Minor Permit Receipt # NOTES Number/Comments major fee, 113 Windlass Major Dr., Wilm NHC CS rct. 3616D No split 10709 $250.00 H N W p = � U � ¢ � U 0 cps Coastal Management ENVIRONMENTAL QUALITY June 6, 2017 Carolina Marine Construction c/o Mr. Mike Conard 4925 Red Heart Drive Wilmington, NC 28412 Email: carolinamarineconstruction@charter.net Dear Mr. Conard: ROY COOPER Governor MICHAEL S. REGAN seaemry BRAXTON C. DAVIS D&ecW This letter is with reference to your application for a Coastal Area Management Act Major Development permit, acting as agent for Lynn Bullard, to undertake development activities at property adjacent to Shandy Point Basin, at 113 Windlass Drive, in Wilmington, New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make August 20, 2017, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. Sincerely, Ama Ct� Heather Coats Assistant Major Permits Coordinator RECEIVED cc: Wilmington/MHC Files JUN 12 2017 vTyler Crumbley, USACE Robb Mairs, DWR DCM- MHD CITY State of North CaroNta I Environmental Quality I Coastal Management Wilmington Office 1 127 Cardtrai Drive Extension I Wilmington, North Carolina 28405 9107967215 THE ATTORNEY PREPARING THIS INSTRUMENT HAS MADE 00 RECORD SEARCH OR TITLE EXAMINATION AS TO THE PROPERTY HEREIN DESCRIBED, UNLESS THE SAME IS SHOWN BY HIS WRITTEN AND SIGNED CERTIFICATE. RETUANIQ Mail after recording to James Llewellyn Bullard, I I "Windlass Dr. This instrument was prepared by Wilmington, NC 28403 Jackson, Mills & Carter, P.A., 5' Brief description for the Index: Lot 1, Shandy Point Parcel No: 6300-001-022-000 Revenue Stamps: $1,000.00 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER APR 016 2017 GENI RECEIVED DCM- MHD CITY,WILMINGTON,NC n MAn B 3 2017 THIS DEED made this 1 day of �,U 2010 by an and wife BESSIE W. BULLARD, 113 WiAdlass Drive, Wil GRANTOR and iAMEfi LISWRLLYN BULLARD and wife c http://search.newhanoverdeedscom/eiew image. php?file=2010018705-00&type=tit&filesavename=B5496-P218o 2/19/17, 6.33 PM Page 1 of 2 113 Windlass Drive, Wilmington, NC 28409 hereafter GRANTEI Grantee as used herein shall include said parties, their heirs, su( include singular, plural, masculine, feminine or neuter as required WITNESSETH: That the Grantor, for a valuable in consideration of One Thousand a good and valuable consideration paid by the Grantees, the receipt o has and by these presents do grant, bargain, sell and convey unto tl parcel of land situated in New Hanover County, North Carolina, rE Estate for the life of the last to die of J. Don Bullard and Bessie W. particularly described as follows: BEING ALL THE PROPERTY DESCRIBED ON E: ATTACHED AND MADE A PART HEREOF BY REFS The property hereinabove described was acquired by Grantor by Hanover County Registry in Book 1025, Page 887. TO HAVE AND TO HOLD said remainder interest in the afore privileges and appurtenances thereto belonging to the Grantee in the Life Estates reserved herein Grantors shall be responsible for and maintenance costs for the property and Grantees shall be rest for fire, theft, wind, hail and flood insurance policies. r W U > o eo = W o � U W a http://search.newhanoverdeeds.com/view. image. php?fHem 2010018705-00&type=of&filesavename=B5496-P2180 2/19117, 6:33 PM Page 2 of 2 NC Division of Coastal Management AEC: Greenville Sound Fee: $ I- l # /a �M y Major Permit Application Computer Sheet CDAITS ✓ MHC cc ✓ Applicant: Lynn Bullard AgentlContractor: Carolina Marine Construction c/o Mike Conard Project Site County: New Hanover Staff: Courtney Spears District: Wilmington Project Name: Bullard Dredge, BH & Docking Facility Replacements Rover File: We River Basin: Cape Fear Initial date of application submittal: 3-23-17 Date application "received as complete" in the Field office: Permit Authorization: ❑ CAMA ❑ Dredge & Fill Woth SITE DESCRIPTIONIPERMIT INFORMATION ORW: ❑Yes CRNo I PNA: 2kes ❑No Photos Taken: Yes No❑ NA Setback Required (riparian): Yes E5No Critical Habitat: ❑Yes ❑No Pot Sure 15 foot waiver obtained: ❑Yes PNo Hazard N tification Returned: ❑Yes RN'o SAV: ❑Yes o ❑Not Sure Shell Bottom: ❑Yes No El Not Temporary Impacts: Yes ❑No Sure Sandbags: Yes o ❑ Not Sure Did the land use cl ssification come MitigationRequired (optional): from county LUP: PYes ❑No ❑Yes No Moratorium Conditions: Environmenta ssessment Done: Len of Shoreline: t Yes [--]No ❑NA ❑Yes ❑No A FT. Shellfish Area Desi nation: Project Description: (code) Development Area: (code) Open -or- Close e SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) RECEIVED El (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 II(A) Private w/ D&F up to 1 acre; 3490 w. D&F to 1 n be applied - $250 acFe; can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major X 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 Bullard, Lynn Date: 3-23-17 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 t Dimension 2 Dimension 3 Dimension 4 One One New Work Repla Z Maint ❑ ❑ Y N r r 5 New Work 9L Maint ❑ Replace ❑ Y N y, ` / L fMaint New Work Replace ❑ ❑ Y N New Work PL Replace Maint ❑ Y ❑ N lylr Work Replace Y. ��] j O Mew N C/ I S W Maint ❑* ❑ YReplace N ^ New Work Replace (� 3 IC. Maint ❑ DY36N kv sit l t' New Work Replace Y-jd N 100 Maint ❑ ❑ Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount ODredge ❑ Fill% Both ❑ Other ❑ Lf /Z D(/,) Dredge ❑ Fill ❑ Both ❑ Other )� (0 Dredge ❑ Fill*Both ❑ Other x /0 14(Z b Dredge ❑ Fill Both ❑ Other ❑ ✓v Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1-888-4RCOAST :: www.riccoastalmanaaement.net revised: 10/12/06 CAROLINA MARINE CONSTRUCTION, Inc 6400-8 Carolina Beach Rd. #212 Wilmington, NC 28412 910-793-4143 March 14, 2017 To: Patricia Brassfield We have been contracted by your neighbor, Lynn Bullard, to replace his deteriorated bulkhead, perform a maintenance dredge and rebuild his floating docks. Project details are included in the enclosed DENR letter. I have also enclosed drawings depicting the work being performed. If you have any questions, feel free to call me on my cell 910-470-6610 or CAMA Officer Courtney Spears 910-796-7215. I have enclosed a notification / waiver form for you to sign and return in the enclosed envelope if you do not have any questions. You can also scan a signed copy if you prefer and email to carolinamarineconstruction@charter.net Thank you for your assistance. Thank you, Mlldhael Conard ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed : Ppr%Ucl IIIIIIIIIIIIIIIIIIIIIIII IIIIIII (IIIIIII IIIIIII 9590 9402 2376 6249 7411 71 7016 2710 0000 0521 8503 Ps Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Mail Only For delivery information. visit our website at t-mmusps.com'. Postmark Here Agent C. Dad of Delivery _ -- - D. Is delivery address different from Item 17 t.l Yes It YES, ente4c@ll ed"V L pIN uUvt WILMINGTON, NC MAR 3 0 2017 APR cervlee type ❑PaortyMffi ExRrelev - Adult Signature ❑ Registered Mall - Adult Signature Restricted Delivery ❑ Reegglsteed Mail Restricted CeNfled Mail® D�Ilvery Certified Mall Restricted Delivery ❑ Return Receiptfor Collect on Delivery Merchandise Collect on Delivery Restricted Delivery El Signature ConfirmationTM Mail ❑ Signature Confirmation Mall Restricted Delivery Restricted Delivery - om Domestic ReV.i Receipt I EIVED ,HD CRYo6 2017 DCM- MHD CIT` DCM WEEIVED LMIINGTON, NC MAR 2 3 2017