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
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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
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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
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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
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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
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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 -.
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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
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A PR
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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'.
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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
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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
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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
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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.
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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
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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