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47-17 (49-17) Cortes, Armando & Candy
NEW Permit Number 47-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit RECEIVED MAY 17 2017 for DCM- MHD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Armando & Candy Cortes, 5918 Cedar Landing Road, Wilmington, NC 28409 Authorizing development in New Hanover County adi. to Hewlett's Creek, at 5918 Cedar Landing Road. Wilmington , as requested in the permittee's application dated 3/5/15, incl. attached workplan drawings (2) 2 of 3 dated 3/16/15, and 3 of 3 dated 11/21/14. This permit, issued on April 20, 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 Pe subject to tines, imprisonment or ctvu action; or may cause me permit to oe nun ana vota. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the 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. (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. %� Braxton rDavis, Director Division of Coastal Management This permit and its conditions are hereby accepted. X �41t . 6it4l& gnature of Permittee Armando & Candy Cortes Permit No. 47-17 Page 2 of 3 ADDITIONAL CONDITIONS 3) 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. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 3 formalized boat slips. 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridors. 7) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 8) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 9) The authorized covered platform shall be single story, and shall not be designed to allow for second story use. 10) 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. 11) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the erRE r'& permitted structure. MAY 17 2017 General nn �j 12) The permittee and/or his or her contractor shall meet with a representative of 1hZ ivisio Hprior � ITY project initiation. 13) 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. 14) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. Armando & Candy Cortes ADDITIONAL CONDITIONS Permit No. 47-17 Page 3 of 3 15) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit 197800056 (Action ID No. SAW-2015-01823), which was issued on 8/21/15. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 2015-0871. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED MAY 17 2017 DCM- MHD CITY Division of Coastal Mana eQ ment Application Processing Notes Applicant: CdTelS Tvve (check all that NEW ✓ / MAJOR MOD MINOR MOD RENEWAL. _TRANS' ' R Permit Coordinator: k 601� t(CI.CIVED Field Representative: V Mo�a-� n 2017 Datefr Message DCM- MHD CITY Iz/zz/ie 6fOLE To ko6b A�70u7 (}Zo fX?gtT 5 Gee s �o Nr- P1;— � � �P� e-n c��% TItF IOEPT ttS �IvL=1J 1 N i �1E � o � ik�= i t�� crr,�J Ttt7�-► � ��� ��cP�,�n� (� �it�CD rt�S gini� G�l(�ii.�t_ 1�$Pu G� �► �i (�On i ri u.Yt-t.. Narlh Cm1crJ 'P(ZDP2rfryt CeN� I�Z3�r4 StT►r pr�:,i�L. �.E���� T� �,�;criw�. l �� nnr / I�N�G00w�tJ2-� tRa—�G_�E Wkcour�o'aG �Tt+�jnS-CoeVS w Nor�6 ��� pwe pofjrc iaCsAL�� NQW N Vw CaznjiEoVwa�-li,/ RQr. Vic. ORLTv LB7 t72 gt6 S"rmC Me�T 0 No C�CnoN S� o S � W maa..q pA*h S+�J Cvanvi 0 (hrso �iscnssra� t,,;ynet; o f �i�j�l� C OV\►JOS o W61,600_ (o A�Pr�k{ �t�flt d�GuYo {DOSS 4eE9Ji�L,' 6 iT 14/ l7/ 17 �� ( i%I�( �[:12,Y1i i l gjEGT i 1 LEZ Tr) 6�4 Fce I�VIEWG'>7 CkR� I �M 03t I c4:z1x) _Gnck►. i A-rn� 011 1. i Is DIVISION OF COASTAL MANAGEMENT Application Processing Notes M Type: (check all that apply) . New Major Mod_ Permit # Minor Mod_ Renewal_ Transfer_ Permit Coordinator: Field Date Time Message N CoNStst-. W/ C (T'Y Goon 10/Z/I�; -W, -ILL D V-e(3 fj2oen ft&ovr-0-ftc ow 7W-e� TD iZeSaLvt Si�i'- ocM MP-1 APPLICATION for Major Development Permit past revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name A ,elmi MI Last Name eve Applicant 2: First Name MI Last Name __ If additional applicants, please attach an additional page(s) with names listed. Mailing Address 5`19 CMAIZ 6Aw6cn/(A 9,6. PO Box City 111-^Aou6ro.v State NC ZIP Zg `l0 Country Phone No. A167v AWVL► OZt ext. FAX No. Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Infonnation Business Name Agent/ Contractor 1: First Name MI Last Name bAlu1&-Z— Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 350 (a 7?1-u- )Pi-v E ; �1 r .k rco-✓ ill C- ZIP Phone No. 1 Phone No. 2 28 A10 glo &R� - b 003 ext. - - ext. FAX No. Contractor# Street Address (d different from above) City State ZIP AUG 2 4 2M Email W-"4AOAd �1540 �itiv/&L @ 0✓t_/2r3C�«�2r.(fr; Gam. RECEIVED <Form continues on back> DCM WILMINGTON, NC AUG 0 6 Z015 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Addressb Stale Rd. # ,t,OL-1 AW'JQa&7"'-, J�9 / 7 CkAIVZ bI N Y 1? Subdivision Name City State Zip 6ezl4 Z L/i�vA rN(- �d lvrrau..� G?�+-�i NC 7,c Phone No. Lot No.(s) (dmany, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project CsFr/�E �ta4-2 LLc�L 'GILE c. Iter body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. atural ❑Manmade ❑Unknown / e. roposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Yes ❑No X work falls within. Gv/& 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 138 S 7&8B c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water leveq r (If many lot sizes, please attach additional page with a list) NHW or ❑NWL y e. Vegetation on tract W f. Man-made features and uses now on tract 5Hv6c.0 Pid-- g. Identify and describe the existing land uses adiacent to the proposed project site. / CS4A6-.v , tr+L__ h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R — 0 (Attach zoning compliance certificate, if applicable) ❑No DNA [ ?Yes j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes o DNA RECEIVE If yes, by whom? AUG 2 4 I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes No ❑NA CiLW4AMM National Register listed or eligible properly? 015 0=0*0 RECEIVED <Form continues on next page> DCM WILMINGTON, NC AUG 0 6 2015 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? Nyes []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 No (Attach documentation, if available) n. Describe existing wastewater treatmentfacilities. S&� v o. Describe existing drinking water supply source. C',FP«A4 p. Describe existing storm water management or treatment systems. /N -+- 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment ArnvatelCommunity b. Give a brief description of purpose, use, and dairy operations of the project when complete. pat ✓Mrc- VACIC'f Y`7 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. 5..0 -L.(, )0rc,cr S&rr"--vto /"514sc- d. List all development activities you propose. �{� ���5 %�I"i\ iO� w/7✓/ TL-014'%ZYt��O Lib C�l�/ � e. Are the proposed activities maintenance of an existing project, new work, or both? iV 6-k." 1"0 2/< f. What is the approximate total disturbed land area resulting from the proposed project? / nQ f %3Sa.Ft or ❑Acres l '7 _ g. Will the proposed project encroach on any public easement, public accessway or other area gees o ❑NSA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Will wastewater or stomtwater be discharged into a wetland? ❑Yes o ❑NA RECEIVED 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 o ❑NA If yes, attach a mitigation proposal. h".dMyWr/ka of <Form continues on back> RECEIVED DCM WILMINGTON, NC Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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 fo-- 4 ^- r "---t Phone No. Address ?'11'7 Ivielp Ale ';?6Y05 Name 6&-44A 444 .6,rti(, POA- Phone No. Address -9047 A4&A-10ew 64,00/< �s iurL��NLr ';-7F90 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 3 5120 /S Print Name A44iv tE.'Z2 S/-I"eL Signature RECEIVED Please indicate application attachments pertaining to your proposed project. AUG 2 4 105 ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts 0"u-"010cjfw ❑DCM MP-3 Upland Development /KCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC 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❑Publia/Govemment �j{Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number (III) Length (iv) Wdth �,t (v) Floating ❑Yes IyNo e. (i) Are Platforms included? es []No If yes: / (11) Number (III) Length 1(0 (iv) Wdth 147 (v) Floating ❑Yes No Note: Rooted area are calculated from dripline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing I. Check the proposed type of siting: ❑ Land cut and access channel DOW water; dredging for basin and/or channel pen water; no dredging required ❑Other; please describe: k. Typical boat length: 2*I m. (i) Will the facility have tie pilings? []Yes o (ii) If yes Aumber of tie pilings? [I This section not applicable b. (i) WII the facility be open to the general public? ❑Yes o d. (1) Are Finger Piers included? Xes []No If yes: III) Number (III) Length_ (iv) Wdth (v) Floating Yes []No f. (i) Are Boatlifts included? (Yes []No If yes: (ii) Number (III) Length TK— (iv) Wdth h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies Dockage ('Wet slips") only, number of slips: -- ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). —A2ff7lJ P"-VIiiOU-1— RECEIVED JArUB 2y4�J7016 I. (1) Will the facilittt 4be open to the general public? ❑Yes �Jo // _ RECEIVED DCM WILMINGTON, NC AUG 0 6 2015 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/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. (it) 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? RECEIVED I. If this project is an expansion of an existing marina, what types of services are currently provided? AUG 2 4 2015 µia�! DCM WILMINGTON, NC AUG 0 6 2015 Form DCM MP-4 (Structures, Page 3 of 4) in. Is tpa marinaidocking facility proposed within dma or secondary nursery area? Yes []No n. Is the marin ocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes WNO o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandsimarsh (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 ❑SS OWL gone p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? []Yes X - 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 strudure(s): ❑Commercial ❑PubliciGovemment ❑PdvatelCommunity (ii) Number (iii) Length IN) Width Note: Roofed areas are calculated from ddpline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) `(This section not applicable a. (i) Number (e) Length (III) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) XThis section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the sttucture(s): ❑Commercial ❑Public/Govemment ❑PdvatelCommunity c Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) AU6 9 4 Ina RECEIVED DCM WILMINGTON, NC AUG 0 6 2015 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of st ucturg(s) to adjacent riparian property lines > /5 Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of Wier body +/ 5YO e. (i) Will navigali al aids be required as a result of the project? ❑Yes No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. > 32 d. Watgr depth at waterward end of structure at NLW or NWL L NLkJ B. OTHER This section not applicable a. Give complete description: Date 3/512-vI5 Project Name ,, �. �r.� g �/ a7 Applicant Name J4N t U7, SAcl A!_CJ—1 Applicant Si RECEIVED AUG 2 4 2015 N RECEIVED DCM WILMINGTON. NC AUG 06 2015 TNIS PROPERTY IS IN A FVVOUSLY RECORDED SUBDIVISION FOR THE PURbdRFS OF SECTION .1604 (a) (g) OF THE ST RDS OF PRACTICE FOR LAND SURVEYING INN CAROLINA. EXISTING BEARING CONTROL VIV TIES TO APPROPRIATE NATURAL MON TS REPLACE THE MANDATED TIE TO NORT OUNA GRID. LEGEND EIP - EXISTING IRON PIPE ECM- EXISTING MONUMENT EIR - EXISTING IRON ROD AXLE- EXISTING AXLE ♦ - CABLE PEDESTAL ® - TELEPHONE PEDESTAL ® - WATER METER 0 - LIGHT POLE N - ELECTRIC PEDESTAL 10 - YARD INLET REFERENCES D.B. 3215, PG. 120 M.B. 28, PG. 140 AREA 0.87 +/- ACRES N/F MILAM D.B. 5519, PG. 2661 HEWLETT'S CREEK A" 32 W N76 10' ACCESS EASEMENT M.B. 28. PG. 140 AXLE — a 0' o. 10. pG4 O0RlE 1 COHSERCA L 9 . �AO� W B 28. - A / TS N �Irx RE rAwaw PROPERTY LINE .« _ eFTO n\\dAll(( H 0 19. N GENERATOR ea`G.A G r P ® t9 i A UNITTS LE1flWL r.l m CIXICNEIE wiw POCK i 34DEWALK N/F STOVALL D.B. 3021, PG. 212 9 4�f C�CRL� N32'17'21'W 5 S p1.18.O' Na E Ell P R.20.00 LP rANN—+C R.A5, �� 5 A ER UNOERgIQ11D yeti J` YN CAI?O� EIP S59'06'58'E NScP EIP N59'00'00'W 255.00' ``04'oFEsei0+��y snz ECM ECM ECM CEDARROAD ;n SEAL �:'- I 40' R/W — — L-4955 FISHER •� ✓yS., BURN •.�p`�� D.B. 5347, PG. 489 °X0"IMi1t"Y��` I i, JASON M. FAILLA, PROFESSIONAL LAND SURVEYOR BOUNDARY & PHYSICAL SURVEY FOR L-4955 CERTIFY THAT THIS MAP WAS DRAWN FROM AN ACTUAL FIELD SURVEY PERFORMED UNDER MY DIRECTION ARMANDO & CANDY CORTES AND SUPERVISION. THE ERROR OF CLOSURE CALCULATED 5918 CEDAR LANDING ROAD BY LATITUDES AND DEPARTURES IS 1/ 10,000+. LOT 3, CEDAR LANDING THE MISCLOSURE IS DISTRIBUTED BY THE CRANDALL METHOD AND THE AREA, IF SHOWN, IS CALCULATED BY HARNETT TOWNSHIP: NEW HANOVER COUNTY, NC ELECTRONIC COMPUTER USING OPD METHODS. THIS MARCH 24. 2014 MAP IS PREPARED IN ACCORDANCE WITH GS 47-30 AS AMENDED. WITNESS MY HAND AND SEAL THIS THE SHE I I I I I DAY OF MARCH, 2014. T A n BAR GRAPH I kxb . 40 It. FLOOD W13 WRIGHTSVILLE AVE. UNIT 159 (910) 791-1212 WILMINGTDN, NC 26407 (910 279-7624 FIRM/ C-3544 E-MAIL : ja foi!1970yahw.G RECEIVED AN 2 4 20b ♦V Im-ww RECEIVED VILMINGTON, NC IG 0 6 2015 Pao. I o� 3 HARRN .8 f3.6-rT'l S 59/4 CtuAP LAn,a, uh w(7Ta.vl NC_ P4-0Rr Q� et Qysr6�Sh, s A. L c o m �m c �m c. n 00 z �• X z = .cpDc)��y�a� PROPERTY( OF: Z 'At� � /4"ANAO B CANDY CORTFS 09 n,7 a� n i Gql $ Cb%AA, L.4A;AINb Ab WAY M 1LAM j N WJLAINGTDAl/ NC, 1840q RAymalp SA&LARp •� ac` J 6818 Grt�Eawu6 t�p1 s 1�1�EaoN(,T lI art. 28409 h t .LN4 In / m r t` l PROPOSES PVAllo y / GAZEBO -r 0 b c"s -I' Ar NLW ,PRoPoSoh aYL -54' ItLOA" C WrM (o'A!o' LANts1N(e FOR RAMP PROPOSC,n )4' Y. 14! 3OAT- L.If`1- r u T 0 a IrLow Ist cm j4r-WL,rT S -CREFK SE-C.Tlot4 VIEW S D, J+AN D Ri41 L� 545 r-c-A ; 4X4 fbsTS, 2zA TO * &7-MAi RA/LSt I-Aa CAP \ i5X I ST-Wq & S (A s3 STRA TE- $" tvA. Pl&-0,16S i I n � o F0 m �Ln < m ER9m Jl Z N m O W o M Z 0 t pR©Pesct jb"ri a., i+�klcErT 64ze-'6� Roof PiCiL y waftsa a'*Am pout pRoPesab BOAT L-(Fr PROsgcT: CaareS - 59►g SCAAOZ cANa►N(v ►t&. I ,11A-7-C► 11I2►l All Su40 1 1 " s I0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Armando and Candy Cortes c/o Daniel Shirley 2. LOCATION OF PROJECT SITE: 5918 Cedar Landing Road, (Lot 3 Cedar Landing Subdivision), adjacent to the Hewlefts Creek, in Wilmington, New Hanover County. Photo Index — 2006: 23-7389: 21, 0 2000: 23-287: 3, 0-P 1995: 23-270: 15-16, Q State Plane Coordinates - X: 2346302 Y: 162909 Latitude: 34011'31.73"N Longitude: 77051'17.57"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/19/2015 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 08/06/2015 (completed) Office — Wilmington 6. SITE DESCRIPTION: 1*1 (A) Local Land Use Plan — Wilmington/New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Sewer System Planned - N/A (F) Type of Structures: Existing — Single family residence and portions of a community docking facility Planned — Pier, platform, floating dock and boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (shading) 600 sq. ft. (B) Non -Vegetated Wetlands (Open water incorporated 1,592 sq. ft. (C) Other(Highground) (D) Total Area Disturbed: 2,192 sq. ft. (0.05 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No PROJECT SUMMARY: The applicant proposes the construction of a private docking facility within Hewletts Creek. RECEIVED AUG 2 4 2015 chc+rs{uyy,Gw Cortes �je'2 9. PROJECT DESCRIPTION: The project site is located at 5918 Cedar Landing Road (Lot 3), adjacent to Hewletts Creek. The site is located within the City of Wilmington, New Hanover County. To locate the property heading south from Oleander Drive (NC Highwayl7), turn left onto Greenville Loop Road and travel west past Bradley Creek Elementary School approximately 1.3 miles. Turn left onto Cedar Landing Road within the Cedar Landing Subdivision and continue to head southeast until you reach the property of interest, which will be located on the right at the end of the cul-de-sac. The applicants currently maintains a single-family residence on the property, which ranges from approximately 2'-15' above normal high water (NHW) and the approximately 138' of shoreline is currently stabilized by vegetation. Adjacent to the shoreline, there is a border of Coastal Wetlands, approximately 100' in width. The marsh vegetation consists of Smooth Cordgrass (Spartina aflemfflora), Spike Grass (Distichlis spicata), and Salt Meadow Grass (Spartina patens). Several small shrubs just waterward of the highground includes; Wax Myrtle (Wca cerfera), Marsh -elder (Iva frutescens), and Grounsel-bush (Baccharus halimifolia) complete the transition into the base of the yard. The open water area of Hewletts Creek adjacent to the applicant's property is approximately 180' in width. Based on site visits at this location, the water depth within this area of Hewletts Creek was approximately -0.5' at normal low water (NLW) along the waterward edge of the marsh and approximately -3.0'at NLW adjacentto the channel of Hewletts Creek. Upland vegetation consists of maintained lawn grass, ornamental landscaping, Pine, Cedar and Live Oak trees. The Cedar Landing Property Owners Association obtained State Permit No. 186-88 on September 20, 1988 for a community docking facility, which appears to accommodate up to 12 vessels for side -to dockage for residents within the 12-lot subdivision. The access pier to the community docking facility and portions of a gazebo extends from a 10' access easement located on along the western end of the applicant's property. It appears that approximately 50%of the floating dock (approximately 70 linear feet) of the community docking facility is within the applicant's riparian corridor. The Wilmington/New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Hewletts Creek are classified SA by the Division of Water Resources. They are designated as a primary nursery area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to construct a private docking facility within Hewletts Creek. An access pier would extend into Hewletts Creek approximately 250' in length by 6' in width, which would terminate onto a "T-shaped" covered platform, measuring approximately 16' in length by 16' in width located over open water. An access ramp would lead onto a small floating landing platform (-6'x 6') to provide access to a floating dock, measuring approximately 34' in length by 6' in width, which would run parallel to the channel creating an "L-shaped" configuration. A boatlift, measuring approximately 14' in length by 14' in width would be located on the western side of the floating dock configuration. The proposed docking facility would accommodate up to three (3) vessels, which the application states that the water depth at the location of the proposed docking structures range from -2.0 to -3.0' at NLW. Based on the review of State Permit No.186-88 file and the deeds to Cedar Landing Subdivision and applicant's property, it does not appear that the applicant's property (Lot 3 Cedar landing Subdivision) was restricted on the ability to construct a private docking facility (See Sheets 1 through 3 of 3, Project Narrative and deeds). 10. ANTICIPATED IMPACTS: The proposed private docking facility would incorporate approximately 2,192 sq. ft. of Public Trust Area and Estuarine Waters and would shade approximately 600 sq. ft. of Coastal Wetlands. The proposed structures would extend approximately 185' into a waterbody, which measures approximately 800' across in this location of Hewletts Creek. This distance would conform to the 1/4 width rule. Based on the submitted drawings, the proposed structures would not encroach into the 15' adjacent riparian corridor setback requirement. The construction would provide docking space for a total of three (3) vessels within water depth of approximately -2.0' to -3.0' at NLW located on this side of Hewletts Creek. Minor increases in turbidity should be expected during the construction process. RECEIVED Submitted by: Robb L. Marss Date: 08/19/2015 Office: Wilmington AUG 14 2015 Coastal Management OIVIROMMITK OUAIRY April 20, 2017 Mr. & Mrs. Clapp 5914 Cedar Landing Rd. Wrightsville Beach, NC 28409 Dear Mr. & Mrs. Clapp: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS DIreaor This letter is in response to your correspondence, which was received by the Division of Coastal Management on March 23, 2017, regarding your concerns about the proposed development by Armando & Candy Cortes, at 5918 Cedar Landing Rd., adjacent to Hewlett's Creek, in Wilmington, New Hanover County. The proposed project consisted of a private docking facility. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. Please contact me at (910) 796-7302 if you would like me to send you the applicable forms and instructions that must be filed prior to that deadline or if you have any additional questions. Alternatively, the forms can also be found on our website. Cc: Wilmington Files Morehead Files Respectfully yours, RECEIVED APR 2 5 2017 '�%Atlw't 6X,-tq DCM- MHD CITY Heather Coats Assistant Major Permits Coordinator State of North Carolina I Environmental Quality I Coastal Management W imington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 9I07%7215 C=M6WA1=� April 17, 2017 Overbeck Marine Construction c/o Mr. Daniel Shirley 3506 Tall Pine Ct. Wilmington, NC 28409 Email: daniel@overbeckmarine.com ROY COOPER Covemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS D rector SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Armando & Candy Cortes Dear Mr. Shirley: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on August 6, 2015, and was placed on hold on December 22, 2016. We received your proof of adjacent riparian property owner notification on March 20, 2016 and the required 30-day comment period elapsed today. Therefore, processing of your permit application has officially resumed as of today's date. The revised projected deadline for making a decision is May 5, 2017. Please feel free to contact me by phone at (910) 796-7302 or by e-mail at: heather.coats@ncdenr.gov if you would like to discuss this matter further. cc: MHC Files WiRO Files Sincerely, Heather Coats Assistant Majors Permits Coordinator RECEIVED APR 2 5 2017 DCM- MHD CITY State of North Carolina I Envtronmental Quality (Coastal Management Wf ftigton Office 1 127 Cardinal Drive Eztensfon I W imington. North Carolina 28405 910 796 7215 I - DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD EWE 1) APPLICANT: Armando & Candy Cortes COUNTY: New Hanover PROJECT NAME: Cortes Docking Facility LOCATION OF PROJECT: 5918 Cedar Landing Rd, adjacent to Hewletts Creek, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-6-15 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Mairs nn DISTRICT OFFICE: WILMINGTON ✓ DISTRICT MANAGER REVIEW: � S '— / B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 f PUBLIC NOTICE REC'D: 8-22-15 ADJ. RIP. PROP NOTICES REC'D: �2S�2�fo APPLICATION ASSIGNED TO: C) 75DAYDEADLINE: MAIL OUT DATE: 8-20-15 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 9-12-15 DEEDREC'D: �/- 1S ON: r�r 150 DAY DEADLINE: STATE DUE DATE: 9-12-15 FED COMMENTS REC'D: DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance ZO/I Land Quality Section (DEMLR) 8/2-4/6 Division of Water Resources (401) 3 1S N� Storm Water Management (DEMLR) State Property Office ClITll5 Division of Archives & History Division of Environmental Health Division of Highways a/IV�� ✓ Wildlife Resources Commission Local Permit Office clI/ S Division of Marine Fisheries / DCM RECEIVED Corps of Engineers j 1g1��b OG TOS rc� q - 2Nip, X WA J 19\N C2 C04/ I S ,i Recommendations for State Permit — Cortes 08/19/2015 The total area of platform and floating dock were calculated as follows: Shoreline length =138 ft. x 8 sq. ft. =1,104 sq. ft. allowable. Existing covered platform community dock=126 sq. ft. (360/2) (credit applied for access through) Existing floating dock community dock = 480 sq. ft. (960/2) Proposed covered platform =160 sq. ft. (credit applied for access through) Proposed floating docks = 240 sq. ft. Total =1,006 sq. ft. Based on the review of State Permit No.186-88 file and the deeds to Cedar Landing Subdivision and applicant's property it does not appear that the applicant's property (Lot 3 Cedar Landing Subdivision) was restricted on the ability to construct a private docking facility. The proposed construction would provide docking space for the total up to three (3) vessels. It appears thatthe project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule, the eight square foot rule and the pierwidth rule. The proposed floating docks, platform and boatiift would be located entirely over open water. If the project is determined to be consistent with NCAC 07H .0208(b)(6), it is recommended that any permit issued should include standard conditions for docking facilities, which should include: The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. RECEIVED AU6 2 4 105 Vtt-z_ NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary **SEE: NEW `RETURN TO" CONTACT INFO** August 7, 2015 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance FROM: Heather Coats, NC DENR-DCM Assistant Major Permits Coordinator 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats((Dncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Armando & Candy Cortes Project Location: 5918 Cedar Landing Rd., adjacent to Hewletts Creek, in Wilm., New Hanover Co. Proposed Project: to replace and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 12, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. 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 DATE 0 - ,?,0 , JS N.C. Division of Coastal Management RECEIVED 127Cardinal Drive Ext.,Wilmington, NC28405 �CM WILMINGTON, NC Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanaaement. An Equal Opporbunity 1 Affirmative Action Employer AUG 2 0 2015 M tom. NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor *SEE. MEIN "RETURN TO" CONTACT INFO" August 7, 2015 MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO Donald R. van der Vaart Secretary FROM: Heather Coats, NC DENR-DCM Assistant Major Permits Coordinator 127 Cardinal Drive Ext., Wilmington, NC 28405 heather.coatsCcD-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Armando & Candy Cortes Project Location: 5916 Cedar Landing Rd., adjacent to Hewletts Creek, in Wilm., New Hanover Co. Proposed Project: to replace and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 12, 2015. If you have any questions regarding the proposed project, contact Robb Mairs 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. 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 Lam— 1 /�-'� DATE AUCt ZI 7,015 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM RECEIVE[ Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanaoement.net NC An Equal Opporlunity \ Affirmative Action Employer AUG 2 4 201: ht ,A QUM North Carolina Department of Environment and Natural Resource Pat McCrory Governor Donald R. van der Vaart **SEE. NEW `RETURN TO" CONTACT INFO** Secretary August 7, 2015 RECEIVED/NCDENR/DWR MEMORANDUM:-- TO: Chad Coburn AUG 2 02015 401 Wetlands water Quality DWR - WiRO Operations Regional FROM: - Wilmington RegionatiOn l Office Heather Coats, NC DENR-DCM Assistant Major Permits Coordinator 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatsancdenr. gov Fax:395-3964 (Courier04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Armando & Candy Cortes Project Location: 5918 Cedar Landing Rd., adjacent to Hewletts Creek, in Wilm., New Hanover Co. Proposed Project: to replace and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 12, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has noobjection to the project as�roposedc This agency has no comment on the proposed project. � SIGNED This agency approves of the project only if the recommended changes are incorporated. See attached. This agprlcy objects to the project for reasons described in the attached comments. n DATE 101091XI5' N.C. Division of Coastal Management 127 Cardinal Drive Ed., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www,nccoastaimanagement net An Equal Opportunity 1 Affim hft Action Employer RECEIVED DCM WILMINGTON, NC OCT 13 2015 Ift North Carolina Department of Environmental Quality Pat McCrory Governor October 8, 2015 Mr. Armando Cortes Ms. Candy Cortes 5918 Cedar Landing Road Wilmington NC 28409 Subject Property: 5918 Cedar Landing Road - Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Mr. & Ms. Cortes, Donald R. van der Vaart Secretary DWQ Project # 15-0871 New Hanover County You have our approval, in accordance with the attached conditions to construct a private docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on August 26, 2015. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3900 (GC3900) are met. This certification may also be viewed on our website at htto://Portal.ncdenr.or web/wg/sn/ws/401/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 40l/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing: 2ECtIVEo OCM WILMINGTON, NC Division of Water Resources Wilmington Regional Office 127 Cardinal Dr. Ext., Wilmington, NC 28405 a T 13 2015 Phone I9101796-7215 Internet unaw.nodenr.00v An Equal Opportunity 1 Affirmative Acgon Employer- Made in part by recycled paper Cortes - 5918 Cedar Landing Road New Hanover County 2015-0871 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796-7215. Sincerely, Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3900 Certificate of Completion cc: Daniel Shirley — Overbeck Marine Construction, 3506 Tall Pine Court, Wilmington, NC 28409 Heather Coats — DCM Wilmington Tyler Crumbley — USACE Wilmington Field Office 401 & Buffer Permitting Unit — FILE COPY WiRO CCI R North Carolina Department of Environment and Natural Resources Pat McCrory Governor DWR Project No: Applicant: Project Name: Donald R. van der Vaatt Secretary 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: if this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: R DCMWIL n .r.. NC Divisbn of Water Resources —401 & Buffer Penmittirg 04 - 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N Salisbury St Raleigh, North Carolina 27604 QC 1 1 Phone: 9IM07-63001 FAX: 9IM07-6492 Internet: www,ncwaL-Muality.org An Equal Opportunity IAI(mneave Ac#on EMIW—Made In part by recycled paper Gloz 8 1170 ON 'NOIJNI VnIM WOQ 03AI3032I m I fr— Pat McCrory Governor August 7, 2015 MEMORANDUM: iiw NCDENR North Carolina Department of Environment and Natural Resource **SEE: NEW `RETURN TO" CONTACT INFO** Georgette Scott Stormwater Section DEMLR - WiRO Donald R. van der Vaart Secretary ECEIVE AUG 10 2015 9 FROM: Heather Coats, NC DENR-DCM Assistant Major Permits Coordinator 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(a)ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Armando & Candy Cortes Project Location: 5918 Cedar Landing Rd., adjacent to Hewletts Creek, in Wilm., New Hanover Co. Proposed Project: to replace and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 1Z 2015. If you have any questions regarding the proposed project, contact Robb Mairs 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. 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 DATE 96/,s� N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 RECEIVED Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncooastalmanagement.net DCM WILMINGTON, NC An Equal Opporlunq I Afimiative Action Em*W SEP 0 4 2015 ("tin — RECEIVED AUG 2 4 2015 r DOA NCDENR TATE PROPERTY North Carolina Department of Environment and Natural Resource OFFICE Pat McCrory Donald R. van der Vaart Governor Secretary **SEE. NEW `RETURN TO" CONTACT INFO** August 7, 2015 MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office FROM: Heather Coats, NC DENR-DCM Assistant Major Permits Coordinator 127 Cardinal Drive Ext., Wilmington, INC 28405 heather. coats(&ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Armando & Candy Cortes Project Location: 5918 Cedar Landing Rd., adjacent to Hewletts Creek, in Wilm., New Hanover Co. Proposed Project: to replace and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 12, 2015. If you have any questions regarding the proposed project, contact Robb Mairs 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. rP5`devtitq� ✓ This agency has no comment on the proposed project. dovK a�Q This agency approves of the project only if the recommended changes are incorporated. See attached. f3oa This agency objects to the project for reasons described in the attached comments. SIGNED N-A ).n V\ \ , \�M\(k \ DATE 01 I A C. Division of Coastal Management 7 C rdinal Dive Ext., Wilmington, NC 28405 910-796-72 AX: 910-395-3964 Internet: www.necoastalmanagement.net RECEIVED DCM WILMINGTON, INC An Equal Opportunity 1 Affirmative Action Employer SEP 17 2015 VA t, Pet&Krory 6a4aemor qugust.7, 2015 MEMORANDUM.' ®' FROM: i -SUBJECT.: At7plicant , U & ■ dEW !. North Garollha Depariaterit of Environment alad Natural Resource **SEE. NE , RETURN I O" GOAITACT / i ." Renee gledhill-Early Dept. of Cultural,Rdsources Archives & History. Heather Coats, NC DENR= DCM A; 127 Cerdin6l Vrive-Ext„ Wilmington F; x; 39543964 (Coud r0*16I, CA�A//MggAqq.�PeeimiftTA��pjplic�� aYtiion�Review ' dy Y i - �r, Donald R. van derVaart Secretary Permits .Coor'dinator RJ rn fgs, Project location, 5916 Cedar Landing Rd:, adjacent to Hewtefts Creek, irr��m., New Hanover Co., Proposed Praject., 'to ,replace and &I an exisifho docking facility Please indicate below your agency ss positipmbi viewpoint'onthe proposed project and return this°form to Heather Loafs at,the address above by September TZ, 2015. It you have any questions -regarding the proposed project, contact Robb Maim at, {$1 Q}796-T423_ when appropriate, to -depth pommdnts with'suppeirting data is regttosted. REPLY: This agency has no objection to. the project as proposed:. This agency has no comment:on the proposed project: SIGNED This agency approves of -the project only if the recommended`ehanges are incorporated. Bee attached., his agency objects to the project for reasons described in the attached -comments. Ji J; ,NC SEP i' S 2015 SEP ,Q 2 2615 AN NCDEE R North Carolina Department of Environment and Natural Resource Pat McCrory Governor **SEE. NEW"RETURN TO" CONTACT INFO** August 7, 2015 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Heather Coats, NC DENR-DCM Assistant Major Permits Coordinator 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatsCa.ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Armando & Candy Cortes Project Location: 5918 Cedar Landing Rd., adjacent to Hewletts Creek, in Wilm., New Hanover Co. Proposed Project: to replace and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 12, 2015. If you have any questions regarding the proposed project, contact Robb Mairs 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. 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 DATE Z l I t o I Fr f— c t N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 RECEIVED Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net SEP 10 An Equal Opportunity \ Affirmative Action Employer i1'kilidlYll4! h,N,. A4,*r—. DISTRICT 3 _r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor **SEE. NEW "RETURN TO" CONTACT INFO** August 7, 2015 MEMORANDUM: TO: Anthony Law NC DOT New Hanover County AUC 2 4 20151 RECEIVED Donald R. van der Vaart Secretary FROM: Heather Coats, NC DENR-DCM Assistant Major Permits Coordinator 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(a)ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Armando & Candy Cortes Project Location: 5918 Cedar Landing Rd., adjacent to Hewletts Creek, in Wilm., New Hanover Co. Proposed Project: to replace and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 12, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: k This agency has no objection to the project as proposed. 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 GXDATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Afnnative Action Employer ili���:ii V �11 SEP 10 xQt� >♦ 11/t /fc-- r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary **SEE. NEW `RETURN TO" CONTACT INFO** August 7, 2015 MEMORANDUM: TO: Maria Dunn NCWRC For WiRO FROM: Heather Coats, NC DENR-DCM Assistant Major Permits Coordinator 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats@ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Armando & Candy Cortes Project Location: 5918 Cedar Landing Rd., adjacent to Hewletts Creek, in Wilm., New Hanover Co. Proposed Project: to replace and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 12, 2015. If you have any questions regarding the proposed project, contact Robb Mairs 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. / ✓ 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 I . i DATE 5I2-c.1 za 15 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 RECEIVED Phone: 910-796-7215 1 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net DCM WILMINGTON, NC An Equal Opponunity l Affinnafive Adion Employer SEP 01 Z015 0 Q IY OF19ORT'liCAROUNA TON Date: 12-1-16 Heather Coats NC DENR-DCM Asst. Major Permits Coordinator 127 Cardinal Drive Extension Wilmington, NC 28405 Re: 5918 Cedar Landing Road Dear Ms. Coats: IQPlanning, Development and Transportation Planning Division 305 Chestnut Street PO Box 1810 Wilmington, NC 28402-1810 910 254-0900 910 341-3264fax wilmingtonnc.gov Dial711 TTYNoice On September 1, 2015, the City of Wilmington sent a letter of objection to the construction of a private docking facility at 5918 Cedar Landing Road because this parcel is part of a subdivision with a community boating facility and thereby prohibited from constructing a private dock. The owners, Candy and Armando Cortes subsequently appealed this determination to the Wilmington Board of Adjustment, which ordered that the city's position be upheld. The applicant then appealed to New Hanover County Superior Court. This case was set for hearing at the October 24, 2016 Non -Jury Civil Session of the New Hanover County Superior Court. After review of the material submitted, the evidence presented and the arguments of both parties, the Honorable Ebem T. Watson ordered that the Wilmington BOA decision upholding the Zoning Administrator's determination be REVERSED; therefore, I am sending this letter to withdraw the City of Wilmington's objection to the CAMA permit application for a private pie - at 5918 Cedar Landing Road. A copy of that order is enclosed. Sincerely, Kathryn Thurston, AICP Zoning Administrator /enclosure CC: Candy and Armando Cortes RECEIVED DCM WILMINGTON, NC DEC 0 5 2016 Melissa Hales, Assistant City Attorney (via e-mail) Matthew Nichols, Smith, Moore, Leatherwood, PLLC (via e-mail) Ronald W. Sparks, Chairman of the Board of Adjustment (via e-mail) 0 STATE OF NORTH CAROLINA F., a flIN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF NEW HANOVER 15 CVS 4524 ARMANDO CORTES and wife, CANDY,.., CORTES, " 1, Petitioners, .1. VIP CITY OF WILMINGTON, North Carolina, Respondent. ORDER REVERSING WILMINGTON BOARD OF ADJUSTMENT AND STRIKING CITY'S OBJECTION TO PETITIONERS' CAMA PERMIT APPLICATION THIS CAUSE coming on to be heard and being heard before the undersigned Judge presiding at the October 24, 2016 Non -Jury Civil Session of New Hanover County Superior Court upon Petitioners Armando Cortes and wife, Candy Cortes' Petition for Writ of Certiorari filed on December 18, 2015 pursuant to N.C. GEN. STAT. § 160A-393 appealing a November 25, 2015 Order of the Wilmington Board of Adjustment (City File No. BACEO-5-1115); and Petitioners being represented by their attorney, Matthew A, Nichols, of the New Hanover County Bar; and Respondent City of Wilmington being represented by Assistant City Attorney Melissa Hales;, AND THE COURT having reviewed the file in this matter Standard of Review set forth in N.C. GEN. STAT. § 160A-393(k), in#n v o- 91K rgs, the R� ��¢ ° Administrative Record on appeal filed with the Court by Respon8�r�tt��u to the Writ of Certiorari issued in this matter, and the memoranda of law and authoritiesubmitted by counsel; and this matter also being heard contemporaneously with that companion case involving the same parties and underlying subject matter and property, captioned "Armando Cortes and wife, Candy RECEIVED DCM WILMINGTON, NC DEC 0 5 2016 A' Cortes v. City of Wilmington, North Carolina," New Hanover County Superior Court File No. 16 CVS 1978; and having heard oral arguments from counsel on October 26, 2016, the Court determines that: 1. This Court has jurisdiction over the parties and this certiorari appeal. 2. Petitioners are the owners of waterfront property located 5918 Cedar Landing Road, located in the City of Wilmington, New Hanover County, which property is more particularly described in that Warranty Deed dated April 3, 2014, and recorded on April 11, 2014, in Book 5807 at Page 2876 of the New Hanover County Registry, and which property is shown as Lot 3 on the map of Cedar Landing Subdivision recorded in Map Book 28 at Page 140 of the New Hanover County Registry. 3. Petitioners' property is one of three (3) waterfront lots located in the Cedar Landing Subdivision, as shown on the above -referenced recorded map. 4. On August 6, 2016, Petitioners submitted a CAMA permit application submitted to NCDEQ-Division of Coastal Management ("NCDEQ-DCM") to construct a private docking facility at Petitioners' property. 5. In response to a request by NCDEQ-DCM for input on Petitioners' CAMA permit application, Respondent City's Zoning Administrator sent a letter dated September 1, 2015, to Heather Coats, Assistant Major Permits Coordinator with NCDEQ-DCM, stating that the City objects to Petitioners' CAMA permit application on the grounds that, pursuant to Wilmington Land Development Code ("LDC") § 18-260, waterfront properties included in subdivisions with community boating facilities are prohibited from constructing private docks (the "City's Objection Letter"). 2 RECEIVED C1CM WILMINGTON, NC Y . , 6. Petitioners timely appealed the City's Objection Letter to the Wilmington Board of Adjustment pursuant to N.C. GEN. STAT. § 160A-388 and applicable provisions of the Wilmington LDC, and after a public hearing on Petitioners' appeal on November 19, 2015, the Board voted to uphold the City's Objection Letter and entered its written Order titled "Order Upholding Zoning Administrator's Determination", dated November 25, 2015 (the "Board's Decision"). 7. Petitioners timely appealed the Board's Decision to this Court pursuant to N.C. GEN. STAT. § 160A-393, which appeal is presently before the Court for review along with Petitioners' above -referenced companion appeal in New Hanover County Superior Court File No. 16 CVS 1978. 8. Upon careful review of the Administrative Record under the Standard of Review set forth in N.C. GEN. STAT. § 160A-393(k) and the applicable law, this Court finds that Petitioners' arguments and appeal have merit. 9. Pursuant to N.C. GEN. STAT. § 160A-393(k)(2): "When the issue before the court is whether the decision -making board erred in interpreting an ordinance, the court shall review that issue de novo. The court shall consider the interpretation of the decision -making board, but is not bound by that interpretation, and may freely substitute its judgment as appropriate." 10. N.C. GEN. STAT. § 113A-111 states in relevant part: § 113A-111. Effect of land -use plan. No permit shall be issued under Part 4 of this Article for development which is inconsistent with the approved land -use plan for the county in which it is proposed. No local ordinance or other local regulation shall be adopted which, within an area of environmental concern, is inconsistent with the land -use plan of the county or city in which it is effective; any existing local ordinances and regulations within areas of environmental concern shall be reviewed in light of the applicable local land -use plan and modified as may be necessary to make them consistent therewith... . N.C. GEN. STAT. § 113A-111. M RECEIVED DCM WILMINGTON. NO IpEC 0 5 ZM 11. For the reasons more fully set forth in Petitioners' Petition for Writ of Certiorari, the City Zoning Administrator and the Board did not properly consider and apply the relevant provisions of the Wilmington -New Hanover County Joint Coastal Area Management Plan, 2006 Update ('CAMA Land Use Plan', in interpreting Wilmington LDC § 18-260 and its application to Petitioners' property and CAMA permit application, including CAMA Land Use Plan Policy 3.18(a) and the definition of "Waterfront Community" in CAMA Land Use Plan, Appendix A, Definitions, which states: "Waterfront Community — A community located in proximity to navigable water that has at least 5 waterfront lots contiguous with the community." 12. Furthermore, at the hearing before the Board, Petitioners produced substantial, material and competent evidence establishing that the construction of a private docking facility at Petitioners' property in the Cedar Landing subdivision is proper and lawful under the provisions of the Wilmington LDC. 13. Accordingly, this Court finds that the Board's Decision upholding the Zoning Administrator's determination should be reversed, and the City's Objection Letter to NCDEQ- DCM objecting to Petitioners' CAMA permit application is in error and should be stricken. NOW THEREORE, based upon the foregoing, it is hereby ORDERED, ADJUGED and DECREED as follows: 1. The Wilmington Board of Adjustment's Decision upholding the Zoning Administrator's determination is REVERSED. 2. Respondent City's Objection Letter to NCDEQ-DCM objecting to Petitioners' CAMA permit application is hereby STRICKEN. RECEIVED ()CM WILMINGTON, NC DEC 0 5 4 3. Respondent City shall promptly notify the appropriate officials at NCDEQ-DCM of this Court's Decision and take any further action necessary to withdraw Respondent City's objection to Petitioners' CAMA permit application consistent with this Court's Decision. SO ORDERED. This the day of 4 U90 CJWR 2016. HONORABLE EBERN T. WATSON SUPERIOR COURT JUDGE PRESIDING NEW HANOVER COUNTY RECEIVED DCM WILMINGTON, NlC DEC 0 5 Z016 i3rN�i�Zi) .1I Lf$ This is to certify that the foregoing ORDER REVERSING WILMINGTON BOARD OF ADJUSTMENT AND STRIMG CITY'S OBJECTION TO PETITIONERS' CAMA PERMIT APPLICATION has been duly served upon the following attorney at the following address by depositing a copy thereof in the United States Mail, first-class, postage prepaid: Melissa Iversen Hales Assistant City Attorney City of Wilmington P.O. Box 1810 Wilmington, NC 28402 This the day of IV OVer^%2r . 2016. By: YAWNED Matthew A. Nichols N.C. State Bar No. 23403 Attorney for Petitioners SMITH MOORE LEATHERWOOD LLP 101 N. Third Street, Suite 400 Wilmington, NC 28401 Telephone: 910.815.7100 Facsimile: 910.815.7200 Email: matt.nichols©smithmoorelaw.com RECEIVED DCM WILMINGTON, NC DEC 0 5 2016 t, r'Vi Hz.. ASMENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor '*SEE. NEW "RETURN TO" CONTACT INFO* August 7, 2015 TO: i<&4t'+ n 7Vium+on (A' o'P , ' WslWt jAvr 30G�'thw+1f-tee f— FROM: Heather Coat, NC.DENR-DCM Assistant. Major Permits 1127 Cardinal Drive Ext., Wilmington,.NC_28405 heat her.ci Fax:. 395-3964„.... (Courier 04f-1.5-33� SUBJECT: CAMA Permit Application Review Donald R. van der Vaart Secretary Applicant: Armando $ Candy Cortes Project Location: 5918 Cedar Landing Rd., adjacent to Hewlefts Creek, in Wilm., New Hanover Co. Proposed Project: to replace and expand an existing docking facility Please indicate' below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 14 2015 If you have any questions regarding the proposed project, contact Robb Mairs 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. 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 1�� ��.�� DATE a N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-79&72151 FAX 910-395MB4 Intemet www.ncgostalmanaaement net Aa E00ppoft*%Mnna6m Add Employer Wr 0FII�GTON Date: 9-1-15 Heather Coats NC DENR-DCM Asst. Major Permits Coordinator 127 Cardinal Drive Extension Wilmington, NC 28405 Re: 5918 Cedar Landing Road Dear Ms. Coats: isPlanning, Development and Transportation Planning Division 305 Chestnut Street PO Box 1810 Wilmington, NC 28402-1810 910 254-0900 910 341-3264 fax wilmingtonnc,gov Dial 711 TTYIVoioe The City of Wilmington objects to the construction of a private docking facility at 5918 Cedar Landing Road because this parcel is part of a subdivision with a community boating facility. Pursuant to City Code Chapter 18, Land Development Code Section 18-260, waterfront properties included in subdivisions with community boating facilities are prohibited from constructing private docks. Sincerely, Kathryn Thurston, AICP Zoning Administrator IM H+c. Pat McCrory Governor August 7, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: • P. _mif t� . ..lam REMVEO SEP 0 1 2a1- dCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaad Secretary **SEE. NEW `RETURN TO" CONTACT INFO** Linda Painter LPO New Hanover Co. CAMA Permit Application Review Armando & Candy Cortes 5918 Cedar Landing Rd., adjacent to Hewletts Creek, in Wilm., New Hanover Co. to replace and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 12, 2015. If you have any questions regarding the proposed project, contact Robb Mairs 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. 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�n,Pr� DATE. !'l IC 1,4 N.C. Division of Coastal Management 127 Cardinal Drive 5d., Wilmington, NC 28405 Phone: 91 D-796-72151 FAX: 910395.39U Intemet: w w.nccoastalmanaoementnet An Equal Oppoft" I Arfimutive Action Employer uw� �''-i� NODE dR North Carolina Department of Environment and Natural Resource Pat McCrory Governor **SEE: NEW "RETURN TO" CONTACT INFO** August 7, 2015 MEMORANDUM: TO: Gregg Bodner Fisheries Resource Specialist DCM, Morehead City Donald R. van der Vaart Secretary FROM: Heather Coats, NC DENR-DCM Assistant Major Permits Coordinator 127 Cardinal Drive Ext., Wilmington, NC 28405 heather._coats@Dncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Armando & Candy Cortes Project Location: 5918 Cedar Landing Rd., adjacent to Hewletts Creek, in Wilm., New Hanover Co. Proposed Project: to replace and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 12, 2015. If you have any questions regarding the proposed project, contact Robb Mairs 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. li 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 DATE N.C. Division of Coastal Management AUB 2 4 2015 127 Cardinal Drive Ext., Wilmington, NC 28405 9 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www roccoastalmeumernent.net ,r i )p•.I M " `� An Equal Opporunity l Affirmative Action Employer S_P F 1 o O 2015 J NCORNR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Armando and Candy Cortes (Hewlett's Creek) DATE: 9/18/2015 Donald R. van der Vaart Secretary 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 250ft long x 6ft wide pier with a 16ft x 16ft gazebo, 16ft x 3ft ramp to a 6ft x 6ft landing, a 34ft x 6ft floating dock, and a 10,0001b boat lift. The boat lift and floating dock provide 3 total slips. The adjacent waters are classified as Primary Nursery Area (PNA), able to support shellfish (SA), and is closed to shellfish harvest by the NC Division of Marine Fisheries Shellfish Sanitation Section. 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. The sediment in the area is very soft muddy bottom that is difficult to establish accurate water depth. Water depths provided by the applicant state approximately -3ft. at Normal Low Water (NLW) on the outside of the floating dock, with -2ft. at NLW just behind the floating dock. A field assessment was attempted on 9/8/15 to verify water depths and was aborted due to inaccessibility by foot. Depths were obtained at the community dock to the west approximately 1.5 hours after low tide. Water depths at the floating dock, which is in line with the proposed construction, was -3ft. This raises some uncertainty that the provided depths may be overestimated. If water depths are accurate then there should be sufficient depth for all structures proposed. If there are additional concerns with water depth than it is recommended that an additional site visit be conducted. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or xregg.bodnar@ncdenr.aov with further questions or concerns. REC :,: , , r DCM WILT " "; "_)N, NC SEP 1 S 2015 1601 Mail Service Center, Raleigh, North Carolina 27699.1601 Phone: 919-707-86001 Internet: www.nodenr.gov An Equal Oppodunily 1Affirmalive Action Employer - Made in pad by recycled paper ro H-C 41 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary **SEE. NEW `RETURN TO" CONTACT INFO** August 7, 2015 MEMORANDUM: V @@0 �� TO: Heidi Cox AUG 2 0 2015 o Environmental Engineer ofv7sfonoE Public Water Supply WW6 nO Watey'eeesoa r s cft FROM: Heather Coats, NC DENR-DCM Assistant Major Permits Coordinator 127 Cardinal Drive Ext., Wilmington, NC 28405 heather.coats(cilncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Armando & Candy Cortes Project Location: 5918 Cedar Landing Rd., adjacent to Hewletts Creek, in Wilm., New Hanover Co. Proposed Project: to replace and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by September 12, 2015. If you have any questions regarding the proposed project, contact Robb Mairs 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. 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 t 0 `S DATE I lI N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equal opportunity l Affirmative Action Employer DCM RECEIVED NON, NC SEP 0 4 2015 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OR August 21, 2015 Regulatory Division Action ID No. SAW-2015-01823, General Permit No. 197800056 Mr. & Mrs.Armando Cortes 5918 Cedar Landing Road Wilmington, North Carolina 28409 Dear Mr. & Mrs. Cortes: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to construct a replace and expand an existing docking facility at 5918 Cedar Landing Road, adjacent to Hewletts Creek, in Wilmington, New Hanover County, North Carolina. Coordinates are: 34.1131 N,-77.5117 W. On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general and special conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. RECEIVED AUG 2 710b -2- Thank you for your time and cooperation. If you have questions, please contact Tyler Crumbley, of the Wilmington Regulatory Field Office, telephone: (910) 251-4170. Enclosure: GP 56 conditions Copy Furnished (with enclosure): Overbeck Marine Construction, hic. Attn: Mr. Daniel Shirley 3506 Tall Pine Court Wilmington, North Carolina 28409 Copies Furnished (without enclosure): Mr. Robb Mairs Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Sincerely, Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 r f Heather Coats Division of Coastal Management 127 Cardinal Drive Ext Wilmington, NC 28405-3845 March 20, 2017 Dear Ms. Coats, We are writing to register our objection to the construction of a private pier at 5918 Cedar Landing Road Wilmington, NC 28409 as adjacent property owners. The construction of the described pier, platform, boat lift and floating dock is unnecessary as the home is part of a community (Cedar Landing) with an existing community dock with a boat slip assigned. There is an existing private dock on the east side of the property on a currently vacant lot and another pier with floating dock adjacent to that one. The addition of a private pier for 5918 Cedar Landing Rd will create 4 adjacent piers, three of which will be within 10 feet of each other reducing the value of the environment for those who have chosen to live on the creek for the languid and natural setting -instead creating the appearance of nearly contiguous docks that characterize the intra-coastal waterway. The addition of the proposed pier and dock will further reduce the width of an already very narrow navigable channel for boats and personal watercraft. The proposed construction will further disrupt the marsh shoreline and destroy more of the habitat of the estuary that is designated a primary nursery for fish and invertebrates. The destruction of the marsh will further erode the ability of the shoreline to absorb the energy of storm surge and filter runoff pollution from the land rendering both the land and creek more vulnerable. The addition of the proposed pier will decrease the property value of neighboring homes as it degrades the privacy and natural setting of Hewletts Creek and partially eliminates the view of the creek replacing it with the view of yet another pier with a boat lift. Please let us know what the next steps are in the process for this application and our opportunities to register our objections. Sinc rely, Lynn McRoy d Clinton Clapp 5914 Cedar Landing Rd. Wilmington, NC 28409 RECEIVED DCM WILMINGTON, NC MAR 2 3 2017 r� CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: 641UL y Q— Albf4AWA0 Cat t= Address of Property: 591 6&A, R 24, AJav/ (Lot or Street #, Street or Road, City & County) Agent's Name #: ,MILE— 91ORG.&Y Mailing Address: 3506 14y— Pr/v eo Agent'sphone#: IVItntMuomw,,vim Viol 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. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405.3845. DCM representatives can also be contacted at (910) 796.7215. 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, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish too waive the setback, you must initial the appropriate blank below.) /v//^T I do wish to waive the 15' setback requirement. N/1- I do not wish to waive the 15' setback requirement. (Property Owner Informatio L'1- I (A ant Ple rop Owner Informatiot ( S/i��eftatu � Signature P l art�i f Ar/✓laAJQ 6t-k5 �-��J&J MCj?o� \t-&Me kJ 0�4pto Prnt or T)ibe Name Print or Type Name 6917 r t 4nd 1 / /y' Mailing Address LJ k/11 yr _ NC ,28yo9 City/State ip 30,2-750 -009& Telephone Number I Dhte S yl y tFdi2 t l4xbiw. 12p Mailing Address Gt dwi4ryhm, A/C a�f�o9 City/State2ip -781 19q oq as Telephone Number RECEIVED DCM WILMINGTON, NC Date MR 2 $ 2017 Revised 6/18/2 �A15 North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary October 5, 2015 Overbeck Marine Construction, Inc. C/o Daniel Shirley 3506 Tall Pine Ct Wilmington, NC 285409 Email:danicl@overbeckmarine.com Dear Mr. Shirley: This letter acknowledges your October 2, 1015 email in which you indicated that your client, Armando & Candy Cortes, wish to place their CAMA Major Permit application in abeyance. Based on this request, processing of your application will be terminated until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (910) 796-7424, or by e-mail at heather.coats@ncdenr.gov. Cc: Doug Huggett Wilmington Files Sincerely, Heather Coats Assistant Major Permits Coordinator 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151Internal: vnnv.nedenr.gov An Equal Opportunity 1 Affirmative Action Employer - Made in part by wycled paper Coastal Management ENVIRONMENTAL QUALITY December 22, 2016 Overbeck Marine Construction PAT MCCRORY X4 Governor DONALD R. VAN DER VAART Secretory BRAXTON DAVIS Director RECEIVED c/o Mr. Daniel Shirley JAN 05 2017 3506 Tall Pine Ct. Wilmington, NC 28409 DCM - M H D CITY Email: daniel@overbeckmarine.com SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Armando & Candy Cortes Dear Mr. Shirley: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on August 6, 2015, was placed on hold on October 2, 2016, and which you requested we resume processing on December 19, 2016. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) It has come to our attention that the adjacent property at 5914 Cedar Landing Road has changed ownership since your application was originally submitted. Please notify the new adjacent riparian property owner at 5914 Cedar Landing Road, as required by 15A NCAC 07J .0204(b)(5). Please provide a copy of the revised site plan and application in your notification and advise them they have 30 days in which to submit comments to us. Please then submit the green card showing proof of notification or provide a signed statement of no objection from the new property owner. If you can provide to this office with a signed statement of no objection within five working days from the date of this letter, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided and the adjacent property owner's comment period has elapsed. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eta., Wilmington, NC 28405 910-796-7215 RECEIVED JAN 0 5 2017 If you have any questions concerning these matters, please feel free to cont9£'rH6}PAMRJ !TY at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Sincerely, 1 &eaoats Assistant Major Permits Coordinator Cc: MHC Files WiRO Files Robb Mairs, DWR ■ 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 scene nnrmlto �20 y e64*7 LAOV4yqA�Rd i ^'c2gyoq IIIIIIIII IN IIIII III IIIIII 1111111 IN III I III 9590 9403 0325 6155 1964 03 2. 7016 0750 0001 0202 1482 PS Form 3811, April 2015 PSN 7530-02-0DD-gp53 COQTb S . A. Sig ���[[; X 2fAgent ❑ Addressee B. elv (Mhrted Nerve) C. ate of Delivery 3 VW D. Is delivery address different Item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. ServlCe Type ❑ Adult Signeture 9 Pdority Mall Express® ❑ Adult Signature Restricted Delivery Cl Registered MwIT. ❑ Registered Mall Restricted D Cedlfled Mall® ❑ Cedified Mall Restricted Delivery Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConflrmationTm I Insured Mail (3 Signature Confirmation I Insured Mail Restricted Delivery - (over$5DD) Restricted Delivery Domestic Return Receipt .NYR]LE OROI.E SOUND FLOOD M _ - .—T.—r._—._—.—_.—_.-- rAAsi f I IONI[ s[E 1¢4vaS W I- RIQP'� y w• m n Sgfi /arolrNY® REs p� cJ Site qa L_Y ,1 • — JI 9 vhml�OFux .4 Y ` y LOCATION MAP c a / � « � u,,< FfiAW9 cuasAmn mao..r., .., a '= l' i w.n..or •Yr'• N. EPvaw- Q i tl NOTES: sd i gg mas .A LAOt%[ B` '1u1Mni1•w.z.IT CV'%AC lR.Mrl Lpw.Klu.w'.4/aRimee IIEC,mep eY f Itl / W It MLV [WMGO ,MlW 9 BY RA. dW1£ BL ERPE. pfl 9iY 1G 31U Sif2E0/N kY.El.N OIN Mf PA IR. PRO /a'XF I IFF A 4.v»k �mt n1V [ mfY WO FLORIDA AVENUE ,,,,,,,... (Y — P/1e �oQSN °moo` .IS REPRESENTSUTS T REPRESENTS AV K1 O" NLT MEEIY W EACES, 4E IOURPYENR P T iiMOMOS 01' PNECMY FOR LARD SWYEYR0 N AWN CMMNE ([TUCK' Wle I. �(q V. I COPYRIGHT CAPE MR EUR,M,L. PS ALL POIR ..Ylp. IFPREOVCT015 EN RX pF = (]{(i IMF CONI[Ni5 0P M6 pCNYGi, IONS OR OELLTONS N MI5 0[LVPEAT. 5F� - N Y1(A6 M PMT. [,1MUT M 11T{N CWIINi R mE IANp SYPHN0. 9 MLF®IRp. - L ,�� NiO COVEY ICES Y.Y CE IECA { TO i'E LMp I[VIF, NOw M M RAB' Mrzs SIIOmE uses D[ TNIs 1 5to 0 E1 M .USLNATE LZs PEA WREN AS 10 pYER9UIP Q M[ Oo MRS 9 W Mz 0.AT."�,O NmEss ur pmc —OR Nn LEGE f,ypp+.s,M FPO. N I.R.S. 0 IRCN PIY9pItA10F � ELP. OR G.R. f FMISONO U ,W fNMTy6pliph malasickou. Wet 911fl'OR f44 L-PPl+ CA Q CMTERW.CRIETIINE NWENi eR101T OF WAY CAPE FEAR SURVEYING, PC P.e. a P.R. vRYTY NAIL OM NO= BE& ST.. Rpl@1020N. NC 51M01 ' NW-UMILARENIED CORNER (gic) 'IX-01i�?OSI 59,19 ld sz SPOT [LFVATWS (BY SLJ* T : 3/3/301S) A%9AN SITE PLAN FOR Tongue & Groove, BUILDER FOR STEVE H. & DALE S. MATTHEWS 221 & 225 FLORIDA AVENUE TACT I - PART LOTS N Mp II& LOT 12. WT 12A (UMR 2011 EOM P CAA(I AFAd NOR MMp1ER COUNTY MTm GROLNA wM COCA S PACT Sa Y POOR IR I. IT NED Dow 5793 PACE ISW ,PIERSOM B. mi. GRAPHIC SCATS Coats, Heather From: daniel@overbeckmarine.com Sent: Monday, December 19, 2016 9:12 AM To: Coats, Heather Subject: 6918 Cedar Landing Dear Heather, We previously requested that you put a hold on the major permit for Mr. & Mrs. Armondo Cortes at 5918 Cedar Landing Rd. because of an objection from the local level (City of Wilmington). We have been informed that the City has overturned their initial ruling and now have no objection to the proposed facility. Please re -instate the major permit at your earliest convenience. Feel free to contact me if you have any further questions. Thank you,, Daniel Shirley Overbeck Marine Construction, Inc 910-386-8883 Overbeck Marine Construction, Inc To whom it may concern: Overbeck Marine Construction, Inc. is proposingto build a private dockingfacility for Mr. & Mrs Armando Cortes at 5918 Cedar Landing Rd in Wilmington, NC 28409. We are proposing the following items: 1. Construct a 6'x250' pier 2. Construct a 14'x14' platform with a 16'x16' (drip line) gazebo roof 3. Install a 6'x34' floating dock with a 6'x6' landing for the ramp 4. Install a 10,0001b boat lift on the western side of the floating dock S. Install a 3'x16' aluminum ramp for access to the floating dock All proposed work is to fall within the 15' setbacks of the existing riparian lines. After speaking with Robb Mairs with the Division of Coastal Management we have determined that the shared property line of the Cortes' and the Stoval's runs through the center line of the community pier; therefore, the total square footage of the community facility (8'x120' floating dock) will be shared by the Cortes' and the Stoval's (each party acquires 480 sq. ft. from community facility) �1t s l a(o Si•4f f Pr 61 Also, we have re -located the proposed facility to the easternmost position without encroaching into tfie 15' setback. This move to the east will facilitate easier access to the backside of the community floating dock. There has also been a new facility built adjacent to the Cortes Project on the east side which is now shown on the revised drawing. If you have any further questions or concerns please contact Robb Mairs with the Division of Coastal Management (DCM) at 910-796-7423. No response is considered the same as no objection if you have been notified by Certified Mail. Thank you, Daniel Shirley Overbeck Marine Construction, Inc GSTiacf:7c61Ff'. Daniel@overbeckmarine.com RECEIVED AUG 2 4 1015 RECEIVED DCM WILMINGTON, NC AUG 06 2015 North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary October 5, 2015 Overbeck Marine Construction, Inc. C/o Daniel Shirley 3506 Tall Pine Ct Wilmington, NC 285409 Email:daniel@overbeckmarine.com Dear Mr. Shirley: This letter acknowledges your October 2, 1015 email in which you indicated that your client, Armando & Candy Cortes, wish to place their CAMA Major Permit application in abeyance. Based on this request, processing of your application will be terminated until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (910) 796-7424, or by e-mail at heather.coats@ncdenr.gov. Cc: Doug Huggett Wilmington Files Sincerely, / <�`d2l� Gvq Heather Coats Assistant Major Permits Coordinator 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Acton Employer — Made in part by recycled paper RECEIVED OCT 0 8 Z015 DCM- MHD CITY VNX � NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary AGENT AUTHORIZATION FORM Date: O 2 ! Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: 4tHavA0I boa r L75 VIAL Z .S`ffll2LL `�I Owner's Mailing Address: 1 L4 A4'n Rd Agent's Mailing Address: 3 50 h T4 LL— Fo, n, &— (5T—p T Phone Number JOA'-50 - 0096 Phone Number (p/o) Z56 r 08.Z I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct the following (activity): bx 25oy art r' /mi l iO r (.-� 6rx 3Y r"d(ZJ , Asti \ /� k!'3! L/Xi For my property located at 5519 This certification is valid thru Owner J / 16/ Date 127 Cardinal Drive Ext, Wilmington, NC 28405 Phone: 910-796-72151 FAX 910-395-3964 Internet: www.mcoastaimanagement.net M Equal Opponumiry 1 Af irmaove Action Employe RECEIVED AUG 2 4 1015 RECEIVED DCM WILMINGTON, NC AUG 0 6 2015 NurallY 11eCarolina MA 6MM North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 19, 2015 Mr. and Mrs. Armando Cortes 5918 Cedar Landing Road Wilmington,.North Carolina 28409 Dear Mr. and Mrs. Cortes: The Division of Coastal Management hereby acknowledges receipt of your application, submitted by your acting agent for the proposed development at your property located at 5918 Cedar Landing Road, adjacent to Hewletts Creek, in Wilmington, New Hanover County. It was received as complete on August 6, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 21, 2015. 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 August 6, 2015, 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. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sin y, �l -4 Robb L. Mairs Field Representative Wilmington District Office N.C. Division of Coastal Management cc: Heather Coats, DCM RECEIVED Tyler Crumbley, USACE Linda Painter, NH Co. AUG 2 4 20f Daniel Shirley, Agent Qu -bit 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Intemet www.nocoastalmanagement.net An Equal opportunity 1 Alfinnafive Acbm Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 20, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Cortes Major Public Notice Donald R. van der Vaart Secretary Kyle & Heather: Please publish the attached Notice in the Saturday, August 22, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send 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. Sincerely, Shaun K. Simpson Permit & Customer Support Division of Coastal Management cc: Doug Huggett MHC DCM Heather Coats - WIRO DCM Tyler Crumbley — USACE Michele Walker- DCM RECEIVED AUG 2 4 1014 N. C. Division of Coastal Management 127 Cardinal Dr ve Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Alfinnalive Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources 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. According to said application, On August 6, 2015 Armando & Candy Comes proposed to construct a private docking facility at 5918 Cedar Landing Rd, adjacent to Hewleds Creek, in Wilmington, New Hanover County; A copy of the application may be examined or copied at the office of Robb Mairs, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 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 September 12, 2015 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 AUG 2 4 2015 NOTI(01*17j AMA PERMIT APPLIED FOR PROJECT - do C' ' to H._...l..tts rivate 'scent County. COMMETS ACCEPTED THROUGHSeptember 12, 2015 m n APPLICANT: � N m Agent. Daniel Shirley (910) 386-8883 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Robb Mairs, Field Representative 910-796-7423 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ 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 to: &6At< LAtiJyNCo POA Sgoq �rEn,�oru l32o�K e fvytrk rwv7T4�f NC' �yoq 2. Article Number (transfer from service Is Ps Form 3811, July 2013 A. Signature ❑ Agent Nho; ve(c�y 11 �N4 )1 Dpt� of U D.D. Is��( ❑ Yeer/(/���(� ❑LV•Ye* If YES, entet dkllve dr9ssso No DCM WILMINGTON, NC AUG 0 6 2015 3. Service Type ❑ Certified Mall* ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Menchandlin ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yea 7014 2120 0002 5652 9675 Domestic Return Receipt ■ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ 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 to: It-fli 4M / 18Atl-A2ij Zell y ORulu—c- wirldptf-i �1.�Lsir „r,�reH✓, N C 0 e-VO-5 A. w e w ^B Receiv by (Prinred Name) D. Is delivery. qs.� 1���@g^r�t from Rem 1? ❑ Yes If YES, e v�er f 1)VS&Q: able DCM WILMINGTON, NC AUG ii 6 2015 3. Service Type ❑ Certified Mall° ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 21 0 (Transfer frorrreervicelabel) .. �. _ OD02 .;5652,,,9668 PS Form 3811, July 2013 Domestic Return Receipt )15 ky-;JW-iWr1H kl+y NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director Cardinal Drive Ext., Wilmington, NC 28405 me: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net mml nnn.N..v:6,1 41P.mar—.'M. CmNnvar Dee Freeman Secretary N__o��ettnnCarolina Tammy Theusch Beasley Register of Deeds New Hanover County, NC Electronically Recorded 2014 Apr 11 03:18 PM RE Excise Tax3l,640.00 Book:5807 Page:2876 Fee:$26.00 Instrument Number:2014008795 Non -Standard Fee: $0.00 Drawn by: Eugene B. Davis, Jr., P.C., Attorney at Law 1612 Military Cutoff Road, Suite 301 Wilmington, NC 28403 Parcel No. R06218-008-003-000 Return to: Eugene B. Davis, Jr. Stamps: $ t U 40.00 ,) STATE OF NORTH CAROLINA WARRANTY DEED c COUNTY OF NEW HANOVER v N BRIEF DESCRIPTION FOR THE INDEX: Lot 3 Cedar Landing SAD THIS DEED, made and entered into as of the 3rd day of April, 2014, by and between Margit F. Hanemann, as Trustee of "Survivor's Trust" under Hanemann Family Trust Agreement dated March 23,1993 and Margit F. Hanemann, as Trustee of "Decedent's Trust" under Hanemann Family Trust Agreement dated March 23,1993, (herein "Grantor"), party of the first part whose mailing address is Kaiser -Friedrich -Promenade 169, 61352 Bad Homburg, Germany; and Armando Cortes and wife, Candy Cater Cortes, (hereinafter called "Grantee") party of the second part, whose mailing address is 5918 Cedar Landing Road, Wilmington, NC 28409 (whether one or more persons, firms, or corporations). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. THAT the said Grantor, in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable considerations paid to him, receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, all of those certain tracts or parcels of land, located in NEW HANOVER County, NorkGaxre eing more particularly described as follows: See Attached Exhibit A DCM WILMINGTON, NCRECEIVED AUG 062015 A�G242015 THE PROPERTY hereinabove described was acquired by Grantor by instrument recorded I Book 3215 at Page 120 of the New Hanover County Registry. A map showing the above describe0110 fc�Ls property is recorded in Plat Book 28, Page 140. TO HAVE AND TO HOLD the above granted and described lands and premises, together with all and singular, the rights, privileges, easements, tenements, duties, obligations and submitted electronically by "Eugene B. Davis, Jr. P.C." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, in fee simple, FOREVER, AND said Grantor covenants with the Grantee that the Grantor is seized in fee simple of the above granted and described premises, and has good right to sell and convey the same in fee simple, that the title is marketable and free and clear of all encumbrances, except as herein set forth, and that said Grantor will WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever except for following exceptions: ad valorem taxes for the current tax year and subsequent years ad valorem taxes; the provisions of all applicable zoning and land use ordinances, statutes and regulations; and all applicable restrictive covenants and easements of record. IN TESTIMONY WHEREOF, each Grantor has hereunto set forth his/her hand and adopted as his/her seal the word ("SEAL") appearing after his/her typed name, all as of the day and year first above written. Margit F. Hanemann, as Trustee of "Survivor's Trust" under Hanemann Family Trust Agreement dated March 23, 1993 and Margit F. Hanemann, as Trustee of "Decedent's Trust" under Hanemann Family Trust Agreement dated March 23, 1993 By: Margit Hanemann, Trustee STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, 6`3`'`-' fTn , a Notary Public for the aforesaid County and State, hereby certify that Margit F. Hanemann, trustee personally appeared before me this day and acknowledged the due execution of the foregoing instrument as Trustee. WITNESS my hand and seal this "1 !� day of 2'11 , 2014. 91 Notary Public My Co fission Expires..(Notarial Seal) M Y RECEIVED DCM WILMINGTON, NC AUG o62015 Page 10 1416 0 018 (b) No lot shall be increased in size by fillinginthe waters on which it abuts without prior written approval of the Company and state and federal agencies. 11. DOCKS, ETC. In the event the owner of a waterfront lot elects to construct a pier ext'ehdibg into the water from the lot, the following terms and conditions must be complied -with: (I) Complete plans and specifications including site, material, color, and finish must be submitted to the Company in writing. 00 Written approval by the Company of such plans and specifications must be secured, the Company reserving the right in its uncontrolled discretion to disapprove such plans and specifications on any grounds, including purely aesthetic reasons. (III) Any alterations of plans or specifications or of the completed structure must also be submitted to the Company in writing, and the Company's approval in writing must be similarly secured prior to construction, the Company reserving the same rights to disapprove alterations as it retains for disapproving the original structures. (iv) The Company shall not be responsible for any structural or other defects in plans or specifications submitted to it or in any structure erected according to such plans or specifications. 12. MEMBERSHIP IN ASSOCIATION. By the recording of the deed to his or her lot, the lot purchaser becomes and agrees to continue to be amember of the Association and agrees to abide by, and be subject to, the charter and by-laws of the Association and these Restrictions. 1 13. COVENANTS RUN WITH THE - LAND. All covenants, restrictions and affirmative obligations set forth in these Restrictions shall run with the land and shall be binding on all parties and persons claiming -under them to specifically include, CEIVED but not belimited to, the successors and assigns, if any, of the 24 2015 Company. for a--peri'Od -of ten (10) years'from the date hereof after which time all �At W [_-/ said covenants shall be automaticall ehd"' t,1 InNC - successive periods of ten (10) years, unless an instru'en ment signeed' m ' by a majority of the then owners of lots substantial lry, �tf✓t)c he�Q�^i. *cedar. EXHIBIT A Beginning at an old iron pipe in the right-of-way line of Cedar Landing Road. Said beginning pipe being in the arc of a 45 foot radius cul-de-sac at the easterly end of said Cedar Landing Road as shown on a map of Cedar Landing Subdivision recorded in Map Book 28 at Page 140 of the New Hanover County Registry. Said beginning pipe being the southwesterly comer of Lot 4 as shown on said map. Said beginning pipe being located South 59 degrees 00 minutes East 45.00 feet from an old concrete monument at the radius point of said cul-de-sac. Running thence from said beginning pipe: 1. South 59 degrees 00 minutes 00 seconds East 57.90 feet with the southerly line of said Lot 4 to an old iron pipe at the southernmost corner of said Lot 4. Last said pipe being in the easterly line of said Cedar Landing Subdivision; thence 2. South 30 degrees 21 minutes 24 seconds West 272.33 feet with the easterly line of said Cedar Landing Subdivision to an old axle in the edge of Hewletts Creek Said axle being the southernmost comer of Lot 3 as shown on said map of Cedar Landing Subdivision thence 3. North 76 degrees 44 minutes 57 seconds West 137.35 feet with the northerly edge of Hewletts Creek and with the southerly line of said Lot 3 to an old iron pipe; thence 4. North 76 degrees 59 minutes 57 seconds West 10.55 feet with the edge of Hewletts Creek and with the southerly line of said Lot 3 to an old iron pipe; thence 5. North 30 degrees 53 minutes 13 seconds East 289.74 feet with the dividing line between Lot 2, Cedar Landing Subdivision and said Lot 3 to a new iron pipe in said 45 foot radius cul-de-sac of said Cedar Landing Road; thence 6. with the arc of said 45 foot radius curve and with the right-of-way line of said Cedar Landing Road, as it curves to the North to the point of beginning that is South 77 degrees 59 minutes 27 seconds East a chord distance of 85.10 feet. The above described tract contains 38210 square feet (0.88 acres). The same being, or intended to be, all of Lot 3 as shown on said map of Cedar Landing Subdivision recorded in Map Book 28 at Page 140 of the New Hanover County Registry. TOGETHER with and subject to all of those rights, easements and obligations set forth in Declaration of Articles, Covenants, Conditions and Restrictions for CEDAR LANDING SUBDIVISION together with Exhibits thereto recorded in Book 1416 at Page 9 of the New Hanover County Registry. RECEIVED AU6 2 4 10t 4mq As" RECEIVED DCM WILMINGTON, NC AUG 062015 MAJOR PERMIT FEE SCHEDULE Cortes / $250 / New Hanover County DCM % DWQ % Development T Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $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, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 490 (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. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or open water areas: $475 60% $285 40% $190 RECEIVED AU6 2 4 1015 "141*0u',"„ DENR CAMA Dail Check Log for WIRO Date Date Depos/ Received fed 1 Check From (Name) Name of Permit Holder 7/16/2015 7/24/15 Morgan or Erica Mahler Highland Shores HOA_ - _ 7/17/2015 7120115 Stanley or Sharon Stubbs same 7/17/2015 7/20/15 Richard or Sharon Love same _ 7/17/2015 7/20/15 Antinod Construction, Inc. Chris Mohr 7/17/2015 7/20/15 Holden Dock & Bulkheads Anna Odam & Rufus Yates 7/17/2015 7/20/16 Abanbe Coast Industrial LLC David Brinkley 7/20/2015. 7/24'15 Money ortler from Brendon Grimes _ Patricia Welfare --ells 7/20/2015 7/24/15 Robert or Candace Rice same 722/2015 MHCDO River Bluff Holdings LLC same 7222015 7/24/15 Richardson Construction Michael O'Hem - _ Lennon Smith _ Geneveive Cassese /22/2015 724115 Backwater Marine Construction Inc Matt Hendrix /222015 724115 Clements Marine ConsW_cfion_Inc_ David & Ann Sneeden _First jj/23/2015724/15 Coastal Earth Works Inc. - Rick Edwards 7242015 729l15 Town of Oak Island same 7/ 72015. 7/29/15' Waterfronts Villas Owners Assn./CAMS _ same 727Y1015 7%29/15 Logan Marine LLC David and Diane Rodger 7/27/2015 7129/151. Charles Riggs Assocate & s Inc James Bresee 7272015 7/29115Charles Riggs & Associates Inc _ CJL Partners, Inc 7/ 72015 7/29/15 Charles Riggs & Associates Inc _ CJL Partners, Inc 728/2015 7/29/15 Trip Pippin _ _ Rudy Warren 728/2015 7129115 Thomas or Sandra May same 729/2015 7/31115 Antinon ConsWcion, Inc. Orlando Powell 729/2015 7/31115 Lighthouse Marine ConsWction Inc John Johnson 7/29/2015 DavidCronick Rand Nickerson 7/292016 - 31/15 F and S Marine Contractors Inc. Rob Buckfaider 7/302015 7131115 Chad or Beth Ann Hicks River Hills PDA 7/302015 7131/15 JRW/RDW Inc Mark Sutherland _ 7/302015 7/31/151Jawn McEntamer same 7/30/2016 7/31/15 James or Made Warren same 8/4/2015'. 8/6/15 Robert or Alison Boswell same 814/2015 15 Coastal Dredging, LLC Mary Miller 9%0/ 8/4/2015 /15 Antinori Construction, Inc. Pat Toth 8/6 8/5l2015 8/6/15 HS ConsWcbon, LLC Doub Vendor Park Sterling Bank B of A Wells Fargo Bank Check Number 10171 Check amount $100.00 1 Permit Number/Commetns renewal fee, MP 141-11 mbReReceipt or Re/und/Reallocated PH rat. 0464D 4859 $200.00 GP for 1304 Carolina Blvd, TB, PN $200.00 GP 64712D JD rct. 0333D _ _ B of A 3780 $200.00 GP 6469771 D rct. 0331 D CresCom Bank 2181 2181 $200.00 GP 64697D H HS rcL 0285D BS &T Fargo Bank 11791 17-213876532 $200.00 $200.00 GP 1400 Point Harbor Road NHC GP 64717D TM rcL 0402D JD rot 0334D BB &T ? 10394 1121 $200.00 $100.00 GP 65041D renewal fee, MP 62-09 JD rcL 0335D CM rct 0174 sent 722 BB &T 6063 $600.00 GP 64698D @$200 HS rcL 0267D GP 64700D (8$200 HS ret. 0268D IGP 64699D 0$200 1 HSM 0269D BB 8T 2017 $200.00 GP 64701D HS rcL 0266D Citizens s_ Bank First Bank - 3856 4236 $200.00 $200.00, GP 64756D GP 64734D JD rcL 0338D TM rot. 0428D BB &T 59%8 $100.001mod fee, MP 152-07 HC rct. 6204D ,PH North State Bank Coming Federal Credit Union First Citizens Bank 1703 1208 14102 $100.DO $200.00 $100.00' transfer fee, MP 84-05 rot. 0465D GP 64777D RM rct. 0353D minor fee, NTB, One PH rct. 0466D First CIBZerls Bank First Citizens Bank Wells Fargo Bank PNC Bank B of IB ofA SunTrost PNC Bank LG Fed" Credb Union First Bank Navy Federal Credit Union First Bank B of A BB &T B of A BB &T 14099 14100 8579 670 3797 5479 3218 4690 3762 20422 293 1124 1664 4116 3812 1281 $100.00'.minor $100.00'iminorfee, $200.00 $250.00 $200.00�GP $400.00 $100.00 $200.00 $200.00 $200.00 $200.00 $200.00 $100.00 $400.00 $200.00 $200.00 fee, 1538 S. Shore, SC PnCo 120 N. Shore Dr. SC PnCo GP 64778D major fee, 19 Bahama Dr. WB, NHCo 64757D GP 64759D transfer fee. MP 2-15 I GP for p3 Jib Road, Wilmingkm, NHCo GP 64682D GP 64737D GP 64736D GP 64779D renewal fee, MP 59-09 GP 84764D GP 64760D GP for 408 W. Yacht, Oak Is., BrCo PH rcL 0467D _PH d 0468D RM rcL 0354D PH mt 0469D JD rot 0337D JD rcL 0339D PH roL 04700 HS rd 0273D HS rot 0271D HS rcL 0270D RM rct. 0355D PH rct. 0471 D JD rcL 0341 D JD rd. OS40D -_. 8/6/2015 Bald Head Island Ltd. _ _ 8/6/2015 _ Overbeck Marine ConsWcbon Inc. _ M/2015 �Overbeck Marine Construction Inc.. BHI LTD/Bruce Marek Joyce Hall Lewis Armando Cortez First Citizens Bank SunTrust SunTrust 1520 4317 4500 $200.00 $250.00 GP 64785D major fee, 5918 Cedar Land. Rd, NH RM rcL 0357D RM rcL 0356D _