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HomeMy WebLinkAbout75-17 Hurley, GaryF ermit Class EW Permit Number 75-17 STATE OF NORTH CAROLINA and Coastal Resources Commission ECEIVED JUN 2 7 2017 for DCVO= MHD CITE' 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 Gary Hurley, 6601 Sylvan Lane, Wilmington, NC 28411 Authorizing development in New Hanover . County adi. to Howe Creek, 6601 Sylvan Lane, Wilmington , as requested in the permittee's application dated 3/17/17, incl attached workplan drawings (2), 1-2 of 2, both dated 3/17/17. This permit, issued on June 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 ro lines, imprisonment or crvu action; or may cause me permit to ce min ana vota. Docking Facility 1) This permit authorizes only the reconstructed 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 reconstructed 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 reconstructed docking facility. Any sewage discharge at the reconstructed 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. /L Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Gary Hurley Permit No. 75-17 Page 2 of 3 i 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 parry. 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 5 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) No portion of the authorized docking facility shall extend into the channel portion of the waterbody. 8) 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. 9) 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. 10) 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. U.S. Army Corps of Engineers Conditions 11) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf. 12) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the State of North Carolina. 13) Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. f. Gary Hurley Permit No. 75-17 Page 3 of 3 ADDITIONAL CONDITIONS 14) The permittee, upon receipt of a notice of revocation of the federal permit or upon its expiration before completion of the work shall, without expense to the United States and in such time and manner as the project condition. General 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) 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. 17) 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. 18) 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 assigned the proposed project Action ID No. SAW-2017- 00779. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 2017-0457. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED JUN 27 2017 DOW4a- MHD !CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Gary Hurley COUNTY: New Hanover PROJECT NAME: Community Docking Facility Replacement LOCATION OF PROJECT: 6601 Sylvan Lane, adjacent to Howe Creek, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-6-17 ✓ FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: CourtneySpears DISTRICT MANAGER REVIEW: JP— 7_-- B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 4-13-17 1/NT �re6 c b 4w ADJ. RIP. PROP NOTICES REC'D: Sallk&pl y APPLICATION ASSIGNED TO. C) 75 DAY DEADLINE:I'f) MAIL OUT DATE: 4-10-17 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $250/#4217V 411�%lEND OF NOTICE DATE: 5-4-17 4Y ni11 DEED REC'D: 3 -0 ON: 150 DAY DEADLINE: STATE DUE DATE: 54-17 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative ✓ Coastal Management - LUP Consistency Fp S 17 Division of Community Assistance 1 %J 0 ✓ Land Quality Section (DEMLR) 1) 1 Division of Water Resources (401) 2-0 WG Storm Water Management (DEMLR) 5 $ State Property Office Division of Archives & History L 1 Division of Environmental Health I ( $ 17 ✓ Division of Highways Wildlife Resources Commission Local Permit Office Zt, 17 ✓ Division of Marine Fisheries / DCM 4 jel 11 / M _ L'P H Q Q7. Corps of Engineers 6/2 it 1 ✓ . lw- 2017-007 VWS y(w/11 Recommendations for State Permit — Gary Hurley 4/10/2017 The total area of floating docks and platforms was calculated as follows: Shoreline length = 200' x 8 sq. ft. = 1600 sq. ft. allowable Pier = 185' x 6' = 1,110 (not included in calculation due to access) Proposed platform = 16' x 16' = 256 sq. ft. Proposed floating dock = 70' x 7' = 490 sq. ft. Total = 746 sq. ft. The proposed new configuration would allow the facility to accommodate five (5) vessels at this location. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the eight square foot rule and would not encroach into the 15' adjacent riparian corridor setback requirement. The proposed facility would not meet the '/4 width or the 1/3 width rule, but would stay within the current footprint of the existing facility, will serve the same use, and will comply with the rules to the maximum extent possible which is CONSISTENT with 15A NCAC 07J.0211 Non -conforming Development. If the facility were held to the'/4 width distance the slips would be located in water depths of approximately 0' at NLW. The proposed structure would be located entirely over open water and incorporate 187 fewer square feet than the existing facility. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. RECEIVED APR 12 2017 DCM- MHD CITY MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner' Subject: Consistency Determination, Major Permit Application, Gary Hurley, New Hanover County Date: June 5, 2017 -- - Y ION: This project is consistent with the 2016 New Hanover County Co nsive Land Use Plan. The applicant proposes to replace an existing docking facility at 6601 Sylvan Lane, adjacent to Howe Creek in New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are EW and PT. Waters at the project site are classified as SA-ORW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2016 New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection/Conservation. In general, New Hanover County allows development in Resource Protection and Conservation classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Comp. Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the 2016 New Hanover County Comprehensive Land Use Plan. Cc: File W_� Coastal Management ENVIRONMENTAL QUALITY April 10, 2017 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON DAVIS Moccwr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(c),ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Gary Hurley Project Location: 6601 Sylvan Ln., adjacent to Howe Creek, New Hanover Co. Proposed Project: to replace an existing community 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 March 4, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /r Y !v✓K fit q 1 9-� DATED K l (f ,( 7 Received APR 11 2017 State of North Carolina I Environmental Quality I Coastal Management DC M 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 Coats, Heather From: Mairs, Robb L Sent: Wednesday, June 07, 2017 4:24 PM To: Coats, Heather Subject: Hurley-6601 Sylvan Lane, NH Co. Hey Heather, This proposal will not require written approval from our office (DWR #20170457). Thanks, RM Robb Mairs Environmental Senior Specialist Division of Water Resources North Carolina Department of Environmental Quality 910 796.7427 office robb.mairsO ncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Coastal Management ENVIRONMENTAL QUALITY April 10, 2017 ROY COOPER Gommor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director TO: Dan Sams r APR, 2 0 20i) District Manager-DEMLR B Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats((Dncdenroov Fax: 395-3964 (Courier 0 16-33), SUBJECT: CAMA Application Review Applicant: Gary Hurley Project Location: 6601 Sylvan Ln., adjacent to Howe Creek, New Hanover Co. Proposed Project: to replace an existing community docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coaat the address above by March 4, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. SIGNED 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. DATEDTI 1 3 �o l7 RECEIVED DCM WILMINGTON, NC Stale of North Carolina I Environmental Quality I Coastal Management APR ! 2017 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Ea Coastal Management ENVIRONMENTAL QUALITY April 10, 2017 TO: F7: SUBJECT: Applicant: Georgette Scott Stormwater Section DEMLR - WiRO ROY COOPER Gowmor MICHAEL S. REGAN Secretary ECEIVE APR 11 2017 BY: BRAXTON DAVIS Director Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa()..ncdenr.gov Fax: 395-3964 (Courier 04-16-33) CAMA Application Review Gary Hurley Project Location: 6601 Sylvan Ln., adjacent to Howe Creek, New Hanover Co. Proposed Project: to replace an existing community 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 March 4, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATED ?S DCM WEIVED ILM NGTON, NC Stare of North Carolina I Emironmenlal Quality I Coastal Management MAY O 127 Cardinal Dnw Ext., Wilmington, NC 29405 MA1 017 910496-7215 F 0111- Energy, Mineral & Land Resources ENVIRONMENTAL OUALIW June 12, 2017 Mr. Gary Hurley 6601 Sylvan Lane Wilmington, NC 28411 Subject: EXEMPTION Stormwater Project No. SW8170411 Hurley Community Docking Facility New Hanover County Dear Mr. Hurley: ROY COOPER Govermr MICHAEL S. REGAN Secretary TRACY DAVIS Dlrearor On April 11, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on April 25, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. SinceTly, For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: 111StormwatehPennits & Projects12017 \170411 Exemption12017 06 permit 170411 cc: Pippin Marine Construction New Hanover County Building Inspections Courtney Spears/Shaun Simpson-DCM WIRO RECEIVED DCM Morehead City Wilmington Regional Office Stormwater File JUN 19 2017 DCM- MHD CITY State of North Carolina I Environmertal Quality I Energy. Mineral and Land Resources Wilnvngton Regional Office 1127 Cardinal Drive Extension I W1lmington, NC 28405 9107967215 Coastal Management FMYIMNIIFNTILL O ALITI April 10, 2017 TO: Renee Gledhill -Early Dept. of Cultural Resources Archives & History 4pR t 4 2017 ROY COOPER (x Ws MICHAEL S. REGAN Sem� BRAXTON DAVIS Dwcro 0741 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext . Wilm., NC 28405 heather. coats(Wricdenroov Fax 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Gary Hurley Project Location: 6601 Sylvan Ln., adjacent to Howe Creek, New Hanover Co. Proposed Project: to replace an existing community 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 March 4, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED �3 - 1 ' 13- RECEIVED DCM WILMINGTON, NC mAY 0 2 2017 SloeotNonh Cuohw; Env,. fiml QNeliry I COMW AftAwfum 127 Cedml Dh,, Em, Wd..P,1n, NC 2M95 pp M-7967215 APR 2 5 Coastal Management ENVIRONMENTAL QUALITY April 10, 2017 TO: Shannon Jenkins Division of Marine Fisheries Shellfish Sanitation RECEIVED APR 18 2011 ROY COOPER Gommor MICHAEL S. REGAN Secretary DCM- MHD CITY ERAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCaD_ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Gary Hurley Project Location: 6601 Sylvan Ln., adjacent to Howe Creek, New Hanover Co. Proposed Project: to replace an existing community 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 March 4, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. A ""Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Far; AA* ffa�Nrs SIGNED jf DATED �i-ir-l% State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL OUALITY April 10, 2017 TO: APR 27 2017 NC DOT DISTRICT 3 David Harris NC DOT Roadside Environmental Unit ROY COOPER Goeeraor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(c),ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Gary Hurley Project Location: 6601 Sylvan Ln., adjacent to Howe Creek, New Hanover Co. Proposed Project: to replace an existing community 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 March 4, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 9 Ajl y DATED %g RECEIVED DCM WILMINGTON, NC MAY 0 2 2017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dmc Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY April 10, 2017 TO: ( . tl. Ott. I q. 03 Maria Dunn NC Wildlife Resources Commission For WiRO ROY COOPER Gavemar MICHAEL S. REGAN Secretary BRAXTON DAVIS Director APR 2017 RECEIVEDHowat con°n PnOQ� , FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Gary Hurley Project Location: 6601 Sylvan Ln., adjacent to Howe Creek, New Hanover Co. Proposed Project: to replace an existing community 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 March 4, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"* This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 MAY 0 /; 2017 910-796-7215 Coostal Management MWv *WWe O AUTY April 10, 2017 TO: RECEIVED APR 1 9 209 NEW HANOVER COUNTY PLANNING & ZONING Christine Boufford Local Permit Officer County of New Hanover ROY COOPER Goxrnxn MICHAEL S. REGAN V__1 BRAXTON DAVIS Lw,c . FROM Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext , Wilm , NC 28405 heather. coatsCa)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA Application Review Applicant: Gary Hurley Project Location: 6601 Sylvan Ln., adjacent to Howe Creek, New Hanover Co. Proposed Project: to replace an existing community 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 March 4, 2017. if you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached �j /J comments. SIGNED � DATED SWeor NaMCwow bnnrmme"QumJ" CaNWLf�pesl 127 Cad" Dnw Em., Wdmmpm. NC 29405 910-796-7215 DC1M WILMINGTON. N'C APR 262017 W ROY COOPER Governor MICHAEL S. REGAN Sema y BRAXTON DAVIS Dmdor April 10, 2017 TO: Curt Weychert Fisheries, Resource Specialist MHC-DCM FROM. Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of CoastalManagement 127 CardioaCDnve'Ext.; Vllitni:; NC'28406heather..coatsoC..ncdenr-gov Fax: 395-3964' Go SUBJECT: CAMA Application Review• Applicant:.° Gary Hurley Project Location: 660.1 Sylvan Ln., adjacent to Howe Creek, New Hanover Co. Proposed.. Project. to replace an existing community docking facility Please indicate below our agency's po-sition or viewpoint on the proposed project and -m, fhi oYr to ether�Gfat the address above by March 4, 2017. If you have any questions regarding the proposed project, contact Courtney Spears at (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments maybe attached** This -agency- has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. �J SIGNED DATED "t 9 Received APR 19 2017 DCM RECEIVED APR 12 2017 DC;M- MHD C-;TY State of North Carolina I Environmrntal Quality I Coastal Management 127 Cardinal Drive Em., Wlmingtoo, NC 29405 910-796-7215 May 31, 2017 Regulatory Division Action ID No. SAW-2017-00779; 6601 Sylvan Lane Community Dock / Gary Hurley Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Gary Hurley, to replace an existing community docking facility within Howe Creek. The proposed project is located at 6601 Sylvan Lane, within Howe Creek, Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.253361 N,-77.793261 W. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htti)://www.fws.eov/nc- es/mammal/manatee guidelines.odf. No dredging is authorized. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of REGt_IVED DCM WILMINGTON. NC JUN 0 2 2011 -2- the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation pattems within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. -3- 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Sincerely, f -- M1 Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Copy Furnished: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georigia 30303-8960 Mr. Chad Coburn Division of Water Resources a 51 North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Heather Coats North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Coats, Heather From: Mairs, Robb L Sent: Friday, June 02, 2017 1:01 PM To: Coats, Heather Subject: RE: Anthony Thornton minor mod Hey Heather, Thanks for the reminder. This proposal does not require written approval and we have no comment on this request. Thanks, RM From: Coats, Heather Sent: Friday, June 02, 2017 10:33 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Anthony Thornton minor mod Hi Robb, Just checking in on the status of your comments for the Anthony Thornton minor mod request that went out around 4/24. They are requesting two new fingers piers at their permitted docking facility. CAMA permit # is 12-17. Address is 7123 7`^ St, Surf City, Onslow County. Thanks! H. Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats(a) ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 <'- Nothing Compares.— Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 0 NEB Coastal Management ENVIRONMENTAL OUALITY April 10, 2017 ROY COOPER Governor MICHAEL S. REGAN Secrumry BRAXTON DAVIS p �� Director APR 1 ''ivfsicr 0 20/I �iRO, p f �'aterR Heidi Cox TO: Assistant Regional Engineering SupervisorWppY Public Water Supply-WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., INC 28405 heather.coats(),ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Gary Hurley Project Location: 6601 Sylvan Ln., adjacent to Howe Creek, New Hanover Co. Proposed Project: to replace an existing community 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 Marr4, 2017. If you have any questions regarding the proposed project, contact Courtney Spears At (910) 796-7423 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED �IISLI 7 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-7967215 RECEIVED DCM WILMINGTON, NC APR 2 0 2017 M, DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Gary Hurley 2. LOCATION OF PROJECT SITE: 6601 Sylvan Lane adjacent to Howe Creek, in New Hanover County Photo Index —2006: 23-7393: V 1,2 Latitude: 34°15'14.17"N Longitude: 77°47'.32.95"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 3/30/17 5. PROCESSING PROCEDURE: Application Received — 3/27/17 (initial), 4/6/17 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic System Planned — N/A (F) Type of Structures: Existing —Access pier, fixed platform, floating platforms, SFR Planned — New access pier, fixed platform, and floating platform (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water) 1,856 sq. ft. (incorporated) (C) Other (D) Total Area Disturbed: 1,856 sq. ft. (0.04 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to replace an existing community docking facility in Howe Creek. APR 12 2017 DCM- MHD CITY DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE - WILMINGTON, NORTH CAROLINA 28403-1343 May 31, 2017 Regulatory Division Action ID No. SAW-2017-00779; 6601 Sylvan Lane Community Dock / Gary Hurley Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: !RECEIVED JUN 0 5 2017 DCM- MHD CITY Reference the application of Mr. Gary Hurley, to replace an existing community docking facility within Howe Creek. The proposed project is located at 6601 Sylvan Lane, within Howe Creek, Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.253361 N, -77.793261 W. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.ndf. 2. No dredging is authorized. 3. The permittee must install and maintain, at his expense, any signal lights and signals .prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be -2- approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. The docks and piers extending over wetlands will be elevated sufficiently (a ` minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. RECENED JUN 0 5 2017 DCM- MHD CITY 991 12. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. RECEIVED JUN 0 5 2017 DCM- CITY 10 Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Sincer , Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Copies Furnished: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georigia 30303-8960 RECEIVED JUN 0 5 2017 DCM- MHD CITY -5- Mn Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Gary Hurley Page 2 9. PROJECT DESCRIPTION: The project site is located at 6601 Sylvan Lane, adjacent to Howe Creek, in New Hanover County. To locate the property from Market Street (NC Highway 17), turn right Middle Sound Loop Road and continue east through the traffic circle approximately 1.3 miles until you come to Sylvan Lane and make a right. The property of interest is at the terminus of Sylvan Lane. The property is approximately 1 acre and is approximately 6' above normal high water (NHW). The property is currently developed with a single family home and has approximately 200' of shoreline. The upland vegetation consists of a landscaped yard with a mix of hardwood and pine trees. There is currently a dilapidated community docking facility extending in a southwesterly direction from the property into Howe Creek. There is an existing access pier measuring approximately 6' in width and 190' in length with several remnants of fixed and floating structures at the terminus. It is apparent from Google Earth imagery that the facility was damaged in Hurricane Matthew in October 2016. Coastal Wetlands measuring approximately 20' in width run the length of the shoreline in the project area consisting primarily of Smooth Cordgrass (Spartina alterniflora) and Black Needlerush (Juncus roemerianus). The application states that the existing docking facility currently accommodates up to five (5) vessels in water depths of approximately -4.0' at NLW. The City of Wilmington/New Hanover County 2006 Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the Howe Creek are classified SA-ORW by the Division of Water Resources. The area is 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 replace an existing community docking facility in Howe Creek. The application states that an access pier measuring 6' in width by 185' in length would be constructed in the same alignment and footprint as the existing facility. The pier would terminate in a "T" head configuration with a fixed platform measuring 16' in width by 16' in length. From the platform a ramp would lead to a floating dock running parallel to the channel and measuring 7' in width by 70' in length. The application states that the proposed replacement of the existing facility would accommodate up to five (5) vessels in water depths measuring approximately -4.0' at NLW. The facility would extend approximately 187' into a water body measuring approximately 325', which would not meet the quarter width distance, but would stay within the footprint of the existing facility. The facility would not encroach into the adjacent 15' riparian corridor setbacks on either side. APR 12 Z017 10. ANTICIPATED IMPACTS: _ r:•�q� CITY The proposed new configuration would incorporate approximately 1,856 s . fit. of Estuarine Water and Public Trust Areas, which is 187 fewer square feet than the existing facility. The proposed new configuration would not encroach into the adjacent 15-foot Riparian Corridor Setback Area requirement. The proposed structures would extend approximately 187' into a waterbody measuring approximately 325' in width, which would not conform with the 1/4 width distance rule, but would not be any more waterward than the existing facility and would stay within the footprint of the existing facility. If the facility were held to the '/4 width distance the slips would be in water depths of 0' at NLW. With the proposed configuration the structures would allow the facility to accommodate up to five (5) vessels in water depths of approximately —4.0' at normal low water (NLW). Minor increases in turbidity should be expected during construction. Submitted by: Courtney Spears Date: 4/10/2017 Office: Wilmington Dom NP-t ry APPLICATION for Major Development Permit (Lost rewl .d 12127M) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Pmoct Name (if applicable) Applicant 1: First Name MI Last Name AaMry Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address k+Dl S lOdi1 (Ll�� PO Box City 4111mlh Stale ZIP Country ! H✓1 Phone No. '# FAX No. Street Address (if different from above) City State ZIP Email .J t 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI last Name ; Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City Slate ZIP T° Phone No. 1 910 - "W- a63V ext- Phone No. 2 ext. FAX No. Contractor # Street Address (if different hmm above) City State A 12 ZQ Email DCM- MHD COT <Form continues on back> ?ECEIVED DCM WILMINGTON, NC MAR 2 7 2017 4-838-4RCOAST .. mww,accoastai management. net Form DCM MP-1 (Page 2 of 4) APPLICATION for tw Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # 10 e*- 4/40 S aen 14Atlo Subdivision Name City Gjlr/M State Zip -0-&1// f' an Lr Phone No. Lot No.(s) (if many, attach additional page with fist) _ ext. I I I I , a. In which NC river basin is Me project located? Name of body of watner nearest to proposed project aye AQ e LIr S c fk c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. atural DMartmede Dtlrrknown lie a. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed Yes []No work falls wit%hin. /k� j I � 4. Site Description a. Total length of shoreline on the tract (A) b. Size of entire tract (sq.tt) _206 I e c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) f G NtfW or DNWL e. Vegetation on tract LAtioeSca-le4- PQ'rd f. Man-made features and uses now on tract �n fle- RECEWE© g. Identify and describe the eAs ingland uses adiacent to the proposed project site APR 12 201 Wes��e.pz4I&[` DCM- � r"f-' CITY h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) �ef� Yas DNo DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes No DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Dyes No DNA National Register listed or elfgfbte proper . <Form continues on next page> RECEIVED DCM WILMINGTON, NC 2. r2.848.88if t3 .. 1.888.4RCOAs'; ,, w-w%v.nccoastatmanagement.ne Form DCM MP-1 (Page 3 of 4) APPLICATION for V44— Major Development Permit m. (i) Are there wetlands on the site? No (ii) Are there coastal wetlands on the site? ,❑,,Y"es Ies ❑No (❑Yes (iii) If yes to either (i) or (it) above, has a delineation been conducted? YCIN- (Attach documentation, if available) J''� n. Describe existing wastewater treatmentfacilities. PKI v6 o. Describe existing drinkce drinking water supply sour. V(Ak- p. Describe existing storm water management or treatment systems. SA-4cce & AcUvides and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial I]PubliclGovemmeni private/Community b. Give a brief description of purpose, use, and day p operations of the riect when cDmpfete. C/616rn,;ki � Dock/4?f 'AG%llsl c. Describe the proposed construction methodology, types of constriction equipment to be used during construction, the number of each type of equipment and where it is to be stored. /`/ ` ` 71 y; t°I, 64.rbwG f/ 4 As/n q iIOC[ j`/H�/ 6(%/ /l rf C �� Oil -Mdpred on SiAe d. List all development activities you os x i B s Fi xc lkk /6 -(I)red dPut r% X ?O fr/D4 Y1lk� '006� "091a t In u.s►. o d e. Are the proposed activities maintenance of an existing project' new , of both? f. What is the approximate total disturbed hard area resulting from the proposed project? ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes o ONA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. C'y ` r o S f It APR i2z 1. Wm wastewater or stomuwater be discharged into a wetland? )]Yes No )]NA _ If yes, will this discharged water be of the same salinity as the receiving water? [3Yes �/No EINA j. Is there any mitigation proposed? ❑Yes XN. DNA If yes, attach a mitigation proposal. <Form continues on back> r'7 Dry L iJ RECEIVED DCM WILMINGTON, NO 252-80H.28.08 .. ;-S;s$ .. _. ww t <..., =-Irnanagernent.net MAR 27 2017 ZU Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnfonnatlon In adddion to this completed application form, (MP-1) the following dems below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) 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, drawirgs 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 ride 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 pawl 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 Col d 454 Phone No. Address (*0^1 Itru. Is,.. LJt�m,nr nIJC18ti111 916 Name I klChrw-P}�'/`I_r�a i Phone No. Address a'' O q I�t (A1(c �d LoaD eA Ut 1 *1 irla6i IW Nq I Name Y Phone No. Address g. A list of previous state or federal permits issued for work on the project tract Include permit numbers, pennittee, and issuing dates. h. Signed consultant or agent authorization form, it applicable. i. Welland delineation, if necessary. j. A signed AEC hazard nofice 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. B the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on Land I understand that any permit issued in response to this application will allow only th The project will be subject to the conditions and restrictions contained in the permit. I certify that t am authofized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the afdrementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certif hat t e information provided in this application is Iru l�to the/y�gst of my knowledge. ,. Date Print Name - F , •- v �. J Signature AFI-1 1 2 2017 .7, 47 Please indicate application attachments pertaining to your proposed project. DCM- M H D C i 'i' ❑DCM MP-2 Excavation and FRI Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC -...F, 2-803.2308 ., 1-,', 88-4R CCiAST .. ^;w;,v. or. cea 5tzi mrt z ct calm_n T. ne-s 0 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 projesY Please ocl>ade at) supplemental informat on. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: L, ❑Commercial ❑Public/Government Y1 Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public'? ❑Yes WNo c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes WNo (u) Number If yes: (iii) Length (if) Number (iv) Width (iii) Length (v) Floating []Yes LryN0 (fv) Width _ (v) Floating ❑Yes []No e. (I) Are Platforms included? &(/es ❑No f (f) Are Boatiffts included? ❑Yes pu No If yes: If yes: (fi) Number ) (if) Number Length (fit) Length /(^ (ei) (iv) Width L (iv) Width (v) Floating []Yes XNo Note: Roofed areas are calcul ted from drfpline dimensions. 0OCK /- 9X70 F/d4lr`rg g. (i) Numbe of slips proposed h. Check all the types of services to be provided. j ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies / [I Dockage ('wet slips") only, number of slips: i!� S7^ ❑ Dry storage; number of boats: ❑ Boat ramp(&); wmber of boat ramps: Other, describe: �please Abee— i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel Xpen water; no dredging required ]Other; please describe: k. Typical boat length: y' m. (i) Will the facility have tie pilings? ❑Yes Xo (ii) If yes number of tie pilings? j. Describe the typical boats to be served (a. open runabo charter boats, sail boats, mixed types). RECEIVED APR 12 2017 "HD CITY I. (i) Will the facilitybe open to the general public? ❑Yes No RECEIVED DCM WILMINGTON, NO 1•8884RCOAST :; Www.nccoalstalmana ement-net r /06 N E'Sxi m DCM MP-4 (Structurps, page 2 of a) 2. DOCKING FACILITY/MARINA OPERA770AIS (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 ❑ 6oatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed or? 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 docaage? APR 1 2 417 k. Describe design measures that promote boat basin flushing? _sue r;-Y I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? RECEIVED DCM WILMINGTON, NC []Yes ❑No MAR 2 7 2017 252-1308-2808 :: 1-888.4RCOAST :: www.nccaastalmanag-ement.net revised: 12I27/06 F- -o-em DCM MP'-4 (structures, page 3 of 4) 0 n. Is the marinaidocking facility proposed within a adjacent to any shellfish harvesting area? ❑Yes QNo o. Is the marinatdocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None p. Is the proposed marinaidocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑ No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) This section not applicable a. () Is the boathouse shuctureM: []Commercial ❑PubliciGovemment ❑Private/Community (11) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetpde, etc. N a rock groin, use MP-Z, Excavation and Fill) (This section not applicable I a. (I) Number (ii) Length (III) Width _ BREAKWATER (e.g., wood, sheetplle, eta) ATlris section riot app,freble a. Length _ b. Average distance from NHW, NM, diwetiands c. Maximum distance beyond NHW, NWL a wetlands 6. MOORING PILINGS and BUOYS is section not applicable a. is me sauauretsy ❑Commercial ❑PublictGovemmerd ❑PrivatelCommunfly c. Distance to be placed beyond shoreline Note: This should be measured firm marsh edge, if present. e. Arc of the swing 7. GENERAL d. Description of buoy (color, inscription, size, anchor, etc.) of,M- !!!HD CiTy RECEIVED DCM WILMINGTON, NO MAR 2 7 2017 252.8od•260u ;; 1-88844RCOAST :: www.nccoastatmanagement,net revised: 12/2TI06 Form DCM MP-4 (structures, Page 4 of 4) M a. Proximity of structure(s) to adjacent riparian property lines 4 — /�,O' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body /K! r e. (1) Will navigational aids be required as a Tesuft 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. d. Water depth at waterward end of structure NLW or NWL ++u 8. OTHER ❑This section not apprcable a. Give complete desalp8on: I Project Name ' Applicant Name Applicant / r / MECE 1`D APR 12 2017 DVM- MHD CFFY RECEIVED DCM WILMINGTON, NC MAR 2 7 20V 252-808.2808 :: 1-888.4RCOAST :: www.ngcaastal.management.net revised: 12!27106 P. O. Box 11291 Wilmington, NC 28404 w .pippinmarine.com March 15, 2017 NCDENR 127 N. Cardinal Drive Wilmington, NC 28405 Office/Fax: 910-270-1290 Mobile: 910-471-2034 trip@pippinmarine.com The enclosed CAMA Major Permit application for Gary Hurley at 6601 Sylvan Lane is to construct a 6' x 185' pier with a 16' x 16' deck area at the end. There will also be a 7' x 70' floating dock with 4 to 5 boat slips. This dock will be for private use by the Sylvan Lane community. Trip Pippin Pippin Marine Construction, LLC RECEIVED APR 12 2017 CCM- l: HQ C117v RECEIVED DCM WILMINGTON, NC MAN 2 7 2017 DocksPiers - Pilings - Boat Lifts - Bulkheads - Floating Coastal Management ENVIRONMENTAL QUALITY Apn110,2017 Trip Pippin Pippin Marine Construction PO Box 11291 Wilmington, NC 28404 Dear Mr. Pippin: %f L- ROY COOPER Govemor MICHAEL S. REGAN 5'ecmary BRAXTON DAVIS Dimcler The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Gary Hurley, for State approval for development of the subject property located at 6601 Sylvan Lane, adjacent to Howe Creek, in Wilmington, New Hanover County. It was received as complete on April 6, 2017 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 20, 2017. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 6, 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. S' rely, (iel ourtney pears dRepresenta e cc: Heather Coats, DCM Tyler Crumbley, COE Doug Huggett, MHC Robb Mairs, DWR Christine Bouffard, LPO Gary Hurley, Applicant RECEIVED APR 12 2017 DCM- MH© CiTY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 NOTI(ol$170A CAMA PERMIT APPLIED FOR PROJ f COMMENTS ACCEPTED THROUGH May 4, 2017 APPLICANT: Gary Hurley 6601 Sylvan Lane Wilmington, NC 28411 0 a f FOR LMORELDETAILTSOCONTACT NC �iv.QC of Coasltal Management 127 Cardinal r. Lxtension Wilmington, Courtney Spears, Field Representative Pippin (910) 471-2034 2013024248 iFOR RECISTRRTION REGISTER OF DEED' NEW HRNOHEVE�RGHCOUN7Y WC 2013 JLL 02 0137,41 PM BK 5758 PG 2924-MI f E $26 00 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $650.00 Recording Time, Book and Page Tax Map No. Parcel Identifier No. R05100-006-010-000 Mail after recording to: This instrument was prepared by: Alan M. Solana, Esq. 1650 Military Cutoff Rd., H2O0, Wilmington, NC 28403 THIS DEED made this 171" day of June, 2013, by and between GRANTOR MIRA LEE KHOURY (unmarried); JOSEPH E. KHOURY, JR. (unmarried); CAITLIN A. KHOURY (unmarried); MONA KHANOYAN 6 husband, ARA KHANOYAN; ELIANA KHAYAT (unmarried); and LESLIE KHOURY HURLEY 6 husband, GARY R. HURLEY, JR. Address: 2117 Gibson Avenue, Wilmington, NC 28403 GRANTEE GARY IL HURLEY, JR. & wife, LESLIE I{. HURLEY Address: 6601 Sylvan Lane Wilmington, NC 28403 The designation Grantorand Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land located in New Hanover County, North Carolina and more particularly described as follows: RECEIVED SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREW BY THIS REFERENCE. DCM WILMINGTON, NC MAR 2 7 2017 All or a portion of the property hereinabove described was acquired by Grantor by Instrument recorded in Book 5581, Page 575, New Hanover County Registry A map showing the above described property Is recorded In Plat Book _ Page(s) _, and referenced within this Instrument The above described property, does X does not Include the primary residence of the Grantor TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee In fee simple And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title Is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Title to the property herelnabove described Is subject to the following exceptions IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer(s), the day and year first above written. (SEAL) MliaFLEE KHOURY STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER _._`(SEAL) JO H E VOURY, JR certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document MIRA LEE KHOURY (unmarried) and JOSEPH E KHOURY, JR (unmarried) J✓ Witness my hand and official stamp or seal, this the day , 2013 My Commission Expires 21 May 2018 NOTARY JUBLIC Print Notalry Name Michelle Camlmh NOTARY PUBLIC H;.- ,CI'vL_J APR 12 2017 RECEIVED DCM WILMINGTON, INC MAR 2 7 2017 All or a portion of the property heremabove described was acquired by Grantor by instrument recorded in Book 5581, Page 575, New Hanover County Registry A map showing the above described property is recorded in Plat Book , Page(s) _, and referenced within this Instrument The above described property does X does not include the pnmary residence of the Grantor TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple And the Grantor covenants with the Grantee, that Grantor Is seized of the premises In fee simple, has the right to convey the same in fee simple, that title Is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Tile to the property hereinabove descnbed is subject to the following exceptions IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duty authorized officer(s), the day and year first above written. (SEAL) GAITUN A KHOURY STATE OF vC Or GI' V COUNTY OF FIR I I V/' I certify that the following persons) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document CAITLIN A KHOURY (unmarried) Witness my hand and official stamp or seal, this the / 9 day of June, 2013 My Commission Expires Print Notary ?s JULY Tt _ 13 t < 2015 e�• ",wit 11111110% APR 12 2C1i DICM- t. YffN rya-,-v RECEIVED DCM WILMINGTON, NC MAR 2 7 2017 All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book 5581, Page 575, New Hanover County Registry A map showing the above described property is recorded in Plat Book_ Page(s) _, and referenced within this instrument The above described property does X does not include the primary residence of the Grantor TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and thatGrantorvnll warrantand defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Title to the property hereinabove described is subject to the following exceptions IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer(s), the day and year first above written (SEAL) v/ (SEAL) HAN AN AqAl<HANOYAN STATE OF _ I 1 COUNTY OF F I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document MONA KHANOYAN and husband, ARA KHANOYAN Witness my hand and official stamp or seal, this the 4June,2013 My Commission Expires OT tart'NiY7t 'z—tJ Print Notary Name MctnyliY61KW SWE OF7VAS I(stvcmEmjaolkws RECEIVED DCM WILMINGTON, NC MAR 2 7 2017 r All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book 5581, Page 575. New Hanover County Registry A map showing the above described property is recorded in Plat Book _ Page(s) _, and referenced within this instrument The above described property does X does not include the primary residence of the Grantor TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumW6n-E­es, and that Grantorwill warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Title to the property hereinabove described is subject to the following exceptions IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer(s), the day and year first above written (SEAL) ELIANA KHAYAT STATE OF COUNTY OF Republic of Lebanon ) city of Beirut ) Embassy of the United) SS. States of America 1 I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document ELIANA KHAYAT (unmarried) Witness my hand and official stamp or seal, this the day of une, 1113 • RBChe) C. My Commission ExpiresMY ado"nddx*e O OV TARY PUBLIC Print No Name APR 12 2017 RECEIVED DCM WILMINGTON, NC MAR 2 7 2017 All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book 5581, Page 575, New Hanover County Registry A map showing the above described property is recorded in Plat Book _ Page(s) _, and referenced within this Instrument The above described property _ does X does not Include the primary residence of the Grantor TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantorwill warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Title to the property heremabove described is subject to the following exceptions IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer(s), the ay and year first above written. ,I e-� , / n GARY HURLEY,JR STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document LESLIE KHOURY HURLEY and husband, GARY R HURLEY, JR Witness my hand and official stamp or seal, this the ZK/ day of 013 My CommissionExpifes �rniirrN", �i�� NOTAR UBLIC �! �l to/S� `` �: •••.......,_ �/a.. Ifil So�G.Zc� =Print Notary Name �! " "so�9�<ip\ jGD APR 12 2017 RECEIVED DCM WILMINGTON, NC MAR 2 7 2017 EXHIBIT "A" FIRST LOT A certain tract of that land divided by William S Dugan, Jr, by deed recorded in Book 1146 at Page 1549, and designated therein as Tract It TRACT V BEGINNING at an Non pipe which ;s located South 27' 37' East 155 43 feet, South 62' 23' West 30 feet; South 26' 18' West 155 feet, South 27'37' East 200 het, and South 26' 18' West 180 feet from a concrete monument at the point of Intersection of the center line of Middle Sound Road, S R #2403, with the center line of Stoneybrook Road, all as shown on map of Section 1 of Stoneybrook recorded in Map gook 18 at Page 109 in the New Hanover County Registry, running thence from said begmning point North 77' 35' Wert 41741 feet, thence South 19' 43' West 27686 feet, thence South 35' 03' East 319 2 feet, thence North 39' 17' East 267 15 feet to a concrete monument, thence the same course continued North 38' 17' East 38 33 feet, thence North 82' 46' West 248 34 feet, thence North 46' 20' East 38 66 feet, thence South 82' 46' East 107 feet, thence North 38' 17' East 88 73 feet, thence North 52' 13' East 108 27 feet, thence North 26' 18' East 22 55 feet, thence North 63' 42' West 10 feet to the point of beginning, the same being a portion of those lands described in deed to William S Dugan, Jr, recorded In Book 1146 at Page 1174 in the New Hanover County Registry 1 SECOND 1,07 An undivided one -fifth (1/5) interest in two tracts of that land divided by William S. Dugan, Jr., by deed recorded in took 1146 at Page 1549. and designated therein as Tracts Vii and VIll, me follows, TRACT V�II: BEGINNING at a concrete monument in the southwestern line Of Mlddie Sound Road, S.R. 11403, (30 fast from the center line thereof) which said concrete monument being located South 27 degrees 37 minutes East 156.43 f*et; South 62 4399res6 23 minutes Nest 30 feet and South 21 degrees 37 minutes Most 249.5 feet trm a concrete monument at the point of intersection of the center 1t" of middle Bound Road vith the center line Of Stonsybrook Road all as shown on map of Section 1, Stonoybroek records,, If, map Book 10 at Page 109 In the New Hanover County Registry, running thence from said b69Lnn1nq point South 26 degrees 16 minutes Nest 305 85 tut; thence North 63 degrees 42 minutes Nest 40 feet, thence North 76 degrees 18 minutes Bast 335 feet to a point in the southwestern line of said Middle Bound Road; thence South 27 degrees 37 minutes Gat along said southwsatern line 49.5 feet to the point of beginning the same Wing a portion of those lands described in deed to William S uugan, Jr , recorded in Book 1146 at Page 1174 in the New Hanover County Registry. TRAagrT V31I• BEGINNING at a concrete monument which is located South 27 sea 37 minutes Bast 156.43 feet, South 62 degrees 23 minutes Nest 30 feet, South 27 degrees 37 minutes East 249.5 feet; and South 26 degrees 18 minutes Nest 335 3 feet from ■ concrete monument marking the point of tnterssctlon of the center line of middle Sound Road, S.R. 01,403, with the center lire of Stoneybrook Road, ell as shown on map of Section 1 of 8toneybrook, recorded in Nap Sook le at Page 109 In the New Hanover County Registry and running thence from said beginning point South 52 degrees 13 minutes Not 111,5 feet to another concrete monument; thence South 38 degrees 17 minutes Nest 102.92 feet; thence North 62 degrees 46 minutes Nest 148.34 feat, thence North 46 degrees 20 minutes East 38.66 feet; thence South 02 degrees 46 minutes Zest 107.0 feet, thence North 38 degrees 17 minutes East 08.73 tact; thence North 52 degrees 13 minutes East 708.27 feet; thence North 26 degrees 18 minutes East 22.55 festj thence South 63 degrees 42 minutes East 30 feet, thsnce South 26 degrees 18 minutes West 29.45 feet to the point of beginning, the same Wing a portion of those lends descrLWd in dead to William 8 Dugan, Jr., recorded In Book 1146 at Page 1174 In the Nov Hanover County Registry TOGETIIER• WITH *asemente, rights of way, and boat docking rights appurtenant thereto, and subject to the Restrletlons and Agreements of record, all as described end provided in Restrictions in that deed recorded in Book 1146 at Peg* 1553 of the New Hanover County Registry, as modified and amended by Instruments recorded In Book 1149 at Page 362, and In Book 1161 at Page .1608, and in Book 1173 at Page 1636, and in Book 1441 at Page 747, all of the now Hanover County Registry RECEIVED DCM WILMINGTON, NO MAR 2 7 2017 '�tiNTY: \RI Igg9z TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book: Document No: NC REAL ESTATE EXCISE TAX - Recorder: WILMINGTON, NC 28401 0710212013 01.37:41 PM RE 5750 Page: 2824-2831 2013024248 8 PGS $26.00 $650.00 JOHNSON,CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2013024248* 2013024248 RECENEJ APR 12 2017 r, - Noma C 0fd RECEIVED DCM WILMINGTON, NO MAR 2 7 2017 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Address of Property: 66o ( YrryrT'� rjJN"`r tt—���10 - t =� ( (14,\�6s� (Lot or Street #, Street or Road, City & Countyy)) Agent's Name* D)r17110171 Mailing Address: Agent's phone#: °il0-N%(- L0;q 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. 1 have objections to this proposal. If you have objections to what is being proposed you must notffy tine Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http:Uwww.nccoastalmana-gement. neNwebicmistaff-listiccr orby calling 1-888-4RCOAST. No response is considered the same as no objection N you have been notified by Certified Mail. _ WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) 1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement_ (Property Cvn.4r Information) Signature) c a-:7 (-I -may Print or Type Name Mailing Address Gt &AA)ry ram} ,'AC 21q 1 Z/2t .,. 03 �s etM4�51;��st Email Address (Riparian Property Owner Information) Signature Print or Type Name RECEWED Mailing Address APR 12 2017 Crty/stataiDp Telephone Number/Email Address RECEIVED DCM WILMINGTON, NC ►_,, ivwR 2 7 2017 (Revised Aug. 2014) N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date Z12-1 1 I 1 Name of Property Owner Applying for Permit: Mailing Address: C- Z�L{ 11 �) n , N - I certify that I have authorized (agent) 1 ("k r i P` i t v to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) V cx�—' at (my property located at) t S / Ly JA�Lf UJI Lk fit- Zg� This certification is valid thru (date) 1 2/31117 Z-17,111 � RECE;VE© APR 12 2017 C�`�1- [",;�� '- 'Y Date 'EC&VEL DCM WILMINGTON, NC MAR 2 7 2017 1 z62.E 5h92 2000 Oh90 540Z EOBE 5h92 2000 Oh9O S'COI'_ ■ Complete items 1, 2, ands"' ■ 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: 4a6'z11Qn6f J tS476q AA-f 6�07 Sy[U4�i L--7- A. Signature X �O Agent ❑ Atldre B. Received by (Printed Name) C. Date of Dal D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No Service Mail Express, II I Illlil I'll III I I I I I l I 1111 II II I II II II I II I I III3. ❑ Adult Signature ❑ Adult Signature Restricted Delivery egistered MailTM O Regs ❑ Registered Mail Restricted 9590 9403 0311 5155 3813 63 ❑ Certified Mail® ❑ Mail Restricted Delivery Delivery ❑ Return Receipt for collet ❑ Collect on Delivery Signature ise 2. Article Number (%/a/Isfellrom service Isbell ❑ Collect on Delivery Restricted Delivery Signature Confirmation'"' 7015 0640 0002 2845 tail 3797 Iail Raetgtgd oeli�e,y El Signature Confirmation Restricted Delivery PS Form 3811 , April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. • ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. b 1. Article Addressed to: mtchGe/ Levu ❑ Agent X A s./'..c__ by (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No IIIlillllllllllllilllllllillllllllllll IIIIIIII0. ice 11 Priority Mail ❑Ad�"Sgnat reRestrictedDelivery ❑RegistRegistered Mail Restritea 9590 9403 0311 6155 3813 70 ❑ Cer lied Mails, ❑ Certified Mail Restricted Delivery Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery O Signature Confirnatbn'" M Insurt Mal 71115 0640 0002 2845 3803 Bail Restricted Delivery ❑ Signature Confirmation Restricted Delivery of PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt 7 � U M NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern on April 6, 2017, in Wilmington, New Hanover County as designated under the CAMA: Gary Hurley proposes to replace an existing community docking facility at 6601 Sylvan Lane, adjacent to Howe Creek, and JAM Properties, LLC clo Dan Smith proposes to reconfigure and expand an existing private docking facility at 8128 Bald Eagle Lane, adjacent to the AIWW. Copies of the applications can be examined or copied at the offices of Courtney Spears, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 4, 2017 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED APR 12 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 G orcy la(,_P�EY Wz- DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3900 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 Itl(D). If General Water Quality Certification No. 3900 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40%($190) RECEIVED APR 12 2017 DCM- MHD CITY date Dt Name gf`}�ev tritt' Check Fitt (Na mej endor '7 Received Deposited Holder Pippin Marine Construction Wells 3127!_ 2017 _ LLC Gary Hurler _ Fargo Permit~— ; Major/Mifior i Receipt # NOTES Number/Comments major, 6601 Sylvan Major Lane, Wilm NHC no split CS rct. 3619D No split 4217 $250.00 5A ROY COOPER Gommor MICHAEL. S. REGAN Secmmry Coastal Management ENVIRONMENTAL QUALITY April 11, 2017 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in New Hanover County • JAM Properties, LLC • Gary Hurley • Randy Dickens • Joseph Coates Kyle & Heather: Please publish the attached Notice in the Thursday, April 13, 2017 issue. BRAXTON DAVIS Dimcmr The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Sincerely, Z'e � Shaun K. Simpson Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wihnington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY 19,2017,2017 2 Star News Legal Advert 1 Post Office Box Wilmington, No Section 28402 Re: Major Pub 'c Notice • JAM Prop ies, LLC/ New Hanover Co. • Gary Hurley%NewHanoverCo. Kyle & Heather: Please pua attached Notice in the The State Office of Budget payment for newspaper advertising. Please send the original affidavit and in Coastal Management, 127 Cardinal Drive credit card to the attention of Tanya Wrig Please email a copy of the credit Thank you for your at our Wilmington office. , cc: Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM receipt to in this matter. ROY COOPER Governor MICHAEL. S. REGAN Secretary BRAXTON DAVIS Director May 4, 2017 issue. an original Affidavit of Publication prior to payment to Shaun Simpson at the NC Division of 1, Wilmington, NC 28405, 910-796-7226. Paying by t # 796-7215). have any questions, please contact me Sincerely, Shaun K. Simpson Permitting Support & Customer RECEIVED APR 12 2017 DCM- MHD e�, Y State ofNorth Carolina I EovironmeoW Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 91M96-7215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Pages Creek Fee: $250 ck #4217 CDAITS ✓ MHC cc Applicant: GaryHurley Agent/Contractor: Trip Pippin Project Site County: New Hanover Staff: Courtney Spears District: Wilmington Project Name: Hurley Private Docking Facility Rover File: n/a River Bas' ' Initial date of application submittal: 3-27-17 Date application "received as complete" in the Field office: SITE DESCRIPTIONIPERMIT INFORMATION ORW: Yes ❑No PNA: Yes ❑No Photos Taken: Yes No Setback Required (riparian): Yes No Critical Habitat: ❑Yes ❑No PONotSure 15 foot waiver obtained: ❑Yes PqNo Hazard Notification Returned: ❑Yes gNo SAV: [-]Yes No ❑Not Sure Shell Bottom: ❑Yes No ❑ Not Temporary Impacts: OYes ❑No Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use cla sification come Yes ❑No Mitigation Required (optional): ❑Yes %No from county LUP: Moratorium Conditions: Environmental essment Done: Length of Shoreline: ❑Yes o JNA ❑Yes ❑No MA 'ZOO" FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or-(I lose ? ()• OLf SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) [Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑;(LS)Sea lavender(Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altra) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typhe sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Saltlmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 El III(A) Private w/ D&F up to 1 acre; 3490 ElIII(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 El Minor Modification to a CAMA Major El Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 [1III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 1, r ❑ Major development extension request - ❑ II. Public or commercial/no dredge ` $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQagreement -$400 DCM- VHD Gary Hurley Date: 3-27-17 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Replace Maint t❑* 'j Y IU� (j New Work Replace t� Maint ❑ ❑ Y � N 4' I New Work Replace Maint ❑ ❑ Y IV N New Work-0—Replace Maint ❑ ❑ Y ❑ N New Work= Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount tempimpacts) amount II U W Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill [I Both [I Other ❑ pp— f\ C E I V E APR 12 2017 DCM- MHD CITY 919-733-2293 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 10112JOS