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76-17 Knierim, Mark & Roxann
Permit Class NEW Permit Number 76-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 'Vern't for (RECEIVED JUL 0 7 2017 X Major Development in an Area of Environmental ®Qd& M H D CITY pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Mark At Roxann Knierim, 337-A Dogwood Lane, Hampstead, NC 28443 Authorizing development in Pender County adj. to Nixon Creek, 172 Olde Point Road, Hampstead , as requested in the permittee's application dated 12/6/16 (MP-1). and 617/17 (W-2 & MP-4) incl. attached workplan drawing (1), dated 5/18/17. This permit, issued on June 27, 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 to tines, imprisonment or civil action; or may cause me permit to De nun ana vola. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. F t Braxton eDavis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Mark & Roxann Knierim Permit No. 76-17 Page 2 of 5 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 4 formalized boat slips. Docking space on the landward side of the floating dock is not authorized under this permit. Cleats shall not be installed on the landward side of the floating dock. 6) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine the width of the water body shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. 7) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 8) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 9) The authorized covered platform shall be single story, and shall not be designed to allow for second story use. 10) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 11) The authorized project is partially 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. New dredging in any manner, including "kicking" with boat propellers, outside of the alignment show on the attached workplan drawings, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. NOTE: The area of excavation authorized under this permit is not designated as a Primary Nursery Area. RECEIVED JUL 0 7 2017 e M- M IMark & Roxnnu Knierim Permit No. 76-17 Page 3 of 5 ADDITIONAL CONDITIONS Excavation 12) In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and September 30 of any year without prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers, in consultation with appropriate resource agencies. 13) Excavation shall not exceed -5 feet below normal low water. In no case shall the depth of excavation exceed the depth of the connecting waters. 14) No vegetated wetlands shall be excavated or filled. No excavation shall take place within 10' of any Coastal Wetlands. 15) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. 16) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 17) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. 18) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. . RECEIVED JUL 0 7 2017 Sedimentation and Erosion Control 19 In order to protect water quality, runoff from construction shall not vis�rM- Me CITY p q ry, y increase a amount of suspended sediments in adjacent waters. 20) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Maintenance Clause 21) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Mark & Rozann Knierim Permit No. 76-17 Page 4 of 5 e RECEIVED JUL 0 7 2017 DCM- MHD CITY ADDITIONAL CONDITIONS U.S. Army Coms of Engineers Conditions 22) 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 httn://www.fws. og v/nc- es/mammal/manatee euidelines.yd 23) A ten -foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh vegetation shall be instituted as described and shown in the revised plans dated May 18, 2017. 24) The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAW Web- NAV(usace.armv.mil. 25) 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. 26) 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. 27) 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. 28) 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. 29) The permittee, upon receipt of a notice of revocation of the federal 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. Mark & Roxann Knierim Permit No. 76-17 Page 5 of 5 ADDITIONAL CONDITIONS General 30) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 31) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. 32) 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. 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-2016- 00607. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 2016-1257. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED JUL 0 7 2017 M- MHD CITY Division of Coastal Mana�� e>ffit Aualication Processine Notes Applicant: VPl Iee.ckA Twe (check all that aunlvl NEW ✓ MAJOR MOD MINOR MOD RENEWAL TRANSFER Permit Coordinator: LAB Field Representative: �7- )h-L— Date/Time Messa e j Z/ V/I6 TALK 0 To /kO/i,^n Mco7 "100 Yb1z S1ia,� s w Imo- k-�E&&$ SST, SA;O WowL-o T41LV G+` ,of IT- lowve 'To't tw L ° f lig. No INFO SST: I -m e6vti 5r6 T- PIn C -ro Soa-Lr s l+ fcctfvtc( Fv ca S'r �a� t4 LiZ. SP+�t cE• �vni t io sue' 9 -C,ck it.4.c ol� �'NQL-jt ,i. RN4 CuMd k tV,k-S 9,,3 {fir RECEIVED JUL 0 7 2017 DCM- MHD CITY x✓ 0CM MP4 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Mark MI Last Name Knierim Applicant 2: First Name Roxann MI Last Name Knierim If additional applicants, please attach an additional page(s) with names listed. Mailing Address 337-A Dogwood Lane PO Box City Hampstead State NC ZIP 28443 Country USA Phone No. 910-431-4135 ext. FAX No. Street Address (if different thorn above) City State ZIP Email rknierim55@gmail.com 2. Agent/Contractor Information Business Name Maritech, Lie Agent/ Contractor 1: First Name Adam MI Last Name Knierim Agentl Contractor 2: First Name MI Last Name Mailing Address 108 Circle Drive PO Box City Hampstead State NC ZIP 28443 Phone No. 1 910-297-7710 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (d different from above) City Slate ZIP Email adamknierim@gmail.com Fitli=l V CL! <Form continues on back> DCM WILMINGTON, NC DEC 0 6 2016 252-808.2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) RECEIVED APPLICATION for Major Development Permit f" nrr . r 1(11C 3. Project Location County (can be multiple) Street Address q_ 6 ' Q C "M State Rd. # Pander 172 Olde Point Road Subdivision Name City State Zip Olde Point Hampstead NO 28443 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. 141, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Nixon c. Is the water body identified in (b) above, natural or manmade? d. Name the closest majorwater body to the proposed project site. ®Natural ®Manmade ❑Unknown Topsail Sound/AMM e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ONO work falls within. Pender 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +/-440 feet 29,519 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water leveq (If many lot sizes, please attach additional page with a list) 2-8 feet ONHW or ❑NWL e. Vegetation on tract Natural vegetation inclduing mature hardwoods, pines, woddy shrubs and coastal wetlands. I. Man-made features and uses now on tract Existing septic system and associated drain field. g. Identify and describe the existing land uses adiaoent to the proposed project site. Undeveloped tract to the west, residential homesite to the north, NO DOT road (Olde Point Rd.) to the east and Nixon Creek to the south. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes ONO ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, atach a copy. []Yes ONO ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? Pit=Ut:=l V CU <Form continues on next page> DCM WILMINGTON, NC DEC 0s2016 252-808.2808 .. 1-888-4RCOAST .. www.nccoastaiinanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? RYes [-]No IN) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes RNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Existing septic system including drain field. Cam• R `C E 1a V E D o. Describe existing drinking water supply source. 2016 None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Publir(Government RPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant is proposing to construct a residentait docking facility and conduct maintenance excavation to provide water access. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard marine construction methods and equipment will be used to construct the pier. Materials will be stored onsite. A barge mounted excavator will be used to conduct mechanical maintenance excavation. A skidsteer will be used to off load the excavated material at the designated spoil location. d. List all development activities you propose. The applicant is proposing to construct a residentail docking facility and conduct maintenance excavation to provide water access. e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 40,000 RSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public acoessway or other area []Yes RNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater orstormwaterbedischarged into awetland? ❑Yes RNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No RNA j. Is there any mitigation proposed? ❑Yes RNo ❑NA If yes, attach a mitigation proposal. "I-- ;E1VED <Form continues on back> DCM WILMINGTON, NC DEC 0 6 2016 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for >C✓ Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name James Piver do Joan Taylor Phone No Address P.O. BOX 1146 Hampstead, NC 28443 Name NC DOT Go Anthony Law Phone No. Address 5501 Barbados Blvd. Castle Hayne, NC 28429 Name Phone No ..Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NC Dredge and Fill Permit #122 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signedby property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. `� F ` V , rG D Date 12/6/2016 Print Name Ad ierim I Signature DEC 15 2016 Please indicate application attachments pertaining to your proposed project. C u vi- �\f f'V D CITY ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ®DCM MP-4 Structures Information DCM WILMINGTON, NC DEC 0 6 2016 252-808.2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Rock (excluding (NLW or Canal Boat Basin Boat Ramp Rock Groin Breakwater shoreline NWL) stabilization) Length 150 Width 30 Avg. Existing 2 0 NA NA Depth Final Project -5.0 NA NA Depth 1. EXCAVATION [I This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. muddy sand +/- 500 cubic yards c. (i) Does the area to be excavated include 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 (ii) Describe the purpose of the excavation in these areas: N/A d. High -ground excavation in cubic yards. N/A 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Northeast New Hanover Conservancy disposal area 40,000 sq. ft. ( approx 200 x 200) c. (i) Do you claim idle to disposal area? ❑Yes ONO ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (n) Describe the purpose of disposal in these areas: N/A d. (i) Will a disposal area be available for future maintenance? ®Yes ONO ❑NA (ii) If yes, where? same f. (i) Does the disposal include any area in the water? []Yes ONO ❑NA (ii) If yes, how much water area is affected? N/A RECEIVED DCM WILMINGTON, NC JUN 0 7 2017 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanayement.n_et revised: 112/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. type of snoreune stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. Width. c. Average distance waterward of NHW or NWL d. Maximum distance waterward of NHW or NWL. e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other I . Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (ii) If yes, slate amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes [:]No ❑NA b. (i) Will fill material be olaced in coastal wetlands/marsh (CW). If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS OWL []None (ii) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used le.g., controlled? backhoe, or hydraulic dredge)? Silt Fence skidsteer to transport disposal material c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. N/A 6/7/2017 Date Mark and Roxann Knierim Project Name d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. N/A Adam Knierim Apr a ' Applicant Signature 1 ;\/gip DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccpastal manage went. ne t revised: 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/manna: ❑Commercial ❑Public/Govemment ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes NNo c (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes NNo (h) Number 1 If yes: (iii) Length 344 (ii) Number (iv) Width 6 (iii) Length (v) Floating []Yes NNo (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ®Yes ❑No f_ (i) Are Boatlifts included? ❑Yes NNo If yes: If yes: (ii) Number 2 (ii) Number (iii) Length 16 6060 (iii) Length (iv) Width 16 88 (iv) Width (v) Floating NYes NNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies N Dockage ("wet slips") only, number of slips: 4 . ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). NOpen water; dredging for basin and/or channel skiffs and small outboards ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length. 1616=24 I. (i) Will the facility be open to the general public? ❑Yes ❑No `EC:=i'\IED m. (i) Will the facility have tie pilings? ❑Yea NNo DGM WILMINGTON, NC (ii) If yes number of tie pilings? juN 0 7 2017 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12127106 Form DCRI MAP-4 (Structures, Page 2 of 4) 2:' DOCKING FAGICITy%MARINA.OPERATIONS ": ®Thrs sechon:not applicable l a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of"No Sewage Discharge" signs proposed. (ii) Give the location and number of "pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? DCAA WILMItNGTON, NC m. Is the marina/docking facility proposed within a primary or secondary nursery area? JUN it 7ZQ�% ❑Yes ❑No 252-808-2808 :: 1-888-4RC0AST :: w .nccoastatmanagement. net revised: 12'27!06 Form DCM MP-4 (Structures, Page 3 of 4) 44 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a (1) Is the boathouse structure(s) ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (ii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and FiA.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a_ Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s). ❑Commercial-❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Are of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECr-WED DGM WILMINGTON, NC JUN 072017 252-boil-zbub :: 11-butt-4RCOau7 :: y:ww.rnccoastalmanage_ment,net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines +100 feet Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 65-85 e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. +300 feet d. Water depth at waterward end of structure at NLW or NWL avq -2.0 feet @ NLW 18. OTHER El This section not applicable a. Give complete description. The applicant proposes to conduct maintenance excavation within an existing channel and to construct a private 4-slip docking facility 6m17 Date Mark and Roxann Knierim Project Name Adam Knierim AppMFant a Ppplic16g�� ant Signature RECE-I VED DCM Wll-MINGTON, NC JUN J 7 2017 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmanagement.net revised: 12/27/06 Coastal Management ENVIRONMENTAL QUALITY June 27, 2017 Maritech, LLC c/o Mr. Adam Knierim 108 Circle Drive Hampstead, NC 28443 Email: adamknierim@gmail.com ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Mark & Roxann Knierim Dear Mr. Knierim: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on December 9, 2016. On January 12, 2017, processing of your application was placed on hold pending a request from the Fisheries Resource Specialist. We received notice on June 23, 2016 that all resource concerns have now been addressed and no further action is needed on your part. Therefore, processing of your permit application officially resumed as of June 23, 2017. The revised projected deadline for making a decision is August 3, 2017, as provided by G.S. 113A-122(c). If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Sincerely, Heather Coats Assistant Major Permits Coordinator Cc: MHC Files WiRO Files RECEIVED JUL 07 2op State of North Carolina I Envlronmertal Quality I Coastal Managemem Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 252 808 2808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Mark & Roxann Knierim COUNTY: Pender PROJECT NAME: Knierim Docking Facility w/Dredging RECEIVED LOCATION OF PROJECT:172 Olde Point Rd, adjacent to Old Topsail Creek, in Hampstead DEC 1 5 2016 DATE APPLICATION RECEIVED COMPLETE BY FIELD:12-9-16 / FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: ACM- M%r�'' t-'A' V Y To Be Forwarded: n/a FIELD REPRESENTATIVE: Jason Dail n ) DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: A)e , B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 12-15-16 �,Plvvt qINI, ADJ. RIP. PROP NOTICES REC'D: QzT G A 1 v APPLICATION ASSIG TO: C) 75 DAY DEADLINE: MAIL OUT DATE:12-13-16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $400 / #2157 END OF NOTICE DATE: 1- DEED REC'r� ON: 150 DAY DEADLINE: STATE DUE DATE: 1-5-17 FED COMMENTS RECD: DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative / Coastal Management - LUP Consistency Division of Community Assistance 12/1q/({, Land Quality Section (DEMLR) 1212'L/Ik'0 i SW� L/sc rel W-7 i A vc dicl , Division of Water Resources (401) (o/l ✓ Z O I ( L Storm Water Management (DEMLR) 12 LI iv State Property Office 17-2 I J I(, Division of Archives & History Division of Environmental Health 1 y Division of Highways 1/cl 117 Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM �L (� (� 23� -7 Corps of Engineers (r )- di 07 pL,) c 1-1/2 Z/1(� RECOMMENDATIONS FOR — Mark and Roxann Knierim December 13, 2016 The total area of the proposed structures was calculated as follows: Shoreline length=+/-440 ft. x 8 sq. ft = 2,000 sq. ft. allowable. Proposed: Gazebo/Covered Platform =16' x22' = 352 sq. ft. Floating dock = 8' x 60' = 480 sq. ft. Total (proposed) = 832 sq. ft. It is the staffs recommendation that the applicant's proposal to construct a pier/docking facility, and perform maintenance dredging is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 71-1.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and Rules of 15 NCAC 7H.0208 (b) Specific Use Standards for dredging. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for piers/docks and dredging. RECEIVED DEC 15 2016 DCM- MHD CITY r,3 MEMORANDUM To: Heather Coats LAI From: Michael Christenbury, Wilmington District Planne Subject: Consistency Determination, Major Permit Applicat on, Mark and Roxann Knierim, Pender County Date: June 16, 2017 The applicant proposes to construct a pier, gazebo and docking facility, as well as perform maintenance dredging within the existing canal/creek. The project is located at 172 Olde Point Road, adjacent to Old Topsail Creek in Hampstead, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are PT, ES, CW and EW. Waters at the project site are classified as SA, HQW 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 Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Conservation and Resource Protection. In general, Pender County allows development in Conservation and Resource Protection classified AECs which is consistent with the State's minimum use standards. The Pender County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the 2012 Pender County Comprehensive Land Use Plan Update. Cc: File N Coats, Heather From: Mairs, Robb L Sent: Wednesday, June 14, 2017 9:29 AM To: Coats, Heather Subject: RE: Knierim revised plan and application forms Heather, Thanks for the updated plans and we are onboard. Our office will issue the 401 Cert. under our old GC 3900 since this application was submitted while this GC was still applicable. I plan to have it out this week (DWR #20161257). Thanks again, Robb From: Coats, Heather Sent: Tuesday, June 13, 2017 2:37 PM To:'Hair, Sarah E SAW' (Sarah.E.Hair@usace.army.mil) <Sarah.E.Hair@usace.army.mil>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; Bodnar, Gregg <gregg. bod na r@ ncde n r.gov> Cc: Dail, Jason <jason.dail@ncdenr.gov> Subject: Knierim revised plan and application forms Hi all, Adam has submitted the attached revised MP forms to reflect the plan I previously sent about a month ago. After further review of the plan and discussion, it was determined he did not need to reduce the size of the platform in this case. Please note that he is proposing all 4 slips on the waterward side of the float due to small vessel size, and does not intend to dock on the back side of the float. Let me know if you have any questions or further comments. Thanks! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management. North Carolina Department of Environmental Quality 910 796 7302 office heather. coats ()n cde n r. gov 127 Cardinal Drive Extension Wilmington, NC 28405 -:"% Nothing Compares,, Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office PAT MCCRORY Governor DONALD R. VAN DER VAART S'ecrerary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)-ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Mark and Roxann Knierim Project Location: 172 Olde Point Rd., adjacent to Old Topsail Creek, in Hampstead Pender County Proposed Project: to construct a new private docking facility, and to perform maintenance dredging within the existing canal/creek Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 IM comments. I SIGNED ` C-1 I L✓ DATED �L I State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dave Ezl., Wilmington, NC 29405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY covemor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Dimaor December 13, 2016 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(d-)ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Mark and Roxann Knierim Project Location: 172 Olde Point Pd., adjacent to Old Topsail Creek, in Hampstead Pander County Proposed Project: to construct anew private docking facility, and to perform maintenance dredging within the existing canal/creek Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 11 �� J `are incorporated. See attached. �y��,-/ s�,/,,;t/�� �d -d s , r.,� t- .Sz J,,,, J C,-Ir..j (tsaJ•/:c.. ++-CS I.J,�i UL fe- ii!/ej iF A-tT d; S/>.%/�as:.ce. eXcJ%. -. 4c.c !/ This agency objects to the project for reasons described in the attached comments. SIGNED DATED RECEIVED DCM WILMINGTON, NC DEC 2 2 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-7%-7215 Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 a�1�ias % Yr- PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary RECElUED/mCDEm/m DEC 13 2016 BRAXTON DAVIS Director Water Quality Regional TO: Operations Section Robb Mairs Wilmington Regional Office 401 Wetlands DWR-WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management - 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(&ncdenroov Fax: 395-3964 (Couder04=1ti-33) SUBJECT: CAMA/Dredge & Fitt Application Review Applicant: Mark and Roxann Knierim Project Location: 172 Olde Point Rd., adjacent to Old Topsail Creek, in Hampstead Pender County Proposed Project: to construct anew private docking facility, and to perform maintenance dredging within the existing canal/creek Please indicate below your agency's position or viewpoint on the proposed project and 'return this form to.Heather Coa s at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in-depth comments wit supporting data is requested. REPLY: This agency has no objection to the project as proposed. 40/ clelIr **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 �b n State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-72I5 ij 0 Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director December 13, 2016 E C E 1 V E TO: Georgette Scott DEC 13 2016 Stormwater Section BY; DEMLR - Wi" F W j t Heather Coats, Assistant Major Permits Coordinator K,U NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge 8 Fill Application Review Applicant: Mark and Roxann Knierim Project Location: 172 Olde Point Rd., adjacent to Old Topsail Creek, in Hampstead Pender County Proposed Project: to construct a new private docking facility, and to perform maintenance dredging within the existing canal/creek Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in-depth comments with supporting data is requested. REPLY: —LzThis 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 /2120 //(r RECEIVED DCM WILMINGTON, NC State of North Carolina I Env rommmml Quality I Coastal Management DEC 2 2016 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 0 Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: DEC 15 201E Tim Walton Dept of Administration State Property Office PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secmtwy BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Mark and Roxann Knierim Project Location: 172 Olde Point Rd., adjacent to Old Topsail Creek, in Hampstead Pender County Proposed Project: to construct anew private docking facility, and to perform maintenance dredging within the existing canal/creek Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 (fL4 DATED %L14// d RECEIVED DCM WILMINGTON, NC DEC 212016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 29405 910-796-7215 N Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: FROM:. SUBJECT: Applicant: Project Location: PAT MCCRORY Gowwr DONALD R. VAN DER VAART . &'CMfary BRAXTON DAVIS Dim'wr Wiz- 1� Renee Gledhill -Early Dept. of Cultural Resources Archives &History JU 1Ae- IL Heather Coats, Assistant Major Permits Coordinator �v I � NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coats(a)ncdenrgov Fax: 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review l). Y t a f -- o I Ic Mark and Roxann Knierim 172 Olde Point Rd., adjacent to Old Topsail Creek, in Hampstead Pender County Proposed Project: to construct anew private docking facility, and to perform maintenance dredging within the existing canal/creek Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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`* y` This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED I cL 3O ' IG Received DEC 8f0 2001�16 Stwe of North Cm lm l Envirm=n1W Qaility l ConWM=GCT of DCM + {�gO�re 127 Cadinal Diim Cxt, wLnin6ton, NC 2FA05 DEC7 ! �j 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Direclor RECEIVED JAN 0 4 Z017 DCM- MHD CITY FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsata)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Mark and Roxann Knierim Project Location: 172 Olde Point Rd., adjacent to Old Topsail Creek, in Hampstead Pender County Proposed Project: to construct a new private docking facility, and to perform maintenance dredging within the existing canal/creek Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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" _j�_ 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. AA.,y qu;,)cj SIGNED S/dj" d DATED j 26 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fxt,, Wilminbkon, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: DEC 16 2016 Patrick Riddle NC Dept. of Transportation PIN Co. & ON Co. PAT MCCRORY Governor DONALD R. VAN DER VAART Secralory BRAXTON DAVIS Davetm FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.W Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Mark and Roxann Knierim Project Location: 172 Olde Point Rd., adjacent to Old Topsail Creek, in Hampstead Pender County Proposed Project: to construct anew private docking facility, and to perform maintenance dredging within the existing canal/creek Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 �G C �'�� DATED 113 2-017 RECEIVED DCM WILMINGTON, NO JAN 0 4 20R State of North Carolina I EW,,r menlal Quality I Coastal Management 127 Cardinal Drive Ft, Wilmington, NC 28405 9t0-7964215 11. \ • c Coastal Management '2" DEC 2016 ENVIRONMENTAL QUALITY+y Iz. �. ,3 RECEIVED December 13, 2016 O TO: Maria Dunn E8`9 \ NC Wildlife Resources Commission For WiRO PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCaDncdencgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Mark and Roxann Knierim Project Location: 172 Olde Point Rd., adjacent to Old Topsail Creek, in Hampstead Pender County Proposed Project: to construct a new private docking facility, and to perform maintenance dredging within the existing canal/creek Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. SIGNEDT A . DATED i"G 7Jl RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ezt., Wilmington, NC 28405 910-796-7215 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: January 6, 2017 SUBJECT: CAMA Dredge/Fill Permit Application for Mark and Roxann Knierim, Pender County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 172 Old Point Road, adjacent to Old Topsail Creek, in Hampstead, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a new private docking facility and perform maintenance dredging within the existing canal / creek The access pier, covered gazebo, and floating dock would create three slips in water depths from -2.0' to -2.9' NLW. The applicant has also provided information stating dredging occurred from the "channel" are of the canal near his property and that "maintenance" excavation is being requested in this area to obtain water depths of the connecting waters of Nixon Creek The distance of the excavation from wetlands is stated to be 10'. Old Topsail Creek in this area is classified SA by the Environmental Management Commission and is designated a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries (NCDMF). The NCWRC has reviewed the project proposal and has discussed the project with a representative for NCDMF. From our understanding there is a concern for shellfish present in the footprint of the project, the exact layout of the PNA line, and overall impacts to marine resources. We therefore encourage consultation between the applicant and agencies representing marine resource concerns to minimize those impacts. We support these measures to minimize impacts to aquatic resources overall. We appreciate the opportunity to review and comment on this CEIVED permit application. If you EIVED GTON.NC assistance or additional information, please contact me at (252) 948-3916 or at maria.dunnna ncwildlife.ore ,JAN 0 9 2017 Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919) 707-0028 In Coats, Heather From: Weychert, Curtis R Sent: Friday, June 23, 2017 2:20 PM To: Coats, Heather; 'Hair, Sarah E SAW' (Sarah.E.Hair@usace.army.mil); Mairs, Robb L; Bodnar, Gregg Cc: Huggett, Doug Subject: RE: Knierim revised plan and application forms Heather, based on this revised drawing, I will remove my previous objections to the project because disturbance to existing shell habitat has been avoided. I would also like to add that I would be more than happy to identify the boundary of the shell resource for the applicant if it will aid in the dredging activities. Please keep me involved in any future conversations or pre -construction meetings. Thanks again! Curt From: Coats, Heather Sent: Tuesday, June 13, 2017 2:37 PM To:'Hair, Sarah E SAW' (Sarah.E.Hair@usace.army.mil) <Sarah. E.Hair@usace.army. mil>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Dail, Jason <jason.dail@ncdenr.gov> Subject: Knierim revised plan and application forms Hi all, Adam has submitted the attached revised MP forms to reflect the plan I previously sent about a month ago. After further review of the plan and discussion, it was determined he did not need to reduce the size of the platform in this case. Please note that he is proposing all 4 slips on the waterward side of the float due to small vessel size, and does not intend to dock on the back side of the float. Let me know if you have any questions or further comments. Thanks! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(o)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 PAT MCCRORY Govemor Coastal Management ENVIRONMENTAL .QUALITY December 13, 2016 RECEIVE), DEC; 1 .52015 DI✓fV1= MHD CITY DONALD R. VAN DER VAART Secretary BRAXT,ON DAVIS Director TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext.,.Wilm.,-NC 28405 Ffeatiier.coatsaniicdeni:aou Fax: 395-3964 (Courier 04-16-33 SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Mark and Roxann Knierim Project Location: 172 Olde Point Rd., adjacent to Old Topsail Creek, in -Hampstead Pender County Proposed Project: to construct a new private docking facility, and to perform maintenance dredging within the existing canaYcreek Please indicate below your -agency's position or viewpoint on the proposed project and return this,form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 State ofNonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, N028405 910-796-7215. ROY COOPER' e' - WILLIAM G R'OSS JR., . �,Sarre±ary Coasta/Management BR'AXTON I) URdar IS ENVIRONMENTAL QUALITY - MEMORANDUM: TO: Heather Coats, DCM Assistant Major PermitCoordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Mark and Roxann Kinerim DATE: 3/6/2017 A North Carolina Division of Coastal Management (OCM) Fisheries Resource'Specialist has`reviewed the subject permit application for proposed actions that impact fish and _fish habitats. The applicant proposes to construct and docking facility and perform maintenance dredging. The.surrounding waters,are classified as SA, closed to shellfish harvest, and are Secondary Nursery Area (SNA) within the historic dredged channel and Primary Nursery Area (PNA) immediately adjacent to the channel. Water depths range from.0.0fito -5ft at normal low water (NLW). Oyster resource is present and an oyster survey was requested on 12/20/2016. - A scoping meeting was held on March 18, 2016 to discuss the project, where ,the applicant proposed to construct a 170ft x 6ft pier, 16ft x 16ft gazebo, 45ft long.x Eft wide floating dock, and a 230ft long x 40ft wide x -5ft deep dredge footprint from the facility downstream to'Nixon;Channel. The applicant-has.applied for 5ft wide pier, a 16ftx20ft gazebo and a 60ftx8ft floating dock, with a dredge footprint of 300ft long x 25ft wide x - Sft deep. Increases have occurred in the length of the floating,dock and consequently the dredge footprint has increased In length upstream by approximately 70ft. An oyster survey was requested on December 20, 2016., A survey dated 11/20/2016 and corresponding letter dated 2/10/2017 identified oyster resource within -the footprint of the proposed floating dock and within the proposed dredge footprint. Though no assessment of the volume or area of the oyster footprint 'was made, these two shell beds would be impacted by both the floating dock and dredge footprint. Shell bottom is an extremely productive self -building three dimensional habitat that can be impacted long term through dredging and filling, pollution and other contaminants, and direct impact byvessels or floating structures. This vital estuarine habitat is very limited in North Carolina, and restoration and conservation of shellfish habitat.is at the forefront. The presence of live shellfish that historically or currently survive due to favorable conditions is considered shellfish habitat. Therefore, shellfish resource still exists even if waters are permanently or conditionally closed. The waters in question are also designated by NC DMF as SNA within the historic dredge, footprint and PNA immediately outside of the dredge footprint. Records provided by the applicant and a subsequent records review by this Specialist of historic CAMA documentation does not provide a clear picture of the SNA/PNA boundary as it relates to the historic dredge footprint, but does provide evidence of dredging. With the proposal to authorize maintenance dredging within this channel, the proposed dredge footprint represents a Slate aMoM Carolina I Envimurnental Quality I Coastal Management 400 Commerce Avenue I Mouhead City, NC 28557 232-808-28081252-247-3330(11aa) clear and documented delineation, and consequently this dredge footprint is viewed as the standing SNA/PNA boundary. Therefore, there are two separate oyster resourcesfound within the, project area; the oyster resource located:at the floating dock and within MA, and the oyster resource within the proposed dredge footprint and within SNA. The docking facility and oyster resource associated with it both lie entirely within PNA habitat. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because they afford food, protection, and 'proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Therefore, it is recommended that.this oyster resource stay in place and the dredge footprint include a 10ft buffer from all oyster resource and coastal _—' —wetlands.—Furthermore; it is'recommended'the dredge depth -be reduced to --oft at MLW: The alteration" - will reduce the impacts to the shallow bottom associated with the SNA and reduce impacts to the PNA habitat with a shallower cut. A -oft at MLW cut is applicable to the.style and draft of the typical vessel utilizing these creeks, and should allow the proposed floating dock to rest in sufficient water depth. Floating docks repeatedly resting on the bottom can kill aquatic vegetation or shellfish beds, create anoxia in° the sediment.which can kill benthic invertebrates, and reduce the availability of shallow bottom habitat during low tide. The original dimensions of the floating dock detailed in the scoping meeting referenced above was a 45ft long x 6ft wide structure. The application identifies an increased floating dock of 60ft long x 8ft wide. There is concern that the enlarge floating dock is not representative of a floating, structure for a creek of this size, which increases the dredge footprint/impact an additiona170ft upstream, and may create hardship for any NCDOT bridge maintenance that may occur in the future. It is recommended that if the proposed floating dock is authorized, it be reduced to the initial 45ft long x 6ft:wide and be modified or its location adjusted if needed to avoid both direct impact to the oyster resource and the potential to rest in insufficient PNA waters. There is additional concern that the landward side of the floating dock could be used as dockage in PNA waters insufficient for vessel use and impact adjacent coastal wetlands. It is recommended that the landward side of the floating dock be rendered un-useable as dockage. In addition, any request to dredge outside the authorized alignment would be considered new dredging within PNA, and would be objected to due to adverse impacts associated with new dredging in PNA. Due to the historic dredge footprint and SNA designation, it is recommended that the oyster resource within the naturalized dredge footprint be relocated to the waterward-edge of the marsh Immediately adjacent to Its pre -dredge location, but outside the naturalized slope of the dredge footprint. The shell should be dispersed at the new location in similar depth and fashion as practical to provide similar habitat function. Relocation of oyster resource should be coordinated with NC DMF or this office. Finally, a moratorium on In -water work, to include dredging, from 1 April to 30 September is recommended to reduce the negative effects on critical fish life history activities, to Include spawning migrations and nursery functions. Contact Gregg Bodnar at (252) 808-2808 ext. 215 or RreHQ.bodnar(Mricdenr.eov with further questions or concerns. State of North Carolina I Environotental Quality I Coastal Management 1367 US Hwy 17 South I Elisabeth City, NC 27909 232-264-3901 Coats, Heather From: Sent: To: Cc: Subject: Afternoon Heather, Bodnar, Gregg Tuesday, December 20, 2016 1:40 PM Coats, Heather Ken Riley - NOAA Federal Mark and Roxann Knierim The application proposes a facility and associated dredging that is larger than discussed in the scoping meeting. Ken Riley of NMFS visited the site and has evidence of oyster resource within the area of the creek in question. I would like to request an oyster survey be conducted of the creek before final comments can be provided. Thanks, Gregg Gregg Bodnar Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 213 office Gregg. Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 G: 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. . Coats, Heather From: Hair, Sarah E CIV'CESAW CESAD (US) <Sarah.E.Hair@usace.army. mil> Sent: Friday, June 23, 2017 3:23 PM To: Coats, Heather Subject: RE: Knierim revised plan and application forms Heather, Below is the consent to cross condition: The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403- 1343, email: SAWWeb-NAV@usace.army.mil. The condition you provided for avoiding the shellfish resource works for me. Thank you! Liz -----Original Message ----- From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Friday, June 23, 2017 2:59 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI> Subject: [Non-DoD Source] RE: Knierim revised plan and application forms Hey Liz, Do you have a standard condition for the consent to cross requirement that you can send me? I'm not sure if I've had that one yet. And one for avoiding the shellfish resources- this is the condition we used for another project in NHC, does this work: A ten -foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh vegetation shall be instituted as described and shown in the revised plans dated 5/18/17. I have the manatee condition, I think I can figure out the others, but if you can send me the language you want for the consent to cross condition, I'd appreciate it! Thanks and happy Friday! H. Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Thursday, June 22, 2017 12:05 PM To: Coats, Heather <heather.coats@ncdenr.gov> Subject: RE: Knierim revised plan and application forms Yes. GP 291. We will include the Standard GP 291 Conditions, Manatee Guidelines, a condition requiring a consent agreement from the Corps for crossing DA 228 to get to the New Hanover Conservancy Disposal Area, and a condition expressly prohibiting dredging within the area which contains the shellfish resources. Thanks! Liz -----Original Message ---- From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Thursday, June 22, 2017 9:30 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] FW: Knierim revised plan and application forms Hey Liz, Just checking back in on this. You're going with the 291 on this, right? Do you have a list of conditions or are you still working on it? Thanks! Heather t Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov <mailto:heather.coats@ncdenr.gov> 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coats, Heather Sent: Tuesday, June 13, 2017 2:36 PM To: 'Hair, Sarah E SAW' (Sarah.E.Hair@usace.army.mil) <Sarah.E.Hair@usace.army.mil>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; Bodnar, Gregg <gregg. bod na r@ ncdenr.gov> Cc: Dail, Jason <jason.dail@ncdenr.gov> Subject: Knierim revised plan and application forms Hi all, Adam has submitted the attached revised MP forms to reflect the plan I previously sent about a month ago. After further review of the plan and discussion, it was determined he did not need to reduce the size of the platform in this r case. Please note that he is proposing all 4 slips on the waterward side of the float due to small vessel size, and does not intend to dock on the back side of the float. Let me know if you have any questions or further comments. Thanks! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@hcdenr.gov <mailto:heather.coats@ncdenr.gov> 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Coats, Heather From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army. mil> Sent: Thursday, June 22, 2017 12:05 PM To: Coats, Heather Subject: RE: Knierim revised plan and application forms Yes. GP 291. We will include the Standard GP 291 Conditions, Manatee Guidelines, a condition requiring a consent agreement from the Corps for crossing DA 228 to get to the New Hanover Conservancy Disposal Area, and a condition expressly prohibiting dredging within the area which contains the shellfish resources. Thanks! Liz -----Original Message ----- From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Thursday, June 22, 2017 9:30 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] FW: Knierim revised plan and application forms Hey Liz, Just checking back in on this. You're going with the 291 on this, right? Do you have a list of conditions or are you still working on it? Thanks! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats@ncdenr.gov<maiIto: heather.coats@ncdenr.gov> 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from -this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coats, Heather Sent: Tuesday, June 13, 2017 2:36 PM To: 'Hair, Sarah E SAW' (Sarah,E.Hair@usace.army.mil) <Sarah.E.Hair@usace.army.mil>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; Bodnar, Gregg <gregg. bod na r@ ncde n r.gov> Cc: Dail, Jason <jason.dail@ncdenr.gov> Subject: Knierim revised plan and application forms Hi all, Adam has submitted the attached revised MP forms to reflect the plan I previously sent about a month ago. After further review of the plan and discussion, it was determined he did not need to reduce the size of the platform in this case. Please note that he is proposing all 4 slips on the waterward side of the float due to small vessel size, and does not intend to dock on the back side of the float. Let me know if you have any questions or further comments. Thanks! M Coats, Heather From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, March 31, 2017 11:30 AM To: Coats, Heather Cc: Dail, Jason; Mairs, Robb L Subject: knierim dredge project Attachments: Knierim NMFS response.pdf Heather, r Attached please find NMFS response the Corps Public Notice for the proposed project in waters adjacent to Topsail Creek, in Hampstead, Pender County. Their concerns are specifically related to the potential negative impacts to the shellfish and fishery resources within the proposed dredge footprint and adjacent waters. Their recommendations are for BMPs to be required for all dock construction activity onsite, and the prohibition of dredging within the dredge footprint as proposed. NMFS recommends a revised dredge footprint to include a 10-foot offset from wetlands, oyster aggregations, and shell bottom. The Corps shares these concerns and encourages further efforts to avoid and minimize impacts to these resources. Please let me know if/when you have coordinated with the applicant and if they intend to revise the dredge footprint as recommended. Thanks, Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 26313thAveoue South St. Petersburg, Hodda 337015505 h0p11sero.nmfs.noaa.9ov March 30, 2017 (Sent via Electronic Mail) Colonel Kevin P. Landers, Sr., Commander U.S. Army Corps of Engineers WihftM MVE E) 69 Darlington Avenue Wilmington, North Carolina 28403-13} : 0 2017 Attention: Liz Hair 4t ta, wur mM C6(3. Opt Dear Colonel Landers: F/SER47:KR/pw NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID No. SAW-2016-00607, dated February 14, 2017. The applicants, Mark and Roxann Knierim, request authorization to construct a new pier and docking facility and perform dredging for an access channel within waters adjacent to Topsail Creek in Hampstead, Pender County. The Wilmington District's initial determination is the proposed pier and dock construction and dredging may affect essential fish habitat (EFII) or associated fisheries managed by South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments and recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Proposed Project The applicants propose to construct a pier (five feet by 195 feet), an L-shaped covered gazebo (16 feet by 22 feet), and a floating dock (eight feet by 60 feet) with four boat slips. The applicants also propose dredging for dock installation and an access channel measuring 300 feet in length and 25 feet in width. The estimated volume of dredging is 1,100 cubic yards from 7,500 square feet of shallow bottom to establish a controlling depth of -5.0 feet at mean low water. The applicants propose to excavate sediment via a bucket -to -barge (clamshell) operation and to transport the dredged material to the New Hanover Conservancy Disposal Island, an approved disposal location at the intersection of the Atlantic Intracoastal Waterway and Rich's Inlet. Water depths within the footprint of the project area average -1.0 feet mean low water. As presented with the application materials, the project includes a ten -foot dredge offset from coastal wetlands including all emergent salt marsh vegetation. Consultation History The NMFS participated in a scoping meeting with the applicants on March 17, 2016. The NMFS participated in a site visit immediately after the seeping meeting. The NMFS also participated in a site visit on March 10, 2017, to assess shellfish and oyster reefs within the project area. After .iECiEIVEFD sl ,. y. DOm wil-I�it1�IGTON. NC �� eA r each site visit, the NMFS communicated concerns with the Wilmington District, the North Carolina Division of Coastal Management, and the applicants regarding the abundance of shellfish resources and oyster habitat. Impacts to Essential Fish Habitat The primary concern of the NMFS regarding the project is with the dredging of shallow bottom habitat that includes shell bottom and shellfish resources. Based on the information provided in the application and observations from the site visits, the NMFS believes the applicant has underestimated impacts to oysters and shell material. The site supports several distinct intertidal and subtidal oyster reefs. Healthy live oysters (spat and juveniles) were also observed on shell material throughout the project area. Dredging within the project area would disturb this habitat. The project area designated for walkways over coastal wetlands and construction of the docking facility is within a state -designated Primary Nursery Area. The project area designated for the docking facility and dredging an access channel is within a state -designated Permanent Secondary Nursery Area. The project area designated for the docking facility would affect 7,500 square feet of intertidal and sub -tidal shallow bottom habitat. The SAFMC identifies shallow intertidal and sub -tidal bottom in estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp and for estuarine species within the snapper/grouper complex (e.g., gray snapper and gag). The SAFMC also identifies Primary and Secondary Nursery Areas as Habitat Areas of Particular Concern (HAPCs) for shrimp, gag, and gray snapper. HAPCs are a subset of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates when located in these habitats, The SAFMC provides detailed information on the EFH requirements of federally managed species in amendments to the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region. With healthy salt inarsh habitat and an abundance of oysters, the project area clearly functions as nursery habitat for federally managed species as well as other species of commercial or recreational importance including red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes and sharks). EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: • The permit should require Best Management Practices (BMPs) throughout all phases of construction for the pier, gazebo, and docking facilities. Specific BMPs include (1) ensuring all efforts are made to avoid toxicant input into surface waters and wetlands, (2) deploying a Sediment Control Fence (SCF), silt curtains, or other sedimentation and turbidity control barriers to minimize sediment input into waters and wetlands adjacent to construction areas, and (3) field marking oyster reef locations to keep construction equipment and activities from encroaching into oyster reef habitat. The permit should expressly prohibit dredging at the location unless the dredge template is revised to reflect the minimum size/area needed to achieve the project purpose and the dredge template includes a ten -foot dredge offset, based on the projected equilibrated side slopes, from coastal wetlands including all emergent salt marsh vegetation, oyster aggregations, and shell bottom. Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR Section 600.920(k) require the Wilmington District to provide a written response to this letter within 30 days of its receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" with the Wilmington District, an interim response should be provided to the NMFS. A detailed response then must be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the response is inconsistent with the EFH conservation recommendations, the Wilmington District must provide a substantive discussion justifying the reasons for not following the recommendations. Thank you for the opportunity to provide these comments. Please direct related questions or comments to the attention of Dr. ICen Riley at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 728-8750. / for Sincerely, /aunc�(A Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE, Sarah.E.Hair@usace.army.mil USFWS, Pete_Benjamin@fws.gov NCDCM, Doug.Huggett@ncdenr.gov, Gregg.Bodnar@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@saftne.net F/SER4, David.Dale@noaa.gov, Ken.Riley@noaa.gov N Coats, Heather From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army. mil> Sent: Wednesday, January 11, 2017 4:36 PM To: Coats, Heather Cc: Dail, Jason Subject: Knierim dredge project on Old Topsail Creek Hello! We will likely review the following project as a GP 291: Corps Action ID: SAW-2016-00607 County: Pender Project name: Knierim/172 Olde Point/ Old Topsail Creek Our GIS data layer shows Old Topsail Creek as PNA. I noticed that the application and bioreport state that the channel is not PNA, but surrounding waters are? Is this correct? Just checking... I'll send this notice out next week. Thanks, Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil ""A w Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Govemor DONALD R. VAN DER VAART secretary BRAXTON DAVIS D;maor December 13, 2016 TO: Heidi Cox Assistant Regional Engineering SupervisorPublU�vsioD�C 5 ate FROM: Heather Coats, AssistantMajor Permits Coordinator WtRO pubtcWa��Scppi NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Mark and Roxann Knierim Project Location: 172 Olde Point Rd., adjacent to Old Topsail Creek, in Hampstead Pender County Proposed Project: to construct anew private docking facility, and to perform maintenance dredging within the existing canal/creek Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 %g'�K &ZVV DATED /2 / DCM WECEIVED ILMINGTON, INC DEC 22 2016 State of North Carolina I Environmental Quality I Coastal Managemmt 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 1 Coats, Heather From: Adam Knierim <adamknierim@gmail.com> Sent: Tuesday, June 13, 2017 2:13 PM To: Coats, Heather Subject: Knierim Project Slip Number Heather, As discussed, we planned to have 4 slips along the channel side of the floating dock. We have several small boats (13') that we would like to be able to dock in addition to a.larger vessel. We understand that DCM does not want mooring of vessels on the backside of the floating dock. Please give me a call if you have any additional questions or concerns. Thanks again and talk to you soon. Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4658 Coastal Management ENVIRONMENTAL QUALITY January 12, 2017 Maritech, LLC c/o Mr. Adam Knierim 108 Circle Drive Hampstead, NC 28443 A&_ ROY COOPER Governor 1 WILLIAM G. ROSS, JR. Interim Secretary BRAXTON DAVIS Director SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Mark & Roxann Knierim Dear Mr. Knierim: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on December 9, 2016. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) The DCM Fisheries Resource Specialist has requested additional information by way of the attached email dated December 20, 2016. The correspondence requests additional information be provided that identifies the location of shellfish resources in the project area in relation to the proposed work. 2) Additionally, the deed received for the project was for a different property. Please submit a copy of the correct deed for the applicants' property. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as you have satisfied these requirements. Once the deed has been received and the DCM Fisheries Specialist has notified the Division of Coastal Management Major Permit Section in writing that no further actions are necessary on the part of the applicant, we will resume processing of your application. If you can provide to this office a copy of the requested information within five working days from the date of this letter, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received -in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested informatio i JAN L ,� 2017, DCM State of North Carolina I Enviromnental Quality I Coastal Management 127 Cardinal Drive Extension I Wilmington, NC 28405 910-796-7215 T If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Cc: MHC Files WiRO Files Robb Mairs, DWR Liz Hair, USACE Sincerely, Alt"'r4' It 6 Heather Coats Assistant Major Permits Coordinator RECEIVED JAN 18 Z017 DCM- MHD CITY Energy, Mineral & Land Resources ENVIRONMENTAL OUALITY April 13, 2017 ROY COOPER Governor MICHAEL S. REGAN SKMfory TRACY DAVIS DsaVor Mr. Mark Knierim 337-A Dogwood Lane Hampstead, NC 28443 Subject: EXEMPTION Stormwater Project No. SW8161214 Knierim Docking Facility Project Pander County Dear Mr. Knierim: On December 13, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Ma or Permit Application for the subject project. Staff review of the plans and specifications on December 20, %16 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. Sincerely,` ,( For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: \\\StormwateAPernits & Projects\2016 \161214 Exemption\2017 04 permit 161214 cc: Maritech LLC Pander County Planning Department Jason Dail/Shaun Simpson — DCM WIRO RECEIVED DCM Morehead City Wilmington Regional Office Stormwater File APR 2 5 Z017 DCM- MHD CITY State of North Carolina Environni ntal Quality I Energy. Mine, al and Land Rrsources Wilmington Regional Othre 1127 Cardinal Drive Extension I Wilmington. NC 28405 9107911%215 Coats, Heather From: Mairs, Robb L Sent: Wednesday, June 14, 2017 9:29 AM To: Coats, Heather Subject: RE: Knierim revised plan and application forms Heather, Thanks for the updated plans and we are onboard. Our office will issue the 401 Cart. under our old GC 3900 since this application was submitted while this GC was still applicable. I plan to have it out this week (DWR #20161257). Thanks again, Robb From: Coats, Heather Sent: Tuesday, June 13, 2017 2:37 PM To: 'Hair, Sarah ESAW' (Sarah.E.Hair@usace.army.mi1) <Sarah.E.Hair@usace.army.mil>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; Bodnar, Gregg <gregg. bod na r@ ncde n r.gov> Cc: Dail, Jason <jason.dail@ncdenr.gov> Subject: Knierim revised plan and application forms Hi all, Adam has submitted the attached revised MP forms to reflect the plan I previously sent about a month ago. After further review of the plan and discussion, it was determined he did not need to reduce the size of the platform in this case. Please note that he is proposing all 4 slips on the waterward side of the float due to small vessel size, and does not intend to dock on the back side of the float. Let me know if you have any questions or further comments. Thanks! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(o)ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 !'-"Nlothing Compares, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. AMARITIECH DREDGING 108 Circle Dr. Hampstead, NC 28443 Innovative Solutions for the Marine Environment office 910.270.4058 field 910.297.7710 fax 910.270.4058 February 10, 2017 NCDCM c/o Heather Coats 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 RE: Major Permit Application Additional Information Request Mark and Roxanne Knierim Olde Point Road Hampstead, Pender County Dear Ms. Coats, I am writing to follow-up on the Division of Coastal Management's request to locate potential shellfish resources within and adjacent to the Knierim Project Area as specified within the Major Permit Application submittals. Please accept this information in response to your email (January 4, 2017) requiring that potential shellfish resources be located in the area of the proposed docking facility and existing channel. Attached are photos taken on January 8, 2017 during a normal low water stage. The shell feature locations are shown on the attached figure and labeled Features "A" & `B". Feature "A" appears to contain some shell material located partially beneath the proposed location of the fixed gazebo platform and access pier. A second area labeled Feature `B" is evident downstream from the proposed docking facility and within the location of the existing channel to be excavated. Area "B" appears to consist of dead scattered shells and muddy sand. I hope this satisfies your request and that processing of our permit application will continue without delay. We look forward to your response and an update on the timeframe for permit decision. Thank you in advance for your time and attention to this matter. Sincerely, Adam C. Knierim, M.S. President REC,7:VED DCM WILMINGTON, NC FEB 1 0 2017 RECEIVED DCM WILMINGTON, NC FEB 1 0 2017 e DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Mark and Roxann Knierim 2. LOCATION OF PROJECT SITE: 172 Olde Point Road, adjacent to Old Topsail Creek, in Hampstead, Pender County. Photo Index — 2006: 26-6635, W, X-4 Lat: 34°22' 18.55"N Long: 77°40'08.48"W 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/27/2016 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 9/6/16, completed on 12/9/16 6. SITE DESCRIPTION: Office - Wilmington RECEIVED (A) Local Land Use Plan — Pender County Land Classification from LUP — Developed / Conservation DEC 15 2016 (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - None (F) Type of Structures: Existing — None Planned — Pier and docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DCM- MHD CITY (A) Vegetated Wetlands - Coastal (B) Non -Vegetated Wetlands 7,500 sq. ft. 832 sq. ft. (Open water into orated (C) Other — High ground 40,000 sq. ft. (D) Total Area Disturbed: 48,332 sq. ft. (1.10 acres) (E) Primary Nursery Area: No (dredge footprint), Yes (adjacent marsh) (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a pier, gazebo and docking facility, as well as perform maintenance dredging within the existing canal/creek. NV - RECEIVED Mark and Roxann Knierim Page 2 DEC 15 2016 9. PROJECT DESCRIPTION: pC M_ M H p CITY The project site is located at 172 Olde Point Road, adjacent to Old Topsail Creek (also known as "Nixon Creek"), adjacent to the AIW W, in Hampstead, Pender County. To find the project site, travel north (from Wilmington) on US Highway 17 to Country Club Road, in Hampstead. Turn right onto Country Club road and travel approximately 1.0 miles before bearing right on Olde Point Road. Continue traveling on Olde Point Road until you come to a bridge/revetment spanning Topsail Creek. The project side is located along the western shoreline of Old Topsail Creek, just before the bridge. The subject property is undeveloped (residential) and has approximately 440 linear feet of shoreline bordering Old Topsail Creek. Elevations at the property range from 2' to 8' above the normal high water (NHW) line. The size of the tract is approximately 29,519 sq. ft., or 0.67 acres. Mature oaks, lawn grasses and scrub vegetation make up the majority of high ground flora. Smooth Marsh Cordgrass (Spartina alternii fora) and Black Needlerush (Juncos romarianus) account for the majority of adjacent wetland vegetation. Currently, the shoreline is natural with no man-made stabilization. Old Topsail Creek (or Nixon Creek) is a channelized waterbody which extends from the AIW W, north to the Olde Point golf course. The primary run of the creek has been historically dredged (under CAMA Major 181-04), with permit authorization(s) dating back to the 1960's. The main channel is approximately 9,000 linear feet and runs along the eastern side of Old Topsail Creek. The width of the channel varies, depending on location, but the average width is approximately 100'. Access to the creek is provide by two entrance channels located along the north eastern side of the creek, both running perpendicular to the main channel. The northern finger of the creek traverses Olde Point Road, and according to documentation on file, it appears the waterbody downstream of the applicant's property was previously dredged during construction of the bridge. The NC Division of Marine Fisheries classifies the adjacent wetlands, and other open water areas within Olde Topsail Creek as Primary Nursery Area (PNA); however, the main run of the creek is not designated as a PNA. The area surrounding the creek is mostly developed. Eagle's Watch Subdivision borders the creek to the west and Olde Point Subdivision borders the creek to the east. Olde Point gold course borders the site to the north and the AIW W borders the creek to the south. The creek width in the vicinity of the project site is approximately 30'-70' in width. The Pender County Land Use Plan classifies the adjacent waters as Conservation. The waters of the AIW W and Olde Topsail Creek are classified SA by the Division of Water Resources. The waters immediately adjacent to the property ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries; however, the "channel" portion of the creek is not. Additionally, the waters are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to construct an access pier, covered gazebo and floating dock adjacent to the subject property. In addition, the applicant is proposing to perform maintenance dredging within the adjacent channel. As designed, the proposed access pier (5' wide) would originate along the property's southern shoreline and span a section of wetlands measuring approximately 195'. The pier would terminate just beyond the outer edge of marsh bordering the creek, and from there the applicant would construct a 16' x 22' covered gazebo. The "L -head" shaped gazebo would span toward the west (over open water) and would be positioned so that it rests just inside of the Y4 width waterbody limitation. In the area of the proposed pier and gazebo, the width of the waterbody measures approximately 70'. L'„ Mark and Roxann Knierim Page 3 An 8' x 60' section of floating dock would run parallel to the shoreline and would extend in an easterly direction, originating along the eastern side of the fixed covered gazebo. The proposed floating dock would be located approximately 10' from the NC DOT right-of-way associated with Olde Point Road, and just inside of the'/4 width of waterbody limitation. In total, approximately three (3) slips would be created as a result of the proposed development. As indicated by the attached work plan drawings, water depths immediately adjacent to the proposed docking facility range from -2.0' to -2.9', relative to Normal Low Water (NLW). In addition to the proposed docking facility, the applicant is requesting authorization to perform maintenance dredging within the adjacent channel. According to historic records, a 25' wide channel was dredged between the Olde Point bridge and the main run of Nixon Creek back in the early 1970's. Our records indicate that Floyd Hufham, received a permit to dredge this area under Department of Conservation and Development Permit No. 122, amended in 1972. A copy of the permit and site plan is included in this application package. The applicant's proposal would result in the dredging of shallow bottom habitat area adjacent to the subject property. Current water depths within the previously authorized dredge footprint range from 0.0' to -5.0', relative to normal low water. The applicant is proposing to re-establish the 25' wide channel and dredge to a depth of -5.0', NLW. In total, a 25' x 300' x -5.0' channel would be dredged to the connecting waters of Nixon Creek, which average approximately -6.0 to -7.3' @ NLW. As designed, dredging would occur at a distance of approximately 10' from any wetlands. Spoil material generated from the proposed project would be transported by barge, and deposited on the New Hanover Conservancy Disposal Island, located along the AIW W at the intersection of the AIW W and Rich's Inlet (COE DA 228). High ground disturbance on the island would consist of the deposition of approximately 850 cubic yards of material within a footprint of approximately 40,000 sq. ft., most of which is outside of the COE easement. 10. ANTICIPATED IMPACTS: The proposed pier, gazebo and floating dock would incorporate approximately 832 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed dredging would disturb approximately 7,500 sq. ft. of previously dredged shallow bottom habitat, and spoil deposition would fill approximately 40, 000 sq. ft. of upland area. As designed, no portion of the proposed pier, gazebo of gazebo would encroach into the Olde Point Road right-of-way, beyond the edge of the channel, nor beyond the'/4 width of waterbody limitation. Minor increases in turbidity should be expected during construction. Submitted by: Jason Dail Date: 12/13/2016 Office: Wilmington DEC ] 5 2016 DCM- MHD CITY 4 MARITECH DREDGING Innovative Solutions for the Marine Environment 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4058 RECEIVED Mark and Roxann Knierim Dockine Facility DEC 15 2016 Proiect Narrative The project site is Lot 141 Olde Point Road in the Olde Point subdivision loch!.in Hampstead :ITY Pender County. Lot 141 is a residential building lot approximately 0.68 acres in size with approximately 440 linear feet of shoreline frontage along Nixon Creek. The parcel is bound by a vacant tract of land to the west, #170 Olde Point Road to the north, Olde Point Road to the east and Nixon Creek to the south. The applicant is proposing to construct a private residential 4-slip docking facility and to conduct maintenance excavation within a previously authorized channel of Nixon Creek. There is an extensive permit history for the development of the Olde Point subdivision including the development of the subdivision, dredging of Nixon Creek and the construction of the NCDOT causeway and bridge dating to the 1970's and 1980's. Major Development of Nixon Creek and the surrounding waterfront property occurred in 1971 when permits were issued to dredge Nixon Creek from the AIW W to Olde Point Road in order to consistent and adequate water depths for boat traffic and safe harbor. Authorized final project depths for the channel were -5.0 feet a MLW and the channel width was 40 feet. The original project was completed with a hydraulic dredge and pipeline. Dredge spoil material was pumped to the interior portions of the community and used to elevate future building parcels. Since the initial dredging project the community has undertaken several maintenance dredging events to address shoaling within the channel. This work includes excavation work performed by NCDOT adjacent to the project site in 2003 in association with ongoing bridge maintenance. A multi -agency scoping meeting was held in the Wilmington Regional Office on March 18, 2016 to discuss resource agency concerns and permit history. The proposed project consists of the construction a private residential 4-slip docking facility and maintenance excavation of a previously authorized channel within Nixon Creek. The private residential docking facility would consist of an access pier with gazebo and floating docking to provide water access. The maintenance excavation within the channel would re-establish the previously permitted depths. As proposed, the channel would connect the existing depths adjacent to the bridge located upstream of the project site to the existing downstream depths in Olde Point channel. As proposed, the width of the channel has been reduced by 15 feet to avoid and minimize impacts to the resource and to provide an adequate buffer from the adjacent wetlands. The maintenance excavation would be conducted mechanically with a barge mounted excavator. Spoil material would be transported by barge and disposed of at a spoil island privately owned by the Northeast New Hanover Conservancy (see attached letter granting permission). No development of the high ground of the property is proposed at this time. The applicant has been made aware of the necessity to obtain all permits prior to initiation of land disturbance of the high ground including, but not limited, to DWR Stormwater authorization and CAMA minor development authorization. RECEIVED DCM WILMINGTON. NC W SEP 0 9 2016 m Untitled ■ /. •N NC Legend w�Click to • • Write a description Jr - ' co a `q a y \ p _Coo\s'TraiI !r OD )Knierim Property, Cx O ; . - so c9 G) 'j Bear c- VOY 'to a "� aPr� /o o 9s a `� x\ P�13 �G1o� ` oa � Good. ''`th --41, RECEIVED DEC 15 2016 DCM- K!HD CITY 4L V'. ct V(p Z k 15 00 n "U Z c o o 71 q .. ... . -75 44- VL- Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director RECEIVED DEC 15 2016 DCM- MHD CITY Re: Major Public Notice Combo for the following New Hanover County applicants: • William Cameron • Robert W. Dozier • Barton G. Williams • Chris and Alisa Ward And in Pender County: • Mark and Roxann Knierim Kyle & Heather: Please publish the attached Notice in the Thursday, December 15, 2016 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Sincerely, 4haun K. Simpson ' Permitting Support & Custome ssistance Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young - DCM State of North Carolina I E.n omomnental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT RECEIVED 07- DEC 15 2016 DCM- MHD CITY The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications to expand existing docking facilities in New Hanover County, adjacent to Banks Channel, were submitted by the following for development permits in Areas of Environmental Concern, as designated under the CAMA: On November 16, 2016, William Cameron, 414 Waynick Blvd, in Wrightsville Beach; on November 29, 2016, Robert W. Dozier, 2 Sounds Point Rd (Figure 8 Island), in Wilmington; and on December 9, 2016, Barton G. Williams, 608 N. Channel Dr., in Wrightsville Beach. On December 6, 2016, Chris & Alisa Ward proposed to dredge an existing boat basin at 311 Summer Rest Rd, adjacent to the AIWW, in Wilmington; and on December 9, 2016, Mark & Roxann %nierim proposed to construct a private docking facility and perform maintenance dredging at 172 Olde Point Rd, adjacent to Old Topsail Creek, in Hampstead, Pender County. The applications can be examined or copied at the office of Sean Farrell (Cameron), Brooks Surgan (Dozier/Williams/Ward), or Jason Dail (Knierim) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January S, 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. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 =7 I RECENED DEC 15 2016 DCM- MHD Cil Y P. 0. Box 881 Wilmington, NC 28401 November 27, 1972 Dr. Thomas L. Linton, Commissioner Department of Natural and Economic Resources Raleigh, ,NC 27611 Dear Dr. Linton:. I would like to extend my Amended Permit No. 122 to December 31, 1973, which is the termination date of my Federal permit. Enclosed is a map -showing the small run connecting my canal to my bridge in the causeway. I would like to amend my permit to dredge this run to clean up some filling that has occurred to increase the flow of water: I feel that by doing so, this will help 'improve the marsh lands above.the causeway. I enjoyed meeting you and your associates last week, and I am looking forward to seeing you -at any time that you are in the area, as your comments on my development are very helpful to me._. RECEIVED DEC 0 9 2016 DCM WILMINGTgN, NC FMH:ht Enc Very truly yours, 1 M. Hufham oY ..4 NOV 2g Div. AND ORTS FISHERIES 4 ' f y IIDC gAl Post Hufham ,I,Z /-�- i 4J ��� w ' !North 2UOIZA Dear Mr.OF Please consider this letter as sn'extension of your /tote permit (90. 122) to dredge or till.. This eoctenaion is for the project as described is the plan subbd.tted March Ik I9700 subject to all - conditions iU forth in the-perldt issued to YOU an MW 29, 3,971.AC a This letter is to authorise the clean- �. Nixon Creek, Old Point Pleatation Developasnt, ]rev � � Borth Carolina, at the site of the County v 1 aUtborisatipn is le °20Wing said croak. This < Z. made on ticv i g .sad on the site visit that Jia Brown and e s 6 4 I wish to point out that you bust obtain, from the U, 8. ArW Carps -of Mkgineera similar authorization if ; to the Federal peraft is desired. , �3'dmsnt Z / .ya �„�.. u1,...- ..�.-s.�.. its /+✓i':l_�}.t.�. ` S o ,� ,�.� 3� 'll,i L. `� •h✓7./oU BinC� p .- o �-�r VY i V �,.�,. `? �-�4 •�..-�. Kam.+ �'iw...��-,. V vfP ��- .. b-73 TlSala AtIL/ a IC v,ir,-A.✓ A AI,! ; -DE D PERMIT TO DREDGE OR. FILL r 57ITE OF NORTH C .nOLINA DEPARTMENT OF CONSERVATION AND Michael Hufham name P. 0. Box 881 street address I' Wilmington tot:n-city Dlew Hanover N. C. 28Q01 c° y state,CE'V 016 This permit authorizes you to dredge and/or fill in the 1 DEC ] 5 rn requested you in g location and marner 4 by y your permit application, subject to the fol�o o A•P' n See attached. i;�,'J�`-`�t.r�. vg This permit is void if the above conditions are not adhered to and followed. Notification of the completed project must be given this office upon its com- pletion. This permit must be displayed with a copy of the application in the cab or Pilothouse of the vehicle working on the project, whichever is applicable, and be easily accessible to Department of Conservation an: Development personnel. -This permit is terminated on December 31 of the next year subsequent to the year of .issuance. Any additional work or maintenance work on the project subsequent to the termina- tion of this permit requires a new permit. The permit, as approved with conditions, may be objected to by the applicant or by interested State agencies within twenty days of the date of issuance by giving written notice to the Department of Conservation and Development. Applicant is advised of the requirement under General Statute §146-6.1 that power -operated earth moving equipment operating or to be operated in or on publicly owned tidelands, publicly owned beaches, publicly owned marshlands, or navigable If�a State must be registered by the owner of the equipment with the t C ter and Air_Resources:. nr UCH p 9 2016 I! �� CC M WIMINGTO NIC =? t May 1 , 1971 — - _ r Thomas L. Linton, Commissio er Division of Cormercial and Sports Fisheries Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 Mark and Roxann Knierim 337-A Dogwood Lane Hampstead, NC 28443 Dear Mr. and Mrs. Knierim: PAT MCCRORY Cmemor DONALD R. VAN DER VAART 6'eemtury BRAXTON DAVIS D,irclor The Division of Coastal Management hereby acknowledges that on December 9, 2016, we received your completed application requesting State approval for the development of property located at 172 Olde Point Road, adjacent to Old Topsail Creek, in Hampstead, Pender County. The projected deadline for making a decision on your permit application is February 22, 2017. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline. stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 9, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. S' ce ely� n Dail geld Representative cc: MHC file WiRO file Robb Mairs, DWR Liz Hair, USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED DEC 15 2016 DCM- MAD CITY NoTI(01$170A RECEIVr�D DEC 15 2016 DCM- V HED '� T Y CAMA PERMIT APPLIq 0 N/A APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Mark JL Roxann Knierim NC Div. of Coastal Management i 327-A no wood Lana 127 Cardinal Dr. Extension Ham c Pad, NC 28443 Wilmington, NC 28405 Jason Dail, Field Representative Agent: Adam Knierim (910) 297-7710 910-796-7221 tr" AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: / / zk v,Qc> snna /;�� Mailing Address: Phone Number: Email Address: I certify that I have authorized s�(b—yj/—yi.3Z Agent / Z e C to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: I)Cc G< Ag wtv-, at my property located at ,z%) no, Al,, � k in County. / furthermore certify that / am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Print or Type Name Title — a 1� Date e This certification is valid through F /,3/X)�? DEC 15 2C;6 RECEIVED OCM WIU-11INGTON, NC 5EP 0 9 z016 a MARITECH DREDGING Innovative Solutions for the Marine Environment 108 Circle Drive Hampstead, NC 28443 office 910.270,4058 field 910.297.7710 fax 910.270,4058 CERTIFIED MAIL- RETURN RECIEPT REQUESTED #70110110 0000 99471805 August 30, 2016 James Piver c/o Joan Taylor P.O. Box 1146 Hampstead, NC 28443 Dear Ms. Taylor, Mark and Roxanne Knierim are applying for a CAMA Major permit to construct a private residential docking facility and to conduct maintenance excavation within an existing channel located at 172 Olde Point Road (Lot 141) adjacent to Nixon Creek, in Hampstead, Pender County. The specifics of the proposed work are in the attached application forms and drawings. As the adjacent property owner to the aforementioned project, I am required to notify you of the development on order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Debra Wilson, District Manager, at 127 Cardinal Drive Extension, Wilmington, NC, 28405, within 30 days of the receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-297-7710, or email me at adamknierim(a,gmail.com Sincerely, •. , uT a ., , t Adam C. Knierim, M.S. C President/Coastal Geologist M1 HAr Maritech, LLCEr ' tt ErPoakge p Codified Fee RECEIVED C3 Retum Recelpt Fee DCMWILMINGTON,NC C3 C3 (Entlo semeni Requited) Reddded Dell"ry Fee Enclosures SEP 0 9 2016 (E xioreement Required) $o. r=1 Total RECEIVED o Postage B Fees p 6. a o DEC 15 2016 M1 wPO Box Na O C/ry, stm, rn+. DCM- MHD CITY 07 Hem 092016 09/07/2016 108 Circle Drive Hampstead, NC 28443 office 6 MARITECH DREDGING field910.297.7710 .40 Innovative Solutions for the Marine Environment fax 910.270.4058 CERTIFIED MAIL- RETURN RECIEPT REQUESTED #7011 0110 0000 99471799 August 30, 2016 R E C E `V E D NCDOT c/o Anthony Law 5501 Barbados Blvd. Castle Hayne, NC28429 Dear Mr. Law, DEC 15 2016 DC,IJI— MHD CITY Mark and Roxanne Knierim are applying for a CAMA Major permit to construct a private residential docking facility and to conduct maintenance excavation within an existing channel located at 172 Olde Point Road (Lot 141) adjacent to Nixon Creek, in Hampstead, Pender County. The specifics of the proposed work are in the attached application forms and drawings. As the adjacent property owner to the aforementioned project, I am required to notify you of the development on order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Debra Wilson, District Manager, at 127 Cardinal Drive Extension, Wilmington, NC, 28405, within 30 days of the receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-297-7710, or email me at adamknierim(a,email.com Sincerely, VL Adam C. Knierim, M.S. it - ' President/Coastal Geologist tr •' Maritech, LLC RECEIVED r-9 DCM WILMINGTON, NC r` cA"EPIP I C211A L U S E r E11- Pam RECEI\WO SEP 0 ` 201b NC O CerefieeFee $0,0 WILPAINGTC>}7, Enclosures O ( RBNm ROR q.1Fe enaetu-'p ee i0.00 SEP 0 6 O p ReaVlctetl Delivery Fee (Eneoraement RequImd) �q $07 Total PoeiaBa/8+F}aee AAA- 04/07/2016 rq o r`- s PO ba 1 t�Af�oS YJ\OG� aPO Bart No. kt ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse IIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIII IIIIII III e' RECFIVED MIA WILMINGTO j� James Vf-Y sEP 14 2016 0�o �I'll TyIOy P0. x � t 1-6fQ64 , N C 2M-& A. Sig lure X ❑Agent ❑ Addressee B. R ived by (Pr(nted Name) C. Date of Delivery D. Is delivery address diffe(ent from item 1? ❑ Yes If YES, enter deliva�Qpelowr ❑ No 5 ti n 3. Service TypeG 0 Certified Mails E2 Priority M press^ ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7011 0110 0000 9947 1805 (transfer from service label) _ _ Ps Form 3811, July 2013 Domestic Return Receipt RECEVED DEC 15 2016 DCh1- MHD C9TY ■ Complete items -4 2, and 3. Also complete A. Sign tut item'4 J Restricted Delivery is desired. Agent ■ Print your name and address on the reverse X LA—t-- ❑ Addressee �n'Irlh�� •••� --- --- "- - ec Ived by III WIII IIIIII IIIIII IIII III IIII III I I IIII I I III ted Name) C. Date ofD to D.Isdeliveryeddre',66WtlnRitem1? livery ❑Yes - - If YES, ;r�(g McUkfityC9HccLQmQk6NC 0 No yyG N F� l 7016 C��1-i'�►e�n`��tW IP�t�IdoS Blvd 3. Service Type ❑ Certified Mall* 0 Priority Mall Express'" ❑ Registered ❑ Return Receipt for Merchandise 0 Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7011 0110 0000 9947 1799 (Transfer from service label) _ PS Form 3811, July 2013 Domestic Return Receipt BK: RB 5993 PG: 1259 -1262 ND FEE M 00 2016025663 RECORDED: NEW HANOVER COUNTY, =121M46 REAL ESTATE TAMMY THEUSCH BEASLEY 02:39:37 PM REGISTER OF DEEDS EXTX3L00000 RY PNGREFCRESWELL ..RTANT ELECTRONICALLYRECORDED Prepared by: J.C, Hearne, It 265 Racine Drive, Suite 104 W 7lgigyoURNED TO: R tYIT to: �'K�JC He rne,11 Excise Tax: $4,440.00 Parcel identifier No.: R05714-003-009-000 R 5714-003.013-000 R05714-003-006-000 RECEIVE© DEC 15 2016 1 DCM- NIND CBTY initialed, the property includes the primary residence of at least one of the Grantors, otherwise note as NIA, (per NC GS p 105-317.2) Brief description for the index: Lot 4 Summer Rest Subdivision and Metes & Bounds NORTH CAROLINA GENERAL' WARRANTY DEED i mb llELI L. maae tors «wr GRANTOR Charles E. Sweeny and wife, June S. Sweeny Mailing Address: 533 Dungannon. Blvd, Wilmington, NC 23403 GRANTEE <de Christopher War and wife, Alisa S. Ward Mailing Address: 311 Sumner Rest Road Wilmington, NC 28405 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH. NOW, THEREFORE 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 situated in New Hanover County, North Carolina and more particularly described as follows: SEE EXHIBIT "AH The property bereinabove described was acquired by Grantor by instr anent recorded in Book 2652, Page 464; Book 4058, Page 758 and Book 5178, Page 2343. RECEIVED DCM WILMINGTON, SEP 0 9 2016 submitted electronically by "].c, Hearne, II, Attorney at Law' in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. 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 ofthe 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 persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject totbe following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning andlor subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2016 and subsequent years. IN WITNESS WHEREOF, the Grantorhas 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 by authority of its Board of Directors, the day and year first above written. (Seal) Charles E. Sweeny—H t y 2�sea}) Ane S. Sweeny STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Michael 3, Kipke, Notary Public of the County and State aforesaid, certify that Charles E. Sweeny and June S. Sweeny personally appeared before me this day and acknowledged the due execution of the foregoing instrument Witness my hand and official stamp or seal, this * day of August, 2016.. My commission expires; 10/28/2020 tdECHlaFL i 11 sg! tSOTARY PL Ll Na HANOVEA COOtdTY STATE OF NORTH OA wwL rkj Notary Public: bCM WECEIVED ILMINGEON, NC SEP 0 9 2016 SEP 0 9 Z016 EXHIBIT "A" TRACT I: (R05714-003-009-000) BEGINNING at a point in the Western line of Ocean Avenue Three Hundred and Nine (309) feet more or less, Northwardly from the intersection of Ocean Avenue with the Northern line of Ash Street; thence running Northwardly along the line of Ocean Avenue One Hundred and Three (103) feet; thence Westwardly and parallel with Ash Street Two Hundred and Fifty (250) feet to the Eastern line of Central Avenue; thence southwardly along the Eastern line of Central Avenue One Hundred and Three (103) feet; thence Eastwardly parallel with Ash Street Two Hundred and Fifty (250) feet to the point of beginning. Same being all of Lot No. four (4) in Block One (1). according to the official plan of Summer Rest, which said plan is duly registered in the office of the Register of Deeds for New Hanover County, in Book 10, Page-1. There is excepted frori this conveyance 0.04 acres conveyed out to Pembroke Nash and wife, Gretchen N. Nash, by deed recorded in the office Of the Register of Deeds for New Hanover County in Book 2365, Page 0881. TRACT II: (R05714-003-013-000) Being all that certain tract or parcel of land lying and being located in The City of '1 ilmingtam, New Hanover County, North Carolina and being bound on the North by Lot 4 of (now, Joseph Wright Holman) as referenced in the New Hanover County Registry in deed book 1465. page 1671. Bound on the East by property of (now or fomredy) Walter Hunt in deed book 1422, page 1410. Bound on the South by the Mean High Waiter Line of fhc Atlantic iutral Waterway. Bound on the West by (now or fnameriy) Robert Gibbons in dad book 1459, page 1743 and being more particularly described as follows: Caumeneing from the southern right of way of Beech Street (S. R. 1416) and the westem 40' public right of way of S'iar L= Rest Rcsd and torn tvnr, zg dd: rigitt of way Summer Rest Road in a 5outllrwestem duration 112' +/- to the waa astein toner of Lot 4 and the southwestern comer of Lot 5. Thence running and crossing Summer Res; Road S 53003129" W 41.1 P to as etcst'ery iron tripe and said pipe being the Point of Be9Jnubm Thanes running S 5r5l' 10" E 54.28'to an existing iron pipe. The= mmning S 52051,10" E 54.83' to a point located in the mean high water lint of the Atlantic Tatracoasstsl — Waterway. Thence toning with said mean high water S 07°i 1' 16" W 52,00' to a poitrL Thence running S 25011'36" W 28.70' to a point. Thence running S 08°37' 35" W 30.12' to a point. Thence running with the common property line of Robert Gibbons N 53001'44" W 57,43' to an existing iron pipe. Thera toning N 53'01'44" W 69.42' to an exsting iron pipe located in the eastern right of way of Summer Rest Road. Thence running with the eastern right of way of Summer Rest Road N 21 °12'23" E 103.98' to the point of begamutg and containing 11, 906.97 squat feet Legal description ref$oneed on a Physical Survey prepared by Hobbs Surveying Company, Inc dated Sep rnber 21, 1999, job # suns-99496 for which reference is hereby made for a more full and accurate description. Togethm with all the tenements, easements, hereditaments and appurtenances unto the same belonging or in anywise appertairting. RECEIVED DCMRECEIVED WLMIINGTON,NC DEC 15 2016 SEP 0 9 2016 DC111.1- f:'FiD Ci I Y Tract III:(R05714-003-006-000) BEGINNING in the western line of Ocean Avenue (now Summer Rest Road) at the southeast corner of Lot No. Four (4), Block No. One (1) of the plan of Summer Rest, (which said plan is duly registered in the office of the New Hanover County Register of Deeds in plat Book 10, page 1),and running thence with the eastern line of said Lot No. Four (4), 1. North twenty one (21) degrees, twenty four minutes east one hundred and three (103) feet to the southeast corner of Lot No. Five (5) of the said plan; 2. Thence with the southern line of a lot conveyed by the State Board of Education of the State of North Carolina to E. H. Gore, South Fifty three (53) degrees East Six Hundred Twenty (620) feet to a stake in the western line of the right of way of the Intra Coastal Waterway; 3. Thence with the said right of way line South Forty two (42) degrees, Twenty Five (25) minutes West One Hundred Three (103) feet to a stake in said line; 4. Thence North Fifty three (53) degrees East Five Hundred Ninety (590) feet to the beginning. Comprising within the above described area one and Two Tenths (1.2) acres of marshland, more or less. The location of the above described tract of land will more fully appear by reference to a map made from a survey and recorded in the office of the State Superintendent of Public Instruction in Plat Book #1, at page 57. Being the same property conveyed by the State Board of Education of the State of North Carolina to L. Burrows Smith, and wife, Nettie Fleming Smith, by deed recorded October 24, 1932, in Book 232, at page 288, of the New Hanover County Registry. Following the death of her husband, Nettie Fleming Smith, a widow, conveyed the described property to Jean Smith Holman, and husband, Joseph Wright Holman, by deed dated August 16, 1957, and recorded in Book 598, page 551, New Hanover County Registry. The Grantors herein are the children and heirs of Jean Smith Holman and Joseph Wright Holman, both now deceased. The Grantors conveyed Lot 4, Block 1, Summer Rest, to the Grantees herein by Deed recorded October 11, 1999, in Book 2652, page 464, New Hanover Registry. At the time, it was the intention of the parties to also convey the above described marshland to the Grantees, but by error, the marshland description was omitted from the deed. A subsequent deed by the Grantors to the Grantees recorded in Book 4058, page 758, conveyed a portion of the described property to the Grantees, but also failed to convey the entire marshland trac RECEIVED of 1.2 acres, and this Deed is executed in order 3CM WILIOINGTON,NC properly convey to Grantees the above described marshland which sits between Lot 4, Block 1, Summer $EPQ 92016 Rest, and the Intra Coastal Waterway right of way. RECE�� TQN NC Z- Dail, Jason From: Dail, Jason Sent: Wednesday, September 14, 2016 3:36 PM To: Adam Knierim (adamknie(m@gmail.com) Subject: Mark and Roxanne Werim CAMA Major permit application - Additional Information Requested RE: INCOMPLETE APPLICATION — Mark and Roxanne Knierim - ADDITIONAL INFORMATION REQUIRED APPLICATION NUMBER —TBD PROJECT ADDRESS— 172 Olde Point Road, Hampstead, NC 28443 Dear Mr. Knierim: The Division of Coastal Management's Wilmington Regional office received a CAMA Major Permit application from you September 9, 2016, requesting approval for development activities at 172 Olde Point road, Hampstead, NC. In reviewing your application, we have discovered that additional information is needed to complete the review process. Accordingly, I am requesting that you submit the following additional information to this office: 1) Please provide either the signed riparian owner notification statements, or the signed certified mail receipts for/from Mr. Piver. 2) On the site plan drawing, please label the slips (by number). 3) On the site plan drawing, please indicate water depths relative to normal or mean low water. As shown, the water depth measurements show as "+" local mean low water (Imlw), not "-" Imlw. 4) According to the site plan, the floating dock appears to extend beyond X of the width of the waterbody, as measured from the edge or marsh on one side to the edge of marsh opposite. Please revised the pier/dock layout so that no portion of the proposed facility extends beyond ''/. of the width of the waterbody, as defined above. You may send the requested information to me direct at the below address. In accordance with the Department of Environment and Natural Resources regulations, we note that the partial application, as submitted on September 9, 2016; is rncomplete for processing. Upon resubmission of a complete application, a local decision will be made in 150 days, provided this period is not extended as provided by law. Please contact me at 910-796-7221 if you have any questions. Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason. Dail LWncdenr. go v RECEI' Y lEDI DEC 15 2016 DCNI- E.".C—ID Cd —� Y Dail, Jason From: Adam Knierim <adamknierim@gmail.com> Sent: Monday, November 07, 2016 11:51 AM To: Dail, Jason Subject: Knierim Application - Olde Point Jason, Hope all is well. I wanted to touch base concerning the Knierim Application and specifically address the issues that we are faced by regarding the dock layout due to the interpretation of the 1/4 width rule. An interagency scoping meeting was held in March to discuss project details and the application was submitted based on comments received at the meeting. I was subsequently informed upon submission of the application, that the proposed docking facility appears to exceed the '/4 width limitation and that the waterbody adjacent to the shoreline, but not within the dredge footprint, is designated as Primary Nursery Area. The Primary Nursery Area designation required that the slips on the landward side of the floating dock be eliminated and the floating docks be reconfigured. However, the methodology used in the measurement of the quarter width of the waterbody seems to be a bit more challenging. Firstly, thank you for sending over the drawings depicting the quarter width. However, these drawings greatly alter where the floating dock can be positioned and seem to allow for varying points along the shoreline from which to make the measurements. An important point here is whether or not the creeks on both sides of the existing channel are taken into consideration for determining overall width measurements. Drawing 0085 does not depict the creek on the eastern side of the channel but shows width measurements in the location of the creek. Drawing 0089 terminates the quarter width line in the embayment and doesn't account for the curve in the shoreline. Given that the embayment, which seems to be the limiting factor, is located entirely within the riparian area of the client's property, we would like to propose a measurement line from which to determine the quarter width by extending a line from edge of marsh grass to edge of marsh grass. This line would be extended on both sides of the creek and would parallel the dredge footprint along the edge of grass. Thereby, allowing for a more simplified and linear approach to determining the quarter width. This would align the quarter width with the footprint of the dredge channel. The proposed methodology will allow for a buffer from the edge of wetlands, prevent the floating docks from impacting the shallow bottom habitat, and provide water depths sufficient to support boat slips on the waterward side of the floating dock without extending into the channel portion of the waterbody. I believe that this method of determining the quarter width of the water body is more consistent in keeping with the spirit, purpose, and intent of the rules and would be more consistent with the rules that govern this type of development. I am happy to provide you with any additional information you may need. Thank you in advance for your time and consideration of this request. Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 %'CF �VED DEC 15 2016 DCNJ- WHD CITY 1 Dail, Jason From: Dail, Jason Sent: Wednesday, September 14, 2016 4:16 PM To: Adam Knierim (adamknierim@gmail.com) Subject: RE: Mark and Roxanne Knierim CAMA Major permit application - Additional Information Requested Hey Adam, Sorry to report that some information has been brought up and I need to discuss this project with you. Can you give me a call at your earliest convenience. In short, I will need confirmation that the COE issued a dredging permit for the subject area back in the 1970's as you refer to in the application package. In addition, and based on NCDMF's comments at the pre -application meeting, we will need confirmation that the area was authorized in 2003. Another point of concern is the lack of water depth information shown on the site plan, particularly in the area behind the proposed floating dock where I presume two (2) of the four (4) slips are proposed. Docking here may be problematic as this area is designated as a primary nursery area (PNA). According to NCDMF's Rules, the PNAs of Topsail Creek run to the edge of the channel as defined by NCDMF. The main channel; however, is recognized as a permanent secondary nursery. At any rate, we need to get these issues resolved prior to moving forward. These comments would be an addition to the additional information request sent earlier today. Call me when you have a moment to discuss. Thank you, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC284O5 Phone: (910)796-7221, Fax: (910)395-3964 Jason.Daflfncdennaov % ' 1Nothing Compares.—, [ -_.. ,� 1 c �ULt .��a.� DEC 1 5 2016 E-mail correspondence to and from this address may be subject to the North Carolina Public n ^ A Records Law and may be disclosed to third parties. . i 9/1/2016 Disposal Island Use- adamknierim@gmail.com - Gmail f Adam Krderim <adamknienm@gmail.com> to Paula 2:07 PM (21 hours ago) Poule. I am writing to request use of the Northeast New Hanover Conservancy Disposal Island for placement of approximately 990ry of material derived from the Kniem Project in Olds Point. As discussed. an email authorization will sumo, for permitting purposes. Please give me a cell g you have any additional questions or morams. Thanks again and talk to you soon. haanarde 9:02 AM (2 hours ago) to me Approved. Paula Bushardt President Northeast New Hanover Conservanc RrCENEE`7 DEC 15 2016 DC%i NPHD CITY RECEIVED b'M WILPAINGTON, NC SEP 0 9 2016 Mips://mail.google.com/mail/WO/Anbox/156elc5fcca0bb94 1/1 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW /Topsail Sound Fee: $400 6157 CDAITS _ MHC cc Applicant: Mark & Roxann Knierim Agent/Contractor: Maritech Dredging do Adam Knierim Project Site County: Pender Staff: Jason Dail District: Wilmington Project Name: Docking Facility and maintenance excavation Rover File: We River Basin: Cape Fear Initial date of application submittal: 9-9-16 - Date application "received as complete" in the Field office: I L, ct, SITE DESCRIPTION/PERMIT INFOIION ORW: Yes Mo I PNA: Yes o Photos Taken: Yes ❑ Setback Required (riparian): Yes Critical Habitat: Mes LJNo ❑Not Sure 15 foot waiver obtained: ❑Ye No Hazard ;�IIotification Returned: []Yew -]No SAV: []Yes Mo ❑Not Sure Shell Bottom: []Yes QNo ❑Not Temporary Impacts: ❑Y No Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use classification come Mitigatio Required (optional): from county LUP� es ❑No ❑Yes�No Moratorium Conditions: EnvirorVnental Assessment Done: Lengthof Shoreline: []Yes No []NA❑YeNo ❑NA op FT. Shellfi h Area Designation: Project Description: (code) Development Area: (code) Open -or ose C/ A-G SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) igh Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) El (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus Ll (TY) Cattail (Typha sp.) spicata) sp.) LJ (JR) Black needlerush (Juncus ❑ (SP) Salttmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 II(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 Knierim, Mark & Roxann Date: 9-9-16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replace Maint ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N ZZ! New Wo Maint El Replace ❑ Y ❑ N (!r 40 New Wo Replace Mart ❑ Y ❑ N 2 New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 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 ternimpacts) _impact amount) temp impacts) amount Owl_ Dredge Fill ❑ Both ❑ Other ❑ 7 �� Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fil Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1-888-4RCOAST :: www.nccoastaimanaaement.net revised: 10/12/06 r✓ MAJOR PERMIT FEE SCHEDULE 172 Olde Point Road/ $400, CK #2157 / Pender Co 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 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0`/. ($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $250 100% $250 0% ($0) III(B). Public orcommercial development, if General Water Quality Certification No, 3900 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3900 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3900 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED DEC 15 2016 DC:':I- "rij-0 CITY DENR CAMA Daily Check LogforWIRO ale Date DepDos/te Check Receipt or Received tl Check From Name Name ofPermit Holder Vendor Check Number amount Permit Number/Comments Refund/Reallocated 9/9/2016 Madtech LLC Mark & Roxann Knierem Bank of America 2167 400.00 Ma pemit fee 172 Olde Point Rd Pander JD rct. 2777D W U ] o C) LLJ Le:, _ � U � w W c � U NIX0t s (_ MARITECH DREDGING /nnma�n M.'vlliH.nfnr Nrr Wrw fmJmirvnl 1 OEI CIRCLE DRIVE OFFlCE: 910.270.4058 Flnm P9i Enor NC 28443 FFAX: 9110.200.40518 DEC 15 2016 JLB ENTERPRISES. LLC PRO?ERTY KNIERIM PROJECT PENOER COUNTY, NORTH CAROUNA PROPOSED LAYOUT RECEIVED DCM WILMINGTON, NC DEC 0 9 2016 0 1 -- I _ ____ ____VAEDs�TFgrxTEJ yi ZR D ETA PLAN VIEW 4 PSI FLOATING DOCK _ MEAN LOW WATER EXISTING 9GRADE (TYP.) FINAit '•V'R+ GRADE TYPICAL CROSS SECTION PIER, DOCK, AND TEMPLATE = 100' N.T.S. NOTES- DEPTMS ARE REFERENCED TO - ME. LO'N WATER ( MLW). BASE MAP PPoVIDED RY PR041E5SIVE LAND DEVELOR1EHi CIX6LLL LLAMTS, PC AERIAL PHOTO NC ONE MAP. 2012 AERIAL SHORELINE DIGITIZER FRI AERIAL PHOTO AND 41D FOR CHANNEL ME.SNEMENTA STMKTLRES SHOWN IN TYPICNL CROOM SECTION ARE A SRETCN ONLY A. 00 NOT REFLECT FINAL CCNSTRU[tIM. —.. MV Form DCM li EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization) Length 300 Width 25 Avg. Existing Depth 1.0 NA NA Final Project Depth 5.0 NA NA T:. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. muddy sand +/- 850 c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 0 or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW- ❑SAV ❑SB RECEIVED ❑WL ®None (ii) Describe the purpose of the excavation in these areas: D E C 1 5 2016 N/A DCM- MHD CITY Z DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Northeast New Hanover Conservancy disposal area 40,000 sq. ft. (approx. 200 x 200) c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? []Yes ®No ❑NA ®Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. (I) If yes, where? same e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water.? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ®No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. () n If es, how much water area is affected? y ❑CW ❑SAV ❑SB N/A ❑WL ®None (ii) Describe the purpose of disposal in these areas: N/A VolUON,N,NC DEC 0 6 2016 252-808-2808 :: 1-8884RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of T 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. type oT snorenne staomzanon: U. Leiyul. ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead badkfill _ Riprap Breakwater/Sill Other i. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. F:ECEiVIE® DEC ] 5 2016 DCM- MHD CITY 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes []No El NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation tavv), snen oottom tars), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: S. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Silt Fence Mechanical Dredge utilizing a barge mounted excavator and skidsteer to transport disposal material. c. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. WA d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. N/A R EISEI ED V DGM WI MINGTO SIC t 1216/2016 m-1 0 h 20 Date Adam Knierim Mark and Roxann Knierim Project Name VIt-1 - I N Lon 00*0056010 252-808-2808 0: 1-888-4RCOAST:: www.nccoastalmanagement.net revised: 12I26/06 ►32 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) DEC 15 2016 DCM- KIND CBTY Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: b ❑Commercial ❑Publo/Government ®Private/Community c. (i) Dock(s) and/or pier(s) d (ii) Number 1 (iii) Length 198 (iv) Width 6 (v) Floating []Yes NNo e. (i) Are Platforms included? ®Yes []No f If yes: (ii) Number 2 (III) Length 60 1616 (iv) Width 8,16 (v) Floating NYes NNo Note: Roofed areas are calculated from ill dimensions. g. (i) Number of slips proposed h. 4 (it) Number of slips existing 0 i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel []Open water, no dredging required ❑Other; please describe: k. Typical boat length: 17 M. (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of tie pilings? N/A ❑This section not applicable (i) Will the facility be open to the general public? ❑Yes NNo (i) Are Finger Piers included? ❑Yes NNo If yes: (ii) Number (III) Length _ (iv) Width (v) Floating ❑Yes ❑No (i) Are Boatlifts included? ❑Yes ®No If yes: (ii) Number (ii!) Length (iv) Width Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies N Dockage ('wet slips) only, number of slips: 4 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). skiffs and small outboards I. (i) Will the facility be open to the general public? []Yes ®No RECEIVED /� TON, NC V `•�dEC016 252.608-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 12/27/06 Forth DCM MP-4 (structures, Page 2 of 4) In 2. DOCKING FACILITY/MARINA OPERATIONS ® This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. DEC ] 5 2016 d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? []Yes ❑No 252.808.2808::1-888-4RCOAST::w ,nccoastatmanagement.net revised: 12/27/06 Form DCM BUMP-4 (Structures, Page 3 of 4) RECEIVED n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? DEC 15 2016 []Yes []No o. Is the ) arina/docking facility pose within or adjacent to coastal astal wetlands/marsh (CW), submerged aquatic veggiltjpq I(�V)�pgl�pttp� Iw SB , or other wetlands ? If an boxes are checked, provide the number of square feet affected. L9 ii v i "v" 1 ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed madna/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including coveredaifts) ®This section not applicable a. (i) Is the boathouse structure(s). ❑Commercial ❑Public/Government ❑Private/Community (ii) Number _ (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (u) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a- Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial [Public/Government ❑Private/Community o. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 7. GENERAL 3 t ^ P I NIC .e t,�'�:"�.�t'i.y=.,"'d�a,.._ 1, E 16 252.808-2808 :: 1-888-4RG®AST :: www.nccoastatmanagement.net revised: 12t27/06 I I , Form DCM MP-4 (Structures, Page 4 of 4) b'✓ a. Proximity of structure(s) to adjacent riparian property lines +100 feet Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 65-85 feet (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of stwcture(s) to adjacent docking facilities. +300 feet d. Water depth at waterward end of structure at NLW or NWL -1.6 to -2.0 feet A NLW 8. OTHER ❑This section not applicable a. Give complete description. The applicant proposes to construct a private 4-slip docking facility and to conduct maintenance excavation within an exisitng channel. 12/6116 Date Mark and Roxann Knierim Project Name Adam Knierim A ican ai e Applicant Signature RECEIVED DEC 15 2016 DCM- MND UN r-iECEIVED � C�)A'VV1�A�II�Tt�V, NC 252-808-2808:: 1-888-4RCOAST:: www.necoastaimanagement.net revised: 12127106 R PIVER PROPERTY L IHC 'reLE isle lTR � � x�k:�u W.. �.n -max"y, Ll Ll yz u you XY xx is JLB ENTEF ' S= m if v o cy A,,ba Shor_ehne 32 b 6) '"Y q ' cox mMrNZIONs Ia. ,• ^ri lot RISES, L C PROPERTY # -- uuw I 11 �k FLOOD - " 1DRI u;F70 y 501 IMLW 5.0 4.8 xwnn+ stxvar MR ' loan AARLOP N I X 0 N C R E E K R RDL,T ROAD 6.3 6.1 6.0 rsF t - D..r R R`T lllK. 1(l. T P - DRF rolM NORT" G „ s P.rowa DISdBCa ,,.� EBB arrDDeD,d _ ,Do.dP.t, c to �0 7.0 ,.a. MARITECH DREDGING Irmovativv Solutions for the :Marine Em ironment 1 OB CIRCLE DRIVE OFFICE: 91 0.270.405B HAMPSTEAD, NC 28443 FIELD: 910.279.7710 SURVEY DATE'. DRAWING FAX: 91 0.270.405B enrc SCA KNIERIM PROJECT PENDER COUNTY, NORTH CAROLINA PROPOSED LAYOUT DRAWING NAME'. HORIZONTAL DATUM: KNIERIM_REV6. DWG NAD 83 RIFF • ' ' r ' ' ' SHELLFISH ' • • • • • • RESOURCE +!Z6r' ti0, ti p � 0 1p . r • • r • . I'll n_ o • I / If ...... Q / ;•.. Iw w w . . • . r . w • . r Q/ Zo / ' �p rr..• • / .....••. 2° ��� o w r r tip DOCK DETAIL - PLAN VIEW W 25' 50, i PIER RAMP EXISTING GRADE (TYP.) j FINAL GRADE E 1"=10 Receive.. SCALE : I' = 25' FLOATING DOCK MEAN LOW WATER 30' TYPICAL CROSS SECTION PIER, DOCK, AND TEMPLATE N.T.S. NOTES: DEPTHS ARE REFERENCED TO LOCAL MEAN LOW WATER (LMLW). BASE MAP PROVIDED BY PROGRESSIVE LAND DEVELOPMENT CONSULTANTS. PLLC AERIAL PHOTO: NC ONE MAP; 2012 AERIAL SHORELINE DIGITIZED FROM AERIAL PHOTO AND USED FOR CHANNEL MEASUREMI STRUCTURES SHOWN IN TYPICAL CROSS SECTION ARE A SKETCH ONLY AND DO NOT REFI FINAL CONSTRUCTION. SHE 101 . . �"/ :. ., - . - -1 '. --, PIVER PROPER 1 — 4 sas ILI .JY --z« JLB ENTERPRISES, LLC PROPERTY I - I FLOOD AREA R a N �4 5.1 N I X O N C R E E K 6.3 ..�, .k. ,o �.. ...,,,... EBB LMO r 7.3 �.2 7.0 - - n aSiw MARITECH DREDGING Innovative .Solutions for the Marine Environment OFFICE: 91 0.270.4058 1 OH CIRCLE DRIVE FIELD: 91 0.279.771 ❑ HAMPSTEAD, NO 2B443 FAX: 91 0.270.405B a JPaN KARLOF OrB6 Po/AT ROAD cur ., -was romy ' mrsuE rFr - r Dm muxrr - . DF)rr MT9BFR JB 'prY lOB No.Ov9Y- �e.n', KNIERIM PROJECT PENDER COUNTY, NORTH CAROLINA PROPOSED LAYOUT DRAWING DATE: DRAWING NAME: HORIZONTAL DATUM: VERTICAL I/20/2016 KNIERIM_REV5.DWG NAD 83 M ........ ,..,.. ..................... ......................... ..................... . . . . " • .Aerial Shoreline. . . • . L. . L.. . L.. . . . . . . . . !PIER. . . . . , , i 6 . . L. L.. L. L. L.. , GAZEBO Aerial Shoreline , 1 --1 — 3, 1 W DOCK------- ' —FLOATING 23 I I cooc A .9 4 3Z I yp — _ _ _ _ _ DREDGE TEMPLATEJ 3,1 / 4.le g6 . . pA .... .. DOCK DETAIL ... ._._.._.. , - PLAN VIEW SCALE : I' = 25' PIER RAMP FLOATING DOCK MEAN LOW WATER EXISTING GRADE (TYP.) FINAL 25' GRADE -I J TYPICAL CROSS SECTION ivo, DOCK, AND TEMPLATE I" = 100' N.T.S. NOTES DEPTHS ARE REFERENCED TO MEAN LOW WATER ( MLW). BASE MAP PROVIDED BY PROGRESSIVE LAND DEVELOPMENT CONSULTANTS, PLLC AERIAL PHOTO: NC ONE MAP; 2012 AERIAL SHORELINE DIGITIZED FROM AERIAL PHOTO AND USED FOR CHANNEL MEASUREMENTS STRUCTURES SHOWN IN TYPICAL CROSS SECTION ARE A SKETCH ONLY AND DO NOT REFLECT SCALE: FINAL CONSTRUCTION. SHEET: I OF I AOID N@J[[1 ivClRxer PI.FPIxC1C !� ,lE[0 Y N. %[ PKT I I WIL IR I MS of .t. Alt.. 'aw rn a FLOOD WE Aerial Shoreline, . . • . . . . . . . . . . . . . . . ,PIER. . • , . . . . . . . . . . . 6' . a . . . . . . . . . . . . . . . GA717130 . • . • • • . . , . . . . • . . , . • . . . Aerial Shoreline , JLB ENTERPRISES, LLC PROPERTY I o `.... 3' Rq 1 .,• ,'' I,. — -.,... __. G DOCK ' FLOATIN11111 loon ., 50 ,�. I g9 �_____ DREDGE TEML TEJ \ �_______ 3. z .V,.... \ Imo/ A9 ..".""..., PIER a .Iv. ^ . Aeral 32 °"°"`"o.1 `� DOCK DETAIL - PLAN VIEW 73 u \fi6r" a o 2s' sa AREA "� r,. SCALE I" = 25' Aerial Sholehoe � o L m m AI\f_ A B N 5.1 N I X 0 N C R E E K 6.3 MARITECH DREDC,INC, NWInmmaNve.W,,tions for the Marine Environment OFFICE: 91 0.2713.4058 108 CIRCLE DRIVE FIELD: 910.279.7710 SRDATE: DRAWING DATE: HAMPSTEAD, NC 28443 FAX: 910.270.4058 2015 11/20/2016 J.3 7.2 TO �t`rAen/a\ho�iine �� EDGE TO O'MLVV x `r - Y• r- — — — FII'j4fA.4 SGrFVEY /pF JV11N JGFLO£ OWE Po/AT ",'D ly'S'Aft TIl' iw Kr-0.9 PoGM - Itil. RIL'NTY - .YOFIY/ CAP11111 ' I, fMTBBEN N 1. 0392-r-M:``f ��lOBI _ " 0' SCALE: I" = 100' :A KNIERIM PROJECT PENDER COUNTY, NORTH CAROLINA PROPOSED LAYOUT HORIZONTAL DATUM. VERTICAL DATII�: SCALE'. NAD 83 MLW V NOTED PIER RAMP FLOATING DOCK MEAN LOW WATER EXISTING GRADE (TYP.) FINAL 25' GRADE vulI CROSS SECTION 00 C, AND TEMPLATE N.T.S. NOTES: DEPTHS ARE REFERENCED TO — MEAN LOW WATER ( MLW). BASE MAP PROVIDED BY PROGRESSIVE LAND DEVELOPMENT CONSULTANTS, PLLC AERIAL PHOTO: NC ONE MAP; 2012 AERIAL SHORELINE DIGITIZED FROM AERIAL PHOTO AND USED FOR CHANNEL MEASUREMENTS STRUCTURES SHOWN IN TYPICAL CROSS SECTION ARE A SKETCH ONLY AND DO NOT REFLECT FINAL CONSTRUCTION. r uL i ` - EVER PROPERTY 9� pEnx w �y— iT9 r f svrt -- CVP MVS., .fF. R aLV T ,. IfEa.!•'eY - 5 f u` ':. PI&^ : caws+Lo a• c�ca�,irv.rs JLB ENTERPRISES. L_LC PROPERTY! . T1.11 ram, ,.• -.- L �A ZS PIEF Gry 9 Aerial reline 3 n OOCu pETUL Lj Pon orzaEnsia+s 62 �I u AREA\ a � O 59 Aerial S ,o . z FLOOD N I X 0 N EBB MARITECH DREDGING, InnornUve Soh?ions for Ihe.Mnrine Environment OFFICE: 91 0.270.405E 1 OB CIRCLE DRIVE FIELD: 910.279.7710 HAMPSTEAD, NC 2B443 FAX: 910.270.4058 DREDGE TO REDGE 1�1 r�4 Ai m AREA R 5.1 N �4 .YIPy(G .SL'RttY PoA CREEK 1011A IGRLaF OYIC POL\T R OWE 1 6.3 6.1 6.0 MHSLl rrr. - rt}DHR rnonJA - .YoFSH IN. olu-1-111,1 DATE: I DRAWING DATE: --... • • • • w w . r . • • w w w • + • w • • • • • • w w • w w w w • • r - + • . • w • . r " . • w w w a w w • • • w • • • w • w w • • w • w . + + • • w w w . r . . • • w • • • w w • • w • • w w • • • • w • w w . r w w • • ,Aerial Shoreline. . • w . w w w . ,PIER •• Aerial Shoreline r + 0' 50, 100' •v. 200, SCALE : I" = 100'A KNIERIM PROJECT Received PENDER COUNTY, NORTH CAROLINA PROPOSED LAYOUT KNIERIM_REV5. DWG VERTICAL D4UIjj :NI SCALE: - '-�•-' I■rwlnrrrrr■i■■n■rn�ll�lllllllllllllllllllll � 00W 29 DRE_ --DGE TEMPIATE� 3,1 - mil_----�----- _--_ 4• ��1 DOCK DETAIL - PLAN VIEW 0' 25' 50' PIER RAMP SCALE : I" = 25' FLOATING DOCK MEAN LOW WATER EXISTING GRADE (TYP.) FINAL I 25, GRADE Its' VOTIMCK,CROSS SECTION AND TEMPLATE N.T.S. NOTES: DEPTHS ARE REFERENCED TO — MEAN LOW WATER ( MLW). BASE MAP PROVIDED BY PROGRESSIVE LAND DEVELOPMENT CONSULTANTS, PLLC AERIAL PHOTO: NC ONE MAP; 2012 AERIAL SHORELINE DIGITIZED FROM AERIAL PHOTO AND USED FOR CHANNEL MEASUREMENTS STRUCTURES SHOWN IN TYPICAL CROSS SECTION ARE A SKETCH ONLY AND DO NOT REFLECT FINAL CONSTRUCTION. K ,. ' i � �'� rAg a cwe co a co>c - PIVER PROPERTY JLB ENTERPRISES. LLC PROPERTY! �\ ` VF% Pnv L�TF, NT PV 4RIRN I.tlNl1�-. ... � �1 � T SEE DOCK oeraL E0. DIMENSIONS AREA b; --- FLOOD AREA F 'o NIX0N CREEK5�1N ~a _.414S 6.3 61 -es 6.0 EBB 7.3 12 e. 7.0 B MARITECH DREDGING Innm-aNve Solutions for the Marine Environment OFFICE: 91 0.270.4058 1 OB CIRCLE DRIVE FIELD: 910.279.7710 HAMPSTEAD, NC 28443 Fax: 910.270.405E SURVEY DATE: DRAWING DATE: 2015 11/20/2016 .............. . .Aerial Shoreline + . . , • . • , • , . • + . PIER• , , , . , , • • • • . , , • , • • + . . 6 , , , . . , GAZEBO + • . , . . , + , . , . . . . . . . , , Aerial Shoreline , .9 3-S 1 A 5.0 I _ _ _ _ _ DREDGE TEMPIATEJ 3.1 29 �__-__--_____ y 5..0 yW.... A9 .....a15tLo: , . . A . . . . , 5A + + . , . . . . . , PIER DOCK DETAIL - PLAN VIEW 0' 25' 50' SCALE : I+ = 25' RAMP T /FLOATING DOCK MEAN LOW WATER ',. EXISTINGk„,,y ' GRADE (TYPJ FINAL Ili „�/" p ,osl;, i -� �- AWIN K4RLOF GRADE OYOE POLST Wi s PPaOOrover 1p ,rDB TIEP P[:}BFR (YIVM1TY . ORTB C.fROfJ1.i &T3BEN .3B "A/T IOB Vo.02.92-I-GRl1 TYPICAL CROSS SECTION 01 Ioo 0o VOID —CK, AND TEMPLATE 100"N.T.S. KNIERIM PROJECT PENDER COUNTY, NORTH CAROLINA PROPOSED LAYOUT DRAWING NAME: HORIZONTAL KNIERIM_REV5.DWG NAD VERTICAL SCALE NOTED NOTES: DEPTHS ARE REFERENCED TO — MEAN LOW WATER ( MLW). BASE MAP PROVIDED BY PROGRESSIVE LAND DEVELOPMENT CONSULTANTS, PLLC AERIAL PHOTO: INC ONE MAP; 2012 AERIAL SHORELINE DIGITIZED FROM AERIAL PHOTO AND USED FOR CHANNEL MEASUREMENTS STRUCTURES SHOWN IN TYPICAL CROSS SECTION ARE A SKETCH ONLY AND DO NOT REFLECT FINAL CONSTRUCTION. I OF I