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HomeMy WebLinkAbout27-17 Lamy, SusanPermit Number 27-17 Permit Slass NEW _T STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V erM t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Susan Lamy, 9 Bermuda Drive. Wrightsville Beach, NC 28480 Authorizing development in New Hanover County adi. to Lee's Cut, at 9 Bermuda Drive, Wrightsville Beach as requested in the permittee's application dated 10/20/16 (MP-1 & MP-4). 11/15/16 (MP-2) incl. attached workplan drawings (3), 1 & 3 of 3, dated 11/15/16, and 2 of 3 dated 11/14/16. This permit, issued on February 23, 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 the permit to be null and voin. 1) The adjacent riparian property owner to the west has not waived the 15' setback from the adjacent property owner's area of riparian access and therefore the boat lift proposed within this setback is inconsistent with 15A NCAC 07H .0208(b)(6)(I). Accordingly, the proposed boaREiE'VIEDd by this permit. FEB 2 8 2017 Excavation rr ��n� yy 2) In order to protect juvenile finfish resources, no excavation shall be permittedQe9MR pp��� A�ti1 gagITY 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. 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. fev2 Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Susan Lamy Permit No. 271V Page 2 of 3 ADDITIONAL CONDITIONS 3) Excavation shall not exceed -4 feet below normal low water. In no case shall the depth of excavation exceed the depth of the connecting waters. 4) 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. 5) No spoil material shall be placed within 30 feet of the normal high water line. 6) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 7) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Maintenance Clause 8) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any future maintenance work, as 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 locatigA design and holding capacity of the spoil disposal site shall be approved by a representative �C1ivision prior to the initiation of any maintenance dredging activities. 1 G The date of map revision and the permittee's signature shown anew on the original plan. F 2 g 2�11 General C1TY 9) i)cw i ee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 11) 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: The permittee is encouraged to coordinate with the Division of Coastal Management to relocate the existing floating dock piling in order to bring it into compliance with the Town of Wrightsville Beach's pier head line. 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. Susan Lamy Permit No. 27-17 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit 197800056 & Nationwide Permit 35 (Action ID No. SAW-2017-00172), which was issued on 1/31/17. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 2017-0052. NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED FEB 2 8 2017 DCM- MHD CITY UCM MP-1 APPLICATION for RECEIVED JAN 0 5 2017 Major Development Permit (last revised 12/27/06) DCM- MHD CITY North Carolina DIVISION OF COASTAL MANAGEMENT 1, Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name a Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box city t !N f �IN S0,1�e. State .n l- 70 C. ZIP a g c( D Country Phone No. 336-26i- 435LV ex" FAX No. Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: FirEk Name MI Last Name Mailing Address PO Box City -r State (y �! t_ rl1 ro / Y .� lV ZIP Phone No. 1 Phone o. 2 g o3 g/a-�3)- 85/fed. ext. FAX No. Contractor # _ Street Address (d different from above) City State ZIP Email �'!'ltir t(,t N� �sr-ta. �• Co.� RECnCM EIVED <Form continues on back> Nov 18 2016 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) RECEIVED APPLICATION for Major Development Permit JAN 05 2017 3. Project Location '` ' County (can be multiple) Street Address LJ - State Rd. # Subdivision Name city tln�ri Uso:(le i ezk - State NC Zip a S-/go Phone No. - Lot No.(s) (tl many, attach additional page with list) 336-;6q- 63se ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project �C`Sc0c- l e e �t� —�_1.__..- c. is the water body identified in (b) above, natural or manmade? d. Na mp the clo��`majpr _water body to the proposed project s te. sou^-� PNatural. ❑Manmade ❑Unknown vrca e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed OYes []No work falls within. (jr;SJ�Cis 4. Site Description -a. Total length of shoreline on the tract (ft.) , b. Size of entire tract (sq.ft.) 694f GO jD000 c. Size of individual lot(s) .t' G pp p aS p d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) OIHW or ❑NWL e. Vegetation on tract I G radsco y 0'r i�Poj /on'tract I. Man-made features and uses now (��er/ ��aeLffd.S riot i 0U6-e� C/ur!l¢�u'� �/ / \ ezCf ; "J fesr��,v`Ijo.il(it)r`,.$J eC/ g. Identify and describe the existitn�g� land uses adjacent to the proposed project site. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? nfI (��y S It o. I (Attach zoning compliance certificate, if applicable) zoning r e!5 tY e —C �%es ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes 153No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes )gNo ❑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? <Form continues on next page> [)CM WILMINGTON, NB NOV 18 2016 252-808.2808 .. 1-888-4RCOAST .. www.4secoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for RECEIVEDMajor Development Permit m. (1) Are there wetlands on the site? JAN 0 5 P017 []Yes ;0No (ii) Are there coastal wetlands on the site? - ❑Yes ,'oNo DCM- MHD CITY (III) If yes to either (i) or (if) above, has a delineation been conducted? []Yes [3No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. f co"S4 3ewel . o. Describe existing drinking water supply source. c, �fy LOON p. Describe existing storm water management or treatment systems. gc.t/' Tacc fuN�'�`F 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government n p"') pqe. )gPdvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. keep 3,oa 6ecw C- e l eaa- � �rpapsc ( DGICrr�-S D� r ea. to e S lci�r bo�K 5 fries 04 an(�Ii —Zl MLW c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type equi mant and where it is to be stored. (�, (:y 0i� tin?S'IL�i( oa��,`'!=f%-� :`f w1y e of`` -0 e.`/ PI 5S 0- QS �;�)e..S r)S pp�kad1 -ocls 10"".5 >•-h.a 5:1e. l i CV40- e e, ad- Ol-o HaL.. o +c cQrer�ge r e LY G I�GG ON j/WL d. List all development activities you propose. t-. •� (3 7^— etLr S` /,-3 �oa`li�.s �rL- 0- �Jro`Jo Do Clrea atouN� 1.oS4 i; e. Are the proposed activities maintenance of an existing project, new work, or both? K-)er.J L.J0 r(L I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres /4�_3ON C- g. Will the proposed project encroach on any public easement, public accessway or other area []Yes �Wo ❑NA _ that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. e I U^J r' Sur-�ae RECEIVE I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes Wo ❑ DEC 0 1201 If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED — --- .......e <Form continues on back> NOV 18 2016 Nt� D N, NC I, NO 252.808-2808 :. 1-888-4RCOAST :: vvww,nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) �`V , r APPLICATION for � C Pajor Development Permit IAN 0 � 7017 6. Additional Information In addition to this completed application form, (Mp-1) the following Items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to 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 Sys, Phone No- 7 ..Address ; Name �oArr (C ^�f5 Phone No. r �,v otJ.0 3-� i - 5/-2 Address 3 6 /0 7L I M CS J !fie �� (�u. �„ gV 3G I--r!a w Phone No. Name q r+15 'a - Addressr5ctlSu;�G 3ecr.¢.�/L7.C.:�ffYxy g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization forth, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only th The project will be subject to the conditions and restrictions contained in the permit. in the application. 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 besI ff knowledge. Date — Print Name t /VdZ r Signature 41 Please indicate application attachments pertaining to our proposed project. ZDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development DCM WILMINGTON, NC VDCM MP-4 Structures Information NOV 18 2M 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net RECEIVED JAN 0 5 2017 STRUCTURES DCM- (Construction within Public Trust Areas) MH® CITY 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/MARINACHARACTERISTICS ❑ This section not applicable a. (i) Is the docking facility/marina b. (i) Will the facility be open to the general public? ❑Commercial ❑PubliciGovemment JR[Private/Community ❑Yes Oo c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes 04o (ii) Number _ Q If yes: (III) Length (ii) Number (iv) Width (III) Length (v) Floating ❑Yes ONO (iv) Width _ - (v) Floating ❑Yes ONO e. (1) Are Platforms included? ❑Yes ❑No I. (i) Are Boatlifts included? *es ❑No If yes: If yes: (ii) Number (ii) Number _c�) (III) Length r (III) Length (iv) Width (iv) Width (v) Floating ❑Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service a ❑ Dockage, fuel, and marine supplies ' ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: /to O N C- 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). 00pen water; dredging for basin and/or channel -'p e /,-.) I'u.vA60CM4 ❑Open water; no dredging required []Other; please describe: r k. Typical boat length: �( (o 1. (i) Will the facility be open to the general public? ❑Yes Flo RECEIVED m. (i) Will the facility have tie pilings? DCM WILMINGTON, NO ❑Yes Mo (ii) If yes number of tie pilings? - NOV 1 g 2016 252.808-2808 :: 1-8884RCOAST :: www.necoastaimanagement.net revised: 12127/06 Form DGM MP-4 (Structures, Page 2 of 4) RECEIVED JAN 0 5 2017 2. DOCKING FACILlT1'/MAR/NAOPERATIONS ❑ This section noWplicable G a. Check each of the following sanitary facilities that will be included in the proposed project. " " ❑ Office Toilets Cl 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. N� d. How will overboard discharge of sewage from boats be controlled? �t - �1 e. (i) Give the location and number of "No Sewage Discharge" signs proposed. tiA (ii) Give the location and number of "Pumpout Available" signs proposed. NA f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. y/4 g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. _LL/X i. Give the location of fuel -handling facilities, and describe the safely measures planned to protect area water quality. ti4 j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? A I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the madna/docking facility proposed within a primary or secondary nursery area? ❑Yes JZNo 252-808-2808 :: 1.888.4RCOA8T :: wvvw.nccoastalmanagement.net \., DCM WILMINGTON, NO Nov 18 2016 revised: 12/27/06 w Form DCM MP-4 (structures, Page 3 of 4) 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 ❑S13 RECEIVED ❑WL .None JAN 0 5 2017 p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes Mo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. DCM- MHD CITY 3. BOATHOUSE (including covered lifts) ;¢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 driplina dimensions. _ 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) PSThis section not applicable J a. (i) Number _ (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 54This secdon'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 XThis 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. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) DCM RECEIVEDINN, NC qjV 18 2016 252.808-2808 :: 1.888-4RCOAST :: www.nccoastalmanasrsment.net revised: 12/27/06 Form DC'M MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines la �) d- l' Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body e. (i) Will navigational aids be required as a result of the project? []Yes JZNo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. ' > No d. Water depth at waterward end of structure at NLW or NWL New RECEIVED JAN 0 5 2017 MHD CITE` XThis section not applicable a. Give complete description: /0%) /l4- Dat Project Name t fh d--.r��..e. Applicant Name Applicant Signature 0 DCM RECEIVED GTON, NC NOV 18 2016 252-808-2808 :: 1-888-4RCOAST :: wwrw.nccoastatmana ement.net revised: 12127/06 Form DCM MP-2 Li (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 DUrpbse of proposed excavation and/or fill activities. All values should be given in feet. Other Access Rock (excluding Channel Canal Boat Basin Boat Ramp Rock Groin Breakwater shoreline (NLW or stabilization)f NWL Length S Width Avg. Existing 1: t' NA NA Depth 2 Final Project I . NA NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated: cubic yards - - eo Sa % 1 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 ($Bh'or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL. 211one..,..RECEIVED (if) Describe the purpose of the excavation In these areas: rQ�a.a 6rec�-arct5 JAN 05 2017 2. DISPOSAL OF EXCAVATED MATERIAL u """`°"°" a. Location of disposal area. t�PaNc 2oi dtita _GJr131f�s i;1l. r6c - c. (i) Do you claim title to disposal area? ❑Yes &No ❑NA (if) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑S8 _ OWL SNone (ii) Describe the purpose of disposal in these areas: b. Dimensions of disposal area. d. (i) Willa disposal area be available for future maintenance? JKYes ❑No DNA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ($No DNA (ii) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, N4 3. SHORELINE STABILIZATION his section not applicable (if development is a wood groin, use MP-4 — Structures) . a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑BreakwaterlSill ❑Other. _ Width: C. Average distance waterward of NHW or NWL d. Maximum distance waterward of NHW or NW L. e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Silt. Other_ i. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a- (i) Will rill material be brought to the sii If yes, (ii) Amount of material to be placed in the water _ (iii) Dimensions of fill area - -(v) Purpose of fill f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (i) If yes, state amount of erosion and source of erosion amount Information. h. Type of fe material. RECEIVED JAN 0 5 2017 —O_Will fill material be placed in coastal wettandstmarsn ti wy 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 fill in these areas: 15. GENERAL J 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, a hydraulic dredge)? c. (1) Will navi afional aids be required as a result of the project? ❑Yes NNo ❑NA (h) If yes, explain what type and how they will be implemented. Date Project Name d. (1) Will wetlands be crossed in transporting equipment to project site? ❑Yes 1&No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. a Applicant Name y L— /zfl Applican gn re. RECEIVED DCM WILMINGTON, NC DEC 0 2 2016 Urods E /`/^tea Q I� 3c I, PATRICK C. BRI5TOW, CERTIFY THAT THI5 PROPERTY WA5 5URV6TD AND MAP DRAWN UNDER MY SUPERVISION: DESCRIPTION A5 5HOWN ON THE FACE OF THI5 PLAT; RATIO OF PREC1510N A5 CALCULATED BY COMPUTER 15 1:10,000+; THAT THE BOUNDAR E5 NOT 5URVEYED ARE 5HOWN BY BROKEN UNE5 PLOTTED FROM NFrIP .%J1ON REFERENCED; THAT THI5 PLAT WAS PREPARED IN ACCORDANCE WITH 'f HE 5TANDARD5 OF PRACTICE FOR LAND 5URVEYING IN NORTH CAROUNA' (21 NCAC 5G. I G04); WITNE55 MY ORIGINAL 51GNATURE, LICEN5URE NUMBER AND 5EAL THI5 22ND DAY OF 5EPTEMBER A.D. 2015. PATRICK C. BR)5TOW N.C. PL5 No. L-4146 --------PIEKHEAD FLOOD FOCAL POINT A5 PER MB 37, PG 361 EBB-- %/ I '1 5UN5ET LAGOON ,` / NHW LINE TABLE LINE LENGTH I BEARING L I 39.13t!57&!5!0!3!5'05�*9W 50021' L2 5.90 L3 14.98 CORRIDOR LINES PER f/ RECORDED MAP deedS ea LINE ---------f--a-- FLOATING ! DOCK; RAMP- ! I i NORMAL HIGH WATER 15 FACE OF BULKHEAD i /a t7 �3 SITEry r 7� 0 74 / O � N % Lil C / w'' E s I LOCATION MAP NOT TO 5CALE SURVEY REFERENCE MAP BOOKS PAGE 127 MAP BOOK 37 PAGE 361 DEED BOOK 5697 PAGE 2796 NOTE: TH15 LOT 15 LOCATED IN ZONE AE (EL 14) AS PER MAP B 372031 G700 J COMMUNITY ID N 3753G I DATED: APRIL 3, 2006 JJ �� 4A 2" 0. tL2L3 GAZEBO / PI / gg k� L •T 580°41 '00"W G0.00' : 123" PRE5UMED CORRIDOR LINE5 3YNOT 5HOWN ON RECORDED MAP) 3 , THIS MAP AND FIELD 5URVEY WERE MADE i FOR THE VCW51VE U5E OF THE PERSON, PERSONS, OR ENTITY NAMED IN THE CERTIFICATION HEREON. SAID CCRTIFICATION DOES NOT MUD ORTRAN5PERTO ANY UNNAMED PERSON, PERSONS, rr DN. TY WITHOUT AN EXPRESSED RECCW "•ICATION ` BY THE SURVEYOR NAMING SAID PERSON, PERSONS, OR ENTITY. v z c� o �A Pm �m � Z< Dv z z m in \w U w x 470G� (�+ t LU ` w rr o �hXiS4rrt�.,- ��71t'!/CC•iC �Oio, ��u4. �I o...(C:�.J i_.L ,13 c LU \ o N I, PATRICK C. BRI5TOW, CERTIFY THAT TH15 PROPERTY WA5 5UKVEYED AND MAP DRAWN UNDER MY SUPERVISION: LLI U oz 0E5CRIPTION A5 5HOWN ON THE FACE OF THIS PLAT; RATIO OF PRECISION A5 CALCULATED BY COMPUTER w Q 15 1: 10,000+; THAT THE BOUNDAR)E5 NOT SURVEYED ARE 5HOWN BY BROKEN UNE5 PLOTTED FROM INFIRMATION REFERENCED; THAT TH15 PLAT WAS PREPARED IN ACCORDANCE WITH'THE 5TANDARD5 Of FFKTICE FOR LAND SURVEYING IN NORTH CAROUNR (21 NCAC 56,1604)I WITNE55 MY ORIGINAL SIGNATURE, UCENSURE NUMBER AND 5EAL TH15 22ND DAY OF 5EF EMBER A.D. 2015. FOCAL POINT AS PER PATRICK C. BR15TOW N.L. PL5 No. L-4148 0 EWI S E A L ? 9•ZZ•24I L 41�48�.�,Q+,.03�� ui�8�"������ FLOOD EBB 6 , 1 � 30 ftc ,Sus'c., /-a . 4 41511& rN MB 37, PG 3G I W s E SUNSET LAGOON NHW LINE TABLE LINE LENGTH BEARING LI 39.13 580021'00'W L2 5.90 580°0714"W L3 14.98 578035'50' W CORRIDOR LINES PER rf RECORDED MAP 7 Lli•edS e --PIERHEAD LINE ---------/— a-e-�. f � f FLOATING DOCK; RAMP ' I f NORMAL HIGH WATER 15 ? FACE OF BULKHEAD � f \ Q LOCATION MAP / I t NOT TO SCALE 5URVEY REFERENCE r / f / I MAP BOOK 5 PAGE 127 f / I MAP BOOK 37 PAGE 36 I (\ `y DEED BOOK 5597 PAGE 2796 NOTE: TH15 LOT 15 LOCATED h / ` IN ZONE AE (EL. 14) A5 PER MAP A 372031 G700 J \ / I COMMUNITY ID M 3753G I / I 'y DATED: APRIL3. 2000 / FLOATING DOCK RIGHT AT PIERHEAD LINE �.►"' RAMP 15.I9 ' PRESUMED CORRIDOR LINES 5t1 5.; ti ,���(NOT SHOWN ON RECORDED MAP) (p m �_ Pis MAP AND SURVEY WERE MADE �' ,L PORTHE 51VE ON, M`-"----- j 15.0' I Lot) ON5. OR ENT" E IN PERSONS, OR EFRItt NAMED IN PE CERTIFICATION HEREON. 5AID CERTIFICATION DOES NOT EXPEND OR TRANSFER TO ANY UNNAMED PER50N, PER50N5, (` =NTYIY Z t I WITHOUT AN EXPRESSED RE-MiinCATION BY THE 5URVEYOR NAMING 5AID PERSON. PER5ON5, OR ENTITY. L?_ L3 60.00' j a vk a 5 Coastal Management ENVIRONMENTAL QUALITY February 23, 2017 Mr. James Esinhart 15 Palmetto Drive Wrightsville Beach, NC 28480 Dear Mr. Esinhart: ROY COOPER covanor MICHAEL S. REGAN Seaw-y BRAXTON C. DAVIS Director This letter is in response to your correspondence, which was received by the Division of Coastal Management on December 9, 2016, regarding your concerns about the proposed development by Susan Lamy, at 9 Bermuda Drive, adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County. The proposed project consisted of the installation of a boatlift and excavation at an existing 2 slip docking facility. While the excavation has been determined to comply with the Rules of the Coastal Resources Commission, due to the absence of your waiver to the 15' setback, a permit condition was included to omit authorization of the boatlift, in accordance with 15A NCAC 07H .0208(b)(6)(1). I have enclosed a copy of the permit. Please note Condition No.1. If you still wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The. Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. Please contact me at (910) 796-7302 if you would like me to send you the applicable forms and instructions that must be filed prior to that deadline or if you have any additional questions. Alternatively, the forms can also be found on our website. Respectfully yours, A..4-11UA (� * r Coats Assistant Major Permits Coordinator RECEIVED Cc: Wilmington Files Morehead Files FEB 2 8 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 9107967215 N� Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Susan Lamy DATE: 2/21/17 ROY COOPER Gc MTioI, MICHAEL S. REGAN secretory BRAXTON C. DAVIS Df e A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to install a boat lift and new excavation around an existing 2-slip private docking facility within Lee's Cut in Wrightsville Beach. Pilling for the boat lift were previously installed so the only the boat lift assembly needs to he installed. The current depths in around the slips and floating dock are -0.5ft to -3.3ft at Normal Low Water (NLW) and the applicant proposed to dredge this area to a depth of -4ft at NLW. This will result in impacts to 1113 square feet of shallow estuarine bottom habitat and the removal of 175 cubic yards of material. In order to protect fish and shellfish during the peak season of biological activity it is recommended that this project adhere to an in -water work moratorium for the proposed excavation from April 1 — September 30. This should reduce the potential for negative impacts to the fisheries resource in the project area due to increase turbidity, entrainment or burial that could result during the excavation. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. RECEIVED FEB 2 8 2017 DCM- MHD CITY State of North Carollm = Em1ronmetea1 Quality "Coastal Matu9em it Washington OfTice 943 WasNngtm Square Mall Washington. North Camhna 27889 2529466481 N;C Coastal Management ENVIRONMENTAL QUALITY February 21, 2017 Coastal Marine Construction c/o Mr. Jimmy North 6314 Wrightsville Ave. Wilmington, NC 28403 Dear Mr. North: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director This letter is with reference to your application for a Coastal Area Management Act Major Development permit, acting as agent for Susan Lamy, to undertake development activities at property adjacent to Lee's Cut, at 9 Bermuda Drive, in Wrightsville Beach, New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make May 8, 2017, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. Sincerely, Heather Coats Assistant Major Permits Coordinator cc: Wilmington/MHC Files State of North Carolina I Envtronmemal Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 252 8082808 RECEIVED FEB 2 8 2017 DCM- MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD I) APPLICANT: Susan Lamy COUNTY: New Hanover PROJECT NAME: Lamy Dock Expansion & Excavation LOCATION OF PROJECT: 9 Bermuda Dr., adjacent to Lees Cut, in WrightsvUle Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD:12-9-16 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Tara MacPherson DISTRICT MANAGER REVIEW: y. X - - B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D:16 17 ✓ Fs arlr ofmZ.r ADJ. RIP. PROP NOTICES RECD: r,w yrr GC 11(U APPLICATION ASSIGNS TO• C) 75 DAY DEADLINE: MAIL OUT DATE:1-3-17 FEDERAL DUE DATE: 141 RECEIVED JAN 0 5 2017 To Be Forwarded: To Be Forwarded: n/a DCM- MHD CITY DISTRICT OFFICE: WILMINGTON FEE RECD: $400 / #21209 / END OF NOTICE DATE: 1-27-17 DEED REC'D: ON: e I 150 DAY DEADLINE: STATE DUE DATE: 1-27-17 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY Ov�recrwa �iNti>�� DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 1�0 Coastal Management - LUP Consistency Z J�Jlq✓ Division of Community Assistance j ✓ Land Quality Section (DEMLR) , q Division of Water Resources (401) 1 i 1 / Ua 101 _7 00 S2 Storm Water Management (DEMLR) I Z4 17 ✓ State Property Office 1 LA 17 Division of Archives & History Division of Environmental Health I 17 i Division of Highways 1 1 \ \7 Wildlife Resources Commission I Z 1-7 Local Permit Office Zd 17 Division of Marine Fisheries / DCM 1 \ 3 I j ✓ Corps of Engineers 2 ,/ &pg,�NW3S ISS. 1 31 fqw-11-�01 72 RECOMMENDATIONS FOR Susan Lamy 12/30/2016 The total area of floating dock and platform was calculated as follows: Shoreline length = 60 ft. x 8 ft. = 480 sq. ft. allowable Existing covered platform = 16 ft. x 16 ft. = 256 sq. ft. (160 sq. ft. counted due to access credit) Existing floating dock = 22 ft. x 7 ft. = 154 sq. ft. Proposed boatlift = 13 ft. x 14 ft. = 182 sq. ft. (not counted) Total = 314 sq. ft. The docking facility would provide docking space for up to two (2) vessels at this location. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(1), however it is not consistent with the use standards set forth in NCAC 07H .0208(b)(6)(1) due to the failure to obtain a waiver for the encroachment into the 15 ft. riparian setback from the adjacent property owners area of riparian access. If the excavation portion of the project is determined to be consistent with NCAC 07H .0208(b) and (1), it is recommended that any permit issued should include standard permit conditions for new excavation and a specific condition omitting the proposed boatlift unless a waiver is obtained. RECEIVED JAN 0 5 2017 DCM- MHD CITY "© MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, usan Lamy, Wrightsville Beach — New Hanover County Date: February 10, 2017 Consistency Determination: The applicant proposes to install a boatlift and conduct new excavation at an existing two (2) slip private docking facility within Lee's Cut. the project is located at 9 Bermuda Drive in Wrightsville Beach, New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2005 Town of Wrightsville Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation. In general, the Town of Wrightsville Beach allows development in Conservation/Resource Protection classified AECs which is consistent with the State's minimum use standards. The Town of Wrightsville Beach Land Use Plan contains some policies, which exceed the State's minimum use standards including those for piers and marinas. However, none of these more restrictive policies seem to be applicable to this project. This project is consistent with the 2005 Town of Wrightsville Beach Land Use Plan. Cc: File Coastal Management ENVIRONMENTAL QUALITY January 3, 2017 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office PAT MCCRORY Govemor 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. coats(a),ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Lamy Project Location: 9 Bermuda Dr., adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 27, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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" X 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 Y'� 01tx (, Q� r �'+� DATED i 15- 1 ? State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve En., Wilmington, NC 28405 910-7%-7215 Coastal Management ENVIRONMENTAL QUALITY January 3, 2017 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office PAT MCCRORY Governor DONALD R. VAN DER VAART Secmrary BRAXTON DAVIS Direcror FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatso),ncdenr.W Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Susan Lamy Project Location: 9 Bermuda Dr.; adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 27, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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** —zThis 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 ����' �ti Q (%_ DATED /�% RECEIVEu DCM WILMIINGTON, NC State ofNoM Carolina I Environmental Quality I Coastal Management AN O , 2017 127 Cardinal Dim Ext., Wilmington, NC 28405 910-796-7215 M NC_ Coastal Management ENVIRONMENTAL QUALITY January 3, 2017 TO: Robb Mairs 401 Wetlands DWR-WiRO PAT MCCRORY Govemor DONALD R. VAN DER VAART RECavED/NCDENR/DWR secretary JAN 0,8 Zp» Water quality Regional wit. minera�lons Section gt Regional Office BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., WiIm.,.NG 2$405.heathercoatsla�ncdenrQov Fax: 395-3964 Courier04-1&33 SUBJECT: CAMA/ Dredge & Fill Application Review Applicant: Susan Lamy Project Location: 9 Bermuda Dr., adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New. Hanover County. Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility _ Please indicate below your agency's position or viewpoint.olt the proposed project and ireturn this form to er HeathCoats7at the address above.49 January 27, 2017. If you have any questions regarding the proposed project, contact; Tara. MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is re466sted. REPLY: ,T is agency has no objection to (i$;`projeot as proposed. /Additional comments may beat q ed"` This agency has no comment 6611, e:proposed project. CC/o G'vtt^r'� hGt r This agency approves of the project only if the recommended changes are incorporated. See attached. r• This agency objects to the project fq'r reasons described in the attached comments. SIGNED DATED cL�� . ece ved JAN 2 7 2017 State ofNonh Carolina I Environmental Quality I Coastal Management DCM ! l 127 Cardinal Mve Ext, Wilmington, NC 28405 910-796-7215 PAT MCCRORY x Gavemor DENR%DWR R. VAN DER vAART RECEIVED/NC Secremry Coastal Management JAN 7 BRAXTON DAVIS ENVIRONMENTAL QUALITY oi8 Duvaor Water Quality Regional January 3, 2017 Operations Section Wilmington Regional Office TO: Robb Mairs 401 Wetlands DWR-WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext._Wilm., NC 20405 heather coats(Wncdenr. gov Fax: 395-3964 Courier 0416-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Lamy Project Location: 9 Bermuda Dr, adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility I. 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 27, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: ,T. is agency has no objection to Vie'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. �J This agency objects to the project for reasons described in the attached comments. SIGNED DATED RECEIVED DCM WILMINGTON, NC Stale of Nonh Carolina I Enm vuonenfRl Quality Coastal Management JAN 3.0 207 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796.7213 ROY COOPER �:�; Governor MICHAEL S. REGAN Secretary Water Resources S. JAY 2DEWERMAN Environmental Quality Director January 27, 2017 DWR Project q 20170052 1�r�i q Ne Ha o ,er n ty jy Susan Lamy 9 Bermuda Drive Wrightsville Beach, NC 29480 f� I Subject Property: 9 Bermuda Drive, Wrightsville Beach, Newlianover h'b`untq 2 No Written Concurrence Needed Dear Ms. Lamy: You have our approval, in accordance with the attached conditions and those listed below to expand an existing docking facility and perform excavation within Sunset Lagoon, as described in your CAMA application dated October 20, 2016 and received by the Division of Water Resources (DWR) on January 3, 2017. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit 198700056 and Nationwide 35 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed Impacts or to conduct Impacts to waters as depicted in your application shall expire upon expiration of the General Permits or LAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). RECEIVED !`-^Nothing Compares'=,,. DCM WILMINGTON, NC Stale of North Carolina I Environmental Quality r 127 CardinalDrive Extension Wilmington, North Cmoline 28405 JAN 3 0 Lull 910-796-7215 Lamy DWR Permit JJ 20170052 January 27, 2017 Page 2 of 4 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit (15A NCAC 02H .0501 and .05021. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nepheiometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 211..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 930.796.7215 4. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative Impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)1 5. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy.of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 021-1.0567 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response Center at 1.800.424.8802. Management of such spills shall comply with provisions of the North Carolina.Oii Pollution and Hazardous Substances Control Act. 115A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B. 0200 (3)(f), and GS 143 Article 21 A]. 8. Fueling, lubrication and general equipment maintenance should .not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 9. This General Certificationshall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. Lamy DWR Permit # 20170052 January 27, 2017 Page 3 of 4 Continuing Com Dliance: 10. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 11. Certificate of Completion The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion. Mail to: NCDEQ DWR 401 and Buffers Unit North Carolina Division.of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of completion is available at: http://Portal.ncdenr.org/web/wq/swp/ws1401/certsandpermits/aooly/forms). [15A NCAC 02H .0506(b)(5)] 12. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours (15A NCAC 02H .0502 (e)). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you mustfile apetition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the.petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The.mailing address for the Office of Administrative Hearings is: . Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the.petition must also be served on DEQ as follows: La my DWR Permit N 20170052 January 27, 2017 Page 4 of 4 Sam M. Hayes, General Counsel Department of. Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition Is filed, this certification and its conditions are final and binding This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone me in the DWR Wilmington Regional Office at 910.796.7427 or by e-mail robb.mairs@ncdenr.aov. Sincerely, Robb Mairs Environmental Senior Specialist Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office — electronic copy DWR 401 Wetlands and Buffers Unit-LF Heather Coats - DCM Wilmington— electronic copy Jimmy North —agent- electronic copy WiRO Water Quality Certification No. 3900 CAMA PERMIT CERTIFICATION Water Quality Certification Number 3900 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95 217 of the. United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 16A NGAC 02H .0500 and 15A NCAC 0213.0200 forthe'discharge of fill material to waters and wetland areas as described in Genera! Permits 198000291, 198000048, 198700656, 197800080, 197800125, and 199200277, Nationwide Permits 3, 12, 13, 14, 18, 27, 29,'33, 35, 39, and 43, and for the. Riparian Area Protection. Rules (Buffer Rules) in 15A NCAC.02B.0200. The State of North Carolina certifies that the specified category of activity will not violate. applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92400 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Activities meeting any one (1) of thefollowing thresholds or clrcumstaoces require written Approval for a 401 Water Quality Certification from the bivision of Water Quality (the "bivision"): a) Activities authorized by CAMA major permits, except: i. Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands may not i exceed 100. square feet; ii. Shoreline protection measures that be into existing.buikheads; land or other }. shoreline protection.measures or do not extend waterward of the normal high water _._.. _.. ...-..__.._ ._.__line or•normal.waterlevel-more than..1:0_feet.provided_that,the-activity_wili.not-- ._..._. .__...__ i involve the excavation. or filling of any SAV or significant shellfish resources as - Identified by the division of f Marine Fisheries and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands may not exceed 100 square feet; iii. Piers and docks designed to accommodste up to but not exceeding.10 vessels (except where prohibited. in ORW Waters as defined in 15A NCAC 02B.0225(7)8(8))' and where the water depth is equal to;or greater than two feet of water at normal low water level or normal water 'level (whichever is -applicable); iv, Mainteffance dredging of less than 0.5.acres of open water or non -vegetated wattands.provided that the applicant can provide documentation showing the historicdimensions of the dredged channel, and no Submerged Aquatic Vegetation or shellfish .beds are excavated or filled; V. Projects that Involve only shading of waters or wetlands; vi. Utilit'y lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as .Long'as wetland orwater impacts are temporary; vii. Upland development which involves no more than 1110 of an acre of excavation or filling of non -coastal wetlands, with the exception than no more than 2,000 square I feet.of the non -coastal excavation or'filling may take place within. a Coastal Shoreline Area:of Environmental Concern (AEC), Forthe purposes of this area calculation, the excavation or filling impacts of the entire project must be considered. which may include boat ramps, bulkheads`or other shoreline Water Quality Certification No. 3900 Water Quality Certification No. 3900 stabilization measures. The applicant must comply with all applicable coastal stormwater rules; viii. Single family home construction that results in fill of404 wetlands as long as written concurrence is not required from DWQ for the applicable Corps of Engineers Nationwide Permit; or b) .Any stream relocation; or c) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B ,0200); or d) Any impacts to streams and/or buffers in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless the activities are listed as °EXEMPT'.from these rules or a Buffer Authorization Certificate is Issued through N.C. Division of Coastal Management (DCM) delegation for "ALLOWABLE" activities. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities included In this General Certification that do not meet one of. the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. Activities authorized by Coastal Area Management Act (CAMA)'General Permits do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot bemet, then written approval from the Division Is required. Conditions of Certification: 1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certiticatton No waste, spoil, Wilds, or fill of any kind shall occur in wetlands, waters, or riparian areas beydnd`thefootptirifof-If impacts depicted In the Pt"onstruction Notification as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no Violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are Incorporated by reference and are enforceable parts of this permit. 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation -and maintenance of such Best. Management practices and if applicable, comply with the specific conditions and requirements.of the: NPDES Construction Stormwater Permit issued to the site: a) Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the !North Carolina Sediment and Erosion Control Manuel. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. Water Quality Certification No. 3900 Water Quality Certification No. 3900 b) For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c) Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d) Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-ll, High Quality (HQW), or Outstanding -Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dls-equilibrium ofwetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the i date that the Division of Land Resources (DLR) or locally delegated 'program has released the specific area within the project 4. Construction Stormwater Permit NCGO10000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater:lo be discharged during land disturbing construction activities as stipulated in the condition's of the permit. If your project this,.pe(mlt full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements Is required, A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at htip'H/ ott6l.ncddnr.org/web/Wa/wslsulnpdessWMab- The North Carolina Department of Transportation (NCDOT) shall be required to be.in full compliance with the conditions related to construction activities within the, most recent version of their individual NPDES (NCS000250) stormwater permit. 5. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), than biological monitoring may,be'required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the.NC Wildlife Resources - Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be Implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Water Quality Certification No. 3900 Water Quality Certification No. 3900 Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened.soecies habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 6. Dredging shall not cause Shellfish Closures The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation and the Division of Water Quality must be notified if this is to occur. 7. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in.contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. 8. Riparian Area Protection (Buffer) Rules Activities located in. the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse. Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259, .0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices, All buffer rule requirements, including diffuse flow requirements, must be met. 9. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/ fish kills. 10. Compensatory Mitigation In accordance with 15A NCAC 02H .G506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feat of streams (intermittent. and perennial) and/or equal to or greater than one (1) acre of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as "Allowable with Mitigation" or "Prohibited" within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and/or Regional General Permit. . Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory . mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan. must be implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an In -lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. Water Quality Certification No. 3900 4 Water Quaiity Certification No. 3900 11. Placement of Culverts and Other Structures in Waters and Wetlands Culverts required, for this project shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters and streams must be below the elevation of the streambed by one -foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48 Inches, to allow low flow passage of water and aquatic life. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/ connectivity has been provided when possible (rock ladders, crossvanes, etc). Notification to the Division including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations shall be provided to the Division 60 days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification to the Division including supporting documentation such as, but not limited to, a location map of the culvert, geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60 days prior to the installation of the culvert If bedrock is discovered during construction, then the Division shall be notified by phone or email within 24 hours of discovery. I If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application submittal to, and written approval by, the Division of Water Quality, regardless of the total impacts to streams or wetlands from the project. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water orflood conditions. Additionally, when roadways, causeways, or other fill -projects are constructed across FEfviA=desigrfafe ' floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. 12. All temporary rill and culverts shall be removed and the impacted area returned to natural conditions within 60 days of the determination that the temporary'impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form. pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except for the approved maintenance areas) and restored to prevent erosion. 13. All temporary pipes/ culverts/ riprap pads etc,_ shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual so as not,to restrict stream flow or cause dis-equilibrium during use of this General Certification, Water Quality Certification No. 3900 Water Quality Certification No. 3900 14, Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall buried and/or °keyed in" such that the original stream elevation and streambank.contours are restored and maintained. Placement of rip -rap or other approved materials shall not result In de -stabilization of the stream bed or banks upstream or downstream of the area. 15. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in speck areas required for velocity control and to ensure structural integrity of bank stabilization measures. 16. If this Water Quality Certification is used to access building sites, then all lots owned by the applicant must be buildable without additional impacts to streams or wetlands. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters, or buffers if required to do so in writing by the Division. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. 17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters, and protective buffers within the project boundaries in order to assure compliance for future wetland, water, and buffer impact. 'These mechanisms shall be put in place at the time of recording of the property or of individual lots whichever is appropriate. A sample deed notification can be downloaded from the Division's web site at htto'/lportal.ncdencorgfweblwo/swp/ws/4011certsandoermits/aoolvlforms. Thetextofthe sample deed notificatioh may be modified as appropriate to suit to a specific project. Documentation of deed notifications shall be provided to the Division upon request. 18. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) Is issued by the State Clearinghouse. 19. In the twenty (20)coasCal-oounfies, tfie'appropriate DWQ Regional Office-'musttie ooritacCetl to determine if Coastal Stormwater Regulations will be required. 20. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 21. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (Including any requirements resulting from compliance with §303(d) of the .Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, Including failure to sustain a designated or achieved use;. or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 22. When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications; the applicant -shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 23. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Water Quality Certification No. 3900 6 Water Quality Certification No. 3900 Certification in order to ensure compliance with all applicable water quality and effluent standards. 24. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of Issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General. Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2012 DIVISION OF WATER QUALITY By 4. Charles Wakild, P.E. Director HistoryNote: Water Quality Certification (WQC) Number 3900 issued March 19, 2012 replaces WQC Number 3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000; WQC Number 3112 issued February 11, 1997; and WQC Number 3025 issued September 6, 1995. This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3900 7 Vm- PAT MCCRORY Govemor !,a ECEIVE ONALD R. VAN DER VAART Secrclary CoastalMana Management JAN 03 2017 9P BRAXTON DAVIS Diw mr ENVIRONMENTAL QUALITY Q I BY: January 3, 2017 TO: Georgette Scott Stormwater Section DEMLR - WiRO F M: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenr4ov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Lamy Project Location: 9 Bermuda Dr, adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 27, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: his 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 DOM WILM NIGTON, NO JAN 2 4 2017 State of Nonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY April 20, 2017 Ms. Susan Lamy 9 Bermuda Drive Wrightsville Beach, NC 28480 Subject: EXEMPTION Stormwater Project No. SW8170120 Lamy Docking Facility Project New Hanover County Dear Ms. Lamy: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director On January 3, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on January 20, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 5A 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, ,��� ,sue For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDSlgds: \\\Stormwater\Permits & Projects\2017 \170120 Exemption\2017 04 permit 170120 cc: Coastal Marine Construction New Hanover County Building Inspections Tara MacPherson/Shaun Simpson-DCM WIRO R EC E IN E C DCM Morehead City Wilmington Regional Office Stormwater File MAY 01 2017 DCM- R. HD CITY State of North CaroOna I Environmental Qua11ry I Energy. Mineral and Land Resources wilmington Regional ofike 1 127 Cardinal Drive Extension I Wilmington. NC 28405 910 796 7215 Coastal Management ENVIRONMENTAL QUALITY January 3, 2017 TO: JAN 0 6 2017 Tim Walton Dept of Administration State Property Office 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. coatsaC .ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Lamy Project Location: 9 Bermuda Dr, adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 27, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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** Zhis 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 C-� DATED ACM WILM NIGTON, NC JAN 2 6 20171 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drum Ext., Wilmington, NC 29405 910-796-7215 PAT MCCRORY t � (�wrmor JAN O6 2017 D NALD R. VAN DER VAART F$FRVAT1040'rFICE Coastal Management HVSTORVGPR- ` BRAXTON DAVIS ENVIRONMENTAL ALITV January 3, 2017 b' li _ 0047 TO, Renee Gledhill -Early 111 I Dept. of Cultural Resources A' 6,, Archives & History NL VFf FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm , NC 28405 heathercoats((Qncdencgov Fax! 395-3964 (Courier 04-16-33) SUBJECT CAMA/Dredge & Fill Application Review l tIJ3)I} Applicant: Susan Lamy Project Location: 9 Bermuda Dr., adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to HeaMer Coats at the address above by January 27, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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 '�9hi�N_ DATED I. 11-4 - I__'� FREC'.'IVED DCMWILMINGTON, NC Slats of NMh ('Minn 1 F:mi.RW %NW!"Y I COMM Migoa mH "� ,� 127 Cardinal D. FW , Wilmiapm, NC 2W5 9W9&921 i W Coastal Management ENVIRONMENTAL QUALITY January 3, 2017 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section 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. coats(c)-ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Lamy Project Location: 9 Bermuda Dr., adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 27, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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. SIGNE DATED fC [,,d„tll e.-L `f Q 44ki VL Received 1AN 0 9 1017 State of North Carolina I Environmental Quality I Coastal Management Df 127 Cardinal Drive Ext., Wilmington, NC 28405 V 910-796-7215 VI/ RBCE1*D �� DEC 0 6 2016 NCDOT Coastal Management DISTpjCT 3 ENVIRONMENTAL QUALITY January 3, 2017 TO: Ben Hughes NC Dept. of Transportation NH Co. & BR Co. PAT MCCRORY Govemar 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. coats(a).ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Susan Lamy Project Location: 9 Bermuda Dr., adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 27, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ✓ DATED RECEIVED DW WIL7MINGgTON, N1C State of North Carolina I Environmental Quality I Coastal Management J AN 11 2017 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY �-.19. DI. 0(,.O5 January 3, 2017 TO: Maria Dunn NC Wildlife Resources Commission For WiRO PAT MCCRORY Governor DONALD R. VAN DER VAART .Secrelary BRAXTON DAVIS Dimclor JpN 2011 tian pmalam FROM: Heather Coats, Assistant Major Permits Coordinator 66 IC NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatso).ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Susan Lamy Project Location: 9 Bermuda Dr, adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 27, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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 0 RFCFIVED oCM WILMING ON, NC State of North Carolina I Environmental Quality I Coastal Management JAN 12 2011 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY January 3, 2017 TO: Zach Steffey Local Permit Officer Town of Wrightsville Beach PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS D,recror FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Susan Lamy Project Location: 9 Bermuda Dr., adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 27, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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 { 4Z (1 RECEIVED DCM WILMINGTON. NC J!,%N 2 C, 2017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 r 7�L O1'er !"tAcAG ire (t'd� vl eor(s FD �c Coi << J.A /✓o pin l o F f I S'1 �.� G�✓� Coi' 2Y Ca vdt �-L'� �lPr he..A�inC. P /A o() - t' o ...F r i DCM RECEIVED ON, NC JAN 2 0 2017 ' ,JUScN Li aet. cT f If 30' e¢ I, PATRICK C. BRISTOW. CERTIFY THAT THIS PROPERTY WA5 51JRVEYED AND MAP DRAWN UNDER MY SUPERVISION: DESCRIPTION AS SHOWN ON THE FACE OF TH15 PLAT; RATIO OF PRECISION AS CALCULATED BY COMPUTER ' 17/ 15 1:10,000+; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN BY BROKEN UNE5 PLOTTED FROM z �3 SI TE " INFORMATION REFERENCED; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH °THE STANDARDS OF / / PRACTICE FOR LAND SURVEYING IN NORTH CAROUNA' (2l NCAC 5G, I G04); MTNE55 MY ORIGINAL 51GNATUU. 74 LICEN5URE NUMBER AND SEAL TH15 22ND DAY OF SEPTEMBER A.D. 2015. FOCAL POINT A5 PER n ry�� TAN C.� ..LJ��. MB 37. PG 3G 1 (S. _ w J ._ \ W' E PATRICK C. BRI5TOW N.C. Ply No. L-4148 FLOOD EBB G 1` // i SUNSET LAGOON r i LOCATION MAP "��a�Tuun„r� -S k..,� / I Z NOT T05CALE `� �qCAROB &,.•••., / .�� • .� j /� I �+ s lotto SURVEY REFERENCE Y' l / Y > MAP BOOK 5 PAGE 127 S E A L 9.22•zei�' a '• L 4148 ' 3? Cnniletli"````• ✓ / v ' I i 0 � o MAP BOOK 37 PAGE 3G I ✓ / / + 4 I (\ N DEED BOOK 5897 PAGE 279G NOTE: THIS LOT IB LOCATED IN ZONE AE (EL,14) A5 PER MAP N 372031 G700 J COMMUNITY ID N 3753G 1 DATED: APRIL 3, 2000 CORRIDOR LINES PER /! / FLOATING DOCK RIGHT RECORDED MAP / / 4x I Qf2c�s2 AT PIERHEAD LINE ! r /�9 IT~rafG� GC.-{�iF*i�i PIERHEAD LINE----____1 rea Il�ns�i FLOATING ' DOCK r 51 `� 1 1 ✓ 1 ""� PRESUMED CORRIDOR LINES ® RA,MP ' / _ _jMP 15 I ` 1`�NOT SHOWN ON RECORDED MAP) m TH15 MAP AND FIELD 5URVEY WERE MADE L-TTI / �/Q �- - �•,.-(YM[,W 1 FOR THE FXCWSIVE U5E OF THE FUSON. 1 PERSONS, OR ENTITY NAMED IN THE Zm .PIER /^�• 15,0'ICO Ln ` OOPS NOTD"NO ORTRANSFERTO IFICAT ON 0 ' UNNAMED PERSON, PERSONS, OP NTITY z NORMAL HIGH WATER IS / GAZEBO I Z 1 WITHOUT nsE o we Sao r lFRsoN" FACE OF BULKHEAD / PIER I FERSON5, OR ENTITY. r I, t _ _ ✓ ! LI L?_ L3 r--< .,_ , M NHW LINE TABLE LINE LENGTH BEARING LI 39.13 580021'00'W L2 5.90 58000714"W L3 14.98 57803550"W ^VI [Lq CoostatManggement ENNINONMENT"l O VA�IT V January 3, 2017 TO: RECEIVEp JAN 0.6 2017 ()CM-riSherlee WARo Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City PAT MCCRORY .. Govafror DONALD R. VAN DER VAART seaefory BRAXTON DAVIS D(ecf RECEIVED JAN 0 5 2017 DCM- MHD CITY FROM: Heather Coats; Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats&-nodenr clov Fax: 395-3964 Courier 04-f8-33 SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Susan Lamy. Project Location: 9 Bermuda Dr., adjacent to Lees Cut & Greenville Sound, in.Wrightsville Beach, New Hanover County. Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility . Please indicate below your agency's position or viewpoint on the proposed project and ketum this form toHeatherCoats at the address above by January 27, 2017. if you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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" ZThis 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/7//7 Received jAN 13 2017 State ofNorth Caroliop I Its mammlgl Quality I Comael Mmsgemeat 127 Cardinal Driw &xt., Wilatiagtoa, NC 28405 p� 910.796.7215 DIGM Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Govemor DONALD R. VAN DER VAART .Secretary BRAXTON DAVIS DGeclor January 3, 2017 n TO: Heidi Cox u/n/U�f/J Jq��o�� Assistant Regional Engineering Supervisor Ory/ . 03 Public Water Supply-WiRO 119R� n flyal 70�% ub efh 41, FROM: Heather Coats, Assistant Major Permits Coordinator �wNO"?, On NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(d)ncdenr_go v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Susan Lamy Project Location: 9 Bermuda Dr., adjacent to Lees Cut & Greenville Sound, in Wrightsville Beach, New Hanover County Proposed Project: to install a boat lift and conduct new excavation at an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 27, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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. (r I SIGNED All ZL- lX.� DATED � q 117 RECEIVED DCM WILMINGTON, NC JAN 0 5 2017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 Of U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-00172 County: NEW HANOVER U.S.G.S. Quad: WRIGHTSVILLE BEACH GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC: Location description: MS. SUSAN H. LAMY 9 BERMUDA DRIVE WRIGHTSVILLE BEACH, NC 28480 336-269-6358 0.007 acres LEE'S CUT 03020302 Nearest Town: WRIGHTSVILLE BEACH River Basin: GREENVILLE SOUND? Coordinates Latitude; 34.2185 Longitude:-77.78925 Description of projects area and activity: The project site is off US Hwy 74/76 to Wrightsville Beach, on Bermuda Drive. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Sections 10 (Rivers and Harbors Act, 33. USC403) Authorization: Regional General Permit Number or Nationwide Permit Number: RGP56 & NW35 SEE ATTACHED RGP or IVWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 31-January, 2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verificationwill remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management, 127 N. Cardinal Drive, Wilmington, NC 28405, or at 910-796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Mr.ryler A. Crumble h : 910-251-4170 or by email at: t lei crumble ace.arm .mil.ED Corps Regulatory Official: Date: 31-January, 2017 DCM WILMINGTON, NC Expiration Date of Verification: 18 arch, 2017 FEB 0 2 2017 FOLDER DA NUMBER: SAw-2017-00167 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. Copy furnished: Agent: Coastal Marine Construction Attu: Mr. Jimmy North Address: 6314 Wrightsville Beach, North Carolina 28480 Telephone Number: 336-269-635a Action ID Number: SAW-2017-00167 Permittee: . MS. SUSAN H. LAMY Project Name: 9 BERMUDA DRIVE/LAMY Date Verification Issued: 31-JANUARY, 2017 Project Manager: MR. TYLER A. CRUMBLE County: #NEW HANOVER Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: MR. TYLER A. CRUMBLEY 69 DARLINGTON AVE WILMINGTON, NORTH CAROLINA 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revolting the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date S> man tea'. _ - _ .vte-• a - Applicant-, MS. SUSAN H. LAMY File Number: SAW-2017-00167 Date: 31-JANUj�-2017 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D HI PRELIMINARY JURISDICTIONAL DETERMINATION E S CT101�I t; 0-Wallow tlejd_ e3 es xour xtgl s ncLopt o ts� e arpdtngai a� tuts rl �ttue}�ppe l � iEt Qve dectslon 5 az e- is r- '� s.,T z ram✓' !'^ -€ s..,, a " > > ti, Add14Ptt'ia�nf9tmagonmayfie.#ouudatrhttptlwwyvusaca?antt�mt171vStssto�isf�tVilWoi'ksFRa�ulatotyRco ramandPerautcl2s xx,� A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section Il of this form and sending the farm to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELE IINARX JURISDICTIONAL DETERMINATION: You,do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record,) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Mr. Tyler A. Crumbley, Project Manager 69 Darlington Avenue Wilmington, North Carolina 28403 PH#: 910-251-4170 questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1 OMl5 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: or For appeals on Initial Proffered Permits send this form to: number: District Engineer, Wilmington Regulatory Division, Attn: Mr. Tyler A. Crumbley, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send tills form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1 OM 15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 2� DIVISION OF COASTAL MANAGEMENT R L yC" E I V E D FIELD INVESTIGATION REPORT JAN 0 5 2017 I. APPLICANT'S NAME: Susan Lamy c/o Jimmy North DCM- MHD CITY 2. LOCATION OF PROJECT SITE: Site is located at 9 Bermuda Drive adjacent to Lees Cut/Greenville Sound, Wrightsville Beach, New Hanover County. Photo Index — 2006: 24-7411 L,M-11 2000:24-308 L-14 Lat:34°13'07.34"N Long:77°47'20.68"W 3. INVESTIGATION TYPE: CAMA /D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/15/16 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 11/18/16 Complete-- 12/9/16 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Town of Wrightsville Beach Land Classification From LUP — Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Single-family residence, bulkhead and private docking facility Planned- Boatlift installation and excavation (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (§404) (B) Non -Vegetated Wetlands (Open 1113 sq. ft. Water) (excavation) 182 sq. ft. (incorporated) (C) Other - Highground disturbance (D) Total Area Disturbed: 1295 sq. ft. (0.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: NO 8. PROJECT SUMMARY: The applicant proposes to install a boatlift and conduct new excavation at an existing two (2) slip private docking facility within Lee's Cut. k(N Susan Lamy Page 2 RECEIVED 9. PROJECT DESCRIPTION JAN 0 5 2017 The project site is located at 9 Bermuda Drive in the Town of Wrightsville Beach, adjaceB t� ft&eMQrtQb1Y Hanover County. To locate the project site from the WiRO take US Hwy 74/76 to Wrightsville Beach. Travel across the drawbridge and keep left on West Salisbury Street/US 74. Turn left on North Lumina at the stoplight and travel approximately 0.3 miles to Parmele Blvd. and turn left. Take the first left onto Bermuda Drive. The property of interest will be located on the left. The project site is approximately 6000 sq. ft. in size and the applicant currently maintains a single-family residence. The highground is vegetated primarily with maintained lawn grass and ornamental landscaping. The project site has approximately 60 linear feet of shoreline frontage along Lee's Cut, which is stabilized by a timber bulkhead and Normal High Water (NHW) meets the bulkhead. There are currently no coastal wetlands along the applicant's shoreline. The applicant also maintains a private docking facility, which consists of an access pier, measuring approximately 24 ft. in length by 6 ft. in width, a covered platform, measuring approximately 16 ft. in length by 16 ft. in width, and an access ramp leading to an existing floating dock, measuring approximately 22 ft. in length by 7 ft. in width, running perpendicular to the shoreline. The application states the existing water depths within the existing docking facility range from approximately -0.5 ft. to -3.3 ft. at normal low water (NLW). General Permit No. 61127D was issued on July 15, 2016 for a boatlift on the western side of the floating dock with a waiver of the 15 ft. riparian setback. This permit was modified on September 28, 2016 to replace and expand the existing floating dock and omit the proposed boatlift. The proposed boatlift was not constructed at that time and the new adjacent riparian property owner to the east did not waive the 15 ft. riparian setback. The Town of Wrightsville Beach Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of Lee's Cut/Greenville Sound are classified SIB by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to install a boatlift and conduct new excavation at an existing 2 (two) slip private docking facility within Lee's Cut. The proposed boatlift would be installed on the eastern side of the existing floating dock within the 15 ft. adjacent riparian setback area. The current adjacent property owner has NOT waived the 15 ft. setback. The previous adjacent property owner did waive the setback and a permit was obtained for this development, but pilings for the boatlift were not installed before the property changed hands. The applicant also proposes to excavate approximately 175 cubic yards of material within their riparian corridor in an area averaging approximately 27 ft. in length and 40 ft. in width to a depth of -4 ft. around the existing floating dock within Lee's Cut. This material has been authorized for disposal at the Agnes Beane spoil site adjacent to Motts Channel (see attached email dated November 15, 2016). According to the applicant, existing water depths along the floating dock range from -0.5 ft. to -3.3 ft. at Normal Low Water (NLW) (see Sheets 2-3 of 3). The application states that the water depths at the town pier head line are -4 ft. at NLW and that the that final project depth will not exceed — 4 ft. (see Sheet 3 of 3). 10. ANTICIPATED IMPACTS The proposed boatlift would incorporate approximately 182 sq. ft. of Estuarine Waters and Pubic Trust Area within an existing slip. The proposed new excavation would result in the removal of approximately 175 cubic yards of shallow bottom material within the applicant's riparian corridor to a final project depth of -4 ft. at NLW. The proposed boatlift would not extend farther into the waterbody than the existing floating dock, which currently meets the town pierhead line and the quarter width of the waterbody. The proposed boatlift WOULD encroach into the adjacent 15' Riparian Corridor Setback Area and a waiver has NOT been obtained from the adjacent riparian property owner for the encroachment. The docking facility would accommodate up to two (2) vessels. Minor increases in turbidity should be expected during construction. Submitted by: Tara MacPherson Date December 30, 2016 Office: Wilmington AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION f.M Name of Property Owner Requesting Permit: SuS(3 Mailing Address: Phone Number: Email Address: I certify that I have authorized 336 - &3sV Slrsa vl� �a Kam, CED /Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: '4y at my property located at in L2p,j /jg.�o,)vCounty. l furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature AS � A V)A I, a Print or Type Name T- (� b�D n `e Title lL-t 5 t Date This certification is valid through 9 V?0 RECEIVED JAN 0 5 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO NOV 18 20% �-lzq ve {� *op D fin._ 110 RECEIVED Lo,ht 13"OluJr�- Ur. JAN 05 2017 / I eae�to. 0 / ;-d 0b air Oj , RILMING ON, NC � 19 2tJ16 I E9E5 2hz2 0000 0402 9TO4 9SES 2hL4 0000 OL02 9TOL ■ Complete items 1, 2, and 3. ■ Prim your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space b irc COMPLETEe p A Signature W O Agent > ❑ Addresses B. Received by (printed Name) C. Date of Delivery W Uj o 5u -can C . Es%a Aap U z D. Is delivery address different from ftem 19 ❑ Yes W Q If YES, enter delivery addjilIEED No ry DCM WILMINGTON: NC LL rtc 0 9 2016 II I IIIIII IIII I I I IIIII I II III II II I I I III I III I III 3. Service Type ❑ Mutt Signature ❑ Priority Melt Express® 9590 9402 2341 6225 6441 00 s ❑ Mutt Signature Restricted DeIN�y ° cerured Mail® ❑Registered Mail.R ❑ Registered Mail Reseto[etl ❑ Certified Mail Restricted Delivery Delivery ❑ ReWrn Receipt for 2. Article Number m7m sfer from derv— iebeq - ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Deilvery ° Signature ConfirmaticnTM _ 7016 2070 0000 1742 ❑Induced Mail 5356 estloted Delivery ❑ agnature Confirmation Restricted Delivery PS F6r n , July 201 PSN 7530-W D..gD63 Dorrtestb Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: RECEIVE �' K",'3 0CM WILMINGT( -3d(o 4'MeSt„l((r-DPe'01201 N.L. r�l0 Agent yp tecelved by (pnnled yams) C. Date of D Z I, is delivery a d from 1m��r �i? O_ Yes ff YES, eft =;Iw d No NC DCM WILMINGTON, NC 0 C T 0 12016 Illllllll Senrice Mail llll lllllllll111lllllll ll ll llllln 1113. DMressO ultSgn tu�reRestrictedDelivery ° Certified Mail® ❑ Repriog" eredMay `flestrceo 9590 9402 2341 6225 6440 87 Deivery ❑ Ceri fled Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number fTrans/er from serwm lebeo ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfinnationTM ^'^•"'•"•'ail ❑ Signature Confirmation _ 7016 2070 0000 1742 5363 'l Restricted Delivery Restricted Delivery 'july ZU 10 PSN 753D.02-000-9053 i Domestic Return Receipt CERTIFIED MAIL • RETURN RECEIPT REQUESTED Em DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner Address of Property (Lot or Street * Street or Road Agent's Name Agent's phone #: f - 3 / g5 // Mailing Address:. (03 / cl &%) r i , 11 r/ y s v o 3 I hereby certify that I own property adjacent to the above referenced property The individual applying for this permit has described to me as shown on the attached drawing the development the are proposing A description or drawing with dimensions must be provided with this letter / hivve. cti to th�s proposal. __ /l I have objections to this proposal. if you hale obbiiections to what is being proposed. you must notify the Division of Coas tat Management J'� writing within 10 days of receipt of this notice. Correspondence should be mailed to 117 Cardinal Dien T (�O N Wilmington, NC. 18405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is crnsidered the same as no objection i/ you have been notified by Certified Mail. WAIVER SECTION I w M+ +w I Understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you myusstt initial the appropriate blank below.) d't� m6� t Uyme l cQo NJ'- 'jj�%//"�� (/ ` cXJ � '4o W c~' Vq oyw,sh �o�vslb� the 15'�etb�`` C,� { a `(AL- (Property Owner Info n ation) Sign u / \J /71I ,..)�:� Sys.;, i� ASP Marling Address / l 7 C 28Y03 C140state2lp Telephone Number Date ----- (Adjacent Property Owner Information) Sig a e — � <<,-►,.,ems > F s , r. �.�,� Print nr T,nc nr<,..,,, Sri- IT-6 Mailing Address kJcC! l:wisv, ll� Clty/State 1p c10 Telephone Numbe RECEIVED JAN 0 5 2017 DCM- IVMHD CIT V(l yaLcuq RECEIVED DCM WILMINGTON, NC Date Revised 611812012 Environmental Quality December30,2016 Coastal Marine Construction c/o Jimmy North 6314 Wrightsville Avenue Wilmington, NC 29403 Dear Mr. North: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application, on behalf of Susan Lamy, for State approval for development of the subject property located at 9 Bermuda in Wrightsville Beach, NC. It was received as complete on December 9, 2016 and appears to be adequate for processing at this time. The projected deadline for making a decision 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 30, 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. Sincerely, Tara MacPherson Field Specialist cc: Heather Coats, DCM Tyler Crumbley, COE Debra Wilson, DCM Zach Steffey, LPO mRc RECEIVED JAN 0 5 2017 DCM- MHD CITY State of North Carolina I Faviroamental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-7904215 �zn m T I I 47A v N < 0 r) m 0 AMA PERMIT APPLIED FOR PROT©: InStAll a boat lift and narfnrm npw Cu " grilsvillu County COMMENTS ACCEPTED THROUGH4anuary 27,. 2017 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Ms. Susan H. Lamy �Z NC Div. of Coastal Management 9 Bermuda Drive 127 Cardinal Dr. Extension Wrightsville Beach, NC 28480 Wilmington, NC 28405 Tara MacPherson, Field Specialist Agent: Jimmy North (910) 231-8514 910-796-7245 Book 5936 Page 255 BK:RB5838 �III�I��INIIIIII���M V:GRO255 260 2015037231 NC FEE ssasa 12-08-2015 N � EaSLEY'NC 03:20:44 PM ,� OF OFECa BY: CMOL HUGHLEY aEWSTEP orR NORTH CAROLINA DEED OF TRUST (Equity Line of Credit) SATISFACTION: The debt secured by this Deed of Trui evidenced by the note or other document secured thereby, has satisfied in 1. This the day of Signed: Mail after recording to: Drawn by and returned to: Calder Law, PLLC RECEIVED JAN 0 5 2017 DCM- MHD CITY This instrument was prepared by: _ Conrad Chee Mortgage brokmPmdividual who acted u a mortgage broker (if applicable): N/A Recording: Time, Book and Page Brief description fro index: Lot 6 in Sectiono acme a Isles THIS DEED OF TRUST ("Deed of Trust'5 is made as of this 3rd day of December, 2015 by and between: SUSAN H. LAMY, TRUSTEE OF THE MARCEL HENRY LAMY TRUST CREDIT SHELTER GRANTOR DATED JULY 30. 2009 ADDRESS: TRUSTEE BB&T Collateral Service Corporation 9 BERMUDA DR P.O. Box 1290 Whiteville, NC 29472 WRIGHTSVILLE BEACH, NC 294WS003 BENEFICIARY BRANCH BANKING AND TRUST COMPANY,a North Carolina banking corporation P.O. Box 1290 Whiteville, NC 29472 THE FOLLOWING INFORMATION APPLIES TO THIS DEED OF TRUST: 1. This Deed of Trust secures an Equity Line of Credit governed by provisions of Article 9, Chapter 45, North Carolina General Statutes, and secures all present and future advances thereunder. - 2. The maximum principal amount of the Debt (defined below) which may be secured by this Deed of Trust at any one time is EIGHT HUNDRED THOUSAND DOLLARS & 00/100 ($ 800,000.00 ) Dollars. 3. The Debt, on the date hmeof is evidenced by a BB&T Home Equity Line Agreement of even date herewith from Grantor and may be evidenced by and shall be at all times deemed to include, any and all other notes or other Documents now or hereafter evidencing any debt whatsoever incurred by Grantor or Borrower and payable to Beneficiary, the terms of which are incorporated herein by reference. 4. No execution of a written instrument or notation shall be necessary to evidence or segue any advances made heder 1�p-- period within which advances are to be made shall be the ten year period beginning on the date of this Deed of Tror�pa Trust. t'S t E I V E D DCM WILMINGTON, NC 1432NC (mew) Page 1 of 4 DEC 0 2 2016 Hook 5936 Page 256 M 5. The real property which is the subject of this Deed of Trust is located in or near the City of WRIGHTSVILLE BEACH in the Township of , in the County of NEW HANOVER in the State of North Carolina, and the legal description and the chain of title reference of the real property me set forth as follows: SEE EXHIBIT A shall be RECEIVED JAN 0 5 2017 DCM- MHD CITY : other Docummir, and such a secure its Payment and to all without limitation all writings his Deed of Trust shall secure (i) the principal; fh) all accrued interest including possible fluctuations of the interest rate if so provided in the Note or other Documenry (m al renewals or extensions of any obligation under the Note or other Document (even if such renewals or extensions are evidenced y new notes or other documents); and liv) all other obligations of Grantor to Beneficiary which are described in this Deed of Trust, or in the Note or other Document. (for example, payment of the attorneys fees of the Beneficiary, insurance premiums and ad valorem taxes). NOW, THEREFORE, for the purposes and under the conditions described in this Deed of Trust and in consideration of the Debt and the mutual promises of Grantor and Beneficiary, Grantor hereby conveys to Trustee, in ttuat, with power of sale, the real properly described in this Deed of Trust, together with an improvements, equipment and fixtures existing or hereafter placed on or attacked m this real property, all proceeds thereof and all other appurtenant rights and privileges. The term 'the Property" shall include this real property, any such improvements, futures, and also all appurtenant rights and pnWeges. TO HAVE AND TO HOLD the Property, to Trustee, its successors and assigns, but upon the bust, and under the terms and conditions of this Deed of Trust, to which Grammy Trustee and Beneficiary hereby agree: 1. PERFORMANCE BY GRANTOR Grantor shall fulfill all of Grantor's obligations as specified in this Dead of Trust, the Note or other Document. 2. TAXES, DEEDS OF TAUST, OTHER INCUMBRANC&S, Grantor shall make timely payment of all ed valorem taxes, assessments or other charges or encumbrances which may constitute a lien upon.the Property Grantor shall timely pay and perform any obligation, covenant or warranty contained m any other deed of trust or writing (hemin Other Deed of 1}ust) which gives rise m any or which may constitute a lien upon any of the Property. Grantor shall upon request of Beneficiary promptly famish safiafactory evidence of such payment or performance. Grantor shall not enter into, terminate cancel or emend an lease affecting m'e Property or any pert thereof without the prior written consent of Beneficiary. Grantor shall timely pay aM perform all terns of any lease or sublease of the Property or any part thmeof. 3. INSURANCE. Grantor shall continuously maintain insmance on all improvements which are now existing and which might caller become part of the Property against loss by fire, flood and other hazards casualties and contingencies in such amounts and such periods u may be required from time to time by Beneficiary, and shall pa promptly, when due, any premiums on the manta. If it is determined at any time that any of the Property is located in a flood heard area as defined in the Flood Disaster �tection Act 1973, Grantor shall obtain and maintain flood insurance on Property at Grantor's expense for as long m this Deed of ist is in effect Flood insurance coverage shall be in an amount equal to the esser of (i) the maximum amount secured as set forth sin or (ii) the maximum limit of coverage made available for the particular type of roperty under the law. If Grantor shell fail m core or maintain ban or flood insurance coverage in the specified amount tar the Property within a reasonable time of eivingg notice from Beneficiary of either me requirement m of die lapse of an existing pohq, Beneficiary may, but is not igated m expend for the account of Grantor any sums which me be necessary to purchase the requhd harard or flood urance, which shall be fully secured by this Deed o Tust and which shall aarue interest from the time expended antl] paid at the f set forth in the No or other Document All insurance shall be carried with winpanies approved by Beneficiary and shall stain a loss payable clause (New York long form) in favor of and in a form acceptable to Beneficiary. Grantor shell cause all icier and reaewels mercof m be delivered m Beneficiary. In the event of loss, Grantor shall ggiive immediate written notice m mficr'e+y and Beneficiary may make proof of loss if such is not made promptly by Grantor. Hach insurer is hereby expressly horiud end directed by Grantor to make payment for the loss directly and solely to Bepeficiary. Beneficiary may apply the urance proceeds, or any pert thereof, in its sole discretion end ar its option either to the reduction of Debt or m the restoration or air of any onion of the Property damaged, but Beneficiary shall not be olrligatail to see m the proper application of any, amount 4. ESCROW DEPOSITS. Upon demand of Beneficiary, Grantor shall add to each payment requud under the Note or other Document the amount estimated by Beneficiary m be sufficient m enable Beneficiary to pay as they become due all taxes, charges assessments, and insurance premiums which Grantor ts required m pay. Further, any deficiency occasioned by an insufficiency of such additional payments shall be deposited by Grantor with Beneficiary upon demand. S. PRESERVATION AND MAINTENANCE OF THE PROPERTY. Grantor shall keep the Property in good order and repair m it now is (reasonable wear and rear excepted) and shall neither commit nor permit any waste or any other occurrence or use which might impair the. value of the Property. Grantor shall not initiate or ac uiesce m a change in the zonmg classification of the Property or make or permit any structural alteration thereof without Beneficiarys prior written consent. 6. COMPLIANCE WITH LAWS. Grantor shall regularly and promptly comply with any applicable legal requirements of the United States, the Stain of North Carolina or other governmental anhty, agency or instrumentality relating to the use or condition of the Property. 7. CONDEMNATION AWARD. Any award for the taking of, or damages to, all or any part of the Property or any interest therein upon the lawful exercise of the power of eminent domain shall be payable solely to Beneficiary, which may apply the sums so received to payment of the Debt . 8. PAYMENTS BY BENEFICIARY. If Grantor or Bormwer shall be in default in the timely pa ent or ppeerrformance of any of Grammes or Borrower's obligations, the Note or other document, under this Dad of Trust or Other Deed of'I7ust, Beneficiary me , but it is not obligated to, expend for the account of Grantor any sums expenses and fees which Beneficiary believes appropriate tam the protection of me to and the maintenance and execution of tits lust. Any amounts so expanded shall be deemed principal advances full mqty secured by this Dead of T=4 shall bear interest from the time expended until paid at the rate of interest+a mo e Note or secured Docum ent, and shall be due and payable on demand. I"'S rt E I V E D DCM WILMINGTON, NC 1438NC (ice) Page 2 of 4 DEC 0 2 2016 Book 5936 Page 257 r1 — rants a be in a any od 10. at any and as any ono non CNIGNICeq by Me NOW or part of a Property; (b) the assumption Want; e) the forbearance or extension o Trust, a Note or other Document, whet) arty who has assumed payment of the De nest. None of the foregomg shall, in any t right to a deficiency judgment in the II future rams and pprofits from the Property w additional obligations secured by this Deed of Trust Grantor hereby idWrofits, with or without suck and to cep ly Me same, less a Deed of Trust many manner as Benehpctary may desire. eed of Trust, Grantor mayy continue to collect and retain the election to pursue the collection of the rents or profits shall my be put into effect independently of or concurrently with it shall remain w security for full payment of the Debt and meat, notwithstanding any of the following: (a) the sale or party of Grantors obligations under this Deed of Trust, the isyment of the Debt or for performance of any obligations to Grantor or to a subsequent owner of the Prop or Id) assumed any other obligations under this Deed offmnst, tithe the tall force and effect of the loan of this Deed of Trust or ided herein or by law or to execute any and all m 11. SUBSTITUTION OF TRUSTEE. Beneficiary shall have the unqualified right to remove the individual designated as Trustee on the first pagBe of this Deed of Trust, and to cep oint one or mom substitute or successor Trustees by instruments filed for registration in the County Registry where this Dead of Trust is recorded. Any such removal or appointment may be made at any time and from time to time without notice, without specifying any reason therefor and without any court approval. Any such appointee shall become fully vested with title to the Property and with all rtts, powers and duties conferred upon the individual originally designated as Trustee, in the same manner end o the same ellect asihough that party were named herein w the original Trustee. 12. INDEMNIFICATION IN EVENT OF ADVERSE CLAIMS. In the event that Benefici or Trustee voluntarily or otherwise shell become parties to any suit or legal proceeding involving the Property, they shall be savedd armless and shall be reimbursed by Grantor for any amounts paid, inclu ing all costs, charges and attorneys fees incurred in any such suit or proceeding, and the same shall be secured by this Deed of Trust and payable upon demand. 13. INSPECTION. Beneficiary may at any reasonable time and from time to time make or cause to be made reasonable entries upon and inspections of the Property. 14. WARRANTIES. Grantor covenants with Trustee and Beneficiary that Omntor is seized for the Property in fee simple, has the right to convey the sane in fee simple that title to the Property is marketable and free and clear of eL encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, subject only to any declarations, easements, restrictions or encumbrances listed in the title opinion or title luminance policy which Beneficiary obtained in the transaction in which Beneficiary obtained this Deed of Trust 15. ATTORNEYS' FEES. In the event that Grantor or Borrower shall default in its obligations under this Deed of Trust, the Note or other Document, and Beneficiary employs an attorney m assist in the collection of the Debt or to enforce compliance of Gmntm with any of the provisions of this Deed of Trust, the Note or other Documents or in the event Beneficiaaryry or Trustee shell became parties to any scot m legal proaediag (including any proceeding conducted before any United State Bemwptcy Court)) concemin�g e Property, conwnmg the lien of this Deed of Trust, concerning collection of the Debt or containing compliance by Crrantor with any of the provisions of this Deed of Trust, the No[c or oNer Document, Grantor shall pay BeneSciary's reasonable ettomeys' fees and all of the costs that maybe incurted, end such fees and costs shell be secured by this Deed of Trust end its payment enforced as if �1 it coma a part of the Debt Grantor ahall be liable for such attorneys' fees antl costs whetaer or not any suit ar proceeding is R E l . F i `/ � n Co. 16. ANTI -MARSHALLING PROVISIONS. Beneficiarymay grant releases at any time and from time to time of all or my portion of the Property (whether or not such mleases are requi. by agreement among the parties) agreeable to Beneficiary without notice to or the consent, approval or a ent of other Parties and interests, including junior henors and Purchasers subject to the JA N 0 5 2017 lien of this Deed of Trust and such reeC as as shall not itsppah in any manner the validity of or priority of this Deed of Trust on that ppoorrtitron of the Pr remaining subject to this Deed of Tms4 nor release Grantor or Borrower from personal liability for the Debt. Notwithstanding the -existence of an other secmiry interests in the Property held by Beneficiary or by any other party, Benefic]'pp�� shag have the ri¢ht to determine Ne order in which any or aB of the Property ahell be sub)ected to the comedies availabl(E 1Y ` M _ M H D C I T Beneficiary, and Beneficiary shell further have the right to determine the order in which any m all ppoortions of the Deb[ are sati Y from the proceeds realized upon the exemise.of any comedy it has. Grantor, Borrower, any party wlro consents to this, or any party who has actual or constme[ive notice hamof, hereby waives any and all rights to require the marshalling of users in connectlon with 17. EVENTS OF DEFAULT. Beneficiary has the right to terminate the future advance provisions of this Deed of Trust and declare the Debt immediately due and payable in any of the following circumstances: VIf the Grantor or Borrower fails or neglects to meet the ,Payment terms of the Debt, or fails or neglects to pay when due any and other sums which are or may become mcmed by this Deed of Trust; Its) If the Grantor acp m fails to act in a way which adversely affects the security pled�ed under this Deed of Trust or any right which tthhe Beneficiary may have in such security. Such action or inaction includes but is not united to the following: if the Grantor sells the property or o erwnse transfers title to the property without the prior written permission of the Beneficiary; if the Grantor fails to maintain insurance on the property according to the Beneficiary's requvements; if the Grantor commifa wane ar otherwiae damages or destroys the property, or any portion of tt, in such a way that is adversely effects the security of the Beneficiary; if the Grantor fails to pay taxes on the property; rf certain lows orjudgments ie filed if the property is condemned by a govemmenml authority; if a prior onholder commences foreclosure proceedings; tf airy Grantor s(rould die; (c) If any warranty, representation or statement made or furnished to Beneficiary by or on behalf of Grantor or Borrower in connection with this transaction proves to have been false in any material respect when made or furnished; (d) Any event which would permit termination under the tenors of the BB&T Home Equity Line Agreement. 18. REMEDIES OF BENEFICIARY UPON DEFAULT. Upon the occurrence of env event of default Beneficiary may. er its so redemption fra its adequacy or 1432NC Haag mmr, declare the debt to be munemately due and pa able in full; and, on aF his Deed of Trust in arty Mannar permitted by North Carolina law, including selling bidder for cash, fire of any equity of redemption, homestead, dower, curtesy or c expressly waived by Grantor, after compliance with applicable North Carolina law and Tmsme shall execute and deliver to the yyurohasm a Trustee's deed conveying ants, expressed or implied. 7Le recitals in the Trustce's deed shall be prima facie evi T�hse proceeds of any such sale shall be lied in the manner and in the order p rig agreed that the expenses of any such sale shall include a commission of five pe mg such sale and for all services performed by him hereunder excluding expert e= re sun or sets proceeding is commenced, and no sale is held, than the Grantor ant Crnstee and 2) a partial commission computed on five per cent of the balance of the i e pinchuer at any sate under this Dced of Trust At any such agile trireme may at atety to deposit with Trustee cash to an amount equal to all or 'an pert of the sutras not be included in the ad" ounent of the notice of such sale. If foreclosure prop 'mstee is hereby authorized to take possession of the Property and collect an rents Property or any pit thereof, receive the rents and profits thecofmm, end hold t ties of managing and operating the Property subject to the order of the court for d sffion of the foreclosum proceedings and during any period allowed by applicable e ordered to such proceedings; an 'fms[ee may eta irrespective of ttie value of the or discto dbtdness then owing. Page 3 of 4 to Wings are accrued or PontPirlIRECEIVED DCM WILMINGTON, NC DEC 0 2 2016 Book 5936 Page 259 N 19. RELEASE AND CANCELLATION. Upon fulfillment of all obligations, the performance of which is secured by this Dad of Trust, and upon payment of the Debt accompanied by the written instructions executed by Grantor to Beneficiary to terminate the Home Equity Line secured by this Dad of Trust, this Dad of Trust and the Note or other Document shall be marked "Satisfied" and returned to Grantor, and this conveyance shall be null and void and may be cancelled of record at the request and cost of Grantor, and title to the Property shall revest as provided by law. Beneficiary is authorized to apply my check tendered without such termination letter as a payment as opposed to a payoff and is under no obligation to terminate said Home Equity Loan, but may do so at its option. 20. MISCELLANEOUS. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and shall not be used to interpret or define my provisions. All remedies provided herein are distinct and cumulative to my other right or remedy under this Dad of That or afforded by law or equity, and may be exercised concurrently, independently or successively. All covenants contained heroin shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors or assigns. Whenever used the singular number shall include the plural, and the plural the singular, and the use of my gender shall be applicable to all genders. This Deed of Trust shall be governed by and construed order North Carolina law. Any forbearance by Beneficiary in exercising my right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of my such right or remedy. The procurement of insurance or the payment of taxes or other lies or charges by Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the Debt. Time is of the essence in the payment or performance of my of the obligations, or of my covenant or warranty contained in this Deed of Trust or in the Note, or other Document. IN TESTIMONY WHEREOF, each individual Grantor has hereunto set his hand and adopted as his seal the word "SEAL" appearing beside or nesr his signature, this sealed instrument being executed Pand delivered on the dam first above written. Grantor: (SEAL) Grantor: „�./,(, g,AL SAN HOFFMA1 LAW* SUSAX H. LAMY. Greomr. (SEAL) Grantor: t§FAL) STATE OF NORTH CAROLINA COUNTY OF New Hanover 1 Robert Calder, Jr. ,a Notary Public, do hereby certify that Susan Hoffman Lamv- a/k/a Susan lfLcajay. Tnratea , an individual, Grantor, personalty appeared before me this day and acknowledged that (s)he voluntarily signed this a firtm or the purposes stated therein. Dec Witness my hand and official stamp or notarial seal, this 9 day of embe e-mm (SEAL) [SEAL') a"GALDE'e NotaryPublic Robert C lle-f, Jr. .+'�� R My Commission Expires: - STATE OF NORTH CAII&NA6 hOAM OF B I, = PU0`-tr. ,a Notary Public, do hereby certify that an individual, Grantor, personally appeared before me this day I that (a)he voluntarily signed this Deed of Trust for the purposes stated therein. nu,,,uVr Witness my hand and official stamp or notarial seal, this —day of , 20_. [SEAL] Notary Public (SEAL) My Cnmmiseton Expires: STATE OF NORTH CAROLINA COUNTY RECEIVED JAN 0 5 2017 DCM- MHD CITY 4 ,a Notary Public, do hereby certify that an individual, Grantor, personally appeared before me this day and acknowledged that (s)he voluntarily signed this Dad of Trust for the purposes stated therein. Witness my hand and official stamp or notarial sal, this —day ofT , 20_. [SEAL] Notary Public (SEAL) My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF L ,a Notary Public, do hereby certify that an individual, Grantor, personally appeared before me this day and acknowledged that (s)he voluntarily signed this Deed of Trust for the purposes stated therein. Witness my hand and official stamp or notarial seal, this —day of , 20_. [SEAL] No (SEAL) Notary Public My Commission Expires: The foregoing or amexed cerdficate(s) of , Notmy(ies) Public, has(have) been verified to have the signature, commission expiration date, and official seal, if requited. This instrument and this certificate ere duly registered at the date and time and in the Book and Page shown on the fast page hereof REGISTER OF DEEDS FOR COUNTY By: Deputy/Assistant - Register of Deeds. RECEIVED 7432NC pe>n Pepe 4 of DCM WILMINGTON, NC DEC 0 2 2016 Hook 5936 Pays 259 •1i 11 lj •. BEING in the County of New Hanover and State of North Carolina, and being described as follows: BEING ALL OF Lot 6 in Section A of Parmele Isles, as the same is shown and described on map thereof recorded in Map Book 5 at Page 127 in the office of the Register of Deeds of New Hanover County, North Carolina, and being the same property having Tax ID Number R05716-005-001-000 and described, or intended to be described, in the deed recorded in Book 5897 at Page 2796 in said Registry. RECEIVED JAN 0 5 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC DEC 022016 Hook 5936 Page 260 00uNiY �0 TAm SCH BE SLY New Hanover County Register of Deeds Register of Deeds >F 216 NORTH SECOND STREET t WILMINGTION, NORTH CAROLINA 28401 t Telephone 910-7984530 • Fax 910-798-7751 f •xxaxxaaaraa:aaaaaaaaattattaaxaat+ttt++araataaeaataaaaaa+aaaa+a:+•ttatat+att+ttataaaaaaaa:aaaaaa+ttaxtt+taaa State of North Carolina, County of NEW HANOVER Filed For Registration: 12/08/2015 03:20:44 PM Book: RB 5936 Page: 255-260 6 PGS $56.00 Real Property $56.00 RECEIVED Recorder: CAROL HUGHLEY Document No: 2015037231 JAN 05 2017 DCM- MHD CITY xaaraaa+tatttaatataatattaaaaasaatattaattaatasaatataaaasaaaatata+aat+atrattaaaaaaataxaait+attaaaeeaaraaaaaaaa DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED DCM WILMINGTON, NC DEC 022016 Gmail - Fwd: Bermuda Drive Project Page 1 of 2 m- M Gmall Fwd: Bermuda Drive Project Adam Knierim <adamknierim@gmail.com> To: Jimmy North <jimmymnorth@gmail.com> --- Forwarded message --- From: Michael Bostic <oakpointfarmsmb@yahoo.com> Date: Tue, Nov 15, 2016 at 2:38 PM Subject: Re: Bermuda Drive Project To: Adam Knierim <adamknierim@gmail.com> Adam, Jimmy North <jimmymnorth@gmail.com> Wed, Nov 16, 2016 at 8:06 AM This email is to authorize use the Beane spoil area for dumping 200 yards of sand material. Is there any questions regarding this approval please feel free to call me at 910-233-5305. Thanks, Michael Bostic Property Manager Sent from my iPhone > On Nov 15, 2016, at 12:38 PM, Adam Knierim <adamknierim@gmail.com> wrote: > Michael, > Hope all is well. I am writing to request authorization to utilize the Beane Spoil Site for an upcoming project on Wrightsville Beach. The project is for Susan Lamy and consists of placing approximately 200cy of sandy material on the site. An emailed authorization will suffice for permitting purposes if you have no objections. 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 910.270.4058 Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC RECEIVED JAN 0 5 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO i0V1S2016 https://mail.google.comlmail/u/0/?ui=2&ik=82ede64342&view=pt&search=inbox&msg=... 11 / 17/2016 NC Division of Coastal Management Major permit Application Computer Sheet 72A"110A AEC: Masonboro Snd Fee: $400 #21209 CDAITS ✓ MHC cw V Applicant: Susan H. Lamy T4Zgiir 'a AgenttContractor: Coastal Marine Construction do Jimmy NorM IREM Project Site County: New Hanover Staff: District: Wilmington JAN 05 2017 Project Name: Lamy Dock Expansion w/Excavadon Rover File: We River Basin: Cape Fear Initial date of application submittal: 11-18-16; resubmitted 12-1-16 - Date application "received as complete" in the Field office: ) ' ((f Permit Authorization: SITE DESCRIPTION/PERMIT INFORM/'TION 1% V ORW: OYes Ro I PNA: Yes KNo Photos Taken: Yes No Setback Required (riparian): Nes 0No Critical Habitat: ❑Yes ❑No Aot Sure 15 foot waiver obtained: ❑Yes No Hazard tification Returned: []Yes po SAV: ❑Yes No ❑Not Sure Shell Bottom: ❑Yes ❑No Not Temporary Impacts: Yes ❑No Sure Sandbags: ❑Yes Lpko ❑ Not Sure Did the land use classificip4n come Mftigati equired (optional): from county LUP: ❑Yes RNO []Yes No M ratorium Conditions: Environment I ssessment Done: Length of Shoreline: []No ❑NA ❑Yes ❑No 71N FT. es —0— Shellfish Area nation: Project Description: (code) Development Area: (code) Open -or Closed V SECONDARYWATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) El High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh oordgrass (Spartina (SY) Saft reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow 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 El Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit -$250 more than 1 acre - $475 ❑ Permit Transfer - $100 El III(B) Public or commercial wl 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 EJ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWO agreement - $400 rY Lamy, Susan H. Date: 11-1 B-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 L New Work Repla aN Maint ❑ ❑ Y New Work Repl Maint ❑ ❑ Y N .� New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work= Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount tempimpacts) amount Dredge Fill ❑ Both ❑ Other ❑ 1 Dredge ❑ Fill ❑ Both ❑ Otherhw Dredge ❑ Fill ❑ 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 :: ww mccoastalmanaciement.net revised: 10/12/06 MAJOR PERMIT FEE SCHEDULE Susan Lamy/ $400, CK #212091 New Hanover 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 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, 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%(SO) III(B). Public or commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 900 (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 JAN 0 5 2017 DCM- MHD CITY Payment Proccessing Confirmation Date Received I12/2/2016 Check From (Name) Coastal Marine Piers Bulkheads LLC Name of Permit Holder Susan Lamy Vendor Wells Fargo Bank Check Number 21209 Check amount $400.00 Multiple Permits No Major/Minor Major Permit Number/Comments Maj Fee, 9 Bermuda Drive, WB, NH Receipt or Refund/Reallocated SS/2674D RECEIVED JAN 0 5 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY January 3, 2017 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice • Susan Lamy / New Hanover Co. • Spence Whitman / New Hanover Co. • NC Wildlife Resource Commission / Onslow Co. PAT MCCRORY Govemor DONALD R. VAN DER VAART Seaefmy BRAXTON DAVIS Dieaor RECEIVED JAN 8 5 2017 DCM- MHD CITY Kyle & Heather: Please publish the attached Notice in the Friday, January 6, 2017 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, Shaun K. Simpson Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE (NH Co.) Liz Hair - USACE (On Co.) Sarah Young- DCM State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wdminglou, NC 29405 910-796-7215 RECEIVED NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR JAN 0 5 2017 DEVELOPMENT PERMIT DCM- MHD CITY The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concernfor projects in New Hanover County as designated under the CAMA: On December 9, 2016, Susan Lamy proposed to install a boat lift and perform new excavation at an existing docking facility at 9 Bermuda Dr., adjacent to Lees Cut, in Wrightsville Beach; and on December 22, 2016, Spence Whitman proposed to replace an existing bulkhead at 11 Saltmaeadow Rd., adjacent to Banks Channel (Figure 8 Island), in Wilmington. On December 21, 2016, the NC Wildlife Resource Commission proposed to re- develop and improve a public boat ramp, and perform maintenance dredging at 656 Island Dr., adjacent to the AIWW, in North Topsail Beach, Onslow County. Copies of the applications can be examined or copied at the offices of Tara MacPherson (Lamy) or Jason Dail (Whitman & NCWRC), 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 27, 2017 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215