HomeMy WebLinkAbout53-22 Bouchard, ClaudePermit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
53-22
Issued to Claude "CJ" Bouchard, 4101 Wayfarer Way, Austin, TX 78731
Authorizing development in New Hanover County at adi. to Carolina Beach Yacht Basin. at 235 Florida Ave
in Carolina Beach, as requested in the permittee's application dated 10/2/21 (MP-1), "revised 5/12/22" (MP-2),
and 12/10/21 (MP-4). incl. dwas (4) Sheets 2 & 5 dated 10/2/21 and Sheets 3 & 4 dated "revised 5/12/22."
This permit, issued on May 23, 2022 , 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility Expansion
1) This permit authorizes only the docks and other structures and uses located in or over the water that
are expressly and specifically set forth in the permit application. No other structure, whether floating
or stationary, shall become a permanent part of this docking facility without permit modification. No
non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without
permit modification.
2) This permit authorizes 2 additional formalized boat slips for a maximum of 4 formalized boat slips at
this docking facility.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
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 Chair
of the Coastal Resources Commission.
i
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Claude "CJ" Bouchard Permit No. 53-22
Page 2 of 4
ADDITIONAL CONDITIONS
3) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking.
4) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access.
5) No portion of the authorized docking facility shall extend more than one quarter of the width of the water
body. Measurements to determine width of the water body shall be made from the normal high water line or
the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more
restrictive.
6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring.
Any sewage discharged at the mooring shall be considered a violation of this permit for which the permittee
is responsible. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors
shall be attached to the structure in order to make it more visible during hours of darkness or inclement
weather.
8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
9) The authorized structure and associated activity shall not cause an unacceptable interference with navigation
and shall not exceed the dimensions shown on the attached permit drawings.
Bulkhead Replacement
10) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
11) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
12) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
Claude °`CJ" Bouchard
ADDITIONAL CONDITIONS
Permit No. 53-22
Page 3 of 4
13) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
14) The bulkhead shall be constructed prior to any backfilling activities.
15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
16) This permit does not authorize any excavation waterward of the approved. alignment.
17) The fill material shall be clean and free of any pollutants except in trace quantities.
18) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
19) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.
20) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
21) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
22) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
23) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed
immediately landward of the bulkhead cap immediately following completion of backfilling activities..
General
24) 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.
25) All construction debris associated with the removal or construction of the permitted docking facilities
shall be contained within the authorized project area and disposed of in an approved upland location.
26) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
Claude "CJ" Bouchard Permit No. 53-22
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit
197800056 and Nationwide Permit 3 (Action ID SAW-2022-00287).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 004866 and assigned the project DWR Project No.,20220148.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project.
� ,5'3fZ2
DCM Coordinator: Permit #:
4 a" 1�
Agents:
MAILING DISTRIBUTION SHEET
01 Q
71C
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington � (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARO)
Jimmy Harrison
Washington: Chris Pullinger-401
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider — 401 (Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARO) (NCDOT) Travis Wilson
Natural Heritage Program Rodney Butler
LPO: 6)6VD— ""
DIVISION OF COASTAL MANAGEMENT \�(0)
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Claude "CJ" Bouchard COUNTY: New Hanover
PROJECT NAME: 235 Florida Ave -Docking Facility
LOCATION OF PROJECT: 235 Florida Ave, Adj. to the Carolina Beach Yacht Basin, Carolina Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-18-22 RECENED
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Hall DISTRICT OFFICE: WILMINGTON JAN 2 8 2022
DISTRICT MANAGER REVIEW: pCM-MHD CAN
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC D: S400 (60140)#1233
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 2-3-22 END OF NOTICE DATE: 2-2422
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes
C) 75 DAY DEADLINE: 4-3-22 150 DAY DEADLINE:
MAIL OUT DATE: 1-28-22 STATE DUE DATE: 2-24-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
— r1cm mw
DCM - LUP Consistency Determination I ci IZ"5 I I v I /" % ti
Local Permit Officer
Corps of Engineers - Regulatory Branch
DWR-401 Section
DWR-Public Water Supply
DENIER - Stormwater
DENIER - Sed and Erosion
DOA - State Property Office
Wildlife Resources Commission
DMF - Shellfish Section
DMF - Habitat & Enhancement
DNCR - Archives & History
DNCR - Natural Heritage Program
NCDOT
NC Dept of Commerce
!3
0
X
NOL \1, V
R(s ,% IIV''P 3
DCM Coordinator: Cameron Luck
County:
Permit #:_
WIRO E-MAIL DISTRIBUTION SHEET
Circle on . Bio port / Permit for:
Oversize ent:
DCM Offices:
Morehead City: PT (if oversize) via Courier / cc Gregg, Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
"MHC documents (Cam & Amanda) —
Wilmington: Original hard -copy,:_
ONLY -----------------
USACE & DWR rywro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: nder & Carteret Coy PN, CL, Reports, Split Sheet
use both ImingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet
eg Currey (NH/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
401 (PN/ON): PN, CL, Reports, Split Sheet_
+John Perry on all (training) — 401: PN, CL, Reports, Split Sheet _
Div of Water Resources: Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
vf(im Harding
DCM Planner/WiRO:
—
✓Mike Christenbury
Cultural Resources:
tOnee Gledhill -Earley Environmental Review(a)ncdenr
aov
Natural Heritage Prog.
_dddney Butler
DCA-Rural Eco. Dev:
..Mark Ziegler
NC DOT:
Wvid Harris
Wildlife Resources:
.Adana Dunn w/Reports—
State Property Office:
rprp Walton: DEED
_
AAike Moser
.Wanda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
✓Jeremy Humphrey (Bio) /
„S/6iaron Gupton, Admin.
DEMLR:
tine Hall - Stormwater Section
Wan Sams - Land Quality Section _
Public Water Supply:
vrteidi Cox
City of Wilmington:
K=rye,
Enforcement: Field Rep: `I
_Co. LPO �ovi �I V70+i; RECEIVED
Agent:
JAN 2 8 2022
DISTRIBUTED: ` DCM-MHD CITY
(` n AAA /Qb-nn mmnn• .Irene/nA�nnm, I :d
Shoreline length per DCM = 214 LF x 8 SF/LF = 1712 SF allowable
Proposed floating dock (8' x 13') = 104 SF
Proposed floating dock (8' x 40') = 320 SF
Existing floating dock (8' x 40') = 320 SF
Existing fixed platform (22' x 14') = 308 SF
Existing fixed pier (6' x 1 11') = 666 SF (access credit, not counted)
Existing boat lift (13' x 13') = not counted for Platform allocations
Total = 1052 SF
The proposed bulkhead would extend a maximum of 5 ft. below MHW and fill 223 sq. ft. of coastal wetlands; however site
conditions greatly restrict safe bulkhead work. 15A NCAC 07RO208'requires that bulkhead alignment shall approximate mean
high water or normal water level and shall be landward of significant marshland or marsh grass fringes. It also states that
bulkheads shall be permitted below approximate mean high water or normal water level only when the following standards are
met:
(i) the property to be bulkheaded has an identifiable erosion problem, whether it results
from natural causes or adjacent bulkheads, or it has unusual geographic or geologic
features, e.g, steep grade bank, which will cause the applicant unreasonable hardship
under the other provisions of this Rule;
(ii) the bulkhead alignment extends no further below approximate mean high water or
normal water level than necessary to allow recovery of the area eroded in the year prior
to the date of application, to align with adjacent bulkheads, or to mitigate the
unreasonable hardship resulting from the unusual geographic or geologic features;
(iii) the bulkhead alignment will not result in significant adverse impacts to public trust
rights or to the property of adjacent riparian owners;
(iv) the need for a bulkhead below approximate mean high water or normal water level is documented
in the Field Investigation Report or other reports prepared by the Division of
Coastal Management; and
(v) the property to be bulkheaded is in a non -oceanfront area.
The proposed bulkhead appears to be CONSISTENT with 15 NCAC 7H.0208 (b)(7) Use Standards for Bulkheads
The new docking facility would provide a total of formalized boat slips. It appears that the project is CONSISTENT
with the use standards set forth in NCAC 07H .0208(b)(6). The proposed docking facility would not exceed the i/< width
Of the waterbody. The docking facility would not exceed the existing town pier headline nor encroach in the 80' federal
setback. Waivers have not been obtained allowing permission to encroach into the 15' riparian setback.
This office has NO OBJECTION to the proposed work provided it is consistent with all other state and federal permitting
requirements and an appropriate disposal location is authorized prior to the commencement of any excavation.
RECEIVED
JAN 2 8 2022
DCM-MHD CITY
MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Claude "CJ"
Bouchard, Carolina Beach, New Hanover County
Datc: May 23, 2022
This project is consistent with the Town of Carolina Beach Land Use Plan.
The applicant proposes to expand the authorized two slip docking facility to
accommodate four vessels and to replace 109 linear feet of bulkhead waterward of the
existing bulkhead, resulting in the filling of approximately 223 sq. ft. of Coastal
Wetlands. The property is located at 235 Florida Avenue, adjacent to Carolina Beach
Yacht Basin in Carolina Beach.
Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW, CW 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 Carolina Beach Land Use Plan and
offer the following comments.
The AECs impacted by the work are classified as Conservation and Residential.
In general, the Town of Carolina Beach allows development in Conservation and
Residential classified AECs which is consistent with the State's minimum use standards.
The Town of Carolina Beach Land Use Plan contains some policies, which exceed the
State's minimum use standards. However, none of these standards appear to be
applicable to this proposal.
This project is consistent with the Town of Carolina Beach Land Use Plan.
Cc: File
RECEIVED
MAY 2 3 2022
DCM-MHD CITY
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 28, 2022
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.l u ck(i)N CD EN R.Oov
SUBJECT: CAMAID&F
Applicant: Claude Bouchard
Project Location: 235 Florida Ave., adj. to the Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to expand the authorized two (2) slip docking facility to
accommodate four (4) vessels and to replace 109 linear feet of bulkhead 1-5'
waterward of the existing bulkhead, resulting in the filling of approximately 223
sq. ft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
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.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
SIGNATURE Ka* EEg!!E�r Shannon Jenkins DATE
01 /28/2022
RECEIVED
1AN 2 8 zon
®����
9rHVWq,MP
°�'�^'^�°"�°.—N /
rI����MP SECTION
North Carolina Department of Environmental Quality PGMMoj�j�DlAa gcmcnt
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215
ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
BRAXTON DAVIS
Director
January 28, 2022
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.luckna NCDENR.00v
SUBJECT: CAMA ID & F
Applicant: Claude Bouchard
Project Location: 235 Florida Ave., adi. to the Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to expand the authorized two (2) slip docking facility to
accommodate four (4) vessels and to replace 109 linear feet of bulkhead 1-5'
waterward of the existing bulkhead, resulting in the filling of approximately 223
sq. ft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-
depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"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.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE DATE 1-28-22
RE EIVEp
pn ��JAN 2 &.2022
MP secr�
North Carolina Department of Environmental Quualityl ��n 1f9dast�l Management
D E Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
��� 910.796.7215
Received: 02/03/2022
State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
January 28, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 22-0413 Due: 2/11/2022
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
camero n.luckCcct.NCD ENR.Q ov
SUBJECT: CAMA /D & F
Applicant: Claude Bouchard
Project Location: 235 Florida Ave., adj. to the Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to expand the authorized two (2) slip docking facility to
accommodate four (4) vessels and to replace 109 linear feet of bulkhead 1-5'
waterward of the existing bulkhead, resulting in the filling of approximately 223
sq. ft. of Coastal Wetlands.
Please indicate below your agency's position orviewpoint on the proposed project and
return this form to Cameron Luck at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
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. RECEIVED
PRINT NAME Renee Gledhill -Earley
FEB 11 71111
AGENCY State Historic Preservation Office MP SECTION
DCM - MHD CITY
SIGNATURE Y&L2--
DATE February 11, 2022
tt North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
PRINT NAME Kimberlee Harding
AGENCY NCDMF
K
SIGNATURE th2�a��¢2 Yr`
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 28, 2022
MEMORANDUM.
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.luck(a) NCDENR.gov
SUBJECT: CAMAID 8 F
Applicant: Claude Bouchard
Project Location: 235 Florida Ave., adj. to the Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to expand the authorized two (2) slip docking facility to
accommodate four (4) vessels and to replace 109 linear feet of bulkhead 1-5'
waterward of the existing bulkhead, resulting in the filling of approximately 223
sq. ft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
%_ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
RECEIVED
FEB 2 81011
MP SECTION
DCM - MHD CITY
DATE 02/28/2022
D�� North Carolina Department of Environmental Quality I Division of Coastal Management
l ✓ Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
�^'�'\ 910.796.7215
ROY COOPER
covemar
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 28, 2022
MEMORANDUM,
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.l uck(o4 NCDEN R.g ov
SUBJECT: CAMAID6F
Applicant: Claude Bouchard
Project Location: 235 Florida Ave., adj. to the Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to expand the authorized two (2) slip docking facility to
accommodate four (4) vessels and to replace 109 linear feet of bulkhead 1-5'
waterward of the existing bulkhead, resulting in the filling of approximately 223
sq. ft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by February 23; 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"'Additional comments may be attached**
_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. Two slips proposed and two existing totaling four slips
PRINT NAME Wanda Hilliard
AGENCY /. I State Property Office
W SIGNATURE G.xo(0.- Euat RECENBU
DATE February 10, 2022 FEB 1 0 7fn7
MP SECTION
DDCM - MHC r'lT` North Carolina Department ofErnironmentalQualityIDNlslonofCoastalManagement
wdmington Office 1127 Cardinal Drive Extenslon I Wilmington, North Carolina 28405
910.796.7215
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 28, 2022
MEMORANDUM:
NORTH CAROLINA
EnAronmental Quattty
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron luck(o)NCDENR.gov
SUBJECT: CAMA/D&F
Applicant: Claude Bouchard
Project Location: 235 Florida Ave., adj. to the Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to expand the authorized two (2) slip docking facility to
accommodate four (4) vessels and to replace 109 linear feet of bulkhead 1-5'
waterward of the existing bulkhead, resulting in the filling of approximately 223
sq. ft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-
depth comments with supporting data is requested.
REPLY: }� This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. RECEIVED
PRINT NAME 41 A /' U � e,1 � f P �-
FEB 081021.
AGENCY N� k� J I CoYM /n a t MP 8EMN
DCM - MHD ClTY
SIGNATURE '71/L Q ' c) j �� DATE 2/65 ;zz
DEQp
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
ROY COOPER
Gammor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 28, 2022
NORTH CAROLINA
Environmental Quality
C-2- .e4.31.o1
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.luck(rDNCDENR.00v
SUBJECT: CAMA/D 8 F
Applicant: Claude Bouchard
Project Location, 235 Florida Ave., adj. to the Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to expand the authorized two (2) slip docking facility to
accommodate four (4) vessels and to replace 109 linear feet of bulkhead 1-5'
waterward of the existing bulkhead, resulting in the filling of approximately 223
sq. ff. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached*"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME I�X.nn -4' F�eti5'y See r
AGENCY
1� C'. ?-(:-
SIGNATURE I\�<
DATE i-Z -U)2z
HLL&1VLLJ
FEB 24 2022
MP SECTION
DCM - MHD CITY
North Carolina Department ofEnvlronmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2&105
910,796.7215
- North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
MEMORANDUM
TO: Cameron Luck
Division of Coastal Management
North Carolina Department of Environmental Quality
JVt, dj , i
FROM: Maria T. Dunn, Coastal Coordinator �
Habitat Conservation Division
DATE: February 24, 2022
SUBJECT: CAMA Dredge/Fill Pemut Application for Claude Bouchard, New Hanover
County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 235 Florida
Avenue adjacent to the Carolina Beach Yacht Basin in Carolina Beach, NC. Our comments are provided
in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128),
as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act
(FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 ct
seq.).
The applicant proposes to expand the existing two slip docking facility to accommodate four slips as well
as replace 109' of bulkhead an average 2' no father than 5' waterward the existing bulkhead, filling 223
ft of coastal wetlands. The existing dwelling's foundation is located 7.5' from the existing bulkhead, and
is the reason for the extended distance from the bulkhead and wetland fill. The Carolina Yacht Basin is
classified SB by the Environmental Management Commission.
The NCWRC has reviewed the permit application and does not object to the overall project proposal.
However, we generally do not favor projects that extend greater than 2' waterward existing structures,
enlarging the area of coastal wetland fill. Therefore, we request the applicant consider a closer alignment
to the structure to minimize the proposed wetland impacts.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at (252) 948-3916 or at
maria.dunn rnr ncwildlife.org
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919)707-0220 • Fax: (919)707-0028
Luck, Cameron A
From: Dunn, Maria T.
Sent: Wednesday, May 18, 2022 11:28 AM
To: Luck, Cameron A
Subject: RE: Bouchard Bulkhead
Cameron,
NCWRC has reviewed the updated bulkhead alignment and recognizes the reduction in alignment distance from NWL to
minimize impacts to environmental resources. We appreciate the applicant's new design submittal. Our concerns have
been addressed to be best extent practicable. We have no additional comment.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
www.ncwildlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Luck, Cameron A <Cameron.Luck@ncdenr.gov>
Sent: Monday, May 16, 2022 3:38 PM
To: Dunn, Maria T. <maria.dunn@ncwildlife.org>
Subject: Bouchard Bulkhead
Hi Maria,
Just checking in to see if WRC is good with the updated drawings for the bulkhead proposed at 235 Florida Ave. in
Carolina Beach.
I have attached updated drawings and the original application.
Let me know if you are good with the updates.
Thanksl
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5419 - office
Cameron. Luck0ricdenr.aov
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-00287 County: New Hanover County U.S.G.S. Quad: Carolina Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Claude "CJ" Bouchard
RECEIVE®
Address: 4101 Wayfarer Way
Austin TX.78731-6600
Size (acres)
Nearest Waterway Carolina Beach Yacht Basin
MAY 1 3 2022
Nearest TowR/ArSj2 A MHD
River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.056415; Longitude:-77.888331
Location description:
Description of project area and activity:
u
Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained
from the North Carolina Division of Coastal Management (DCM) prior to commencing any work
on this project.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344);
® Section l0 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number 56 and Nationwide Permit Number 3
s-
Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
hftp://www.fws.gov/nc-es/mammal/manatee_guidelines.pd
SEE ATTACHED RGP and NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permits provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated October 2, 2021 and revised May 12, 2022 for the bulkhead
and dated October 2, 2021 and December 6, 2021 for the dock additions. 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 I administrative penalty, and/or appropriate legal
action.
This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general 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 and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general 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 in Wilmington, NC, 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 Gregory Currey at (910) 523-1151 or
Gregory.E.0 u rrey(a)usace.army.m i I.
Gregory Digitally signed by
:J y Gregory Currey
Currey Date: 2022.05.13
Corps Regulatory Official: 14:36:57-04'00'
Expiration Date of Verification: March 14, 2026
Date: May 13, 2022
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
https://rejzulato[y.ops.usace.anny.mil/customer-service-survey/
Copies furnished by email:
Debbie Wilson
Cameron Luck (NC DCM)
John Perry (NC DWR)
RECpENE
MAY 1 3 2022
Action ID Number: SAW-2022-00287 County: New Hanover County
Permittee: Claude "CJ" Bouchard
Project Name: 235 Florida Ave / Carolina Beach / New Hanover / Claude Bouchard
Date Verification Issued: May 13, 2022
Project Manager: Gregory Currey
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: Gregory Currey
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 revoking 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
ECEI'9D
MAY 1 3 2022
MP SECTION VxHD
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
Claude Bouchard
4101 Wayfarer Way
Austin, TX 78731
NORTH CAROLINA
Environmental Quality
May 16, 2022
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Claude
Bouchard, in New Hanover County
Dear Mr. Bouchard:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Wilmington office on January 18, 2022. On April 1, 2022,
processing of your application was placed on due to comments received from NC Wildlife
Resources Commission and the Division of Water Resources concerning coastal wetland fill
associated with the proposed bulkhead alignment. With the acceptance of the updated MP-2 form
and revised drawings, and the resulting DWR certification issued May 13, 2022, processing of
your permit application has officially resumed. The revised projected 150-day deadline for
making a decision is August 1, 2022.
Please feel free to contact me by phone at (252) 515-5419 if you would like to discuss this matter
further.
Sincerely,
Cameron Luck
Assistant Major Permits Coordinator
CC:
DCM WiRO
Maria Dunn - NCWRC
Greg Currey — USACE Wilmington Regulatory Field Office
John Perry — DWR, WiRO
mn ma91`_Dmn ���
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Claude Bouchard
4101 Wayfarer Way
Austin, TX 78731
NORTH CAROLINA
Environmental Quality
April 1, 2022
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Claude
Bouchard, in New Hanover County
Dear Mr. Bouchard:
This letter is in response to the above referenced CAMA Major Permit application, which was
accepted as complete by the Division's Wilmington office on 1/18/22. Processing of the
application is ongoing. However, it has been determined that additional information will be
required prior to the Division taking final action on your application. The required item is
summarized below:
I) Comments were received from the NC Wildlife Resources Commission detailing
concerns with the coastal wetland fill associated with the currently proposed bulkhead
alignment. These comments were forwarded via email on April 1, 2022.
2) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that,
prior to taking final action on a project of this nature, a Water Quality Certification for
the proposed development must first be approved by the Division of Water Resources
(DWR).
On April 1, 2022, the DWR placed the project on hold as proposed and requested additional
information. I have provided the state agency comments and the DWR hold letter within the
email providing this notification for your reference.
Therefore, it is necessary that processing of your permit application be placed in abeyance until
such time as the required information is accepted by the resource agencies and final comments
have been provided.
Sincerely,
Cameron Luck
Division of Coastal Management
Assistant Major Permits Coordinator
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
252.808.2808
CC:
DCM WiRO
Maria Dunn, NCWRC
John Perry, DWR WiRO
Greg Currey, USACE Wilmington Regulatory Field Office
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City. North Carolina 28557
252.808.2808
DocuSign Envelope ID: 5BF256F8-7245-428D-B13E-2DA9E4F6AD7F
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
March 31, 2022
DWR Project # 20220148
New Hanover County
CERTIFIED MAIL: 7020 1290 00016718 3524
RETURN RECEIPT REQUESTED
Claude Bouchard
4101 Wayfarer Way
Austin, TX 78731
Subject Property: 235 Florida Avenue, adjacent to the Carolina Beach Yacht Basin
New Hanover County
REQUEST FOR MORE INFORMATION
Dear Mr. Bouchard,
On January 28, 2021 the Division of Water Resources (DWR) received your CAMA major
development permit application dated January 18, 2022 to allow for the proposed development of
a private docking facility which proposes to expand the two slip docking facility to four slips and
to replace 109 LF of bulkhead 1-5 feet water ward of the existing bulkhead. This will involve
filling approximately 223 sq. ft. of Coastal Wetlands. The Carolina Beach Yacht Basin is classified
as SB by the DWR. The Division has additional questions regarding the proposed development and
has determined that additional information will be necessary to complete the review of your permit
application. The application is on hold until all of the following information has been received
by our office.
Additional Information Requested:
Mrs. Maria Dunn of the North Carolina Wildlife Resources Commission (WRC) sent a
memorandum on February 24, 2022 outlining concerns regarding impacts to Coastal Wetlands
based on the proposed bulkhead alignment approximately 1 to 5 feet water ward of the existing
bulkhead. Due to these concerns the NCWRC asked that the applicant consider a bulkhead
alignment to avoid and minimize impacts to the Coastal Wetlands. A site visit was made on March
21, 2022 with Debbie Wilson, Bryan Hall (DCM), John Perry (DWR) and Kim Harding (DMF).
The purpose of the visit was to measure the area of proposed fill and to confirm the presence of
coastal wetlands in the project area.
®En �13 North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
o.�ll'r.�m�raiaoaaw o.rtr�
919.707,9000
DrilltFl&Xl1)WA13G'1:
DocuSign Envelope ID: 5BF256F8-7245-428D-B13E-2DAgE4F6AD7F
March 31, 2022
Page 2 of 4
The Rules of 15A NCAC 02H.0506 (b)(1) require the DWR to evaluate projects to ensure that
impacts to surface waters and wetlands have been avoided and minimized and to ensure that any
remaining surface waters or wetlands and any surface waters downstream, continue to support
existing uses during and after project completion. The proposed bulkhead alignment located
more than 2 feet waterward of the existing bulkhead fails to demonstrate avoidance and
minimization of impacts. The section of the bulkhead, previously authorized by the CAMA
general permits, were authorized with alignments a maximum of 2 feet waterward of the existing
bulkhead. The foundation of the existing residence is setback 7.5 feet from the existing
bulkhead. The bulkhead located immediately waterward of the existing residence shows no signs
of failure as a result of the construction of the home. No changes to the proposed bulkhead
construction methodology have been proposed in this location. The expansion of the existing
docking facility and construction of the bulkhead have not been designed to avoid and minimize
impacts to wetlands and surface waters. The purpose and need for this expansion was described
in the application as avoiding the potential of catastrophic failure of the foundation of the
dwelling. The dwelling is currently under construction and was placed 7.5' from the existing
bulkhead.
The DWR believes that, as proposed, the negative impacts associated with the proposed bulkhead
would degrade the wetlands resulting in a violation of the following Water Quality Standards:
15A NCAC 02B .0201 ANTIDEGREDATION POLICY
69 Activities regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) which
require a water quality certification as described in Section 401 of the Clean Water Act
(33 U.S.C. 1341) shall be evaluated according to the procedures outlined in 15A NCAC
2H .0500. Activities which receive a water quality certification pursuant to these
procedures shall not be considered to remove existing uses. The evaluation of permits
issued pursuant to G.S. 143-215.1 that involve the assimilation of wastewater or
stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H .0506(c)
(1) -(5) in determining the potential impact of the proposed activity on the existing uses
of the wetland per 15A NCAC 2H.0231.
15A NCAC 02B .0231 WETLAND STANDARDS
(b) The water quality standards for all wetlands are designed to protect, preserve,
restore, and enhance the quality and uses of wetlands and other waters of the State
influenced by wetlands. The following are wetland uses:
(1) Storm and flood water storage and retention;
(2) Moderation of water level fluctuations;
(3) Hydrologic functions, including groundwater discharge that contributes to
maintain dry weather streamflow and, at other locations or times, groundwater
recharge that replenishes the groundwater system;
(4) Filtration or storage of sediments, nutrients, toxic substances, or other
pollutants that would otherwise have an adverse impact, as defined in 15A NCAC
02H .1002, on the quality of other waters of the State;
(5) Shoreline protection against erosion through the dissipation of wave energy and
water velocity and stabilization of sediments;
(6) Habitat for the propagation of resident wetland -dependent aquatic organisms,
including fish, crustaceans, mollusks, insects, annelids, planktonic organisms, and
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Dive Ext. Wilmington, Noah Carolina 28005-5406
rxx+n�rwvnirme�� �/ 910.796.7215
wo.a�.m iwwm�
DWR# 20220148
DocuSign Envelope ID: 5BF256F8-7245-428D-B13E-2DA9E4F6AD7F March 31, 2022
Page 3 of 4
the plants and animals upon which these aquatic organisms feed and depend upon
for their needs in all life stages; and
(7) Habitat for the propagation of resident wetland -dependent wildlife species,
including
(c) The following standards shall be used to assure the maintenance or enhancement of
the existing uses of wetlands identified in Paragraph (b) of this Rule:
(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts
that may cause adverse impacts on existing wetland uses.
The DMF and WRC memorandum recommended that the proposed bulkhead be installed a
maximum of 2' water ward of the existing bulkhead to minimize impacts to the coastal wetlands.
Based on the recommendations of the WRC, the DWR supports a bulkhead alignment that avoids
impacts to coastal wetlands. The DWR ask that the following additional information be provided:
I. The applicant must demonstrate that the existing site conditions will lead to catastrophic
failure of the existing bulkhead if a new bulkhead alignment is not authorized 5 feet
waterward.
2. The applicant must demonstrate alternative methods for increasing the length of the tie-
back for the bulkhead wall.
3. The applicant must demonstrate that a 5'waterward alignment will provide significantly
greater stability than 2' waterward alignment.
Please revise your application in accordance with the recommendations of the resource agencies.
If the concerns of the resource agencies are not resolved the DWR will move to deny your
application as required by 15A NCAC 2H.0506. If these concerns and recommendations are
addressed to the satisfaction of the DMF, the WRC, the DWR will have no objection.
Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all the above requested
information for the proper consideration of the application. If all the requested information is not
received in writing within 30 calendar days of receipt of this letter, the DWR will be unable to
approve the application and it will be returned. The return of this project will necessitate
reapplication to the DWR for approval, including a complete application package and the
appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three (3)
copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699-1617.
OAR �FLN North Carolina Depanmentof Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Warrington, North Carolina 28005-5406
�uaAn�ceao�.i y� 910.796.7215
DocuSign Envelope ID: 5BF256F8-7245-428D-B13E-2DA9E4F6AD7F
DWR# 20220148
March 31, 2022
Page 4 of 4
Please contact John Perry at 910-796-7341 or or myself at 910-796-7218
or tom.tharrin on(2ncdenr.eov if you have any questions or concerns.
Sincerely,
ooeuBl0ned by:
E
To4 'IVwm' t0
M41E73BU3468...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: WRC Memo
CC: Bryan Hall, DCM Wilmington Office -EC
Cameron Luck, DCM Morehead City Office -EC
Maria Dunn, WRC-EC
Greg Currey, USACE Wilmington Office -EC
Kim Harding, DMF Wilmington Regional Office -EC
Stephen Conway, Contractor -EC
Debbie Wilson, Consultant -EC
DWR 401 & Buffer Permitting Branch file — LF
WiRO
11.0 QNonh Carolina DepanmentofEnvimwcntal Quality I Division of Water Resources
D 2P 127 Cardinal Drive Ext. W4mington, North Carolina 28p05-5406
,,r,-
egz=®� 910.796.7215
DocuSign Envelope ID: 1517FB71-3F5D-40BB-830C-272A9EC9F33C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Claude "Cj" Bouchard
4101 Wayfarer Way
Austin, TX 78731
NORTH CAROUNA
Environmental Quality
May 13, 2022
DWR # 20220148
New Hanover County
RECEVED
Subject: Approval of Individual 401 Water Quality Certification
235 Florida Avenue, Carolina Beach MAY 1 3 2022
USACE Action ID. No. SAW-2022-00287
Dear Mr. Bouchard: MP SECTION RPM
Attached hereto is a copy of Certification No.004866 issued to Claude "CJ" Bouchard dated May 13,
2022. 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 this Water Quality 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H
.0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply
Watershed, and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege
in any lands or waters, or any right of use in any waters. This Water Quality Certification does not
authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any
other person and does not create any prescriptive right or any right of priority regarding any usage
of water. This Water Quality Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Water Quality Certification to possess any
prescriptive or other right of priority with respect to any other consumptive user regardless of the
quantity of the withdrawal or the date on which the withdrawal was initiated or expanded.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the
corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project,
regardless of the expiration date of this Water Quality Certification.
North Carolina Department of Environmental Quality I Division of Water Resources
®E 127 Cardinal Drive Eat. Wilmington, North Carolina 28805-5406
vxrN rn xiw 910.796.7215
aro.imm.a a rex"..en.i o.m�
DocuSign Envelope ID: 1517FB71-3F5D-40BB-830C-272A9EC9F33C DWR#2O22O148/WQCOO4866
235 Florida Ave
Page 2 of 10
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must
notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be
aware that impacting waters without first applying for and securing the issuance of a 401 Water
Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500.
Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into navigable waters,
including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states
any person desiring issuance of the State certification or coverage under a general certification
required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any
future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day
for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition
are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-
3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
EVED
M AY 1 3 2022
�� North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28105-5406
wnnwxa'�. 910,796,7215
o•m.,mmrnm.®muia�mr�
DocuSign Envelope ID: 1517FB71-3F5D-40BB-830C-272A9EC9F33C DWR#2O22O148/WQCOO4866
235 Florida Ave
Page 3 of 10
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact John Perry at 910-796-7215 or iohn perry@nWenr gov if you have any
questions or concerns.
Sincerely,
poeuSlgnetl by:
E
:: WF34'56
]F141E]3SBF3458..
Tom Tharrington
Wilmington Assistant Regional Supervisor
Water Quality Regional Operations Section
cc: Debbie Wilson (via email)
Cameron Luck, DCM Morehead City (via email)
Bryan Hall, DCM Wilmington (via email)
Greg Currey USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch Electronic file
C E-mN= ``
MAY 1 3 2022
FOP � CTl 101`1 rtifli dED
DUrd'OI�North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ent. Wamingmn, North Camlina28{05-5406
arnn ��:ee 910.796.7215
ms,nm umr A.mnao�„uu�
DocuSign Envelope ID: 1517FB71-3F5D-40BB-830C-272A9EC9F33C
DWR#202201.48/W00004866
235 Florida Ave
Page 4 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #004866 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500 and 15A NCAC 02B .0200, to Claude "CJ" Bouchard who has authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on January 21, 2022 and subsequent information received on April 11, 2022, April 25,
2022, May 12, 2022 and by Public Notice issued by the Division of Coastal Management and received
by the Division on January 28, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements
and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL
95-217 if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth:
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H.0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved (units)
Temporary
Open Waters
0.009 ac
Coastal Wetlands
0.003 ac
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. All bulkhead backfill material shall be obtained from a high ground source and confined landward of
the permitted bulkhead.
Citation: 15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts
2. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace
quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen debris shall
not be used.
Citation: 15A NCAC 02H .0506 (b)(1)-(3)
M AY 1 3 2022
MP SSECTION VIM
North Carolina Deparhnent of Environmental Quality 1 Division of Water Resources
® �'�}j 127 Cardinal Drive Ext. Wilmington, Noah Carolina 28605-5406
sewn cxxr iw. / 910.796.7215
armo•.+a tm.b.mmmia�.m�
DocuSign Envelope ID: 1517FB71-3F5D-40BB-830C-272A9EC9F33C
DWE2#20220148/WQC004866
235 Florida Ave
Page 5 of 10
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
3. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the permittee became aware of the non-
compliance circumstances.
Citation: 15A NCAC 02H .05O6(b); 15A NCAC 02H.05O7(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any
best use on a short-term or long-term basis.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC O2H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife, secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
5. When applicable, all construction activities shall be performed and maintained in full compliance
with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of
applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate
Best Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures shall
be equal to or exceed the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline
Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times. PREC E ED
MAY 1 3 2022
North Carolina Department of Environmental Quality I Division
of W '• SECTI
A_R
®lr KQk
�}� 127 Cardinal Drive Ext. Wilmington, North Carolina 28105-5406 6ii ®�
oaawmmr'iiu�d/ 910.796.7215 15{��
DocuSign Envelope ID: 1517FB71-3F5D-40BB-830C-272A9EC9F33C
DWR#20220148/WQC004866
235 Florida Ave
Page 6 of 10
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual. Reclamation measures and implementation shall comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of
1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I,
WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation
and erosion control designs shall comply with the requirements set forth in 1SA NCAC 04B .0124,
Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(I) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
6. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a
manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence
installed within wetlands shall be removed from wetlands and the natural grade restored within two
(2) months of the date that DEMLR or locally delegated program has released the specific area
within the project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
RE'CEaIV E D
V— V North Carolina Department of Environmental Quality I Division of Water Resources MAY 1 3 2022
CG�� 127 Cardinal Drive Ext. Wilmington, North Carolina 28605-5406
wo:a:imu.ioomnoia�wrw� �� 910.796.7215 y,�„„ �ECTI�%� A �/ h��'�HN.d �� aC10 ��11D
DocuSign Envelope ID: 1517FB71-3F5D-40BB-830C-272A9EC9F33C
DWR#20220148/WQC004866
235 Florida Ave
Page 7of10
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU,' if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
8. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; ISA NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
9. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes
the risk of contact between the fertilizer and surface waters. R C E IVD
MAY 1 3 2022
k,an cu�o D ��<� North Carolina Depanmeni of Environmental Quality I Division of Water Resources
127 Cardinal Drive Esa. WOminbnon, Noah Carolina 29105-5406
a�mwmnas�eiaoom 910.796.7215 CL'1Y" SECTION
j.VIHD
DocuSign Envelope ID: 1517FB71-3F5D-40BB-830C-272A9EC9F33C
DWIW202201.48/WQC004866
235 Florida Ave
Page 8 of 10
Citation: 15A O2H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .020O,-15A NCAC O2B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protectsuch uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or othersolids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
10. If concrete is used during 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.
Citation: 15A 02H .O506(b); 15A NCAC O2H .O507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protectsuch uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
11. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures.
Citation: 15A NCAC 021-1.O506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in staterule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
12. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other
toxic materials. Construction shall be staged in order to minimize the exposur�/.foqm�ent to
surface waters to the maximum extent practicable. Fueling, lubrication, and gs Or' G'l=.F"WED
MAY 1 3 2022
®w oWiZ
�� North Carolina Depamnent of Environmental Quality I Division of Water Resources
Idd 127 Cardinal Drive Ext. Wdmiablm North Carolina 28905-5406
o e^x�'emu mnna�am� 910.796.7215 MP 09—CTION [d Elp G'D
DocuSign Envelope ID: 1517FB71-3F5D-40BB-830C-272A9EC9F33C
D W R# 2 02 2 0148/ W QO004866
235 Florida Ave
Page 9 of 10
maintenance shall be performed in a manner to prevent, to the maximum extent practicable,
contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses
13. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical characteristics
are protected; populations of wetland flora and fauna are maintained to protect biological integrity
of the wetland, • and materials or substances are not present in amounts that may cause adverse
impact on existing wetland uses.
14. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.
Citation: 15ANCACO2H.0507(c); N.C.G.S143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon,notice of
discharge must immediately notify the Department, or any of its agents or employees, of the nature,
location, and time of the discharge and of the measures which are being taken or are proposed to be
taken to contain and remove the discharge. This action is required in order to contain or divert the
substances to prevent entry into the surface waters. Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary
contact recreation; agriculture); and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
15. The 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 �t1d,, Federal Law.
g`�61,_CEIVD
DE >
o•e•nm�n rc ma�a� /�'�
Noah Carolina Department of Environmental Quality I Division of Water Rose as 1 3 2022
127 Cardinal Drive Ext. Wilmington, North Carolina 28005-5406
910.796,7215
DocuSign Envelope ID: 1517FB71-3F5D-40BB-83OC-272A9EC9F33C DWR#20220148/WQC004866
235 Florida Ave
Page 10 of 10
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for instate rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available
at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
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 404 or CAMA Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(c)]
This, the 13w of May 2022
L
0ocu510ned y:
f0a :t1,.m 10'
T"MId 2fUon
Wilmington Assistant Regional Supervisor
Water Quality Regional Operations Section
ECEVVED
MAY 1 3 2022
Ni 7
D ���� Nonh Carolina Department ofEnvimnmental Quality I Division of Water Resoumes
127 Cmdinsl Drive E.I. Wamington, Nonh Carolina 28p05-5406
rcnn'uaa 910.796.7215
aymm rwo®miam,
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: )` W r PrA r CW/ [S
Fee: $ ge_70 # (Vs
CDAITS _ MHC cc
Applicant:
C7lJC_
Agent/Contractor:
Project Site County:
Staff: PIVft\ I-(- District: Wilmington
Project Name: -z35 `&r. to Rover File: n/a River Basin: �rt'2
Initial date of application submittal: 12 2 Z ( t' 1�
Date applicabon'receivedas Complete" in the Field office: ( I$ Z 2
Permit
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Yes �No PNA: Yes No
Photos Taken: Yes No
Setback Required (riparian): Yes o
Critical Habitat: ❑Yes PSNO ❑Not Sure
15 foot waiver obtained: []Yes No
Hazard Notification Returned:
❑Yes mo
SAV: LlYeS 95No ❑Not Sure
Shell Bottom: ❑Yes ❑No Not
Temporary Impacts: FYes No
Sure
Sandbags: Yes o ❑Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP: i!�Yes ❑No
❑Yes P?No
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
❑Yes ❑No V3NA
❑Yes ?No ❑NA
-V/ ?Jq FT
Area Designation:
Project Description: (code)
Development Area(code)
:Sheillsh
en -or- used
V
��..wnunn r wn i ER CLAJsRo-ICATION - OPTIONAL (choose MAX of 4)
LJ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
—Ef High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW)
..r �.+.�...V mina i Cu
(404) Corp. of Engineers (Jurisdictional ❑ (Lb) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
ItemiFlora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (M Cattail (fypha sp.)
spicata)
sp)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salt/meadow grass (Spartina
roemenanus)
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; 4144 can't be applied - $400
❑ Minor Modification to a CA MA Major
permit - $100
Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $250
more than 1 acre - $475
❑ Permit Transfer $$100
III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
$100
❑ II. Publicorcommercial/no dredge
and/or fill - $400
RECEIVED
❑ I. Private no dredge andlor fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
JAN 2 g 2022
DWQ agreement - $400
DCM-MHD CITY
Applicant:
Date: 1 Z
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension t
Dimension 2
Dimension 3
Dimension 4
One
One
New Work
Replace
1
Maint ❑
❑ Y; N
o9
2
N"WorkV
Replace
8 S
Maint❑
❑Y 19N
I'2> IV
New Work
Replace
Maint ❑
❑ Y FIN
New Work El
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
Habitat Name
DISTURB TYPE
Disturbancetotal
includes any
disturbance.
Excludes any
Disturbance
total includes
disturbance.
Excludes any
Choose One
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
tamp impacts)p
impact amount
tam impacts)
amount
I \
b�J
Dredge El Fill ❑ Both ❑ Other
`mot 44
`��
Dredge ❑ Fill ❑ Both ❑ Other
,' �,5
1
I 1:5-5
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
t
EIVED
Dredge ElFill ❑ Both ❑ Other ❑
JAN 2 S 2022
DCM-MHD CITY
919-733-2293 :: 1.888-4RCOAST :: www ncc0astalmana0ement-T! t revised: 0=4118
Date
Received
1/27/2022
Date
Deposited
Check From
Claude Bouchard
Name of
Permit Holder
same
Vendor
Bank of
America
Check
Number
1233
Check
amount
$400.00
Permit
Number/Comments
major fee, 235 Florida Ave,
Carolina Beach NHCo SPLIT 60/40
Rct• ✓1
BH rct.
15996
n
m
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n
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Major Permit Fee Schedule
Project Name 2N —R rf,'Aq 4e County. ,act � � Check No & Amount: tl
233
Development Type
Fee
DCM %
DWp ova
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or
$250
100% ($250)
0% ($0)
open water areas.
II Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas
III For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas.
determine if A.B, C. or D below applies.
III(A). Private, noncommercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No 4175 can be applied
III(B) Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No 4175 can be applied
III(C) If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
review and written DWQ concurrence is
$400
60% ($240)
40% ($160)
needed because of concerns relatetl to
water quality or aquatic hi
III(D). If General Water Quality
$ 00
Certification No 4175 cannot be applied'
60% ($240)
40% ($160)
IV Development that involves the filling
andror excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas.
RECEIVED
JAN 2 S 2022
DCM-MHD CITY
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Claude "CT' Bouchard c/o Debbie Wilson
2. LOCATION OF PROJECT SITE: 235 Florida Ave, adjacent to the Carolina Beach Yacht Basin, in New
Hanover County.
Latitude: 34°3'22.57"N Longitude:77°53'18.30" W
3. INVESTIGATION TYPE: CAMA & D/F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-7/7/21, 8123121, 11/15/21
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 12/29/2021
Complete Date — I /18/22
6. SITE DESCRIPTION: Office — Wilmington
(A) Local Land Use Plan — Carolina Beach
Land Classification From LUP — Conservation (open water) and Residential (upland)
(B) AEC(s) Involved: EW, PTA, CW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment:Existing — Municipal
Planned — N/A
(F) Type of Structures: Existing — Residence under construction, docking facility under construction, and
bulkhead
of existing bulkhead Planned —Four (4) slip private docking facility and install new bulkhead waterward
(G) Estimated Annual Rate of Erosion: N/A
Source- N/A
7. HABITAT DESCRIPTION: [AREA]
ni?171"IM \ nrrr Vr
(A) Vegetated Wetlands (Coastal)
r�
—223 SF
(B) Non -Vegetated Wetlands (Open water)
424 SF
incor orated
(C) Other(highground)
1395.5 SF
(disturbed)
(D) Total Area Disturbed: 2,042.5 sq. ft. (0.05 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB# Open: No
(G) Estimated Annual Rate of Erosion: N/A
Source- N/A
8. PROJECT SUMMARY: The applicant proposes to expand the authorized two slip docking facility to
accommodate four vessels and to replace 109 linear feet of bulkhead 1-5' waterward of the existing bulkhead,
resulting in the filling of approximately 223 sq. & of Coastal Wetlands.
RECEIVED
JAN 2 8 2022
DCM-MHD CITY
Bouchard, Page 2
9. PROJECT DESCRIPTION:
The project site is located at 235 Florida Avenue (Lot #18) in New Hanover County, adjacent to the Carolina Beach
Yacht Basin, in Carolina Beach, New Hanover County. The lot is approximately 0.21 acres with 214' of shoreline
frontage. The lot's average grade is 4' above normal high water (NHW). A small access channel to an old boat house
used to be located on the property. The old access channel is no longer unusable as it has filled in with Coastal
Wetland species. A single-family residence is currently under construction authorized by CAMA Minor Permit CB20-
13. The new residence sits approximately 7.5' from the existing bulkhead due to the house being redevelopment over
existing impervious surface area. A two -slip docking facility is also currently under construction. The docking facility
that is under construction was authorized on 12/8/21 under GP #85400D. The permit authorized a 6'xl I P access pier,
22'x14' gazebo, 8'x40' floating dock, and 13'x13' boatlift (See Sheet 4 of 5). An existing bulkhead is located on the
property. The northern 76' linear feet of bulkhead immediately waterward of the old bulkhead was authorized under
GP #80304D that did not include any wetland fill (See Sheet 3 of 5). The remaining portion of the existing bulkhead
was authorized under State Permit #122-08. No permit history was found for the creation of the old access channel.
Vegetation on the tract consists of lawn grasses and landscape shrubs. Smooth Cordgrass (S)?ardnaAlterniora) exists
within the old access channel.
The Wilmington -New Hanover County Land Use Plan classifies the area as Conservation. The waters in this location
are classified as SB# by the Division of Water Quality. The area is NOT designated as a Primary Nursery Area (PNA)
by the Division of Marine Fisheries and is CLOSED to the taking of shellfish.
10. PROPOSED PROJECT:
The applicant proposes to expand the authorized two slip docking facility to accommodate four vessels and to
replace 109 linear feet of bulkhead 1-5' waterward of the existing bulkhead, resulting in the filling of
approximately 223 sq. ft. of Coastal Wetlands.
The applicant proposes to replace the section of bulkhead within the existing basin that is now filled in with
coastal wetlands. According to the application, 43' of the bulkhead on the northern side of the basin would be
installed 2' waterward of the existing bulkhead and fill 86 sq. ft. of coastal wetlands. On the eastern side of the
basin, the applicant proposes to install 25' of bulkhead 5' waterward of the existing bulkhead, filling 125 sq. ft. of
Coastal Wetland Area. The applicant states that due to the existing bulkhead being 7.5' from the foundation of the
dwelling, the work area for the tie -back system is extremely restricted. The foundation being located so close to
the bulkhead puts a tremendous amount of pressure on the bulkhead. Due to the conditions, the applicant states
that it is important the existing bulkhead remain in place with the new bulkhead proposed 5' waterward to allow
for more room for tie -backs and to remove some of the pressure on the proposed bulkhead to prevent a blowout.
The applicant also proposes to install 29' of bulkhead along the southern side of the basin, P waterward of the
existing 3.5' long southern wall and tapered back to the escarpment to connect with a proposed 14' section of
bulkhead that crosses south through an area of high ground to tie into the adjacent bulkhead (See Sheet 3 of 5).
This would result in the filling of approximately 12 sq. ft. of coastal wetlands. The proposed bulkhead ranges
from 1-5' waterward of NEW, with an average distance of 2'.
The applicant proposes to expand the current docking facility to accommodate two more formalized slip for a
total of four boat slips. At the eastern, landward end of the existing 8'x40' floating dock the applicant proposes to
install an 8'xl3' floating dock that would extend north parallel to the shoreline and connect to an 8'x40' floating
dock that would extend perpendicular to the shoreline to create a "U" shape (See Sheet 4 of 5). The proposed
docking facility does not encroach into either adjacent 15' riparian setback and waivers have not been obtained.
11. ANTICIPATED IMPACTS:
The proposed bulkhead would step out an average of 2' and a maximum of 5' waterward of NHW, resulting in the
filling of approximately 223 of Coastal Wetlands and Estuarine Waters/Public Trust Area. Clean sand would be
used as backfill. There would be approximately 1395.5 sq. ft. of high ground disturbance associated with the
tieback installation. The proposed docking facility expansion would incorporate approximately 424 sq. ft. of
Public Trust and Estuarine Waters. The existing docking facility shades approximately 628 sq. ft, of estuarine
water and 360 sq. ft. of coastal wetlands that has previously been accounted for (GP #85400D). As proposed, the
docking facility does not exceed the % width, would not exceed the Town of Carolina Beach pier headline, nor
encroach into the 80' federal channel setback. The proposed docking facility expansion would not encroach into
either 15' riparian setback, and waivers have not been obtained. The proposed structures would allow the facility
to accommodate up to four (4) vessels. Increased turbidity levels should be expected during construction R�
however no long -tern impacts are anticipated. CEIVE®
Submitted by: Bryan Hall Date: 1/25/2022 Office: Wilmington
JAN 2 8 2027
Narrative
As the acting agent for CJ Bouchard who owns 235 Florida Ave., Carolina Beach, in New
Hanover County, I am submitting the enclosed CAMA Major Permit Application for the
installation of a new vinyl bulkhead and floating dock addition. As proposed, the new vinyl
bulkhead would be installed an average of 2' waterward of the existing wooden bulkhead and 5'
waterward of the 25' long section of bulkhead located right in front of the house, even though
there are Coastal Wetlands in this area. The existing bulkhead is located 7.5' from the foundation
of the dwelling, thus extremely restricting the work area for the tie -back system for the new
bulkhead. The bulkhead being located only 7.5' from the foundation also causes a tremendous
amount of pressure on the bulkhead. Due to these conditions we are requesting and it is
extremely important that the existing bulkhead to remain in place and the new bulkhead to be
installed 5' waterward of the existing bulkhead even though there are Coastal Wetlands right up
to the existing bulkhead. The loss of approx. 125 sq. ft. of Coastal Wetlands would have a much
less environmental impact than the potential catastrophic failure of the foundation of dwelling.
The applicant is also proposing to install 2 new floating docks (1 @ 8' x 13' & 1 @ 8' x 40')
which will attach to the northeast comer of the previously authorized 8' x 40' floating dock
which is currently under construction. This will allow for 2 additional slips, creating a 4 slip
docking facility within water depths of approx. -4.5' @ NLW and will not encroach into the
adjacent 15' riparian corridor setbacks nor exceed the existing pier -head line.
The DWR pre -filing meeting request has been filled out on the website and a copy of the return
email resulting from that submittal is included in this CAMA Major Permit application.
• The project proponent hereby certifies that all information contained herein is true, accurate,
and complete to the best of my knowledge and belief.
• The project proponent hereby requests that the certifying authority review and take action on
this CWA 401 certification request within the applicable reasonable period of time.
Please feel free to contact me if you have any questions. Thank you.
Or-XJr,a
NG
IVIED
JAN 2 S 2022
DCM-MHD CITY
Timothy P Donohue, PE
PROFESSIONAL ENGINEERING AND CONSULTING SERVICES
April 9, 2022
Mr. Steve Conway
Southeastern Marine Contractors
6252 Towles Road
Wilmington, North Carolina 28409
Subject: Siring Evaluation - Bouchard Bulkhead
235 Florida Avenue
Carolina Beach, North Carolina
Job Number 21-162
Mr. Conway,
RECEIVED
APR 112022
MP SECTION
DCM - MHD CITY
In accordance with your request, I am pleased to follow up with you request for clarification with
respect to how the proposed bulkhead was sited on this property during my design of the proposed
marine construction improvements.
The bulkhead was designed for a maximum height of 7' and has an exposed height of approximately
4 to 5 feet where it is directly adjacent to the existing residence. The design considerations affecting
the proposed placement included:
➢ Proximity to the residence - the residence is very close to the existing wall, leaving minimal
space or ability to excavate behind the wall without disturbing the existing structure. It was
determined that a new wall should be placed in front of it, utilizing helical anchors as the
most practical method of anchoring the wall with minimal effect on the foundation.
Soil Failure Plane - The wall was positioned as far as practical from the existing residence in
order to shift the potential failure influence zone of the wall -soil "block" away from the
residence and reduce the likelihood of foundation undermining.
In my professional opinion the wall should not be placed any closer to the existing residence than it
currently is. If I can be of further assistance, please do not hesitate to contact me.
Respectfully,
Timothy P Donohue, PE
Design Professional
:2Q� FES i0 % ;.P
a SEAL
16573
ZZ
PO Box 403 Cashiers, North Carolina 28717 (910) 409 3975 timdonohuewb@yahoo.com
IN MP-1
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. PrimaryApplkant/Landowner Informadon
Business Name
Project Name (if applicable)
Applicant 1: First Name
MI
Last Name
Claude "W"
Bouchard
Applicant 2: First Name
MI
Last Name
If additional appNcants, please attach an additional pages) with names listed.
Mailing Address PO Box City State
4101 Wa arer WayAustin TX
ZIP
Country
Phone No.
FAX No.
78731-6600
USA
919 - 931-9519 eM'
Street Address (if dderent from above)
city
stale
ZIP
Email
cjbouchard30qnrjai1.com
2. Agent/Contractor /nformaeon
Business Name
n tractor 1: Fret Name
MI
Last Nerve
Debbie
Wilson
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box city
state
16275 Wiimin on
NC
ZIP
Phone No. 1 Phone No. 2
REC9IVE
910 - 612 0402 ext.
FAX No.
Contractor #
JAN 2 8 2022
Street Address (if different from above)
city
State
ZIP
M-MHD C'
teb7bieW750eharter.
net
ECEIVE�
<Form continues on back>
DEC, 19 ni1
25 Z•50 e•28 o8 .. 1-d8o•4RC0A3T ., www.nccuastaimanageme�nt.net
TY
NG
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
New Hanover
235 Florida Ave.
N/A
Subdivision Name
City
state
Zip
N/A
Beach Carolina
NC
28428
Phone No.
Lot No.(s) (H many, attach addirional page with list)
919- 931-9519 e".
18'18A ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Mite Oak
M rtle G ve Sound /Carolina Beach Yacht Basin
G. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
AIWW
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Carolina Beach
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire bract (sq.h.)
214
9.199 s . ft. above NHW
C. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) w
�Qp qC� a(7
8(Ifm�a�ydt 8izegs,Sp1@aftse
NWL (normal water level)
attach additional page with a list)
41 ®NHW or ❑NWL
e. Vegetation on tract
Lawn grasses and Coastal Wetlands
f. Man-made features and uses now on tract
Bulkhead and single-family residence under construction, new pier and floating dock also
under construction.
g. Identify and describe the existing land uses 'adjacent to the proposed project site.
Residential
It. How tldas local government zone the tract?i.
Is the proposed project consistent with the applicable zoning?
Residential RAB
(Attach zoning compliance certificate, If applicable)
®Yes ONO ❑NA
1. Is the proposed activity part of an urban waterfront redevelopment proposal? I
❑Yes ®No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No DNA
JAN 28 I
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does It Involve a Dyes ®No ❑ —
National Register listed or eligible property?
<Form continues on next page> C 29 2��\
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_'.. _ N�
=D
)22
CITY
r�n tom...
1-888.4 R C 0 A RT .. www�. n c c 0 arcf a i m 0 n a 9 00- .net
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? Was [:)No
(11) Are there coastal wetlands on the site? Was []No
(III) If yes to either (I) or (ii) above, has a delineation been conducted? ®Yes []No
documentation, if available)
n. Describe existing wastewater treatment facilities.
Municipal
o. Describe existing drinking water supply source.
Municipal
P. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
❑Commercial QPublic/Govemment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Residential shoreline stabilization
C. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where It is to be stored.
Typical marine construction with a pile driver and skid steer.
d. List all development activities you propose.
Install a new vinyl bulkhead 2' to 5' waterward of the existing bulkhead and new floating dock
addition.
e. Are the proposed activities maintenance o(an existlng project, new work, or both?
New
f. What is the approximate total disturbed land area resulting from the proposed project?
®Sq.Ft or [:]Acres2,117
g. Will the proposed project encroach on any public easement, public accessway or other area
that the public has established use of?
[]Yes ®No ❑NA
In. Describe location and type of existing and proposed discharges to waters of the state.
RECEIVE
None proposed
<Form continues on back> *t rib % 1�21
,N. NC
51
I I I
252-808.2808 :: 1.888-4rst OAST :: www.nccoastalmanageryrtffnot
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6 ;Add�bor►114hformation
In adddron to this .cvmpleted apphcabon fame; (MP fJ the7p11oanng dams below rf appl cable musfbe subm/tted rr} ortterforthe�applicahort � ' package to be complete Items (a} (t) are always appbc$616 toany major development appllcatron: Pleasa,cpnsuRdhe
mstiuchon bobklet on howto propedy prepare the regmred,dems below.,= -:'� �, 6pp/fcahoq
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 she 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.
iName RbeLou WeltPhoneN,
#"'Address, P;O Box'730,.Wfln;:. NC z8335
Name Phone No..
David &Sue Raynor
Address P.O. Box 70 Linden NC 28356
,Na
-
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates.
CAMA GP #80304 issued to C_J Bouchard on 8/23/21 for new Bulkhead LAMA GP #80282 issued on 6/1/21 to
CJ Bouchard fora new docking fa i ty and GP #85400 issued on 121R/21-fol-rim do king
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
It. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. It 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 unuerswna Gnat any permit Issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands In connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge. RECEIVED
Date 10/2/21 Print Name Debbie Wilson Agent for CJ Bouchard
Signature L 2Ssx� L()da'61m' mJfAN228 20/2�2 -
Please indicate application attachments pertaining to your proposed project. DC V —M H CITY
I1 i
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culy fksL`,i~j�V'f'
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information
DEC z 9
pcM�NILtVVViJt
2S2-808-2808 ;; 1.888-4RCOAST :; www.neconstalmana gem ent.net
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (1) Is the docking facility/marina:
❑Commercial ❑Public/Govemmant ®Private/Community
c. (1) Dock(s) and/or plants)
(I) Number _
(lit) Length
(Iv) Width _
(v) Floating ❑Yes ❑No
e. (I) Are Platforms included? ®Yes ❑No
If yes:
(II) Number 2
(!it) Length 13' & 40'
(iv) Width B'
(v)Floating ®Yes ❑No
Note: Roofed areas are calculated from driptine dimensions.
g. (i) Number of slips proposed
2
(ii) Number of slips existing
2
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
®Open water; no dredging required
❑Other, please describe:
k. Typical boat length: 16=30'
M. (i) Will the facility have tie pilings?
❑Yes ®No
(it) If yes number of tie pilings?
❑This section not applicable
b. (1) Will the facility be open to the general public?
❑Yes ®No
d. (i) Are Finger Piers included? ❑Yes ®No
If yes:
(ii) Number _
(iii) Length
(iv) Width _
(v) Floating ❑Yes []No
f. (I) Are Boadifts included? ❑Yes ®No
If yes:
(II) Number
(III) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage (-wet slips') only, number of slips:
❑ Dry storage; number of boats: _
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types),
Qp—en runabout RECEIVED
JAN 2 8 2022
I. (i) Will the facility be open to the general public? "° C M-M HD CITY
❑Yes ®No
RECEIVED
DEC 2 9 2021
252-808.2808 :: 1-saa-6RC0AST :: www.nccoastalmanaaement.net revised: 12?27/06
Form DGM MP-4 (structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable
a. Check each of the following sanitary facilities that will be induced in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: ; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of said waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Ghre the location and number of'No Sewage Discharge' signs proposed.
(li) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and 'No Wake" signs proposed. _
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
RECEIVED
k. Describe design measures that promote boat basin flushing?
lam 2 8 m2
I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED
DEC 59_KI
0CM WILMINGTON, NC
252.808.2808:: 1-888-4RCOA5T ;: wvvw.nuoastalmanaaement.net revised: 12127106
Form DCM MP-4 (Structures, Page 3 of a)
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
Oyes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW _ ❑SAV ❑SB
OWL _ ❑None
P. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lilts) 2This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Publlo/Govemment ❑Private/Community
(il)Number _
(ill) Length
(iv) Width
Note: Roofed areas are calculated from dnpline dimensions.
4. GROIN (e.g., woods, sheetplle, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number _
(ii) Length
(III) Width
5. BREAKWATER (e.g., wood, sneetpi/e, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable'
❑Commercial ❑Public/Govemment ❑Private/Community
c- Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing _
b- Number
d. Description ofbuoy (color,inscriRECEIVED
inscription, size, anchor, etc.)
mlmkvjr3ky ■
DECEIVED
DEC 2 9 Zozi
DCM WILMINGTON, NC
252-808.2808 :: 1-888-4RCOAST ;: www.nccoastalmanaaemant.net revised: 12127/06
Form DCM MP-4 (structures, Page 4 of 4)
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
16' to the north and south 16' to the north and 38' to the south
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
70T
e. (1) Will navigational aids be required as a result of the project?
[]Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
-4'8"ANLW
8.OTHER - ❑This section not applicable
a. Give complete description:
Install 2 additional floating docks 1 (cD 8' x 13' & 1 (a) 8' x 40' to docking facility currently
under construction and authorized by GP #85400 on 12/8/21
12/10/21
Date
C. J. Bouchard, 235 Florida Ave.
Project Name
Debbie Wilson, Agent
Applicant
Name. 1 s
Applicant Signature
RECEIVED
JAN 2 9 2022
DCM-MHD CITY
RECEIVED
DEC 2 9 1021
IDCM WILMINGTON, NC
262-808-2806 :: 1.868-4RCOAST :: Vo w.nccoastala anaaement.net revised: 12t27/06
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
Debbie Wilson
PO Box 16275
Wilmington, NC 28408
Dear Ms. Wilson,
NORTH CAROLINA
EnvlronmentalQualfty
January 25, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Claude "CT'
Bouchard, for State approval for development of the subject property located at 235 Florida Avenue, adjacent to the
Carolina Beach Yacht Basin in New Hanover County. It was received as complete on January 18, 2022 and appears to be
adequate for processing at this time. The projected deadline for making a decision is April 3, 2022. 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 January 18, 2022, 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, n� �'7���1 s�Q�
Bryan Hall yvy, V
Field Representative
cc: Cameron Luck, DCM USACE
Holley Suider, DWR Gloria Abbotts, LPO
CJ Bouchard, Applicant
RECEIVED
�DF North CarolinaDeparnnentoFEnvironmentalQuWay1DivisionofCoastalManaJAN
gemment� 202Z
WNnington oftice 1127 Cardinal Drive Extension I Wilmington. North CnroQna 2a405
910.796.7215 DCM-MHD CITY
m
m
m
0
d
CAMA PERMIT
APPLIED FOR
BA1EQTie —�-Applicant proposed to expand the existing two
'—
a total of Tour s ips rep ace 109
�a nz� mau
County.
COMMENTS ACCEPTED THROUGH Februa g 23 2022
APPLICANT: FOR MORE DETAILS CONTACT
Claude "CJ" Bouchard THE LOCAL PERMIT OFFICER BELOW:
4101 Wayfarer Way NG Div. O oaS a anagemen
Austin, 127 Cardinalr. Ex .
Agent; I fnln9 Ong
Debbie Wilson ryan a
(910) 612-0402
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 28, 2022
GanLegPubNotices@agannett.com
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Claude Bouchard
NORTH CAROLINA
Environmental Quality
Hello: Please publish the attached Notice in the Wednesday, February 2, 2022 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 Tanya Pietila at the NC Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Wilmington office. n
cc: MHC Files
Cameron Luck — MHC
USACE
Tanya (Ag Pietila
Permittl Support & Customer Assistance
RECEIVED
JAN 2 8 2022
DCM-MHD CITY
North Carolina Department of Environmental Quality I DNialon of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington North Carolina 2WS
910.796.7215
! It L�l 1 1
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for a development permits in Areas of
Environmental Concern as designated under the CAMA: On January 25, 2022, Claude Bouchard
proposed to expand the existing two (2) slip docking facility to a total of four (4) slips and replace
109 linear feet of bulkhead waterward of the existing with 223 sgft of associated wetland fill at
235 Florida Ave., adj. to the Carolina Beach Yacht Basin in Carolina Beach, New Hanover County.
Copies of these applications can be examined or copied at the office of Bryan Hall N.C. Dept. of
Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC
28405, (910) 796-7423 during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to February 23, 2022 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 & comment by the
public and state and federal agencies. Notice of the permit decision in these matters will be
provided upon written request.
RECEIVED
JAN 2 8 2022
�D—g
DCM-MHD CITY
North Carolina Department of Environmental QualityIDivisionofCoastalManagement
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.7%.7215
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: 12&( 004+V-4a4 1/� r
Mailing Address: !I/Q . /I/L,,�.p�y
Phone Number:
Email Address: ;`j�u lIi✓ol �('a
1 certify that I have authorized Debbie Wilson, Agent
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
neces_s/ary for the following proposed development:
at my property located at �3� �(DY/dGt iCiy� e /jiY��iJ?1
in vooe County.
I furthermore certify that / am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
/.4'/XU4 1WdW4W
Print or Type Name
Title
1IL/ bI
Uate
This certification is valid through /0 /1e/�
�9T
QCM�"RECEIVED
JAN 2 8 2022
DCM-MHD CITY
ADJAOM RIPARIAN PROPEPT OWNER srATr ; F
0MRA PZEMMOORMGPOOP
oa.l°F �Yi 8r6he Zj� ! i Cv-j-VICPA- I'ae .N.C-
(Wamarbadt) {Iowa "Ater Csmmty) ,
He bac domed m ae, as abmm bdaw, the development be a pmposiag a2lhad bcedim, and, I bave
no objariaas to bis pcaposeL I mul sbud that apier/mooring. UbW lboaTd/ bond owe tube set
back a min diseanoe offril3xnfeet (I5') fiamaq area afripaoaasnees odes waived by me_
(Ifyea wish to waive the sethat31, yae mast initiai On appropriate bbtak belaw)
t_. 1419 MUt wish to Waive
_ Idowish taweintbidsei=&requirement
DFSCRW1iQN Arm/OR DRAWING OF PROPOOD ]DEVELOPMENT -
(TO be jmw ie by P^wposm8 &M4MM4
�rttf fa Udder straceipt ethis moom Cor paadeac d"
046t tee en ab o be embcftdat (918) 79&12M
(Intormallm Lot Property OwmdAppiftant
Appy for permit)
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dsE�aun rla rs , uHimFspote�- �1 0CM WILMREOEWD
AN 2 S 2022
DCM-MHD CITY
■ ..ands
arkladdiese '
ontherevem
X7
0 Agent
L�
SO that WO Can Mann ttHycard to yoLL
U' Addmwed
8 Attach this card to the back of the malipiew,
or on the front If space pwntt&
1.:Afllda,Addrewedtw.
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0 tiomplete hems 1, 7, and &- - - I r. �' -
2 Print your name And.addrm an the reverse
so that we can reW the Cmd.to you.
10 Attach this card t6ft back of the maifplece,
F: blZn
X
-or onthe front ifi3pac penfifts.
1. ArrideAdtimssedt=
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RECEIVED
3AN 2 9 2022
j)CM-MH D CITY
Ch L3
2m="
umn.#f"
'000
0
0
a
A
7
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LOCATION MAP
Snows
Cut
ANNIE DRIVE
SPENCER FARLOW DRIVE
SILVER SLOOP WAY
PENINSMA DRIVE
z ` KEYS LAME
ate. LEWfSDRIVE
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e°
IRECEIVEL
DEC 2 9 ?9?l
DCM WILMINGTON, NC,
CIN
Claude 'CX Bouchard
235 Florida Ave.
Carolina Beach, NC
New Hanover County
Prepared By: Debbie Wilson
1012121 NTS
Sheet 1 of 5
UOOK bzei rage 1U04
BK: RB 6287
PG: 1034 -1037 2020006469 NO FEE$26.00
RECORDED:
02120AM NEW HANOVER COUNTY, REAL ESTATE
TAMMY THEUSCH BEASLEY
11:34:23 AM REGISTER OF DEEDS EXT%sW00
BY ANOEU ENGLISH
DEPUTY ELECTRONICALLY RECORDED
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
REVENUE STAMPS: $800.00 GENERAL WARRANTY DEED
Tax Parcel ID It R08807-008-013-000
Mail After Recording To: Claude Joseph Bouchard, III
(Grantee's Address) 4101 Wayfarer Way
Austin, TX 78731-6600
DRAWN BY AND RETURNED TO: CALDSR LAN, P1
1410 Commonwealth Drive, #205, Wilmington, NC 28403
N/4 If checked, the property includes the primary residence
of at least one of the Grantors, otherwise, note as N/A. (per NC
GS § 105-317.2)
Grantor's Address: P. O. Box 70
Linden, NC 28356
Brief Description: Lots 18 and 18A Block 201 .Northern
Section/Extension of Carolina Beach
This Deed, made and entered into this the I'1 day of
February, 2020, by and between David Raynor Loggiaq, Inc., a North
Carolina Corporation, the GRANTOR herein; and, Claude Joseph
Bouchard, III, unmarried, the GRANTEE herein.
RECEIVED
JAN 2 8 2022
Rr=c0W-MHD CITY
DEC 2 9 ;�021
submitted electronically by "Calder Law, PLLC" r)CM WILNININCG � Ord, :yG
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover County Register of Deeds.
boos bLtl/ Yags iu.)o
N I T N E S S 8 T H:
That the Grantor(s), for and in the consideration of the sum
of One Dollar and other valuable consideration, the receipt of
which is hereby acknowledged, has and by these presents, does
grant, bargain, sell and convey unto the Grantee(s) in fee simple,
that real estate located in the County of New Hanover, State of
North Carolina, more particularly described as follows:
Being that tract located at 235 Florida Avenue in
Carolina Beach, New Hanover County, NC having Tax
Parcel ID Number R08807-008-013-000; described in
instrument recorded in Book 6176, Page 979 in the said
New Hanover County Registry, as the same being more
particularly described in that Exhibit A attached
hereto and incorporated herein by reference.
To have and to hold the aforesaid lot or parcel, together
with all privileges and appurtenances thereto, heretofore
belonging to the Grantee(s) in fee simple.
The Grantor(s) covenants with the Grantee(s) that Grantor(s)
is seized of the premises in fee simple, has the right to convey
the same in fee simple, that the title is marketable and free and
clear of all encumbrances, and that Grantor(s) will warrant and
defend the title against the lawful claims of all persons
whomsoever except for the exceptions hereinafter stated. Title to
the property hereinabove described is subject to the following
exceptions: The provisions of all applicable zoning and land use
ordinances, statutes and regulations; ad valorem taxes after 2019;
all applicable restrictive covenants and rights reserved or
granted therein; and all applicable utility, drainage and other
easements of record.
RECEIVED
J0 2 S 2022
DCM-MHD CITY
RECEIVED
DEC 2 9 z021
0CM WILMINGTON, NC
BOOK OLB/ rage IU5b
In witness whereof, the Grantor(s) have hereunto set
their hands and seals this the day and year first above written.
David Raynor Logging, Inc.
STATE OF NORTH CAROLINA COUNTY OF . ay ki+-�
I, a Notary Public of the County and State aforesaid,
certify that David Raynor, the President of David Raynor Logging,
Inc., and Sue B Raynor, the Secretary of David Raynor Logging,
Inc. personally appeared before me, known to me or proven to me by
photographic identification, this day and acknowledged the
execution of the foregoing instrument.
Witness my nd and official stamp or seal, this the
day of February 2024k. A A _
Name: 1�l�� �1-r Ci blesoh
ssion Expirels: (0-,�2-?621
RECEIVED
JAN 29M2
DCM-MHD CITY
RECEIVED
DEC 2 9 2021
0CM WILMINGTON, NC
boot bzni rage ius,
BAIT A
LEGAL DESCRIPTION DEED
David Raynor Logging, Inc.
TO
Claude Joseph Bouchard, III
That real estate located in the County of New Hanover, State of
North Carolina, more particularly described as follows:
Being all of Lots 18 and 18A in Block 201 of the
Northern Section/Extension of Carolina Beach as the
same are shown on a map thereof recorded in Map Book 3,
Page 67 in the New Hanover County Registry; and being
that property with Tax Parcel ID number R08807-008-013-
000 described in instrument recorded in Book 6176 at
Page 979 in said Registry.
RECEIVED
JAN 2 S 2022
DCM-MHD CITY
RECEIVED
DEC 2 9 2021
QCM WILMINGTON, NC
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 28, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.luck(rDNCDENR. aov
SUBJECT CAMAID&F
Applicant: Claude Bouchard
Project Location: 235 Florida Ave., adj. to the Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to expand the authorized two (2) slip docking facility to
accommodate four (4) vessels and to replace 109 linear feet of bulkhead 1-5'
watenvard of the existing bulkhead, resulting in the filling of approximately 223
sq. ft. of Coastal Wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT
AGENCY
:9[eI.I\iDI3
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.
DATE RECEIVED
JAN 2 8 2022
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
New MQ-/- GCr"
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
N W L)
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
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.
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL []None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
c. (I) Do you claim title to disposal area?
[]Yes ❑No ❑NA
(II) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL []None
III) Describe the purpose of disposal in these areas:
d. High -ground excavation in cubic yards.
®This section not applicable
b. Dimensions of disposal area.
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(if) If yes, where?
f. (i) Does the disposal include any area in the water?
[]Yes ❑No ❑NA
(II) If yes, how much water area is affected?
RECEIVED
MAY 15 2C?
DCM-MHD CITY
252-808.2808 :.- 1.888.4RCOA8T :: www.nccoastaimananement.net revised: 12/26/06
FOflvt DCR7 MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ❑This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length: 109'
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: 1'
c. Average distance waterward o NHW r NWL: d. Maximum distance waterward o NHW r NWL:
2' 2-
a. Type of stabilization material
Vinvl Sheathina
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill 125sa. ft. Riprap
Breakwater/Sill Other _
I. Source of fill material.
Upland source
I. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ®No DNA
(it) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
Clean sand from upland source.
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes ❑No DNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
a.
If yes,
(it) Amount of material to be placed in the water 50 sa.ft.
(III) Dimensions of fill area l x 25'
IN) Purpose of fill
Fill in front of dwelling to aive sufficent room for tie -backs
controlled?
c. (i) Will navigational aids be required as a result of the project?
❑Yes ®No DNA
(it) If yes, explain what type and how they will be implemented.
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
NCW 50 sa.ft. ❑SAV _ ❑SB
❑WL _ ❑None
(it) Describe the purpose of the fill in these areas:
Fill in front of dwelling to give sufficenl room for tie -backs
backhoe, or hydraulic
Pile driver, skid steer
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
III) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
10/2/21 Revised 5/12M Debbie Wilson. Agent for CJ Bouchard
Date Applicant Name
RECEIVED ���� %l
C. J. Bouchard 235 Flonda Ave I/20ClLQ. WX4&,q'
Project Name MAY 15 20t2 Applicant Signature
e:52-808.2808 :: "88.4RCOAST :: www.nccoastalmanauement.ne4 revmvdg 12126iri6
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet
Access
Channel
Other
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
NWL)
Breakwater
shoreline
stabilization
Length
Width
-
—
Avg. Existing
Depth
NA
NA
Final Project
Depth
NA
NA
1. EXCAVATION, j9 This section not spplicablle
a Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. N Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SS),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feel affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
2. DISPOSAL OF EXCAVATED MATERIAL , �Thisseciioii not applicable
a Location of disposal area. U. Dlmensions of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No DNA
(it) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of disposal In these areas:
d. (1) WII a disposal area be available for future maintenaf�gft;`^EIVED
❑Yes ❑No DNA
III) If yes, where?
IAN a g 2...
f. (I) Does die disposal Include any area In the water?
❑Yes ❑No DNA DCM-MHD CITY
(It)Ifyes, how much water area is affected?
DEC 2 9 2021
VOID DCM WILMINGTON, NC
252-808.2808 :: 1.888.4RCOAST c: www-Mcoastalmanaaement net revised: 12/26106
Form 0CM MP-2 (Excavation and Fitt, Page 2 of 2)
s. anvtttLINP STABILIZATION
(1( d9veWinent lsa wood gnoin, uqq "p 4 _ SftctLMm)
a. Type of shoreline stabilization:
®Bulkhead ❑Ripmp ❑13reakwater/S10
c_ Average distance waterward OlEir NWL
2'
e. Type of stabilization material:
❑This section not applicaus
b. Length: 1 --
❑Other: _ Wig: 1'
d. Maximum distance waterward o HW I
g. Number of square feet of fill to Da placed below water level.
Bulkhead beckfll 226 ft. Riprap
Breekwater/Sill_ Other_
i, Source of fill material.
Upland source
f. W Has them been shoreline erosion during preceding 12
months?
❑Yes ®No ❑NA
(ii) It yes, state amount of erosion and source Of erosion amount
information.
h_ Type of fill material.
Clean sand from upland source
4. OTHER FILL ACTIVITIES 0This section not appl�cabte
(Excluding Shorelme Stabdimtion)
a. (1) W01 fill material be brought to the site? MYM LINO ❑NA b. (I) Will to material be placed in waste, wetlands/marsh (CW1.
(if) Amount of material to be placed in the water 125 sa.R.
(iii) Dimensions of fitl area 5' x 25'
(iv) Purpose of fill
FIR in front of dwelling to anti suffirxent room for tie -backs
& GENERAL —
a. How will excavated or fill material be kept on
controlled?
C. (1) Will navigational aids be required as a m oft of the project?
❑Yes ®NO ❑NA
(ii) If yes, expiein what type and how they will be implemented.
suomerge aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet effected.
%CW 125se.ft.0SAV _ ❑SB
❑WL _ ❑None '
(i) Describe the purpose of the fill in these areas:
Fill In front of dwelling to give sufficent room for tie -backs
b- jl�-' type ypeof wr suucbon equipment will be used (e.g.. dragline.
ckhoe, or hydraulic dredge)?
Pik driver skid steer
d. (i) Will wetlands be ass nsporting equipment to project
aibe? ❑Yea ®g ❑NA,CEIVED
(ii) If yes, explain steps Net will be taken to avoid or mi i
environmental impacts.
S 2022
10t2f21 - patibDebbieWYson Agent for CJ Bouchard CITY
Date Applicant Name
J. BgueJwm >'es FI rMa A
Project Name Apptcahi Signature ry.� 2fj2i
DEC J
,.-rntJ. NG
252-808-2806 :: 1.888.4RCOAS7 : www.nccoastalmana0amen �`^).Jj �r f2128106
RECEIVED
MAY l 5 2122
DCM-MHD CITY
- z
Proposed Bulkhead
m g
mo
Q,
�— Myrtle Grove Sound-3CL
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0
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rn
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y
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F y
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Existing
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y
Escarpment
y
i y
Y
y
y y
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Highground
= I
y
y
y
( y
W \ NHW
1 y
y
� y
Tie -back
V
y y
Area
v
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11' - 12'
y
y
Wide
+
Marsh y
ya
� y
y
Proposed
I BulkWated
y
y
rward
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of Existing
y
y
Mc
y
y
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P
L
NHWy
Existln
Robert & Su Lou Wellons
233 Florida Ave.
Carolina Beach, NC
7'5' Tie -back Area
Claude "CJ" Bouchard
235 Florida Ave.
Carolina Beach, NC
Dwelling
Tie -back
Area
11
Claude "CJ" Bouchard
235 Florida Ave.
Carolina Beach, NC
New Hanover County
Drawn By: Debbie Wilson
10/2/21 Scale: 1" = 10'
Sheet 3 of 5
Revised 5/12/22
= New Bulkhead 2'
Waterward of
Existing Authorized By
CAMA GP #80304-D
= Proposed Bulkhead
= Proposed Bulkhead
Lengths
David & Sue Raynor
237 Florida Ave.
Carolina Beach, NC
RECEIVED
MAY I � Proposed Floating Dock
DCM-MHD CITY
Q - Myrtle Grove Sound / Carolina Beach Yacht Basin
I
Pier Head
Line
I D�a
O — 0
®'yam ,9 i 25' I a
6• O D I 31 I ISYI O
Docking 811
DockinIng
Facility Z Fac
Selnack �BalDack
3 ,
B
Borka J.6-
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Claude "CJ" Bouchard
235 Florida Ave.
Carolina Beach, INC
New Hanover County
Drawn By: Debbie Wilson
12/6/21 Scale: V = 20'
Sheet 4 of 5
Revised 5/16//22
ss = New Structures Authorized Under
CAMA GP #80304-D and
CAMA GP #85400-D
= Currently Proposed Structures
0= Slip Numbers
❑ = Water Depths Relative to NLW
aaeon a su ew wfwne 235 F Ca' 9 eme Ma s auearym
n] aoma Aw IDS Fmnoo MO E1] Plflpf Ay
Coroenp BfuN. NC GFOJhna 0N[ K G mOfN.K
O.mn�o
Application Review Checklist Letter A 75
1. i \ Placard Comment
Applicant ��OVf�-- �J rvtJ Pub A Comment
Computer I A
Agent ���;� ���0.-s Deficiency Letter?
C DWR ACK Date ,t �/ /' 2 DWR Statements
Physical Address 2� 7 �o L� �y, Gj� C f� 1 )a &Vbt-. go'e'L Field Rep.
i
AECs Habitat n, ! C / n Development
jC-VJr�T/F�LL-j Designations a 4C(656 Buffer
Riparian Notification? Green Card? Signed Form? Obj Waive 15' Fee Schedule IUV
Water /
Dependenty
Deed?
Raparian rights
From Property line
Nav/Channel Proximity
FT calculations
ISSUES OF NOTE
Residential Commercial
8ft'or 27ft' N/A
PH or
1/4 width?
6xp��G U I. 2 `( sly Kpl loa bake )-s'twJ
1,;,222 4
? 5 1:r --� L-t s 1-Y
C,6a isx\3' n� 60ce- C � $' x Liar►o-fir (�'uus>^��
Major Development
Excavation/Fill
Applicant
Address
County
Physical Location including
MP Forms
Dates
Drawings
# Drawings & Dates
Development Types
Including Conditions
and Notes
DWR 401 Certification #
Permit Fee
Permit Checklist
Permit #
MP1 MP2 MP3 I MP4 MPS
USACE SAW #
Additional Comments On Back
a
Existing Structures
�— Myrtle Grove Sound—�
' I
y
y
�
y
y
I
y
y
/
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a
Marsh
y
y
Old Remnant
y
ik Bulkhead
y
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y
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JNLW
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xjsting
Escarpment
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y
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y
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iYl y
y
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y
P
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lu
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NHVU EXI-6
Robert & Su Lou Wellons
233 Florida Ave.
Carolina Beach, NC
7
Claude TX Bouchard
235 Florida Ave.
Carolina Beach, NC
Dwelling
I&I
11
Claude TX Bouchard
235 Florida Ave.
Carolina Beach, NC
New Hanover County
Drawn By: Debbie Wilson
10/2/21 Scale: 1" = 10'
Sheet 2 of 5
David & Sue Raynor
237 Florida Ave.
Carolina Beach, NC
ReCEIVED
DEC 2 .g
Rscsvle®
WA % � Vil
®GO OND GIN
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0
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0
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Floating Dock
X-Sections
JHW
JLW
Bottom
Contour
Proposed
Bulkhea
Existing __-_
Bottom
Contour
xisting Grade
fill & i
e-r d I
Area Deadman
— 20'
Tie -back Area
Existing
—Bulkhead
Typical Bulkhead X-Section
Claude "CJ" Bouchard
235 Florida Ave.
Carolina Beach, NC
New Hanover County
Drawn By: Debbie Wilson
10/2/21 Scale: 1" = 10'
Sheet 5 of 5
RECEIVED
JAN 2 s 2022
DCM-MHD CITY
Proposed Bulkhead
m
0
�— Myrtle Grove Sound —�
a
0
V
7
f
y y y I
W
y
E� xisting 1 W y y
y Escarpment y 1 k
y i'
y i y
y i Highground = I y
y + I
( y y
y Ik
W V NHW I yIV
W
+w
y
Ik y
� y v
Tie -back y y
Area y y
11' - 12' T
Wide (� y Marsh y ya
y
y y y
Proposed
I i Bulkhead
of Existina
Robert & Su Lou Wellons
233 Florida Ave.
Carolina Beach, NC
y �' NH Existing w o y
5—Bulkhead
7 5' Tie -back Area
Claude "CJ" Bouchard
235 Florida Ave.
Carolina Beach, NC
Dwelling
Tie -back
Area
VOIC
1e
Claude "CJ" Bouchard
235 Florida Ave.
Carolina Beach, NC
New Hanover County
Drawn By: Debbie Wilson
10/2121 Scale: 1" = 10'
Sheet 3 of 5_
--.+= New Bulkhead 2'
Waterward of
Existing Authorized By
CAMA GP #60304-D
= Proposed Bulkhead
= Proposed Bulkhead
u ;'Dare. Lengths
David & Sue Raynor
237 Florida Ave.
Carolina Beach, NC
PECEN;ED
DEC 2 ,9
DCM WILMINGrpN ,Ur;
RECEIVED
3 ^\N 2 6 2022
DCM_MHD CITY
Proposed Floating Dock
i Myrtle Grove Sound / Carolina Beach Yacht Basin-P
R
a
s
0
Claude "W" Bouchard
235 Florida Ave.
Carolina Beach, NC
New Hanover County
Drawn By: Debbie Wilson
12/6/21 Scale: 1" = 20'
New Structures Authorized Under
CAMA GP #80304-D and
CAMA GP #85400-0
Currently Proposed Structures
= Slip Numbers
Water Depths Relative to NLW
VOID
RECEIVED
DEC 2 9 2011
DCM WILMINGTON, NC
RECEIVED
SPIN )� g 2922
DCM-MHD CITY