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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 � z n _ m < n o N m N 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��\ �E _'.. _ 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) atq-Q3t-I5'I TebabtaurtZ�ber 116 ta>mima wc ftwin P/rope_M OOwaw Tmfw=x ten) 5wzM8 b>�,tr�•d I�w n�er" Poet arT"G msme • i it I 1 i a °zrca v"vq m'A"'9a"'a.u'c;°°°"°t°lamas DEC 06 2021 R aW 9%79&7M%FW 910.*5-Mk' aai w.m � 1tU%PartdaaaarPltpQ 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. 'Sp- Lot —I. Wb� I?, Is ddvTj�,,, ffidAlfrmn ftm.11 YES, =aildrembilow. 1 ❑0 Van 13 No — HIM 1111111111111111111111119 Ii 111111 29 9691b 64W*22 96�12­95tAechssdiw 104 13 CwsWdMa1aeWAm1D" QcOuvamn*m . lanaftinpa*tft 71318 - 11311 DOD' 13bJ31 4 I PS Fbrm 315 1 1* jmygu)b pm7eso-o� pmesua Behan Reoe1pC! 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= D. md Sk Lot,. ?.i 0' a Ox III fil 11111111111 oil 111111111111111111 .13Adftft 13Mtdft 9590 9402 4922 9032 9504 29 13CEWftd El GWdj 13 OnUedv 7018 11311 0002 13DE13. 8114 1:1 Agent 13 No RECEIVED 3AN 2 9 2022 j)CM-MH D CITY Ch L3 2m=" umn.#f" '000 0 0 a A 7 T LOCATION MAP Snows Cut ANNIE DRIVE SPENCER FARLOW DRIVE SILVER SLOOP WAY PENINSMA DRIVE z ` KEYS LAME ate. LEWfSDRIVE Y a o JARRETT RAY $rRTRq��R,� � tii P°PO Y p�� PQ NOJ� 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 .I 0 V rn w W y y Bulkhead y � F y y v y I W y W \V y t W y Existing ylk y Escarpment y i y Y y y y y; Highground = I y y y ( y W \ NHW 1 y y � y Tie -back V y y Area v `V m 11' - 12' y y Wide + Marsh y ya � y y Proposed I BulkWated y y rward �' of Existing y y Mc y y y 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- O 40' I X A I, P 5.. 13' qO iLL' u 1 I i • e I Y T.Q Y v- ♦ v x LL • Y Enennp Fsorymrni �- v v � 1 e v v z + s y Y ♦ ♦ a v 14' a Y LL i Y � v 1 v TW•Dack � • v Araa Y Y� �Wido v ufrsn Y • • 0 ] b.a a. n s 0 d m 0 0 a If 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 / 00 y m a Marsh y y Old Remnant y ik Bulkhead y � y y y y y qr ill W JNLW �E xjsting Escarpment W — y IT W y y w �! I y y, y f y y 7` W W + �f y W y w y y IL ly y y y y y Marsh y y Y y iYl y y z y P CD lu I V L 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 D O 3 z G) 0 z z 0 m X C-) 0 kIV m m ti Q k 40' 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