44-21Minor Mod Wall, Dan

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
April 6, 2022
MEMORANDUM
TO: Cameron Luck
Assistant Major Permits Coordinator, MHC
FROM: Katharine Elks n )
Field Representative, Wilmi
THROUGH: Tara MacPherson t
District Manager, Wilmington
DATE: April 6, 2022
SUBJECT: Modification Request for State Permit # 44-21
Dan Wall, 7 Sounds Point, Figure Eight Island, New Hanover County
Overbeck Marine Construction, on behalf of Mr. and Mrs. Dan Wall are requesting a minor modification to State Permit
# 44-21. State Permit # 44-21 was originally issued to Dan Wall on April 13, 2021 to construct a new four (4) slip
docking facility along Banks Channel, in Middle Sound, in Wrightsville Beach. State Permit # 44-21 is due to expire on
December 31, 2024.
The applicant is requesting a minor modification to State Permit # 44-21 to change the location of one of the authorized
boatlifts to accommodate the bow of a larger vessel. According to the drawing submitted with the modification request,
received on February 11, 2022 the authorized 13' by 13' boatlift would be relocated from the existing slip on the
landward side of the floating dock to the eastern end of the floating dock. The lift would be oriented so the bow of the
vessel is perpendicular to the shoreline. As indicated on the drawing received on March, 29 2022, pilings would be
installed along the landward side of the eastern floating dock, in the original lift location to keep the authorized slip
count the same. Any additional expansion of slip count would necessitate a shellfish closure due to the combined
number of slips within 100' of this docking facility. No additional Estuarine / Public Trust incorporation is requested,
and the adjacent waters are NOT designated at Primary Nursery Area. According to the application for State Permit #
44-21 the water depths along the waterward edge of the floating docks are around -8 NLW. The proposed lift location
would not encroach over the pier headline nor into the 15' riparian setback and would adhere to the quarter width rule,
extending approximately 36' into the approximately 240' wide water body.
The agent has submitted a check (check No. 5540) in the amount of $100 for the modification request. As proposed,
this office has no objection to the proposed project modification as long as there are no objections from other the
agencies to this proposal. It appears that the project continues to be CONSISTENT with the use standards set forth
in NCAC 07H .0208(b)(6).
By copy of this memo, DCM is requesting that USACE and NC DWR provide any comment that your agency
may have on the proposed project to Cameron Luck of DCM's Morehead City office within 14 days of receipt
of this memo.
cc: WiRO File USACE Christine Bouffard, New Hanover County
NC DWR, Holley Snider
�FQ-:!:'no
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

Overbeck Marine Construction, Inc
3506 Tall Pine Ct.
Wilmington, NC 28409
Daniel (o)overbeckmarine.com
910-386-8883
March 22, 2022
Re: Wall Project
7 Sounds Pt
Wilmington, NC 28411
Dear Katharine,
We are requesting to modify MP 44-21 for Mr. & Mrs. Dan Wall at 7 Sounds
Pt on Figure Eight Island. The existing permit allows for 2 boat lifts on the
bulkhead side of the floating dock. The lift on the west side has already been
installed but our clients would like to change the position of the boat lift on the east
side to accommodate a longer vessel. We would like to move the position of the
boat lift to the east end of the floating dock, perpendicular to the floating dock. We
have attached a drawing showing the proposed changes. The proposed work would
fall within the riparian corridor and both of the adjacent property owners have been
notified.
Please let us know if you need any further information or clarification for the
proposed project. Thank you for your assistance in review of this modification.
Sincerely,
Daniel Shirley, agent
Overbeck Marine Construction, Inc
910-386-8883
[e-mail]
RECEIVED
MAR 2 4 2022
C3CM Wll-MINGTON, NC

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: --14AJ C /VAAJ!/ _ t/A.u-
Address of Property —1 J p tNVLIe,
pl—
Mailing Address of Owner: 370? �✓rtuAfr+S.�2muG/+ C . J2M61Gfh.NC, 27(n0 f
Owner's email: AfAAtCYAAk4— btl /' foM4rt. Owner's Phone#:
Agent's Name:
h Arv/vfL �l<racG�
Agent Phone#:
110 - 3?&
Agents Email:
b~ytr. @ 49V4-Ai3eC4C1wr1oevC,
Cowl
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
descri do or drawing, wi 'me sions must be provIded with this letter.
I DO NOT have objections to this proposal. 1 DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. DCM representatives can also be
contacted at [phone]. No response is considered the same as no objection if you have been
notified by Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15'setback
Signature of
-OR-
i do nut wiaii to waive the 1.5'seibduk reyuiremeut (uiitial Ulu
Signature of Adjacent Riparian Property
Typed/Printed name of ARPO:
Mailing Address of ARPO:
ARPO's email 46i9nlN'r 737(03 ®i445440ft Phone#: 47%0
Lr Nc.
z8Vc.;t5—
Date: zoiazwawer is valid for up to one year from ARPO's Signature'
Retintsi'luly ,wI
RECENED
FFB 1 1 ?"'?
DOM WILMING T ON, NC

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
CERTIFIED MAIL RETURN RECEIPT R -QUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name or Property Owner. -. 4AJ w NhN __ %t/QU
Address of Property: �_ SrOreNis<
Mailing Address of Owner: 3V0 /wA Jf9lGpuoi+ Cr, /r)_C+3t61i1/tJ�.,,,_ 276r09
Owner's empil: uq,vcytyRt.(_ fill Gagrt. Owners Phone#:
Agent's Namo: ,V,&L SE Ra Agent Phone#: 9y0
Agent's Entail: ,-A4 /,VL. @ 0V[.A3EGicAA4i" C, Corti.
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom Portion to be ggmptated by the Adjacent Property Owner)
I hereby certify that 1 own property adjacent to the above referenced property. The individual applying for this
permit has described to me. as shown on the attached drawing, the development they are proposing.. A
gf-§cripGon or dra= w ih dimen;ions must be provided with this letter.
I DO NOT have objections to this proposal. — I DO have objections to this proposal -
it you have objections to what Is being proposed, you mn51 notify the N.C. Division of Coastal
Management (OCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive Ex/ Wilmington, NO 28405-3845. DCM representatives can also be
contacted at [phone]. No response is considered the Same as no objection if you have been
notified by Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, moving pilings, boat ramp, breakwater, boathouse, lift. or
groin must be set back a minirnum distance of 15' from my area of riparian access unless waived by me
(this does rot apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below,)
1 UO vnsn to waive some/all of the 15' selback
OR
I do not wLMI to wr)iqu lilt i Y suibdck reyuati'mIt III dial If IV
Slgrawre of Adtacont Riparian Propony Ownon _
Typed/Printed name of ARPO: ?f. j':( , � .
Mailing Address ofARPO:�%t%Y, /`-'o-t� - "J`�d�.-._J.SIi?�-_v�/p �,..�Rs" yvG.. q,7S
ARPO's Ir I' vC e,/a
j/1 p7-jC[,-' . J� Rhos Pnena#.
Date.: _��(_ jJ.1 6+�. --..._.._'waiver ir. valid for up in one yeat Lam ARPO's Signnlun:'
` Nr q lm"I Jufir .NMI
RECEIVED
FEB 11 2022
DCM WILMINGTON, NO

Elks, Katharine B
From: Haines, Andrew
Sent: Friday, April 1, 2022 2:09 PM
To: Elks, Katharine B
Cc: Humphrey, Jeremy; Brannigan, Kelly E
Subject: RE: 6 & 7 Sounds Point Road Dock Expansion Proposals
Follow Up Flag: Follow up
Flag Status: Flagged
Thanks Katharine,
We've had a chance to take a look at these revised drawings, and everything looks good to us. Thanks for bringing these
items to our attention and for facilitating a resolution! Have a good weekend
Andy
Andrew Haines
Environmental Program Supervisor II
Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section
Department of Environmental Quality
252-808-8149 office
andrew. haines(a)ncden r.gov
PO Box 769
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Elks, Katharine B
Sent: Wednesday, March 30, 2022 1:43 PM
To: Haines, Andrew <and rew. haines@ncden r.gov>
Cc: Humphrey, Jeremy <[e-mail]>; Brannigan, Kelly E <[e-mail]>
Subject: RE: 6 & 7 Sounds Point Road Dock Expansion Proposals
Thanks Andy,
Attached are the revised drawings for your review.
Katharine Elks
Katharine Elks
Field Representative - Wilmington Regional Office
NC Division of Coastal Management
Department of Environmental Quality
[phone]
127 Cardinal Drive Ext
Wilmington, NC 28405

- ->' Nothing Compares.,..,
M�W
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Haines, Andrew <[e-mail]>
Sent: Wednesday, March 30, 2022 8:16 AM
To: Elks, Katharine B <[e-mail]>
Cc: Humphrey, Jeremy <[e-mail]>; Brannigan, Kelly E <[e-mail]>
Subject: RE: 6 & 7 Sounds Point Road Dock Expansion Proposals
Thanks Katharine! This sounds good to me, although as you mentioned, we'd definitely like to review the revised
sketches before providing our final feedback. Thanks for the followup, and I hope you have a good Wednesday!
Andy
Andrew Haines
Environmental Program Supervisor II
Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section
Department of Environmental Quality
252-808-8149 office
andrew. hainesCoincdenr.gov
PO Box 769
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Elks, Katharine B
Sent: Wednesday, March 30, 2022 7:27 AM
To: Haines, Andrew <[e-mail]>
Cc: Humphrey, Jeremy <[e-mail]>; Brannigan, Kelly E <[e-mail]>
Subject: Re: 6 & 7 Sounds Point Road Dock Expansion Proposals
Good morning all,
I spoke with the agent for 6 Sounds Point and the back (landward side) of the newly proposed 40' float won't be
used as a slip. They have agreed to install pilings along the back side. The agent said that the property owner's
intentions are to deter fishermen from fishing along his bulkhead. Similarly, the agent at 7 Sounds Point has
agreed to install pilings along the back of the east side of the float. These changes would give a max of 4 slips at
7 Sounds Point and a max of 6 slips at 6 Sounds Point. I will send the revised drawings when I receive them. I
think these revisions should prevent a closure but please let me know if I'm missing anything.
Thanks,
Katharine
Katharine Elks

Field Representative - Wilmington Regional Office
Division of Coastal Management
Department of Environmental Quality
[phone]
From: Elks, Katharine B
Sent: Tuesday, March 29, 2022 10:09:18 AM
To: Haines, Andrew <[e-mail]>
Cc: Humphrey, Jeremy <[e-mail]>; Brannigan, Kelly E <[e-mail]>;
MacPherson, Tara <tara.macpherson@ncdenr.¢ov>
Subject: RE: 6 & 7 Sounds Point Road Dock Expansion Proposals
Hi Andy,
Thank you for the information. I'll go back to the contractors and see how they want to proceed.
Katharine Elks
Katharine Elks
Field Representative - Wilmington Regional Office
NC Division of Coastal Management
Department of Environmental Quality
[phone]
127 Cardinal Drive Ext
Wilmington, NC 28405
!`/''Nothing Compares_-,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Haines, Andrew <[e-mail]>
Sent: Tuesday, March 29, 2022 9:35 AM
To: Elks, Katharine B <[e-mail]>
Cc: Humphrey, Jeremy <[e-mail]>; Brannigan, Kelly E <[e-mail]>
Subject: 6 & 7 Sounds Point Road Dock Expansion Proposals
Good morning Katharine!
Thanks for passing along the information on the two Sounds Point Road projects. We've been looking through the two
plans, and at least with the layouts that have been provided so far, it is likely that these two projects, when considered
in combination, will necessitate a prohibited buffer closure. Based on our marina rule and policy, the slip counts at two
docking facilities within 100 feet of each other will be combined when determining if a closure is necessary or not. In
this case, it appears that the two proposed docks will be within 100 feet of each other, and will combine to total 12 slips,
which would require that a closure extending 100 feet in all directions from the outer -most slips be put in place.

If these two docks can be separated by more than 100 feet, or if the combined slip total can be reduced to 10 or less,
then a closure can be avoided. I hope that provides you with the information that you need, but please feel free to
reach out to us with additional questions or for clarification on the items we've described above. Thanks, and have a
good rest of the week!
Andy
Andrew Haines
Environmental Program Supervisor II
Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section
Department of Environmental Quality
252-808-8149 office
andrew.haines(ftcdenr.gov,
PO Box 769
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

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