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132-17 Pier 33 LLC
Permit Class NEW (Express Permit Program) Permit Number 132-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission vermit RECEIVED NOV 2 7 2017 DCM_ MHD CITY for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Pier 33, LLC, c/o Thomas Saieed, 3301 Benson Drive, Suite 103, Raleigh, NC 27609 Authorizing development in New Hanover County adj. to the Cape Fear River, 901 Nutt Street, Wilminglog, NC , as requested in the permittee's application dated 10/11/17. incl. attached workplan drawings (2), all dated 10/5/17. This permit, issued on November 21, 2017 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Urban Waterfront Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction shall be evaluated on a case -by -case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. (See Attached Sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. �. o'(z—Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Pier 33, LLC Permit No. 132-17 Page 2 of 2 ADDITIONAL CONDITIONS Stormwater Management 3) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 4) A stormwater management permit from the City of Wilmington, acting on behalf of the Division of Energy, Mineral and Land Resources, shall be required for the authorized project. A copy of the stormwater management approval shall be obtained and a copy provided to the Division of Coastal Management prior to the initiation of any development activities authorized by this permit. Sedimentation and Erosion Control 5) All disturbed areas shall be properly graded and provide a ground cover sufficient to retain erosion shall be established within thirty days of project completion. 6) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. NOTE; The permttee has received a sedimentation and erosion control permit (Permit # GP 11-15) from the New Hanover County Department of Engineering for this project. General 7) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily. 8) The permittee and/or his contractor shall meet on site with a representative of the Division prior to project initiation. 9) This permit shall riot be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: An express permit application processing fee of $2,000 was received by the Department of Environmental Quality for this project. VV DIVISION OF COASTAL MANAGEMENT EXPRESS APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Pier33, LLC PROJECT NAME: Pier 33 Condominiums COUNTY: New Hanover County LOCATION OF PROJECT: 901 Nutt St, adjacent to the NE Cape Fear River, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-11-17 FIELD RECOMMENDATION: Attached: No CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Debbie Wilson DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 10-20-17 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: Z�11LS MAIL OUT DATE:10-17-17 FEDERAL DUE DATE: To Be Forwarded: To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D:$2000/#1396 END OF NOTICE DATE:11-10-17 DEED R 'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 11-10-17 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: NOTES YES NO i -4 Q} Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways RECEEWED Wildlife Resources Commission Local Permit Office OCT T 9 2 117 Division of Marine Fisheries / DCM Corps of Engineers NC Division of Coastal Management EXPRESS Major Permit Application Computer Sheet MHC cc HC AEC CIF River Fee: $2000 #1396 Applicant: Pier 33 LLC Agent: Dewitt Carolinas c% Steven Beattie NY Project Site County: New Hanover Staff: Debbie Wilson trict: Wilmington Project Name: Pier 33 Rover File: River Basin Cr E e1?1t Initial date of application submittal to WiRO: 10-11-17 Date application "received as complete" in the Field office Permit Authorization: MA Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes PIN9 I PNA: Yes No Photos Taken: Yes ❑ No Setback Required (riparian): ❑Yes ZNo Critical Habitat: UYes VJNo ❑Not Sure 15 foot waiver obtained: ❑Yes PNo Hazard Notification Returned: ❑Yes ;!�(Jo SAV: ❑Yes o Not Sure Shell Bottom: []Yes No ❑ Not Temporary Impacts: ❑Yes XNo Sure Sandbags: []Yes KNo ❑Not Sure Did the land use ca sification come Mitigation Required (optional): from county LUP: �es ❑No ❑Yes oNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ❑No ONA ❑Yes ❑NoTTTTTT _ FT. Shellfish Area Desi nation: Project Description: (code) Development Area: (code) Open -or Closed SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) (Jurisdictional wetlands) (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass ❑ (SY) Salt reed grass (Spartina altemiflora) (Spartina cynosuroides) ❑ (DS) Salt or spike grass ❑ (SC) Bullrush or three square ❑ CM Cattail (Typha sp.) (Distichlis spicata) (Scirpus sp.) El (JR) Black needlerush ❑ (SP) Salt/meadow grass (Juncos roemerianus) (Spartina patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private wl D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major El Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 X Express P - $2000 acre; 3490 can be applied - $400 RECE IVED RECEIVED - Major ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill-$400 OCT 18 2017 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs pC�_ MHD CITY DWQ agreement - $400 Pier 33 LLC 10-11-17 Descnbe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New WorkA Replace /�� D Maint ❑ ❑ Y N gwA.slow �� N-/ New Work Replace r Maint ❑ ❑ Y / New Work Replace Maint ❑ ❑ Y N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Woii= Replace Maint ❑ ❑ Y ❑ N New Work 0 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. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount G Dredge ❑ Fill ❑ Both ❑ Other Z23 ZZ Jr, , f Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ OCT 19 2017 DCM- MHD CITY 919.733-2293 :: 1-888-4RCOAST :: www.ncecastaimanaaement.net revised: 10112/06 FLt ZS(;MtUULt Development Type Fee DCM % DWR % (14300160143510 9316256253 2430016024351000952341) 1. Private, non-commercial development that does not involve the filling or excavation of �4�1 wetlands or open water areas: 2 5 100%($250) il, Public or commercial development that —5. das not involve the filling or excavation of arn, wetlands or open water areas: 100% 1$400) ;So) III For development that involves the filling and/or excavation of up to I acre of wetlands andlor open water areas, determine if A, B, C, or D below applies III(A), Private, non-commercial development, if General Water Quality Certification No 4097 (See attached) can be appiied: $250 100%($250) 0%($0) III(B). Public or commercial development, if General Water Quality Certification No 4097 (See attached) can be applied $400 100%($400) III(C). If General Water Quality Certification No 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWR concurrence is needed because of concerns related to water quality or aquatic life $400 1 60%($240) 40%($160) III(D) if General Water Quality Certification No. 4097 (see attached) cannot be applied: $400 60% (S2401 40° fS160) IV Development that involves the filing and/or excavation of more than one acre of wetlands arid/or open water areas: $475 60%($285) 40%($190) p9/2/15 DEPARTMENT OF EN"ItONMENTAL QlTALlrl`V CASH RECEIPTS JOURNAL VOUCHER WITH SUMMARY Page _ol_ DOCUMENT 10: - I Deposit Date: 1 O/13/ZO17 Budge( Code: 24300 APP. CODE. O GL EFFECTIVE DATE: DIVISION DEQ-WIRO EXPRESS DATA TYPE CODE: a Deposit No.: FEMME OFFICE USE Llne No, COMPANY ACCOUNT CENTER AMOUNT OR OR LINE DESCRIPTION ACCT RULE 1 1602 435100096 2356 4,000.00 Exp. Stormwater 2 1602 435100095 2356 Exp. 401/Wetlands 3 1602 435100093 2356 2,000.00 Exp. CAMA 4 1602 436400024 2356 Exp. E&SC 5 1602 435400024 2735 LID Acreage 6 LU 8 9 10 11 12 13 14 Justification: SEE BACK FOR PROJECT LISTING J Prepared by: Cameron Weaver`s PFII/) NAME Approved by: V ,Q Entered by: Phone No 910-796-7303 Date: Date: DETAIL CHECK LIST IS ON BACK OF FORM FOR LISTING CHECKS INDIVIDUALLY TOTAL DEBITS $ TOTALCREDITS $ 1 6,000.00 DETAIL CHECK LIST CHECK NO. PAVOR/VENDOR NAME AMOUNT DESCRIPTION 208529 City of Jacksonville 2,000.00 SW8950417 Jacksonville Commons 14168 Commercial Site Design 2,000.00 SW8171005 McDonald's Morehead City 1396 Pier 33 LLC 2,000.00 Pier 33 LLC Wilmington DCM Express I� — o N O G Fl/ $ DETAIL TOTAL DEBITS $ 1 6,000.00 DETAIL TOTAL CREDITS Back of Cash Receipts Journal Voucher with Summary 00, 1� Coastal Management ENVIRONMENTAL QUALITY October 17, 2017 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for Pier 33, LLC / New Hanover Co. ROY COOPER Govemor MICHAEL REGAN Secretary BRAXTON DAVIS Director Kyle, Heather, Adam: Please publish the attached Notice in the Friday, October 20, 2017 issue The State Office of Budget & Management requires anoriginal Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Sincerely, C� Shaun K. Simpson Permitting Support & Cust er Assistance Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM RECEIVED OCT 19 2017 State of North Carolina I Environmental Quality I Coastal Management DCM- MHD CITY 127 Cardinal Drive Ext.. Wilmington, NC 29405 910-796-7215 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 application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: October 11, 2017, Pier 33, LLC proposed to construct retail / residential condominiums at 901 Nutt St., adjacent to the NE Cape Fear River, in Wilmington, New Hanover County. A copy of the application can be examined or copied at the office of Debbie Wilson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796- 7266) 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 November 10, 2017 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED OCT 19 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Em., Wilmington, NC 28405 910-796-7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Pier 33, LLC. c/o Thomas Saieed 2. LOCATION OF PROJECT SITE: Project site is located at 901 Nutt Street, in Wilmington, adjacent to the Northeast Cape Fear River, New Hanover County. Photo Index - 2006: 204-6659; N, 19-22 Lat: 34°14'39.69' N Long: 77°57'02.69"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/13/17 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — Complete 10/11/17 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington / New Hanover County Land Classification From LUP — Conservation / Urban (B) AEC(s) Involved: ES, PT (C) Water Dependent: No (D) Intended Use: Commercial / Residential (E) Wastewater Treatment: Existing — City Sewer Planned - City Sewer (F)Type of Structures: Existing — Bulkhead and concrete sidewalk Planned - Retail/Condominium Buildings, parking deck, sidewalks, paver plaza and road extension. (G) Estimated Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands §404 wetlands (B) Non -Vegetated Wetlands Other — High ground 223,898 sq. ft. (disturbed) (D) Total Area Disturbed: 223,898 sq. ft. (5.14 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to construct residential condominiums, retail space, parking deck, sidewalks, associated amenities and the extension of Nutt Street. RECEIVED OCT 19 2017 DCM- MHD CITY Pier 33, LLC. Page Two 9. PROJECT DESCRIPTION The project site is located at 901 Nutt Street, adjacent to Riverfront Marina which is part of the old Almont Shipping Terminals property adjacent to the Northeast Cape Fear River in downtown Wilmington in New Hanover County. To locate the property from WiRO turn left onto Market Street and travel approximately 0.38 miles to US 74 west/Martin Luther King Jr. Parkway. Turn right onto US 74 west/Martin Luther King Jr. Parkway and travel approx. 5.41 miles to North 3rd Street and travel approx. 0.17 miles to North Front Street. Turn right onto North Front Street and travel approx. 0.34 miles to Brunswick Street and turn right. Travel approx. 0.04 miles to the intersection of Brunswick and Nutt Street. The property of interest will be the vacant parcel straight ahead between Nutt Street and Riverfront Marina. The applicant's property consists of two vacant parcels totaling approx. 6.63 acres (Tract 1 is 4.8 acres and Tract 2 is 1.83 acres). The combined shoreline length of both parcels is approx. 1,011.85 linear feet which was bulkheaded as part of the Riverfront Marina project. The average elevation of the project area is approx. 6' above normal high water (NHW). The parcels are only sparsely vegetated with grass and there are no wetlands (Coastal or §404) on site. There is an existing concrete sidewalk which runs along the western edge of the property adjacent to the marina. The project site was originally part of CAMA Major Permit #44-07.which was originally issued to Riverfront Marina on 3/30/07 and modified on 11/9/15 for redevelopment of the old Almont Shipping Terminal site and included Tracts 1, 2, 3 and 4. The subject property (Tracts 1 and 2) were sold to Pier 33, LLC on November 24, 2014. The subject parcels are also under review by the NCDEQ Brownfields Program due to prior contamination from the shipping terminal. According to the applicant, a storm water management plan application was submitted to the City of Wilmington on September 7, 2017.for review. On September 19, 2017, New Hanover County issued Grading Permit #11-15, Revision #1 for sedimentation and erosion control. The Wilmington -New Hanover Land Use Plan classifies the area of the project site as Conservation/Urban. The waters of the Northeast Cape Fear River are classified as SC by the Division of Water Resources. The Division of Marine Fisheries classifies the waters within the Northeast Cape Fear River as Primary Nursery Area (PNA) and it is closed to the taking of shellfish. The Division of Coastal Management has deemed this area as Urban Waterfront. PROPOSED PROJECT: The applicant proposes to construct residential condominiums, retail space, parking deck, sidewalks, associated amenities and the extension of Nutt Street. As proposed, two (2) buildings (one residential and one retail) would be constructed on Tract 2. No development is currently being proposed on Tract 1. The applicant is proposing to construct a stand-alone, single story 3,355 sq. ft. retail building in the northeast comer of Tract 2. The entire area around this structure would be covered in brick pavers. This structure would be located well landward of the 75' Area of Environmental Concern (AEC). RECEIVED OCT 19 2017 DCM- MHD CITY Pier 33, LLC. Page Three The applicant is also proposing a six (6) story "U-shaped" main building which would have mostly retail space and 13 residential condominium units on the ground floor and 273 residential units on the five floors above. Located in the center of the "U" on the Nutt Street side of the building would be a parking deck. The overall footprint of this structure is approx. 99,429 sq. ft. of which, approx. 16,306 sq. ft. would be located within the 75' AEC. As proposed, a courtyard area would be located on the ground floor on the northwest end of the building and on the southwest end would be a pool and courtyard area. A retaining wall is also being proposed between the existing concrete Riverwalk and the main building and according to the applicant's agent, will probably be constructed of concrete (see Sheets 1 & 2 of 2). The application states that, the area between Tract 1 and 2, measuring approx. 66' in width by 156' in length has been dedicated to the City of Wilmington and will have brick pavers installed in the entire area in order to create a "walkway plaza". The applicant is also proposing to extend Nutt Street between Brunswick Street and Harnett Street with approx. 20,834 sq. ft. of new asphalt and approx. 16,228 sq. ft. of new concrete sidewalk on each side of the road extension. Once completed, the application states that the road extension will be dedicated to the City reducing the size of Tract 2 from 4.8 acres to 3.85 acres in size. 10. ANTICIPATED IMPACTS: The proposed development would temporarily disturb up to 5.14 acres of high ground of which 46,873 sq. ft. (buildings=16,306 sq. ft.; sidewalks = 6,179 sq. ft.; pavers = 2,279 sq. ft.) are located within the 75' AEC and the 30' Coastal Shoreline Buffer; however, this area has been deem as Urban Waterfront. Approx. 331 sq. ft. of the proposed paver area is to be dedicated to the City of Wilmington upon completion. The overall built upon area break down is 102,785 sq. ft. for the proposed buildings; 37,235 sq. ft. for the proposed sidewalks; 20,834 sq. ft. for the proposed asphalt, and 14,743 sq. ft. for the proposed pavers. No in water work and no development on Tract I is being proposed at this time. Submitted by: Debra Wilson Date: October 16, 2017 Office: Wilmington RECEIVED OCT 19 2017 DCIW- MHD CITY PIER 33 SITE 715 and 901 NUTT STREET, WILMINGTON NORTH CAROLINA NARRATIVE The Pier 33 project consists of proposed upland development only within a 75-ft Estuarine Shoreline Area of Environmental Concern. This area is part of a recently expired State of North Carolina Department of Environment and Natural Resources and Coastal Resources Commission Permit, Number 44-07, originally issued on 3/30/2007 to Riverfront Marina c/o City Marina of Wilmington, LLC for the redevelopment of the old Almont Shipping Terminal site along the Northeast Cape Fear River. The permit has had multiple permit holders over the years, and has been revised/modified multiple times. The original permit as it applied to upland development stated that unless specifically altered herein, the permit authorized only the land disturbing associated with establishment of the Riverfront Marina facility, including the construction of a dockmaster building, all as expressly and specifically set forth in the permit application and workplan drawings. Any additional land disturbing activities and/or construction shall be evaluated, on a case -by -case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. In 2014, Tract 1 parcel (715 Nutt Street, Parcel ID R04716-001-014-000) that consists of 4.8 acres, and the Tract 2 parcel (901 Nutt Street, Parcel ID R04716-001-016-000) that consists of 1.83 acres, were purchased by Pier 33, LLC. Pier 33, LLC. has rescinded from inclusion in Permit 44-07 and request that both parcels be included under a new CAMA major permit. Tracts 3, 4, and the Marina Tract would remain under Permit 44-07. The new permit would only be for Tracts 1 and 2. Adjacent riparian property owners are Tract 3 to the North, owned by Northern Riverfront Marina & Hotel, LLLP (R04716-001-015-000); Marina Tract between Tracts 1 and 2, owned by NRMH Holdings, LLC. and Hanover Street public right-of-way and Convention Center parcels R04716-001-011-000 and R04716-001-024-000 to the South, owned by the City of Wilmington. Letters have been sent via certified mail to these property owners to notify them of the proposed development and allow time for objections. Proposed upland development includes construction of residential condominiums (286 units), retail space, parking deck, and amenities (pool,-gQurhmd,jejr�). It also includes the RECEIVEDRECEIVED OCT 19 2017 DCM WILMINGTON, NC OCT 112017 DCM- MHD CITY extension of Nutt Street including sidewalks on both sides of the road, and a Brunswick Street plaza. The project does involve a building covering more than 60,000 square feet on a single parcel of land; therefore, a CAMA Major Permit is required. The project does not involve any coastal or 404 type wetlands. CAMA Land Use classification is Conservation and Urban. No large structures / buildings are proposed within 30 feet of the normal high-water line, which is the existing bulkhead. Normal high-water elevation is 5 feet. The proposed Nutt Street extension occupies approximately 0.95 acres of the east edge of the 4.8-acre Tract 1 parcel. Proposed upland development consists of 16,228 sf of new sidewalk and approximately 20,834 sf of new asphalt pavement within an area that will be dedicated to the City of Wilmington. In other words, as part of the proposed development project, the Tract 1 parcel owned by Pier 33, LLC. will reduce in size from 4.8 acres to 3.85 acres once the Nutt Street Extension is dedicated to the City. Proposed upland development of the remaining 3.85 aces of the 4.8-acre Tract 1 parcel consists of two buildings, parking deck, sidewalks and amenity courtyards. The main building is a 6-story building and will consist of retail space (e.g., coffee shop, yoga studio, restaurants), residential clubhouse and condominium units, and parking deck. Retail space, clubhouse, and 13 residential units are located on the first floor, with the remaining 273 residential units on the five floors above. A one-story retail space building is proposed north of the main building. The breakdown of impervious areas is shown on the workplan figures 1 and 2. No development is planned at this time for the 1.83-acre Tract 2 parcel. The area between the Tract 1 parcel and the Tract 2 parcel is dedicated to the City, and includes proposed pavers to create a walkway plaza. This is a requirement by the City to build the plaza as part of the proposed development. Stormwater permitting is required through the City of Wilmington, and Sedimentation and Erosion Control permitting is required through New Hanover County. The proposed project design is currently under review by the City of Wilmington Technical Review Committee. Permit application packages have been submitted to the City and County for review of the proposed stormwater management and proposed sedimentation and erosion control measures. The proposed development project is also being reviewed by the NCDEQ Brownfields Program. At the time of the CAMA scoping meeting, the Compliance Coordinator for the Brownfields Program indicated he had no outstanding issues with the project. RECEIVED OCT 1.9 2017 RECEIVED DCM WILMINGTON, NC DCM_ MHD CITY OCT 112017 ROM NFLI APPLICATION for major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Pier 33, Lie. Project Name (if applicable) Pier 33 (Upland Development) Applicant 1: First Name Thomas MI A Last Name Saieed Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 3301 Benson Drive, Suite 103 PO Box City Raleigh State NC ZIP 27609 Country Wake Phone No. 919-863-1000 ext. FAX No. 919-747-4185 Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Dewitt Carolinas Agent/ Contractor 1: First Name Steven MI Last Name Beattie Agent/ Contractor 2: First Name MI Last Name Mailing Address 3301 Benson Drive, Suite 103 PO Box City Raleigh State NC ZIP 27609 Phone No. 1 919 - 277 - 7966 ext. Phone No. 2 910 - 690 - 8140 ext. FAX No. Contractor # Street Address (d different from above) City State ZIP Email ■1GVa_�IF v6 <Form continues on back> OCT 19 2017 RECEIVED DCM WILMINGTON, NC 252.808.2808 :: 1.888-4RCOAST :: www.n¢coas a managemen e l 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 901 Nutt Street Subdivision Name City State Zip Wilmington NC 28401 - Phone No. Lot No.(s) (d many, attach additional page with list) ext. R04716-001-014-000, R04716-001-016-000, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Cape Fear River c. 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 Atlantic Ocean 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. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of enfire tract (sq.ft.) 335.1 ft (Tract 1), 676.75 ft (Tract 2) 79,800 sf (Tract 1), 210,281 sf (Tract 2) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 1.83 ac, 4.83 ac, NWL (normal water level) (ff many lot sizes, please attach additional page with a list) 6 ®NHW or ❑NWL e. Vegetation on tract Sparse grass I. Man-made features and uses now on tract Existing Riverwalk; Urban Waterfront Area g. Identify and describe the existing land uses adjacent to the proposed project site. Road and undeveloped urban land to the North; PPD parking to the East; Wilmington Convention Center to the South; and Marina to the West h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? CBD (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Yes []No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ®Yes ❑No ❑NA National Register listed or eligible property? <Form continues on next page> OCT 19 ZOI] RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.ncaoLdYWrAHE)eiQT*CT 112017 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes ®No (11) Are there coastal wetlands on the site? []Yes ®No (III) If yes to either (i) or (11) above, has a delineation been conducted? []Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Project will tie to existing SSMHs located in Nutt Street that will convey sanitary sewage to an existing CFPUA pump station north of the project site. o. Describe existing drinking water supply source. CFPUA has an existing 16" water main located in Nutt Street p. Describe existing stone water management or treatment systems. City of Wilmington has existing stormwater collection system located in Nutt Street 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Residential condominiums with parking deck, and unknown retail uses c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard heavy construction equipment d. List all development activities you propose. Erosion control, utility installation, grading, paving, building construction e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 4.83 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing City stormwater collection system in Nutt Street eventually discharges to the Cape Fear River I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? ❑Yes []NO ®NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED OCT 1.9 2017 RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888.4RCOAST :: www.nc4 M""dMnCIT UT 112017 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Northern Riverfront Marina & Hotel, LLP Phone No. 910-251-6160 Address 720 North 30 Street, Wilmington NC 28401 Name City of Wilmington Phone No. 910-254-0900 Address 102 North 3itl Street, Wilmington NC 28402 Name NRMH Holdings, LLC Phone No. 910-251-6160 Address 720 North V Street, Wilmington NC 28401 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. State Permit No. 44-07 03/30/2007 h. Signed consultant or agent authorization form, if applicable. t. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only 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. Date _10/10/17 Print Name Steven Beattie Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ®DCM MP-3 Upland Development ❑DCM MP4 Structures Information ❑DCM MP-5 Bridges and Culverts U15F1cmVED OCT 19 2017 252-808-2808 :: 1.888.41RCOAST :: www.nccoastalman -:cCcNEU DC}1M� WIL1MIINGTON, NC ne UCT a 2017. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 2 parcels (one 4.83-acre parcel and one 1.83-acre parcel) Two buildings (one residential condomium building with parking deck and one unknown retail); courtyard, pool, plaza c. Density (give the number of residential units and the units per acre). 286 units/4.83 acres, or 59.2 units/acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes []No ®NA (it) If yes, list the date submitted: NHC reviews SEC g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 70 I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 65 j. Describe proposed method of sewage disposal. Gravity sewer to existing CPFUA manholes I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, 'wash down" and residential discharges). Surface runoff will be collected in stormwater system onsite with bypass to City stormwater collection system in Nutt Street; City system eventually discharges to Cape Fear River. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 5.14 acres f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Asphalt, Concrete, Brick Pavers h. Projects that require a CAMA Major Development Permit may also require a Storwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ❑No ®NA (ii) If yes, list the date submitted: _COW reviews SW k. Have the facilities described in Item (i) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. RECEIVED OCT 19 2017 tLcEivEb DCM WILMINGTON, NC 252-808-28082::1-888-4RCOAST:: www.nccoastalmanagement.net DCITY Mtervt3t -6 Form DCM MP-3 (upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Public system (CFPUA) o. When was the lot(s) platted and recorded? Both Lots were platted 4/7/14; Deed Recorded 12/2/14 10/10/2017 Date Pier 33 (Upland Development) Project Name Steven Beattie Applicant Name �1J w Applicant Signature n. (1) Will water be impounded? []Yes []No ®NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA OCT 19 2017 RECEIVED DCM WILMINGTON, INC 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanaaement.net eMHUCITY UD I sJcJ la f /06 Coastal Management ENVIRONMENTAL QUALITY October 16, 2017 Steven Beattie c/o Dewitt Carolinas 3301 Benson Drive, Suite 103 Raleigh, NC 27609 Dear Mr. Beattie: ROY COOPER Gomm" MICHAEL S. REGAN ix'retmy BRAXTON DAVIS Director' The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of the applicant Pier 33, LLC., for development activities at property located at 901 Nutt Street, adjacent to the Cape Fear River, in Wilmington, in New Hanover County. It was received as complete on October 11, 2017, and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program. Under this expedited process, the projected date for making a decision will be on or around November 11, 2017. Please be advised that this project will also require authorization from the US Army Corps of Engineers. The majority of CAMA major permit applications that also require Federal authorization are processed as a joint review under the CAMA Major Permit / Corps of Engineers 291 General Permit process. Under most circumstances, the Federal review of these applications would be after November 11, 2017. If the US Army Corps of Engineers does not render a decision on your project by the time a CAMA permit decision can be made, the Division of Coastal Management will render a permit decision on the CAMA Permit only. Should that occur, the US Army Corps of Engineers would most likely process your project as a General Permit 291. Should you wish to place your project on hold before November 11, 2017, pending the receipt of the Federal decision, the Division of Coastal Management will render a decision once the Federal comments are received. 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. Sincerely, DebraD. Wilson Wilmington District Manager / Express Permit Coordinator Enclosure cc: Thomas Saieed, Applicant RECEIVED Doug Huggett, DCM Tyler Crumbley, USACE OCT 19 Z017 Chad Coburn, DWR Linda Painter, LPO Kathryn Thurston, City of Wilmington DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eta., Wilmington, NC 28405 919 796 7215 0 to NOT 1 (011 17wA Wo® g U LAMA PER Mir C APPLIED FOR To construct a residential condominium, f ..- f New Hanover County COMMENTS ACCEPTED THROUGH November 20, 2017 APPLICANT: Pier 33, LLC c/o Thomas Saieed 3301 Benson Dr., Suite 103 Raleigh, NC 27609 Agent: Steven Beattie (919) 277.7966 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Courtney Spears, Field Representative 910-796-7423 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Lonnie C. Poole, III Mailing Address: 3301 Benson Drive, Suite 103, Raleigh, NC 20609 Phone Number: Email Address: 919 - 239 - 8233 Steven. Beattie@ DewittCarolinas.com I certify that I have authorized Steven Beattie Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Pier 33 14 at my property located t 715 Nutt Street, Wilmington, North Carolina 28401 in Wake County. / furthermore certify that 1 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: ec�C,C� Signature Lonnie C. Poole, III Print or Type Name Manager Title 10 / 10 / 17 Date This certification is valid through it l zo% RECEIVED OCT 19 2017 DCM- MHD CITY rtECEIVED DCM WILMINGTON, NO OCT 112017, � �NI�IIIIII NIIII III 2014032284 FOR REGISTRATION EGISTER OF DEEDS BEASLEY NEW HANOVER COUNTY, NC 2014 DEC 02 63 47 22 PM 9K 5854 PG 2206-2209 FEE $26 00 INSiROMEMi 1261403M Excise Tax S NONE — Dud of Correction Tax Parcel M Numbers R04716-001-022-000, R04716-001-018-000, R04716-001-017-000, R04716-001-016.000, R04716-001-015-000, and R04716-001-014-000 Prepared by and return to Christopher M Thenault, 720 N 3id Street, Suite 502, Wilmington, NC 28401 NORTH CAROLINA GENERAL WARRANTY DEED OF CORRECTION This Deed is dated November 24, 2014 and is made by and between. RRTRFRONT HOLDINGS H, LLC, PIER 33, LLC, a North Carolina lunited liability company a North Carolina limited liability company 720 N. 3rd Street, Third Floor P O BOX 17566 Wilmington, NC 28401 RALEIGH, NC 27619 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WHEREAS, via North Carolina General Warranty Deed recorded with the New Hanover County, North Carolina Register of Deeds in Book 5838, Page 2683 ("Original Deed'), Grantor granted, bargained, sold, and conveyed the following property to Grantee in fee simple RECEIVE® OCT 19 2017 rZECEIVEO DCM- MHD CW?cM WILMINGTON, NC T OCT 112017, TRACT P All of that property located in New Hanover County, North Carolina and shown as Tract 1 (1.83 acres) as shown on that recombination plat recorded with the New Hanover County Register of Deeds at Map Book 59, Page 55. 0 TRACT II: All of that property located in New Hanover County, North Carolina and shown as Tract 2 (4.83 acres) as shown on that recombination plat recorded with the New Hanover County Register of Deeds at Map Book 59, Page 55. The property which is the subject of this Deed is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded with the New Hanover County, North Carolina Register of Deeds in Book 5326, Page 1093 and the Amendment to Brownfields Agreement recorded with the New Hanover County, North Carolina Register of Deeds in Book 5838, Page 2671 (collectively `Brownfields Agreemenfl. WHEREAS, the preceding language regarding the Brownfields Agreement was madvertently omitted from the Original Deed and such language is included in this Deed to correct said omission. WHEREAS, Grantee executes and acknowledges this Deed to acknowledge that the property which is the subject of this Deed is subject to the Brownfields Agreement TO HAVE AND TO HOLD the aforesaid real property and all privileges and appurtenances thereto in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all pennons whomsoever, other than the following exceptions - ANY AND ALL OF PUBLIC RECORD AS OF THE DATE HEREOF INCLUDING, BUT NOT LIMITED TO, THE INSTRUMENTS IDENTIFIED BELOW: - Deed of Trust, Assignment of Rents, and Security Agreement recorded with the New Hanover County Register of Deeds on September 15, 2014 at Book 5838, Page 2719. - Assignment of Leases, Rents, and Profits recorded with the New Hanover County Register of Deeds on September 15, 2014 at Book 5838, Page 2739 - Purchase Money Deed of Trust recorded with the New Hanover County Register of Deeds on September 15, 2014 at Book 5838, Page 2748. Certain property has been released from said Purchase Money Deed of Trust as reflected in that Partial Release recorded with the New Hanover County Register of Deeds on November 14, 2014 at Book 5851, Page 1280. THE PROPERTY WHICH IS THE SUBJECT OF THIS DEED IS SUBJECT TO THE BROWNFIELDS AGREEMENT RECEIVED OCT 19 2017 RECEIVED DCM- MHD CIT,YDCM WILMINGTON, NC OCT 112017A IN WITNESS WHEREOF, Grantor and Grantee execute this Deed under Seal. RIVERFRONT H DINGS I LLC Signature: (Seal) Print Name: les J. Sch ranger Print Title: Manager STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER I, the undersigned Notary Public, hereby certify that Charles J. Schoninger personally appeared before me on the date set forth below and executed the foregoing instrument in my presence in his official capacity as Manager of RIVERFRONT HOLDINGS II, LLC with full authority and capacity to do so and acknowledged the same to me. Witness my hand and official seal, this the day of 2014. arp*,r Cnr Signature of Notary Public: AZ - Print Name of Notary Public: C f f�s� K M. 7 py dj� iI Y d'''777��'���''711 ':,: pUg C My commission expires on the following date: _ i YIy(� ��q Z PIER 33, LLC TTygNOVE� Signature: . (Seal) Print Name: Thomas A. Saieed, Jr. Print Title: Manager STATE OF NORTH CAROLINA, COUNTY OF 0 1) I, the undersigned Notary Public, hereby certify that Thomas A. Saieed, Jr. personally appeared before me on the date set forth below and executed the foregoing instrument in my presence in his official capacity as Manager of Pier 33, LLC with full authority and capacity It�o }do so and acknowledged the same to me. Witness my hand and official seal, this the � day of �Nr, 2014. • yl G PI� Signature of Notary Public: `AR p -P Print Name of Notary Public: C . PI*dmod�j My commission expires on the following date: NJ 1� Zo 19 AU-BV• TOF�o�-a 'RECEIVED OCT 19 2017 RECEIVED DCM WILMINGTON, NC OCT 112017 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 IfffftffiffflNftifiMlfflitlillrffffffffftlffMtfffiflfifflftfttHiiffflltffffiHttfftffMtRtltttliliffffffff ffittf Hlfl Filed For Registration: 12IO2/2014 03.47:22 PM Book: RE 5854 Page: 2206-2209 Document No.: 2014032284 4 PGS $26.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2014032284* 2014032284 'RECEIVED OCI 19 2017 RECEIVED DCM WILMINGTON, NC DCM- MHD CITY OCT 112017, Steven Beattie From: TrackingUpdates@fedex.com Sent: Tuesday, October 10, 2017 4:17 PM To: Steven Beattie Subject: FedEx Shipment 770463649237 Notification This shipment is scheduled to be sent on 10/10/2017. See "Preparing for Delivery" for helpful tips Tracking # 770463649237 Anticipated ship date: Scheduled delivery: 0 Tue, 10/10/2017 Wed, 10/11/2017 by Steven Beattie 3:00 pn1 Raleigh, NC 27609Charles 4DIMIMID Schoninger US Northern Ri erfro t Initiated 720 N. 3rd Street, 3rd Floor WILMINGTON, NC 28401 US Shipment Facts Tracking number: 770463649237 Service type: FedEx Standard Overnight Packaging type: FedEx Envelope Number of pieces: Weight: 0.50 lb. Special handling/Services: Deliver Weekday Preparing for Delivery To help ensure successful delivery of your shipment, please review the below. Won't be in? You may be able to hold your delivery at a convenient FedEx World RECEIVED Service Center or FedEx Office location for pick up. Track your shipment to determine Hold at FedEx location availability. OCT 19 2017 DCM- MHD (NIT ALMINGTON,NC ' OCT 112017 Steven Beattie From: Sent: To: Subject: Tracking U pdates@fedex.com Tuesday, October 10, 2017 4:17 PM Steven Beattie FedEx Shipment 770463575003 Notification This shipment is scheduled to be sent on 10/10/2017. See "Preparing for Delivery" for helpful tips Tracking # 770463575003 Anticipated ship date: Tue, 10/10/2017 Steven Beattie Raleigh, NC 27609 US Shipment Facts Tracking number: Service type: Packaging type: Number of pieces: Weight: Special handling/Services: Initiated 770463575003 FedEx Standard Overnight FedEx Envelope 1 0.50 lb. Deliver Weekday Preparing for Delivery To help ensure successful delivery of your shipment, please review the below. Won't be in? You may be able to hold your delivery at a convenient FedEx World Service Center or FedEx Office location for pick up. Track your shipment to determine Hold at FedEx location availability. Scheduled delivery: Wed, 10/11/2017 by 3:00 pm Charles Schoninger NRMH Holdings, LLC 720 N. 3rd Street, 3rd Floor WILMINGTON, NC 28401 US RECEIVED OCT 19 2017 RECEIVED 1 DCM WILMINGTON, NC rjiC-kl- M11D CITY r �- , © Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 3:17 PM CDT on 1011012017. All weights are estimated. The shipment is scheduled for delivery on or before the scheduled delivery displayed above. FedEx does not determine money - back guarantee or delay claim requests based on the scheduled delivery. Please see the FedEx Service Guide for terms and conditions of service, including the FedEx Money -Back Guarantee, or contact your FedEx customer support representative. To track the latest status of your shipment, click on the tracking number above. © 2017 Federal Express Corporation. The content of this message is protected by copyright and trademark laws under U.S. and international law. Review our privacy policy. All rights reserved. Thank you for your business. Rocewf-11 OCZ 19 2fl11 � Ga�Y Steven Beattie From: TrackingUpdates@fedex.com Sent: Tuesday, October 10, 2017 4:26 PM To: Steven Beattie Subject: FedEx Shipment 770463860958 Notification This shipment is scheduled to be sent on 10/10/2017. See "Preparing for Delivery" for helpful tips Tracking # 770463860958 Anticipated ship date: O Tue, 10/10/2017 Steven Beattie Dewitt Carolinas Raleigh, NC 27609 US Shipment Facts Tracking number: Service type: Packaging type: Number of pieces: Weight: Special handling/Services: WMADIM Initiated 770463860958 FedEx Standard Overnight FedEx Envelope 1 0.50 lb. Deliver Weekday Preparing for Delivery To help ensure successful delivery of your shipment, please review the below. Won't be in? You may be able to hold your delivery at a convenient FedEx World Service Center or FedEx Office location for pick up. Track your shipment to determine Hold at FedEx location availability. 1 Scheduled delivery: Wed, 10/11/2017 by 3:00 pm Sterling Cheatham City of Wilmington - Brunswick St. 102 N. 3rd Street WILMINGTON, NC 28401 us RECEIVED OCT 19 2017 DCM_ ?(AHD CI RECEIVED DCM WILMINGTON, NC OCT 112017 Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 3:25 PM CDT on 10/10/2017. All weights are estimated. The shipment is scheduled for delivery on or before the scheduled delivery displayed above. FedEx does not determine money - back guarantee or delay claim requests based on the scheduled delivery. Please see the FedEx Service Guide for terms and conditions of service, including the FedEx Money -Back Guarantee, or contact your FedEx customer support representative. To track the latest status of your shipment, click on the tracking number above. © 2017 Federal Express Corporation. The content of this message is protected by copyright and trademark laws under U.S. and international law. Review our privacy policy. All rights reserved. Thank you for your business. flo�FINJED r19 2017 � � `; hlp CITY Steven Beattie From: TrackingUpdates@fedex.com Sent: Tuesday, October 10, 2017 4:27 PM To: Steven Beattie Subject: FedEx Shipment 770463740129 Notification This shipment is scheduled to be sent on 10/10/2017. See "Preparing for Delivery" for helpful tips Tracking # 770463740129 Anticipated ship date: Scheduled delivery: Tue, 10/10/2017 Wed, 10/11/2017 by Steven Beattie 3:00 pm Dewitt Carolinas Sterling Cheatham Raleigh, NC 27609 i City of Wilmington - Conv. cntr us Initiated dr. 102 N. 3rd Street WILMINGTON, NC 28401 US Shipment Facts Tracking number: 770463740129 Service type: FedEx Standard Overnight Packaging type: FedEx Envelope Number of pieces: 1 Weight: 0.50 lb. Special handling/Services: Deliver Weekday Preparing for Delivery To help ensure successful delivery of your shipment, please review the below. Won't be in? You may be able to hold your delivery at a convenient FedEx World Service Center or FedEx Office location for pick up. Track your shipment to determine Hold at FedEx location availability. OCT 19 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC 1 OCT 112017 E� Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 3:27 PM CDT on 10/10/2017. All weights are estimated. The shipment is scheduled for delivery on or before the scheduled delivery displayed above. FedEx does not determine money - back guarantee or delay claim requests based on the scheduled delivery. Please see the FedEx Service Guide for terms and conditions of service, including the FedEx Money -Back Guarantee, or contact your FedEx customer support representative. To track the latest status of your shipment, click on the tracking number above. © 2017 Federal Express Corporation. The content of this message is protected by copyright and trademark laws under U.S. and international law. Review our privacy policy. All rights reserved. Thank you for your business. RECEIVED OCT 19 2017 DCM- MHD CITY R NEW HANOVER COUNTY Engineering Department/Water and Sewer District 230 Government Center Drive - Suite 160 Wilmington, North Carolina 28403 TELEPHONE (910)-798-7139 Fax (910) 798-7051 September 19, 2017 Pier 33, LLC P.O. Box 17566, Raleigh, North Carolina 27619 RE: Grading Permit # 11-15 Revision #1, Pier 33 Dear Mr. Todd Saieed: Beth E. Wetherill, C.P.E.S.C. Soil Erosion Specialist Enclosed is the original and a copy of your revised grading permit. Please read the permit conditions carefully and return the signed original to our office and keep the copy ror -your records. A preconstruction meeting will be required for this activity. Thank you for your cooperation. If you have any further questions, please feel free to contact our office. Sincerely, Beth Easley Wetherill Soil Erosion Specialist New Hanover County cc: Howard Resnik PE, CSD Engineering Jeff Walton, City of Wilmington Planning cEiVED OCi 19 Z017 DCm - NIHD CITY nEC111VED DCM WILMINGTON, NC 0 C T 12 2017 Permit# GP 11-15 Revision 41 Revision to GP 65-04 Permit for a Land Disturbing Activity New Hanover County Department of Engineering 230 Government Center Drive - Suite 160 Wilmington, North Carolina 28403 (910) 798-7139 As authorized by the New Hanover County Erosion and Sedimentation Control Ordinance This permit issued to Pier 33, LLC authorizes the development of 4.97 acres of land at 901 Nutt Street for Pier 33 at City Marina in New Hanover County. This permit issued on April 13, 2015 is subject to compliance with the application and site drawings, all applicable regulations and special conditions and notes set forth below. Any plan modifications must be approved by this office prior to field changes. It is understood by the applicant that a representative of New Hanover County's Engineering Department may inspect the site at any time following the issuance of this Permit. A copy of the approved Soil Erosion Control Plan, this permit, a rain gauge and copies of all the Combined Self -Monitoring and Self Inspection Reports must be available at all times at the site. Failure to execute the provisions of this permit and the approved Soil Erosion Plan, or any other provisions of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, shall result in immediate legal action by the County to the limits prescribed by the Ordinance. If the measures outlined on the approved Soil Erosion Control Plan and this Permit prove insufficient, additional Erosion Control measures can and will be required which in turn will be considered provisions of this Permit. This Permit does not preclude any other permits or approvals necessary for beginning or completing this development. Approval of an erosion control plan is conditioned on the applicant's compliance with Federal and State laws, regulations and rules. It is the Permittee s responsibility to obtain all necessary permits and approvals. SPECIAL CONDITIONS (THESE CONDITIONS MUST BE FOLLOWED IN ADDITION TO THE PLANS AND SPECIFICATIONS) "All the soil erosion control measures will be installed as the site is cleared and maintained throughout construction. These include 2 construction entrances, silt fences with wire backing and inlet protection. NOTE: The limits of disturbance do not include the sidewalk on the east side of Nutt Street at this time. "Revision #1 approved 9/19/17 includes drainage, building and sidewalk modifications with two construction entrances, wire backed silt fence and inlet protection. `Tree Removal Permits must be acquired from the City of Wilmington and/or New Hanover County prior to issuance of this permit and clearing the site. *Silt fence stakes must be metal and will be placed six feet apart without wire reinforcement or eight feet apart with wire reinforcement. Silt fence is not allowed as inlet protection. "This permit does not preclude any permits or approvals which may be necessary such as City of Wilmington or New Hanover County Stormwater, NCDENR Water Quality, C.A.M.A., and the US Army Corps. of Engineers, DEM Solid Waste or any other agencies. F( Q '[� j *No sediment shall leave the site. OCT 19 2017 ®CM- MHD C9T' Continued) - Page Two Permit # GP 1111=15 Revision #1 Revision to GP 65-04 *If plan revisions are necessary you must submit a copy to this office for approval prior to any field changes. *If soil is removed from the site, it must be taken to an approved or permitted site to be identified to this office Prior to removal from the site. *All City and/or County and State drainage and stormwater requirements will be adhered to. *If these measures fail to adequately control erosion, more restrictive measures will be required. *If any phase of grading ceases for more than 15 working days, the site will be temporarily stabilized. *All slopes must be stabilized within 21 calendar days of any phase of activity. The approval of an erosion control plan is conditioned on the applicant's compliance with Federal and State Water Quality laws, regulations and rules. *Note the required rates for seed, lime, fertilizer and mulch in your seeding specifications. *Note the NPDES information from the State for sites disturbing 1 acre or more and the reporting requirements. All NEW projects permitted after August 3, 2011 must include the following surface water withdrawal locations and stabilization requirement designations on the plan in order to qualify for coverage under the most recent NPDES Construction General Permit. All settling basins must have outlet structures that withdraw water from the surface, with the exception of basins or traps that have a drainage area of less than 1 acre. The NPDES permit requires ground cover within 14 calendar days on disturbed flat areas and ground cover within 7 calendar days on all areas within HQW Zones, perimeter dikes, swales, ditches, perimeter slopes and all slopes steeper than 3:1. Exceptions include slopes that are 10 feet or less in length and not steeper than 2:1 which must be stabilized within 14 calendar days and slopes greater than 50 feet which must be stabilized within 7 calendar days. This permit also includes other new requirements which are listed in the text of the NPDES Stormwater Discharge Permit for Construction Activities. Inspections of all erosion control measures and reports are required every 7 days and within 24 hours of every 1/2-inch rain event in a 24 hour period. *Note the Land Resources Self Inspection Program Requirements. This program is separate from the NPDES reporting and requires inspection and documentation after each phase of construction. These phases include: Installation of perimeter erosion control measures, Clearing and Grubbing of existing ground cover, Completion of any phase of grading of slopes or fills, Installation of storm drainage facilities, Completion of construction or development, Establishment of permanent ground cover sufficient to restrain erosion and any Deviation from the approved plan. Enclosed is a Combined Self -Monitoring and Self -Inspection Form that meets the requirements of both the NPDES Stormwater Permit for Construction Activities, NCG 010000 reporting and the Land Resources Self Inspection Program that satisfies the requirements of the Sedimentation Pollution Control Act. This report is the responsibility of the property owner. It requires a rain gauge onsite and inspections and reporting every 7 calendar days and within 24 hours of every 1/2 inch rain per 24-hour period and at specific phases of construction. Additional copies of this Combined Construction Inspection Report can be found at httyl/portal.ncdenr.org/webflrlerosion . Reports must be available onsite at all times. If you have questions please contact New Hanover County Engineering (910) 798-7139 or the Land Quality Section at the NCDENR Regional office at (910) 796-7215. ��//�� L�-P}L REC:f_1 VED *A pre -construction meeting is required prior to any acti*rMw eats® ntact Betli�'W&Y1h9tT@b) NC 798-7139 to set up this meeting. OCT 19 Z017 OCT 12 2017 0cm- MHD CITY (Continued) - Page Three This Permit will expire one year from date of issue if no construction activity begins on site. This permit may not be amended or transferred to another party without approval of this office. -BC- :, ta.4t� w L Beth E. Wetherill, C.P.E.S.C. Soil Erosion Specialist/New Hanover County Permit # GP 1111=15 Revision #1 Revision to GP 65-04 Acknowledgment of receipt of Permit Owner By (please print) Signature OCT 19 2017 ®CAfi., A41-1® CITY Engineering has reviewed the plans for the Pier 33 project submitted September 7, 2017 and have the following comments: Stormwater Management Permit Application Form 1. IV. Project Information; Line Item #2: The total property area appears to be incorrect. Should it not be 210,069sf (4.83 acres), since the Nutt Street r/w has not been dedicated as public? 2. IV. Project Information; Line Item #5: Revise the entry of 0 to 210,069 square feet. 3. IV. Project Information; Line Item #11: Update this line item based on the property area of 210,069sf. 4. IV. Project Information; Line Item #14: Impervious pavement should be 20,783 with the 2,254sf from Harnett Street entered as Mite (sf). Hydraflow Storm Sewers 5. Lines 1, 3, 24 and 32: The inverts do not appear to be accurate when compared to the plans. 6. Lines 19 and 28: The pipes sizes do not agree with the plans. 7. Line 32: Enter a rim elevation for CB14. 8. Lines 20, 21, 27 and 33 in the 50-year tabulation show signs of flooding. Please verify that structures will not be flooded and emergency access will not be hindered. Plans 9. C.3: Per conversations with Rob Gordon, a section of the public drainage easement at the southwest corner of the proposed building will need to be revised so that the building does not encroach into the easement. The easement can be updated when Nutt Street is dedicated before issuance of the CO. 10. C.7: It would appear that there are minor discrepancies with inverts on this sheet and the calculations. Please submit one complete set of plans, application, calculations and any other supporting documentation to Engineering for additional review. Please call or email if there are any questions. Thank you. RECEIVED OCT 19 2017 DCM- MHO Ury RECEIVED DCM WILMINGTON, NC OCT 12 2017 --#=0M"NE1M�~" CATLIN Engineers and Scientists TRANSMITTAL TO: NCDEQ — DCM 127 Cardinal Drive Extension Wilmington, NC 28405 910-796-7215 Attn: Debra Wilson We Are Transmitting Herewith The Following: 220 Old Dairy Road Wilmington, NC 28405 Telephone: (910) 452-5861 Fax: (910) 452-7563 DATE: 10-11-2017 RE: Pier 33 Express CAMA Major CATLIN Project No. ITEM ACTION X Drawings 1. For Your Use Specifications 2. For Review Shop Drawings 3. Please Comment Contract Documents 4. Reply ASAP Correspondence 5. Urgent Reports 6. Returned 216111 TRANSMITTED BY US Mail X Messenger Next Day Service Other NO. OF COPIES DESCRIPTION ACTION CODE 1 Application for Major Development Permit 2 1 Upland Development Form DCM MP-3 2 1 Application Fee $2000 Express Review Fee 1 1 Project Narrative 2 1 Copies of Fed -Ex Sent Receipts for Adjacent Riparian Owners 1 1 Copy of Deed 1 1 Copy of Agent Authorization Form 1 27 Full-size Copies of Work tans Figures 1 and 2 2 COMMENTS: RECEwn COPY TO: Steven Beattie (Dewitt Carolinas) OCT 19 2017 Dem-MHD CITY SIGNED: END . ,�i/KtuEIDED DCM WILMINGTON, NC www.catlinusa.com OCT 112017 Coastal Management ENVIRONMENTAL QUALITY November 21, 2017 Thomas Saieed 3301 Benson Drive, Suite 103 Raleigh, NC 27609 Dear Mr. Saieed: ROY COOPER C"Wmw MICHAEL S. REGAN BRAXTON DAVIS Owwff RECEIVED NOV 27 2017 DCM- MHD CITY The enclosed permit constitutes authorization under the Coastal Area Management Act, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, 49,E Y,z Debra D. Wilson Express Permit Coordinator Wilmington District Manager Enclosure cc: WiRO Linda Painter, LPO Doug Huggett, MHC Kathryn Thurston, City of Wilmington Steven Beattie, Agent State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215