HomeMy WebLinkAbout83-22 Tidalwalk HOA IncPermit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
iptrmtrt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Tidalwalk HOA, Inc., PO Box 12051, Wilmington, NC 28405
Permit Number
83-22
Authorizing development in New Hanover County at adi. to the AI W W, and Myrtle Grove Sound,
at the Tidal Walk Subdivision as requested in the.permittee's application dated 4/21/22 (MP-
1 MP-4) including work plan drawings (5) Sheets 1-5 of 5, dated 4/21/22..
This permit, issued on August 12, 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
if these terms may be subject to tines, imprisonment or civil action; or may cause the permit to oe nuu ana voia.
Docking Facility
1) This permit authorizes only the docks, piers, gazebo, boatlifts, 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 a maximum of 10 formalized boat slips.
(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
August 12, 2027
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.
f For. Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Tidalwalk HOA, Inc.
ADDITIONAL CONDITIONS
Permit No. 83-22
Page 2 of 3
3) No portion of the authorized docking facility, including tie piles, 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.
4) 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.
5) 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.
6) 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.
7) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches are
permitted. Lattice is specifically excluded from being used under this authorization.
8) The roof of the gazebo shall not be designed for second story use.
9) 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.
10) 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.
11) The authorized project is located within a primary nursery area (PNA): Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
Sedimentation and Erosion Control
12) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
13) 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.
Tidalwalk HOA, Inc.
ADDITIONAL CONDITIONS
General
Permit No. 83-22
Page 3 of 3
14) 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.
15) 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.
16) 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, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20081336v4 -
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 mean high-water level.
NOTE: I An application processing fee of $250 was received by DCM for this project.
DCM Coordinator: Permit #: 5; 3" 2 ?
MAILING DISTRIBUTION SHEET
Permittee:
)'UC
Agents:_%y1N� Wr/ �sri— I �ZG
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington 1 , (OBJECTIONS )
Ta.,yu
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 (WARD)
Jimmy Harrison
Washington: Chris Pullinger-401
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, 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 (WARD)
Natural Heritage Program Rodney Butler
LPO: 6r % 1'Pfl/
(NCDOT) Travis Wilson
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: 7Wwalk HOA, Inc COUNTY: New Hanover
PROJECT NAME:1421 Tidalwalk Drive
LOCATION OF PROJECT: 1421 7ldalwalk Drive, adj. to Myrtle Grove Sound, RRbnington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5_27-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Hall DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 #2469
APPLICATION ASSIGNED TO: Luck
RECEIVED
JUN 0 7 2022
I)CM-MHD CITY
PUBLIC NOTICE REC'D: 6-6-22 END OF NOTICE DATE: 6-27-22
ADJ. RIP. PROP NOTICES REC'D: DEED RECD: Yes
C) 75 DAY DEADLINE: 8-10-22 150 DAY DEADLINE:
MAIL OUT DATE: 6-2-22 STATE DUE DATE: 6-27-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
6
r3 h5 `
G
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
t6DI
ZM'6131v�
DWR— PublicWaterSupply
K
DEMLR — Stormwater
DEMLR — Sod and Erosion
DOA — State Property Office
Wildlife Resources Commission
DMF — Shellfish Section
DMF — Habitat & Enhancement
DNCR— Archives &History
(p L
x
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce
DCM Coordinator: Cam Luck
County:
NA -
Permit #:
WIRO E-MAIL DISTRIBUTION SHEET
Circle o e: Bio Rep -/ Permit for: W P �L iT U Y r r V1 t.
Oversize sent:
DCM Offices: 1
I forehead City: PT (if oversize) via Courier 1
✓", Cam & Amanda on group email wl bio.narr.app.drawings, deed, comment sheet
MHC documents (Cam & Amanda)
VNilmington: Original hard -copy _
ONLY USACE & DWR twrro/: Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: nder & Carteret Co): PN, CL, Reports, Split Sheet _
use both fVJ)AlmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet
L 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
Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries: %,tEim Harding _
DCM Planner/WiRO: 1e Christenbury
Cultural Resources: enee Gledhill -Earley Environmenta/.Review(o)ncdenroov
Natural Heritage Prog. �odney Butler_
DCA-Rural Eco. Dev: VVV. 41 ark Ziegler
NC DOT: JD/avid Harris _
Wildlife Resources: V. aria Dunn w/Reports
State Property Office: m Walton: DEED _
ke Moser _
anda Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation: remy Humphrey (Bio) / _
1h1aron Gupton, Admin. _
DEMLR: �/ C/(ristine Hall - Stormwater Section
% 6n Sams - Land Quality Section
Public Water Supply: VHeidi Cox_
City of Wilmington: /�
Enforcement: V//F old Rep,:: l l
Co. LPO V C' '/��jFirA
RECEIVED
Agent:
` JUN 0 7 2022
DISTRIBUTED: 12 Z2 DCM-MHD CITY
Recommendations for State Permit —Tidalwalk IIOA Inc. 6/1/2022
Shoreline length =—1,105' x 8 sq. ft. = 8840 sq. ft. (2,000 sq. ft, maxinmm allowable platform area)
Proposed fixed pier (207' x 6') = 1242 sq. ft. (access credit, not counted)
Proposed platform (22' x 16' w/ 16' x 16' covered) = 352 sq. 11.
Proposed fishing platform (8' x 16') = 128 sq. ft.
Proposed floating dock (34' x 8') = 272 sq. ft.
Existing fixed L-head (134' x 5') = 670 sq. ft.
Existing five finger piers (5) (24' x 4') = 480 sq. ft.
Existing nine boat lifts (9) (13' x 131 =1521 sq ft (not counted)
Total = 1902 sq. ft.
The new docking facility would continue to provide docking for a total often (10) formalized boat slips that were previously
authorized. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(bX6). The
proposed docking facility is consistent with the eight square foot rule, would not exceed the '/4 width of the waterbody, not
exceed the existing pier headline, nor encroach in the 80' federal setback. The proposed docking facility would not encroach
into either IS' riparian setback to the north.
Provided the proposed work is consistent with all other local, state, and federal permitting requirements resource agencies
do not have any concerns regarding significant adverse impacts resulting from the proposed project, this office has no
objections to the issuance of a permit.
RECEIVED
JUN 0 7 2022
DCM-MHD CITY
Received: 6/6/2022
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 2, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 22-1583
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, INC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.luck(o) NCDENR.aov
SUBJECT: CAMA
Applicant: Tidalwalk HOA, Inc.
Due: 6/21 /2022
Project Location: 1421 Tidalwalk Drive, adj. to Myrtle Grove Sound, Wilmington, New Hanover
County .
Proposed Project: The applicant proposes to replace the existing pier and platform, install a new
fixed fishing platform and extend the existing floating dock, for a total of nine (9)
formalized boat slips and one (1) transient slip at an existing community facility.
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 June 27, 2022. 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 Renee Gledhill -Earley
AGENCY
SIGNATURE
Historic Preservation Office
`L � WJ-6kX "DATE June 16, 2022
RECEIVED
JUN 2 0 `UL/
MP SECTION
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
bmH urouun
�awe�w� 910.796.7215
ROY COOPER
Governor
ELIZABETH.S. BISER
Secretary
S. DANIEL SMITH
Director
DATE: July 22, 2022
FROM: HolleyShider /�I1
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
NORTH CAROLINA
Environmental Quality
SUBJECT: DWR#20081336v4
No Written Approval Required
PROJECT LOCATION: Tidal Walk Subdivision, Wilmington, New Hanover County
Community Docking Facility
PROPOSED PROJECT: Expansion of a community docking facility to provide mooring for nine (9) vessels
and one (1) transient floating slip.
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request completed on May 27, 2022 and received by this office on June 2, 2022.
The waters of the Myrtle Grove Sound and the Atlantic Intracoastal Waterway in this area are classified
as SA;ORW by the Division of Water Resources (DWR). Please understand that the waters around your
project area have been determined to be Primary Nursery Area (PNA) by the Division of Marine Fisheries
(DMF). The DWR supports the concerns and recommendations submitted by the Division of Marine
Fisheries and the Wildlife Resource Commission regarding potential, difect and indirect, impacts
associated with development in these designated Primary Nursery Areas.
In accordance with the attached General Certification #4501(GC 4501), the impacts associated with the
impacts as described in your application do not require written authorization to utilize GC 4501.
However, you are required to follow the conditions (fisted in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including (but
not limited to erosion and sedimentation control regulations and state stormwater requirements)
before you proceed with your project. This concurrence is specific to the impacts depicted in your
LAMA Major application and supporting materials. If you change your project, you must notify this
office and may be required to obtain a new certification. This concurrence shall expire upon
expiration of the 404 or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. RECEIVED
JUL 262022
MIR SECTION
North Carolina Department of Environmental Quality I Division of wev "RWW CITY
J/ Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington, North Carolina 28405
w v 910.796,7215
umeimm�®a.e�ema�my�
DocuSign Envelope ID: 7ABBF9AE-0944-472F.9939-465216A3F5A9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4501
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
PROGRAMMATIC GENERAL PERMIT NUMBER 198000291 INC COASTAL AREA MANAGEMENT
ACT)
Water Quality General Certification Number 4501 is issued in conformity with the requirements
of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in the US Army Corps of Engineers
Wilmington District's Programmatic General Permit 198000291.
The State of North Carolina certifies that the specified category of activity will comply with
water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of
the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter
set forth.
for
Effective date: January 3, 2022
Signed this day: October 28, 2021
OocuBignetl by:
BFB19B84B002470...
S. Daniel Smith
Director
RECEIVED
JUL 2 6 2022
MP SECTION
DCM MHD CITY
ROY COOPER
Guvernor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 2, 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: 262-247-3330 (Courier 11-12-09)
cameron.l ucknN C DEN R. cov
SUBJECT: CAMA
Applicant: Tidalwalk HOA, Inc.
Project Location: 1421 Tidalwalk Drive, adi. to Myrtle Grove Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace the existing pier and platform, install a new
fixed fishing platform and extend the existing floating dock, for a total of nine (9)
formalized boat slips and one (1) transient slip at an existing community facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck et the address above by June 27, 2022. 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 A Jt< 2 t a
AGENCY N if be a�, 0 4 �v %trl m eyc k
SIGNATURE PA DATE
D
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
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 2, 2022
NORTH CAROLINA
Environmental Quallty
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)
came ron.l uck(�NC DEN R.aov
SUBJECT: CAMA
Applicant: Tidalwalk HOA, Inc.
Project Location: 1421 Tidalwalk Drive, adj. to Myrtle Grove Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace the existing pier and platform, install a new
fixed fishing platform and extend the existing floating dock, for a total of nine (9)
formalized boat slips and one (1) transient slip at an existing community facility.
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 June 27, 2022. 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. No new slips proposed
PRINT NAME Wanda Hilliard
AGENCY State Property Office
SIGNATURE Wawda- act RECEIVED
DATE June 22, 2022
RUN 242022
MP SECTION
DCM MHD CITY
North Carolina Department of Environmental Quality l Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
June 2, 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(D) N CD EN R. g ov
SUBJECT: CAMA
Applicant: Tidalwalk HOA, Inc.
Project Location: 1421 Tidalwalk Drive, adj. to Myrtle Grove Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace the existing pier and platform, install a new
fixed fishing platform and extend the existing floating dock, for a total of nine (9)
formalized boat slips and one (1) transient slip at an existing community facility.
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 June 27, 2022. 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.
X 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 Kimberlee Harding 'in -water -work moratorium
4/1-9/30
AGENCY NCCDMF-
SIGNATURE DATE 06/30/22
RECEIVED
JUL 012022
MP SECDON
North Carolina Department of Environmental Quality 1 Division of Coamuna Cmr
Wilmington Office 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
nww urouxn
910.796.7215
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 2, 2022
NORTH CAROLINA
Environmental Quality
C -22, otd -D2. -->j
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)
ca meron.lu ckO. NCDEN R. gov
SUBJECT: CAMA
Applicant: Tidalwalk HOA, Inc.
Project Location: 1421 Trdatwalk Drive, adj. to Myrtle Grove Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace the existing pier and platform, install a new
fixed fishing platform and extend the existing floating dock, for a total of nine (9)
formalized boat slips and one (1) transient slip at an existing community facility.
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 June 27, 2022. 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.
V This agency approves of the project only if the recommended changes
are incorporated. Seeatteehed. .Sac 6cd:gri ,
This agency objects to the project for reasons described in the attached
comments. -I�
3,3
PRINT NAME M4�tAn �� a�1
AGENCY Nc l
SIGNATURE
�^ C{ C" $ S}S o
�. Uru._k--kd rcvl-eyJ_
DATE (0 -9,13-7,QV _
RECEIVED
JUN 2 02022
North Carolina Department of Environmental Quality I Division ofCoastal l�(�M(�ag2fiMR{15�tD CITY
Wilmington Ofnce 11P Cardinal Drive Extension I Wilmington, North CSrolina 28405
910.796.7215
t..' .�. __ �.......
_eC•...��:3���r:.:l.?
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
June 2, 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 (Counter 11-12-09)
cameron.luck(Gi7 NCDEN R. aov
SUBJECT: CAMA
Applicant: Tidalwalk HOA, Inc.
Project Location: 1421 Tidalwalk Drive, adj. to Myrtle Grove Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace the existing pier and platform, install a new
fixed fishing platform and extend the existing floating dock, fora total of nine (9)
formalized boat slips and one (1) transient slip at an existing community facility.
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 June 27, 2022. 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. RECEIVED
PRINT NAME Mark Brown
AGENCY Public Water Supply MP SECTION
DCM MHD CITY
SIGNATURE `qlc�k DATE 6($)22
rv�m cumuxnD � � /'
Ovprtm,M N BnIioML4I W tl�
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
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 2, 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)N CDEN R.gov
SUBJECT: CAMA
Applicant: Tidalwalk HOA, Inc.
Project Location: 1421 Tidalwalk Drive, adj. to Myrtle Grove Sound, Wilmington, New Hanover
County
Proposed Project: The'applicant proposes to replace the existing pier and platform, install a new
fixed fishing platform and extend the existing floating dock, for a total of nine (9)
formalized boat slips and one (1) transient slip at an existing community facility.
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 June 27, 2022. 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 attacl,RECEIVED
comments.
PRINT NAME Shannon Jenkins JUN 0 82022
NC DMF - Shellfish Sanitation/Recreational Water Quality MP SECTION
AGENCY Y DCM MHD CITY
SIGNATURE KeOo 8,a.>roni for Shannon Jenkins DATE 06/07/2022
RECEIVED
MP SECTION
North Carolina Department or EDeMmcrMHDaIG IW1vislon of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
o�mn
910.796.7115
MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Tidal Walk HOA -
New Hanover County
Date: August 12, 2022
This project is consistent with the 2016 New Hanover County Comprehensive Land
Use Plan.
The applicant proposes to replace the existing pier and platform, install a new fixed
fishing platform and extend the existing floating dock, for a total of nine formalized boat
slips and one transient slip at an existing community boating facility. The project is
located at 1421 Tidalwalk Drive in New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW, and PT.
Waters at the project site are classified as SA ORW and are open to the harvesting of
shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Resource Protection and Conservation.
In general, New Hanover County allows development in Resource Protection and
Conservation classified AECs, which is consistent with the State's minimum use
standards. The New Hanover County Land Use Plan contains some policies, which
exceed the State's minimum use standards, including those for marinas and community
boating facilities. However, none of these policies appear to be applicable to this project.
This project is consistent with the 2016 New Hanover County Land Use Plan.
File RECEIVED
AUG 122022
MP SECTION
DCM MHD CITY
Application Review Checklist Letter A-S] 2-7 75/��
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Additional Comments On Back
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME: Tidalwalk HOA Inc. c/o Mark Westendorff (Davey Resource Group)
2. LOCATION OF PROJECT SITE: 1421 Tidalwalk Dr., Tidalwalk Subdivision, adjacent to Myrtle Grove
Sound, in New Hanover County.
Latitude: 34°5'20.71" N Longitude: 77052'55.26" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—1/28/22, 5/10/22, 5/25/22
Was Applicant Present — Yes (Agent 1/28/22), No (5/10/22 and 5/25/22)
5. PROCESSING PROCEDURE: Application Received — 4/25/22
Complete Date — 5/27/22
6. SITE DESCRIPTION:
8.
Office— Wilmington
(A) Local Land Use Plan — New Hanover Co.
Land Classification From LUP — Conservation/Resource Protection
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private Community
(E) Wastewater Treatment: Existing —Municipal
Planned — N/A
(F) Type of Structures: Existing — Subdivision and community docking facility
Planned — Replacement of existing pier and platform, construct new fishing platform
and extend floating dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION:
DREDGED FILLL11 QIHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands (Open water)
1,994 sq. ft.
(incorporated)
(C) Other(highground)
(H) Total Area Disturbed: 1, 994 sq. ft. (-0.04 acres)
(1) Primary Nursery Area: Yes
(J) Water Classification: SA-ORW Open: Yes
PROJECT SUMMARY: The applicant proposes to replace the existing pier and platform, install a new fixed
fishing platform and extend the existing floating dock, for a total of nine formalized boat slips and one transient
slip at an existing community facility.
RECEIVED
JUN 0 7 2022
DCM-MHD CITY
RECEIVED
Tidalwalk HOA Inc., Page 2
JUN 0 7 2022
9. PROJECT DESCRIPTION: DCM-MHD CITY
The project site is the existing community docking facility for the Tidalwalk subdivision, located at 1421 Tidalwalk
Drive, adjacent to Myrtle Grove Sound, in New Hanover County. The subdivision is approximately 106.1 acres, which
measures approximately 6,000 feet in length and averages approximately 1,000' to 1,300' in width from Myrtle Grove
Road to Myrtle Grove Sound marsh. There is > 1000' of shoreline. Elevation at the site averages approximately 2-3'
above normal high water (NHW). There are existing single-family residences within the subdivision.
The previous property owner (Myrtle Grove Investments, LLC c/o Tim Wilson) obtained State Permit No. 56-07 on
5/30/2007 for the upland portion of the 153-lot subdivision, which included infrastructure and Section "404"wetland
impacts for road crossings. The authorized upland development has been completed. State Permit No. 56-07 was
modified on 12/08/2008 for the construction of a community clubhouse building on the eastern end ofthe subdivision.
State Permit No. 56-07 was then modified under a major modification on 05/04/2009 for the construction of a
community docking facility with a maximum of ten formalized slips, which has been completed. The docking facility
extends from the terminus of the property in an easterly direction into Myrtle Grove Sound. There is a fixed pier that
measures approximately 193' by 6' and terminates in an "L-head" platform measuring approximately 22' by 16'.
From the southern waterward edge ofthe access pier a fixed access pier extends in a southerly direction, parallel to the
channel and measures approximately 134' by 5'. Along the eastern edge of this fixed pier, there are five (5) finger
piers, each measuring approximately 24' by 5'. There are nine boat lifts within the slips created by the finger piers. On
the landward side of the fixed pier that is parallel to the channel is a floating platform measuring approximately 20' by
8'. Current water depths in the vicinity of the floating dock range from approximately -3.1' to -3.75' at NLW, which
were measured during a site visit conducted by DCM on 5/25/22. A Letter of Refinement was issued on 06/27/2011
for the relocation of the partially completed clubhouse building to the western end of the subdivision, which was
authorized under the minor modification on 12/08/2008. State Permit No. 56-07 was then transferred to MREC-Tidal
Walk, LLC on 03/18/2011. State Permit No. 56-07 was then modified through a Major Modification on 8/14113 to
authorize an elevated boardwalk. State Permit No. 56-07 was modified through a Minor Modification on 3/19/15 to
authorize the demolition of a structure on the easternmost point of the lot, construct new retaining walls around the
drive connecting the point area to the mainland, and retaining walls around the lots on the point. State Permit No. 56-
07 was modified again through a Minor Modification issued on 11/3/16 to authorize construction of a concrete
driveway and culvert on Lot 428. State PermitNo. 56-07 expired on 12/31/2016. MREC-Tidalwalk, LLC submitted a
major permit application to dredge around the existing facility on 2/13/2018, this application was denied on 5/21 /2018.
Vegetation associated with the high ground portion of the property, consists primarily of Live Oak (Quercus
virginiana), Laurel Oak (Quercus laurifolia), Loblolly Pine (Pirms taeda), Sweet Bay (Magnolia virginiana) and
Loblolly Bay (Gordonia lasianthus). Understory vegetation includes Greenbriar (Smilax laurifolia) and Wax Myrtle
ft rica cerifera). Transitional species, including: Bulrush (Scirpus sp.), Seaside Golden Rod (Solidago sempervirens
L.), Wax Myrtle, Common Reed (Phragmites australls), Sea Oxeye (Borrichia fruiescens), Saw Grass (Cladium
famaicense) and Grounsel-bush (Baccharus hallmifolia) are located along the upper edge of the Coastal Wetlands.
High coastal marsh vegetation, including, Black Needle Rush (Juncus roemariamcs), Spike Grass (Distichlisspicata),
Sea Lavender (Limonium, spp.), and Salt Meadow Grass (Spartina patens) complete the transition to the edge of the
water of Myrtle Grove Sound where Smooth Cordgrass (Spartina alternii/lora) is the predominant species.
The waters of the Myrtle Grove Sound/AIW W, adjacent to the project site, are classified as SA-ORW by the North
Carolina Division of Water Resources. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of
Marine Fisheries, and they are OPEN to the harvest of shellfish.
10. PROPOSED PROJECT:
The applicant proposes to replace the existing pier and platform, install a new fixed fishing platform and extend
the existing floating dock, for a total of nine formalized boat slips and one transient slip at an existing community
facility.
The applicant proposes to replace the existing 193' x 6' fixed pier in the same footprint. A proposed extension of
the pier would extend 14' further east to access the proposed fishing platform, this would bring the total pier
dimensions to 207' x 6' (see Sheet 4 of 5). The fishing platform would extend north from the terminus of the
proposed pier extension, terminating in a fixed 16' x 8' "L-head". The applicant proposes to replace the existing
raised, fixed platform and gazebo in the same footprint. The platform would measure 22' x 16' of which 16' x 16'
would be covered to replace the existing, authorized platform. The applicant also proposes to replace the existing
20' x 8' floating dock with a larger 34' x 8' floating dock.
Tidalwalk HOA Inc., Page 3
According to the applicant the proposed floating dock would be placed in water depths measuring between -3'
and -4' NLW. (See Sheet 3 and 4 of 5). At a site visit on 5/25/22, DCM confirmed the water depths.
The application states the facility will accommodate 9 vessels and 1 transient slip (See Sheet 4 of 5); the facility
has the ability to accommodate up to 10 vessels and was previously authorized through State Permit No. 56-07 to
accommodate up to 10 vessels.
No other proposed work will be done to the existing, authorized finger piers or boat lifts. No change in
authorized slip count is proposed.
11. ANTICIPATED IMPACTS:
The proposed development would result in the incorporation of approximately 1,994 sq. ft. of Estuarine Waters
and Public Trust Area, of which 1,510 sq. ft. was previously accounted for. The proposed development would be
located outside of the adjacent 15' riparian corridor setbacks on both sides and would be constructed outside of
the federal channel setback, and within '/. of the width of the waterbody. The facility will accommodate nine
formalized boat slips and one transient slip, for a maximum of 10 formalized boat slips that were authorized
through State Permit 56-07 and no change in in slip count is proposed. Minor increases in turbidity should be
expected during construction; however, no long-term impacts are anticipated.
Submitted by: Bryan Hall Date: 6/I/2022 Office: Wilmington
RECEIVED
JUN 0 7 2022
DCM-MHD CITY
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Tidalwalk HOA Inc.
c/o Mark Westendorff
3805 Wrightsville Ave. Suite 15
Wilmington, NC 28403
Dear Mr. Westendorff,
NORTH CAROLINA
Environmental Quality
hire I. 2022
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Tidalwalk
HOA Inc., for State approval for development of the subject property located at 1421 Tidalwalk Drive adjacent to the
Myrtle Grove Sound in New Hanover County. It was received as complete on May 27, 2022 and appears to be adequate
for processing at this time. The projected deadline for making a decision is August 10, 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 May 27, 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 I I3A-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,
ll�
Bryan Hall
Field Representative
cc: Cameron Luck, DCM
Holley Snider, DWR
USACE
Christine Bouffard, LPO
RECEIVED
JUN 0 7 2022
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 26405
9107967215
DAVEY*
Resource Group
April 25, 2022
TO: Bryan Hall
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 1421 Tidalwalk Dr., Wilmington, New Hanover County, North Carolina
Tidalwalk Homeowners Association
CAMA Major Permit Application Request for Fixed Access Pier, Raised Paltform, Fishing Pier
and Floating Dock
Bryan,
Please find enclosed a CAMA Major Permit application and supporting materials, submitted on behalf
of Tidalwalk Homeowners Association, Inc, for the proposed 1421 Tidalwalk Dr. Fixed Access Pier,
Raised Paltform, Fishing Pier and Floating Dock adjacent to the Atlantic Intracoastal Waterway (AIW W),
Wilmington, New Hanover County, North Carolina. Adjacent riparian landowners have been notified
and notification green confirmation cards will be forwarded once received.
Please let me know if you have any questions or need anything in addition to accept the application as
complete.
Sincerely,
7j4�k A
Mark Westendorff
Davey Resource Group
Enclosure: LAMA Major Permit Application Package; Fee Check
cc: Tidalwalk Homeowners Association, Inc
RECEIVED
JUN 0 7 2022
DCM-MHD CITY
RECEIVED
APR 2 5 2V2
DCM WILMINGTON, NC
Daveyresourcegroup.com/Carolinas - Phone: 910.452.0001 - Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
Application for CAMA Major Development
Permit
For:
Tidalwalk Homeowners Association, Inc.
Wilmington, New Hanover County, North Carolina
Prepared By:
tom,.
Resource Group
3805 Wrightsville Avenue
Wilmington, North Carolina
RECEIVED
APR 2 5 202'�
April 2022
DCM WILMINGTON, NC
RECEIVED
JUN 0 7 2022
DCM_MHD CITY
Contents
1. Form DCM-MP-1...................................................................................................................................2
2. Form DCM MP-4...................................................................................................................................6
3. DCM MP-1 Section 6.0 Additional Information.................................................................................. 30
3.1 Section 6. a. Project Narrative....................................................................................................10
3.1.1 Project Location and Existing Conditions............................................................................10
3.1.2 Proposed Action..................................................................................................................10
Appendices
Appendix A — Site Location Map and Work Plats
Appendix B — Agent Authorization, Deed and Plat, Permitting History, Adjacent Riparian Owner
Notifications
RECEIVED
JUN 0 7 2022
DCM-MHD CITY
RECEIVED
APR 2 5 2022
DCM WILMINGTON, NC
Application for Major Development Permit —1421 Tidalwalk Dr., Tidalwalk Homeowners Association Inc
April 2022
Wilmington, New Hanover County, North Carolina i
5/12/22. 12:48 PM The Davey Tree Expert Company Mail - 1421 Tidlalwalk Dr. CAMA Major Permit Application. Wilmington, New Hanover County ...
i Ali
Westendorff, Thomas <mark.westendorff@davey.com>
1421 Tidlalwalk Dr. CAMA Major Permit Application, Wilmington, New Hanover
County 401 Pre -Filing request
1 message
Westendorff, Thomas <Mark.Westendorff@davey.com> Mon, May 9, 2022 at 10:19 AM
To: 401 PreFile@ncdenr.gov
Cc: Greg Finch <greg.finch@davey.com>
To Whom it May Concern,
Davey Resource Group, on behalf of Tidalwalk Homeowners Association, would like to submit a NCDWR 401 Pre -Filing
Request for a CAMA Major Permit Application for proposed water based activities located at 1421 Tidalwalk Dr.,
Wilmington, New Hanover County, NC. Please see attached Project Narrative and Work Plan drawings for your review.
Please contact us if there is any further information needed to complete this request. Thank you.
Mark Westendorff I Environmental Scientist
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wlmington, NC 28403
P: 910.452.0001 ext. 19311 M: 910.789.0783 1 F: 910.452.0020
DAVEY
Resource Group
Tidalwalk CAMA Major Application _DWRPreFile_Binder.pdf
2585K
RECEIVED
JUN 0 7 2022
DCM-MHD CITY
,RECSINJED
OM 1.1 Z022
OGM \ffiL t4G.TON, NG
https:ifmall.google.comJma1l/WO/?Ik=8941 bOcOeb&vlev--pt&search=all8permlhid=thread-a%3Ar77406893752426167218simpl=msg-a%3Ar77423418.,. 1/1
5/12122, 2:53 PM The Davey Tree Expert Company Mail - Automatic reply: [External] 1421 Tidlekvalk Dr. CAMA Major Permit Appllcatlon, wilmingto...
DA11i Westendortf, Thomas <mark.westendorff@davey.com>
Automatic reply: [External] 1421 Tidlalwalk Dr. CAMA Major Permit Application,
Wilmington, New Hanover County 401 Pre -Filing request
1 message
40113reFile <401 Pre File@ncdenr.gov>
To: "Westendorff, Thomas" <Mark.WestendorffQdavey.com>
Mon, May 9, 2022 at 10:23 AM
This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and
submit this documentation as part of your 401 application (PCN Application) as required by federal law.
DWR will not be able to accept your application without this federally required documentation. 401
applications received without documentation that a pre -filing meeting request was submitted at least 30
days prior will be returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the
Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a
result of the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back
into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401
Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must
request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R.
§121.4] In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting
request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to
the Federal Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing
meeting request documentation does not constitute a "certification request" As a result of the
reinstatement of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022
that do not have documentation that a pre -filing meeting request was submitted at least 30 days prior to
submittal of a 401 Certification application will be returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff agLR@.IVED
list(s).
For Non -Transportation Central Staff:
JUN 0 7 2022
https://deq.nc.gov/about/divisions/water-resourcestwater-quality-permitting/401-buffer-
permitting/401-buffer-permitting-contacts DCM-MHD CITY
For Non -Transportation Regional Staff: https://edocs.deq.nc.gov/WaterResources/Docviq*hs'pk?
dbid=0&id=2162034&cr=1 MPy ? j02(.
For
all
://deq nc.gov/abouVdvisio shvater--esou ces/water-resources-permits/transport i"k.MtNG��N'N`
https
permitting/staff-contacts om
hltps://mail.google.conVmaiyu/Onik=8941bOcOeb&viev --pt&search=all8permthid=lhread-t%3AI 732358913054713817&simpl=msg.f%3A1732358913... 1/2
1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(la*t rnvUW 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Tidalwalk HOA Inc.
1421 Tidatwalk Dr.
Applicant 1: First Name
MI
Last Name
Elizabeth
NA
Lily
Applicant 2: First Name
MI
Last Name
Lara
NA
Gibb
N additional applicants. please attach an additional page(s) with names listed.
Mailing Address
PC Box
City
State
Premier Management Company
12051
Wilmington
NC
ZIP
Country
Phone No.
FAX No.
28405
USA
910-679-3012 ext.713
n/a
Street Address (if different from above)
City
State
ZIP
n/a
n/a
n/a
n/a
Email
elizabeth@premiermanagementnc.com
2. Agent/Contractor Information
Business Name
Davey Resource Group, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Mark
NA
Westendorff
Agent/ Contractor 2: First Name
MI
Last Name
Greg
NA
Finch
Mailing Address
PC Box
City
State
3805 Wrightsville Avenue, Suite 15
NA
Wilmington
NC
ZIP
Phone No. 1
Plane No. 2
28403
910452-0001
ext. NA
NA ext. NA
FAX No.
Contractor #
910452-0060
NA
Street Address (if different from above)
City
Stale
RECEIVZIP
E
NA
Email
mark.westendorff@davev.com; area.finch@davev.om
n RECEIVED
JUN U 1 2022
DCM-MHD CITY APR 2 5 20 Z
Application for Major Development Permit -1421 Tidalwalk Dr., Tidalwalk Homeowners Association Ir(5CM
April 2022
Wilmington, New Hanover County, North Carolina
I Project Location
County (can be multiple)
Street Address
State Rd. #
New Hanover
1421 Tidalwalk Dr.
N/A
Subdivision Name
City
State
Zp
Tidalwalk
Wilmington
NC
28409
Phone No.
Lot No.(s) (If many, attach additional page with list)
910-679-3012 ext.706
N/A
a. In which NC river basin Is the project located?
b. Name of body of water nearest to proposed project
White Oak
Al WY
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
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.
NA
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire trap (sq.ft.)
—1,105 If
— 83,856 sq ft (1.93 +/- acres)
d. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NIA
NWL (normal water leve0
(If many lot sizes, please attach additional page with a fist)
2' - T ®NHW or ❑NWL
e. Vegetation on tract
Mixture of coastal wetland species such Spartina patens, Spartina alternaflora and Juncus roemehanus.
f. Man-made features and uses now on tract
There is an existing 6' x 193' fixed pier, 16' x 16' covered platform, 6' x 16' raised platform, 8' x 20' floating dock and a 5' x
135' fixed pier docking structure with 5 finger piers and 9 boat lifts. The existing docking facility is for the private use of
Tidalwalk homeowners and their guests.
g. Identify and describe the existing land uses sdiacent to the proposed project age.
R-15 Residential
h. Flow does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
R-15 Residential
(Attach zoning compliance certificate, if applicable)
®Yes []No []NA
I. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ONO
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No []NA
RECEIVE
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a National []Yes ONO ❑NA AR -
Register
Register listed or eligible property?
t2
DCM WjLMINGTON, NL%
RECEIVED
Application for Major Development Permit —1421 Tidalwalk Dr., Tidalwalk Homeowners Association Inc
April 2022 JUN 0 7 2022
Wilmington, New Hanover County, North Carolina 3
DCM-MHD CITY
m. (i) Are there wetlands on the site? ®Yes ❑No
(it) Are there coastal wetlands on the site? ®Yes ❑No
(iii) If yes to either (t) or (il) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available) PRELIMINARY DELINEATION, NO UPLAND
DEVELOPMENT PROPOSED. COASTAL WETLAND AND NORMAL HIGH WATER LINES
INTERPRETED THROUGH AERIAL PHOTOGRAPHY. SEE APPENDIX A FOR DETAILS.
n. Describe existing wastewater treatmentfacilities.
Municipal
o. Describe existing drinking water supply sou roe.
Municipal
p. Describe existing storm water management or treatment systems. N/A
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliGGovernment
NPrivate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Purpose, use and daily operations of the project would be recreational enjoyment of water based activities for the homeowners
of Tidalwalk subdivision and their guests.
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 marine construction methodology and equipment. Equipment will be stored onsite if needed.
d. List all development activities you propose.
The applicant proposes to replace the existing fixed access pier, platform and floating dock. Construct a new, 6' x 207' access
pier, new 16' x 22' raised platform (with stairs) of which 16' x 16' would be covered, add a new 8' x 16' fishing pier waterward
and Install a 8' x 34' floating dock. No alterations or construction activities are proposed for the fixed pier docking structure
with 9 twatslips approved under a Major Modification to existing permit #56-07. See Appendix A for details.
There is no upland work proposed. Dredging is not proposed. Current water depths under the proposed structures range from
-1.0' NLW to-4.0' NLW until they begin to taper down to the deeper waters of the USACE Navigation Channel. See Appendices
A and B for details.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
I. What is the approximate total disturbed land area resulting from the proposed project? 0 OSq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No DNA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
N/A
RECFIv�
L Will wastewater or stomevater be discharged Into a wetland? -No new discharges ❑Yes ®NO ❑NA APR 25
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 DNA ACM \NILMINU
If yes, attach a mitigation proposal.
rON,14C
:IVED
Application for Major Development Permit —1421 Tidalwalk Dr., Tidalwalk Homeowners Association Inc
April2022 JUN 0 7 2022
Wilmington, New Hanover County, North Carolina 4
DCM-MHD CITY
8- 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 lobe complete. Items (a) - (0 are always applicable to any major development application. Please consult the application Instruction
booklet on how to property prepare the required Hems 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, dearly 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 stale 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 mall. 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.
tame - Claude Murray S/D and Hattie K Murray Phone No. NA
Address - 535 Seaview Road, Wilmington, NO 28403
Name - Glasgow Family Trust Phone No. NA
Address 237 Chimney Lane, Wilmington, NO 28409
Name State of North Carolina Phone No. NA
Address 116 Jones Street West. Raleigh, NO 27603
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiftee, and issuing dates.
CAMA Permit H56-07, Myrtle Grove Investments LLC , May 30,2007; COE Action ID No. SAW 2004-01082
h. Signed consultant or agent authorization form, If applicable.
i. Welland delineation, N 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 restrict -ions 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: April, 13 2022 Print Name: Mark Westendorff. Davey Resource Group. Inc. RECEIVED
71 JUN 0 7 202Z
Signature �tECEIVED
Please indicate application attachments pertaining to your proposed project. DCM-M H D C1
❑DCM MP-2 Excavation and FIII Information ❑DCM MP-S Bridges and Culverts APR 2 5 2022
❑DCM MP-3 Upland Development
®DCM MP4 Structures Information
Application for Major Development Permit -1422 Tidalwalk Dr., Tidalwalk Homeowners Association Inc
April 2022
Wilmington, New Hanover County, North Carolina
DCM WILMINGTON, NC
2. Form DCM MP-4
Structures
(Construction within Public Trust Areas)
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
[]Commercial ❑Public/Government NPrivate/Communky
c. (i) Docks) and/or pier(s)
(ii) Number 4
(iii) Length 207'. 34' 8oatina. 16'. 12' (stairs)
(iv) Width 6'. 8' 8oatina. 8'. 5' (stairs)
(v) Floating ®Yes ONO
e. (I) Are Platforms included? NYes ONO
If yes:
(it) Number 1
(III) Length 16' (covered and raised), 16' (uncovered and raised)
(Iv) Width 22' (16' covered and raised, 6' uncovered and raised)
(v) Floating ❑Yes ONO
Able: Roofed areas are cak•ulated from diipline dimensions.
El This section not applicable
b. (i) Will the facility be open to the general public?
❑Yea NNo
d. (i) Are Finger Piers included? []Yes ONO
If yes:
(ii) Number
(in) Length
(iv) Width
(v) Floating ❑Yes []NO
f. (i) Are Boatlifts included? ❑Yes ONO
If yes:
(ii) Number
(iii) Length
(iv) Width
g. (i) Number of slips proposed h.
No new slips proposed. Replacing 8' x 20' 8oatina dock with 8' x
34' floating dock to add more stability for temporary tie-ups
(ii) Number of slips existing
9 slips from previous Minor Mod to permit #56-07, No
modifications proposed.
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.
10' _ 30'
in. (i) Will the facility have tie pilings?
❑Yes ®No
(it) If yes number of tie pilings?
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
N Dockage ("wet slips") only, number of slips: 9 from previous
Minor Mod to permit #56-07. No modifications proposed.
❑ 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).
Open runabout and other mixed types
I. (1) Will the facility be open to the general public?
[]Yes ®No
RECEIVED
ECEIVED
APR 2 5 2022
JUN 0 7 2022
DCM WILMINGTON, NC
DCM-MHD CITY
Application for Major Development Permit — 1421 Tidalwalk Dr., Tidalwalk Homeowners Association Inc
April 2022
Wilmington, New Hanover County, North Carolina
M
Z DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable I
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number
❑ Showers
❑ Boat holding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sandary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of'No Sewage Discharge' signs proposed.
(it) Give the location and number of Tumpoul 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?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
Dyes ❑No
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
Dyes ❑No
RECEIVED
o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (BA10„ehe(I ° 1?n2
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected, ,JJ 1U1I1VV (U1 ! C U L
❑CW ❑SAV ❑SB —
❑WL — ❑None DCM-MHD CITY
p. Is the proposed marinaidocking facility located within or within close proximity to any shellfish leases? ❑Yes ONO R FCF.RiF D
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
AV'k 2 5 ?&"
DCM WILMINGTON, NC
Application for Major Development Permit —1421 Tidalwalk Dr., Tidalwalk Homeowners Association Inc
April 2022
Wilmington, New Hanover County, North Carolina
1 3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Government ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from ddpline dimensions.
14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(III) Width
I& BREAKWATER (e.g., wood, sheeiplle, etc.) ®This section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL, or wetlands
16. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structute(s):
❑Commercial ❑PubliorGovernment ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured hum marsh edge. if present.
e. Arc of the swing _
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
370'to northeast, 347'to southwest
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
C. Width of water body
-945'
e. (i) Will navigational aids be required as a msuh of the project?
[]Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
NA
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
b. Proximity of structures) to adjacent docking facil''tjep�., 0 % Z�22
-1424'tonortheast, -1017'toSouthwest J���iVV
DCM-MHD CITY
d. Water depth at walerward end of structure at NLW or NWL
2.5'- 4.0'NLW
RECEIVED
APR 2 5 20?1
WILMINGTON NC
Application for Major Development Permit -1421 Ticialwalk Dr., Tidalwalk Homeowners Association Inc
April 2022
Wilmington, New Hanover County, North Carolina 8
8. OTHER ®This section not applicable
a. Give complete description'
April 13, 2022
Date
1421 Tidalwalk Dr.
Ngmt Nzmc
Tidalwalk HOA Inc
Appli"ot Name
Applicant Sitqumm
RECEIVED
JUN 0 7 2022
DCM-MHD CITY
RECEIV EC:'
APR 2 5 20V
DCM WILMING-f NC
Applkation for Major Development Permit —1421 Tldalwalk Dr., Tidalwalk Homeowners Association Inc
April 2022
Wilmington, New Hanover County, North Carolina 9
3. DCM MP-1 Section 6.0 Additional Information
3.1 Section 6. a. Project Narrative
3.1.1 Project Location and Existing Conditions
The project is located on the Atlantic Intracoastal Waterway at the terminus of Tidalwalk Drive in
Wilmington, New Hanover County and has an extended permit history for CAMA Major Permit #56-07. A
Minor Modification was issued to MREC — Tidalwalk, LLC in March of 2015 construct a retaining wall.
Previous modifications to LAMA Major Permit #56-07 include authorization to construct an elevated
boardwalk (Major Mod) in August 2013, a fixed pier docking facility with a floating dock (Major Mod issued
to Myrtle Grove Investments c/o Jimmy Martin) in May 2009 and the original New Major Permit #56-07
(issued to Myrtle Grove Investments, LLC c/o Time Wilson), issued May 30, 2007, for upland development
of the 153 lot Tidalwalk Subdivison. Davey Resource Group (DRG) staff delineated Normal High Water and
Coastal Wetland lines through aerial photography. Length of shoreline at Normal high water is
approximately 1,105'. Waters in the project area are classified as SA, ORW and are open to commercial
shellfishing. The project area is classified as a Primary Nursery Area. Water depths are -1' NLW to -4' NLW
under the current structures. See Appendix B for details.
3.1.2 Proposed Action
The applicant proposes to replace the existing fixed access pier, platforms and floating dock. Construct a
new, 6' x 207' access pier, new 16' x 22' raised platform (with stairs) of which 16' x 16' would be covered,
add a new 8' x 16' fishing pier waterward of the existing raised platform and install an 8' x 34' floating dock.
No alterations or construction activities are proposed for the fixed pier docking structure approved under a
Major Modification of CAMA Major Permit #56-07. See Appendix A for details.
There is nb upland work proposed. Dredging is not proposed. Current water depths under the proposed
structures range from -1.0' NLW to -4.0' NLW until they begin to taper down to the deeper waters of the
USACE Navigation Channel. See Appendices A and B for details.
The 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.
ppR 2 5 z0?2
pCM HIILMtNC'jON, NG
Appendix A — Site Location Map and Work Plats
VteCE1vep
pPR 2 5 2022
OcsA V41 04G104, NC
Appendix 8 —Agent Authorization, Deed and Plat, Permitting History, Adjacent
Riparian Owner Notifications
00MN11�M\NGloN NG
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Tidalwalk Home Owners Association, Inc
Mailing Address:
Phone Number:
Email Address:
PO Box 12051
Wilmington, NC 28405
910-679-3012 ext. 713
laramgibb@gmail.com;elizabeth@premiermanagementnc
I certify that I have authorized Mark Westendorff/Davey Resource Group
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
Remove and replace existing
pier, platforms, and floating dock, lengthen floating dock and add new fishing pier.
at my property located at 1421 Tidalwalk Drive, Wilmington NC 28409
in New Hanover County.
Y
l 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
Elizabeth Lilly
Print or Type Name
Association Manager
Title
4 121 /2022 ��CI?lVEO
Date
APR 2 5 2022.
This certification is valid through 12 / 31 /2023 OCM WILMINGTON, NC
BK: RB 6357
PG: 706 - 710 NOFEE M UD
RECORDED: 2020038342
0911812020 NEW HANOVER COUNTY,
04:12:42 PM TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS EXTX SDAO
BY: ANGELA ENGUSH
DEPUTY ELECTRONICALLY RECORDED
NON -WARRANTY DEED
Parcel: R08200-005-100-000,R08200-005-142.000, R08200-005-139-000,and R08200-005-
po 076-000
a O'
na
Revenue Stamps: $0.00
N 9 r9
w a ❑ If checked, the property includes the primary residence of at least one of the parties
10M
any
a n depicted as parry of the first part. (N.C. Gen. Stat. § 105-317.2)
0.4
rt0
IYJ�
J fDzn
" ; ? STATE OF NORTH CAROLINA
U3� U' ` COUNTY OF NEW HANOVER
MO
THIS NON -WARRANTY DEED, made and entered into this the i day of
kre f 2020 by and between MREC-TIDAL WALK, LLC, a Delaware limited
a"a
liability company, party of the first part (the address of the party of the first part is: c/o Mountain
O C "
x N � Real Estate Grow), LLC, Attn: Kevin Mast 6836 Morrison Boulevard Suite 410 Charlotte NC
J
„0 0 28?11); and TIDALWALK HOMEOWNERS ASSOCIATION, INC., a North Carolina non-
profit corporation, party of the second part (the address of the party of the second part is: 5511
z0
E Capital Center Drive, Suite 105, Raleigh NC 27606).
wn
00
o�
<a
ma
7 P
n a
O
a
00
nn
K c
a
Prepared by Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Pos ED
n" Office Box 7068, Wilmington, NC 28406-7068 �EC�v
Please return to Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), 2
Post Office Box 7068, Wilmington, NC 28406-7068 AQR 2 5 Z�Z
o Attention: Samuel B. Franck
a W1t_M1NG�ON, NC
No opinion on title is rendered by Ward and Smith, P.A., without a separate written opiL09An
title 11•om Ward and Smith, P.A.
Us_145643777v3
WITNESSETH:
That the patty of the first part in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable considerations to said party paid by the party of the
second part, the receipt and sufficiency of which hereby is acknowledged, hereby gives, grants,
quitclaims and conveys unto the party of the second part, said party's successors and assigns, the
following described property, to wit:
All those certain tracts or parcels of land lying and being situate in
New Hanover County, North Carolina, and being more particularly
described on Exhibit A attached hereto and incorporated herein by
reference.
This conveyance is made subject to utility easements and
unviolated restrictive covenants that do not materially affect the
value of the property and ad valorem taxes for the current year,
which taxes the party of the second part, by acceptance of this
deed, assumes and agrees to pay.
The Property herein described was acquired by the party of the first part by
instrument recorded in Deed Book 5537, Page 577.
TO HAVE AND TO HOLD said property and all privileges and appurtenances
(hereunto belonging to the party of the second part, said party's successors and assigns forever, in
fee simple.
The party of the first pail makes no warranty, express or implied, as to title to the
property hereinabove described.
IN WITNESS WHEREOF, the patty of the first part has caused this instrument to
be executed under seal in such form as to be binding, this the day and year first above written.
MREC-TIDAL {WAALK, LLC (SEAL)
By: ��,p/�
Name: f}rr1 tom, iz. JE
Title: V P
RECEIVED
APR 2 5 zbv.
Dr
M WILMINGTON' NG
US 1456437770
STATE OF ,
COUNTY O 7
I certify that the following person personally appeared before me this day, acknowledging to me
that he/she signed the foregoing document for the purpose(s) stated thereinf in tl a capacity
indicated therein: ,.1 76,4- t.t'. ,4, j i {' �' 4s 1; I CE' ��/i .i US �'ftEf MREC-Tidal
Walk, LLC, a Delaware limited liability company.
Date: •..� . �i `� J ,� i ✓ rX.t ��:� �../(:..' ...
Slfhat rre ofArotarv-Public
Notary
3
US_145643777v3
Notary's printed or typed name
My commission expires:
r within this box.
IRECE1V ED
APR 2 5 za?
I)CMWILMINGf NG
EXHIBIT A
All those certain tracts or parcels of land lying and being situate in New Hanover County, North
Carolina, and being more particularly described as follows:
Tax Parcel No. R08200-005-100-000
BEING all of that certain tract or parcel of land designated as "Common Area -Beach" (83,964
S.F./1.93 Ac.) on that certain plat entitled "COMMON AREA OF TIDALWALK" recorded in the
New Hanover County Registry at Map Book 54, Page 373, to which reference is hereby made for
a more particular description.
Tax Parcel No, R08200-005-142-000
BEING all of that certain tract or parcel of land designated as "Amenity Site" (1.87 Ac.) on that
certain plat entitled " TIDALWALK SUBDIVISION — AMENITY SITE" recorded in the New
Hanover County Registry at Map Book 56, Page 291, to which reference is hereby made for a
more particular description.
Tax Parcel No. R08200-005-139-000
BEING all of that certain tract or parcel of land designated as "Open Space" (0.37 Ac.) on that
certain plat entitled " TIDALWALK SUBDIVISION -PHASE III (AND RF,PLATTING OF
PHASE I)", recorded in the New Hanover County Registry at Map Book 56, Page 104-107, as
corrected by Correction Plat recorded in Map Book 56, Page 137-140, to which reference is
hereby made for a more particular description.
Remainder of Tax Parcel No. R08200-005-139-000
BEING all of that certain tract or parcel of land designated as "Utility, Drainage, and Landsca��yyC�1VE0
Easement' (0.71 Ac.) on that certain plat entitled "REVISED FINAL PLAT OF PHASE 1 LO I S
112-117, 138, 143-147, 156-159 OF TIDALWALK" recorded in the New Hanover County R i+ 5 20i2
Registry at Map Book 53, Page 375-377, to which reference is hereby made for a more particular,
description. W 1LM tNGTON, SIC
pCM
4
US 1456437770
Tax Parcel No. R08200-005-076-000
All of the remaining property of the party of the first part as described in Substitute Trustee's
Deed recorded in Book 5537, Page 577 (TidalWalk Subdivision), LESS AND EXCEPT:
(i) All real property previously conveyed by the party of the first part; and
(ii) That certain "Pump Station Site" (0,19 Ac) as shown on Map Book 53, Pages 375-
377, and being Tax Parcel No. R08200-005-077-000.
Said remaining property including without limitation the following private rights of way:
(a) Cupola Drive;
(b) TidalWalk Drive;
(c) Bonfire Drive;
(d) Porches Drive;
(c) Flip Flop Lane;
(1) Breeze Way; and
(g) Dunewalk Court.
As the same are depicted on plat recorded in Map Book 53, at Page 375.
TOGETHER WITH all easements appurtenant to said parcels, including without limitation the
30' Private Ingress/Egress Private Utility Easement generally depicted on the plat recorded in
Map Book 63, at Page 248 and the Private Ingress/Egress and Utility Easements generally
depicted on the plat recorded in Map Book 64, at Page 388.
ND: 4818-6197-4984, v. 1
5
s 1456437770
APR 2 5 �022.
OCM \NOA NG�ON, NC
DAVEY o
Resource Group
April 13, 2022
HOMEOWNERS / CLAUDE MURRAY S/D
535 SEAVIEW ROAD
WILMINGTON, NC 28403
To Whom It May Concern:
Tidalwalk HOA Inc is applying fora CAMA Major Permit for development activity on their property located
at 1421 Tidal Walk Drive, Wilmington, New Hanover County, North Carolina. The specifics of the
proposed work involve removing the existing fixed access pier, platforms and Floating dock and
constructing a new, 6' x 207' access pier, new 16' x 22' raised platform (with stairs) of which 16' x 16'
would be covered, add a new 8' x 16' fishing pier waterward and install a 8' x 34' floating dock as shown
in the attached permit application and drawings. No alterations or construction activities are proposed
for the fixed pier docking structure with 9 boatslips approved under a Major Modiriction to existing
permit #56-07.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development to give you the opportunity to comment on the project. Please review the attached
permit application and drawings. Should you have any objections to this proposal, please send your
written comments within 30 days of your receipt of this notice to:
Bryan Hall
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as no
objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
mark.westendorff@davey.com
Sincerely,
G;i%` "
44
Mark Westendorff, Agent
Davey Resource Group
Enclosures
RFCVNEp
NAM WI�MIN���N, NG
Daveyresoureegroup.com/Carolinas • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
DAVEY1a
Resource Group
April 13, 2022
GLASGOW FAMILY TRUST
237 CHIMNEY LANE
WILMINGTON, NC 28409
To Whom It May Concern:
Tidalwalk HOA Inc is applying for a CAMA Major Permit for development activity on their property located
at 1421 Tidal Walk Drive, Wilmington, New Hanover County, North Carolina. The specifics of the
proposed work involve removing the existing fixed access pier, platforms and floating dock and
constructing a new, 6' x 207' access pier, new 16' x 22' raised platform (with stairs) of which 16' x 16'
would be covered, add a new 8' x 16' fishing pier waterward and install a 8' x 34' floating dock as shown
in the attached permit application and drawings. No alterations or construction activities are proposed
for the fixed pier docking structure with 9 boatslips approved under a Major Modifiction to existing
permit #56-07.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development to give you the opportunity to comment on the project. Please review the attached
permit application and drawings. Should you have any objections to this proposal, please send your
written comments within 30 days of your receipt of this notice to:
Bryan Hall
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as no
objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
mark.westendorff@davey.com
Sincerely,
-xlAk
Mark Westendorff, Agent
Davey Resource Group
Enclosures
Daveyresoureegroup.com/Carolinas • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
jRF0eNFD
APR % 5 1V
orMW11LM1N13T0N NC
DAVEY.
Resource Group
April 13, 2022
STATE OF NORTH CAROLINA
116 JONES STREET WEST
RALEIGH, NC 27603
To Whom It May Concern:
Tidalwalk HOA Inc is applying for a CAMA Major Permit for development activity on their property located
at 1421 Tidal Walk Drive, Wilmington, New Hanover County, North Carolina. The specifics of the
proposed work involve removing the existing fixed access pier, platforms and Floating dock and
constructing a new, 6' x 207' access pier, new 16' x 22' raised platform (with stairs) of which 16' x 16'
would be covered, add a new B' x 16' fishing pier waterward and install a 8' x 34' Floating dock as shown
in the attached permit application and drawings. No alterations or construction activities are proposed
for the fixed pier docking structure with 9 boatslips approved under a Major Modifiction to existing
permit #56-07.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development to give you the opportunity to comment on the project. Please review the attached
permit application and drawings. Should you have any objections to this proposal, please send your
written comments within 30 days of your receipt of this notice to:
Bryan Hall
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as no
objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
mark.westendorff@davey.com
Sincerely,
0��
Mark Westendorff, Agent
Davey Resource Group
Enclosures
Daveyresourcegroup.com/Carolinas • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
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I)CM WILMINGTON, NC
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Permit Class ' \1a—O Permit Number
NEW (�J 56-07
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and RECEIVED
Coastal Resources Commission
DCM WILMINGTON, NC
Vermit JUN 0 1 2007
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 Myrtle Grove Investments, LLC, c/o Tim Wilson, PO Box 12113, Wilmin¢ton, NC 28405
Authorizing development in New Hanover County at ado. to AIW W and Myrtle Grove Sound, Myrtle
Grove Rd_. Federal Point Township_ , as requested in the permittee's application dated 12/1/06. including
attached workplan drawings (17) all dated 10/3/06 and the mitigation plan dated December 2006
This permit, issued on May 30, 2 , 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.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the Tidal Walk Subdivision, including but not limited to all roads,
sidewalks, utilities, and infrastructure associated with the development of the 153-lot subdivision, all as
expressly and specifically set forth in the attached permit application and workplan drawings. Any
additional land disturbing activities and/or construction may require a modification of this permit.
Contact a Division of Coastal Management representative at (910) 796-7215 for this determination.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall 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 shall. cease when the permit expires on
December 31, 2010
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 DENR and the
Chairman of the Coastal Resources Commission.
l/
Charlesgpe§,7IDR ector
Division of Co anagemetw.
NGTON
This permit and its conditions are he6"09 .
Signature of Permittee
Myrtle Grove Investments, LLC, do Tim Wilson Permit # 56-07
Page 3 of 3
RECEIVED
ADDITIONAL CONDITIONS DCM WILMINGTON, NC
Shellfishine Closure JUN 0 12007
9) The waters adjacent to the permitted project are classified as "Open." The construction and/or operation
of the authorized subdivision shall not directly result in a permanent closure of these open waters. Any
such permanent closure directly attributable to the authorized activities shall require that the permittee
undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a
removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the
closure.
General
10) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily.
11) The authorized project is located adjacent to a primary nursery area (PNA). Therefore, in accordance
with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
12) The N.C. Division of Water Quality has approved this project under General Water Quality Certification
Nos. 3404 and 3374 (DWQ Project No. 061943), which were issued on 2/16/07. Any violation of the
permits approved by the DWQ shall be considered a violation of this CAMA permit.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any access permits
required by the NC Department of Transportation, or any Special Use Permits required by New
Hanover County.
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 pemuttee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under NW14 (COE Action
Id. No. 200410802) which was issued on 3/14/07.
FtECe\VEp
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MClass OD
b[ODIFICATION/MAJOR
STATE �IF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vrrint
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
_ Excavation and/or filling pursuant to NCGS 113-229
Permit dumber
56.07 1
Issued to Myrtle Grove Investments c/o Jimmy Martin, PO Box 12113, Wilmington, NC 28405
Authorizing development in New Hanover County adi. to the AIWW, and Myrtle Grove Sound•
at the Tidal Walk Subdivision , as requested in the permittee's application dated 2/28/08 including the
attached workplan drawings (2) both dated 5/24/08
This permit, issued on May 4.2009 , 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.
Dockine Facility
1) Unless specifically altered herein, this permit authorizes the expansion and reconfiguration of the
existing docking facility and the new construction of only the docks, piers, 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, may become a permanent part of this docking
facility without permit modification. No non -water dependent uses of structures may be conducted
on, in or over public trust waters without permit modification.
2) The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the
authorized facility may require that [tic pei mitter. undertake remedial actions to rentcdy the situation.
Including but not limited to the removal of any unauthorized slips.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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, 2012
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 DENR and the
Chairman of the Coastal Resources Commission.
James Egk1 ector
Division of Cog a Management
This permit and its conditions are hereby ae&%l ll.. 1-,
. DCM %W'WAGjoN,
Signature of Permittee
z _1,11yrtl� Grove Investments c/o Jimmy Martin Permit # 56-07
o Page 3 of 3
ADDITIONAL CONDITIONS
i
General
11) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
12) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily.
13) 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.
14) This major modification shall be attached to the original Permit No. 56-07, which was issued on 5/30/07
and modified on 1218/08, and copies of all documents shall be readily available on site when Division
personnel inspect the project for compliance.
15) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
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: 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: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3641 (DWQ Project No. 08-1336), which was issued on 10n108.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2004-01082.
NOTE: The County of New Hanover granted the issuance of a Special Use Permit on April 6, 2009.
��Cfov*
PPR ti 5 �OT.2
pCM Nj11Ml{yG30N • �('
Permit Ciass
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
_ Excavation and/or filling pursuant to NCGS 113-229
Permit Number
56-07
Issued to MREC-Tidalwalk. LLC c/o Scott Lawrence, 516 N. West Street, Raleigh, NC 27603
Authorizing development in New Hanover County adi. to the AIWW. and Myrtle Grove Sound,
at the Tidal Walk Subdivision as requested in the permittee's application dated 5/6/ 13, including the
attached workplan drawings (2). both dated 5/29/13 _
This permit, issued on August 14.2013 , 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.
Elevated Boardwalk
1) Unless specifically altered herein, this permit authorizes the elevated boardwalk, 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, may become a permanent part of this
elevated boardwalk without permit modification. No non -water dependent uses of structures may be
conducted on, in or over public trust waters without permit modification.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the pernittee or
ether qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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, 2016
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 DENR and the
Chairman of the Coastal Resources Commission.
t ,' ,
AL
Braxtonyis, Director
ivisiol_ al Management
�e,h 11*10 $�,
This permit and its conditio G
l�IteM)NlU�3
GG
Signature of Pennittee
Page 2 of 3
ADDITIONAL CONDITIONS
2) Any portion of the permitted elevated boardwalk built over coastal wetlands shall not exceed six feet in
width and must be elevated a minimum of three feet over the wetland substrate as measured from the
bottom of the decking.
3) 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.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
5) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
6) 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 a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
General
7) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
8) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily.
9) 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.
10) This major modification shall be attached to the original Permit No. 56-07, which was issued on
5/30/07, as well as all subsequent modifications, refinements and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
11) All conditions and stiprktj2 js of th"ctive permit remain in force under this major mo 1AqWlidlbss
specifically altere��eLM1pJt^ i ;h
AUG 2 U 2013 APR 25 10ii
DCM yWILMINGTON.
MREC-Tidalwalk, LLC Permit # 56-07
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: 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: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2004-01082.
HECEtVED
DCM WILMINCTO,N, NC
AUG 2 4061\0-
APRti570'
�cM N1110114C'T0
N.
aiP 'kt � .O 5 e •.S
a
T:
ROY COOPER
Cotcnar
ELIZABET H S. RISER
Secretary
BRAXTON DAVIS
Director
June 2, 2022
GanLegPubNotices@gannett.com
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Tidalwalk HOA, Inc.
NORTH CAROLINA
Environmental Qualify
Hello: Please publish the attached Notice in the Monday, June 6, 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 Piedfa 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
(91
cc: MHC Files
Cameron Luck — MHC
USACE
._:.. I Q5
:tila
upport & Customer Assistance
North Carolina Department of Environmental Quality I Division of Coastal Management
Wlimmgton Office 1127 Cardinal Drive Extension I Wllmingmn, North Carolina 2"05
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 applications were submitted for development permits in Areas of
Environmental Concern as designated under the CAMA: On June 1, 2022, Tidalwalk HOA, Inc.
proposed to replace the existing pier & platform, install a new fishing pier & extend the existing
floating dock for a total of nine (9) slips & one (I) transient slip at 1421 Tidalwalk Dr., adf. to
Myrtle Grove Sound in Wilmington, 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 June 27, 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.
North CaroBna De"rtmew of awkr n "Qmtlty I Division of Coastal Ma wqy t
1A71mitgton Office 1 127 Cwdhi l Drive Extertbn I W9mington. North Carofina 26405
o+.� /
910.7%.7215
N0T1(-00'$17j
CAM:A PERMIT
APP�,L-I , . E FOR
Applicant proposed to replace the
Belo
• • • e i • • • • - • O
• . • • - . - a . •kA all
COftp- PfYFED THROUGH ✓une 24 2022
APPLICANT:
Tidalwalk HOA, Inc.
c/o Elizabeth Lily/Premier Management Co.
Wiiming'.on, NC-ni9406
enl: Davey Resources Group, Inc.
Mark Westendorff
(910) 452-0001
FOR MORE DETAILS CQNTACT
THE LOCAL PERMIT OFFICER BELOW:
"Y
127 Cardinal Dr. Ext.
Wilmington,
NC 28405
Bryan Haim
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 2, 2022
MEMORANDUM
NORTH CAROLINA
Envitw nxnM7QualUy
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)
ca me ron. l u c k(cD N C D E N R. Q ov
SUBJECT CAMA
Applicant: TidalwalkHOA,Inc.
Project Location: 1421 Tidalwalk Drive, adj. to Myrtle Grove Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace the existing pier and platform, install a new
fixed fishing platform and extend the existing floating dock, for a total of nine (9)
formalized boat slips and one (1) transient slip at an existing community facility.
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 June 27, 2022. 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 NAM
AGENCY
SIGNATURE
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
D_EQ��
rr�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7%.7215
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC:1"rVrp,
Fee, $ y'So # 246",
CDAITS _ MHC cc —
Applicant: r IkACA
Agent/Contractor IDA _
5�G�
Project Site County:
Staff. 1�4r-r, `
District: Wilmington
Project Name:
Rover File: n/a
River Basin: C*=12,
Initial date of application submttal: ZZ
Date application 'received as complete' in the Field office:
Permit Authorization: CAMA Dredge & Fill Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: TYes No PNA: *Yes ❑No.
Photos Taken: 'Yes El No(�
Setback Required (riparian): Yes o
Critical Habitat: UYes UNo VNot Sure
15 foot waiver obtained: UYes No
Hazard Notification Returned:
❑Yes glNo
SAV: DYes FNo ❑Not Sure
Shell Bottom: ❑Yes o U Not
Temporary Impacts: Yes 7No
Sure
Sandbags: DYes NNo El Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP:IrYes ❑No
[]Yes �%o
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
❑Yes VNo ❑NA
❑Yes [?No ❑NA
7tK!)0 FF.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
pen or• Closed
�
O
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) C1 Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
❑ High Quality Waters (HOW) ilS Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salioornia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh oordgrass (Sparfina
El (SY) Salt reed grass (Spartina
allerniflora)
cynosuroides)
IDS) Salt or spike grass (Distichtis
(SC) Bulirush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
(JR) Black needlerush (Juncos
(SP) Sall/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
U III(A) Private w/ D&F up to 1 acre; 3490
U 111(D) Prly. public or cvmm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
0 III(8) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ II. Public or commercial/no dredge
$100
and/or fill - $400
1. Private no dredge and/or fill - $250
El III(C) Pdv. public or Comm w /D&F to 1
REGEIVED
acre; 4144 can be applied; DCM needs
DWO agreement - $400
ZOZZ
DCM-MHD CITY
Date
Received
Date
Deposited
Check From
Name of
Permit Holder
Vendor
Check
Number
Check—T Permit
amount Number/Comments
Rct. #
5/26/2022
Davey Resource
Group Inc
Tidalwalk HOA Inc.
United
Bank
2469
$250.00
major fee, 1421 Tidalwalk Dr.,
Wilmington NHCo NO Split
BH rct.
18051
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Major Permit Fee Schedule
Project Name-12& ,, ii County: Check No & Amount: $ZI9
r Oli -I- zq�;!Ck
T e
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the fillip or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
ll. 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, non-commercial
development, A 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:
111(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4475 cannot be applied:
IV. Development that involves the filling
-
andfor excavation or more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
RECEIVED
JUN 0 7 2022
DCM-MHD CITY
14C
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NC
Property Boundary
USAGE Navigation Channel
USAGE Setback
Taxparcels
USAGE Right of Way
30' CAMA Buffer
i I N
I
I
I
I 6' X 16' Raised Platform
1
I p
1
1
it 16' X 16' Raised Covered Gazebo
1 6' X 193' Fixed Pier and Stairs(Single Story Use Only)
i \
1 1 I
1
I
A
1
I
Proposed 34' X 8' Floating Dock
with Temporary Tie-up.
Existing Docking Facility
with Boat Lifts (No Changes)
v
I IM
Approximate Normal High Water
Iffer ,
.I 1
1 1
Property Boundary
1 1
1 I
O Cy
1 1
1 1
1 1
1
Cnu
NOTES:
Appx. Normal High Water 1, 2015 PARCELS FROM NCONEMAP.
Existing Docking Facility 2 NORMAL HIGH WATER IN THE VICINT OF THE DOCKING FACILITY
VERIFIED BY OCM STAFF ON Sr=2.
— _ _ _ _ _ _ — — — — 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL
PERMITTING ONLY.
0 15 30 60
USAGE ROW
a Waterbody Width
a
0
N
N
wffl
Resouroe Group
3 W iliNwile Ave SofW 15
Mmeglon, NoNh Carolina 28403
g1D452-0001
N
Proposed 8' X 16' Fishing Peir
Proposed 6' X 14' Fixed
Pier Extension (Does not
count towards Total Square
Feet Calculations)
N N
e; '
l DaleRevWonn vv
ToOalwalk HOA 4/21/2022 5120/22
1
1'=30' 1 DRGNCV021.207 I
Dock Plan View lumen By. TMw I.. r am 4 015
N(
L %CAMAI2021 CAMA FILESLLMG21.207 — 1421 Tl Klak Dr.
NHW
Existin Fid Pier, Cove Ned Gazebo, and Platform
(To be r placid) M
SACE
I
30' Buffer Proposed 6' x 1 �'�ix�d Pier xtension and 8' x 16' Fishing Platform
NHW Line 41 PI tf
1A
8
6 i
4 — — —
2
0
.2
e Approximate Existing Grade
0+100 0+110 0+20 0+130
Existing Fixed Rer, Covered Gazebo, an a orm
(To be replaced)
— — — — NHVT NHW
— — — — — — — — — — -
--
P1i1 s per Con CtOr n n n n n
e e
(Size, (ISpacing, Depth) II Approximate Existi
0+140 0+50 OI60 0+7o 0+180 0+190 1+UO 1+110 1+6 1+6 1+140 1+150
Proposed 6' x 14' Fixed Pier Extension and 8' x 16' Fishing Platform
— — — — — — — — — — — — — — — — — — — — — — -
---- ---- — — — ----F_NHW_-- — — — — — —
oniEacior — � n n n n t�
g, Depth) II I I II Approximate Existing Grade—
0+180 040 1+6 1+110 1+' o 1+3o 140 1+150 1+160
NOTES:
1. HYDROGRAPHIC SURVEY COLLECTED BY MCKIM & CREED MAY 18, 2017. WATER DEPTHS RELATIVE TO MLW NAVD 1988
2. 2018 PARCELS FROM NCONEMAP. 2020 AERIAL FROM NCONEMAP.
3. NORMAL HIGH WATER IN THE VICINITY OF THE DOCKING FACILITY VERIFIED BY DCM STAFF ON 5/10/22.
4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
1+7o 1+160 1+190
DA G 1
Rneum Group
3805 Wnyasvie Aw Sub 15
WkeinatM floral Ca w 254M
216
Tooalwalk HOA
Profile View A
Dock Detail
2+1W
=� t
A10
8
6
4
2
0
_2
F� FIVPA)
-8 MAY' 2 p hPi
z&
pcM WILMIN TOI
0 5 10 20
e Revision e:
4/21/2022 5/20/22
AS Noted DRGNCW21.207
rim BY Sheet Numlwr.
WAD 5 of 5
NC