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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/�� �\ 1 1� PlacardComment 6fZ� Applicant rW MIt— HbA Inc Pub A 61( Comment M,- Computer I A I'Y� Agent 1 k— W�sleH p,Vg'h1�1 yKLj� Deficiency Letter? DWR ACK Date 2 DWR Statements Physical Address i C12( "C,. U Field Rep. AECs cys! QT4 Habitat Development Designations-15AIDew) ,Q��' Buffer Riparian Notification? Green Card? Signed Form? Obj Waive 15' Fee Schedule xWater X Dependent �( X ;` Deed? Alvek NC x Raparian rights From Property line PH C� 4 u*e V-6 width Nav/Channel Proximity Residential Commercial FT calculations gft'or 27ft= N/A ISSUES OF NOTE Y,co - ev S�Tv �- R1o.� 1 LI I Tod k = — 22, -c16 'VA'k Cv+,� 16' X1b1 0t- C-.. -3 �b - k N-L,W - co^kvv-) , q 61,es -t^ I s ti--a— se'Kr- (14)A8111 " ar�\ ev� t K� ,' , , 2/3,/Zv16; K 9 6v V6 r� hY� �� , Z /13/tV6 Permit Checklist Major Development � Permit # Excavation/Fill Applicant Address PAY.(- A'LL� Cho ft ZCEI Q,Z SL0S County Physical Location including Waterbody Description MP Forms Dates Drawings # Drawings & Dates Development Types Including Conditions and Notes DWR 401 Certification # MP MP2 MP3 MP4 MP5 USACE SAW # Permit Fee 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 APR % 5 IWO OCM W11-MiNGTCN, NG N 10 7021 2720 0000 2655 2500 an a p s `V �L 'jxI d L � � � m G N O 0 N Z 2 nnni- 77p❑ 0000 2655 0889 7021 2720 0000 2655 2494 ■ Complete Items 1, 2, and 3. A S ' J ■ m Print your nao and address on the reverse X ❑ so that we can return the carts to you. ■ Attach tlda Card to the Heck of the mailpiece, e. ew d ftWIfed A6maJ C. �e Cron the }brit M apace permits. 1. JMtltlsArld�seeed hr. / D. b OOhvy address diften frtm Nam 1? U, f `t70�K cetsnus / G�w.scd t �ZfK, N YK ~ daiwy adaeea below jy N G o�WO3 a spa typo o P.wmr ra., Eqnn* IIINNIIIIIIIIIIIIIIIIIIIIIlit IIIIIIII11fi o 9590940263350296514178 °QiOai°""'a13 ^`ke0VMNWY 0amsb cmdk'Oft e" Ni taper f f&WW M M servke Ia6eJJ ❑ „nnd W pr MWW �Y ❑ Rretrkbd D*My 7021 2720 0000 2655 0896 fMe610°idD*0 Y PS Form 3811, July 2020 PSN 7530-02*M-M Domestic puturn Receipt ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we oan return the amd to you. ■ Attach title card to the back of the medpiece, or on the front It space permits. 1. AMIlde Addressed to: / 6;1, Jf✓ i�vd �j //ltiS+ o-I II I IINiI iIN III I NIl I I N I III ill I II I I II I II I II 9590 9402 6335 0296 5140 17 z Article Number (fl nder lion, sem'ce bW 7021 2720 0000 2655 2494 i Ps Form 3811, Duty 2020 PsN 753o-o2.eoo-aoss IS d*My Id AYES, eraer No yw ❑a,fop.u.e�erre o 0 CAW RMKIre0 0 an OShW . ❑ Cacho M odwy 0 svmrsca,eymetla, ° aPerkbd DAKWy Pmft Dgwy� Mail m n AaaNcsad om,.y W s nos Domesdc Paean Receipt 5/9/22, 10:27 AM USPS.wrr*- USPS Tracking® Results USPS Tracking® Track Another Package Tracking Number: 70212720000026552500 FACls ) Remove X Your item has been delivered to an agent for final delivery in RALEIGH, NC 27603 on May 9, 2022 at 8:21 am. USPS Tracking Plus® Available \/ G Delivered to Agent for Final Delivery Q May 9, 2022 at 8:21 am F RALEIGH, NC 27603 Get Updates \/ Text & Email Updates Tracking History V n May 9, 2022, 8:21 am Delivered to Agent for Final Delivery RALEIGH, NC 27603 Your item has been delivered to an agent for final delivery in RALEIGH, NC 27603 on May 9, 2022 at 8:21 am. 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I)CM WILMINGTON, NC https:#tools.usps.conVgo/TrackConfrmAGlon7tRef=fullpage&tLc=2&text28777=&tLabels=7O2i2720000026652500%2C 202 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 APR 2 5 2021 DCM w14M1NC'�ON p1G ... a.W.-•..'. s...:o-.-..vn-w..�.�..- e.�o.wrv.-..u.....•.......-n...w..nwM.M-...-..n.n�--.-ems.. t. <..... O<..w�.u..i 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 v 0 Z m n = O o 'a r3 m M n ram; v J N 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 .... �y�.��:... � ..�..`�:..'�. n/.:..�.✓.. .. n.. � � u� .�..-_ S �..ca.� �T._._..-...� ='r-. ..... �+/Mi ..� vac- J r A � .. .. ..._,,..�._.� . ^...._ r NG 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