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HomeMy WebLinkAbout25-17 Ward, Chris & AlisaPerrmit Class NEW 4 Permit Number 25-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Verm it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Chris & Alisa Ward, 311 Summer Rest Rd. Wilmington, NC 28405 Authorizing development in New Hanover County adi. to the AIWW, at 311 Summer Rest Road, Wilmington , as requested in the permittee's application dated 9/23/16, incl. attached workplan drawing;, dated 11/10/16. This permit, issued on February 23, 2017 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may to tines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and September 30 of any year without prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers, in consultation with appropriate resource agencies. 2) In accordance with commitments made by the permittee, excavation shall not exceed -4 feet below normal low water. In no case shall the depth of excavation exceed the depth Qfqulctj�gD waters. A C � N C (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 fiuther Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. FEB 2 8 2017 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. '8�� V- 14,0- Fvr Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Chi, & Ajisa Ward Permit No. 25-17 Page 2 of 3 ADDITIONAL CONDITIONS 3) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 4) No spoil material shall be placed within 30 feet of the normal high water line. 5) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 6) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Maintenance Clause 7) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any future maintenance work, as authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. U.S. Army Corns of Enzineers Conditions 8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://w-,vw.Avs.gov/nc- es/mammal/manatee guidelines.pdf. 9) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this projeRECEIVED FEB 2 8 2017 DCM- MHD CITY Chi'i^& V sa Ward Permit No. 25-17 Page 3 of 3 ADDITIONAL CONDITIONS 11) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre - project condition. 12) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall 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. General 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 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) This permit does not authorize the interference with any existing or proposed Federal project, and the per nittee shall 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. 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: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2015- 00612. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 2015-0237v2. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED FEB 2 8 2017 DCM- MHD CITY Division of Coastal Management Application Processing Notes Applicant: (Jk) S F A-LOt A- V11IFK� — Type (check all that Uplvl NEW MAJOR MOD MINOR MOD RENEWAL TRANSFER Permit Coordinator: 5 Field Representative: SUQ -4kf-,) - Date/Time Message S-rA- r Tov-, -51 ,gam,-r VAS (\�- b c�-ss � J t - 4 LLCu.LD WVKyc �oRTtfe �U OV0-- - 3VN-"o Limir -m -4' ae&6,t� 2.P3/11 SSLA-&r► C& , RECEIVED FEB 2 S 2017 W 15 November 2016 MARITECH DREDGING Innovative Solutions for the Marine Environment NC DCM 127 Cardinal Drive Extension Wilmington, NC 28405 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4058 RECEIVED DEC 15 2016 CRND CITY The enclosed CAMA Major permit application for Chris and Alisa Ward of 311 Summer Rest Road, Wilmington, in New Hanover County requests authorization to excavate a boat basin adjacent to an existing docking facility. The existing 4 slip docking facility was authorized by CAMA Major Permit #59-15 issued to Charles Sweeney on May 12, 2015 and is due to expire on December 31, 2018. The Sweeney docking facility survey and approved major permit drawing are enclosed as part of this permit application. The proposed boat basin would measure approximately 36 feet wide by 100 feet long and would connect to the existing -5.0 feet water depth of Greenville Sound and the AIWW. The waters adjacent to the pier are closed to the harvesting of shellfish and are not designated as Primary Nursery area. The proposed excavation would remove approximately 535 cubic yards of sand with a barge mounted excavator. The spoil material would be transported on a barge to a private upland spoil disposal site. RECEIVED DCM WILMINGTON, NC NOV 18 2016 DCM MP-1 APPLICATION for Malor Development Permit DEC 15 2016 (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner information Business Name Project Name (if applicable) Applicant 1: First Name Chris MI Last Name Ward Applicant 2: First Name Alisa MI Last Name Ward B additional applicants, please attach an additional page(s) with names listed. Mailing Address 311 Summer Rest Road PO Box City Wilmington. State NC ZIP 28405 Country USA Phone No. 910-509-1340 ext. FAX No. Street Address (if d/lferent from above) City State ZIP Email drehdsward@gmail.com 2. Agin—-ontractor Information �. Business Name Maritech, LLC Agent/ Contractor 1: First Name MI Last Name Adam Knierim Agent/ Contractor 2: First Name MI Last Name Mailing Address PC Box City State 108 Circle Drive Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910-297-7710 ext. ext. FAX No. Contractor # Street Address (if different from above) City Stale ZIP Email RECEIVED adamknierim@gmail.com DCM WILMINGT <Form continues on back> Nov 18 2016 252-808.2808 :: 11-888.4111COAST :: www.nccoastalmanagement.net .. Form DCM MP-1 (Page 2 of 4) REECEIVED APPLICATION for Major Development Permit rr - - onic Pro eft County (can be multiple) Street Address �^ - . r tit CITY State Rd. # New Hanover 311 Summer Rest Road Ir Subdivision Name CRY State Zip Wilmington NC 28405 - Phone No. Lot No.(s) (if many, attach additional page with list) 910-509-1340 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Greenville Sound 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? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No - work falls within. Wilmington 4 Site scri ton a. Total length of shoreline on the tract (ft.) to Size of entire tract (sgft.) 115.54 feet 12,197 sq.ft. (0.28 acres) c. Sae of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If man; lot sizes, please attach additional page with a list) +8 feet ®NHW or ❑NWL e. Vegetation on tract Landscape vegetation and coastal wetlands. f. Man-made features and uses now on tract Single family residence with private 4-slip docking facility. g. Identify and describe the existing land uses adlacent to the proposed project site. Residential. homesites to the east, west and north, the AIW W to the south. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVE --w YYILMINI:i I UN, NC <Form continues on next page> NOV 18 2016 252-808-2808 .. I.888.4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes [:]No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilkies. municipal sewer / CFPUA. RECEIVED o. Describe existing drinking water supply source. DEC 1 5 2016 municipal water / CFPUA p. Describe existing storm water management or treatment systems..` •\, None i 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Privale/Communily b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant is proposing to excavate a boat basin adjacent to an existing 4-slip docking facility to provide water access. 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. A barge mounted excavator will be used to conduct mechanical excavation of the proposed boat basin. A skidsteer will be used to off load the excavated material at the designated spoil location. d. List all development activities you propose. The applicant is proposing to excavate a boat basin adjacent to an existing docking facility to provide water access. e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 40,000 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stormwater be discharged into a wetland? ❑Yes®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED DCM WILMINUI UN, NU <Form continues on back> Nov 18 2016 252-808.2808 :: 1-888-4ROOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package robe 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 items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Robert Gibbons Phone No `i3 m Address 307 Summer Rest Road Wilmington NC 28405- Name Ben Zucker Phone No. Address 1052 Sunset Meadows Drive Apex, NC 28623 Name Barbara Zucker Phone No. Address 101 W. 55" Street New York NY10019 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit #59-15 for docking facility h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) 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 th The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to, this permit apr/2rQf�up� monitoring of the project. V E I further certify that the information provided in this application is truthful to the best of my knowledge. DEC 15 2016 Date %/�3�/t' Print Name Adam Knierim, Signature � DCM- M i= CITY Please indicate application attachments pertaining to your proposed project. FtECEI G 0ONr NO ®DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Cu(yy1LMIN ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 011 g 2016 252-808.2808 .. 1-888-4RCOAST .. www. ncconstalmanagement. net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. Ail values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 100 Width 36 Avg. Existing Depth 2.0 NA NA Final Project Depth 0 NA NA 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. sand /- 276 c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), N/A or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None l Describe the purpose of the excavation in these areas: N/A 2. DISPOSAL OF EXCAVATED'MATERIAL a. Location of disposal area. Agnes Beane Site- private disposal adjacent to USACE DA 248 c. (i) Do you claim title to disposal area? ❑Yes NNo ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL NNone (ii) Describe the purpose of disposal in these areas: WA El This section not applicable In Dimensions of disposal area. 200 x 200 d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? same I. (i) Does the disposal include any area in the water? ❑Yes NNo ❑NA (ii) If yes, how much water area is affected? N/A R�lr�Ifal�.J Vt® DEC 1 5 2016�' ®eNMI 252-808-2808 :: 1-888-4RCOAST :: www.neconstalmanaaement.net revised: 12/26/06 . Forth® MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization b. Length []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 - months? ❑Yes ❑No ❑NA - (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? silt fence and/or appropriate erosion control measures- c. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. 12/06/2016 Date Chris and Alisa Ward Project Name - submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? barge mounted excavator and skidsteer. d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes El ❑NA (ii) If yes, explain.steps that will be taken to avoid or minimize environmental impacts. Adam ! ierim _ Aplli/ I?G.M UUILMINGTON, f''' ppucant algnatu �_l-15zl 252-808-2808::1-888-4RCOAST-. www.nceoastalmanaaLJ eownt-net �i1111 %�IHD CIT . revised: 12,�26,06 Approx. R/C 15 I 15' setback Existing Docking Facility (see sheet 2 of 2) 76' I—T* 11 XnV \ / 3.O/x 4.0 Proposed 136' x 100' f Boat Basin n a Ward Boat Basin 11 /10/2016 Sheet 1 of 2 scale 1" = 30' drawn by: A. Knierim I Revised 12/06/2016 15' setback 15 80' Fed. Channel Setback Approx. R/C I NLW Existing Docking Facility RECEIVED DCM WILMINGTON, NC Proposed Boat Basin 36'W x 100'L Final Depth -5' @NLW N Edge of Fed. Channel R L..C E [-- 's �E 1'1G � DEC 15 2016 DCM— [,,fHID Cs I -1 -2 -3 Vertical = NTS I DEC 0 6 2016 I 4 6 MARITECH DREDGING 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 Innovative Solutions for the Marine Environment field910.297.7710 fax 910.270.4058 Coastal Management ENVIRONMENTAL OUALITV MEMORANDUM: TO: Brooks Surgan, DCM Field Representative FROM: Curt Weychert, DCM Fisheries Resource Specialist SUBJECT: Permit # 25-17 Dredge Moratorium Relief Request DATE: March 27, 2017 ROY COOPER Governor MICHAEL REGAN &&Cary BRAXTON DAVIS Dimaor WAILED dd FILE A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the dredge moratorium relief request for proposed actions that impact fish and fish habitats. A moratorium on in -water work, to include dredging, from 1 April to 30 September is recommended to reduce the negative effects on critical fish life history activities. Dredging may cause the resuspension of sediment, resulting in an increase in turbidity that larvae, juveniles, and especially filter feeding species, can be acutely susceptible. In the instance involving permit # 25-17, because of the sediment characteristics, the relative amount and technique of dredging, along with the high tidal exchange, the expected adverse effect on nearby productive fish habitat or fisheries resources will be limited. For these reasons, the applicant will not be released from the original permitted conditions, however, will be allowed one week into the moratorium to complete the work. If all dredging is not completed by April 8, 2017, further consultation will be needed. Respectfully, Purtychert Fisheries Resource Specialist Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt.Wevchert@pcdenr.gov with further questions or concerns. $tote of North Carolina I Enviroranental Quality I Coastal Management 400 Commerw Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330(fax) '01 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT U APPLICANT'S NAME: Chris and Alisa Ward c/o Adam Knierim 2. LOCATION OF PROJECT SITE: 311 Summer Rest Road, adjacent to Greenville Sound and the AIW W, in Wilmington, New Hanover County. Photo Index - 2006: 22-7424,1-7 RECEIVED Latitude:34°13'18.40'N Longitude:77°48'41.54'V DEC 15 2016 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/09/2016 DC M- M H D CITY Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 11/18/2016, 12/06/2016 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington Land Classification From LUP - Residential, Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal Sewer Planned - N/A (F) Type of Structures: Existing — Single family residence, driveway, timber & concrete bulkhead, and open water 4 slip docking facility. Planned — Excavation of a boat basin (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Open water 3,600 sq. ft. (C) Other — Upland (Disposal Site 40,000 sq. ft. (D) Total Area Disturbed: 43,600 sq. ft. (1.0 acres) (E) Primary Nursery Area: No (F) Water Classification: SA;ORW Open: No PROJECT SUMMARY: The applicant proposes to excavate a boat basin adjacent to an existing docking facility. ,Chris',and Alisa Ward c/o Adam Knierim `, Paget RECEi V ED 9. PROJECT DESCRIPTION: DEC 15 2016 The project site is located at 311 Summer Rest Road, adjacent to Greenville Sov, and the Atlantic Intracoastal Waterway (AIWW), in the City of Wilmington, New Hanover County. To locate the 'project site froth the Wilmington Regional Office (WiRO), tam left off of Cardinal Drive Ext. and travel east on Eastwood Road (US Hwy 74/76) towards Wrightsville Beach. Drive 2.81 miles down Eastwood Road and turn left, right before the draw bridge on to Summer Rest Road and travel approximately 0.25 miles. The project site will be number 311, located on both sides of the road. The property is approximately 0.28 acres, or 12,197 sq. ft., and is currently developed with a two story single-family residence and driveway located on the West side of Summer Rest Road, and a 4 slip docking facility adjacent to the Greenville Sound and AIWW on the East side of Summer Rest Road. Vegetation on the site consists primarily of maintained lawn grass and ornamental landscaping. The property has an elevation of approximately 8' above normal high water (NHW) and has approximately 115 ft. of shoreline frontage along the AIWW. There is a narrow section of section "404" type wetlands located on the waterward side of the property, which consists of Marsh Pennywort (Hydrocotyle umbellata), and Groundsel Bush (Baccharis angustifolia). Coastal Wetland species located adjacent to the property include, but are not limited to: Black Needle Rush (Juncus roemarianus), Sea Lavender (Limonium, spp), Salt Meadow Grass (Spartina patens), Smooth Cordgrass (Spartina alternj7ora), and Cattails (Typha sp.) in an area approximately 290 ft. in width (See sheets 2 of 2). There is a 30 ft. wide navigable channel running through the coastal wetlands area, approximately 160 ft. waterward of NHW. The applicant also maintains an existing docking facility, which is currently located within the AIWW. The existing access pier, measures approximately 430 ft. in length by 6 ft. in width and spans over the existing wetlands towards the AIWW which terminates in an "L"-head gazebo measuring approximately 16 ft. in length and 16 ft. in width. An access ramp then leads onto a floating dock, measuring approximately 40 ft. in length by 6 ft. in width which runs perpendicular to the shoreline. One boatlift is installed on the most landward end of the floating dock to the south measuring 14 ft. in length by 14 ft. in width. The existing docking facility currently accommodates four (4) vessels within existing water depths ranging from approximately 4 ft. to -2.0 ft. at mean low water (MLW). The 30 ft. wide navigable channel is spanned with a 45 ft. section of pier elevated 6 ft. above NHW. It should also be noted that the adjacent riparian property owner to the south (307 Summer Rest Road) has an active maintenance permit for an existing 50 ft. in length, 35 ft. in width, and -4 ft. in depth basin authorized by State Permit No. 07-09. The adjacent riparian property owner to the North (315 Summer Rest Road) was issued State Permit No. 27-02, which authorized the excavation of a 75 ft. in length, 50 ft. in width, and -4 ft. in depth basin. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground area of project site as Conservation. There are no known archaeological sites located in the project vicinity. The waters of AIWW are classified SA;ORW by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to excavate a new basin within the AIWW. The application states a new basin, measuring approximately 100' in length by 36' in width to a final project depth of -5' @ NLW, which would be the same depth as the connecting waters of the AIWW. The proposed basin area is not located within the adjacent property owner's riparian corridor to the north or to the south. The application states that the dredging limits would maintain a 10' setback from the existing marsh substrate. The material would be excavated mechanically by bucket -to -barge method, which would result in the removal of approximately 535 cubic yards of material. The excavated material would then be hauled to Agnes Beane Site, a private disposal adjacent to USACE DA 248, located approximately 0.9 miles south of the project site at the confluence of the AIWW and Motts Channel (US Army Corps of Engineers (USACE) Disposal Site No. DA-0248). Chri*and Alisa Ward c/o Adam Knierim Page 3 The proposed dredge area would measure approximately 100' in length by 36' in width along the inner spine of the floating dock system. Approximately 535 cubic yards of material is proposed to be removed by mechanical dredging. The proposal would achieve a final depth of approximately -5' @ Normal Low Water from existing depths of approximately -2' NLW. The application includes authorization from the property manager for use of the spoil disposal island located at the confluence of the AIW W and Motts Channel (USACE Disposal Site No. 0248) on the portion currently owned by Agnus Beane. 10. ANTICIPATED IMPACTS: The proposed excavation would impact approximately 3,600 sq. ft. of shallow bottom area. The disposal of the approximate 535 cubic yards of material would impact highground within the allocated spoil disposal area measuring approximately 200' in length by 200' in width as indicated in the application. Minor increases in turbidity should be expected during construction. A 39 ft. in length by 36 ft. portion of the proposed basin will be within the 80' Federal Navigation Channel Setback. Submitted by: Brooks Surgan Date: December 12, 2016 Office: Wilmington RECEIVED DEC 15 2016 DCM- MHD Ci y DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Chris and Alisa Ward COUNTY: New Hanover PROJECT NAME: Ward Boat Basin Excavation RECEIVED LOCATION OF PROJECT: 311 Summer Rest Rd, adjacent to the AIWW, in Wilmington DEC 15 2016 DATE APPLICATION RECEIVED COMPLETE BY FIELD:12-6-16 / FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Brooks S/ne urggan DISTRICT MANAGER REVIEW: ✓j2'2— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 12-15-16 '/ 5 Zurktr C ADJ. RIP. PROP NOTICES REC'D APPLICATION ASSIGNED T C) 75 DAY DEADLINE: MAIL OUT DATE:12-15-16 FEDERAL DUE DATE: To Be Forwarded: DC M- M FI D CITY To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: $400 / #2351 END OF NOTICE DATE: 1-5-17 DEED RE D. (I 1g Ilv ON: I 150 DAY DEADLINE: STATE DUE DATE: 1-5-17 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY of 1 aPprWn) [roan M nlOsh' Cr`+q�G. II/IQ DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency I Division of Community Assistance Land Quality Section (DEMLR) C/SL?W"s i-r> I acre Division of Water Resources (401) I bot 7 2-0I S 0237 Storm Water Management (DEMLR) 12 1 Ills State Property Office 1 I Z 21 Ito Division of Archives & History Division of Environmental Health I? yq I to Division of Highways 17�L g�1 V Wildlife Resources Commission 7 ', Local Pennit Office 1 3 17 Division of Marine Fisheries / DCM 1kI Lcc(kU h -4 i? co. Corps of Engineers 2 Iu 17 f% wos 12/2>,/I(, kL. Recommendations for State Permit — Chris and Alisa Ward c/o Adam Knierim December 12, 2016 This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(ax2), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed so as to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. It is the staff s recommendation that the proposed excavation is CONSISTENT with the Rules of 15 A NCAC 07H.0208 (b) (1) which states, "Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this subchapter." If the USACE does not object, then this office would have no objections to this proposal. It is recommended that any permit issued should include standard permit conditions. RECEIVED DEC 15 2016 DCM- NIHD MY MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Chris and Alisa Ward, Wilmington, New Hanover County Date: February 16, 2017 CONSISTEN TERMINATIO This project is consistent with the Wilmington - New Hanover County Joint Land Use Plan. The applicant proposes to excavate a boat basin adjacent to an existing docking facility. The project is located at 311 Summer Rest Road, adjacent to Greenville Sound and the AIWW, in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is not 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 Conservation. In general, New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the 2016 New Hanover County Comprehensive Land Use Plan. Cc: File RECEIVED FEB 2 S 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office PAT MCCRORY Govemar DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Chris and Alisa Ward Project Location: 311 Summer Rest Rd., adjacent to the AIWW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached'" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent., Wilmington, NC 28405 910-796-7215 4"L Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Davc r December 13, 2016 �y 94C 151�71c3 TO: Dan Sams District Manager-DEMLR = Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCcilncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Chris and Alisa Ward Project Location: 311 Summer Rest Rd., adjacent to the AIWW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. &A. lid sj»rAL,..9eL.�cr a�j 4/wrocr, eo.-�ro 1 p %,ten ITP /, eJ; o,. .1. j a joFn / I ; s XIL . Il s . 4; cue. o. < exert_ . This agyncy objects to the projec for reasons described in the attached comments. SIGNED �✓ / DATED i Z'/2z// (. RECEIVED DCM WILMINGTON. NO DEC 22 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 - AH Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: Robb Mairs 401 Wetlands DWR-WIRO PAT MCCRORY Cowmo DONALD R. VAN DER VAART Sucre/ary RECEIVfib/iV 5ENR/MWR DEC 13 n6 Water Quality Regional Operations Section Wilmingto, '�Paiara' Office BRAXTON DAVIS DlreGor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext.. Wilm. NC 28405 heather. coats(a)ncdenr.-gov Fax: 395-3964 Courie►_ 04-16-33 SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Chris and Alisa Warr/ Project location: 311 Summer Rest Rd., adjacent to the AIWW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and tum this fortn to Heather Coatslat the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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** j ��� I ,5 t7 This agency has no comment on the proposed project. In )��1t3(: I 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. SIGNED\�� "�� DATED D RECEIVED ()CM WILMINGTON, NC State ofNonh Camlina I Envim nlal Quality l CWW MMpmt FEB 0 1207 127 Carnal Dime Ed., Wdmingran, NC 26W 910-796-7215 Water Resources Environmental Quality January 30, 2017 Chris and Alisa Ward 311 Summer Rest Road ROY COOPER Governor WCHAEL S. REOAN Secretary S. JAY ZEAMERMAN Director DWR Project # 2015 0237v2 New Hanover County 01A Wilmington, NC 28405 _y { `<y J)-�7 tJ-�' f s.. I-> Subject Property. 311 Summer N]u 11AJ is Rest Road- Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. and Mrs. Ward: You have our approval, in accordance with the attached conditions and those listed below to perform excavation within an existing private docking facility, as described In your CAMA application dated December 6, 2016, and received by the Division of Water Resources (Division) on December 13, 2016. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed Impacts or to conduct Impacts to waters as depicted, in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: !'Nothing Compares'.._. State of North Carolina I Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 29605 910-796-7215 Ward DW R Permit # 20150237v2 January 30, 2017 Page 2 of 4 Amount Approved (Units) Plan Location or Reference Open Waters Approximately 0.08 acres (Excavation of basin) Sheets 1 through 2, project narrative Coastal wetlands N/A 404/401 wetlands N/A Buffers N/A 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. 3. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of Its contractors (and/or agents) a copy of this Certification. 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. S. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 6. All mechanized equipment operated near or in surface waters will be regularly inspected and maintained to prevent contamination of waters from fuels, lubricants, hydraulicfluids or other potential toxic. chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contactthe Division of Water Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina oil Pollution and Hazardous Substances Control Act. Ward DW R Permit # 20150237Q January 30, 2017 Page 3 of 4. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,. and any subsequent modifications, the' applicant and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources,1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at: http://portal.ncdenr.orpJweb/wa/swn/ws/401/certsandpermits/apply forms). Violations of any condition herein set forth may result In revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts orto conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit: This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E 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 htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Mondaythrough Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC.27699-M.4 if sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam.M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Ward DWR Permit # 20150237v2 January 30, 2017 Page 4 of 4 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7427 or Robb.Mairs@ncdenr.¢ov. Sincerely, J G egson, Regional Supervisor W Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 3900 ec: Tyler Crumbley - USACE Wilmington Regulatory Field Office -Electronic Copy DWR 401 & Buffer Permitting Branch file - LF Heather Coats - DCM Wilmington -Electronic Copy Adam Knierim — Maritech Dredging— Electronic Copy WiRO r1_9 Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: Georgette Scott Stormwater Section DEMLR - WiRO PAT MCCRORY (lavemor DONALD R. VAN DER VAART Secmlar BRAXTON DAVIS Dbeemr EeCE1VE DEC 13 2016 BY:� FR VI: \ Heather Coats, Assistant Major Permits Coordinator Y11 t NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge 6 Fill Application Review Applicant: Chris and Alisa Ward Project Location: 311 Summer Rest Rd., adjacent to the AIWW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: F/ 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. SIGNED DATED /2-/2zl/l/4 RECEIVED [)CM WILMINGTON, NC State of Noah Carolina I Environmental Quality I Coastal Managemrnt DEC 21 2016 127 Cardinal Drive Ent., Wilmington, NC 28405 910-796-7215 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY April 13, 2017 Mr. Chris Ward 311 Summer Rest Road Wilmington, NC 28405 Subject: EXEMPTION Stormwater Project No. SW8161213 Ward Boat Basin Excavation New Hanover County Dear Mr. Ward: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director On December 13, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on December 20, 2016 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. Sincerely, For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: 111StormwateAF`ermits & Projects12016 \161213 Exemption12017 04 permit 161213 cc: Maritech LLC New Hanover County Building Inspections RECEIVED Brook Surgan/Shaun Simpson —DCM WIRO DCM Morehead City APR 2 5 2017 Wilmington Regional Office Stormwater file DCM- MHD CITY State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Mrnington Regional Office 1127 Cardinal Drive Extension I Wilnungtoa NC 28405 910 796 7215 0 Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 DEC 15 2016 STATc =RTY TO: Tim Walton Dept of Administration State Property Office PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Direclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats()-ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Chris and Alisa Ward Project Location: 311 Summer Rest Rd., adjacent to the AIWW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "/additional comments may be attached"* ,//This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED C;Z /4_' DATED /d11L//L RECEIVED DCM WILMINGTON, NC DEC 21 2016 State of North Carolina I Environmental Quality I Coeatal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 istalManagement IIPONMENTAL OUALITY December 13, 2016 TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Gu.e r DONALD R. VAN DER VAART s<.:n ny BRAXTON DAVIS Din or Renee Gledhill -Early Dept. of Cultural Resources NGN ib Archives & History r I' Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsailncdenr.gov Fax: 395-3964 (Courier 04-16-33) \I ,,�1 ;e116 CAMA / Dredge & Fill Application Review u Chris and Alisa Ward 311 Summer Rest Rd., adjacent to the AIWW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED f 4 Q Ji 7 t7e �1Lelr DATED Received DEC 3 0 2016 DCM State ofNon6 Carolina I Envimnmenlal Quality i Co=l Management 127 Cardinal Dri%e at., Wilmington, NC 29405 DEC 1 �Otfi 910-796-7215 0 Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY covemar DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director VtECEN ED DEC 2 9 NIS DCM_ MHp CITY FROM. Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Chris and Alisa Ward Project Location: 311 Summer Rest Rd., adjacent to the AIWW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. For A/Vdy RO Nt5 SIGNED DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 L Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: Ben Hughes NC Dept. of Transportation NH Co. & BR Co. PAT MCCRORY Governor DONALD R. VAN DER VAART S"remry BRAXTON DAVIS Diredu, DISTRICT 3 DEC 19 2016 RECEIVED FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats().ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Chris and Alisa Ward Project Location: 311 Summer Rest Rd., adjacent to the AIWW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. nal comments may be attached** This agency has no comment on the proposed project. SIGNED / 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. DATED rZ — 2 f — 1 y RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management DEC 2 8 2016 127 Cardinal Drive E.I., Wilmington, NC 29405 910-796-7215 RECEIVED ' [)CM WILMINGTON, NC DEC 2 8 2016. Coastal Management ENVIRONMENTAL OUALR December 13, 2016 PAT MCCRORY cownwr DONALD R. VAN DER VAART Sa -r y BRAXTON DAVIS DOrabr TO: Ben Andrea Local Permit Officer Supervisor County of New Hanover FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 12T Cardinal Drive Ext., Wilm., NC 28405 heather coats(ftcdenr oov Fax: 395-3964 (Courier 04-10-33) SUBJECT: CAMA / Dredge & Fill Appllcadon Review Applicant: Chris and Alisa Ward Project Location: 311 Summer Rest Rd.; adjacent to the AIWW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coata at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Brooks Surgah at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED (-7 I srfenfX0thC=uEwIBnir m QaaftIyIC=WIduae®em 127 CadbW Dfin Hat.. WHMWP ,NC 2MW 910-W(67215 Coastal Management ENVIRONMENTAL QUALITY C I� t2 , f✓ December 13, 2016 TO: Maria Dunn NC Wildlife Resources For WiRO DEC 2Qi8 FrL e e. r �. i� C0 >at p14vi1't PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretory BRAXTON DAVIS Drrec'lor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa()..ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Chris and Alisa Ward Project Location: 311 Summer Rest Rd., adjacent to the AIWW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED A4 c. � I i DATED I- S' 9oi-q- DCM RECEIVEDLNGTON, NC JAN 0 9 2017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910.7%-7215 NO Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City PAT MCCRORY Govemar DONALD R. VAN DER VAART Se —ray BRAXTON DAVIS Dwelor RECEIVED DEC 15 Z016 DCM- MHD CITY FROM: Heather Coats, Assistant Major Permits Coordinator NCDECI - Division of Coastal. Management 127 Cardinal Drive Ext. Wilm., NC 28405 heathercoatsaancdenroov Fax: 395-3964 YCur% fly .` a SUBJECT:' . CAMAI Dredge 8 Fill Application Review Applicant; Chris and Alisa Ward Project Location: 311 Summer Rest Rd., adjacent to the AIWW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below jlour agency's position orviewpoint on.the proposed, project and PT€srifh .d rw k',s^s - 4 WA LSJ rRrurnanrs.�torm ro�nearn,er�roarssat the address above by January 5, 2017. If you have any questions regarding the proposed, project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED I Received JAN 0 4 7011 Slate ofNoA C=Hoa I EavimnmeoW QmaliO' I CoUtal Manag=t DCM 127 Cardinal Driw Ext, Wilmington, NC 29405 , 910-796-7215 Coastal Management BRAXTON DADVKIS Iar ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM:. Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Chris and Alisa Ward DATE: 1/4/2017 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to excavate a.boat basin adjacent to an existing docking facility. The surrounding waters are classified as SA, ORW, and are closed to shellfish harvest. The applicant proposes a dredge footprint of 100ft long x 36ft wide x -5ft deep at Normal Low Water (NLW), removing approximately 535cyof material and impacting 3,600ft2 of shallow bottom habitat. There are two adjacent facilities that currently have dredge authorization, and both are authorized to -oft at NLW. It is recommended that the dredge depth be reduced to -oft at NLW. This reduction will minimize the overall impact to shallow bottom through decreasing the length of the dredge footprint, dredge depth, volume and area disturbed, and remain consistent with dredge footprints in the vicinity. Finally, a moratorium on in,water work, to include dredging, from 1 April to 30. September is recommended to reduce the negative effects an critical fish life history activities, to include spawning migrations and nursery functions. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or ere¢e.bodnar@ncdenr.eov with further questions or concerns: Smm of North Camrma 1 Fnvimnmentei Quality 1 Cmtal M•.nagemmt 400 Commerce Avenue I Momhmd City, NC 28557 252-808-28081252-247-3330 ftaz CL Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 TO: Heidi Cox Assistant Regional Engineering Supervisor Public Water Supply-WiRO PAT MCCRORY covemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS l Director ` w1sl DEC 152016 r �o t i far,;,, ublico' ers0urces SuDW FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Chris and Alisa Ward Project Location: 311 Summer Rest Rd., adjacent to the A/WW and Greenville Sound, in Wilmington, New Hanover County Proposed Project: to excavate a boat basin adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 5, 2017, If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"' This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE� DATED L� C Il& RECEIVED DCM WILMINGTCN, NC DEC 2 2 2015 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive ExL, Wilmington, NC 28405 910-796-7215 Coats, Heather From: Crumbley, Tyler A CIV USARMY CESAW (US) <Tyler.Crumbley@usace.army. mil> Sent: Tuesday, February 14, 2017 4:14 PM To: Coats, Heather; Mairs, Robb L Cc: Surgan, Brooks R Subject: Recommended Conditions for 311 Summer Rest Road SAW-2015-00612 Heather and Robb, Below are the recommended conditions from the federal review. I will send a hard copy to Doug tomorrow Thanks. -Tyler The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 2. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 3. Best management practices identified as field marking existing oyster reefs and shell bottom locations at low - tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 4. In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 7. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 8. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 9. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 10. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety. 11. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 12. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 13. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 14. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 15. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 17. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate ins st of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the m moveent �( and the immediate stabilization of all disturbed areas. Additionally, the project must remain in fulliance with\all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapt r 113AA i%e�j. 2 18. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 19. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 20. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone:910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http:Hregulatory.usacesurvey.com/" RECEIVED FEB 2 8 2017 DCM- MHD CITY Y *` DEPARTMENT OF. THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS - 69'DARLINGTON AVENUE * {, WILMINGTON,.NORTH CAROLINA.28403-1343: March 1%2017 Regulatory Division Action ID No SAW-201540612; 311 Summer Rest Road; Wald- Mr. and Mrs. -Chris Ward, ' 311 Summer Rest Road Wilmington, North Carolina 28405 DearMn and Mrs. Ward: " Reference your• application for a Department of the Army permit to dredge a boat basin adjacent to AM existing docking facility m the AIW W located at 311,Summer Rest Road, Wilmington, North `' '-Carolina. •, Your proposal has been reviewed and found to be consistent; with the provisions and objectives of . . ttie♦CAMA Corps Programmatic Permit process {copy attached) for construction activites'that receive authorization°from'the State of North Carolina. Thetefo e, you -may commence construction activity m strict accordance with applicable State authorization and attachedFederal special conditions Failure to plywith m { co " the State authorization or conditions of the Federal permit could result in civil, 'administrative penalties. i If any change in your work'is regdired because of unforeseen or'alteted conditions or for any other ` reason, plans fevisedao show the change must.be sent promptly to this office and the North Carolina aD vision'of Coastal Management prior to performing any such-change.or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your D"eparimenfof the Army permitwill64rc',on December 31,,2021. Questiofs.or-comments may be addressed to Mr. Tyler•Cr_umbley, Wihnington`hield Office, ' Rcgalato`ryBranch,'telephone 910-251A170. Sincerrl6 -A %% ✓l Tyler Crumb ley i Regulatory Project Manager _ r u 4 copies fiu stied (wlo enclosures):; .: Dr Pace Wilber National Marine P!shenes Service { -Habitat Conservation Division; 219 Fort John'soriRoad ` a - Charleston, South Carolina 29412<911Q Dr ICen Riley �' t National Marine fisheries Service Habitat Conservation Service k PAvers Island r; t Beau'ort,NoitliCarobaa, 28516-, Mr: Doug Hugett Dvision of Coa'stai Managementi - `Nbith Carolina Department of Environmental Quahty, " 4t}0 Commerco Avenue +' Morehead Ctty North Carolina 28557-3421, MS ;Debra Wilson Division of,Coastal Management . North Carolina Department of ,;Environineiifal Quality, " . 127 CardmalDnve , Wilmmgton,.North Carolina 28405' I 1 Ms Raren Hrggiris f Drvis�on of Water Quanty.,; North CarlaiiaiDepartment of Bnvironrnental Quality 1650 Mail Service Center Ralergh, N6A Carolwa : 27599.-1650 ' E MrPeteBenjanu s S"Fish and Wildlife Service, Pish°an.d Wild ife•.Enharicement �. Mx Post, OfficeBo�c3324s Raleigh, North"Carolina 2763673726' Y , Mr Todd Alter Bowers US EPA Region 4 Life Scientist; 4t6r Protection Division` ` 61: Forsyth Street, SW Atlanta Georgia-303-8960 r 2 F -1305113-Mr. ScottMOAlGOn United, States, Coast Guard' Sect6iNorth Carolina Waterways'Man,agemerit 230E. Fort Macon' . Rd Atlantic Beach; North Carolina 28512 Ms. Heather Goats Divisiof n of ConstalManageniqnt North Caro'lihaDepartment, of Environmental'Quality 227 Cardinal Drive, Wilmington, North Carolina 28405 Mr. R6b,b Mails Division of Water Resources .1 North Carolina Department of Environmental Ouility 127 Cardinal Drive' Wilmington,North Carolina 28405, K 3 ' Special Conditions._ 311 Summer -Rest Road/Ward SAW-2015-00612' a 1. 'In `order to furtherprotectthe endangered West Indian Manatee,-Tricliechus manatus the applicant must implement the•U.S: Fish and Wildlife Service's"Manatee Guidelines; and strictlyadheie.to all requirements therein: The guidelines can be found at httn://w%vw.fws. og v/nc- es/riammal/mi natee nuidelines.pdf ' 2. All excavated materials will be confined IIandward.of,the mean high water level elevation• contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any' vegetated.wetlands or surrounding waters. Best management practices identified as field:marking existing oyster reefs and shell bottom locations at lcW-tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. ' 4. "' . In order to protect juvenile finfish resources, no: excavation or filling activities wilf be. { • ' . `'.,r permitted between the dates of April. I and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S,.Army Corps of Engineers. ' Tha ercnittee must install and P maintain, at his expense, any signal lights and signals' • prescribed by the U.S. Coast Guard, through regulations or otherwise; on authorized, fee ilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office` at (910) 772-2191. : ,. - b.. All wor'k.authorized bythis•permit must be performed in strict compliance with the - z submittedplans,;which are a part of this permif"Any modifteation to these plans must be approved by the US ` Army Corps -of Engineers (USACE) prior to implementation. 7.1 , • The docks and piers extending over wetlands will be elevated suf lcicntiy (a minimum of 3 feet) abgve'tHewetland substrate to prevent total shading of vegetation, substrate, or other elements of - _ the aquatic environment. 8., The permittee understands and agrees that, if future operations by the,United States,;, require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, inthe opinion of the Secretary;of the Army or his authorized representative, said structure or work "shall'cause ' unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon ' 'from due notice the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work of , obstructions caused thereby, withoutexpense,to the United States: 9. Approval of the structure is based on determinations that there -would be no obstruction + to navigation. The structure may, be`damaged'by wave wash -from passing vessels, issuance of this permit 4 should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damage wave.wash. i i 10. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be,made by the permittee to prevent the full and freeruse by the public. of all navigable �daters at or adjacent to the authorized_ work for reason other than safety. 11. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the'construction or maintenance of this. project, in such a•manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 12. Except as authorized by this permit ar any USACE approved modification to this' permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands., This permit does not authorize temporary placement.or double handling ofexcavated;or:fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activitiesconnected with this project. 13. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants hydraulic fluids, or other.toxic materials. In the event of a spill of petroleum products or any other hazardous waste; the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North„ Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 14. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace ` ' quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 15. If the permittee discovers any previously unknown historic or archeological remains, while accomplishing the authorized work, lie will immediately, notify the Wilmington District Engineer who, will initiate the required coordination procedures. . 16. The permittee shall,require,its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each ofits contractors and/or agents associated with the construction or maintenance, of this project with a copy of this permit. A copy of -this permit, including all conditions, shallbe available at the project site during' construction and maintenance of this project. 17. The permittee shall "employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not'limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of allAsturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Permit Chu Permit Number NEW 59.15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vrmft for X Ms jor Development in an Area of Environmental Concern pumumttoNCOS 113A-118 _ Excavation andfor filling pursuant toNCt3S 113-229 Issued. to Charles E._Sweetly, 3111 Summer Rest Road, Wilmlatton, NC 28405 Authorizing development in New Hanover County at AIWW. 311 Summer hest Road, Wilminglan , as requested in the permittee's application dated _ 2.015, inglWing the a€taebed workman drawinga (2) both dated WAS This permit, issued on Ma 12, 201S , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set firth below. Any violation of these terms may 0e sugiecr to lines, tmpresonmCnt or civil action; or may cause the permit to be null and void. pocklnr Facility 1) Unless specifically altered herein, this permit authorizes the docking facility, 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 ton -water dependent uses of structures shall be conducted on, in or over public mmt waters without permit modification- 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility 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. (See attached sheets for Additional Conditions) This pernsit action may be appealed by the peminee or other gwIffied persona 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 mahn'Mance wink or project modification not covered hereunder requires further Division approval. Signed by the authority of the Secretary of DENR and the Chairman of the Coaxal Resources Commission. ZZ Braxton C. Davis, Director Division of Coastal Management All work must oem when the permit expires on This permit and as conditions are hereby accepted. December 31, 2018 z In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal a Mnagment. program. Signature of Perm ittee Y.Y1MFii.iii'N,f�PCON':.Ye1a4+^:':NiM}ti..`:'A:I:-W:n..w+.6H>I.GT.'4,49'.f54{WflW.{Mtn+`Y-YMrb.Si+4d�v.�/i.':4k.MMM!P.'q.1>N Y4L.bnTiOHI<W.3�%�.1s•.��Y w,:esOa. 11 I Charlei. Sweeney Page 100" ADMIONAL,CONDITIOris -elevated :at least'six feet above Normal High Water, over the nav,*bIc'c Y e access er public use. 2d I span t shall bzi navigable'channel to allow for ,'� ibl' Any, portion of the -docking . facility built over OcastalVedafids a . W not exceed six, feet in 04"J"' d' -substrate*; � . 1, 1 1 '' - - 4, - .,-,qh;11!b6elevated a:mWm�d three fee; over the :wetland ds m6asurolfromAhe bottom 6 Aha' decking. The pier. and associated structures shall have a minimum setback distance. of 15 feet betwccu any parts of the'siructamand the adjacent pro'perty.owner's riparian access corridor. - No portion of the authorized docking facility shall exceed the established Piet head'Una. Nq,portion -pf the pqrmittedstructure shall be located: within 80 feet of the 'near bottom edge of the fiddial[y mainialitedAMW channeL. No attempt shall be made by the permittee to preventth6'full and free-usebythe public of all navigable - waters at or adjace'n't6 the suthorizad work. The permittee shall, maintain the authorized work in goo I d condition and'in conformance with the terms and conditions of this L . the pet u I is novre116ved'of ukelruent.-if he abando"' the , permit :, fte rC4. as pernfitte�.activity,without'having�it trsinderred to a, -,third party. This permit does notauth6rize.the interference with any existing -or-propos6d, Federal project, and the, permittee shall n( which may be ca interest " ip I cri , sa , tion . for r,damago to the authorized 'structure or work, or injury, or fqfiarq,opciailoris undertaken bi'Ithe United States in the public 11); The pennittee, shall installand maintain at his expense, any sipial,lights or signals -prescribed by the U.S. Gi Coast Guard, fimughiegulaitioirror otherwise, on tfie:authorized Ia6ilities. , 'At'a m� pemianent refl6efor . s. I shall be attached to'the itiict6m inorderleuiakpjtmare -visible during hours of darkness- oi inclement weather. 12 , This permit authorizes a total of 4 formalized boatslips association .with ibis docking facility. 13) The authorized gazebo shall not be enclosed. Any material used 6nthe sides shall not obstructvie.i shall be Screen or wire on the, sides along'with--,benches and kneewal permitted, Lattice is'spircificaily-excluded-from being used under this authorization. 14) The roof of the gazebo shall not be.d6-*ed for second story use. Marigs Sweeney, Permit 059-15 Page 3 of 3 ADDITIONAL CONDITIONS General, 15) The p9nnittee understands and agrees that if future,openitions by the United States requires the, removal, rcIoca66n, or other alteration of the. sttacture or,wo&authofized. by this penridt, or-ifin. the opinion of the Secretary of the Amy or his auth6rized representative, said structure orm I orkshall cause unreasonable obstruction to free nayiption of the navigable waters, thepermittee-will be required, upon due notice- from thetcups of Engineers,h to remove, relocate it It work or'obstructioas caused- ca r after the thereby, without manse 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. 16) No Coastal Wetlands or open water areas shall,be excavated or fill ad, even temporanily, without pertnit modification. 17) This, peratit shall not be assigned, transferred, sold; or otherwise disposed, of to a third party without the written approval of the,Division of Coastal MaaagemienL 18) The permitteo and)or lot his or her contractor shall meet with a representative of the Division prior to project initiation. NQTE- This permit does not eliminate the. needId-obtain any additional state, federal' or local permits, i approvals or authorizations that may be,reilinted., Future development of the pennittee'sr propiq may requir6 a modification of this permit. t 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, him water - dependent activities are not authorized within 36,fe6t I ofthe normal high water level, NQTEf The Mb. Division of Water Resources has authorized the proposed project under DWR Project No. 15-0237, NOTE. Thc'US. Army Corps of Engineers authorized the propos6d project under COE Action Id. No, SA\V-2015-00612 which was issued on 3/30/1 S. NOTE: An application processing fee of $250 was received by DCM,for this project. DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina28403-1343 http://www.saw.usace.anny.mi IMMissionstRegulatoryPermitProgram.asox General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01, 2017 Expiration Date: December 31, 2021 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and. Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S, Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. Operating Procedures a. Applications for joint state and federal authorization under this programmatic general permit will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of in application, will immediatellyassignyan action rdentification.number, ,aeknowled a receipt thereof,, and exammp ethe a lication to assure that it A can be processed pursuant to this programmatic general permit.: The applicant and the NCDCM,- i will be furnished written notification of the Corps' determination ,, Notification to the applicant will include.a brief description of the administrative process. b. For those proposals that may resultin a discharge into waters of the United States, including.wetlands, the North Carolina Division of Water Resources (NCDWR) aud`the applicant -will be informed'regarding,the°applicant's need to obtain a WaterQuality Certification in accordance with section 401 of the Clean Water Act. c. If, at any titrte, the Corps determines that,a proposed activity is eligible for authorization under another regional general permit (RGP) or a nationwide permit (NWP), .this procedure may, be terminated"arid the activityauthorized pursuant' to'the terms and conditions of . the appropriate RGP orNWP. d. The permit review process conducted by the NCDCM its a public process involving publication of public notices in local newspapers,- public hearings,, and various public appeal procedures. The Corps may issue; a separate public:notice' for a specific proposal if it is deemed - necessary for, compliance, with appropriate laws, regulation and guidance. e. This general permit does not, in any way, alter established procedures or responsibilities, as required by federal taws, memoranda of agreements (MOA's) or administrative regulations, with^respect to the Corps' coordination with appropriate review agencies. The applicant will continue: to have the opportunity to rebut any objections to a proposal: - f. The Corps will provide copies of the application and plans, the NCDCM's Field hrvestigation,Report, and the state Bio-Reportto;the U.S."Fish and Wildlife Service (USFWS), the National Marine Fisheries Service. (NMFS)'the U.S. Environmental Protection Agency (EPA), and any, other federal agency that the Corps ;determines to be a necessary review agency (collectively, the "Federal.Agencies"). Receipt,of this material will initiate the Federal Agencies' review. The Federal Agencies 'will. be allowed -sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including anyproposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal' Agency review if justified -by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this general permit process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. "Provided all Federal Agencies d the Corps are in agreement, the Corps will prepare a coordinated fAeral.position incorporating anall Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will 2 typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. in. No work may proceed under this general permit until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the ' .k,5 • f 3 ir 114` federalposrhon, both the NCDCM and the Corps, in accordance wi fik' lier.zesgective regulations "arid poherea may take enforcement action': ;, - s " ..ti , 0::11us general permit 11 not be,used to',authorize an aohvrty vhcn the Wilmington bistrict Engineer deteimine-i that the proposed'activity would''siofca y", affectthe qualityof g the hu''m envuogm :nt and therefore requitre preparation of:an Envrro-enhtl'Impact Statement General Conditions ;; _ d a Authorize'd`structures locateii:oil ar adjacent to Federally authorized waterways w..ill be constructed`in aceordance wttti; the lafest setback crttena established byftbe Wtlmngtori Engineer You tray review the ;setback policy ate r�tto Llwwwsaw usa,ccmmy mil%MissionsNavleationfSetbacks aspx This getieiral permit.does not authorize the consift"6n;of hardened or oermanently,fixed strvcfures within"the Federally rliithonzea Channel,Setback,? unless the activity rs°approved by the Corps The permittee'must e • obtainapproval fromthc;Coips;prior to the construction.of any=structures within`_the Federally. Authorized Channel Setback. -• .,,.b.-.Except as authorized by this general per it or any,,, approved modification"to this _ general permit; no: excavat►on;'fill=ormeehamzed'1"4-clearing activities shall take place; atany tune An the :construction oemaintenance of this project, within_watars'or wetlands: This permit,. does not authorize temporary placement or double,(iandlmg of excavated.or fill:material within waters or wetlands outside the'permitted area' Thip, rohibition applies:to all borrow and fill activities connected w;: "th s project c. i g p erntrt does not olivrate the needto obtain other .federal, stater, or oval authorizationseral " d'_ All work` authorized by this gcneral permit must complywiththe terms and conditions of the applicable?Clean Water -Act Section 461,'Water Quality Certifroatioti'for this general permit- issued by -the. North Carolina Division ofWater.Resources.•' e. The permittee sball`employall sedimentation and,erosion cantrol'measures necessary to•prevent an increase m se or or turbidity within waters and wetlands outside the,pemtrt }" area Thrg shall includc, but is not limited to, the immediate installation of `silt fenemg or:simdar N appropriate-de'vrces,aroti d all areas subject to soil.disturbance or the'movemenf`cf earthen fill, t and the immediate stabilization: of all disturbed areas. Additionally, ti a protect iustreriiam m :full compliance with all aspects of the Sedimentation Pollution Control' Act of;1973 (North` '" t Carolina General Statutes. Chapter l l3A Article 4). f, The activities authorized -by this general permit must not interfere withthe public's right to free. navigation on all.navigable waters of the United"States am, No tidpmpt:will bebyFI a 4 the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration, h. The permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the United States to its former conditions. i. This General Permit does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAW Web-NAV@,usace.artnv.mil. k. The permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. 1. This general permit does not grant any property rights or exclusive privileges. m. This general permit does not authorize any injury to the property or rights of others. oriid'the int6rference.with,airy existing orproposed e s n. This- general p rmh does not, authorise 9 federal project., s general permit, theFederal'Governmen O� In issuing thi Government does not,assume any liability for the following: (1),painages to th e permitted project or uses thereof as aresult of other permitted or. t�nperiniftedactivities,or-from,natural.causes. I�gsul_Cofcuirent.or (2)45anuigis 6,& " permitted pr6je.ci or uses thereof as�ai future ---,-ajDtivities,,und6rt,akbitlby,.or-,on behalf of,the-United,States .iti,'thepublic-interest,---- (3) Damages to persons, property; or to other permitted !'o-runper'mitted activities or,, structures caused,,by the activity authorized by this general permit, (4).Design or construction deficiencies associated with the permitted work. (5) Damageclaimsassociated with anybifirre - ''in odification,,suspension,, or rev . ocation of this ge'n'e"ral_pe_rnut.,, p: Authorization provided by this general permit I qrm it may be modified, suspended or revoked in whole or in part if the. Wijinlngton ljistficdngin6er,aqing for the Secr6taryof the Army, determines that suchactio'fi.wbuld be, in the b6st public, Interest-'_ The -term of this general permit shall befive(5)ycarsunleii4subjeettomodificatio'n, s'u's-p-e-asiono'rrey'6cafi,o,n. Any modification, suspension .or rev o-catibri"of this aluthdrizatiori will not be the basis for any claim for damages against the United States Governme nt. q. No,activity ma , y. occur in a comi or in axiver officially designated by Cong system,; while the river ' is in an officizil stui ma nagement anagement responsibility for. such activity will not adversely affect the Wild Wild and:Scenic Rivers s maybe obtained j responsible for the designated; Wild -and 8 Vild and Scenic Rivers System, )r posskAnclusion inthe unless the appropriate Federal, agency with.. deteimi.ned in writing that th6proposed, i& design ation or.study status. Information on tppi6priate Federal land management agency er. or Natio'"na'[,Paik - - - Service, U.S. Forest Service etc.) r. This general permit does notauthorizeany activity within,,�!.or directly affecting, a Marine sanctuaty.estiiblished,by the. Secretary of Commerce under 6ii66rity of Section 302 of the Marine Protection,, Research and Sanctuaries Act of 1972, unicss,the,applicant1proyides the Corps - with acertification in,. rtificaii fro the Secretary of Commerce that the proposed activity is - consistent.with th6 purpoics'of Title III of the Marine Protection, Research'and,Sauctuarie's Act. `Information on marine sanctuaries may be obtained at http://sanctuaries.noaa:gov/#MN' 6 Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties fisted, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied, Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this general permit, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. No activity is authorized under this general permit which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: http://www.fws.aov/ or http://w-,vw.fws.gov/ipac or http://www.noaa.gov/fisheries.htmi . Permittees may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. v. If the permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. w. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. is 3 x. The permittee - must install and maintain, at his/her expense,-nny signal lights and Coast Guard, through signals,prescribed by�&'U.S-.! h ­ -�iii6M-.6r6th"erwistptiAtithorized facilities. For Rather, i rmati6n;ihe permittee. should 'contact :Cbast Guard Sector North, Carolina at (910),772-1191 or.email Coast Guard Fifth District at 6gd5waterways(@,umia.mil.� :j y: If thedisplay of lights, and signals on the authorized structure is not otherwise provided for bylaw ' such, lights and signals as may be prescribed,by'the U.S. Coast Guard will be. , .Installed - and -maintained by and -at the expense of permittee z. It is possible that an authorized, structure may be damaged-by-w,avewash from pas'sing' �thfrom vesse S. issuaqcp�of this, general permit does not relieve the permittee rom. taking:all proper x_steps to -ensure e integrity of.the-permitted-structure and the safety-pf-moored boats..Th' °permittee will not hold the UnitedStates liable for any such damagq., aa. Structures- and'thdifattendant utilities,,authorized by,this general permit located on lands subject to an casement in favor of the United 'States for t , he operaiion;maintenancc; improvement, and,enlargement of the Atlantic lntracoastal Wdterway'(AIWWW)1 will be"removed at the expense of the permittee, in the event that, in the judgment, offhe Corps acting on behalf' of the United States',Ahe* lairds are needed at,any time for any purpose within the scope of the easement Permanent buildings will not be constructed within the easement. bb. The permittee must -maintain any structure or work authorized by this general permit in good condition and mi conformance with the terms.and,conditions, of this general permit. The Permittee is not relieved of this requirement ifthe;PerIn iffee abandons the, structure or work. Transfer in fee simple of the work authorized by: this _genejal permit will automatically transfer this general permit to the, property's new owner; with all of did rights and responsibilities enumerated herein. The perm, , ittee must inforrWany "subsequent owner of all activities undertaken under the authority of this general permit and provide the subsequent owner with a copy of the terms and conditiofig'of this-genpral permit. cc. At his/her sole discretion, any time during - the processing cycle, the.Wihnington. District Engineer may determine that this geneM I permit' I %vill notbeavAi,cable to a specific proposal: In such case, the procedures -for processing an individual permit in accordance with 33 CFR 325 will be,available'," dd. Except as authorized by this kencralpermit or any Corps; approved mi odification'.to','T,1_,_ 'this,gencral permit, all fitffin't"e'rial placed'in waters of wetlands shall be generated'froffi: an upland source and will:be,cican.and free of anypiollutants except in.trace quantities. Exceptas.au . tltoriz6d by -this general permit -or any Corps,approved-modi modification to approv _616d di are I as-, this general permit; all excavated material will be disposed of in' s�6sal� ff. Activities which have -commenced (i.e., are under construction) or are under contract 8 Sao / S/ From: Adam Knierim [mailto:adamknierim@gmail.com] Sent: Friday, November 18, 2016 2:59 PM To: Simpson, Shaun <shaun.simpson@ncdenr.gov> Subject: Fwd: Ward Dredging ---------- Forwarded message --------- From: Michael Bostic <oWWointfarmsmb@Xahoo.com> Date: Fri, Nov 18, 2016 at 9:12 AM Subject: Re: Ward Dredging To: Adam Knierim <adamknierim(a)email.com> Adam, This email is to authorize using the Beane spoil area for dumping 200 yards of sand material from the Ward project. If there are any questions regarding this approval please feel free to call me at 910-233-5305. Thanks, Michael Bostic Property Manager Sent from my iPhone On Nov 18, 2016, at 8:02 AM, Adam Knierim <adamknierimaa gLnai1.com> wrote: Michael, Hate to bother you again, but I have another small dredging project that we are permitting. The work is for Chris Ward on Summer Rest Road and consists of placing approximately 200cy of material. I am requesting authorization to utilize the Beane Disposal Area for the work if you have no objections. As in the past, an emailed response will suffice for permitting purposes. Thanks again for your time and consideration. RECEIVE` DEC 15 2016 RECEIVED DCM WILMINGTON, NC I40V 18 2016 DCCM- EVHD Ci-l",, Coastal Management ENVIRONMENTAL QUALITY December 12, 2016 Chris and Alisa Ward c/o Adam Knierim Maritech, LLC 108 Circle Drive Hampstead, NC 28443 Dear Mr. Knierim: PAT MCCRORY (lovemor DONALD R. VAN DER VAART Swetory BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Chris and Alisa Ward, for State approval for development of the property located at 311 Summer Rest Rd, adjacent to Greenville Sound and the AIWW, New Hanover County. It was received complete on December 06, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 19, 2017. 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 December 06, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely Brooks Surgan Field Representative Enclosures cc: Doug Huggett, DCM Tyler Crumbley, ACOE Heather Coats, DCM Robb Mairs, DWR Debra Wilson, DCM Ben Andrea, New Hanover County state of North Carolina I Environmental Quality I Coastal Mmagement 127 Cardm-1 Drive Ext., Wilmington, NC 28405 919 796 7215 FECENED DEC 15 2016 DCM— BIRD Cb T Y at Al \TO)'1'IC1: RE-CE VE--D DEC 15 2016 MCC- R.";HD CITY CAMA PERMIT APPLIES PROJECT -To construct a private ■ 0 M Now i FOR docking facility COMMENTS T ACCEPTED TROUGH4 ►�5, 2017 APPLICANT: Chris & Alisa Ward 311 Summer Rest Road Wilmington, NC 28405 Agent: Adam Knierim (910) 270-4058 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Brooks Surgan, Field Representative 910-796-7271 V7- AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: kJad, cArf's 4 j icr P64 Mailing Address: 2.0J W; lw; j �„, NG Z4Yo5-- Phone Number: 110 ZG 2 7S-IY Email Address: cto-40,1s ~J (P a 1. cow+ I certify that I have authorized rQs%w.aPftA» , Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: r�a a►v.,�i fr er at my property located at 311 3v,.,«cr f2e,{- Ra/, two in New 9*rL6Ve•I' County. I furthermore certify that l 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: (NUJ Signature W cArirAeAe-e- Worn% Print or Type Name Title �l 3a / 2 t b Date This certification is valid through i I RE-CEIVED DEC 15 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Davbs'a 4vd -r- lo� W. Ss�g. Ntw VcA , NY Intl A. Signryf re X / ❑Agent ❑ Addressee B. Received by (PZa(_ed Narpe) C. Date of Delivery D. lad addreae*t from Rem t? CI Yes If VPR ((ntnrdwli add"helnwo ❑ NO 3. Service Type ❑ Certified Mail® ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes e. Arucie ansferrom 7008 1140 0002 9561 8251 (transfer from service IabeQ PS Form 3811, July 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. / ❑ Agent X ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by (Printed Name) .z C. Date of Delivery or on the front if space permits. 1. *cis Addressed to: D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No I\ 3. Service Type Av)PY �Il 0 � �� � ess- ❑ Registered Return Receipt f rorr Merchandise III I IIIIIII III Mail 13 Collectn Delivery 4 Resnsured tricted Delivery? pft �) ❑ Yes nlllllll IIII'I IIIIII IIIIIII IIII 0002 9561 8268 (Ransfer/rom service label) 7008 1140 i Ps Form 3811, July 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete. a item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. g, ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: &e� C bb�, 3o�Su Mmiy-kest- kd. IIIIIIIIIIIIIIIIIIIIIIIIIIII IIII III IIIIIIIIIII 'av%ry ❑ Agent Date of Delivery D. Igs, YdEeliv�,add s differentfrom Rem l? U Yes l)l.MINGi ONrN.C'below: ❑ No DLL 0 5 2016 3. Service Type ❑ Certified MaiN ❑ Priority Mall Express- 0 Registered ❑ Return Receipt for Merchandise 0 Insured Mail © Collect on Delivery 4. Restncted Delivery? (Extra Fee) 0 Yes [. Article Number 7008 1140 0002 9561 8244 (trans/er /rom service /abeQ PS Form 3811, July 2013 Domestic Return Receipt A 0 y R i t N 0 U LLJ I] 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 .7710 MARITECH DREDGING Field910.297.7710 Innovative Solutions for the Marine Environment fax 910.270.4058 CERTIFIED MAIL- RETURN RECIEPT REQUESTED #7008 1140 0002 9561 8244 September 7, 2016 Robert Gibbons 307 Summer Rest Road Wilmington, NC 28405 Dear Mr. Gibbons, Chris and Alisa Ward are applying for a CAMA Major permit to excavate a boat basin adjacent to their existing docking facility located at 311 Summer Rest Road adjacent to Greenville Sound, in Wilmington, New Hanover County. The specifics of the proposed work are in the attached application forms and drawings. As the adjacent property owner to the afore mentioned project, I am required to notify you of the development on order 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 to Debra Wilson, District Manager, at 127 Cardinal Drive Extension, Wilmington, NC, 28405, within 30 days of the receipt of this notice. Such comments will be considered by the Department 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 910-297-7710, or email me at adamknierim(a lzmail.com Enclosures R'I=-CE'lVCD DEC 15 Z016 Mull- IVHD CITY Sincerely, �2�n'Kuerir3l' RECEIVED OCM WILMINGTOt r.t6 NOV 18 ZUW s 7 ru CO ui ru 0 Cl 0 O s rl ra Cc O O M1 WILNINGTONr NC 28405 " 1 Certified Fee Realm Recelpt Fee (Endormment Required) Restriaed Delivery Fee (Endorsement Required) ►0. Total Postage & Fees 0480 I, Nf 07 Poshnark Here 11/18/2016 6 MARITECH DREDGING Innovative Solutions for the Marine Environment 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 LZ field 910.297.7710 fax 910.270.4058 CERTIFIED MAIL- RETURN RECIEPT REQUESTED #7008 1140 0002 9561 8268 September 7, 2016 Ben Zucker 1052 Sunset Meadows Drive Apex, NC 27523 Dear Mr. Zucker, Chris and Alisa Ward are applying for a CAMA Major permit to excavate a boat basin adjacent to their existing docking facility located at 311 Summer Rest Road adjacent to Greenville Sound, in Wilmington, New Hanover County. The specifics of the proposed work are in the attached application forms and drawings. As the adjacent property owner to the afore mentioned project, I am required to notify you of the development on order 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 to Debra Wilson, District Manager, at 127 Cardinal Drive Extension, Wilmington, NC, 28405, within 30 days of the receipt of this notice. Such comments will be considered by the Department 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 910-297-7710, or email me at adamknierimGfgmail.com Sincerely, �rin�-Ie"�" Enclosures ru m RECEIVED APEXs K 27523 DCM WILMINGTON. N n P.Ugs 13 Nov 8 2016 Er certified Fee !L `^E', (ED O Ratum Receipt Fee 14i` IV V O (E ndorsement Required) C Restricted Delivery Fee O (Endorsement Required) DEC 15 2016 � Total Postage ate e en o IRCI�YECI r— sr�atAm l 52! or Po Box No. ED 0480 IN TON, NC 07 Postmark 00 Z011 6 Here DT- 11/18/2016 MARITECH DREDGING Innovative Solutions for the Marine Environment 108 Circle Drive Hampstead, NC 28443 42 office 910.270.4058 field 910.297.7710 fax 910.270.4058 CERTIFIED MAIL- RETURN RECIEPT REQUESTED #70081140 0002 9561 8251 September 7, 2016 Barbara Zucker 101 W. 55th Street New York, NY 10019 Dear Ms. Zucker, Chris and Alisa Ward are applying for a CAMA Major permit to excavate a boat basin adjacent to their existing docking facility located at 311 Summer Rest Road adjacent to Greenville Sound, in Wilmington, New Hanover County. The specifics of the proposed work are in the attached application forms and drawings. As the adjacent property owner to the afore mentioned project, I am required to notify you of the development on order 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 to Debra Wilson, District Manager, at 127 Cardinal Drive Extension, Wilmington, NC, 28405, within 30 days of the receipt of this notice. Such comments will be considered by the Department 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 910-297-7710, or email me at adamknierim(cilgmail.com Enclosures DEC 15 2016 Dv.cs' Adam Knier4— RECEIVED rq DCM WILMINGTON. :r `;n Ir NOV 18 2016 to 0 O G 0 s ra to 0 0 M1 certified Fee DCM Rehm Receipt Fee N (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $0. Total Postage & Fees ,$ ent o � rot'aP..1'�A✓Q- I lhl In( 0480 NC 07 Postmark Here 11/18/2016 Hook 5993 Paga 1259 BK: RB 5993 PG: 1259 -1262 RECORDED'. 08,10014 02:39:37 PM BY ANDREACREHWELL AGCSlART Prepared by; J.C. Heame, U NC FEE GRIM 2016026683 NEW HANOVER COUNTY, REAL ESTATE TAMMY THEUSCH FEASLEY REGISTER OE DEEDS EXTx 265 Racine Drive, Suite 104 Returnw I RNED TO: Return to. JC Heame, it Excise Tax: $4,440.00 Parcel ldentif5er No.: R05714-003-009-000 R05714.003-013-000 R05714-003-006-000 ELECTRONIC LY RECORDED {"lf initialed, the property includes the primary residence of at least one of the Grantors, otherwise note as NIA. (per NC GS § 105-31 Z.2) Brief description for the index: Lot 4 Summer Rest Subdivision and Metes & Bounds NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED. made GRANTOR Charles E. Sweeny and wife, June S. Sweeny Mailing Address: 533 Dungannon Blvd. Wilmington, NC 28403 of Aueust. 2016. by and between GRANTEE Wade Christopher Ward and wife, Aliso S. Ward Mailing Address: 311 Summer Rest Road Wilmington, NC 28405 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: NOW, THEREFORE Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: SEEEXI3IBIT"A" RECEIVED RECEIVED DCMW d ON, NE The property hereinabove described was acquired by Grantor by it ngllg 2016 DEC 15 2016 recorded in Book 2652, Page 464; Book 4058, Page 758 and Book 5178, e 2343. �1tt pp 1� [�,i E pitted electronically by "].C. Hearne, 11, Attorney at Law" DVIV1� L:F �1� Cd y compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of needs. Book 5993 Page 1260 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee that Grantor is seized ofthe premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2016 and subsequent years. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer by authority of its Board of Directors, the day and year first above written. `(Seal) Charles E. Sweeny 3 zn-e S. Sweeny r STATE. OF NORTH CAROLINA COUNTY OF NEW'HANOVER I, Michael J. Kipke, Notary Public of the County and State aforesaid, certify that Charles E. Sweeny and June S. Sweeny personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this �? - day of August, 2016,. Notary Public: My commission expires: 10/28/2020 €A1CHle1 L J rlpKE NOTARY P08UO NEW HANOV£R OoONTY STATE OF NORTH OARO(JNA RECEIVED DCM WILMINGTON, NC NOV 18 2016 Hook 5993 Page 1261 EXHIBIT "A" TRACT I: (R05714-003-009-000) BEGINNING at a point in the Western line of Ocean Avenue Three Hundred and Nine (309) feet more or less. Nouhwardly from the intersection of Ocean Avenue with the Northern line of Ash Street; thence running Nouthwardly along the line of Ocean Avenue One Hundred and Three (103) feet; thence Westwardly and parallel with Ash Street Two Hundred and Fifty (250) feet to the Eastern line of Central Avenue; thence southwardly along the Eastern line of Central Avenue One Hundred and Three (103) feet; thence Eastwardly parallel with Ash Street Two Hundred and Fifty (250) feet to the point of beginning. Same being all of Lot No. four (4) in Block One (1), according to the official plan of Summer Rest, which said plan is duly registered in the office of the Register of Deeds for New Hanover County, in Book 10, Page-1. There is excepted from this conveyance 0.04 acres conveyed out to Pembroke Nash and wife, Gretchen W, Nash, by deed recorded in the office of the Register of Deeds for New Hanover County in Book 2365, Page 0881. TRACT II: (R05714-003-013-000) Being all that certain tract or parcel of land lying and being located in The City of Wilmington, New Hanover Cormty, North Carolina and being bound on the North by Lot 4 of (now Joseph Wright Hofirm) as referenced in the' ew Hanover County Registry in deed book 1465, page 1671. Bound on the East by property of (now or fomtedy) Walter Hunt in deed book 1422, page 1410. Bound on the South by the Mean High Waiter Line of the Atlantic inhaomsW Waterway. Bound on the Wert by (now or formerly) Robert Gibbons in deed book 1459, page 1743 and being more particularly described as follows: Commencing from the southern right of way of Beech Street (S. R. 1416) and the western 40' public right of way of Su== Rest Road and then rvnnitg f;t 1`rad �1-r:ek of way Summer Real Road in a lout xwesu rn diratiou 112' +/- to the 3atdto zcm comer of Lot 4 and the southwestern corner of Lot 5. Thence runnieg and crossing Sttmmcr Rest Road S 53*03129" W 41.1 P to an e;*in-s iron pipe and said pipe being the Paint of Beginning, Thence mmniug S 5r5l' 10" E 5428'to an existing iron pipe. Thence running s 52'51110" E 54.83' to a point located in the mean high water line of the Atlantic Intracoastal Waterway. Thence running with said mean high water S 07'11' l6" W 52,00' to a point. Thence running S 25*1l'36" W 28-70' to a point Thence running S 08"37'35" W 30.12' to a poiaL Thence running with the common property line of Robert G bbons N 53001'44" W 57.43' to an existing imn pipe. Thence running N 53'01'44" W 69.42' to an adsting inn pipe located in the eastern tight of way of Sumner Rest Road. Thence runninS with the eastern right of way of Summer Rest Road N 21'12'23" E 103.98' to the point of beginning and containing 11, 906X square fiat. Legal description refercooad on a Physical Survey prepared by Hobbs Surveying Company, Inc dated September 21, 1999, job # suns-99496 for which reference is hereby made for a more full and acawato description. Together with all the renettronts, easemertta, herediralnertts and appumnances unto the same belonging or in anywise appatainiug, DEC 15 2016 pC*d9- f ,;iD CITY RECEIVED DCM WILMINGTON, NC Nov 18 2016 Book 5993 Page 1262 Tract III: (R05714-003-006-000) BEGINNING in the western line of Ocean Avenue (now Summer Rest Road) at the southeast corner of Lot No. Four (4), Block No. One (1) of the plan of Summer Rest, (which said plan is duly registered in the office of the New Hanover County Register of Deeds in plat Book 10, page 1),and running thence with the eastern line of said Lot No. Four (4), 1. North twenty one (21) degrees, twenty four minutes east one hundred and three (103) feet to the southeast corner of Lot No. Five (5) of the said plan; 2. Thence with the southern line of a lot conveyed by the State Board of Education of the State of North Carolina to E. H. Gore, South Fifty three (53) degrees East Six Hundred Twenty (620) feet to a stake in the western line of the right of way of the Intra Coastal Waterway; 3. Thence with the said right of way line South Forty two (42) degrees, Twenty Five (25) minutes West One Hundred Three (103) feet to a stake in said line; 4. Thence North Fifty three (53) degrees East Five Hundred Ninety (590) feet to the beginning. Comprising within the above described area One and Two Tenths (1.2) acres of marshland, more or less. The location of the above described tract of land will more fully appear by reference to a map made from a survey and recorded in the office of the State Superintendent of Public Instruction in Plat Book #1, at page 57. Being the same property conveyed by the State Board of Education of the State of North Carolina to L. Burrows Smith, and wife, Nettie Fleming Smith, by deed recorded October 24, 1932, in Book 232, at page 288, of the New Hanover County Registry. Following the death of her husband, Nettie Fleming Smith, a widow, conveyed the described property to Jean Smith Holman, and husband, Joseph Wright Holman, by deed dated August 16, 1957, and recorded in Book 598, page 551, New Hanover County Registry. The Grantors herein are the children and heirs of Jean Smith Holman and Joseph Wright Holman, both now deceased. The Grantors conveyed Lot 4, Block 1, Summer Rest, to the Grantees herein by Deed recorded October 11, 1999, in Book 2652, page 464, New Hanover Registry. At the time, it was the intention of the parties to also convey the above described marshland to the Grantees, but by error, the marshland description was omitted from the deed. A subsequent deed by the Grantors to the Grantees recorded in Bo6k'4058, page 758, conveyed a portion of the described property to the Grantees, but also failed to convey the entire marshland tract RECEIVED of 1.2 acres, and this Deed is executed in orderDtM WILMINGTON, NO properly convey to Grantees the above described marshland which sits between Lot 4, Block 1, Summe3NOV 18 2016 Rest, and the Intra Coastal Waterway right of way. 108 Circle Drive Hampstead, NC 28443 2`t.. office 910.270.4058 .7710 MARITECH DREDGING field910.297.7710 Innovative Solutions for the Marine Environment fax 910.270,4058 December 6, 2016 Brooks Surgan NCDCM 127 Cardinal Drive Ext. Wilmington, NC 28405 RE: Ward Boat Basin Request for Additional Information Dear Sir, Please see attached response to your request for additional information to complete the processing for the proposed excavation of a boat basin for Chris and Alyssa Ward at 311 Summer Rest Road in Wilmington, New Hanover County. 1) MP-2 5(d) — Please indicate whether wetlands will be crossed in transporting equipment to the project site. No wetlands will be crossed in transporting equipment to the project site. All work will be conducted over water. No wetlands will be crossed in transporting the spoil materil to the disposal site. 1) Site Plan/X-Section — Please include spot water depths within the proposed basin area on the site plan and cross section. Included and reduced to a final depth of -4.0 at NLW as you requested. Along with the updated MP-2 Form. 3) Please include Green Cards from adjacent property owners. • The green cards were addressed directly to DCM and can be found in your file. 4) Please provide evidence that Robert Gibbons at 307 Summer Rest Road has been notified of the proposal. Proof of notification to Robert Gibbons was submitted with the application package and was received by DCM on 11/18/2016. A copy has been included for your review. Please do not hesitate to contact me if you need my assistance in any way. Sincerely, RECEIVED C/ati DEC 15 2016 AdamKnierim RECEIVED pCi�3- DCM WILMINGTON, NC DEC 0 6 2016 17 Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 PAT MCCRORY Gosomor DONALD R. VAN DER VAART secretory BRAXTON DAVIS Director RECEINEJ DEC 15 2016 DCM- MHD CITY Re: Major Public Notice Combo for the following New Hanover County applicants: • William Cameron • Robert W. Dozier • Barton G. Williams • Chris and Alias Ward And in Pender County: • Mark and Roaann Knierim Kyle & Heather: Please publish the attached Notice in the Thursday, December 15, 2016 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 Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: SinceI�Al ely, c� / Shaun K. Simpson Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Tyler Cmmbley - USACE Sarah Young - DCM State of North Carolina I Envimomental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 2E405 910-796-7215 NOTICE OF FILING OF RECEIVED APPLICATION FOR CAMA MAJOR DEC 15 2016 DEVELOPMENT PERMIT DCM- MHD CITY The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications to expand existing docking facilities in New Hanover County, adjacent to Banks Channel, were submitted by the following for development permits in Areas of Environmental Concern, as designated under the CAMA: On November 16, 2016, William Cameron, 414 Waynick Blvd, in Wrightsville Beach; on November 29, 2016, Robert W, Dozier, 2 Sounds Point Rd (Figure 8 Island), in Wilmington; and on December 9, 2016, Barton G. Williams, 608 N. Channel Dr., in Wrightsville Beach. On December 6, 2016, Chris & Alisa Ward proposed to dredge an existing boat basin at 311 Summer Rest Rd, adjacent to the AIWW, in Wilmington; and on December 9, 2016, Mark & Roxann Knierim proposed to construct a private docking facility and perform maintenance dredging at 172 Topsail Rd, adjacent to Old Topsail Creek, in Hampstead, Pender County. The applications can be examined or copied at the office of Sean Farrell (Cameron), Brooks Surgan (Dozier/Williams/Ward), or Jason Dail (Knierim) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) 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 January 5, 2017 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ed., Wilmington, NC 28405 910-796-7215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW Fee:,$400 #2351 CDAITS MHCcc� r Applicant: Chris & Afisa Ward Agent/Contractor: Maritech Dredging c/o Adam Knierim DEC 1512016 Project Site County: New Hanover Staff: Brooks Surgan District: Wilmin - I I_ . ; Project Name: Ward Dredge Project Rover File: We River Basin: Cape Fear Initial date of application submittal: 11-18-16 Date application "received as complete" in the Field office: 11 O(e SITE DESCRIPTION/PERMIT INFORMATION I ORW: MYes ❑No PNA: ❑Yes Mo Photos Taken: Yes ❑ NoM Setback Required (riparian): ❑Yes o Critical Habitat: ❑Yes ❑No Not Sure 15 foot waiver obtained: ❑Yes o Hazard Notification Returned: ❑Yes ❑No SAV: ❑Yes ESINo ❑Not Sure Shell Bottom: ❑Yes o ❑ Not Temporary Impacts: ❑Yes EgNo Sure Sandbags: ❑Yes o ❑ Not Sure Did the land use day1fication come Mitigation equired (optional): from county LUP: 11 Was ❑No ❑Yes SNo Moratorium Environm tal Assessment Done: Length of Shoreline: //Conditions: ❑NA ❑Yes RNo ❑NA I 15 FT. []YesQNo Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- losed Q SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ N trient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) SrOutstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE y J ❑ No fee required - $0.00 Wff I(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 a ; 3490 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 ❑ III(S) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ ll. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 Ward, Chris & Alisa Date: 11-18-16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One ( New Work Replace WN VT Maint ❑ Ely New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tem im acts impact amount) ternimpacts) amount Dredge Fill ❑ Both ❑ Other ❑ r� W %JI blJlJ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1-888.4RCOAST :: www.nccoastalmana lement. net revised: 10/12/06 MAJOR PERMIT FEE SCHEDULE Chris Ward/$400, CK #2351 / New Hanover Co RECEIVED DEC 15 2016 DCM % DWq% Development Ta Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 111. 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, if General Water Quality Certification No. 3900 See attached can be applied: $250 100% $250 0'Y: SG III(B). Public or commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $400 100% $400 01% ($0) III(C). If General Water Quality Certification No. 3900 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No 3900 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 y Payment Proccessing Confirmation Date Received 1 11/18/2016 Check From (Name) Maritech, LLC Name of Permit Holder Chris Ward Vendor Bank of America Check Number 2351 Check amount $400.00 Multiple Permits No Major/Minor Major Permit Number/Comments Maj Fee 311 Summer Rest Road, NH Receipt or Refund/Reallocated SS/2670D RECEIVED DEC 15 2016 DCM- MHD CITY BE��n N/F 33' WIDE PUBLIC R/W LOT s�UCK 1 _ SUMMER REST EIIRM.B. 10 PG.1 \ J !J \ 9 0 \ 01PP�,59,09'E DETAIL "A" NOT TO SCALE 1140, 2 AREA 0.28 Acres \ Rv LOT 4 BLOCK 1 SUMMER REST M.B. 10 PG. 1 .I /- . - • � ,. - _ „ - . - - / tu�r1 Iw rltN 1 uu K__d RPARI9N 1IN! S 51°27'02' E —7 — — — OPEN WATER= Y 114,7'. 08AR 9.47 OIPP 70.65' , OIPP N57°1S'58'W 1409 fps S„►b5Y\ ' A. SEE DETAIL "A" !;IF (n\ GIBBONS G_\ PART OF LOT 4 BLOCK I SUMMER I � — SLIMIER REST NB10PG1 =11� o2r — N \ m f o \ �® \ N \ 7- \ y ® N/F N/F s GIBBONS SWEENEY 3.46' OIPP� a� E18AR� n�OSR'E' SV URVEY REFERENCE -M,B. 10 PG. I D.B. 1347 PG. 382 -D.B, 1327 PG. 1800 D.B. 5178 PG. 2343 .' . '.� 4137 RERI TSA9 L1 zT V r_- - RIPARIAN E N 51'27'02' W — ill CALLS ALONG MEAN HIGH WATER ELEVATION 1.7' NAVD 88 NUMBER DIRECTION DISTANCE L1 N 04'19'57' E 3.88' L2 N 19'42'15' W 15,80' L3 S 01'28'16' E 27.35' L4 N 12'31'22' E 23,61' L5 N 12'37'41' E 32,66' L6 N 04'19'57' E 12,22' REVISION H DECEMBER 22, 2014 SURVEYED LOT REVISION 21 PROPOSED WOOD PIER, FLOATING DOCK, WITH GAZEBO AND BOAT LIFT, JANUARY 7, 2015 THE PREMISES SURVEYED IS WITHIN A FLOOD HAZARD AREA (VE ELEV. 16) ACCORDING TO THE FLOOD INSURANCE RATE MAP FOR THE CITY OF WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA, (COMMUNITY PANEL No. 370171 3157 J, EFFECTIVE 04-03-2006). PIER LEGEND IN LOCATION MAP - NOT TO SCALE-, / Ward Boat Basin3, 11/10/2016 uHOFALL r` ._ Sheet 2 of 2'OPa HTSVILLE AVER Lp t Scale 1"= 60' y SUMMER REST �W4ROAD L HARBOR, y - SIANO -j Q BOAT LIFT ,y ��v ` I �.4..... 5:... m r5' RAPARIAN SETBACK 2,59' IS' RAPARIAN SETBACK v� Q 4 90' —I--_k---= 050' (SCALED FROM NHC GGIS MAPS) 1/4 OP TER =262.5' i :o Ln r95.6' Cl) 190 r F` A14�FL <I fUPIP II �, I °+ 3859' �;--- m 15' RAPARIAN SETBACK o REC I `E.-I 15' RAPARIAN SETBACK ' ---- � 'LIFT -4--- DEC 115 201E 'LIFT r 80, CHANNEL SETBACK I 3 FLDAi[N6 WCKL-'LIFT I J M' hi�'i D C i' +, LLI e Q I Z I H I I < I Z I t-=iYt JU M1 r'JTL N1 NC o F_ RAPARIAN SURVEY 3 z FOR FRLY LE E I CHARLES SWEENEY p ! INLOT 4 BLOCK 1 ti FLOOD LINE AY u „.,, °y�'"'P""0",, SUMMER REST CARD GYiY MEAN HIGH WATER (ELEVEDGE . 1 ' NAVD 88) o'° ( OF WILMINGTON NE"NUNITY 0 SS70 ;� p 11 NC ARSH=+2 ;: SW,.1� ,Nf �ON, 20l — (TRACED FROM AERIAL PHOTO) �'.� - :T sEoss € NOV 18 2016 MARSH a: EIBAR O EXISTING IRON BAR Lp OR O EXISTING IRON ROB r OIPP O EXISTING IRON PIPE PINCHED ""°,RW/J/ D- SHERWIN A CRll37,7 ® 10' PILE ..... "` `" N.C. PROFESSIONAL LAND SURVEYOR Na L-1099 to 4 X 4 EXISTING POST 1144 SHIPYARD BLVD. WI MI MC 28412 1TTON