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HomeMy WebLinkAbout33-17 MM 2018 Waters Edge HOAPermit Class Permit Number MODIFICATION/MAJOR 33-17 `i STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission permit 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 Water's Edge HOA,1213 Culbreth Drive,.Wilmington, NC 28405 Authorizing development in Pender County at AIWW & Topsail Sound, at the southern terminus of Great Oak Drive as requested in the permittee's application dated 12/4/18 (MP-1), rev. 1/8/18 (MP- 2), and revised 4/2/18 (MP-4), including attached workplan drawings (2), labeled Appendices 9 & 14, both dated 2/17/18. This permit, issued on APA19, 2018 , 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 )e subject to tines, imprisonment or civil action; or may cause the permit to be null ana vole.. Community Docking Facility 1) This permit authorizes only the reconfigured docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this reconfigured docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2)' No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured docking facility. Any sewage discharge at the reconfigured 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 permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. TAR Braxton . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Water's Edge HOA Permit No. 33-17 l Page 2 of 4 1 ` ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 9 formalized boat slips. 6) The northernmost slips, labeled as 5-9 on the approved workplan drawings, shall be removed concurrent with the occupancy of any newly relocated slips. . 7) Should either adjacent property be sold prior to the initiation of construction, the permittee shall be required to obtain a signed and notarized riparian corridor waiver from the new property owner prior to the placement of any structures within the property owner's riparian corridor and/or 15' setback. 8) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the community docking facility shall require that the permittee undertake corrective actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. 9) No portion of the authorized docking facility shall extend into the federal channel setback. 10) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Excavation 11) Excavation shall not exceed -3.92 feet below the normal water level. In no case shall the depth of excavation exceed the depth of the connecting waters. 12) 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. 13) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 14) All excavation shall take place entirely within the areas indicated on the attached workplan drawings. 15) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the initiation of any dredge activities. I Water's Edge HOA Permit No. 33-17 Page 3 of 4 ADDITIONAL CONDITIONS Maintenance Clause 16) 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 Corps of Engineers Conditions 17) In order to further protect the endangered West Indian Manatee, Trichechus, manatus, the applicant shall implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: htti)://www.fws.gov/ne-es/mammal/manatee Ruidelines.pdf. 18) In order to protect anadromous fish, no excavation or filling activities will be permitted between the dates of April 1 and June 30 of any year without the prior approval of the Corps of Engineers. 19) 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: SAWWeb-NAV@usace.army.mil. 20) 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 or the State of North Carolina. 21) 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. 22) 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. Water's Edge HOA Permit No. 33-17 j Page 4 of 4 + ADDITIONAL CONDITIONS 23) The permittee, upon receipt of a notice of revocation of this permit or upon itsexpiration 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. General 24) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 25) 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. 26) 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. 27) This Major Modification supersedes in its entirety the original of Permit No. 33-17, which was issued by CRC Variance on 3/6/17. NOTE: Future development of the pemuttee'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. pemut 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-2003- 00506. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Certification 4144 (DWR Project No. 2004-0337v4), which was issued on 2/7/18. NOTE: An application processing fee of $475 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. Cou From: Spears, Courtney Sent: Monday, July 22, 2019 8:20 AM To: Chase Elam Subject: RE: [External] Acceptance to use spoil island from Paula for Waters Edge Hoa. Hi Chase, tib We have accepted email correspondence in the past, so this should be fine. Please let me know if you have any other questions. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soearsCcbncdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 From: Chase Elam [mailto:carolusbuildingco@gmail.com] Sent: Saturday, July 20, 2019 12:37 PM To: Spears, Courtney <courtney.spears@ncdenr.gov>; Wilson, Debra <debra.wilson@ncdenr.gov> Subject: [External] Acceptance to use spoil island from Paula for Waters Edge Hoa. See below. Since they have active Cams, major this is all y'all need right? I would like to move the barge up there Tuesday and start. Please let me know, thanks! Sent from my iPhone Begin forwarded message: From: bushardt <bushardtna bellsouth.net> Date: July 20, 2019 at 4:15:16 AM PDT To: Chase Elam <carolusbuildingco(a,¢mail.com> Subject: Re: Request from Chase Elam Chase, Please accept this email as granting permission to use the Conservancy's dredge spoil island. Paula Bushardt President NENHC On Friday, July 19, 2019, 05:09:30 PM EDT, Chase Elam <carolusbuildingco()g gmail.com> wrote: Paula, Hope all is well! I wanted to touch base on a project for the Waters Edge HOA in Hampstead. They currently have an active Major permit for a docking facility I am building and dredging approximately 450 CY of material from the area around the docking facility. We would like to request authorization to utilize the Northeast New Hanover Conservancy Site for placement of the material. If you have no objections, you can reply to this email stating that permission is granted. I will notify you prior to beginning the work. Thank you! Please five me a call if you have any questions. Chase Elam (919)819-4275 carolusbuildinacoO )amail.com PO BOX 180 Wrightsville Beach NC 28480 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Water's Edge HOA COUNTY: Pender PROJECT NAME: Boat Dock Relocation & Dredging LOCATION OF PROJECT: southern terminus of Great Oaks Drive, adjacent to the AIWW, in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD:1-8-18 ✓ ✓ FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Jason Dail DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW:�— B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $475/#001719 (9011+o PUBLIC NOTICE RECD: 1-12-18 ✓ END OF NOTICE DATE: 2-2-18 ✓ Uo¢Saf Gc ADJ. RIP. PROP NOTICES REC'D:Vrexu ,�Ire.l t�EF I�tz/r7DEED REC'D: APPLICATION ASSIGNED TO: (A a ON: t/(O /Eta C) 75 DAY DEADLINE: 3 Y� MAIL OUT DATE:1-9-18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE 150 DAY DEADLINE: STATE DUE DATE: 2-2-18 FED COMMENTS REC'D: DENY DRAFT ON AGENCY (GC co^ r ITMv Iviv PPnL hew t ( td is cadre to �N l V D/t-1 DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance I (0 1 Division of Coastal Management-LUP Consistency 2 13 I g i Public Water Section (DWR) 1 Land Quality Section (DEMLR) 1 I Sj —' f s Sc r Division of Water Resources - 401 Section 2 7/I S� _ GL aN Ow,t zoo /-Z33-7vt( rsr 7 r$ Storm Water Management (DEMLR) State Property Office 143 I 1 Division of Archives & History Division of Marine Fisheries - Shellfish Section L A vu7 add SI, — rot Division of Highways (NCDOT) Z t (g Wildlife Resources Commission Local Permit Officer RECEIVED Dept. of Cultural Res / Underwater Archaeology of Marine Fisheries - DCMtH Corps of Engineers - Regulatory Branch IW-Division DCM- H WO Y RECOMMENDATIONS FOR— Waters Edge Home Owners Association — Januan 8, 2018 The proposed dredging appears to be consistent with NCAC 07H .0208(b)(1). Additionally, the proposed pier construction/relocation would provide docking space for five (5) slips at this location, bring the total vessel count to nine (9) along the AIWW. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b) (6), including the '/. width rule, the eight square foot rule and the pier width rule. However, the proposed dock relocation appears to encroach within the USACE's Federal Navigation Channel setback. Therefore, should slips 5-9 receive approval, there should be conditional statements addressing the encroachment. The proposed structures would be located entirely over open water. This office has no objection to the proposed work provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for private docking facilities. RECF� P-D JAN 10 2018 DCM- MHD CITY �i Coastal Management ENVIRONMENTAL QUALITY January 9, 2018 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN secremry BRAXTON DAVIS Dwcwr 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: Water's Edge HOA Project Location: at the southern terminus of Great Oaks Dr., adjacent to the AIWW in Hampstead, Pender County Proposed Project: to relocate an existing 5-slip docking facility and dredge around the docks within the A/WW 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 February 2, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. S e 6 Q (d W **Additional comments may be attached** 60N1^AVVT- 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 /VII �u DATED t o s "u ld S x f�JS ►^¢ C 2 � vt � �'ry �r°` 1 pv. c ry h r l� n wl I� f /�.o.0 he g �oirrlS o rti t .� Gv✓1 oL,"oS o+� (b /lIC A CGS State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Exr, Wilmington, NC 28405 910-796-7215 W MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Waters Edge HOA-MAJOR MOD to No. 33-17, Pender County Date: April 3, 2018 The applicant proposes to relocate an existing 5-slip docking facility and dredge around the existing docking facilities located along the AIWW at the southern terminus of Great Oak Drive in Hampstead, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are PT, ES and EW. 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 Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Conservation and Resource Protection. In general, Pender County allows development in Conservation and Resource Protection classified AECs which is consistent with the State's minimum use standards. The Pender County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the 2012 Pender County Comprehensive Land Use Plan Update. Cc: File 911 MEMORANDUM To: Heather Coats From: Michael Christenbury Subject: Consistency Determination, Major Permit Application, Winding River Plantation POA — Brunswick County Date: February 13, 2018 s consistei 07 B swick County Lan Wdate. The applicant proposes to perform maintenance excavation of an existing boat basin and access channel. The project is located at 200 Riverhouse Road, adjacent to the Lockwoods Folly River in Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and PT. Waters at the project site are classified as SC, HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Brunswick County Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, Brunswick County allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Brunswick County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent and not in conflict with the 2007 Brunswick County Land Use Plan. Cc: File Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON DAVIS Director January 9, 2018 TO: Heidi Cox JqN Regional Engineering Supervisor Div.. Ision 0 9 2018 Public Water Supply-WiRO WiRO, Ofl'vaterl� Pubj� FROM: Heather Coats, Assistant Major Permits Coordinatorrsupply 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: Water's Edge HOA Project Location: at the southern terminus of Great Oaks Dr, adjacent to the AIWW in Hampstead, Pender County Proposed Project: to relocate an existing 5-slip docking facility and dredge around the docks within the AIWW 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 February 2, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 IIAQ ace l RECEIVED DCM WILMINGTON, NO State of North Carolina I Environmental Quality I Coastal Management Jh11 U /` t, C � t2 B q 'S 2013 O 1p 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 �1.��^ o1LiL ,��.e... i�.. 1°l. "J� i` t lA;�c:�: �, 1, 1 �. , .,1 Coastal Management ENVIRONMENTAL QUALITY January 9, 2018 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Director tiCIEFIU AN 0 8 2018 � 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: Water's Edge HOA Project Location: at the southern terminus of Great Oaks Dr., adjacent to the A/WW in Hampstead, Pender County Proposed Project: to relocate an existing 5-slip docking facility and dredge around the docks within the AIWW 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 February 2, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 agencAas no CNr 6e' int 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. DATED \ -\-I - a4 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Exl., Wilmington, NC 28405 910-796-7215 tkz- Water Resources w Environmental Quality February 7, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULLPEPPER Interim Director Pender Co. DWR Project: 2004-0337v4 Water's Edge HOA clo Todd Skeen 0 w , 1213 Culbreth Drive u .0 'a Wilmington, NC 28405 Subject Property: Water's EdIxcStta Iidbkrng lre+�fi and Dredging Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Skeen, You have our approval, in accordance with the attached conditions and those listed below for excavation within an existing community marina facility within Topsail Sound as described within your application received by the Division on January 9, 2018, and subsequent information on February 5, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC 4144). 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, 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 Permit. This Certification can also be found on line at: hU://portal.ncdenr.or web/Wg s3W/ws/401/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre ofwetland or 150 linear feet of stream, compensatory mitigation maybe required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. 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. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (I 5A NCAC 02H .0501 and .0502). RECEIVED -':�)"Nothtng Compares!, X&I WILMINGTON, NC State of North Carolina I Furvironmental Quality FEB 0 7 2018 127 Cardinal Drive Extension Wilmington, North Carolina 28405 910-796-7215 Waters Edge ROA Madna- Pander County OWR PeWt # 2004-03370 'February7, 2018 Page 2 of 4 2 Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification.The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are. accounted for and shown on the construction plans. , [15A.NCAC 02H .0502 (b) and 15A NCAC 02H ,0506. (4)]. 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. 3 Turbidity Standard The. turbidity standard of 25 NTUs (Neplielometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220, Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 ' 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 specmc project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 001 5 The permittee shall require its contractors and/or agents to comply with the terms 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 a copy of this certification. A copy of this certification including -all conditions shall be available at the project site during the constriction and.maintenance of this project [15ANCAC 0211.0507 (c) aird 15A NCAC 02H' .0506 (bx2) and.(c)(2)] 6 Continuing Compliance: The applicirm/permittee 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 designated or achieved use, or that State or Federal lsw is.being - violated, or that. further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification: [15A NCAC 02H .0507(d)] 7 All mechanized equipment operated near surface waters or wethmds willbe regularly inspected and maintained to.prevent contamination -of waters.and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. lh the event of a hydrocarbon or.chemicalapill, the permittee%ntractor shall immediately contact the Divisiou of Water Quality; between the Hours of.8 am'.to 5.pm at the Wilmington,Reg.onal Qffice.at 910,796.7215 and.a$er hours, and on . . weekends call. (000) ,858­0368. Management of such spills:sball comply with provisions of the North Carolina oil Pollution and Hazardous substances control NCAC 02H.050.6 (b)(3).and (c)(3);15A NCAC. .02B .0200,(3)(f), and GS 143 Article 21A]: . 8. Fueling;lubrication and general equipment maintenancc should not take pkee within 50 feet of a waterbody or wetlands to prevent contamination -by fuel and oils [15A NCAC.02H A506, (b) f3) _ and (c)(3) and 15ANCAC 02B .0200.(3XO] , ' . i Waters Edge HOA Marina, Pander County DWR PennIt # 2004-0337A February7, 2018, _ Page 3 of 4 9 This certification grants permission to the director, an authorized representative. of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hour: 15A NCAC 02H.0502(e). 10 Certificate of Completion i 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 a completed certificate of completion'formto the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Cemec, Raleigh, NC; 27699 within ten days of project completion, The certification of completion is available at: hW://portal ncdenr o,rgweb)wq/swo/ws/401/certsgndpermitsJapply/f mo: Violations of any condition herein set forth may result in revocation of tiffs Certification and may result in criminal,and/orcivil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as, depicted in your application and as authorized bythis, Certification shall expire upon expiration of the 404 or CAMA Permit. i This approval -and its conditions are final and:binding unless contested. I This Certification can be contested asprovidcd in Articles 3 and 4 of General Statute.150B by filing a written petition for an administrative hearing to fire Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at bo://www.ncoah.com/ or by calling•the.OAH i 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.iuthe.OAH during normal office hours (Monday through 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: sending via If US Postal5ervice: sending via delivery service ((JpS, If . Fed4 etc): . Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church -Road . Raleigh; NC 21699-6714 Raleigh; NC 27609-6285 ' One (1) copy ofthe petition must also be served to DEQ: Bill:Lane, General Counsel ' Department of Environment and Natural Resources 1601. Mail Service Center Raleigh, NC 2769971601 . I Watefs Edge HOA Marina- Pender County OWR Permit # 2004-03374 February 7, 2018 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 or Robb Mairs in the DWR Wilmington Regional Office at 910.796.7215 or Robh.Mairs@Wenr.gov. Wilmington Regional Office Division of. Water Resources, NCDEQ Enclosure::.GC 4144 cc: Liz Hair - USACE Wilmington Regulatory Field Office -EC Heather Coats - DCM Wimington-EC Adam Knierim c% Maritech, LLC -EC:. adamlarierim@gmail.com DWR 401 & Buffer Permitting Branch file- LF WiRO A - Coastal Management ENVIRONMENTAL QUALITY January 9, 2018 TO: Georgette Scott Stormwater Section DEMLR - WiRO 1IECEIVE JAN 0 9 2018 BY: ROY COOPER Gowntor MICHAEL S. REGAN secretory BRAXTON DAVIS nireca,r FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats,Wncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Water's Edge HOA Project Location: at the southern terminus of Great Oaks Dr, adjacent to the AIWW in Hampstead, Pender County Proposed Project: to relocate an existing 5-slip docking facility and dredge around the docks within the AIWW 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 February 2, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 a RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management JAN 2 2 2018 127 Cardinal Dave ExL, Wilminglon, NC 28405 910-796-7215 N JAN 2 2 2018 Coastal Management ENVIRONMENTAL QUALITY January 9, 2018 TO: Tim Walton Dept of Administration State Property Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coatsaC)ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Water's Edge HOA Project Location: at the southern terminus of Great Oaks Dr., adjacent to the AIWW in Hampstead, Pender County Proposed Project: to relocate an existing 5-slip docking facility and dredge around the docks within the AIWW 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 February 2, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 / 2� ',VED Di.roi WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management JAN 3 1. 2018 127 Cardinal Drive E.L, Wilmington, NC 28405 910-796-7215 M 77 2 l ,NVIRONNENTAl QUALITY January 9 2018 TO Received: 01/25/2018 State Historic Preservation Office Renee Gledhill -Early Dept. of Cultural Resources Archives & History ROY COOPER "r m w MICHAEL S. REGAN SriMun BRAXTON DAVIS lhn,I . ER 18-0163 Due -- 2/2/18 A- � ii ;oe, FROM Heather Coats. Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext , Wlm NC 28405 heath-- (g� er _ -- cgatsncdencgov Fax 305-3004 (Courier 04-}6-33) SUBJECT CAMA / Dredge & Fill Application Review Applicant: Water's Edge HOA Project location: at the southern terminus of Great Oaks Dr, adjacent to the AIWW rn rfarnpsteau, Penuer Gounty Proposed Project: to relocate an existing 5-slip docking facility and dredge around the docks within the AIWW 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 February Z 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 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 �Mle.rf NmA t udriM I nvnmmeMal WaloT l r�Yl N4ru.. L'." ('MAnd l ma r Yl , Ntbmnpm. N(284ol Vi0-''YM14JT DATED Z S r( 8 Received FEB u 8 08 DICM JAN 2 6 2018 w Coastal Management ENVIRONMENTAL QUALITY January 9, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Governor MICHAEL S. REGAN Secremry BRAXTON DAVIS ]),. r FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenr_go v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Water's Edge HOA Project Location: at the southern terminus of Great Oaks Dr., adjacent to the AIWW in Hampstead, Pender County Proposed Project: to relocate an existing 5-slip docking facility and dredge around the docks within the AIWW 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 February 2, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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** +`fe a #t7G%(C4/ This agency has no comment on the proposed project. •J ty(C M1�1 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 ZC Zo l 0 J's� II UK N l3"+" �J �'"f �(' "' � Received JAN 2 8 1818 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 pCM 910-796-7215 ROY COOPER MICHAEL S. REGAN STEPHEN W.MURPHEY January 29, 2018 MEMORANDUM TO: Heather Coats, Assistant Major Permits Processing Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive, Ext., Wilmington, NC 28405 From: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Water's Edge HOA Project Location: at the southern terminus of Great Oaks Dr., adjacent to the AIWW in Hampstead, Pender Co. Proposed Project: to relocate an existing 5-slip docking facility and dredge around the docks within the AIWW In accordance with 15A NCAC 18A .0911 MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS, this project as proposed would not result in a closure of open shellfishing waters. However, if greater than ten vessels are found to be using the facility at any time for temporary or permanent dockage, or if the docks are constructed such that the docking of more than ten vessels is possible, a closure of open shellfishing waters would be required. Received Nothing Compares,. JAN 2 8 1018 State of North Carolina I Division of Marine Fisheries DC M 3441 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 ■cu Coastal Management ENVIRONMENTAL QUALITY January 9, 2018 TO: JAN 2 b 2018 David Harris NC DOT Roadside Environmental Unit ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCilncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Water's Edge HOA Project Location: at the southern terminus of Great Oaks Dr, adjacent to the AIWW in Hampstead, Pender County Proposed Project: to relocate an existing 5-slip docking facility and dredge around the docks within the AIWW 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 February 2, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 ?6--" " DATED 30 — 2-0) g RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 FEB 01 2013 910-796-7215 A% Coastal Management ENVIRONMENTAL QUALITY January 9, 2018 TO: (' -Ii >,I -IL -,.CI Maria Dunn NC Wildlife Resources Commission For WiRO ROY COOPER Gowmor MICHAEL S. REGAN seeRtary BRAXTON DAVIS .. Director pp913AN¢¢..42018 RECLI'Avti D t l&ht C POW= FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenrgov Fax: 395-3964 (Courier 04-96-33) SUBJECT CAMA / Dredge & Fill Application Review Applicant: Water's Edge HOA Project Location: ait the southern terminus of Great Oaks Dr., adjacent to the AIWW in Hampstead, Pender County Proposed Project: to relocate an existing 5-slip docking facility and dredge around the docks within the AIWW Please indicate below your agency's position or viewpoint on the proposed project and refr`n this form to Heather Coats at the address above by February 2, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. r **Additional comments may be attached** � �-ecllb4.�17� t riirnnt�rc4 n ykc c vl MS This agency has no comment on the proposed project. -fw� 1pf 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 . KAZ DATED 'L- I iiEL csvED OCNI WILMINGTON, NC FEB 0 12018 State of NoriliCarolina', Environmental Quality I Coastal Management 127 Cardinal (hive Ext, Wilmington, NC 21W05 910.7%-7215 Coats, Heather From: Weychert, Curtis R Sent: Friday, February 23, 2018 3:53 PM To: Dail, Jason; Wilson, Debra; Coats, Heather Subject: Waters Edge Application Revision I have no comments on the revision. The proposed area of dredge is sufficiently far enough away from the SAV areas. Curtis Weychert Fisheries Resource Specialist North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 ext. 213 Curt.Wevchert(a)ncdenr.00v 400 Commerce Ave. Morehead City, NC 28557 0�� Nothing Compares,_,.. Ili ROY -COOPER MIQHAEL S., REGAN Secretary. Ai ygement BRAXTON DAVIS Dreclor January.p; 201"13, TO.. Curt. urt.Weychert Fisheries Re§ourc.re'Specialist MHC-DCM FROM Heather Coat% Assistant Major Permits--Qoordinator NdbEd - Division of Coastal Management, 127 Gardinal Drive Ext.; Wilm,-, NC 28405-h&ither CoatsOfiddehr-dov Fax: $9$-39164 SUBJECT: r -CAMA / Dredge .&MI.ApplicationReview Applicant: Water's Edge HOA Proj6cf-Lodbition.- at the southern -terminus of Great Oaks Dr., adjacent to the AIWW in Hampstead, P6nder bounik Proposed Projeet! to relocate an existing 5-slip docking facility and dredge around the docks within the AIWW Please Indicate below your agency' s. position:or viewpoint on the proposed project and i-etUufringthisTrortwtb7HeafWewr7C�dat's'16t the address above by -February -2, 2018. If you, Piave any questions regardJkqgthe propos dprojqct 'i contact Jason Dail - in-depth comments with supporting data'is requested. REPLY' 'This agency hat no objection to the project . as pfopose.d "Additional comments may be,attachqd** This agency has ono 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' Received Ci EIVE .0 JAN 17 2018 AN-14"MIS, State of Noith Carolina I Em'ronnacnto,QtWity t Coastal M U-- .127,Cantinal Drive&(., Wilmington, KC 2840513CMv�Nf "1Q, OtT Yj 910-796:7215 Tr Coast -/Management, ' `ENVIRONMENTAL OUALI7Y':. MEMORANDUM: TO; Heather Cd"ats, DCM Assistant'Major Permit:Coordin'ator, FROM- Curt Weych'et; DCGI Fisheries Resource Specialist V SUWECTi Water's.EdgeHOA, DATE: January 17„ 2018 A North..Carolina Division:of Colt a -will be-158 11.1ong and 74.ft. wide, f atmean low water(MLW'). The total'jI 'he:pfojectis located along the AIWW ed Permanent Secondary Nursery Area tireotly'adjacent waters are"classified a most recent survey -was completed.oit June 2nd, 2017,by`DCm fisher D.WR.Envirotimental Senior -Specialist (map attached to comments).' The site visit concluded.that there was no existing boatlifts.and'floating,docks. This office views the associateddiedgIng as less damag ng.than„the prof located adjacentto.PNA and SNA, thisloffice doe, dredge volume is relatively small, the substrateiis 1 $or ample flushing, impacts to fisheries resources t However, the use -of a turbidity curtain is.strongly This office recoininends'that the applicant continue to monitor the bottom accordingly: if in the, future, conddrons within,the I SAV,..future,dredging and.relnoval of SAY habitaC would likel; specialist, and'constitute.a recommendation fordenial. ROYICOOPEk MICHA,BL S RBGAN, -Secretary- BRAXTON.D"A, Y1q ' � 'DlreCtQr, has'reviewed'fhe a. Intracoastal Waterway a (PNA)'. The projeetarea has 36ghoutthe prajecYarea; The specialist; Curt Weyebert and ithin'ahe proposed areato relocate S_ itlifts andfloating dock -structure and Iermit #33-17. Even`though the projectix an in-watarwork moratorium; because the nd the,proximiiy to theAIWWw ll,allow I have significant adverse impacts: the highest exientpracticable. x depths within the basinarea and.maintain Contact Curt Weyehertat (252) 808-2808.eit: 213 ofCart.Weyoheit0,ii de'nEgov'with furtherquestions.or concerns.. ,'SIateofNvA Cmolina I Lnvir"nul Quality J Coa W Management 400C0mmaeeAvmuetMmrt nd City'.NC28357' 252.808-28081252-247-3330 qha ) i ; Y.-Habil Leigeind., 19AV.Presence. Proposed Modification Area' Muddy�Sand' Sendy Mud Shell Bottom Coats, Heather From: Weychert, Curtis R Sent: Tuesday, February 06, 2018 8:28 AM To: Dail, Jason Cc: Coats, Heather; Wilson, Debra Subject: RE: [External] FW: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED) Jason, I have no comments on the changes/revision. -----Original Message ---- From: Dail, Jason Sent: Monday, February 05, 2018 3:06 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: Coats, Heather <heather.coats@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; justin.r.arnette@usace.army.mil; Todd Skeen <tskeen1996@gmail.com> Subject: RE: [External] FW: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED) Good afternoon Mrs. Hair and others: Please find attached a copy of the revised site plan(s) for Waters Edge HOA, modified and dated 2.5.18. The attached site plans (2 sheets) depict the location of the proposed floating docks and lift, and show them a distance no closerthan 100' from the near shore edge of the federally maintained channel. In addition, the dredge footprint has be shifted slightly landward, but still remains within the proposed 74' x 158' dredge footprint. If this does not fulfill your request for review, or if you have any additional questions, please feel free to call. Thank you and take care! Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7221, Fax: (910)395-3964Jason.Dail@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Thursday, February 01, 2018 9:50 AM To: Dail, Jason <jason.dail@ncdenr.gov> Cc: Coats, Heather <heather.coats@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Weychert, Curtis R <cu rt.weychert@ ncden r.gov> Justin -----Original Message ---- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Tuesday, January 23, 2018 11:49 AM To: Huggett, Doug <doug.huggett@ncdenr.gov>; kathryn_matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; bowers.todd@epa.gov; John <john_ellis@fws.gov>; Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.mil>; scott.d.mcaloon <scott.d.mcaloon@uscg.mil>; Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>; environmental.review@ncdcr.gov; Eunice.A.James <Eunice.A.James@uscg.mil>; Fritz Rohde - NOAA Federal <fritz.rohde@noaa.gov>; Mairs, Robb L <robb.mairs@ ncdenr.gov>; 'Dail, Jason' <jason.dail@ncdenr.gov>; Coats, Heather<heather.coats@ncdenr.gov>; HORTON,1 TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil> Cc: Greer, Emily C CIV USARMY CESAW (US) <Emily.C.Greer@usace.army.mil> Subject: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA All Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by February 22, 2018. The applicant proposes to conduct new dredging and relocate a portion of an existing private docking facility located at the southern terminus of Great Oak Drive, adjacent to the AIWW (Topsail Sound) in Hampstead, Fender County, North Carolina. Coordinates in Decimal Degrees are: 34.3444264 N-77.700639 W. Previous Corps permits associated with this site include a Nationwide permit 18 (issued in 2003) for construction of the subdivision development known as Deerfield at Waters Edge which included impacts associated with construction of a bulkhead and 404 wetland fill for road access. According to the application, the CAMA permit was modified in May 2004 to include the construction of an 18-slip docking facility and again in December 2004 for additional lot fill. In September 2008, the applicant proposed to perform new dredging in the location of slips 5-9 (northern most portion of the project area). Based on the presence of and proposed impacts to submerged aquatic vegetation and comments received in response to the Corps public notice, the applicant withdrew the proposal. Most recently in 2015 and then again in 2017, the applicant submitted a request to dredge around the existing docks within SAV habitat and impact SAV within the proposed dredge footprint. The 2015 application was denied by the NCDCM, NC DWR and the Corps of Engineers. In 2017, the applicant submitted a revised request dated January 17, 2017 , after the CRC granted the applicant a variance to perform the original proposed work, NC DCM permit number 33-17. Since this time, several interagency scoping meetings with the applicant have been held in order to clearly convey agency concerns related to impacts to SAV, dredging in SAV habitat, and proximity of the project to the federal channel setback (most recently in October of 2017). Please see the attached application section for further detail on project history. The revised project plans propose to relocate the existing dock cluster (slips 5-9) form the north, to join with the existing dock cluster to the south (existing slips 1-4), and perform new dredging around the docking facility along the AIWW. The relocated dock would be 110-ft long X 6-ft wide, with three 24-ft long X 6-ft wide finger piers, and join the southern dock on the northern end of slips 1-4. The proposal also includes a 74-foot wide X 158-foot long X 2.2-foot deep cut. Existing water depths within the project area around the docking facilities average around -1.0', relative to normal low water (NLW). Final proposed water depths around the dock would be approximately -4.0-ft NLW. Approximately 11,692 square feet of shallow bottom habitat would be removed within the project area by bucket to barge method, generating approximately 952 cubic yards of spoil material. The application indicates that the spoil material is proposed to be disposed of on the US Army Corps of Engineers disposal Island DA 228. A consent agreement was not provided with the application. Please see the attached NC DCM field investigation report, application, and plans for more detailed information concerning the proposed project. Additionally, based on the attached map (kmz file), it appears that a portion.of the existing docking facility is located within the federal channel setback and that the proposed relocated docks would also encroach into the setback. However, based on the plans submitted with the application, the applicant states that the relocated docks would be outside of the setback. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. This determination is based on the presence of submerged aquatic Vegetation (SAV) and the applicant's proposed removal of the SAV. The waters of the AIWW are designated SA-ORW by the Division of Water Resources. Waters within the project area are NOT designated as PNA bythe NC Division of Marine Fisheries and are OPEN to the taking of shellfish. The presence of SAV's have been verified in this area. As indicated in the CAMA Field Investigation Report, and based upon historical site information and a site visit in April 2015, SAVs are abundant in the project area near slips 5-9 and 'spotty' around slips 1-4 of the docking facility. Additional SAV surveys were performed in 2017 in response to the applicant's revised request dated January 17, 2017. It was determined that SAV was not present in the new proposed project area. Water depths within the proposed dredging area are about 1-foot, relative to Normal Low Water. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines will be required as a condition of this proposed action. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places, the Corps has preliminarily determined that the proposed project will have no effect on cultural resources and requests concurrence from the State Historic Preservation Office. Please contact me if you have any questions. Please provide comments as soon as you can or by February 22, 2018. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED E Coats, Heather From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah. E. Hair@usace.army.mil> Sent: Thursday, February 01, 2018 9:50 AM To: Dail, Jason Cc: Coats, Heather; Mairs, Robb L; Weychert, Curtis R Subject: [External] FW: CAMA Major/GP 291/revised SAW-2003-005061waters Edge HOA (UNCLASSIFIED) Attachments: da228.jpg; DA 228 Info.kmz; waters_edge.jpg CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. Jason/Heather, Please see comments from Navigation below. Please have the applicant resolve the issue with the plans as requested and begin the process fora Consent to Cross. We cannot authorize this project until these items are resolved. Thanks, Liz -----Original Message ----- From: Arnette, Justin R CIV USARMY CESAW (US) Sent: Thursday, February 1, 2018 7:44 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED Liz, Unfortunately navigation has to object to the plans and the DA 228 Access issue. The plan attached to your email (and subset attached here) indicate that they plan to move the docks back 10 feet. This would still put them in the setback by 10 feet. The setback in this area is 100 from the channel not 90. Due to the plans not having the setback line drawn on them and the lack of details showing where the piling are located we have to assume that the current plans still have new construction within the.setback. As for the disposal area, I do not see how they plan to get to the area outside of the easement unless they are planning on clearing and creating a new road to the area. As you can see in the image attached image and KMZ,the existing road is within the easement and unless they plan to build their own road the will need a consent to cross to use what is currently there. If you have any questions please just let me know. Thanks. justin -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Wednesday, January 31, 2018 4:14 PM To: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>. Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED) `-Access ?oirt f" t I a �r DA 228 ; Piacement Area, } f Ir 1. Access cirl � J 1 I 1 n !^ n f I t DA 228 ' Placement Area 11 March 26, 2018 Regulatory Division Action ID No. SAW-2003-00506; Waters Edge HOA Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of to conduct new dredging and relocate a portion of an existing private docking facility located at the southern terminus of Great Oak Drive, adjacent to the AIWW (Topsail Sound) in Hampstead, Pender County, North Carolina. Coordinates in Decimal Degrees are: 34.3444264 N-77.700639 W. The revised project plans propose to relocate the existing dock cluster (slips 5-9) form the north, to join with the existing dock cluster to the south (existing slips 1-4), and perform new dredging around the docking facility along the AIWW. The relocated dock would be 110-ft long X 6-ft wide, with three 24-ft long X 6-ft wide finger piers, and join the southern dock on the northern end of slips 1-4. The proposal also includes a 74-foot wide X 158-foot long X 2.2-foot deep cut. Existing water depths within the project area around the docking facilities average around -1.0', relative to normal low water (NLW). Final proposed water depths around the dock would be approximately -4.0-ft NLW. Approximately 11,692 square feet of shallow bottom habitat would be removed within the project area by bucket to barge method, generating approximately 952 cubic yards of spoil material. 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 modification to 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 htti)://www.fws.eov/nc- es/mammal/manatee guidelines.pdf. 2. In order to protect anadromous fish, no excavation or filling activities will be permitted between the dates of April I and June 30 of any year without the prior approval of the Corps of Engineers. RECEIVED MAR 2 6 2018 QCM WILMINGTON, NC -2- 3. 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 constriction 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- NAVgusace.army.mil. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. -3- 11. 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. 12. 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 permitiee 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. 13. 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. 14. 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. 15. 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. 16. 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 all disturbed 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). 17. 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 se and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 18. 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. 19. 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. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division -5- Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division Mr. Robb Mairs Division of Water Resources North Carolina Department of Environmental Quality Mr. Jason Dail North Carolina Division of Coastal Management AP — DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Waters Edge Homeowners Association c/o Todd Skeen — CAMA Major/Dredge and Fill Permit Modification Request — CAMA Major No. 33-17 2. LOCATION OF PROJECT SITE: Site is located at the southern terminus of Great Oaks Drive, in Hampstead, Pender County. Photo Index — 2006: 26-6638, S-T 16 State Plane Coordinates - X: 2392028 Y: 219169 Lat:34°20'39.35"N Long:77°42'02.30"W 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Application received complete: 1/08/2018 5. SITE DESCRIPTION: (A) Local Land Use Plan— Pender County Land Classification From LUP — Res., Resource Protection and Conservation (B) AEC(s)Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Septic Planned- N/A (F) Type of Structures: Existing- Single family residences, bulkheads and 18-slip docking facility. Planned- Dock relocation and dredging around the waterway docking facility. (G) Estimated Annual Rate of Erosion: N/A 6. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (§404) (B) Non -Vegetated Wetlands (Open Water) *Subject area noted as Submerged Aqautic Vegetation (SAV) habitat 11,692 sq. ft. 1,768 sq. ft. (incorporated) (C) Other - Highground disturbance 90,000 sq. ft. (D) Total Area Disturbed: 103,460 sq. ft. (2.37 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes (adjacent AIWW) 7. PROJECT SUMMARY: The applicant proposes to relocate an existing 5-slip docking facility and dredge around the docks within the AI W W. JAN 10 2018 DCM- MHD CITY Waters Edge Homeowners Association Page 2 V�4313iROO 0 0*110)91WYto) ►I The project site is located at the southern end of Great Oak Drive in the Deerfield Subdivision in Hampstead, Pender County. The new development, which is the subject of this permit modification, surrounds the docking facilities located within/adjacent to the AIWW around and within slips 1-9. To locate the project site from Wilmington, take US Hwy 17 north to Hampstead. Approximately 0.5 miles south of the Hwy 210 and US Hwy 17 intersection turn right onto Headwaters Drive. Continue along Headwaters Drive and take a left onto Overlook Drive. From there, take your next right onto Creekview Drive E and continue until the road ends. At the terminus, turn right onto Great Oaks Drive and the property will be located along the left hand side of the road at the very end. Existing development on the property includes: single-family residences, bulkheads, subdivision infrastructure and an eighteen slip community docking facility (consisting of four access piers and docks). Nine of the 18-slips are located along the AIWW and the remaining slips are located within Mill Creek. The property is relatively flat with average elevations of approximately 5 feet, above NHW. The property consists of approximately 19.95 acres with most of the tract having been cleared and developed. The periphery of the site adjacent to the water is well vegetated. The wetland delineation shows that the majority of the wetlands on the site are adjacent to Mill Creek and the AIWW. Vegetation at the project site includes: Pine trees (Pinus sp.), American Holly (Ilex opaca), Live Oak (Quercus virginiana ), Sweet Bay (Magnolia virginiana), Hickory (Carya sp.), Yaupon (Ilex vomitoria), Japanese Honeysuckle (Lonicera japonica) and Catbriars (Smilax sp.). Along the coastal wetland border of the property the vegetation includes more salt tolerant species such as: Saltmarsh Cordgrass (Spartina alternii fora), Black Needlerush (Juncus roemeranus), Spike grass (Disticlus spicata) and Cat tails (Typha sp.). A Coastal Wetland and a 404/401 Wetland delineation has been conducted for the property. The 404 Wetland line has been approved by the US Army Corps of Engineers. The waters adjacent to the project are classified as "SA-ORW" by the Division of Water Resources. The area within Mill Creek is designated as a Permanent Secondary Nursery Area by the Division of Marine Fisheries; however, the waters bordering the AIWW are not (surrounding the existing AIWW docking facilities). The waters of the AIWW are OPEN to the harvesting of shellfish and are not designated as a PNA. Pender County's Land Use Plan (LUP) classifies the upland areas as limited transition and all other areas as Conservation, however, the Land Use Plan includes all Areas of Environmental Concern (AEC) as well as the 404 wetlands in the Conservation class. JAN 10 2018 DCM- MHD CITY Waters Edge Homeowners Association Page 2 The subdivision has a history of CAMA/COE permitting that spans back to 2003 (CAMA permits). Specifically, on May 27, 2003, a CAMA major development permit (#68-03) was issued to Jimmy's Island, LLC for the development of a subdivision known as "Waters Edge at Deerfield". The permit authorized development of a subdivision to include only those land disturbing activities associated with establishment of the subdivision. In addition, the permit authorized the installation of a bulkhead along the property's shoreline. On May 25, 2004, the permit was modified (major permit modification) to allow for the construction of an eighteen (18) slip docking facility, part of which was to be constructed along the headwaters of Mill Creek (slips 10-18) and the remaining portion to be located within the AIWW (slips 1-9). Based on information presented in the major modification request, water depths surrounding the AIWW dock ranged from -1.91' to -3.92' relative to NGVD `29. No calculations were provided to depict the water depths at either area based on "normal low water". CAMA major permit No 68-03 was again modified (minor permit modification) on December 21, 2004, to allow for the filling of additional "404" type wetlands on one of the lots within the subdivision. This permit expired on December 31, 2006. On September 8, 2008, Waters Edge Homeowners Association applied for a CAMA Major permit to perform new dredging in the location of slips 5-9. Slips 5-9 are the northern most slips located along the AIWW, and consist of an access pier, a "T-head" shaped platform and three (3) finger piers. At the time of submission, water depths surrounding the docking facility ranged from approximately -0.5' to —1.5' at Normal Low Water (NLW). According to the field investigation report prepared by Heather Coats (field representative for the Division of Coastal Management) on September 11, 2008, Ms. Coats states: "Submerged aquatic vegetation (SAV) is present within the boatslips and therefore dredging would impact SAV and SAV habitat ". The application was circulated and reviewed by numerous resource agencies and comments supporting the planned development were unfavorable due to the project's impacts on SAV and SAV habitat. As a result, the applicant withdrew the permit package and no further action was taken. Most recently, the applicant applied for a CAMA Major/Dredge and Fill on 7/10/15. The purpose of the application was to dredge around the 9-slip docking facility located along the AIWW. The applicant's permit was ultimately denied (based on significant impacts to SAV), and on November 30, 2016, the applicant petitioned the Coastal Resources Commission (CRC) for a variance seeking relief from the Division's Rules, to allow for dredging around the 9-slip facility, located along the AIWW. The CRC granted the applicant's request and on March 6, 2017, CAMA Major Permit No. 33-17 was issued. The permit authorized dredging around slips 1-9, to a depth of-3.92', below the "normal water level". However, the applicant's request was also denied by the NC Division of Water Resources (Water Quality Certification), as well as the US Army Corp of Engineers, due to significant adverse impacts to SAV. Specifically, the dredging of slips 5-9 in their current location. As a result, the applicant determined it would be more reasonable to relocated slips 5-9, thereby avoiding any disturbance to existing SAV, and combine the two docking facilities. RECEIVE® JAN 10 2018 nf%RA_ noun nlry V_ Waters Edge Homeowners Association Page 3 Under this current proposal, the applicant claims they would be dredging within an area void of SAV. The following describes the applicant's intent to complete a portion of the dredging activities authorized under CAMA Major permit 33-17, and relocate slips 5-9. PROPOSED PROJECT According to the project narrative and application package, the applicant is proposing to relocate an existing 5-slip docking facility and perform dredging around the combined facility, located along the AIWW. As designed, slips 5-9 would be relocated from their current position (intact) to the northern side of the existing docking facility that comprises slips 1-4. According to the application package, the 6' x 90' dock spine, three - 6' x 24' finger piers and five -13' x 13' boat lifts, that comprise slips 5-9, would be moved to the northern side of slips 1-4. The two docks would be connected by.a new section of dock spine.measuring 6' x 20'. The existing access pier and covered gazebo, that provides access to slips 5-9, would remain and be used primarily for fishing, crabbing and general observation. No additional docking spaces would be created as a result of this proposed dock reconfiguration. In addition to the proposed dock relocation, the applicant is seeking authorization to expand the existing boat basin, to include dredging an area approximately 174' x 50' x -3.92' NWL (final depth). As designed, a 174'(1) x 50'(w) x -3.92 (d) cut would be made within the interior dimension of slips 1-9, and would expand toward the AIWW. A total of approximately 854 cubic yards of material would be removed from the project area (via bucket to barge) and disposed of at an approved, pre -determined disposal island located within the boundary of the USACE's Disposal Area DA-228. As proposed, the spoil deposition would occur outside of the USACE's easement, along the Northeast New Hanover Conservancy property (statement of approval attached). Please refer to Sheet 1 of 1-Existing Conditions 11/9/17, Sheet 1 of 1-Proposed Modifications 11/9/17 and Sheet 1 of 1-Proposed Dredging Footprint 11/20/17 for a detailed layout of the prosed slips and dredging activities. The proposed scope of the work is a direct response to comments and stipulations discussed during a pre -application meeting held at the Wilmington Regional Office on 10/19/2017. Present were representatives from NOAA Fisheries, NCDMF, NCWRC, NCDCM (Fisheries and Regulatory Staff), NCDWR and the USACE. A synopsis of the meeting, based on staffs documentation, indicate that the project area (slips 1-4 and the area where slips 5-9 are proposed) is void of SAV, while the current location of slips 5-9 still present active growth. Based on that meeting, it was also noted there is active shellfish habitat approximately 50'-75' of the project area; however, these areas should not be impacted as a result of the project. JAN 10 2018 DCM- MHD CITY Waters Edge Homeowners Association Page 4 In addition to the environmental concerns surrounding the applicant's proposal, the dock relocation presented a challenge since Waters Edge HOA has minimal riparian access along the AIWW. To address this issue, the HOA approached the adjacent riparian property owners (Blanton and Cantrell) and obtained permission to "encroach" into their respective riparian corridors (see Appendix 10 and Appendix 11). Notarized documentation provided by the applicant demonstrates that both adjacent riparian property owners have agreed to "waive" the 15' riparian corridor setback, as well as allow "encroachment". 10. ANTICIPATED IMPACTS The proposed excavation would disturb approximately 11,692 sq. ft. of shallow bottom area (part of which was previously authorized under CAMA Major 33-17). The high ground disposal would result in approximately 90,000 square feet of land disturbance. The proposed dock relocation would result in the incorporation of approximately 1,768 sq. ft. of estuarine and public trust waters. The submerged land located within confines of the proposed dredging limits and docking facility, appears to be void of and SAV. Minor -increases in turbidity should be expected, however, no long-term impacts are anticipated. - It should be noted, based on aerial imagery, the existing facility (slips 1-4 and 5-9) appears to extend beyond the USACE's Federal Channel Setback. The encroachment appears to include a portion of the finger piers associated with the existing facility, as well as the boat lifts. Should slips 5-9 receive approval, there should be conditional statements addressing the encroachment. Submitted by: Jason Dail Date: January 9, 2018 Office: Wilmington JN�A A lY Ali iU DCM- MHD CITY ON MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Water's Edge Hoa Project Name (If applicable) Boat Dock Relocation & Dredging Applicant 1: First Name Todd MI Last Name Skeen Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 1213 Culbreth Dr PO Box City Wilmington State NC ZIP 28405 Country Phone No. 910-632-4847 ext. FAX No. Street Address (if different from above) City State ZIP. Email tskeenl996@gmail.com 2. AgentContractor Information Business Name Maritech Llc Agent/ Contractor 1: First Name MI Last Name Adam Knierim Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box City State 108 Circle Dr Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910-270-4058 ext. 910-297-7710 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email adamknierim@gmail.com +G oFV{. o V IYvl fl qi6.,, VbA I„,.� <Form continues on back> J � .{{ ,w �QN 10 2018 :6Yai 252.808-2808 :: 1-888-a Ri: OAST :: www.nccoastalmanageme . a- 1 C't Form DCM MP-1 (Page 2 of 4) APPLICATION for t_. Major Development Permit 3. Project Location County (can be mukiple) Street Address State Rd. # Pander Corner of Waters Edge Dr and Great Oak Dr N/A Subdivision Name City State Zip Water's Edge at Deerefield Hampstead NC 28443 - Phone No. Lot No. (a) (if many, attach additional page with list) 910 - 632 - 4847 ext. Between lots 2 & 3, 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear AIWW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Pander County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 45' 8775 sq. ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.5 acres, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5.5' ®NHW or ❑NWL e. Vegetation on tract Native grass, oak, marsh grass f. Man-made features and uses now on tract Existing access pier, gazebo, floating docks for 9 boat slips, retaining wall, asphalt driveway g. Identify and describe the existing land uses adjacent to the proposed project site. Existing floating dock facility is between lots 2 & 3 of Waters Edge Subdivision. Facility is in a designated area for community docks and recreation. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? single residence and recreation (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 aNational Registered Historic District or does @ involve a []Yes ❑No ®NA National Register listed or eligible property? JAN Oat<Formcontinues onnext page> RECEIVED Nut WILMINGTON, NC JAN 10 2018 252.808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net DCM- VHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for V U 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 facilities. Community sewage (septic tanks/fields) for homes, no wastewater treatment for small boats o. Describe existing drinking water supply source. community water p. Describe existing stone water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. New work in existing basin area to restore original depths and provide boat access, to provide water access and relieve stress on existing dock facility. Floating docks rest on bottom during low fides. 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. Dredging operations will be performed utilizing bucket and barge methodology. A barge and pushboat will be used for transporting dredged material. Material will be disposed of in state approved site. d. List all development activities you propose. New excavation to enable boat usage of docks by subdivision residents e. Are the proposed activities maintenance of an existing project, new work, or both? new 11 69Z f. What is the approximate total disturbed land area resulting from the proposed project? i6ilM submerged & 25,218 disposal ®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. standard practices will be employed to minimize silt discharge during dredging 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 ligation proposed.9 �' Fi, []Yes ®No ❑NA If yes, atta;a mitigation proposal. JAN 0 8 2018 <Form continues on back> JAIL Y 0 am WII tJ(INGTUR9• %ic 4 1'1f+ItA, aLIEN GT7-Y 252-808-2808 .. 7-888.4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for V�� Major Development Permit & Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — M are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Hollis Batson Phone No. 910 270 0866 Address 110 Captains Cove, Hampstead NC 28443 Name Michael Norris Phone No. unlisted Address 3701 Reston Ct, Apt A, Wilmington NC 28403 Name Dan Cantrell Phone No. 336 692-9713 Address 106 Great Oak Dr, Hampstead NC 28443 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 68-03 Jimmys Island LLC, May 2004 WA,s^ E049w- tlonf — 92 Ay% A. - v-43- 1'7 < P,k. 1fpRlis� 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. 1 7. Cen'fcadon and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 1214/17 PrintName Todd Skeen Signature A Please indicate application attachments pertaining to your proposed p(oject. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information J. ii DOM. f! HD CITY 252-808-2808 .. 1-888-4RCOAST .- www.nccoastaimanagement.net 0 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. All 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 158' Width --2* Avg. Existing ,yA-MW_ -1.70 NWL NA NA Depth Final Project - -3.92 NWL NA NA Depth 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, muddy sand 854 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 OWL ®None (ii) Describe the purpose of the excavation in these areas: N/A 2- DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. USACE DA 228 300' x 300' c. (1) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA ®Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? USACE DA 228 (i) Does the disposal area include any coastal wetlandstmarsh (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 OWL ®None (III Describe the purpose of disposal in these areas: habitat enrichment f. (1) Does the disposal include any area in the water? [--]Yes ®No ❑NA (ii) If yes, how much water area is affected? N/A K' JAN 0 8 20 JAN 10 2018 ^GM yyai—hAINIGTON, NC 252-808-2808 :: 1.888-4RCOAST :: www.ncr net DcMry1T3lVIFY Form DCM MP-2 (Excavation and Fill, Page 2 of 3) ,1v 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: _ Width: c. Average distance waterward of NHW or NWL: d. Maximum 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. I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (it) 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, (it) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill 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 OWL ❑None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Excavated material will be held in place and bucket and barge erosion controlled via existing earthen dikes at disposal site. Material will be stabilized and seeded after placement. c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. NIA .� -44 0 8 2010 d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. NIA 12/4/17 Water's Edge Dock Relocation and Dredllfng Date Project Name JAN 10 't018 252-808.2808 :: 1-888.4RCOAST :: vvvvvv.nccgast_almanagement.ne_ t oMV. 1 8j0 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Todd Skeen plicant Nap'ie Applicant \�Signa`turee JAN 0 8 2018 DCM WILMINGTON, NC JAN 10 2018 DCM- MHD CITY 252-808.2808::1-888-4RCOAST::w mccoastalmanaaement.net revised: 12/26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. I.: DOCKING "FACILITY/MARINA CHARACTERISTICS El This secGonnot applicable a. (i) Is the docking facility/manna: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Government ®Private/Community ❑Yes ®No ftL'• �6 c. (i) Dock(s) and/or pier(s) I k (� $ (ii) Number —9" I r (iii) Length 466" i I C (iv) Width —V I Ic (v) Floating ®Yes ❑No e. (1) Are Platforms included? []Yes ®No (ii) Number _ (iii) Length r (iv) Width (v) Floating ❑Yes []No Note: Roofed areas are calculated from drlpline dimensions. g. (i) Number of slips proposed 0 (relocated) ' (ii) Number of slips existing 9 i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water, no dredging required []Other; please describe: k. Typical boat length: 21' m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 16 d. (i) Are Finger Piers included? ®Yes []No If yes: (ii) Number 3 (iii) Length 24' (iv) Width 6' (v) Floating ®Yes [-]No f. (i) Are Boatlifts included? ®Yes []No If yes: - ,. (ii) Number 4 (iii) Length 12' 6" (iv) Width 12' 6" h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or tail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 9 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout 1 L (i) WiIC Aci%r be open to the general public? []Yes ®No oc-'A=' 'v11j.'..t+JN AI T O N, INC-, 252-808.2808 .. 1-888-4RC'DAST .. www.nccoastalmanagement.net revised: 12127106 Forma OCM MP-4 (Strt7ctures,'Page 2 of 4) 2. DOCKING FACILITY/MAR/NA'OPERATIONS` ®Thfs section not applicable' a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. - (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? - h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No T3 M8 '',;i/j;.lf3i'?;iS r : 2.�i2-$d5$•?8fl8 :: 9-$88-Ais'G4J315T :: vd�vur,nezoastaierranacyernerat.roe2 revisecd:'12127/06 Form DCM MF-4 (Structures, Page 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. shell bottom 3. BOATHOUSE (including covered lifts)' -" ®This section not applicable a. () Is the boathouse structure(s): []Commercial ❑PublictGovemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Rooted areas are calculated from dripline dimensions. 4i-'GROIN e, wood, sheet k-etc. 'if, rocK roim use MP 2, Exc ( g, p g , aviation and'FiIL) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5.. BREAKWATER (e.g, wood,'sheetpfle, etc.) This section 'not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not app,"licatile a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline _ Note; This should be measured from marsh edge, if present. e. Are of the swing _ 7. GENERAL. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) dZl.f'.i^aT i' o�.� 'N 20 252-808-2ao8 n 4-888-4RCOAST:: w N.nccoastalmanactement.ne% revised: ri2/27/D6 Form 0CM MP-4 (Structures, Page A of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. <15' 223' to north, 2090'to south Note: For buoy or mooring piling, use arc of swing including length ofvesseL c. Width of water body 550, e. (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. N/A d. Water depth at waterward end of structure at NLW or NWL -1.99 NWL B.,OTHER <" ❑:This sectiohinorapplicable a. Give complete description: We propose relocation of the northeastern cluster of docks (containing slips 5-9) approximately 120' to the southwest, so that they join with slips 1-4 (Appendix 9). This would place all docks in a region free of SAV on the most recent habitat survey (Appendix 8). Slips 5-9 would be connected in line with slips 1-4 to maintain the minimum 90' setback from the navigation channel at all times (see Appendix 9 for scaled drawing detailing dock relocation). The relocation will be in the riparian zones of Lot 2 & 3. We have obtained their written consent for the project (Appendices 10 & 11). We sent project notifications to adjacent landowners Batson and Norris. Written consent was obtained from Mr. Batson (Appendix 12). We were unable to reach Mr. Norris via certified return receipt mailer to address listed on Pander County Tax records. The USPS confirmed that Mr.,Norris no longer lives at address of record (3701 Reston Ct._Apt A), and, has left no forwarding address (Appendix 13). As such', we tfabe no method to reach adjacent property owner Norris. Please note Mr: Norris has never voiced any concerns or - objections on previous applications submitted by our HOA. He owns a lot (110 Great Oak Dr.) adjacent to our neighborhood and would not be directly or indirectly affected by our project. Dock relocation would be performed by Jimmy North of Coastal Marine Construction, a licensed contractor in the state of NC. Once docks (and boat lifts contained within slips 5-9) have been relocated, dredging to a depth of -3.92 NWL would occur. The dredging would be performed by Adam Knierim of Maritech LLC, a licensed contractor in the state of NC. Dredging details can be found on enclosed maps showing dredging footprint (Appendix 14), calculations of estimated dredging volume (Appendix 15), site map with disposal location (Appendix 16), detailed map'of disposal site with limits of spoil deposition (Appendix 17), and written permission to use the disposal site (Appendix 18). Applicant Signature 253-US-2803 :: 1-8884RCOAST :: +nrwesv.rsccoas2almarsaaemeait.rae@ revised:/2/27106 0 6EOY INORA 8 MAN M NOW 'ad Alp • f i V r •r 400 pq P ",.a •J° P @ •,.p ? �y\ 10 ViY r�� V'4 f•Y V�r fi+ � •/Y V nacK CIWl Y I 'A' a wryp ?WM cam %$GALE: Received FEB 18 1018 DCM MV 6a. Project Narrative for Water's Edge Marina Relocation and Dredging Pertinent Backeround Water's Edge HOA seeks to restore water depths at its private marina containing 9 slips along the AIWW to the original level of negative 3.92 NWL (see Appendices 1-3 for site overview). The presence of SAV in the current location of slips 5-9 has prevented approval of past dredging applications. Water's Edge has worked with the ruling agencies to find a mutually agreeable solution. In 2016 it was suggested that slips 5-9 be moved to the southwest of slips 1-4, where no SAV existed on previous habitat survey (Appendix 4). The HOA was in favor of this move, however it was blocked by the landowner of lot 3, who claimed it would impede his views and violate his riparian rights. The HOA did not consider moving slips 5-9 to the northeast of slips 1-4 because SAV was present at that location on most recent habitat survey (Appendix 4). Thus, a variance was sought and obtained from the Coastal Resources Commission in November 2016 to allow for dredging to original depths of -3.92 NWL at present slip locations (Appendices 5 & 6). Subsequent applications to NCDWR and USACE (Appendix 7) were denied based on need for an updated SAV survey, which was conducted by DMF in June of 2017 (Appendix 8). On this survey SAV was no longer present to the northeast of slips 1-4, thus relocation of slips 5-9 prior to dredging has been suggested by the ruling agencies. The HOA sought alternatives to dock relocation to avoid the substantial expense ($40-5Ok) associated with such a project. In October 2017, Clark Environmental Group met with the ruling agencies on behalf of the HOA to propose alternatives to dock relocation. The addition of docks 5-9 along the chain of docks 1-4 was favored by reviewing agencies; thus we are formally submitting that proposal. Scooe of Proiect We propose relocation of the northeastern cluster of docks (containing slips 5-9) approximately 120' to the southwest, so that they join with slips 1-4 (Appendix 9). This would place all docks in a region free of SAV on the most recent habitat survey (Appendix 8). Slips 5-9 would be connected in line with slips 1-4 to maintain the minimum 90' setback from the navigation channel at all times (see Appendix 9 for scaled drawing detailing dock relocation). The relocation will be in the riparian zones of Lot 2 & 3. We have obtained their written consent for the project (Appendices 10 & 11). We sent project notifications to adjacent landowners Batson and Norris. Written consent was obtained from Mr. Batson (Appendix 12). We were unable to reach Mr. Norris via certified return receipt mailer to address listed on Pender County Tax records. The USPS confirmed that Mr. Norris no longer lives at address of record (3701 Reston Ct. Apt A) and has left no forwarding address (Appendix 13). As such, we have no method to reach adjacent property owner Norris. Please note Mr. Norris has never voiced any concerns or objections on previous applications submitted by our HOA. He owns a lot (110 Great Oak Dr.) adjacent to our neighborhood and would not be directly or indirectly affected by our project. Dock relocation would be performed by Jimmy North of Coastal Marine Construction, a licensed contractor in the state of NC. Once docks (and boat lifts contained within slips 5-9) have been relocated, dredging to a depth of -3.92 NWL would occur. The dredging would be performed by Adam Knierim of Maritech LLC, a licensed contractor in the state of NC. Dredging details can be found on enclosed maps showing dredging footprint (Appendix 14), calculations of estimated dredging volume (Appendix 15), site map with disposal location (Appendix 16), detailed map of disposal site with limits of spoil deposition (Appendix 17), and writtp,,K i itN' he disposal site (Appendix JAN 0 8 2018 JAN 10 2018 DC —iv; vViLMING10N, NC DCM- MHD CITY 6b. Work Plat No work has been completed. See Appendix 8 6c. Site Map See Appendices 1-3 6d. Copy of Deed See Appendix 19. Copy of our covenants and amendments to our covenants that pertain to our boating facilities. JAN 0 8 2018 17CIVt WII-MINGTON, NC JAN 10 �U18 DCM- MHD CITY ROY'COOEER MICHAEL S. BEGAN-. Water Resources S 7AY ZJMMERM&N, ENViROMMEM7Al44ALItY -0irector' " March 9, 2617 DWR #:2004-0337 v3 PenderCounty Waters Edge Homeowners Association Attn: Michael'Mac and lohn£orkmm 2108 Capital Drive"Suite 102 Wilmington, NC 28405 Subject: REQUEST FOR ADDITIONAL INFORMATIOfd Waters Edge, HOA Boat Dock; Dredging project,'Hampsteacl Dear Messrs. Mac and Corkrum; On January18' 2017, the Division of Water Resources;(Division) received your"application dated .January 12, 2017; requestinga 401,Water'QualityCertification from the Division for the subject project. The Division has'.determined that your application is incomplete and cannot be processed; The application is on=hold'until all"of the: following information'is received; 1. On February 16, 2017„Liz Hair, with, the U.S. Army Corps sent an email requesting three items. The Division is also requesting these three, items,be provided to the Divisionfor review: - a. A Submerged Aquatic Vegetation (SAV);survey.within the project area to determine; accurate impacts to the SAV, and SAV habitat; b. Discussion, on avoidance and minimization of adverse impacts to the SAV. Include why the docks cannot be'realigned or combined to minimize impactsto SAV; c. -A compensatory; mitigation plan forany unavoidable impacts to SAV. Pursuant to Title 15A,NCAC 02H .0502(e), the applicant shall furnish all of the above requested information forthe.proper consideration of the application. Please respond in, writing within 30. calendar days of receipt of this letter by sending two (2) copies of all -of the above requested information to the 401 & Buffer Permitting Branch,1617 Mail Service Center, Raleigh; NC 2769.9-1617. If all of the requested information is not received in writing within 3Q calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return -of this project -will necessitate reapplication to'thelDivision for approval, including a complete application, package and the appropriate fee;. Received MAR 0 9 2017 \\` State of North Carolina I Environmental Quality I Wateritasomcea DCjM \ 1617Mail$mice Center I Raleigh,NonkCaroliw 27699;1617 919 807 6300 DWR # 0470337 0 Request for Add Info Page 2 of 2 Please be aware that you have no authorization under Section 401 of th6 Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Karen Higgins at 919-807-6360 or karen.hil=_eins@ncdenr.Rov or Jim Gregson at 910-796-7386 or lim.greeson@ncdenr.sov if you have any questions or concerns. Sincerely, eJe y 0.Poupart, ChiefWater Quality Permitting Section cc: Adam Knierim — Maritech LLC, adamknierim@email.com — electronic copy Liz Hair—USACE—Sarah.E.Hair@usace.armv.mil -electronic copy Heather Coats — DCM Wilmington — electronic copy Jason Dail —DCM Wilmington —electronic copy Robb Mairs—DWR WiRO DWR 401 and Buffer Permitting Unit File Copy File Name: 040337v3WatersEdgejPenderj 401_HOLD • •Mere • • • �,, Dredging Protect L ir vl , o it r� ti jRich's Inlet USAC x yshbr , h 3 fi o p '.by 15194re,ki Island f _] F 9p a �l gden L n Coastal Management ENVIRONMENTAL OUALITY MEMORANDUM ROY COOPER dosemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dmcror TO: State and Federal Review Agencies: USACE (Liz Hair), NCDCM/DMF (Curt Weychert), DWR (Robb Mairs), Doug Huggett MHC FROM: Jason Dail,Ca(U`-� DCM -�_ `,T�(_,_mgton THRU: Debra Wilson k"J DCM - Wilmington RbAet - DATE: February 19, 2018 ACM, M 2I ZO IB RE: Waters Edge HOA c/o Todd Skeen yo C/TY CAMA Permit Application Revision The Field Investigation Report (FIR) for the subject project was circulated on January 9, 2018. The scope of work proposed in the initial application package included the relocation of 5 existing slips (5-9), as well as new dredging around the combined 9-slip facility. On January 24, 2018, a memorandum was circulated depicting a design modification due to comments received from the US Army Corp of Engineers. In summary, the original proposal showed a 90' setback from the edge of the Federal Channel; however, it was later determined that the channel setback in the location of the proposed docking facility was 100' from the edge of the channel. The design change (i.e. relocating slips to meet the channel setback) resulted in additional sections of floating dock being added to structurally attach the 5-slip facility to the existing 4-slip facility. This additional dockage, however, has caused concern to several slip holders (particularly owners of slips 4 and 5) about maneuverability. Therefore, the applicant is requesting the plan be further modified to eliminate the two floating dock extensions that would have previously connected the two docking systems. Instead, the applicant is requesting authorization to install a 6' x 8' fixed platform along the run of pier (opposite the gazebo), which would ramp down to the dock spine of slips 5-9. This design would not alter the dredge footprint, nor would it change the overall footprint of slips 5-9. The redesign would simply remove those floating structures in between the two, independent docking facilities. Please make note of the revisions and if you have any questions concerning these changes, please feel free to contact me at (910) 796-7221. State of North Carolina I Env roamental Quality I Coastal Management 127 Cardinal Drive Fat., Wilmington, NC 29405 919 796 7215 Dail, Jason From: Todd Skeen <tskeen1996@gmail.com> Sent: Monday, February 19, 2018 8:21 AM To: Dail, Jason Subject: [External] waters edge Attachments: dock 2-17-18.pdf Hi Jason, I hate to do this, but I need to submit a revision of our dock drawings. The owner of slip 5 has pointed out that his access will be restricted, especially on a NE wind or strong incoming tide, due to the docks being staggered and his close proximity to slip 4. I've reviewed the plans and he makes a strong point. I'm glad this was caught before it was too late. I do sincerely apologize for the inconvenience caused by a change at this late stage. Attached please find new drawings for Appendices 9 & 14. I've adhered to the guiding principles of maintaining a 100' setback and making sure there is no SAV in the dredge footprint. Because the dredge footprint looked to be coming close to the current location of docks with SAV, I did an extra drawing to satisfy my own curiosity. The dredge footprint would barely cross into current location of slip 5, which has no SAV. Use this extra drawing or throw it away, whatever you deem best. Again, I did it as a way to double check everything. Thanks again for all you help. I do sincerely apologize for the inconvenience this creates. todd Tedcl. �� L� _v kIm mae As oesreo, �( Vol, —I- L� wrarM i 'M It Naam MAN oat:uarya KWPFm�VOMAnat '__ aa�or r _� I a.I/, ��ilrc 1°OCMRAA9�wY am W new h I ALL p AYM B NR oMTW TO mom 'a0. pd8 � � B fit 4 A. w urn Alp 1p DOCK FACILITY "A" �n y� ed WA 12' S 5PGO A? tWal � A-l�l-� issn�. row.a+ rvro.n anxn, wwi�. a w. tt.,.� \n rucfsS mue L.m y y......M.y1'I�Qt w dy�j ln�ep S �� o� . � 'P reydd.�iH GARO'"�,JIMMY'5 -PNn IPIC �P ...., e� W •atrt as ro�ses io• F� � n� moo, � N Proposed Modifications 2/17/18 a. Water's Edge Hampstead, NC 0A 00rurex�., W,�oyy,cP SCALE: 1� • Pender County j jl * Sheet 1 of 1 e= Q Al. ti C� � N W VK tti W Rg91 P WAD NO VP PnIPMEO V 1 W BN�NO' £ryl P�UpIMEOO_' ♦ 4xPAeEOV NIOtH. ®ttx6D ALL ELEV♦nONS ARE "M ATM M IMW '20. ;0' I a WAT.'R3 eOGE AT DeeRpleO h4P BOOK PAGe _ 1 e(gl .t 1 uwR ,,..tw, x+roroR`e ,per ,p A P V n �o,n��2�� • 1 $ .Aar y • , + •f •'> Il'�a� •M ve ^tom'-.r,.,'1 �� �� � y, �\a • � ' 1/` .. .. a�Ra<%..{{��i�MpYRnW�W1�pv�slRINC are 1 .__.__ 1 I i � .`L�JaQ�BalO "y`{• �WANfON. hIC 'fW,CJ } 1 NA Proposed Dredge Footprint • \I Water's Edge �M�i ca'iai'N+�iL,L'9297'g 5 r� 03 ,� .. Ham stead NC r,Ma.as Pucosee.. a'8y,.avgV.. eo; P r y ICAO W 4pP,r+` nw i nien VCHLb 1"m� , vh 9 ! Pender County 'NIr•a�uW+•+ r r 7Rw+mw+e , .i I Sheet 1 of 1 7 o� 00 - I i NO1 1. "I YAP VA9 NOi PFFPAp® PYN P°CdIDATMN, RL CCNIEYAN[°q OR SANG PYPPO[ev .v _ __ _ __ I— °p'0f �- �•.,` I ]. FRWO O OOgt fAtl{111' cav NOT lx= Ilvw A .M � eicvAAimwa Aas xaAms To wen x. \D3 I J" T' a la fi ','j'jjj 1'�° i.'P { faa . u' ♦ v`° , r� �'A pI + ♦ ♦ A I ♦ ♦ $1' Wn'ILN.� mOl AT OG4PI6D ^ � � � I A 8 I \ Y�ily YM M Wow- 1,2 a ! ♦ ,F C y ♦ ♦ pnra r I \ t YY+. W Aii ,�P A'I'%� ,T'P I'r ,rf•�t /,� : "r A*\ ; "� ♦ "� •/�° •r♦ •''p 'Jol •" VOCK�PACK-My ''A" �a� 3 1 4'.Red Z1Cr SE cb�u 1 WA fL12' S �l7GL AT vmerim t2 \fG a.c1.c�2dA 4mT ronex Y}VM mxa xwlld M"d'��\"•,. °`� , % 5%\S s vs -ON, ♦� ♦.P'NOM9Z'� � Y'S INC Q. t �I N^ Proposed Modifications 211711g a spy '� ` ; `\ � p164�MuyMr i L-3d07 �� 3i3%�.3 \r Water's Edge atd Nor, ,yo r Hampstead, NC y�.as rue^nse�.- �3«:S'•'" �s p Ovv p��\ :SCALE: i"--�lU• y� Pender County �,J Ne.W ., a � i 9 i ,� n Sheet 1 of 1 -- Coats, Heather From: Dail, Jason Sent: Monday, February 05, 2018 3:06 PM To: Hair, Sarah E CIV CESAW CESAD (US) Cc: Coats, Heather; Mairs, Robb L; Weychert, Curtis R; justin.r.arnette@usace.army.mil; Todd Skeen Subject: RE: [External] FW: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED) Attachments: watersedge2.5.18.pdf Good afternoon Mrs. Hair and others: Please find attached a copy of the revised site plan(s) for Waters Edge HOA, modified and dated 2.5.18. The attached site plans (2 sheets) depict the location of the proposed floating docks and lift, and show them a distance no closer than 100' from the near shore edge of the federally maintained channel. In addition, the dredge footprint has be shifted slightly landward, but still remains within the proposed 74' x 158' dredge footprint. If this does not fulfill your request for review, or if you have any additional questions, please feel free to call. Thank you and take care! Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7221, Fax: (910)395-3964Jason.Dail@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Thursday, February 01, 2018 9:50 AM To: Dail, Jason <jason.dail@ncdenr.gov> Cc: Coats, Heather <heather.coats@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Weychert, Curtis R <curt.weychert@ncden r.gov> Subject: [External] FW: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED) CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. Jason/Heather, Please see comments from Navigation below. Please have the applicant resolve the issue with the plans as requested and begin the process for a Consent to Cross. We cannot authorize this project until these items are resolved. Thanks, Liz -----Original Message ----- From: Arnette, Justin R CIV USARMY CESAW (US) Sent: Thursday, February 1, 2018 7:44 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED) PlIFIVIII9N730]01I llPAlIFTVIS7110:11I Li z, Unfortunately navigation has to object to the plans and the DA 228 Access issue. The plan attached to your email (and subset attached here) indicate that they plan to move the docks back 10 feet. This would still put them in the setback by 10 feet. The setback in this area is 100 from the channel not 90. Due to the plans not having the setback line drawn on them and the lack of details showing where the piling are located we have to assume that the current plans still have new construction within the setback. As for the disposal area, I do not see how they plan to get to the area outside of the easement unless they are planning on clearing and creating a new road to the area. As you can see in the image attached image and KMZ the existing road is within the easement and unless they plan to build their own road the will need a consent to cross to use what is currently there. If you have any questions please just let me know. Thanks. justin -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Wednesday, January 31, 2018 4:14 PM To: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil> Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED) Justin, Attached are the revised plans per Navigations comments. Also, they have included a statement indicating that they will not be crossing into the Corps Easement in order to get to the disposal area. Will this statement suffice? Thanks, Liz -----Original Message ----- From: Arnette, Justin R CIV USARMY CESAW (US) Sent: Wednesday, January 24, 2018 10:17 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah. E.Hair@ usace.army.mil> Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED Yes but they will only need a consent to cross (a type of consent that allows an entity to cross our easement to access land outside of the easement. To obtain this type of consent they will need to send us a letter outlining the project and a request to cross and a map showing where they plan to access the easement and where they plan to place the material. We like for this map to show the Right of Way line so we can be assured they are outside the easement. Thanks. justin -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Wednesday, January 24, 2018 10:11 AM To: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil> Cc: HORTON, J TODD CIV USARMY CESAW (US) <James.T. Horton@ usace.army.mil>; Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.mil> Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED) Justin, After further review of the application, it appears that the applicant is proposing to dispose the dredged material at DA 228, but outside of the Corps easement on the Northeast New Hanover Conservancy Disposal Area. Do they still need a Consent Agreement? Thanks, Liz -----Original Message ----- From: Arnette, Justin R CIV USARMY CESAW (US) Sent: Tuesday, January 23, 2018 1:29 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: HORTON, J TODD CIV USARMY CESAW (US) <James.T. Horton@ usace.army.mil>; Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.mil> Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED) [I]W_wi19PL\IM0Atli 0[yW_'VV I1Ig0] The plans for this project show lots of new pilings within the setback area. It does appear that most of the docks are floating but the piles to anchor them would be considered an encroachment. Navigation objects to the added encroachment into the setback. The piles can be place along the setback but we will not authorize any piles within the setback. If they plan to utilize a Federal Disposal Area they will need a consent agreement and could take anywhere from 9 months to a year to get, assuming that the project is approved to use the facility. Thanks. Justin -----Original Message ---- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Tuesday, January 23, 2018 11:49 AM To: Huggett, Doug <doug.huggett@ncdenr.gov>; kathryn_matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; bowers.todd@epa.gov; John <john_ellis@fws.gov>; Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.mil>; scott.d.mcaloon <scott.d.mcaloon@uscg.miI>; Annette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>; environmental.review@ncdcr.gov; Eunice.A.James <Eunice.A.James@uscg.mil>; Fritz Rohde - NOAA Federal <fritz.rohde@noaa.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>;'Dail, Jason' <jason.dail@ncdenr.gov>; Coats, Heather<heather.coats@ncdenr.gov>; HORTON, J TODD CIV USARMY CESAW (US) <James.T. Horton @usace.army.mil> Cc: Greer, Emily C CIV USARMY CESAW (US) <Emily.C.Greer@usace.army.mil> Subject: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by February 22, 2018. The applicant proposes to conduct new dredging and relocate a portion of an existing private docking facility located at the southern terminus of Great Oak Drive, adjacent to the AIWW (Topsail Sound) in Hampstead, Pender County, North Carolina. Coordinates in Decimal Degrees are: 34.3444264 N-77.700639 W. Previous Corps permits associated with this site include a Nationwide permit 18 (issued in 2003) for construction of the subdivision development known as Deerfield at Waters Edge which included impacts associated with construction of a bulkhead and 404 wetland fill for road access. According to the application, the CAMA permit was modified in May 2004 to include the construction of an 18-slip docking facility and again in December 2004 for additional lot fill. In September 2008, the applicant proposed to perform new dredging in the location of slips 5-9 (northern most portion of the project area). Based on the presence of and proposed impacts to submerged aquatic vegetation and comments received in response to the Corps public notice, the applicant withdrew the proposal. Most recently in 2015 and then again in 2017, the applicant submitted a request to dredge around the existing docks within SAV habitat and impact SAV within the proposed dredge footprint. The 2015 application was denied by the NCDCM, NC DWR and the Corps of Engineers. In 2017, the applicant submitted a revised request dated January 17, 2017, after the CRC granted the applicant a variance to perform the original proposed work, NC DCM permit number 33-17. Since this time, several interagency scoping meetings with the applicant have been held in order to clearly convey agency concerns related to impacts to SAV, dredging in SAV habitat, and proximity of the project to the federal channel setback (most recently in October of 2017). Please see the attached application section for further detail on project history. The revised project plans propose to relocate the existing dock cluster (slips 5-9) form the north, to join with the existing dock cluster to the south (existing slips 1-4), and perform new dredging around the docking facility along the AIWW. The relocated dock would be 110-ft long X 6-ft wide, with three 24-ft long X 6-ft wide finger piers, and join the southern dock on the northern end of slips 1-4. The proposal also includes a 74-foot wide X 158-foot long X 2.2-foot deep cut. Existing water depths within the project area around the docking facilities average around -1.0', relative to normal low water (NLW). Final proposed water depths around the dock would be approximately -4.0-ft NLW. Approximately 11,692 square feet of shallow bottom habitat would be removed within the project area by bucket to barge method, generating approximately 952 cubic yards of spoil material. The application indicates that the spoil material is proposed to be disposed of on the US Army Corps of Engineers disposal Island DA 228. A consent agreement was not provided with the application. Please see the attached NC DCM field investigation report, application, and plans for more detailed information concerning the proposed project. Additionally, based on the attached map (kmz file), it appears that a portion of the existing docking facility is located within the federal channel setback and that the proposed relocated docks would also encroach into the setback. However, based on the plans submitted with the application, the applicant states that the relocated docks would be outside of the setback. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. This determination is based on the presence of submerged aquatic vegetation (SAV) and the applicant's proposed removal of the SAV. The waters of the AIWW are designated SA-ORW by the Division of Water Resources. Waters within the project area are NOT designated as PNA by the NC Division of Marine Fisheries and are OPEN to the taking of shellfish. The presence of SAV's have been verified in this area. As indicated in the CAMA Field Investigation Report, and based upon historical site information and a site visit in April 2015, SAVs are abundant in the project area near slips 5-9 and 'spotty' around slips 1-4 of the docking facility. Additional SAV surveys were performed in 2017 in response to the applicant's revised request dated January 17, 2017. It was determined that SAV was not present in the new proposed project area. Water depths within the proposed dredging area are about 1-foot, relative to Normal Low Water. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines will be required as a condition of this proposed action. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places, the Corps has preliminarily determined that the proposed project will have no effect on cultural resources and requests concurrence from the State Historic Preservation Office. Please contact me if you have any questions. Please provide comments as soon as you can or by February 22, 2018. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED za ND 210 1� 0 CREEK NEW DRIVE ma H 1 � ED VICINITY MAP_ N7S Q�v, DM nax rm bi CEIVED JAN 0 8 2018 DCM WILMINGTON, NC i -------°`-- 01 00 _)- O% c g_--I or �O Q Q O / o I I � I to °�� f JAN 10 2018 DCM- MHD CITY \x 3 IA)q M I , sr s( & , W Al'-"'s- i JAN 0 8 2018 ' ;p4 a E ,.Vn "INGTON N L or1�4 ��MErs1 oxx rACA/ir'A• I p CoASTA`- pl;Za o5eP �-N I72OCK FACILITY - FOR WA1t�I?' 5 E�PGE,� Af 12E�F-12FIE�L-P TOPSAIL TORMW PENOM COUNTY NORM CAROLINA SCALE 1'. 200' FOR UARCN S. 2005 :� JIMMY'S I51.ANP INC 190A 9A5tW00P ROA7 - 5LM 212 NAL.AAR.allolm. MC 26403 FIR6L1MINA2Y / aute.ev,rs+rarAaoa N 1FORRPC012 cw c ON�/CYMlCE5 OR �j �� EI 5AO!5 PLX!Pc5C5. , A?NMV W. 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N �.w O n mono GA m mm 5.0 40 5.0 2.0 IAO.0 -4.0 -2.00 ----0-0I6d111-0I7425zO1.....0 Z�I3 -14. -15 -IG. �A } o M Z o o e Z ao M _ P7 RPMP :-LOATNG OOCX AND OOI.T 91P9 0.1.W.W. 0 Cross sectional Drawing for Water's Edge Page 1 of 1 11/17/17 Horizontal scale: 1"= 90' Vertical scale: 1"= 9.33' § I IR! 0 Ap0U,,d-"x `k RA 010111=10 ,k l�toY t2tu(�D C9nMht� for 1ar�oe�' (brVoC( f JAN 0 8 2018 nCM WIL MINGTON, NC i�^les eCs�w� or\ rro5t re,cer� `ncb �G� Aoa Previous Habitat Survey Conducted by DMF in 2015 Water's Edge Hampstead, NC Pender County Sheet 1 of 1 Modified 11/20/17 -?r000s iv ce\oce3e- ne,c- oF L ScJ\e ti''. LVL. JAN 16 2018 DCM- MHD CITY 11/30/2017 Gmail - Fwd: Waters Edge Project ^/ I M Gmaii Fwd: Waters Edge Project 2 messages Adam Knierim <adamknierim@gmail.com> To: Todd Skeen <tskeen1996@gmail.com> FYI Adam C. Knierim, M.S. President Maritech, LLC 108 Circle Drive Hampstead, NC 28443 Mobile - (910) 297-7710 Office - (910) 270-4058 Begin forwarded message: From: bushardt <bushardt@bellsouth.net> Date: November 30, 2017 at 8:10:35 AM EST To: Adam Knierim <adamknierim@gmail.com> Subject: Re: Waters Edge Project Reply -To: bushardt <bushardt@bel[south.net> Adam, The conservancy grants permission to use the dredge spoil island. Paula Bushardt, PE President Northeast New Hanover Conservancy Todd Skeen <tskeen1996@gmail.com> Thu, Nov 30, 2017 at 9:13 AM On Wednesday, November 29, 2017 6:57 PM, Adam Knierim <adamknierim@gmail.com> wrote: Paula, Hope all is well. I am writing to request an updated authorization for disposal site use in association with the Waters Edge Project located in Hampstead. We originally requested authorization back in 2016 (granted) for placement of approximately 1,000cy but NCDCM would like a more recent approval. Please give me a call if you have any questions or concerns. As usual, an emailed response will suffice for permitting purposes. Thanks again and talk to you soon. Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4058 RECEIA JAN 0 8 2018 DCM WILMINGTON, NC RECEIVED BAN 10 2018 DCM_ 8;'HD CIT-Y https://mail.google.com/maiVu/OI7ui=28ik=eO9fdb91058jsver—CS67NgUoRx4.en.8view=pt&search=inbox8th=1600d46be3126e558siml=1600d466cdc... 1 /2 A�) Rr�'kx \-� -0 \ � i FCEE av n, JAN 0 8 2018 DCM WILMINGTON, NC RECEIVED JAN 10 2018 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY January 9, 2018 Waters Edge Homeowners Association c/o Todd Skeen 1213 Culbreth Drive Wilmington, NC 28405 Dear Mr. Skeen: ROY COOPER 0,wrnor MICHAEL S. REGAN Seeman BRAXTON DAVIS n,Ad„ The Division of Coastal Management hereby acknowledges that on January 8, 2018, we received your completed application (with exception of the signed certified mail receipts) acting on behalf of the Waters Edge Homeowners Association, whereby you are requesting State approval for the development of property located at the southern end of Great Oaks Drive, adjacent to the Atlantic Intracoastal Waterway (AIW W), in Hampstead, Pender County. The projected deadline for making a decision on your permit application is March 24, 2018. 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 shouts 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 January 8, 2018, 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, Jason Dail Field Representative RECEIVED JAN 10 2018 cc: Doug Huggett, DCM Liz Hair, USACOE DC M- 11^ H D CITY Maritech LLC, c/o Adam Knierim, 108 Circle Drive, Hampstead, NC 28443 State of North Carolina l Envnoomental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 VV NoTl.(O*'$I?j CAMA PERMIT APPLIED FOR To relocate a 5-slip docking facility ., COMMENTS ACCEPTED THROUGFI-gbruary2, 2018 APPLICANT: W• ... Skeen 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 Jason Dail, Field Representative 910-796-7221 n9///q 2'1'-n05; 19:I4D3ADM;H�OGGUUE HILL JONES h L�nch FP.. ED 04 JUL -8 PH I: 10 ; 910 763 4985 BK2426PG248 i6YLL 61. S'r110LC01 REGISTER OF DEEDS PF.NDER COUNTY, NC STATE OF NORTH CAROLINA DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS COUNTY OF PENDER FOR WATERS EDGE AT DEERFIELD This Declaration, Made the 8th day of July, 2004, by UNIVERSITY GROUP, INC., a North Carolina corporation, hereinafter referred to as "Declarant" or "Developer" for the purposes hereinafter stated; WITNESSETH Whereas, Declarant is the owner of certain real property in Pender County, North Carolina, known as WATERS EDGE AT DEERFIELD, which is shown on a plat recorded in the Office of the Register of Deeds of Pender County, North Carolina, in Map Book 37 Page 133, to which reference is made for a more particular description (the "Property"). NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold and conveyed subject to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the following easements, restrictions, covenants, and conditions. ARTICLE I. DEFINITIONS In addition to other terms defined herein, the following capitalized terms shall have the following meanings as used herein SECTION 1. Additional Prooertv shall mean and refer to any lands, in addition to the above described Property, annexed to and made a part of the Planned Community. a 1: ::+< vr— SECTION 2. Allocated Interest shall mean the Common Expense Liability and t!gt��Bv�D in the Association allocated to each Lot. 1 JAN 10 2018 S:IW OJUUNIVGROUP-WATERSEDGEUIMMYSISLANDtI.CIDECLARATION-WATERSEDWDECOFCOVENANTS.DOC DCM- VHD CITY JqN Q g 20I8 xeoorded Verified Joyoe li. cegood Register 0 Deeds DCM WILMINGTON, NG Peuder Q20ty, NO 31 9;2,-05: 9:43AM:H000E HILL JONES :910 783 4985 i 3/ 32 PO `? BK2426PG249 SECTION 3. Association shall mean and refer to Waters Edge HOA, Inc., a North Carolina non-profd corporation, its successors and assigns, the owners association organized pursuant to the Act for the purposes set forth herein. SECTION 4. Boat Slips shall mean the 18 boat slips shown on the above referenced plat of the Community Boating Facility. SECTION 5. Boat Slip Certificate shall mean the Boat Slip Certificate in the form attached hereto as Exhibit B. SECTION 6. Common Elements or Open Space shall mean and refer to all lands and easements within or appurtenant to the Planned Community owned or enjoyed by the Association, other than a Lot, and intended for the common use and enjoyment of the Owners, Including, without limitation, any private roads and storm water facilities within the Planned Community. Any streets and roads shown on the above referenced plat as public shall constitute Common Elements until such streets and roads are accepted for maintenance by the NC Department of Transportation. All Access Easements and Public and Private Utility Easements, including but not limited to those over Lots 2, 3, 17 and 18 as shown on the above referenced plat, constitute Common Elements (but the Owners of said Lots may use their land for any purpose that does not interfere with such easements, including access to their Lots). The easements granted by Lanwillo Development Company by Deed of Easement recorded in Book 1946, Page 183 of the Pander County Registry (the "Deed of Easement"), as amended, constitute Common Elements and shall be maintained by the Association as provided in the Deed of Easement. SECTION 7. Common Expenses means expenditures made by orfinancial liabilities of the Association, together with any allocations to reserves, including but not limited to (1) the cost of irrigation for the Common Elements and (ii) the cost of electricity, water and irrigation for the Community Boating Facility (defined below) . SECTION 8. Common Expense liability means the liability for Common Expenses allocated to each Lot as permitted by the Act, this Declaration or otherwise. SECTION 9. Community Boating Facility means the riparian easement, the pier, the floating dock, and 18 boat slips as to be shown on the plat referenced in the preamble to these covenants and labeled "Community Boating Facility". The Community Boating Facility shall be for the exclusive use and enjoyment of the subclass of Class A Members designated and defined hereinafter as "Class A Members -Boating". The Association is obligated pursuant to this Declaration to operate and maintain the Community Boating Facility with the cost thereof being assessed only against the Class A Members -Boating as is hereinafter provided. 2 RECEIVED S:1W OJLWNNGROUP-WATERSEDGCUIMMYSISLANOLLWECLARATIQN-WATERSEDGEIDECOFCOVENANTS.DOC JAN 10 2018 JAN 0 8 2018 DCM- MHD CITY DCNi WILMINGTON, NC STATE OF NORTH CAROLINA COUNTY OF PENDER �(� a\d Qx \C ,b 3 11 � 01-14-2013 Pender County, NC f7eg4ster of Deeds Prevatte PROP page I of 2 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WATERS EDGE AT DEERFIELD This Amendment to Declaration of Covenants, Conditions and Restrictions, made the 07 day of December, 2012, by WATERS EDGE HOA, Inc., a North Carolina corporation; WITNESSETH: WHEREAS, a Declaration of Covenants, Conditions and Restrictions for Waters Edge at Deerfield has been recorded in Book 2426 at Page 248, Pender County Registry, and has previously been amended by instrument recorded in Book 3079 at Page 45, Pender County Registry (As amended, the Declaration of Covenants, Conditions and Restrictions for Waters Edge at Deerfield is referred to herein as the "Declaration"); and WHEREAS, the Declaration permits the Amendment of Declaration, ARTICLE XI, Section 5, except in cases of amendments that may be executed by the Declarant under this Declaration or by certain Lot Owners under Section 47F-2-118(b) of the Act, this Declaration to be amended by affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven percent (67%) of the votes in the Association are allocated; and WHEREAS, votes are currently allocated to a total of eighteen (IS) Lots; and WHEREAS, at a meeting of the members held on December 07, 2012, the Owners of thirteen (13) Lots (or 67%) voted in favor of a resolution NOW, THEREFORE, be it resolved that Article K Section 3 of the Declaration is amended to replace the first paragraph with the following: SECTION 3. Use Restrictions. The Community Boating Facility may not be used for more than 18 Boat Slips. Boats of 24 feet or less with no cabins or head are permitted. No gasoline sales or other commercial activity shall be permitted. No motor vehicles or boat trailers shall be permitted on site and access shall be limited to the Access Easements over Lots 2, 3, 17 and 18 as shown on the above referenced map. Notwithstanding the foregoing, motor vehicles may use the temporary parking spaces/drop-off area constituting a part of the Community Boa" Facility. In ad&4' ' `0 use JAN 0 8 2018 DCMI WIi.14INGTON, NC JAN 10 2018 DCM- IiHD CITY 01-14-2013 q11; LippPIL1111111 ggpwrovett*PW restrictions contained in this Declaration, the following use restrictions shall also apply to the Community Boating Facility: IN TESTIMONY WHEREOF, Waters Edge HOA, Inc. has caused this Amendment to Declaration to be signed in its corporate name by its President pursuant to the Authority of the Board of Directors as of the day ad year first above written. WATERS EDGE HOA, Inc. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ^T1,'�c:7 A^' 124 .est ' a Notary Public of the county and state aforesaid, certify tha amadon personally appeared before me this day and acknowledged the he is President of WATERS EDGE HOA, Inc., and further acknowledged the due execution of the foresoing instrumegI on behalf of the corporation. Witness my hand and official stamp or seal, this I o day of 3-'&n-0-" , 2013. E M. 8 Notary ubli �.` �G �+ �.� �O ttp '% #OTAq w 2 My commission expires: (SEAL) Z v8L STATE OF NORTH CAROLINA 0pFJ+ COUNTY OF NEW HANOVER 4i11114M111"kt������`p a Notary Public of the county and state aforesaid, certify that Michael Mac personally appeared before me this day and acknowledged the he is Sectary of WATERS EDGE AT DEERFIELD HOA, Inc., and further acknowledged the due execution of the foregoing instrw�ent on behalf of the corporation. Witness my hand and official stamp or seal, this 0 day of� l ,v,!,k , 2013. JAN 0 8 2018 \```\\pdWnunnnp�i Notary o (�6Aob`/Z y f _N P %DCM W1LMlpii 4-1 bED m JAN j 0 2018 9Y VBLIG �_\ DCP,4- A: HD CITY 10—•1-01; .-,IAIn;Hnoue I__ _111I 9; .FD PS OCT 25 PM 2: 15 !ul:,L M. SWICE&Otlb nEGiSTER OF DEEDS NDF? COUNTY. NC STATE OF NORTH CAROLINA COUNTY OF PENDER :vo wee •yes r < SK307 PG045 Reco Joycrdew d and Veri(i ed Siceg Register of Deeds Pender County, NC AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WATERS EDGE AT DEERFIELD This Amendment to Declaration of Covenants, Conditions and Restrictions, made the _21_ day of Qchbr_, 2006. by UNIVERSITY GROUP, INC., a North Carolina corporation, hereinafter referred to as "Declarant" or Developer", WITNESSETH. WHEREAS, a Declaration of Covenants. Conditions and Restrictions for Waters Edge at Deerfield (the "Declaration") has been recorded in Book 2426 at Page 248, Pender County Registry; and WHEREAS, in Article I, Section 9 of the Declaration, "Community Boating Facility" is defined as being shown on plat recorded in Map book 37, Page 133, Pender County Registry; and WHEREAS, the Community Boating Facility is in fact shown on plat recorded in Map book 42 , Page 80 , Pender County Registry, and WHEREAS, the Declaration permits the Declarant to amend the Declaration to reflect platting changes. NOW, THEREFORE, be it resolved that Article I, Section 9 of the Declaration is amended to read as follows: SECTION 9. Community Boating Facility means the riparian easement, the pier, the floating dock, and 18 boat slips shown on plat recorded in Map Book 42 , Page 80 of the Pender County Registry and labeled "Community Boating Facility". The Community Boating Facility shall be for the exclusive use and enjoyment of the subclass of Class A Members designated and defined hereinafter as "Class A Members -Boating". The Association is obligated pursuant to this Declaration to operate and JAN 0 8 2018 DCM `IWILMINGTON, NC RECEIVEW JAN 10 2018 DCM- NPHD C'T 1 I0-3I-06:i I:2IAM:NOOUE HILL JONES :910 763 460� IH 079PGO46 maintain the Community Boating Facility wrth the cost thereof being assessed only against the Class A Members -Boating as is hereinafter provided. Developer confirms that the Declaration, as hereby amended, shall remain in full force and effect. All capitalized terms used herein shall have the meaning defined in the Declaration. IN TESTIMONY WHEREOF. Declarant has caused this Amendmentto Declaration to be signed in its corporate name by its president pursuant to authority of Declarant's Board of Directors as of the day and year first above written. UNIVERSITY GROUP, INC BY IiI ✓�� ViceNyfesident STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER yrL(prrAtit. S77ArdAA) I, y-Ff �/t8rhi,s , a Notary Public of the county and state aforesaid, certify that A. V. SAFFO personally appeared before me this day and acknowledged that he is Vice President of UNIVERSITY GROUP, INC., and further acknowledged the due execution of the foregoing instrument on beh It of the corporation. Witness my hand and official stamp or seal, this _,?'L day of2006 Notary Public My commission expires: ' a k'--*./f (SEAL) VICTORIA M. STRACNAN Notary Pudic New Hanover County,NC DECLARATION-ALfNOIDOC m6 r yam+' 1�@p� "' y' Am D JAN 0 8 2018 DCM WILMINGTON, NC RECEIVED JAN 10 2018 DCM- MHD CITY MP�rs ro- �W .I � 1 v I 1 � I 1 I n 1 f � I \ I ji �J U Ui C-e > N 0 O W U Z LEGS ul �c. unm carom rw. I 1 I � W ao O N 0 m.s DO Ui O �55d� Z _ cl7#JM�nWITY IFo � Pclu-ry WAi '5EDGE Ir EWlrL-P - r.. �wi�rer�rv"�narit.�c u w ar.v.q• raeoun •a �_ � t /G��n �p )y, CIrSLN. R5 K ., � (Domestic Mail L rr 6 u m Poetepe M1 m CWtftd Fee C3 Reltim RecoM Fee cl (Endors°mem Repr�eq O Ressi°loo D.l." Fee 0 (Entlorsement Repuko M1 Q' Total P°stepe • Feee rU on 0alt our webette et www.usps.00m. Poslmertt Here l M1 ,r rU p m - - m Poe epe M1 : 1:3 Ce^.:'ea Fee Relum RecagtfM O(Erborsement PAq'h" Postmark Here Sest"ee Do%" Fee M (Entlmsemenl Repieo M1 Tole/ Postage ♦Fillies J $ 1 `° NeLL1S i3aTS d O M1 t3o-ew Avi-Ac:i---------------�%--------•-(----�--,-s 'n orposo,,tw,IV..... (�T TPl i tl --[------ 5�9n`. srcL-40aC S RED E� V ED JAN 0 8 20% DCM WILMINGTON, NC RECEIVED JAN 10 2018 DCM- M,HD CITY USPS Tracking Intranet (gyp` _ \X ',Z iE 1u Page 1 of 2 � P� HOW <!INIra.TTGTF3 Product Tracking &Reporting P`0,1 S,Wv�. Hobe Search Reports Manuel Entry Rates( PTR'EOW USPS Corporate Da:emhm na. m17 Commitments Accounts USPS Tracking Intranet Tracking Number Result ' V v On Sunday, October 22, 2017. the End of Day (EOD) report was re -enabled with no tracking numbers available. The End of Day report is intentionally providing data without tracking numbers. Please do not log a Help Desk ticket for this change. Thank you for your support. Result for Domestic Tracking Number 7011 2970 OM 7332 7594 Tracking Number Classification Classiservice Ciasslservice: Certified Mail Class of Mail Code/Descdption: -11 Unknown Destination Address Information Address: 3701 RESTON CT APT A City: WILMINGTON State: NC 543Igit ZIP Code: 26403 4-Digit ZIP Code add on: 6137 Delivery Point Code: 73 Record Type Code: Building/Apartment Delivery Type: Residential, CSU Service Delivery Information Delivery Date from AAU (Notification Delivery Dab): Thursday. 1113012017 PO Box: N Other information Service CalcubdioD nformation, Payment Weight: 0lb(s) 0 oz(s) Extra Services Extra Services Details --- — --on ------- -------------- Events - DELVERY STATUS NDT UPDATED Out FOR DELIVERY SORmNGFROCEBSVIO Location 1UoCo017 "N WILMINGTW system I NC 2UW GenxaM IV307017 ON ' WILMINGTON, Sysem NC 25403 Gen.." 1W=2017 W:U 4WWINGTDN, System !NC 28403 Generat" RECEIVED JAN 0 812018 DCM �Posdng Scanner Carter 08181 ID Routo �Timr.._, IN -- RECEIVED --------------- ------_-- N 10 2018 DCrol A!HD CITY fnrornadon z`1539 Request Delivery Record —---------- -__. In:w1] s]:to t Irla201) DISNOeban Camplde UW1D:ale6b1 'Oam:1a �p nn xoe wls Sao https://pts-2.usps.gov/pts2-web/tcIntranetTrackingNwnResponse?label=7011297000O0733... 12/4/2017 USPS Tracking Intranet Event; Event E3•ant Lxaron Event (Code lDate (Time; Ap�e�l;x \3 % 12 Iu •:nowt Scanner !Caller To°Posting �i Tame Ippher lnbmlatinn !Method IID Routs ,,,__.__. I I I i NC 26A03 : OBJ1:5] 'FAYETTEVIL lDela100W 11094201]: ENROUTFRROCESSED 10 11rz9201] 1321 NC 26302 DBCSO01 "My 104T:00 -, FAVETTEVILIE -_ Deefined b, 11292011 EWtOUTENROCESSED 10 1129201> 14:39 NG28]Ol SrsmM OBCSd16. I issy, 9K5 11M:13 IN TRANSIT TO NT 112912o17 0940 System, 112 017 DESTINATION __-._-_ .- _._ . ...- ___ --- Garwnled __—_-- man _._.._-_�___—_-_-_-_.__._.___ DEPART USPS EF 1128/Ml].20'AB RAlE1GH. NC Syslem IinsFl01T; Dibip" LaM ID M14 413371111711 FACWTY 27676 Generated : M06,34 -- 2e195614o30 .__--._.------- ENROUIENROCESSED 10 1112312017 1D52 1'!IC Scerewd C1056208 iDedkNOm WQ.39 T,. 27676O 2b 3999966 W"'NGTOTL :030311G553A .. IMD ---------- mNe by .._._.__. FORWARDED '.ce IWIM1] 10:33 NC 26iO3 12W17 wlxe- 8003C981 NOD UNDELIVERABIEAS WIWINOTON, tA351D80EA .Sunned by I1V13201T ADDRESSED 05 11113201T 1222 : NC n,103 S ned (lift.. roo. 111AA5 Gay lxmlen Dala AvO,W t4by- 5 ) ARRIVKATUNIT ':07 11/1Y2017 0522 MWINGTON. ScemeO ,PASS001 11]13201T NC 28Ao3 05:3T.]i PC/OF P.sas0n C9M IN TRANSIT TO ey+Nor 1111=1T: DESTINAnoN M I 11N2201T 092A tlalanua : mxds FAVETrEVIIAE.' !pays, t]n V201i j. Etmto NBOCESBED 10 11DIM1] 232a NC 20302 Stem - OBCfrUU1. '261W61S?] 2129:]] --. ` IN TRANSIT TO NT 11111201] 09:08 Symem 11I11209' OEBTINAnON G..IW OF lent j:. DEPABTUSPS EF 11/f0201T ismFAYETTEVILLE. system11flO201i DNpNN Label so M1441W 31111711 FAC9ITY NC 28302 G.Med te10a2 :101e 1247000 _ __------------ _. _... ._.. -._.._.. -._._._ - -t_ -_ _- - ----- _ . _ _ _ _ __- _ _.___----- Oea�10 ' ENROU]ENROCEBSED 10 11/td201T lose FAYETTEVILLE Svewd OBLS002 ! rNM 11I10/201i :. NC 28302 2U03513i]] Oa]]:H DEPART USPS EF 11/102017 0206 CHARLOTTE, $YAM 11110201]'.. Dlprrn ta9Al q: DslA lt]]21l]1T1 FACILITY NC 16226 Gen w 06.11:]] 1l050102001 ENROUIERROCEWED tO f1/09r•01i 23:1T NC�2022%E' Gosened DgS4 ,NN CO2S 22pa201i. up to 35 gems separated by commas. ------------ Select Search Type: Quick Search -- vI SUbm I Product Tracking 8 Reporting, All Rights Reserved Version: 18.0.0.1.1 JAN 0 8 2018 DCMI WILMIINGTON, NC Page 2 of 2 RECEIVED JAN 10 2018 DCM- MHD CITY https://pts-2.usps.gov/pts2-web/tcIntranetTrackingNumResponse?label=7011297000O0733... 12/4/2017 �Tq'�-%K �3 Water's Edge HOA C/O Community Solutions SE 1213 Culbreth Dr. Wilmington, NC 28405 Certified Mail — Return Receipt Requested 11/7/17 Michael Norris 3701 Reston Court, Apt A Wilmington, NC 28403 Dear Mr. Norris: Water's Edge HOA is applying for a CAMA Major Permit to relocate 5 docks along the Intracoastal waterway and then dredge to original depths that were present at time of initial dock construction. The specifics of the proposed work are in the enclosed application form and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. We hope you will not have any objections to this proposal. If that is the case, please check the appropriate boxes, sign, and return the application to our HOA in the attached, prepaid envelope. We hope to include your written consent in our CAMA application packet in order to speed up proceedings and permitting. As such, please return the signed document at your earliest convenience. If you have any questions on this project, please call me at 910 632 4847, or e- mail me at tskeen1996@gmail.com Should you have any objections to this proposal, please send your written comments to Michael Christenbury,127 Cardinal Extension Dr., Wilmington, NC 28405, within 30 days of your 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. Sincerely, -"k— Todd Skeen President, Waters Edge HOA REL Ca ' EIV ED' JAN 0 S 20% WILMINGTON, NC RECEIVED JAN 10 2018 DCM- MHD CITY Exhibit 1 (Current Location) 9�'�s � I 5l JAN 0 � r�ti-a1h V.rl4MI�G�Qt4\ C '3 ZS W ED CITY R ►`�x \3 �n C\ !1 I L) Exhibit 2 Water's Edge HOA Dock Facility Habitat Survey Legend SAV Presence 0 Proposed Modification Area Muddy Sand Sandy Mud Shell Bottom �)N `N01`)1NIWIIM N406 _J 1J SC '27 'PO Feel • $10Z RECEIVED �-23A1303d JAN 10 2018 W-� DCM- N HD CITY Exhibit 3 (Proposed Relocation) 4 VA Y IC \ yG +`*SDI q. G • >- ag ` V _ JQ 2 _ 1 g ~ DGM WILMINGTON,_,NC ., :w N , rs RECEIVED JAN 10 2018 DCM- MHD CITY Coats, Heather From: Todd Skeen <tskeen1996@gmail.com> Sent: Monday, April 02, 2018 3:12 PM To: Coats, Heather Subject: [External] waters edge Attachments: dock 2-17-18.pdf Hi Heather, Per our conversation a moment ago, I hereby authorize you to make changes to the MP-4 form previously submitted by Waters Edge to accurately reflect the new pier platform on our latest drawing (see attached for reference). Thank you so much for your help in all of this. I sincerely appreciate it. todd ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Water's Edge HOA located at the intersection of Great Oak Dr and Waters Edge Dr. between lots 2 & 3, on the AlWW, in Hampstead/Pender County NC. The applicant has described to me, as shown below, the development proposed at the above location. Please check the appropriate blank below. i/ 1 have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) See Attached WAIVER SECTION I understand that the proposed dock relocation must be set back a minimum distance of 15' from my area of riparian access unless waived by me. Please initial the appropriate blank below. k�- I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. I understand that the proposed dock relocation encroaches on my riparian corridor as owner of Lot 3, Waters Edge. Please initial the appropriate blank below 1� I do grant permission to encroach into my riparian corridor. I do not grant permission to encroach into my riparian corridor. (Property Owner Information) Todd Skeen, President Waters Edge HOA 1213 Culbreth Dr. Wilmington, NC 28405 910 632 4847/ (Adjacent Property Owner Info.) Randy L. Blanton 1247 Great Oaks Dr. Wilmington, NC 28405 910 540-7285/rlblantonl @gmail,com 12/12/17 �Aa-Z o - 1 7 Signature Date Signal Date* *Valid for one calendar year after signature* North Carolina e-County I, �a\jarvnc&\ , lQ , a Notary Public for said County and State, do hereby certify that Randy L Blanton personally appeared before me this day and acknowledged the due execution of the foregoing i strument. Witness my hand and official seal, this the go day of TeC—C 1 920 17. (Official Seal) Savannah MaPeake Notary Public, North Carolina New Hanover County My Commission Expires November 9, 2021 RECEIVED JAN 10 2018 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO DEC, 2 8 2017 Notary Public �c>f lX kk 0b 3� -) My commission expires DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT Current map of our docking facilities is illustrated in Exhibit 1. We propose relocation of the northeastern cluster of docks (containing slips 5-9) approximately 120' to the southwest, so that they join with slips 1-4. This would place all docks in a region free of SAV on the most recent habitat survey (Exhibit 2). Slips 5-9 would be connected in line with slips 1-4 in order to maintain the minimum 90' setback from the channel at all times (see Exhibit 3 for scaled drawing detailing dock relocation). The relocation is in the riparian zones of Lots 2 & 3. As the owner of record of Lot 3, we are seeking your written consent for the project. Dock relocation would be performed by Jimmy North of Coastal Marine Construction, a licensed contractor in the state of NC. Once docks (and boat lifts contained within slips 5-9) have been relocated, dredging to a depth of -3.92 NWL would occur at slips 1-9 along the AIWW. The dredging would be performed by Adam Knierim of Maritech LLC, a licensed contractor in the state of NC. RECEIVED JAN 10 2018 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC DEC 2 8 2017 "f ox � � n q 61 DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT Current map of our docking facilities is illustrated in Exhibit 1. We propose relocation of the northeastern cluster of docks (containing slips 5-9) approximately 120' to the southwest, so that they join with slips 1-4. This would place all docks in a region free of SAV on the most recent habitat survey (Exhibit 2). Slips 5-9 would be connected in line with slips 1-4 in order to maintain the minimum 90' setback from the channel at all times (see Exhibit 3 for scaled drawing detailing dock relocation). The relocation is in the riparian zones of Lots 2 & 3. As the owner of record of Lot 3, we are seeking your written consent for the project. Dock relocation would be performed by Jimmy North of Coastal Marine Construction, a licensed contractor in the state of NC. Once docks (and boat lifts contained within slips 5-9) have been relocated, dredging to a depth of -3.92 NWL would occur at slips 1-9 along the AIWW. The dredging would be performed by Adam Knierim of Maritech LLC, a licensed contractor in the state of NC. RECEIVED JAN 10 2018 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC DEC 2 8 2017 P\ � ,k 1 \ � 3 S Q -T Exhibit 1 (Current Location) a sa Y 1 ruJ V V � � I ,� . ♦ 146 W LJ /"llb s ♦4 14 JAN .� ♦ a- r,� CITY ♦ �3 \ ��fi I /'6 AM1A4lC"'•""'..cT- wuezw�Y ' JC. ` Y �G�ltll WI i GTON, NC Exhibit 2 Water's Edge HOA Dock Facility Habitat Survey Legend Safi Presence Proposed Modiftaaon area Muddy Sand Sandy Mud Shell Bottom 0 20 30 80 120 'CO FM CEIVED N 10 2018 NIND CITY RECEIVED DCM WILMINGTON, NO e, k 2 6 Water's Edge HOA C/O Community Solutions SE 1213 Culbreth Dr. Wilmington, NC 28405 Certified Mail — Return Receipt Requested 12/19/17 Dan Cantrell 4125 Winding Oaks Trail Lewisville, NC 27023 Dear Mr. Cantrell: Water's Edge HOA is applying for a CAMA Major Permit to relocate 5 docks along the intracoastal waterway and then dredge to original depths that were present at time of initial dock construction. The specifics of the proposed work are in the enclosed application form and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. We hope you will not have any objections to this proposal. If that is the case, please initial the appropriate boxes, sign in presence of a notary, and return the application to our HOA. We hope to include your written consent in our LAMA application packet in order to speed up proceedings and permitting. As such, please return the signed document at your earliest convenience. If you have any questions on this project, please call me at 910 632 4847, or e-mail me at tskeen1996@gmail.com Should you have any objections to this proposal, please send your written comments to Michael Christenbury, 127 Cardinal Extension Dr., Wilmington, NC 28405, within 30 days of your 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. Sincerely, )o4�— Todd Skeen President, Waters Edge HOA RECEIVE® JAN 0 8 20% pC:M WILMINGTON, NC VjECENED JAN 10 2018 pCM_ MI -ID CITY RECEIVED DCM WILMINGTON, NC DEC 2 8 2017 A(�)e,.D ,x \o PbZ2 r ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Water's Edge HOA located at the intersection of Great Oak Dr and Waters Edge Dr, between lots 2 & 3, on the AIWW, in Hampstead/Pender Countv NC. The applicant has described to me, as shown below, the development proposed at the above loc/A0y �Please check the appropriate blank below. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) See Attached WAIVER SECTION I understand that the proposed dock relocation must be set back a minimum distance of 15' from my area of riparian access unless waived by me. Please initial the appropriate blank below. I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. I understand that the proposed dock relocation encroaches on my riparian corridor as owner of Lot 3, Waters Edge. Please initial the appropriate blank below ✓4/ 1 do grant permission to encroach into my riparian corridor. I do not grant permission to encroach into my riparian corridor. (Property Owner Information) (Adjacent Property Owner Info.) Todd Skeen, President Waters Edge HOA Dan Cantrell 1213 Culbreth Dr. 4125 Winding Oaks Trail Wilmington, NC 28405 Lewisville, NC 27023 910 632 4847/ tskeen1996(aDgmail.com 336 692 9713/cantred2@rjrt.com _ 12/12/17 Signature Date Signature Da e* *Validfor one calendar year after signature` North Carolina Fot'S'm4 County I, &6"t b U r - 5 a Notary Public for said County and State, do hereby certify that Ra4pipb0spow personally appeared before me this day and acknowledged the due execution of the foregoing instrument. fitness my hand and official seal, this the ZZ day of D FCr-M aEQ 2017. (Official Seal) Dan �%,,S"%t'p's1%,, RECEIVED � APIr°yo } Air 8 s Notary Public 10 2018 $ DCM- IViHD CITY M commission expires PE21 VW , Y P rnn nm nnEIV DEC 2 6 2017 f:�4, 6-0x �5 3 9 6 DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT Current map of our docking facilities is illustrated in Exhibit 1. We propose relocation of the northeastern cluster of docks (containing slips 5-9) approximately 120' to the southwest, so that they join with slips 1-4. This would place all docks in a region free of SAV on the most recent habitat survey (Exhibit 2). Slips 5-9 would be connected in line with slips 1-4 in order to maintain the minimum 90' setback from the channel at all times (see Exhibit 3 for scaled drawing detailing dock relocation). The relocation is in the riparian zones of Lots 2 & 3. As the owner of record of Lot 3, we are seeking your written consent for the project. Dock relocation would be performed by Jimmy North of Coastal Marine Construction, a licensed contractor in the state of NC. Once docks (and boat lifts contained within slips 5-9) have been relocated, dredging to a depth of -3.92 NWL would occur at slips 1-9 along the AIWW. The dredging would be performed by Adam Knierim of Maritech LLC, a licensed contractor in the state of NC. RECE1VED JAN 10 2018 DCM- VIHD CITY DCM WECEIVED ILMINGTON, NO DEC 2 8 2017 vjI�I Exhibit 1 (Current Location) h IA DMA I'#lLAT 0, rQN, NC DEC 2 8 2017 . ,. - .. _.. .._.. _ - , �., , -- -. ,. �... a %X ,) Exhibit 2 Water's Edge HOA Dock Facility Habitat Survey Legend SAV Presence ® Proposed Modification Area Muddy Sand Sandy Mud Shell Bottom C 20 40 60 120 1.80 Feat CEIVED JA N 10 2018 M- MHD CITY RECEIVED DCM WILMINGTON, NC DEC 2 8 2017 I W U > N wO z L Q e xores i. =ttn�ra xores i. =ttn�ra ,Want �M� � � = °^"• I— �, � mum a a� a�i.�aai �M�1kAr �i YI� MOi lYrlED p _ i � I � I � s .i .0 ¢rnnat na nLm[ m xcw Ya a h if raeem¢aromreo � I � 3 \ �.pew K we l et 3 I \ t7OM FACILITY "A" I WA1'elZ' 5 EI�Gr AT t7EE��I�Lb � � / .S r � ,J' •9 ""rOPI a&�tinl,,�O`rro�ivm�oaa�o-vmm W Proposed Modificatiane l l/9//7 Waters Ed ar LAW ¢: e '1 6e wrrae ar�swfl�p+i� o: N.3 Ham stead. NC covxrM.2s or s k'"o 6� i YK9 R1TPfC9, r y, l�@! -PLS SU Pender County o",'o W. GP�o 'K 'SCALE: 1"=84 ^ I Y Sheet t of l Ala lej's l ,a, a SENDER: COUPLETE fHh, SECTION e m �N • Canplete hems 1, 2, and 9. A iattrs • name and addrm on reveres nthat-we /' ❑ so ream the cam tur o YOU. ( 1 �— ❑ Amreeeee Ad&e _PACOM ■ Attach this card to the back of the nmipiece, B. by !Jame) C. Date a DalWay or on the front H space permhs.. i'i o I i S 6 A'�S d'j 1. AMD Addretbed to: MIS d*my eddmw Neerem Aom Item 1? ❑ Yea n Ca 13 6p i So -.1 If YES. NYWr dMhwy addrew Wow, ❑ No llo �i 41AJS COVE l4,qmpt'sM.,,4 a, I'4-IC II I III ICI I I I I I I I 111 II II I I I I I I I I �'l l 3 Se wce 7ypB ❑ P W y Men geese IHI �I 9590 W3 1008 5271 0903 29 00 AAdA ei�p*" Reet tM DQwy o R�tded Mal RwiMed 0 o-oned MWe ❑ CWMW MW RsseblW DWvwy ❑ Rstae Rswlpi for ❑cobot m Dohwy MerMeMlee 7-4dktlaNumhaz CQOI MD*my NWgW Dewy 0ft�CortFinatlm- 7011 2970 0000 7332 7591 WR.WbldW.y 0a slo�cDMhwyy"" to PS Forth 3811, J01y 2o15 PsN 7530-02-DeD-6063 DmesUo Ret= Receipt IVD DCM WI MIN TO , NC JAN 12 2018 RECEIVED JAN 17 2018 ®CM- MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Water's Edge HOA located at the intersection of Great Oak Dr and Waters Edge Dr between lots 2 & 3 on the AIWW, in Hampstead/Pender County NC. The applicant has described to me, as shown below, the development proposed at the above IOC2tion. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) See Attached WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Info.) Signature Signature* _Todd Skeen, HOA President _Hollis Batson Print or Type Name Print or Type Name _1213 Culbreth Dr. _110 Captain's Cove Mailing Address Mailing Address _ �;�rvED _Wilmington, NC 28405 4GTON, N.0 _Hampstead, NC 28443 City/State/Zip ,� 1 2 20t8 City/State/Zip _910 632 4847/ tskeen1996@gmail.com_ Telephone Number / email address _11/7/17 Date (Revised Aug. 2014) `Valid for one calendar year after signature* _910 270-0866/ Telephone Number / email address 11/7/17 Date* ECEIVED JAN 17 2018 DCM- MHD CITY Dail, Jason From: Todd Skeen <tskeen1996@gmail.com> Sent: Monday, January 08, 2018 4:41 PM To: Dail, Jason Subject: [External] Re: Waters Edge HOA CAMA Major permit modification - 33-17 TION: External emalf. Do not click finks or open attachments unless verl$ed$end a`�i"suspj'cfous ema►i as'aKattat'FhYent tao MEL gov. _� W Hi Jason, Thanks so much for all your help on this. The first 3 proposed changes are great; please make the changes on my behalf. The 4th change should not be made in my opinion. Although there are 5 slips being relocated, there are only 4 boat lifts present. Slip 5, which is the southernmost slip on the northern cluster of docks, has no boat lift. Thanks again for all your help. todd On Mon, Jan 8, 2018 at 8:43 AM, Dail, Jason <lason.dail@ncdenr.sov> wrote: Good morning Todd. As we discussed last week, there are several minor deficiencies in the application package, and with your permission, I'd like to amend/revise to save you some time and effort driving here on icy roads to address. If you are in agreement with the proposed changes, please reply and let me know so we can move forward with processing. The revisions are indicated below. • On the MP-1 Form, Section 5.(f.), you have 10,380 sq. ft. as the total submerged land disturbance; however, the dimension of the dredge footprint (158' x 74') total 11,692 sq. ft. I'd like to change the number on the MP-1 Form to 11,692 for consistency. • On the MP-2 Form, Table for Excavation and Fill, I'd like to combine the dimension of boat the "access channel" and "boat basin" to put the total under the Boat Basin section. This would include 158' x 74' under the "Boat Basin" section, thereby eliminating any confusion about the creation of an access channel leading to the boat basin. • On the MP-4 Form, Section 1(c), I would like to revise to include only 1 dock (which is the spine) at 6' x 110'. Currently, you have 9 docks listed as proposed with a length of 150' x 30' in width. The revision would cover the main portion of dock being relocated and not the finger piers which you have listed elsewhere. • On the MP-1 Form, Section 1(f), you have 4 boatlift proposed; however, the drawings show 5. With your permission, I'd like to change to 5 proposed. If you have any question about the comments above, please feel free to give me a call. I'll be in the office all day. RECEIVED Thanks, JAN 10 2018 Jason DCM- hfHD CITY Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221,Fax: 910 395-3964 Jason. Dail @ncdenr. gov i 'Nothing Compares. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED JAN 10 2018 DCM-1VHD CITY 2 J Dail, Jason From: Dail, Jason Sent: Tuesday, December 12, 2017 8:26 AM To: 'Todd Skeen' Subject: RE: [External] Waters Edge CAMA Major Good morning Todd. Sorry I missed you yesterday afternoon. I tried to call again this morning before leaving for the field, but couldn't get you so I thought I'd write a quick email. As a follow up to my last email regarding the notification and waiver from Mr. Blanton and Mr. Cantrell, I was finally able to get a verdict from Doug Huggett on what we need to process the application package for Waters Edge HOA. Doug has asked that we get a written agreement signed by all parties that clearly defines the proposed project. The document should reference the fact that not only would the proposed dock relocation encroach into the 15' riparian corridor setbacks, but it would also extend into the riparian corridor of the adjacent property owner(s). Both neighbors will need to agree to "waive" and allow an "encroachment". Further, it wouldn't be a bad idea to have this notarized just for safety sake. The language in the signed waiver forms you provided is close, but near the end of Mr. Blanton's letter you indicate all docks would "not be in the riparian zone of lot 3", which is not true. After closer look, the lines you have on the drawings labeled "lot 2 riparian" and "lot 3 riparian" were cross sectional notes to the original pier/dock. These are not the riparian lines and should be taken off all of the drawings. Please provide new/revised drawings along with the other requested information. I'm going to hold onto the package so whenever you get the info above, please give me a call and let me know it's on the way. As always, if you have any questions you know where to find me. Thanks, Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7111, Fax: (910)395-3964 Jason. Dail @n cd enr. ao v �---�Nothing Compares- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. r 17AVED JAN 0 8 2018 RECEIVED JAN 10 2018 OCM WILMINGTON, NC DCM- IVHD CITY From: Todd Skeen [mailto:tskeen1996@gmail.com] Sent: Tuesday, December 05, 2017 2:20 PM To: Dail, Jason <jason.dail@ncdenr.gov> Subject: [External] Waters Edge LAMA Major mail. Do not click OWks or open ait-t— lments unfss verifl - plcious email as an attach HI Jason, I dropped off our application package today. Can you please confirm receipt when you are back in the office? Thanks todd 9ECENE') JAN 0 8 2018 ,)CIO" WILMINGTON, NO RECEIVED JAN 10 2018 DCM- MHD CITY 9 A' e(, %y S , �! \ P 1 STATE OF NORTH CAROLINA DEPARTMENT OF JUSTICE R.oy COOPER P.O. BOX 62S) Ruiz ro: MARL' L. txcAssE ATTORNEY GENERAL 1WYJO1,, NC 27602 ENVIRONMrxim. Dn7s1ON TEU (919) 716.6962 FAX: (919) 716-6767 mlurnssc@twcdoj.gov December 22, 2016 Christ Blake, Registered Agent Certified Mail/Return Receipt Reauested and Water's Edge Homeowners electronically cblakeecummunitysolutionse.com Association, Inc. and 2108 Capital Drive, Suite 102 mikejmacl RiUmail.com Wilmington, NC 28405 Re: Variance Request for Coastal Area Management Act (CAMA) Permit, CRC-VR-16-10 Dear Mr. Blake: At its November 30, 2016 meeting, the Coastal Resources Commission granted Petitioner Water's Edge Homeowners Association, Inc.'s request for a variance. Attached is a copy of the final agency decision signed by the Chair of the Coastal Resources Commission. Prior to undertaking the development for which a variance was sought, you must first obtain all necessary permits and/or variances including a CAMA permit from the local permitting authority or the Division of Coastal Management. If for some reason you do not agree to the variance as issued, you have the right to appeal the Coastal Resources Commission's decision by filing a petition for judicial review in the superior court as provided in N.C.G.S. § 150B-45 within thirty days after receiving the final agency decision. A copy of the judicial review petition must be served on the Coastal Resources Commission's agent for service of process at the following address: General Counsel Dept. of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If you choose to file a petition for judicial review, I request that you also serve a copy of the petition for judicial review on me at the address listed in the letterhead. If you have any questions, please feel free to contact me. Sincerely, RF OEIVE® 4 / AVA-t, RECEIVED JAN 0 8 2018 L. Lucasse Special Deputy Attorney General and JAN 10 2018 r�CM W ILMINGT®N NC Counsel for the Coastal Resources Commission DCM- NIHD CITY Christ Blake, Registered Agent December22, 2016 Page 2 cc: Frank D. Gorham, III., electronically Stephen D. Coggin, electronically Christine A. Goebel, Esq. electronically Braxton C. Davis, electronically Mike Lopazanski, electronically Angela Willis, electronically JAN 082018 OCWd WILMINGION. NC (RECEIVED JAN 10 2018 DCM- AfjHD CITY Coastal Management aNV1aONMfMiK W,LLRY March 6, 2017 Water's Edge HOA 2108 Capital Dr., Suite 102 Wilmington, N.C. 29405 Dear Sir or Madam: L\ ROY COOPER C,,.N,. MICHAEL S. REGAN Selreton BRAXTON C. DAVIS 0,.e 1, o9 co s47 The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will he helping to protect our vitally important coastal resources. ~ Sincerely, IY JAN 0 8 2018 YDgim nC',yd! WILMINGTON, Nc Major Permits Manager N.C. Division of Coastal Management Enclosure RECEIVED JAN 10 2018 StwotNorth CaroMs EmtromentYQdRYICoaal�l AYNpemera Di.IM� MHO 1..i� 1 Morehead Cky Mom ; 400 Comaac AM reh I Morehead City, NC 25557 252 mazwe (A p0" tx z �-.y Permit Class NEW (BY CRC VARIANCE) STATE OF NORTH CAROLINA Department ol'Envircrimental Quality and Coastal Resources Commission Vern't too X Major Development in an Area of Envirotunenial Concern pursuant to NCGS 113A-1 18 Permit Number 33-17 _ JX Excavation andor filling pursuant to NCGS 113-229� r eS Issued to Waters Edge Homeowners Association, 2108 Capital Drioe, Suite 102, Wilmington, NC ie4t6 Authorizing development in Pender Count% at AMAkand topsail Sound, at southern terminus of Great Oaks Drive as requested in the permittec s application dated 5,14 I5. includ attached drawings (4), Sheets 1-4, all dated W27. 15. This permit, issued on March 6. 2017 is subject to compliance with the application (where consistent with the permit). all applicable rcgtdaiions. special conditions and notes set forth below. Any violation of these terms may he subject to tines. imprisonment or cixik action: or may cause the permit to he null and void. Excavation 1 t In keeping with the Variance granted by the Coastal Resources Commission (CRC) on November 30, '010. and the Order signed by the CRC Chairman on December 22. 2016, the depth of excavation ;hail not exceed -3.9_2 feet below the normal water level. In no case shall the depth of excavation exceed the depth ol'cunnecling waters. 2) Unless altered by the requirements of Condition No. 1 of this Permit. all excavatiot apl�p- entirely within the areas indicated on the attached workplan drawings. hR't' 0.t C� 11 GG i,,J 10 2018 L. ..... (lice attached sheets for Additional Conditions) This pernia action may be appealed by the permittee or Signed by the authority of the Secretary of DFQ and the other qualified persons within twenty l'_U i days of the issuing Chairman of the Coastal Resources Commission. date. This permit must be accessible on-sitc to lkpatment .'Ie 1/ , All �,, / personnel %%horn the project is inspected for compliance ( _ Braxton C. Dat i5. Director Any maintenance work or project modification nk No rcr' hereunder requires further Division approvai Ir Division of Coastal Management v pp All work must cease when the permit expires on )aw Q 2�1'This permit and its condition are hereh} accepted. December 31. 2020 OC itri ipllLKIIhit::,'d010, )NC In i„uma this perm. the Slate of North Carolina agree% that yuur project is consistent with the North Carolina Coastal Management Program. Signature of Permittee P:, 3 LA Waters Edge Homeowners Association Permit No. 33-17 Page 2 of 3 ADDITIONAL CONDITIONS Spoil Disposal 3) All excavated materials shall he confined above normal water icvcl 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. Maintenance Clause d) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of each dredging event authorized by this permit. and such notification shall include: A. The number of the original permit. R. A statement that no dimensioned changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the method to be utilized for dredging and the area to be used for spoil disposal. and the estimated amount of material to be removed. D. The location of any known SAV beds within the project area. F. The date of map revision and the pennittec's signature shown anew on the original plan. RECEIVED General JAN 10 2018 -) The perntittee understands and agrees that. if future operations by the United State s removal, relocation. or other alteration of the structure or work authorized by this �r or t in' f c C opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the pennittee shall be required, upon due notice from the Corps of Engineers. to remove relocate or alter the structural work or obstructions caused thereby. without expense to the United States or the state o1 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. 6) 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. 7) In order to ensure compliance with the conditions of t4is permit. the permittee and his contractor shall schedule a pre -construction conference with & Division of Coastal Management prior to the initiation of any dredging or mobilization activities. JAN o a 2018 8) This permit does not authorize ampermanent or long-term interference with the public's right of access and -or usage ofall State lands and watervc,m wiLkimc,'ION, N 9) Prior to the initiation of any development activities authorized by this Permit, the permittee shall obtain all required permits or authorizations from the N.C. Division of %Water Resources and the t1.S. Army Corps of Engineers, and copies of all such permits shall be provided to the Division of Coastal Management. Waters Edge IlomeoNners Association Permit No. 33-17 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: this permit does not eliminate the need to obtain any additional state, federal or local pennits. approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the authorized project SAW-MB-00506C2004- 00494. NOTE: The Division of Water Resources assigned the proposed project DWR Project No.?0040337%2. 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 A'ater Resources. 1A14 0 a N18 I>C.t�, MJlLIJ1tI3Ya1�31�Y., CVCr RECEIVED JAN 10 2018 DCM- rViND CITY n" 21 Wafer Resources ENVIRONMENTAL QUALITY March 9, 2017 Waters Edge Homeowners Association Attn: Michael Mac and John Corkrum 2108 Capital Drive Suite 102 Wilmington, NC 28405 Subject: REQUEST FOR ADDITIONAL INFORMATION Waters Edge HOA Boat Dock Dredging project, Hampstead Dear Messrs. Mac and Corkrum: ROY COOPER finerury MICHAEL S. REGAN S" Iu S. JAY ZIMMERMAN DWR q 2004-0337 v3 Pender County On January 18, 2017, the Division of Water Resources (Division) received your application dated January 12, 2017, requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. On February 16, 2017, Liz Hair with the U.S. Army Corps sent an email requesting three items. The Division is also requesting these three items be provided to the Division for review: a. A Submerged Aquatic Vegetation (SAV) survey within the project area to determine accurate impacts to the SAV and SAV habitat; b. Discussion on avoidance and minimization of adverse impacts to the SAV. Include why the docks cannot be realigned or combined to minimize impacts to SAV; c. A compensatory mitigation plan for any unavoidable impacts to SAV. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending two (2) copies of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complsfe ap hyatiop package and the appropriate fee. JAN 0 8 2018 RECEIVED JAN 10 2018 al-M WILMINGTOW NC, SuteaMorth Carolina I EmironmelYli)wlity I Water Resources DCM- hfHD CITY 1617 Mail Service Cenler I RaklRh NoM Camliw 27699-1617 91Y 807 6300 � Q� tv4 tic -1 n -I � t DWR # 04-0337 v3 Request for Add Info Page 2 of 2 Please be aware that you have no authorization under Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Karen Higgins at 919-807-6360 or karen.higgins(@ncdenr.gov or Jim Gregson at 910-796-7386 or jim.gregson@ncdenr.gov if you have any questions or concerns. Sincerely, eJe O. Poupart, Chief Water Quality Permitting Section cc: Adam Knierim — Maritech LLC, adamknierim@gmail.com — electronic copy Liz Hair — USACE—Sarah.E.Hair@usace.armv.mil -electronic copy Heather Coats — DCM Wilmington — electronic copy Jason Dail — DCM Wilmington — electronic copy Robb Mairs —DWR WiRO DWR 401 and Buffer Permitting Unit File Copy RECEIVED JAN 0 8 2018 r,tV WILMINGTON, NC File Name: 040337v3WatersEdgelPenderj_401_HOLD RECEIVED JA N 10 2018 DCM- APHD CITY ��pwa'01 g -\n I � y On June 2, 2017 @ 10:00 AM, Robb Mairs and Curt Weychert performed a site evaluation of the Water's Edge HOA Docking facility. To avoid a denial from DWR, a suggested modification of the configuration of the docking facility was proposed. The proposal is to completely remove and relocate the eastern floating dock and attaching it to the western floating dock. The following is a summary of the specific and overall areas that were investigated. General Site Conditions: Upon arrival, the tide was slack low at a NOAA reported height of 0.02 ft above mean lower low water (MLLW). The water was turbid with a visibility of no less than 1' with a cloudless sky and the sun overhead. Methods used were a visual presence/absence when water depths allowed, and a rake to scrape the bottom and look for evidence of leaves, shoots or rhizomes. Only living SAV was considered in presence/absence surveys. A fiberglass measuring tape was used, along with field notebooks and digital photographs. Eastern Docking Facility: The eastern docking facility was characterized by a muddy -sand bottom type and was at least 8" shallower than the western docking facility. There was a presence of both patchy, sparse and dense grass beds around the floating docks. There was dense eel grass (Z. marina) along the northern and eastern perimeters of the floating docks. Within the slips, there was only grass present to the north of the pilings suspending the boat lifts. The grass in these areas was primarily Eel Grass with few sprigs of Shoal Grass (H. wrightii) present in the beds. Along the western slips and pier of the floating dock there wasn't a presence of grass and the sediment type transitioned to a muddier consistency ^20 ft to the West. Western Docking Facility: The western docking facility was characterized by a shell bottom type and averaged — -2' at low tide that day. While there was a presence of Codium sp. and other macro -algae found all around the floating docks and pier, there was no grass species identified. Proposed Modification Area(s): The length of the existing eastern docking facility was estimated to be 60' in length, so an area running 60' to the NE of the western docking facility was investigated. There was no grass found in the entire area and only a few masses of Codium. The area bottom type was a combination of shell with soft mud. The mud was soft enough that if one were to stay stationary for 30 seconds, a suction would form around the foot and make it difficult to move. There was a possibility that the applicant was looking to split the modification onto both sides of the existing dock, so a 30-ft. area off the other side of the dock was investigated and no seagrass was found. JAN 0 8 2018 wILMINGTON, NC RECEIVED JAN 10 2018 DCM' MH® CITY � P6 -�) � Lk Water's Edge HOA Dock Facility Habitat Survey Legend SAV Presence Proposed Modification Ams Muddy Sand Sandy Mud Shell Botkwn R 717CEIVED JAN 0 8 2018 -�wM WILMINGTON, NC 0 20 40 80 1"a 180 Feet e RECEIVED JAN 10 2018 DCM- IUHD CITY Water's Edge HOA Dock Facility Habitat Survey Legend Ski Presence 0 Proposed Modtficaton Area Muddy Sand Sandy Mud Shell Bottom 1AN 0 8 2018 DCM WILMINGTON, NC c :c se ao Feet JAN 10 2018 DCM- IVHD CITY Water's Edge HOA Dock Facility Habitat Survey Legend SXV Presence Proposed Modification Area Muddy Sand Sandy Mud Shell Bottom 0 10 20 40 00 -.7 ="I )AN 0 8 2018 ILMINGTON, NC • AM RECEd"q� JAN 10 2018 DCM- MHD CITY WL- Coastal Management ENVIRONMENTAL QUALITY January 9, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: Water's Edge HOA / Pender County Hello Angie: Please publish the attached Notice in the Friday, January 12, 2018 issue. ROY COOPER Governor MICHAEL REGAN Secretory BRAXTON DAVIS Director . ..The State Office of Budget & Management requires an original Affidavit of Publication prionto 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: Heather Coats - WiRO Doug Huggett - MHC Liz Hair- USACE Sarah Young- DCM Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance RECEIVED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 JA A �Y I y 1 O 2018 910-796-7215 DCM- Mwn ri-ry 01 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On January 8, 2018, Water's Edge HOA proposed to relocate an existing docking facility and perform excavation around the docks within the AIWW, at the southern terminus of Great Oaks Drive, in Hampstead, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7221 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 February 2, 2018 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JAN 10 2018 State of North Carolina I Environmental Quality I Cowtal Management D C M - M H D CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: 11VOW Fee: $ `i 9-a CDAITS MHC cc ✓ Applicant: AMA, -Mg - Agent/Contractor: Project Site County: Ponder Staff: Jason Dail District: Wilmington Project Name: w A-ii. Rover File: n/a River Basin: Initial date of application submittal: Date appliption "received as complete" in the Field office: j SITE DESCRIPTION/PERMIT INFORMATION ORW: Ye o I PNA: ❑Yes No Photos Taken: Yes rX1N Setback Required (riparian): es ❑No Critical Habitat: ❑Yes o Not Sure 15 foot waiver obtained: es ❑No Hazard otificabon Returned: ❑Yes A No SAV: Yes ❑No of Sure Shell Bottom: ❑Yes No Not Temporary Impacts: es ❑No Sure Sandbags: []Yes o ❑ Not Sure Did the land use cl ssificefion come VkYes ❑No Mitigation Required (optional): []Yes 00 from county LUP: Moratorium Conditions: Environ ntal Assessment Done: Dyes No El NA Length of Shoreline: L Yes ❑No ❑NA .�/. —Development Shellfish Area Designation: Project Description: (code) Area: (code) P Z 3 1 Ope -or- Closed • SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (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 akemiflora) cynosuroides) ❑ (DS) Salt or spike.grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(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 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major VIV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 I II(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 — RECEIVED Major development extension request - II. 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 DWQagreement-$400 CM- MHD CITY Date: j/f /it 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 S New WoOn apiece f (Dhl— Mainl ❑ Y❑ N Ip F5 *3 Replace Z/ � Mai ❑ N V f 6 � - New Work Replace !'= '3 l 3 Maint ❑ Y ❑ N NewWorkjS Maint ❑ Replacte,/ ❑ KIN N I �O , �L R New Work Maint ❑ Replace EfY (XN New Work ❑ Replace Maint ❑ ❑ Y ❑ N .. .. ... _ New Work El 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. FL 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 temp impacts) impact amount) temp impacts) amount gDredge AFill ❑ Both ❑ Other ❑ 1 Dredge ❑ FiW Both ❑ Other ❑ CM- Dredge ❑ Fill ❑ Both ❑ Other (165 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ rb - Dredge ❑ Fill [IBoth ❑ Other ❑ cCD O Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733.2293 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: 10/12/06 MAJOR PERMIT FEE SC,H DULE PA/ � J Development Type Fee DCM % DWR % 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 II Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4097 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 4097 See attached can be applied. $400 10U% $400 vole !$0 III(C). If General Water Quality Certification No. 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWR concurrence is needed because of concerns related to water quality or aquatic life $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 4097 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 V and/or open water areas: / $475 60% $285 40% $190 iAN 10 2018 DCM- MHD CITY Date Dat Check From Name of Permit Vendor Check Check Permit Rct. # Received a Holder Number amount Number/Comments Dep osit ed 1/3/2018 Todd Skeen/Waters Waters Edge Park 1719 $475.00 MP 33-17 major JD rct. 542-1 Edge HOA HOA Sterling modification PnCo Bank SQL-k'f R p } y} F Fr o0 s o N O T iC �� Q 21549' WATERS EDGE AT DEERPIEO — MAP BOOK _• PAGE N475E'05' 2593' v w v 3 \ I I NOTES - I j 1 7, TYj15 MAP WAS NOT PfiFP/Rcn FOR PcCCIPDATnu CONVEYANCES. OR SALES PURPOSES. 2. PROPOSED DOCK FACILITY DOES NOT EXCEED fT 1/4 OF THE WATER BODY WIDTH. �c 3 3. ALL ELEVATIONS ARE RELATIVE TO NGVD '29. �• E ENATION I _2.0 o y1 t` {Y ^yAS 0� b M� �7hy ih "v 1 _A I ,ryhh 'ry9y + + nL 6 x 10 I `2-6 zor\ c� cA �heF��� �' jbin s\�pS S gh 1 c{� by •LM '.y e� ryry yb yy 41 by q� Pik g � 9 + FI.OA7ING +\ 1 .16 NW6' wart a MA KLE T0-5 y1 - yh ll�ya 1h '11yb 5 b y 9 '1159 0 + + + \+ + + + t + + + + 2� yJ �, JAN 0 8 2018 RAMP t2OCK FACILITY ''A" FOR WA1S F,PGF-: A-r f2E-:� F-�rp-rIE L,P j TOPSAIL TOWNSHIP PENDER COUNTY NORTH CAROUNA fL+rJ SCALE: 7'- E0' MARCH 3. 2003 `,g4�a88vvvva83A�� rcR f. ry^b �yry y� 19y ^^1,�����5•�GAPO�✓,IIMMYASrwcvwAv-� JAN 10 LUId i4 •�'� • • • • ea O rsSB/o ✓ / I.MIN0110N Nc 25403 Proposed Dredging Footprint Water's Edge Hampstead, NC Pender County Sheet 1 of 1 11/20/17 L. . I�urAINArzr : SEA ? r L-3267 NOT" P0t2 rC0F07ATl jN ;9 CONVEYANCE50e-�'9 ?Os �!. SALES I�LA�O.JEs. '.,...:;�.•. '� `,�'Q 4t) W.O' DCrA- IVHD CV SCALE: 1 "=60' I 53515'25'E 215.41r WATERS EDGE AT MERRELL) 4 MAP BOOK_. PAGE -1 `22 Jet\ Ca(7ACeX\ P11 v v INS S.aa' N425.9 E V I I I I MARSH v v 383.01' �► 3 avAVCN I a g l(L0' Nu) e I -RAMP<: 7 I ? 3I C n - 5 n 9ti by tiR + + + + +' 24• A f — =)w M AI 'a 'a _ + F10ATINC OOIX 3 \2 NO I- NOTES: 1. THlS !!AP WAS NOT PRFRIRED FOR RECORDATION, CONVEYANCES. OR SALES PURPOSES 2, PROPOSED DOCK FACILITY DOES NOT EXCEED 1/4 OF THE WATER BODY MOTH. I3. ALL ELEVATIONS ARE RELATIVE TO NCVD '29. y b b ' '�' it ,vh I .P � yt titi ph bb y;a yp 0'S y� 9h yb .1h bh ry} b O 9 6 RECEIVED JAN 0 8 2018 AMW \ R16Nr0 mklm —A T=jTS-3 0 \ UCM WILMINGTON, NC u,P / by/^p by -'15 p0} aa^ b�^ bry^ h0M '71\ M1P p^9 p 1 ti Existing Conditions 11/9/17 Water's Edge Hampstead, NC Pender County Sheet 1 of 1 ATW wart a MAP= TSa S VOCK FACILITY "A" Port WATr--f2' 5 rP(5iF, AT 5E-�Cl2�IF-�LP TOPSAIL TDBNSHIP PENOER COUNTY NCR01 CARIXINA SCALE 7-n 50' MARCH A 20003 `�9i�essaeaasaaoA� Port RECEIi `�'. .. �� CAP<) A,.JIMMY,5 151-ANP INC + + + + : =C:Ag�s$/pZ,y LMINGfo[J.Nc 2840* JAN 10 2018 i ?�9 ; o sz.�exo roe Aran or E I e SEAL < ; _ _'rLM PrrurVvNAvzv a a r L-3267 �; 1 NOi P012 I COt�Afl4N :92 �O; ` : s+Al . 3/,�i7 CONVEYANCSrS O!2'�y�7s11R`I�:' °iJ'�'JOC'G-W'WC1..�,"I'I.S I'C� `" ES pLA3'0 5. mid°.......... °a5 00 .,QS NGRIH hIIm 9fl�Cf - ,,;<,D w C;1%P YF ; T SCALE: 1 "=60'' 1m' 9' 0 rA4 c91o3 rn-Pisa IN S351V25'E 215.49' \ oc�c� �kQq_1 3� WATER5 EDGE AT DEERMELD— MAP 1500K _, PAGE ILvk_j' �2' N4> se cal `-✓Aft �GL�\���6\ N424�2•34-E I— � � I IV MARSH i E RJ Pi 0 - I I NOTES 1. TH!S MAP HIAS NOT PREPARED FOR RECORDATION, - 3fi3.01' CONVEYANCES• OR SALES PURPOSES I 2. PRCPOSEQ DOCK FACILITY DOES NOT EXCEED 1/4 OF THE WATER BODY INDTH. a 3 a ALL ELEVATIONS ARE RELATIVE TO NCVD '29. E EVATCH I C I �y4' q � �•r � � �1'� � � �b� m� k �'y�, ry^6 i"�ry6 �ry0h �99� ��1' �� ��y � I v I P _ p 1 CQ .yg ryp ,�O n4 �� ba titi Qb b0 + +. + L � \ AIfAV \ TRlAFM is-1a —A s� AAW warn a MAlwat T&8 Ti.��� 0 a b 1h h0 �A g1 99 09 1h yb hh 1b 1� O9 PAP "•>' 9m ph + + + FL.OA- + + + + + + + + + + + + + + + Iv + TING DECK 2 •�� \ \ 1 PA IP / 41 1, M1' \ \ MOCK FACILITY ''A'' JAN 10 2 I:oR WA�I�1S �i�Gr A-" f���prIF-:L,I E TOPSAIL TOWNSHIP PENDER COUNTY NORTH CARCIJNA '' scALF. ra eo' MARCH 3, 2ao3 1ti ,�9a�eaafvvvfa�ff� POR h .•' �......H CAP, pt '3.,,JIMMY' 5 ISLAND INC �v� r'-'v+_ �m ery •; oh ,^ .•� ' +� m9rwocv Rom - � zlz k� ll + + + + =so p�9 S3 M�iU � 2�e•�o5 DCM Wlltvllpl IV Proposed Modifications 11/9/17 _ SEAL. c" 6_ y r,. BAN 0 8 L� ,a Water's Edge mmt-IMINAI2Y ° :r L-3267 Cc. a ' ) NOr P0121�COIa7A'FLPjN :v,� �0.41 5. r 3/3/a- I•vi WILMIf.'l- .` Ham stead, NC coNveYAr lc s ox'y s •., o 0 0 p 5ALB5 PLMA 0�5. 'y i °• �3Ur'1U..' �Oo.'i tNEL'L VTI CO t'L51'C> C tf l Pender County �a�s04Dw ONF;9;� w �r'+,NO� SCALE: 1"=60' / . EtddE09S3gg22! PHONVIC910) rn-91b Sheet 1 of 1 u my,(00) TM-91e 2w NC Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS fh1 ,Ior TO: State and Federal Review Agencies: USACE (Liz Hair), NCDCM/DMF (Curt WeychertVWR(Robb airs), Doug Huggett MHC FROM: Jason Dai DCM - Wgt THRU: Debra Wilson y' DCM - Wilmington DATE: January 24, 2018 RE: Waters Edge HOA c/o Todd Skeen CAMA Permit Application Revision The Field Investigation Report (FIR) for the subject project was circulated on January 9, 2018. The scope of work proposed in the initial application package included the relocation of 5 existing slips (5-9), as well as new dredging around the combined 9-slip facility. Through the multi -agency permit review process, concerns were raised by the US Army Corp of Engineers Navigation Section regarding the location of the proposed boat lifts and pier support pilings. Specifically, the re -located boatlift and pier support pilings were shown (on plat) to encroach within the 90' federally maintained channel setback. Based on these concerns, the applicant has provided a set of revised plans (dated revised 1/24/18) that depict a shift in the proposed 5-slip facility. The new design would eliminate any/all encroachment into, or beyond the 90' federally channel setback. However, the relocation of the proposed floating dock would result in the addition of a new 6' x 12' section of floating dock spine. This additional dockage would be needed to connect the existing docking facility (slips 1-4) to the proposed facility consisting of slips 5-9. Additionally, the modification would alter the dredge footprint, and increase the total yardage of dredged material from 853 to 872 cubic yards (+/- 20 cu. yds.). Based on surveys and aerial imagery, expansion of the dredge footprint does not appear to include any areas of SAV. Lastly, the applicant's contractor has provided a stat�ne4f of co en , indicating that no spoils will be disposed of and no ingress/egress will occur within the y orp of Engineers Easement located within disposal island DA-228. Please make note of the revisions and if you have any questions concerning these changes, pRleasev fy free to contact me at (910) 796-7221. R E l.. E I V � D Slam of North Cmduti Eiv Ext., it ingliry Coastal e� ID JAN 3 1 Z018 127 Cardinal Drive Ext., Wilmington, NC 28405 V ',,•- , • _ ,��,- 91979672i5 jlrtON l�L Ceft\J605 ryv"'� DCM- MHD CITY Dail, Jason From: Adam Knierim <adamknierim@gmail.com> Sent: Wednesday, January 24, 2018 3:09 PM To: Dail, Jason Subject: [External] Waters Edge FO ION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to t. s pa m@ n c. g o v. Jason, Hope all is well. I wanted to follow-up on our phone conversation concerning the Waters Edge Project in Hampstead. Per our conversation, we do not intend to use or access any portion of the disposal area within the USACE easement boundary for the project. Please let me know if I can provide any further assistance. Thanks again and have a great week. Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4058 RECEIVED JAN 3 1 2018 DCM- WAD CITY 1 1T 5\ 1 y\;e2 i i I 1%,L 3.06' 3.disl IS65 1 1-1 'A z. as.3 YL 3 2S•b tiu ul.." I'('-U 36 " 1 C\ �lvaex \c I I I i i i 1,2a6 I \.33- Sca\e..- 50JfG MS"nl.W 31�5�� S\�� \ c\ \\ a>d 5 �.ves. \\�\\I\� o�ts•�e 5\�s 5-c\ 3gti 412co�d c. �y J�slea to \070 oeszCve g iL.i RECEIVED RECEIVED JAN 31 2018 JAN 2 4 2018 ",CM- MHD ClWM WILMINGTON, NC ���\\�\� pG• s\;45-a' . l NOTES: SM1521 &4B'S,l898' '02'E 26'E 1, THISyAP ItfdC NOT P1?Foll;Fll FOR PCOOPtJ ATlW. p, sea.m' CONVEYANCES, OR SALES PURPOSES. 2. PROPOSED DOCK FACKJTY DOES NOT EXCEED 1/4 OF THE WATER BODY WIDTH. _ C 3. ALL ELEVATIONS ARE RELATIVE TO NGVD '29. ELEYAMON I C 3 Z i\y� i�9, 'ry9h fhy /99y ��1ry �, ,rlp'ah' �ry!i' ���S 1 �ry!L + + + + + <+ + 1 + + + + + i + + + 1 WATER5 EDGE AT DEMELD MAP BOOK _, PAGE I / — a I ro - MARSH 3I < I N '- - - 53� E eAC rn h a C�� ry 1 CP hh ^(\n..�{`\�1 �✓�\ �'I �49 kY �19 �'4' �1 �1 h_—• 'It l6' h i N4T4734'E �+— 25.93• + + + + + a + i �.- + + + + + + + + + v v n ,p 6 x is he {� jbin s\gip; Z ANWV wGHT Cr WX N AA'ZK T93 s N' i + AMW FUGMT Or WAY MAP= 7s5 p9 yh RECEIVE© \ JAN 2 4 2018 DCM WILMINGTON, NL 6y/,0 ry� -17 Oef ad'` 67� hry1 yQf },\ ry6y 0.,9 ,(, �0 ,1 r� 1ry M1 c�bn �� aaiNY 30i \ t2ocK cILIIY IIAII \, w6 V'Zv ��?�. WA7r--pS 1,i�)Gr-, A-r f��F_pr-IL;L fP TOPSAIL TOit MIP PENDEft CWNTY NORM CARD INA \ 6 SCALE 1 - E0' MARCH X 2003 `aaaeasaoaveas�e�� Port RECEIVE y ,%' %A CAP 0 '.,,JIMMY' 5 15LANP INC 19y ,^�� o% (h• •,•f..e,. ';%Y i iq_C4 EA -AWOOP W, V - ATE 02 0 =o,.fr�SS/p2.`N�LMINQrON, SIC 2540M JAN 3 1 2018 r� N Proposed Modifications ' a SEAL s �. Water's Edge Nor mi-� Ar_N i9 L-3267 MHD Rw a , 3J Hampstead, NC j C®NVHYANGE5 ox ,-- //��-/.S'Ii;I✓="b0.NOC 5 PCB Pender County Sheet 1 of 1 �dPn,w4A W.CP %-' WLMNOCK a ao< "m ti' SCALE: 1 "=60' E,Z tld^3ugg0a rA1G C910)-M-911 ..� _l 539'1`5'7E•E 215.48'_ 1�-l'7C, ice` 0 WATERS EDGE AT DEMEM MAP BOOK _, PAGE a 02 - N 25.93' v P } MON -10 � I 4 a " 0.0 � /9� �� '1. MARSH 7 NOTES: f. Tti!S MAP WAS NOT PPEP IRLD FOR REC-CROATIOM - + CONVEYANCES, OR SALES PURPOSES. I 2. PROPOSED DOCK FACILITY DOES NOT EXCEED 1/4 OF THE WATER BODY WIDTH. I3. ALL ELEVATIONS ARE RELATIVE TO NCVD '24. " opy %fr %p %}py ^b I 98457� � py y0 y9 yp 9S \ AMW \ RRSROrW —A Mee MAR + NW,A, RIGHT Cr WAY MARK$ Te �'� `Lh 0.6 Q�h ,.�O' 1,�9 by1 y9h b60 h�9 \by ry'� 1b ,gyp 09 h5 .sh 99 ph + + + + 4 + + \+ + + + + + + + + \ \ RECEIVE® \ 5� JAN 2 4 2018 MMP / DCM WILMINGTQN, NC W 6y/,p .�O '1h yR >� 5° tit p4 1" 6y 1°' 'i 9p �"� ^i• ')^' YL fOR .y. p. g. 1. �O• ,�a\mob• %�(• %�h' %�`+' �% gip' %4r %+i Y %} %^i. %1,. �vAI r-, \rGrCVKfL'rAI E�,GILAIT-Ir' VAE-::II r-, �P- C E�- L- L/7 TOPSAIL TOWNSHIP PENOER COUNTY NORTH CAROUNA e`��pea54saoPy;�e'A POR - � •� CAp,� ',y.11MMY'S 15LANt7 INC nf•••.. L!1 El�STtAK"t. (7 ROPt7 - �JprE ZIZ ssid °.9LNJNGfGN. Nc �a�rn JAN 31 2018 IV Proposed Dredging Footprint Water's Edge / Hampstead, NC Pender County of 1 Sheet 1 ` a/'0"s v + NIPW AF rF SEAL C M- N1 HD Cl' NOrci2 COla7ATIF,.�N T t� :9 po CONVEYANCES O� y '•,°Q e yG e - SALB51'LRa'0�5. ..:U�,.Ov o •iae r.�m THea'slr.H~r ed� pe CjDCWuc y � SCALE: 1 "=60' IOT ST it 0 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑PublidGovemment ®Private/Community []Yes ®No �t u c. (i) Dock(s) and/or pier(s) 11g �j $ d. (i) Are Finger Piers included? ®Yes []No (III Number $ I / If yes: (iii) Length 4%`- 1 (ii) Number 3 (iv) Width -_V1 b (iii) Length 24' (v) Floating ®Yes ❑No (iv) Width 6' (v) Floating ®Yes ❑No e. (i) Are Platforms included? ❑Yes ®No f. (i) Are Boatlifts included? ®Yes ❑No If yes: If yes: (11) Number 4 (ii) Number 4 (iii) Length (iii) Length 12' 6" (iv) Width (iv) Width 12' 6" (v) Floating []Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 0 (relocated) ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 9 ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 9 ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of sking: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: 21' m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 16 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout e`er IS C k P 4 4 i Gill n to th general public? JAN 082 ® q,y DCM WILMINGTON, NC JAN 10 2018 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaglement.net revise: 2 I Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (n) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. When: will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? REGOVED k. Describe design measures that promote boat basin flushing? Y I. If this project is an expansion of an existing marina, what types of services are currently provided? " C E I V E � 2018 in. Is the marina/docking facility proposed within a primary or secondary nursery area? Uf ❑Yes ❑No QCM WILMINGTON, NC 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 w Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to 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 ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublicrGovernment ❑Private/Community III) Number (ii) Length IN) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NNW, NAIL, or wetlands c. Maximum distance beyond NNW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) e. Arc of the swing _ Dc:rul wrR IAjNGTON. rvr 7. GENERAL VQP18 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanavement.net i revised: 12I27106 Vf" Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines <15' Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body 55V e. (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. N/A b. Proximity of structure(s) to adjacent docking facilities. 223' to north, 20W to south d. Water depth at waterward end of structure at NLW or NWL -1.99 NWL & OTHER ❑This section not applicable a. Give complete description: We propose relocation of the northeastern cluster of docks (containing slips 5-9) approximately 120' to the southwest, so that they join with slips 1-4 (Appendix 9). This would place all docks in a region free of SAV on the most recent habitat survey (Appendix 8). Slips 5-9 would be connected in line with slips 1-4 to maintain the minimum 90' setback from the navigation channel at all times (see Appendix 9 for scaled drawing detailing dock relocation). The relocation will be in the riparian zones of Lot 2 & 3. We have obtained their written consent for the project (Appendices 10 & 11). We sent project notifications to adjacent landowners Batson and Norris. Written consent was obtained from Mr. Batson (Appendix 12). We were unable to reach Mr. Norris via certified return receipt mailer to address listed on Pander County Tax records. The USPS confirmed that Mr. Norris no longer lives at address of record (3701 Reston Ct. Apt A) and has left no forwarding address (Appendix 13). As such, we have no method to reach adjacent property owner Norris. Please note Mr. Norris has never voiced any concerns or objections on previous applications submitted by our HOA. He owns a lot (110 Great Oak Dr.) adjacent to our neighborhood and would not be directly or indirectly affected by our project. Dock relocation would be performed by Jimmy North of Coastal Marine Construction, a licensed contractor in the state of NC. Once docks (and boat lifts contained within slips 5-9) have been relocated, dredging to a depth of -3.92 NWL would occur. The dredging would be performed by Adam Knierim of Maritech LLC, a licensed contractor in the state of NC. Dredging details can be found on enclosed maps showing dredging footprint (Appendix 14), calculations of estimated dredging volume (Appendix 15), site map with disposal location (Appendix 16), detailed map of disposal site with limits of spoil deposition (Appendix 17), and written permission to use the disposal site (Appendix 18). 12/4/17 Date Water's Edge Dock Relocation and Dredging Project Name Todd Skeen pplil4h Applicant Applicant Signature Signnaaturee AAAM44R� JAN 0 8 2018 6t')N, NC JAN 10 2018 E)C;M- �P.Hn CITY 252-808.2808 :: 1-888-4RCOAST :: wvuw.nccoastalmanagement.net revised: 12/27/06