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HomeMy WebLinkAbout71-16 Channel Walk & Shoreline HOAPermit Class NEW ' STATE OF NORTH CAROLINA Department of Environmental Quality ' and Coastal Resources Commission Vermft for l" X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 71-16 Issued to Channel Walk & Shoreline HOA, Inc., PO Box 791, Wrightsville Beach, NC 28480 Authorizing development in New Hanover County, adi. to Lees Cut, at 199 Driftwood Ct., Wrightsville Beach as requested in the permittee's application dated 3/22/16 (MP-Q, 3/23/16 (MP-2), incl. attached workplan drawings (2), 1 of'2 dated 2/23/16, and 2 of 2 dated 3/23/16. This permit, issued on July 1, 2016 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead 1) The bulkhead shall be constructed immediately waterward of the existing bulkhead and shall in no case extend more than 2 feet waterward of the existing bulkhead at any point along its alignment at the time of construction. :2) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 3) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the g6alified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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 father Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxtoi i . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee k-.-. „Channel Walk & Shoreline HOA, Inc. p's Permit No. 71-16 Page 2 of 2 i,.. ADDITIONAL CONDITIONS 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. k< ` ' _5) The bulkhead shall be constructed prior to any backfilling activities. 4. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill.materials through the structure. 7) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or 3, other suitable materials approved by Division personnel. 8) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control r.'. -;:"9) . In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. ;10) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed t,. immediately landward of the bulkhead cap immediately following completion of backfilling activities. General .11) 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. 1'2) The permittee and/or his or her contractor shall meet with a representative of the Division prior to r project initiation. NOTE: )= NOTE: NOTE: C --NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The pennittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 97-1015v2. The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit 197800080 (Action ID No. SAW-2016-00961), which was issued on 5/23/16. An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Channel Walk & Shoreline HOA, Inc COUNTY: New Hanover PROJECT NAME: Channel Walk Bulkhead Replacement LOCATION OF PROJECT:199 Driftwood Ct, adjacent to Lee Is Cut, in Wrightsville Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-05-16 / FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Robb Maiirs DISTRICT MANAGER REVIEW: L.0 B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 4-22-16 / . 11 /ADJ. RIP. PROP NOTICES RECD: I 11 bL• lec _3 "W6 APPLICATION ASSIGNED TO: s C) 75 DAY DEADLINE: C1I I 1p MAIL OUT DATE: 4-20-16 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400/#4068 ootilo),/ END OF NOTICE DATE: 5-13-16 DEED RECD: ON: 150 DAY DEADLINE: STATE DUE DATE: 5-13-16 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative / N (I a 1� 0Jmc-44 Coastal Management - LUP Consistency Ir ( S/l (p / Division of Community Assistance Lia W1 Ip Land Quality Section (DEMLR) ZS V Division of Water Resources (401) % p.. Storm Water Management (DEMLR) to State Property Office S (, ( to / Division of Archives & History Is i a l to / Division of Environmental Health Division of Highways — R E C E i a"- Wildlife Resources Commission APR 2 2 Z016 Local Permit Office q ( (e 6,Y44f oAf Division of Marine Fisheries / DCM u )i _� c 4S to Corps of Engineers trz Recommendations for State Permit - Channel Walk & Shoreline HOA, Inc. 4/2012016 It is the staffs recommendation that the proposal to fill Coastal Wetlands and constructs new vinyl bulkhead waterward of an exsting timber bulkhead is INCONSISTENT with the Rules of 15 NCAC 71-1.0205 (d) Use Standards for Coastal Wetlands which states "suitable land uses shall be those consistent with the management objective in this Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere ° The applicant is proposing to fill approximately80 sq. ft. of Coastal Wetlands, which appears could be avoided by replacing the 40 LF section within the same alignment. It is the staffs recommendation that the construction of a new vinyl bulkhead waterward of an existing deteriorating timber bulkhead are CONSISTENT with the Rules of 15 NCAC 71-1.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures states "the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of an area eroded in the year priorto the date of application, to align with adjacent bulkheads, orto mitigate the unreasonable hardship resulting from unusual geographic or geologic features". The proposed alignment would be into the existing bulkhead to the east and is necessary to avoid impacts resulting from disturbance of the existing deteriorating timber bulkhead. It appears that the proposed impacts to Coastal Wetlands could be avoided in the approximately 40 LF return on the most western end of the property based on previous permitting on this property. lt is recommended that the any permit issued shall include a permit condition that this section of the bulkhead along the most western end of the property shall be replaced within the existing alignment to avoid impacts to coastal wetlands, and include standard permit conditions for shoreline stabilization. RECEIVED APR 2 2 2016 DCM- NIHD CITY MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Channel Walk & Shoreline HOA, Wrightsville Beach — New Hanover County Date: June 15, 2016 Consisteuev Determination vk., ` This project is consistent with the 20Q5'Wrightsville Beach lLand Use Plan update. . The applicant proposes to construct 630 linear feet of new vinyl bulkhead located waterward of the existing deteriorating timber bulkhead. The project is located at 199 Driftwood Court, adjacent to Lees Cut, in Wrightsville Beach, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are CW, ES, EW and PT. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2005 Town of Wrightsville Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation/Resource Protection. In general, the Town of Wrightsville Beach allows development in Conservation/Resource Protection classified AECs which is consistent with the State's minimum use standards. The Town of Wrightsville Beach Land Use Plan contains some policies, which exceed the State's minimum use standards including those for piers and marinas. However, none of these more restrictive policies seem to be applicable to this project. This project is consistent with the 2005 Town of Wrightsville Beach Land Use Plan. Cc: File Coastal Management ENVIRONMENTAL QUALITY April 20, 2016 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance PAT MCCRORY G,, na,Y DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Ulrenor 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/D & FApplication Review Applicant: Channel Walk & Shoreline HOA, Inc. Project Location: 199 Driftwood Ct., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co. Proposed Project: to replace an existing deteriorating bulkhead with a new vinyl bulkhead 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 May 13, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. 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 MrK Z n^ (j ) DATE y / / I I / l G Received APR L 6 1016 �Nothtng Compares' State of North Carolina I Environmental Quality I Coastal Management DCM 127 Cardinal Dnve Ext., Wilmington, NC 28405 910-796-7215 a Coastal Management ENVIRONMENTAL QUALITY April 20, 2016 MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director =cE�vE APR 2 1 2016 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa().ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/D & FApplication Review Applicant: Channel Walk 6 Shoreline HOA, Inc. Project Location: 199 Driftwood Ct., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co. Proposed Project: to replace an existing deteriorating bulkhead with a new vinyl bulkhead Please indicate below your agency's position or viewpoint on the proposed project and refute this form talfea~ Corns at the address above by May 13, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 \ DATE RECEIVED DCM WILMINGTON, NO APR 2 5 2016 �/ Nothing Compares State orNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive EM., Wilmington, NC 28405 910-79&7215 PAT MCCRORY Governor a; DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Coastal Management CDENRID ENVIRONMENTAL QUALITY RECEIVEDIN WIR April 20, 2016 APR 10 W6 MEMORANDUM: Water Quality Regional operations Sonalcp Off ce TO: Chad Coburn Wilmington Reg1 401 Wetlands DWR-WiRO / NH Co. FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heathercoatS(CDncdenrOOV Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/D & FApplication Review Applicant: Channel Walk & Shoreline HOA, Inc. Project Location: 199 Driftwood Ct., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co. Proposed Project: to replace an existing deteriorating bulkhead with a new vinyl bulkhead 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 May 13, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. (/l' 1d.L& wY: ,, O( O 3 : C cL REPLY: This agency has no objection to the project as proposed. 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 DATE p ("Ib6// (a RECEIVED OCM WILMINGTON, NC JUN 0 7 2016 Nothing Compares% . State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Water Resources ENVIRONMENTAL QUALITY June 3, 2016 Channel Walk & stone Line HOA Mr. Scott Overholt P.O. Box 791 Wrightsville Beach, NC 28480 Subject Property: Channel Walk Bulkhead Replacement PAT MCCRORY �ia�'emar DONALD R. VAN DER VAART Sv rrlury S. JAY ZIMMERMAN New Hanover County DWR Project: 97-1015v2 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Overholt, Ararinr You have our approval, in accordance with the attached conditions and those listed below, to impact 0.002 acres (80 square feet) of 404 wetlands and 0.03 acres (1,260 square feet) of open water in order to construct 630 linear feet of new vinyl bulkhead as described within your application received by the Division on April 20, 2016. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). 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: http://portal.ncdenr.ora/web/wq/s_pw /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 of wetland or 150 linear feet of stream, compensatory mitigation may be 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: This approval is for the purpose and design described in your application;,1The 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 ydu may be required to submit a new application package with the appropriate fee. If the„property,is,,sold, the neNkLegg'giust-bet' DCn4 WIL10INGTON, NC Stale of North Carolina I Environmental Quality I Water Resources JUN 0 7 2016 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 Channel Walk Bulkhead Replacement New Hanover County 1997-1015v2 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 { 15A NCAC 02H .0501 and .0502). 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. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric 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 specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 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 construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6 Continuing Compliance: The applicant/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 a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] t 1 Q kyy f.i 7 1 4 . fh �j 4 P' t !.u�'(S ✓ C. tdd. eh _`xti Ca PF + �, �yl s� t I A T s N, RECEIVED DCM WILMINGTON. NO JUN 0 7 2016 Channel Walk Bulkhead Replacement New lianover County 1997-1015v2 All mechanized equipment operated near surface waters or wetlands will be regularly inspected 'and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (aoo) e58-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 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 hours 15A NCAC 02H.0502(e). 10 Certificate of Completion Upon completion of all work approved Within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://Dortal.nedenr.ora/web/wq/swp/ws/401/certsandpeni its/Upl /fy orms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are fmal and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form maybe obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours Monday through Friday between 8:00 am and 5:00 pm, excluding official state 411 a}�) ' "1 ff ry RECEIVED DCM WILMINGTON, NO JUN 0 7 W6 Channel Walk Bulkhead Replacement New Hanover County 1997-1015v2 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH Within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 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 Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdettena ncdenngov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Coburn@ncdenr.gov. Sincerely, �/}� Jim on, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Mark Clements — Clements Marine Construction, Inc., 112 Circle Drive, Hampstead, NC 28443 Tyler Crumbley - USACE Wilmington Regulatory Field Office Heather Coats — DCM Wilmington WiRO r RECEIVED DCM WILtAINGTON, NC JUN 0 7 2016 Water Resources ENVIRONMENTAL OVALITY DWR Project No: Applicant: Project Name: PAT MCCRORY Go ww DONAI,D R. VAN DER VAART N vn✓,, S. JAY ZIMMERMAN 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I,. , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water i Quality Certification and Buffer Rules, the approved plans and speciTcatior5s'and other supportinj: materials. ' Signature: Date: { t`� RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality l Water Resources JUN 0 7 Z016 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 l PAT McCRORY {> Governor DONALD R. VAN DER VAART Secretary Energy, Mineral& TRACY DAVIS Land Resources Director ENVIRONMENTAL QUALITY September 15, 2016 Mr. Scott Overholt Channel Walk and Shore Line HOA P.O. Box 791 Wrightsville Beach, NC 28480 Subject: EXEMPTION Stormwater Project No. SW8 971027 MODIFICATION Channel Walk Bulkhead Project New Hanover County Dear Mr. Overholt On April 20, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on April 28, 2016 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of storrwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scwtt@ncdenr.gov. Sincerely, � � � �� For Tracy E. av�s, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: \\\Stormwater\Pemrits & Projects\1997 \971027 Exemption\2016 09 permit 971027 cc: Clements Marine Construction, hrc. New Hanover Building Inspections Shaun Simpson-DCM WIRO �s DCM Morehead City RECEIVED Wilmington Regional Office Stormwater File SEP 2 S 2016 State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources �,^� Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington NC 28405 DCM—MHVram, CITY 910 796 7215 ,ov PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Coastal Management t ENVIRONMENTAL QUALITY RECEIVE® April 20, 2016 MEMORANDUM: APR 2 2 2016 TO: Tim Walton DOA STATE PROPERTY Dept of Administration OFFICE State Property Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coatscDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /D & FApplication Review Applicant: Channel Walk & Shoreline HOA, Inc. Project Location: 199 Driftwood Ct., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co Proposed Project: to replace an existing deteriorating bulkhead with anew vinyl bulkhead 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 May 13, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ` This agency has no comment on the proposed project. I This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED W aA%d- &A_,Uj n DATE RECEIVED DCM WILMINGTON, NC Nothing Compares_ State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fat., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY April 20, 2016 MEMORANDUM: TO: FROM' SUBJECT: Applicant: Project Location: Proposed Project: 1 Renee Gledhill -Early Dept. of Cultural Resources Archives & History 2 T016 j PAT MCCRORY ..p�t}r}� LD R. VAN DER VAART w n" D�ii�i`t �� �trrclmv BRAXTON DAVIS Dmo, A.. S'tl_ 116 Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heathercoats@ncdenr.gov Fax: 395-3964 (Courier 04-16-33) J CAMA / D & F Application Review Channel Walk & Shoreline HOA, Inc. 199 Driftwood Ct., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co. to replace an existing deteriorating bulkhead with a new vinyl bulkhead 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 May 13, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: }� This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. A.This agency objects to the project for reasons described in the attached comments. SIGNED `�� �� DATE ✓ �7 ' ilC� Received MAY 1.9 2015 - >"Nothing Compares? ,_ DCM MAY 31 2016 State of Nenh CVWma I Eovv mmriaf QmfigyI CwrW Management 127 CM&W Dme Ent , W ihuingkn, NC 214105 9100 4215 DCM- MHD CITY v17A Gig PAT MCCRORY Govemor Coastal Management ENVIRONMENTAL QUALITY April 20, 2016 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Uneaor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /D & F Application Review Applicant: Channel Walk & Shoreline HOA, Inc. Project Location: 199 Driftwood Ct., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co. Proposed Project: to replace an existing deteriorating bulkhead with a new vinyl bulkhead 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 May 13, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 DATE I j I ho c r�� a1 Jhp�Ko� Vi,��l Received APR 2 ) 1016 Nothing Compares_ DCM State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 "; 1 SOO, PAT MCCRORY Governor ttt- �,a Coastal Management ENVIRONMENTAL QUALITY April 20, 2016 MEMORANDUM: TO: Ben Hughes NC DOT New Hanover County DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director APR 2 2 2016 NC DOT D1SMCT3 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heathercoats(a-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/D & FApplication Review Applicant: Channel Walk & Shoreline HOA, Inc. Project Location: 199 Driftwood Ct., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co. Proposed Project: to replace an existing deteriorating bulkhead with a new vinyl bulkhead 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 May 13, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. R 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 cagency oobjects to the project for reasons described in the attached comments. SIGNED A L DATE t-JLZ-Z/ZntG. RECEIVED DCM WILMINGTON, NC k!AY 02 2516 Nothing Compares�- State of North Carolina I Environmcntal Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-7%-7215 PAT MCCRORY Governor 1y- ,a Coastal Management ENVIRONMENTAL QUALITY April 20, 2016 MEMORANDUM: TO: Maria Dunn NCWRC For WiRO DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenr.pov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / D & F Application Review Applicant: Channel Walk & Shoreline HOA, Inc. Project Location: 199 Driftwood Ct., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co. Proposed Project: to replace an existing deteriorating bulkhead with a new vinyl bulkhead 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 May 13, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. VThis 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 "al. 1, _ DATE `F 25 - RECEIVED DCM WILMINGTON, NC MAY 0 2 2016 Nothing Compares.` State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 kw PAT MCCRORY Governor ;.S Coastal Management ENVIRONMENTAL QUALITY April 20, 2016 MEMORANDUM: TO: Zach Steffery LPO Wrightsville Beach DONALD R. VAN DER VAART Secretary BRAXTON DAVIS D,r clor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/D & FApplication Review Applicant: Channel Walk & Shoreline HOA, Inc. Project Location: 199 Driftwood Ct., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co. Proposed Project: to replace an existing deteriorating bulkhead with a new vinyl bulkhead 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 May 13, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. ` REPLY: This agency has no objection to the project as proposed. 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 .irC.tiG�s DATE Sr/Z.-7 //6 P,e GO(^A toAn.4 CI'.w n�Je6: M•s* ac .. l;c.�s..t 4tn.�. f Go +i.�l� RECEIVED ¢.y;4.Q0M WIUv1lNGTGN, NC - (j„IKh,.d Mv>,k b< cerN;f.rl yr ,+ 4 .. -rm-+3 APR 29 2016 6-,*t-"-+ p` Nothing Compares- 5 sue" State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Exr, Wilmington, NC 28405 910-796-7215 P Coastal Management ENVIRONMENTAL QUALITY April 20, 2016 MEMORANDUM: TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather, coats(cDncdenroov Fax: 395-3964 (Courier 04-16-#) SUBJECT: CAMA/D & FApplication Review Applicant: Channel Walk & Shoreline HOA, Inc. Project Location: 199 Driftwood Ct., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co. Proposed Project: to replace an existing deteriorating bulkhead with anew vinyl bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats tat the address above by May 13, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has n0 00gobjection to the project as proposed. This agency has uTi 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 DATE RECEIVED DCM WILMINGTON, INC APR 2 8 2016 --�"Nothing Compares State of North Carolina I Environmental Quality I Coastal Ma agement 127 Cardinal Drive Ext, Wtlmingmn, NC 28405 910-796-7215 RECEIVE APR 2 2 2016 DCM- WND CITY Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Channel Walk & Shoreline HOA Inc. DATE: 4/28/2016 PAT MCCRORY cove'.' DONALD R. VAN DER VAART &1CMrmy BRAXTON DAVIS DNr,.fV' A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to construct 630 linear feet of new vinyl bulkhead approximately 2ft waterward of an existing bulkhead. The project would result in approximately 80ft2 of coastal wetlands and 1,260ft' of estuarine waters and public trust area. The surrounding waters are classified as SB and are closed to shellfish harvest. Due to the length of the bulkhead (630 linear feet), placing the structure as close to the existing bulkhead as practical is preferred to limit loss of coastal wetlands, estuarine waters and public trust area. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or gregg.bodnar@ncdenr.eov with further questions or concerns. Nothing Compares Swe ofNorih Carolina I Emimruneatal Quality 1 Coww Maoaptamt 400 Corronera Avo I Morehead City, North Carolina 28557 252-808-2808 r- N Coastal Management ENVIRONMENTAL QUALITY April 20, 2016 MEMORANDUM: TO: Heidi Cox Environmental Engineer Public Water Supply PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director On b4 vivisM 212016 ;V iR0 Of �ater Watte S, r% FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(c)-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/D&F Application Review Applicant: Channel Walk & Shoreline HOA, Inc. Project Location: 199 Driftwood Ct., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co. Proposed Project: to replace an existing deteriorating bulkhead with a new vinyl bulkhead 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 May 13, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED c t ✓1 DATE 3 I RECEIVED DCM WILI,AINGTC^I N' MA'RIEGEIVED Nothing Compares�- MAY 31 2016 State of North Carolina I Environmental Quality I Coastal Management D C M — M H D CITY 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 Coastal Management ENVIRONMENTAL OUALITV June 30,2016 Channel Walk & Shoreline HOA, Inc. P.O. Box 791 Wrightsville Beach, N.C. 28480 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director 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 be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management Nothing Compares_ State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T Coastal Management ENVIRONMENTAL QUALITY June 15, 2016 Mr. Mark Clements Clements Marine Construction 103 Circle Drive Hampstead, NC 28443 Dear Mr. Clements: PAT MCCRORY (,mamol DONALD R. VAN DER VAART swroary BRAXTON DAVIS This letter is with reference to your application, acting as agent for Channel Walk & Shoreline HOA, Inc., for a Coastal Area Management Act Major Development permit to undertake development activities adjacent to Lees Cut, at 199 Driftwood Court, in Wrightsville Beach, New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make September 2, 2016, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. cc: Wihnington/MHC Files Sincerely, Heather Coats Assistant Major Permits Coordinator ^Nothing Compares RECEIVED JUL 11 2016 DCM- MHD CITY Smte of North Carolina I Environmental Quality I ComW Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 Pv ON NIP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Channel Walk & Shore Line Host Channel walk bulkhead replacment Last Name Applicant 1: First Name MI Scott Overholt Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State PO BOX 791 Wrightsville Beach INC ZIP Country Phone No. FAX No. 28480 new hanover 910.798-5900 ext. Street Address (d different from above) City State NC T180- Beach EmailWrightsville 2. Agent/Contractor Information R E C E I V Lo D Business Name Clements Marine Construction Inc,. APR 2 2 2016 Agent/ Contractor 1: First Name MI Last Name Mark H Clements D C M- NI H D C I Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City Stale 112 Circle Drive Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910-620-9110 ext. 910-270-9110 ext. FAX No. Contractor # same Street Address (t different from above) City State ZIP Email dementsmarineco@bellsouth.net RECEIVED D MAR 2 9 2016 252-808-2808 :: 1-888-4RCOAST :: www.ncc oasta lmanagement. net rA- Form DCM MP-1 (Page 3 of 6) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover co. 199 driftwood ct. hwy 74 Subdivision Name City State Zip Channel walk Wrightsville beach NC 28480 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 620 - 9505 ext. 25 units housing six appartments per unit, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project lees cut 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 AICW e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. new hanover 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 11070"r 502660.80 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 52' x 136 per unit, NWL (normal water level) (if many lot sizes, please attach additional page with a list) 15, ®NHW or ❑NWL e. Vegetation on tract .Lawn Grass, planted trees and some coastal wetlands I. Man-made features and uses now on tract pier and bulkhead RECEIVED PR 2 2 201 g. Identify and describe the existing land uses adiacent to the proposed project site. private residential homes DCM- M H D CITY h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? r-20wb (Attach zoning compliance certificate, it applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does A involve a ❑Yes ®No ❑NA National Register listed or eligible properly? RECEIVED <Form continues on next page> DCM WILMINGTON, NC MAR 2 9 201B 252-808-2808 .. 1-888-41, www Aalmanagement.net a: Form DCM MP-1 (Page 4 of 6) APPLICATION for 11 Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes ONO (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. County o. Describe existing drinking water supply source. county p. Describe existing stone water management or treatment systems. city 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. To install new bulkhead to replace existing. community docking area is in this location and will remain effective. 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. We will install the new bulkhead from land using tractors and hammers to drive the sheets in front of the old wall. equipment will remain on site untill wall is complete, use of equipment will require backhoe, and hand tools, air compressior and matterials required. d. List all development activities you propose. To replace existing bulkhead. e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? n/a ❑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. REGENED surface runoff APR 2 2 2016 i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes [-]No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED C <Form continues on back> MAR 2 9 2016 Y 252-808.2808 .. 1-888.4RCOAST ..----v--ccoastalmanagement.net Form DCM MP-1 (Page 5 of 6) APPLICATION for y+ Major Development Permit 6. Addidonallnfonnation In addition to this completed application form, (MP-1) the following items below, i/ applicable, must be submitted in order for the application package to be complete. Items (a) — (9 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name town of Wrightsville beach Phone No. n/a 321 causeway drive Wrightsville beach, NC 28480 Address Name Lees Cut HOA Phone No. n/a Address 100 Lees cut lane Wrightsville Beach, NC 28480 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. GP 57539 100.78 155,47 22-99 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. 7. Certification 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. RECEIVED I further certify that the information provided in this application is truthful to the best of my knowledge. Date 3/22/2016 Print Name Mark Clements APR 2 2 2016 Signature DCM- MHD CITY Please indicate application attachments pertaining to your proposed project. RECEIVED ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM WILMINGTON, NC ❑DCM MP-3 Upland Development MAR 2 9 2016 252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. 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 Width Avg. Existing Depth NA NA Final Project Depth NA NA 11. EXCAVATION GThis section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. c. (i) Does the area to be excavated include 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 OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlandslmarsh (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 (ii) Describe the purpose of disposal in these areas: b. Type of material to be excavated. d. High -ground excavation in cubic yards. GThis section not applicable area. d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ONO ❑NA (ii) If yes, how much water area is affected? RECEIVED APR 2 2 2016 DCM- rp Y DCM WIEM NIGTON, NO MAR 2 9 2016 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12126/06 Form, DCM MP-2 (Excavation and Fill, Page 2 of 2) A 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 630' ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: 24" e. Type of stabilization material: vinyl g. Number of square feet of fill to be placed below water level. Bulkhead backfill 12.600 sc. ft Riprap _ Breakwater/Sill Other i. Source of fill material. sand pit located in rocky point NC Width: 24" d. Maximum distance waterward of NHW or NWL: 24" f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. existing bulkhead installed in 1971 is failing h. Type of fill material. sand 4. OTHER FILL ACTIVITIES ID This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the she? LJYes ❑No If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area IN) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site controlled? bulkhead filled between existing and new c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. 3/23/2016 Date Channel walk bulkhead replacment Project Name b. (i) Will fill material be placed in 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 OWL ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (eg., dragline, backhoe, or hydraulic dredge)? backhoe 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. Mark Clements Applicant Name Applicant SignKkUUVED RECEIVED DCM WILMINGTON, NC APR 2 2 2016 MAR 2 9 2016 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net ° r revised: 12126/06 LF-E ub d '� NwY 7 CNAQ.�J6L WALK &1"6410 1�6 V 1Ac-r D" :2-23 f6 : Mtn v-: 1 cJ RECEIVED APR 2 2 2016 DCM- RECEIVED DCM WILMINGTON, NC MAR 2 9 2016 Em RECENED APR 2 2 2016 DC"sl- ldoHD CITY RECEIVED DCM WILMINGTON, NC MAR 2 9 2016 DCM Coordinator: (J` 01 Permit #: ' 7140 MAILING DISTRIBUTION SHEET Agents: CW-m CK5 1wr(z-1 45 GLLE 1 . DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington i to US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: <Zer rum e Liz UP. Cultural Resources: epee Gledhill -Earl Public Water Supply: HeZox Joey White (WARD) DCM/ Shane Staples Fisheries Specialist regg Bo har NC DOT: n Iughe DMF/ Shellfish Sanitation: annon.ienk' State Property: alt n Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Jeanne Ste€nhttis—^,4 c-C ar C b rn - 401 DEMLR Washington: Scott Vinson-Sto meter Wilmington: ,enraette -cntt- Stnrn rmwa y Wildlife Resources: �aria D LPO: 99 [r i . ZAztt S1 ti� Fax Distribution: Permitee Agent #:. a DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Channel Walk & Shoreline HOA, Inc. c/o H. Scott Overholt 2. LOCATION OF PROJECT SITE: 199 Driftwood Court, adjacent to Lees Cut, in Wrightsville Beach, New Hanover County. Photo Index - 2006: 22-7424, M-0, 7 2000: 22-273, N-P, 7 1995: 22-255, N-P, 5 State Plane Coordinates - X: 2360690 Y:172823 Latitude:34°13'08.11"N Longitude:77°48'25.14"W 3. INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/4/16 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—4/5/2016 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Wrightsville Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: CW, ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — Municipal Sewer Planned - N/A (F) Type of Structures: Existing — Condominium Complex with pool and cabana, marina docking facility, vinyl bulkhead and aging timber bulkhead Planned —Vinyl Bulkhead Source - N/A (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal Wetlands) 80 sq. ft. (B) Open water 1,260 sq. ft. (C) Other(Highground) 12,600 sq. ft. (D) Total Area Disturbed: 13,940 sq. ft. (0.32 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to construct 630 linear feet of new vinyl bulkhead located waterward of the existing deteriorating timber bulkhead. RECEIVED APR 2 2 2016 DCM- MhHD CITY IM Channel Walk & Shoreline HOA, Inc. Page 2 9. PROJECT DESCRIPTION: The project site is located at 199 Driftwood Court, adjacent to Lee's Cut in the Town of Wrightsville Beach, New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel east on Eastwood Road (US Hwy 74/76) to Wrightsville Beach. Travel across the drawbridge and keep left on West Salisbury Street (US Hwy US 74) and travel approximately 0.2 miles. Turn left onto Pelican Drive and then travel west approximately 0.2 miles until to you reach the entrance of Channel Walk and Shoreline Condominiums at Driftwood Court which will be located on the right. The project site consists of a 107-unit residential community which has been in existence since the mid to late 1970's. The Shoreline at Channel Walk Townhouses are located between US Highway 74 and Lee's Cut, just east of the NC Wildlife Resources Commission boat access facility. The approximately 1,070 linear feet (LF) of shoreline frontage is stabilized by approximately 440 LF of a vinyl bulkhead on the eastern half of shoreline and approximately 630 aging timber bulkhead along the western half of shoreline. The existing vinyl bulkhead was authorized through CAMA General Permit No. 57539-D on 3/30/2012, which replaced an existing aging timber bulkhead within the same alignment. Waterward of this existing vinyl bulkhead is an area of Coastal Wetlands averaging approximately 15 feet in width consisting primarily of Smooth Cordgrass (Spartina altemiflora). Waterward of the existing timber bulkhead on the west side of the property is currently void of Coastal Wetlands until the most western end of the property boundary where the bulkhead returns towards the south a distance of approximately 40 LF. This area of Coastal Wetlands along the face of the bulkhead is approximately 25 feet in width consisting primarily of Smooth Cordgrass (Spartina aftemiflora). The applicants currently maintain an existing community marina, which consists of 2 community docks and 21 floating docks that are all accessed individually from an approximately 6 feet in width by 450 feet in length boardwalk adjacent to the existing bulkhead along the shoreline. On 9/271996, the Channel Walk / Shoreline Homeowners Association was issued an Exemption to repair/replace pre-existing docking facility destroyed or damaged by Hurricane Fran. This approval allowed for the construction of 21 floating docks, 21 ramps, 2 community docks, 2 boardwalks and 450 LF of bulkhead. The floating docks and associated mooring pilings provided a total of 35 slips that were existing prior to Hurricane Fran. The Town of Wrightsville Beach Land Use Plan classifies adjacent waters and high ground area of project site as Conservation. There are no known archaeological sites located in the project vicinity. The waters of Banks Channel are classified SB by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to construct 630 LF of new vinyl bulkhead located waterward of the existing deteriorating timber bulkhead. The proposed bulkhead would be located 2 feet waterward of the existing deteriorating timber bulkhead. The application states that anew vinyl bulkhead (approximately 630 LF) would be constructed using a water jet. No changes are proposed to the upland portion of the project site or the community marina. 11. ANTICIPATED IMPACTS: The proposed new vinyl bulkhead would result in the filling of approximately 1,260 sq. ft. of Estuarine Waters and Public Trust Areas, of which approximately 80 sq. ft. would be Coastal Wetland fill consisting primarily of Smooth Cordgrass (Spartina aflemiflora) located on the most western end of the property, aforementioned. The proposed bulkhead would disturb approximately 12,600 sq. ft. of highground for the associated backfill and tie -back anchor system. Minor increases in turbidityshould be expected during construction Submitted by: Robb Mairs Date:4/20/2016 Office: Wilnotan - IVED APR 2 2 2016 DCM- MHD CITY MF Channel Walk and Shore Line HOA. 3/29/2016 PO BOX 791 Wrightsville Beach, NC 28480 Narrative for seawall replacement. Dear Committee, Our current bulkhead at channel Walk was installed we think back in the 70s and has held up extremely well over the years. After doing our regular yearly inspections in 2015 we were able to determine that the wall is now in very poor condition and could fail at any point now. We wish to replace this wood wall with a new vinyl seawall, and are requesting your blessings on this project at this time. Thank you for your help and understanding in this matter. RECEVE,0 APR 2 2 2016 DCM- NIHD CITY RECEIVED DCM WILMINGTON, NC MAR 2 9 2016 4 f Coastal Management ENVIRONMENTAL QUALITY April 20, 2016 Mr. Scott Overholt c/o Channel Walk & Shoreline HOA, Inc. P. 0. Box 791 Wrightsville Beach, North Carolina 28480 Dear Mr. Overholt: PAT MCCRORY Gommor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application, through your acting agent Mr. Mark Clements, for the proposed development located at 199 Driftwood Court, adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County. It was received as complete on April 5, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 19, 2016. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 5, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project.. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. pRobbL. Mairs Field Representative Wilmington District Office N.C. Division of Coastal Management oc: Doug Huggett, DCM-MHC Heather Coats, DCM-WiRO R EC E [`/ r, ._d Tyler Crumbley, USACE Zach Steffey, LPO Mark Clements, Agent Nothing CoAPR 2 2 2'1'S mpares_ pp State of North Carolina I Environmental Quality I Coastal Management DC M 127 Cardinal Dive Ext., Wilmington, NC 28405 910-7964215 i' I NO T 1 (01* 1,7j CAMA PERMIT APPLIED FOR PROJECT: rn 0 bz NP m_ N O � Q] r:F 0 To construct a new vinyl bulkhead I COMMENTS ACCEPTED THROUGH May 13. 2016 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Channel Walk S Shoreline HOA NC Div. of Coastal Management PO Box 791 127 Cardinal Dr. Extension Wrightsville Beach, NC 28480 Wilmington, NC 28405 Robb Mairs, Field Representative Agent: Mark Clements (910) 620-9110 910-796-7423 Letter of agent I Aopr?Z aftave retained Mark Clements DBA, Clements Marine Construction Inc, to make application for any and all permits needed to start construction on the work requested for our property or properties. By allowing Mr. Clements to make such applications I do understand that this will in no way relieve me of any obligations to perform all work according to the building codes of North Carolina, CAMA, DWQ or any other state and or county ordinances. Print name Signature d5AG� u1v- M(-� fz�Ac. RECEIVED APR 2 2 2016 [)CAj1- M,K"'-" 0 1 T Y RECEIVED DCM WILMINGTCN, NC MAR 2 9 2016 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: I EC E,tV L.et2g Ct,4- fi6X I WILMINGT 100 Lees C,Vj �a�� 0 5 20 ��°�d1ISV.iI� PjeAC �C - IIIIIIIIIIIII (IIII II II II III II IIIIIIII II II II III 9590 9403 0737 5196 1501 37 ,15 0640 0004 2208 3370 PS Form 3811, April 2015 PSN7530-02-000-s053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 7e Wy7 /o/ /�rrq rl/2 /1i' 3� l CG�rrrxr✓`w/ /D®Y/� /t/�rr��if3irlle iJ44e% III IIIIII IIII III I I I I I I II III II III I I II I IIIIII III 9590 9403 0737 5196 1501 44 115 0640 0004 2208 3387 PS Form 3811, April 2015 PSN 7530-02-000-9053 X " � d LZ1 ❑ Addressee IN` B. Received by (Printed Name] C. Date of Delivery 6avxu i odt(y' `(-l-1(0 . Is delivery address different f M ft6m 17 Yes If YES, enter delivery address below: 0 No N aAq� o 3. Service Type ❑ Pdodty Mail Express® ❑ Adult Signature ❑ Registered Mail- ❑ Adult Signature Restricted Delivery ❑ ReBggistered Mall Restricted R�Cadifed Mails Mllvary ❑ Certified Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted DeMery 0 Signature Confirmation— ❑ Insured Mal ❑ Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery Domestic Return Receipt IN ■ D. Is delivery atldreas dlffereWrom Item 1? I.A wee If YES, enter delivemaiddress below: ❑ No GCM WILMINGTON, NC APR 0 5 2016 3. Service Type ❑ Priority Melt Express, ❑ Adult Signature 0 Registered Mall*^' ClAdult Signature Restricted Delivery ❑ Reegglstered Mall Resldoted ?CertHied Malls Da very ❑ Certified Mall Restricted Delivery O Return Re ❑ Collect on Delivery [I Collect on Delivery RasMctetl Delivery seiptfor 1D Signature Confirmation- ❑ Insured Mail Signature Confinnadon ❑ Insured Mall Restricted Delivery Restricted Delivery Domestic Return Receipt RECEIVED APR 2 2 2016 DCM- Nil CITY dz Channel Walk & Shore Line HOA Feb, 22, 2016 PO Box 791 Wrightsville Beach, NC 28480 Agent: Mark Clements 112 Circle Drive Hampstead, NC 28443 Cell: 910-620-9505 Dear committee, The HOA would like to request to have the bulkhead at Channel Walk replaced with a new vinyl bulkhead that is described in our CAMA major application. The existing bulkhead is in very poor condition and will not hold much longer, so we humbly request your permission to move forward with the replacement of this wall. ------- ------- 4aftoz ---------- ♦. officer N•LT C►4RslK�� � �tD - -- :3 Z 3 1 2 01(0 Date RECEIVED APR 2 2 20'S DCA!Y ` _ ' RECEIVED DCM WILMINGTON, NO MAR 2 9 2016 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHANNEL WALK AND SHORELINE TOWNHOMES THIS AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHANNEL WALK AND SHORELINE TO WNHOMES is made this 5th day of September, 2013 by the undersigned CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC., a North Carolina non-profit corporation operating in New Hanover County WITNESSETH: WHEREAS, CHANNEL WALK AND SHORELINE are a real estate development located in New Hanover County, North Carolina further identified on following map(s)- A "Section I Channel Walk Townhouses" recorded in Map Book 13, Page 1, New Hanover County Registry, B "Section 11 Channel Walk Townhouses" recorded in Map Book 14, Page 18, New Hanover County Registry, and C "Section III Channel Walk Townhouses" recorded in Map Book 16, Page 6, New Hanover County Registry. WHEREAS, CHANNEL WALK was developed by American Classic Industries, Inc, hereinafter referred to as "Declarant" or "Developer", which caused to be recorded the following. A. "Declaration Of Covenants, Conditions And Restrictions" for Section 1, recorded on February 24, 1972 in Book 930 at Page 332 in the New Hanover County Registry, p E C E V E D B. "Easement" for water, sewer and trash services, recorded on December 15, 1972f in APR 2 2 2016 Book 957 at Page 569 in the New Hanover County Registry, DViV - It�fiHit of 1 RECEIVED DCM WILMINGTON, NC MAR 2 9 2016 �p le 1111111111111113111 2013033575 FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2013 SEP 16 04 32 40 PM BK 5769 PG 2527-2587 FEE $206 00 INSIM712M033575 Amended and Restated Declaration of Covenants, Conditions and Restrictions For Channel Walk and Shoreline Townhomes Return to: Ellen P. Wortman Hedrick, Gardner, Kinchelo & Garfalo, LLP 1838 Sir Tyler Drive, Suite 200 Wilmington, NC 28405 RECEIVED DCM WILMINGTON, NC MAR 2 9 2016 C. "Declaration Of Covenants, Conditions And Restrictions" for Section 2, recorded on May 17, 1973 in Book 971 at Page 75 in the New Hanover County Registry; D. "Easement' for water, sewer and trash services, recorded on August 24, 1973 in Book 981 at Page 125 in the New Hanover County Registry; and E. "Declaration Of Withdrawal From Dedication Section III- Channel Walk Townhouses", recorded on November 30, 1977 in Book 1120 at Page 96 in the New Hanover County Registry. WHEREAS, CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC., a non-profit corporation, currently acts as the representative for its members who are Lot Owners in CHANNEL WALK and SHORELINE, and it was the intent of the Developer, at the time of the conveyance of a Lot to an Owner, to make available certain Common Areas and amenities on the Property, if any, as they were built, and, to convey, upon completion of the development, the entire Property, excluding the Lots and publicly dedicated streets, if any, without cost or charge to the Association; WHEREAS, CHANNEL WALK HOMEOWNERS ASSOCIATION, INC., caused to be recorded the following A. "Agreement' to annex Shoreline At Channel Walk, recorded on November 16, 1977 in Book 1118 at Page 903 in the New Hanover County Registry, B "Agreement" to annex Shoreline At Channel Walk, re -recorded on November 30, 1977 in Book 1120 at Page 89 in the New Hanover County Registry, C. "Declaration of Withdrawal of Dedication Section III- Channel Walk Townhouses", withdrawing the public dedication of the streets in Section IB (Shoreline), recorded on November 30, 1977 in Book 1120 at Page 96 in the New Hanover County Registry, D. "Supplemental Agreement' to annex Shoreline At Channel Walk, recorded on May 9, 1978 in Book 1130 at Page 1144 in the New Hanover County Registry, E "Amendment To Bylaws", recorded on July 9, 1984 in Book 1259 at Page 646 in the New Hanover County Registry, F. "Certificate Of Doing Business Under An Assumed Name", recorded January 26, 1989 in Book 1444 at Page 705 in the New Hanover County Registry, G "Channel Walk Homeowners Association, Inc. Amendments To Bylaws", recorded July 18, 1997 in Book 2212 at Page 459 in the New Hanover County Registry, and H "Channel Walk Homeowners Association, Inc. Amendments To Bylaws", recorded May 25, 2006 in Book 5027 at Page 23 in the New Hanover County Registry. WHEREAS, it is the desire of the Lot Owners in CHANNEL WALK and SHORELINE to change the name ofdw Association to CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC., Rt' rM l� `+ V� D 2 RECEIVED APR 2 2 2016 DCM WILMINGTCN, NC DC!lel— KIND CITY MAR 2 9 2016 WHEREAS, it is the desire of CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC., and the Lot Owners of CHANNEL WALK and SHORELINE to subject themselves and all future Lot Owners to the North Carolina Planned Community Act, N.0 Gen. Stat. Chapter 47F; WHEREAS, this AMENDED AND RESTATED DECLARATION OF COVENANTS, ONS AND RESTRICTIONS FOR CHANNEL WALK AND SHORELINE IMES is made pursuant to N.C. Gen. Stat. 47F-2-117, WHEREAS, it is the desire of CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC., and the Lot Owners of CHANNEL WALK and SHORELINE to allow CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC. to collect assessments from Lot Owners for the general operation and administration of the Association and maintenance of Common Areas and to allow the Association to assess Lots differently for capital improvements, maintenance, replacement or repair of Limited Common Areas, including, but not limited to, party walls, roofs, gutters, downspouts, decks, piling/foundation and building exteriors, and to amend the prior Declarations' requirement of a uniform rate of assessment for all Lots, WHEREAS, it is the desire of CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC., and the Lot Owners of CHANNEL WALK and SHORELINE to clarify the Lot Owners of CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC. are responsible for their own hazard and flood insurance and shall pay their own hazard and/or flood insurance premiums, WHEREAS, it is the desire of CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC., and the Lot Owners of CHANNEL WALK and SHORELINE to clarify CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC.'s Atchitacdiral Review process and the guidelines for the Architectural Review Committee; WHEREAS, it is the desire of CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC., and the Lot Owners of CHANNEL WALK and SHORELINE to remove references to the Declarant's rights; as the Declarant is no longer in control of CHANNEL WALK or SHORELINE and there is only a single clans of membership in CHANNEL. WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC.; WHEREAS, the pm=se of this Declaration is to amend and restate all PrioF Declarations and to combine all Prior Declarations into this Declaration. This Declaration replaces and supersedes all Prior Declarations: and NOW, THEREFORE, CHANNEL WALK AND SHORELINE HOMEOWNERS ASSOCIATION, INC., hereby declares that all of the Lots and Common Areas, as defined herein, located within the Subdivisions are held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved, subject to the following covenants, conditions and restrictions, all of which are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Subdivisions as a whole and of each of said Lots All of these restrictions shall rim with the land and shall be binding upon the Lot Owners and upon the parties having or acquiring any right, title or interest, legal or equitable in and to the Property or any part or parts thereof subject to such restrictions. RECEIVED DCM WILMINGTON, NC MAR 2 9 2016 Coastal Management ENVIRONMENTAL QUALITY 147— PAT MCCRORY Governor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Duector March 3, 2016 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notices in New Hanover County: Steven Matthews • Channel Walk & Shoreline HOA Kyle & Heather: Please publish the attached Notice in the Friday, April 22, 2016 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Luke Skiera, (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 Tyler Crumbley — USACE Michele Walker- DCM Sincerely, /Shaun K. Simpson ' . Permitting Support &Customer sistance Nothing Compares RECEIVED APR 2 2 2016 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 29405 910-796-7215 CM NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA in New Hanover County. On April 1, 2016, Steven Matthews proposed to construct a new single-family residence, and a private docking facility at 223 Florida Ave., adjacent to Myrtle Grove Sound, in Carolina Beach; and on April 5, 2016, Channel Walk & Shoreline HOA, proposed to replace an existing bulkhead at 199 Driftwood Ct., adjacent to Lees Cut, in Wrightsville Beach. The applications can be examined or copied at the office of Robb Mairs, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 13, 2016 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. -5:' Nothing Compares - RECEIVED APR 2 2 2016 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardind Drive Ed., Wilmi Won, NC 29405 910-796-7215 m� MAJOR PERMIT FEE SCHEDULE !dv Channel Walk / $250 #4061 / New Hanover Co. DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 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, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475:::[ 60% $285 40% $190 RECEIVED APR 2 2 2016 DCM- MHD CITY DENRCAMADail Check Lo far WIRO - as Racalved Date Deposits tl Check Fmm am Name oyPermit Holder Wander Check Numbm Cheek amount PennH Numbed Comments Receipt or Refund) eaeOCared 3/172016 3212016 Brien Forehand & Mollie Gameh Brian_ Forehand Si Stale Bank 2001S2,000.W'.express fee, 21W Washington Ac.Rd. HampIPN JD M. 1746D 3/17=16 3212016 Ted PippiNPippin Manne Construction LLC ''Gary Lynch Wells Fargo 3694. S400 00 GP NW9D RM rt 1482D 3/182016 31212016 John & Mary Richardson same B d A 4741 $2W. W IGP 66387D SF rt 1626D 3/182016 3/182016 311820163212016 3212016 31212016 3212016 3242016 Peter Mueller Brenly & Shame Turner JRW/RDW Inc 'Louise Charles Walters, Jr. =M Hathaway same Mengel same B of A Wells Fargo First Bank _ BB &T W251 8740403431 1026 8125 $2W. W $100. W E400DO I 321 GP 66MD JD hi 1745D minorfee, Lot 4 Chesoak SL Est NTB Oro JD M 17470 GP fill $F I1625D _ major fee, 9197 Schuybr Draw, Calabash BrCo SF rot. 1628D 31212016 3242016 F & S Manne Comrades Ins I RiC shl Is Laura Fisher PNC Bank 5239 S200.W GP 66372D RM mt. 1483D 3212016 31242016 F & S Manna Contractors Inc 1 Dennis Farrell PNC Bank 5194 ill W G_ P di D QSBW _ RM mt. 1483D RM rd. 14831) MIM16 3242016 F & S Manna Cantradore Inc _ Dennis Famell PNC Bank _ _ _ 5198 Ili 31 31232016 3/242016 3242016,Mike Town of Carolina Beach 'same Gallam/ANA Builders Inc 'Me _ Addy BS &T I D BeNc 86184 ]823. E1u W minor fee, CB 16d3 _ RM rt 14 13 E1 W. W minor fee, 9 Hunter Hei N One JD rd. 1749D 3232016 3242016 Rii a En ­a Damp _ same USAA Fedend Savings Bank 782 $203. 00 GP 663701) JD roL 17481) _ $200.00, GP 66307D JD rt 1754D $100.00 minor fee, Lot 4 Majestic Oaks, Haffignitead PN JD not 1580D $200 W GP 64727D SF not, 1831 D 3232018 3242016 Andiron Construction Inc Ed Ball B of A 41631 3242016 3/ 18 3292016 329/2016 Proper Building Group MC Bradford Stevens _ Etl Hill same Fksl Caaens Banc NC SECU 1829 1 W71 3242016 312W1016 Rhona WoolenTavm of HolEen Beach same BB &T 28099', $400. W GP B83BOD SF mt. 1629D GP 663WD JO n. 1750D 325/2016 MM016 Mike Conan Coastal Marne Constrotbi n Inc Michael McDaniel First Bank 10169 $2W.00 325/2016 329/2016 Chris Conaway/Connaway Marine Construction 'Georgia Rasmussen B of A 1223: $2 W. W GP 863810 HIS rct. 1521D _ _- ml&=5 3282018 3 Zurl6 3292016 Rock base Construction Linda Pictlrilb Atlam KdenmRAanectr LLC Steven Matthews Cresco n Bart B dA 15271 $2W. W 2142, _ $250. W GP 66383D SF V. 1633D _ m ijorfee, 223 Florida Ave, CB NHCo 5400 RM rct 1485D _ 3282018 3292018 Atlam KnienMManeU LLC Steven Matinees B dA 2143 8150 W majarfee 223 Fkeida Am, CO NHCo QE400 RM rd. 1485D 3282016 329/2018 Brandon Grimeshnoney order Edo Cassidy Wells Fargo 17335665485 $200. W GP 66391D JD rcd. 1576D 4111 $20).00 GP 66297D JD rt 1755D 20793 f4W.00GP 66393D 03200 RM rd. 14ND ._ GP 66392D CD$2W 3282016 MM0161 3292016 Jerry EnnetVAntinei ConsWdbn Inc Chris Barnhill Jimmy Norh/Consdal Marine Pies, B.Ilkla a LLC Gene Hodges B of A Wells Fargo _ Sterling Kenan 32W2016 3r30r 015 37J02016 3lJ02018 3(JO2016 imam Clemens/Ctememe Marine Consbuction Channel Walk 8 Shore L'ne MOA N�ich_alds Naon Ill _ same ID onnie Rei eid & Cook Builders LLC John & Jac Best '.Jerry Enrrett/Antinai Can;truction Irrc _ Will Russell Chns Giblow l Coastal Savbec Maoard Bey HOA Fist Chosen; Bank BB &T B d A B of A Comm Federal Cmda Union 4061 4482 1628 4184 7% $2w.W 5100.W E1 W.W S .W 54W. W m eor fee, 199 unmeood Coon, MNHCo mejarfee, 115 & 125 Hollis Lane, Warn NHC mWefee, 409 S. Mdnaon Blvd., TB PN GP 66298D GP 66395D RM 114 17D RM rt 14ND JD mi 1577D IJD mL 1756D IJO rct 1579D � 31302018 _ Jerome & Joy Kay Timothy D. Gates Bran Sm" and Trust 5219 ww. W GP 663960 JD IeL 1578D3D WIM16 mi rio18 =12018 Enck Olsen/ORen Associates, Inc _ Village of Si Inc hill and D. Page Wilson same IS OuentanceCamlma Bluewata ConstnrHon Boyd & Becky Gasque Was Fargo Bank of Oak Raise BB &T 2218 3207 9458 E4. WW ww.W 3M.00 major fee, Row Boat Row SHI SICO GP 68382D GP 663870 H$ trel.152 SF rt iii SF rd. 16341) W312016 _ (Mike Conard/Coastal Marine Conarodion Inc James TMmpson Fist Bank 30D47408 6400.W GP 06512D RM rot. 1490D 3212016 G HOWen ,olden Docks & Bulkheads Mark Hurley Cresi Bank 2521 111 GP 68390D SF rct- 16 11D 4/12016 _ Mere ClememNCkmenls Marne Construction Channel Walk & Shore Lao HOA First Citun ns Banc i ease $150.00 Majoi 199 DdlMootl Cain, WB NH RM 1149113 NC Division of Coastal Management Major Permit Application Computer Sheet qoo/ yO&V ES: Lee's Cut / AIW W Fee:425SAW461 CDAITS SIPS Applicant: Channel Walk & Shore Line HOA Agent/Contractor: Clements Marine Construction, Inc. c% Mark Clements Project Site County: New Hanover Staff: Robb Mairs District: Wilmington Project Name Channel Walk BH Replacement Rover File: -- - River Basin: Cape Fear Initial date of application submittal: 3-29-16 Date application "received as complete" in the Field office 5 SITE DESCRIPTIONIPERMIT INFORMATION ORW: ❑Yes JSo PNA: ❑Yes NVNo Photos Taken: Yes No❑ Setback Required (riparian): ❑Yes WRO Critical Habitat: ❑Yes LpNo ❑Not Sure 15 foot waiver obtained: ❑Yes 9&o Hazard o 'fication Returned: [-]Ye go SAV: ❑Yes o ❑Not Sure Shell Bottom: Yes KNo ❑ Not Temporary Impacts: ❑Yes No Sure Sandbags: ❑Yes LP o ❑ Not Sure Did the land use cl fication come Mitigatio quired (optional): from county LUP: es ❑No ❑Yes o Moratorium Conditions: Environments sessment Done: Length of Shoreline: ElYes []No ,A ❑Yes ❑NoANA /G�dFT. Shellfish Area De ' net Project Descrip 'on: (code) Development Area: (code) Open -or- osed 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 jamaioense) SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina temiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 El 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 El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 [1 Express Permit - $2000 cre; 3490 can be applied - $400 RECEIVED ❑ Major development extension request - ❑ 11. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv, public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 D C tM- h&Hp CITY Applicant: Channel Walk & Shore Line HOA Date: 3-29-16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replaf�'� / Maint ❑ 0'V ❑ N New Work Lj Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Mart ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Dredge ❑ Fill Both ❑ Other ❑ V Dredge ❑ Fill Both ❑ Other ❑ Dredge ❑ Fill IV Both ❑ Other ❑ r Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ AT R-77—CITTa— ^�I DCM 1..1 CIT kPHC Dredge El Fill Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1-888.4RCOAST :: www.nccoastalmananement.nat revised: 10/12/D6