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HomeMy WebLinkAbout15-16 Island Marina EnterprisesPermit Class NEW Permit Number 15-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Island Marina Enterprises LLC 620 St. Joseph St., Carolina Beach, NC 28428 Authorizing development in New Hanover County at adi. to Myrtle Grove Sound, 620 St. Joseph St.. Carolina Beach , as requested in the permittee's application dated 11/9/15 email dated 1/22/16, incl. attached workplan drawings (2) 1-2 of 2 both dated 11/9/15. This permit, issued on January 27, 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 )e suoject to tines, imprisonment or ctvu action; or may cause me perms to oe nun anu vulu. Marina Facility 1) This permit authorizes only the expanded marina and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this expanded marina facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the expanded marina facility. Any sewage discharge at the expanded marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. `% �l rl ter f7 Braxton "avis, Director "avis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pertnittee Island Marina Enterprises, LLC ADDITIONAL CONDITIONS Permit No'.15-16' Page 2 of 4 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 35 formalized boat slips. 6) The boatlifts and all associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor to the north. 7) Should the adjacent property to the south be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner pribr to the placement of any structures within the 15 foot riparian corridor. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) Prior to any construction authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable, and maintained for the life of the marina. 10) Prior to any construction authorized under this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. Excavation 11) In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and September 30 of any year without prior approval of the North Carolina Division of Coastal Management in consultation with appropriate resource agencies. 12). Excavation shall not exceed -7 feet below the normal low water. In no case shall the depth of excavation exceed the depth of the connecting waters. 13) Excavation shall be accomplished solely by mechanical means. Use of any other method of excavation may require modification of this permit. 14) No Coastal Wetlands shall be excavated or filled. No excavation shall take place within 10' of any Coastal Wetlands. 15) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. Island Marina Enterprises, LLC Permit No. 15-16 Page 3 of 4 ADDITIONAL CONDITIONS 16) Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (252) 726-7021 to determine if temporary shellfish or swimming advisories are required. Spoil Disposal 17) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 18) No spoil material shall be placed within 30 feet of the normal high water line. 19) The disposal area/disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 20) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Sedimentation and Erosion Control 21) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 22) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 23) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 calendar days of project completion. NOTE: An Erosion and Sedimentation Control Plan may be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section,127 Cardinal Drive Extension, Wilmington, NC 28405. Maintenance Clause 24) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area.to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Island Marina Enterprises, LLC ADDITIONAL CONDITIONS U.S. Armv Coros of Engineers Conditions Permit No' 15-16' Page 4 of 4 25) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 26) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. General 27) 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. 28) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the project Action ID No. SAW-2016-00124). NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 07-1617v2. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: 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. 1� I Application Processing Notes. Type: (check all that apply) . New, Major Mod_ Permit # Minor Mod_ Renewal_ Transfer_ Permit Coordinator: lS. _ Field Representative_}}�YS I ,1 Date Time ►2101115 1/2t/1(a 4/Zs j 1u, Message w—Y) fw'-pou:�- T 1iLao Tb2Q66- pft°PLj c Arr -too Nl(o tY 3►4- P6 -CWWN ot� S 2 - t�4rn �'et v. - i-t� r° rs>✓ 1NS� (� 0vo or' FPs- St�UtrJnr, n,E IN N4zf) lchwTb kkIW pc¢'P. e�AM'— C AI-R-tfiCA5)W V2is. 64 Si�� /�tS9 StWW.1 ZI-i UA 0" pr► .5ka CSC. CLc4a�JKOJ CoNDan(t,IS W/s (OVQ-TQay. f low ■r'1 `r'/L APPLICATION for Major Development Permit (last revised 12/27106) hA North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Island Marina Enterprises, Lie Project Name (if applicable) Applicant 1: First Name Dennis MI T Last Name Barbour Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 620 St. Joseph St. PO Box City Carolina Beach State INC ZIP 28428 Country New Hanover Phone No. 910-470-5041 ext. FAX No. 910-458-0988 Street Address (if different from above) City State ZIP Email dennisbarbour@icloud.com 2. Agent/Contractor Information Business Name N/A Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No.1 - - ext.- Phone No. 2 - ext. FAX No. Contractor # RECEIVED Street Address (if different from above) City State Email DCM- MHD CITY V C L-/ <Form continues on back> DCM WILMINGTON, NC NOV o 9 2015 252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for *- Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 620 St. Joseph St. NC Subdivision Name city State Zip Carolina Beach NC 28428 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 470 - 5041 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Myrtle Grove Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Myrtle Grove Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Carolina Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 455 49,963 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 3'-7' ®NHW or ❑NWL e. Vegetation on tract Marsh area along Bulkhead on SE side of tract f. Man-made features and uses now on tract Track is currently an operational commerical marina consisting of 35 boat slips, 2 boat lifts, paved parking lot, a building consisting of 2 restrooms, 1 office and 1 storage room. g. Identify and describe the existing land uses adlacent to the proposed project site. Marina is bordered on the North by Carolina Bay Condos/Marina, on the South by Inland Harbor Condos, and on the West by St Joseph St. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Marina Business (MB-1) (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA REM j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No SNA If yes, by whom? DC M- mHr I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes SNo ❑NA National Register listed or eligible property? /ED 015 1 CITY RECEIVED <Form continues on next page> DCM WILMINGTON, NC NOV 0 9 2015 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net m Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Pea []No (ii) Are there coastal wetlands on the site? %yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes 14No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. All wasterwater feeds to Town of Carolina Beach Wastewater Treatment System o. Describe existing drinking water supply source. Town of Carolina Beach water well supply system p. Describe existing storm water management or treatment systems. All storm water is collected and contained on site in existing collection system 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. The purpose and use will remain the same as has been. The mairna will have rental boat slips with with private parking and restroom facilites on site. 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. The property is currently a fully operational marina (Island Marina). d. List all development activities you propose. (1) Addition of Boat Lifts to "existing" 26 (26) boat slips inside basin of marina. (2) Extension of southern most dock by 15' or less to Island Marina property. Waiver of raparian rights from HDI Holdings already on file at NC DWQ. (3) Maintenance dredging permit renewal for marina basin area. (4) Delineation of 4 boat slips on "existing" floating docks and re -numbering of all boat slips from 2007 map. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? None ❑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? It. Describe location and type of existing and proposed discharges to waters of the state. RECEIVEU NDEC 0 3 2015 i. Will wastewater or stonnwater be discharged into a wetland? ❑Y1DDK4 H D CITY 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 <Form continues on back> DCM WILMINGTON, NC NOV o 9 2015 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net n Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package lobe complete. Items (a) — to 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 HDI Holdings Phone No. 910-799-6900 Address 5929 Market St., Wilmington, NC, 28405 Name Carolina Bay Condominiums Phone No. 201-951-1016 Address 650 St. Joseph St. Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NCDENR Permit No. 36-04 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 I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date S Print Name _Dennis Barbour Signature D,,4, --� RECEIVED DEC 0 3 2015 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM- M H D CITY ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC NOV Q q 9015 252-808-2808 :: 1-888-4RCOAST :: www. no coastal management. 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 �)<IS fi„ Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 225y Width 185175 Avg. Existing NA NA Depth Final Project _ / NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. Amount of material will be determined based on amount of shoaling that occurs to marina requiring maintenance dredging c. (1) 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 ❑WL ®None (ii) Describe the purpose of the excavation in these areas: Permit request is a renewal of existing maintenance dredging permit 36-04 due to expire 11-15-2015. ❑This section not applicable b. Type of material to be excavated. Sediment d. High -ground excavation in cubic yards. 0 RECEIVED DEC 0 3 Z015 DCM- MHD CITY 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. To be determined by contractor with permitted disposal N/A sites 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 wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: d. (i) Will a dispp�osal area be available for future maintenance? ❑Yes LJNo ®NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ®NA (ii) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC NOV 0 9 2015 252-808-2808 :: 1-888-4RCOAST :: wwwmccoastatmanaaement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) !i / 3. SHORELINE STABILIZATION ffiThis section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 100' ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: 185' (see attached survey) c. Average distance waterward of NHW or NWL: N/A d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: N/A g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. N/A 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ®No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area _ (iv) Purpose of fill 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 UCEIVED (ii) Describe the purpose of the fill in these a DCM- MHD CITY 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Existing bulkhead protects entire water front property from errosion Maintenance dredging may be accomplished by dragline, excavator, and/or hydraulic dredge c. (i) Will navigational aids be required as a result of the project? d. (i) WII wetlands be crossed in transporting equipment to project ❑Yes No ❑NA site? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken tRaCw FAiiAiR environmental impacts. DCM WILMINGTON, NC Date Ap7 nt Name � �s�./a �b i'1'lA,c"nriE SSSy/)p.-u,,.�..y Project Name Applicant Signature 252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmanagemant.net revised: 12/26/06 0- Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Govemment ❑Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 5 Existing (iii) Length 1176' Existing (iv) Width (2)=8' (3)= 6' (v) Floating ®Yes ❑No e. (1) Are Platforms included? *,Yes 'No PfV poser If yes:y� (u) Number _cam (iii) Length (iv) Width (v) Floating *Yes []No Note: Roofed areas are calculated from dnpline dimensions. g. (i) Number of slips proposed 4 (by re -assignment only. see comments in section 8) (ii) Number of slips existing 31 Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel []Open water; no dredging required ®Other; please describe: Exist k. Typical boat length: 25' m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 14 Existing ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number 14 Existing (iii) Length 350' Existing (iv) Width _,.r +61 (v) Floating ®Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number (2) Existing, proposed (iii) Length I26 _a, I (iv) Width 12' c5 bps 03_42Y) 1 A- i h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips') only, number of slips: 35 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 28 existino slips by size slip are limited to <25' boats. the remains 7 may accommodate 30-70' boats. Boat types may be pleasure, pontoon, or charter I. (1) Will the facility be open to the general public? ❑Yes ®No RECEIVED RECEIVED DCM WILMINGTON, NC DEC 0 3 2015 NOV 0 9 2015 Nil- !! HD C!"TY 252-808.2808 :: 1-588.4RCOAST :: www.nccoastaimanagement.net revised: 12/27106 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ® Office Toilets ® Toilets for patrons; Number: 2; Location: On SE comer of manna property (see map) ® Showers ® Boatholding tank pumpout; Give type and location: Adjacent to marina on North side, Carolina Bay Marina has a public pump station. Also the Town Of Carolina Beach has a public pump station <2 blocks south of marina. b. Describe treatment type and disposal location for all sanitary wastewater. N/A c. Describe the disposal of solid waste, fish offal and trash. Marina has paid garbage pickup, consisting of a garbage receptacle and recycle receptacle provided by the Town of Carolina Beach d. How will overboard discharge of sewage from boats be controlled? Existing Slip Lease Agreement, and Policies and Procedures presented to Lessee prohibits overboard discharge of sewer. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 1 (ii) Give the location and number of'Pumpout Available" signs proposed. 1 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. This type of boat maintenance/repair is not allowed g. Where will residue from vessel maintenance be disposed of? N/A h Give the number of channel markers and "No Wake" signs proposed. N/A i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live -aboard dockage? Controlled by Marina Slip Lease Agreement, and Policies and Procedures ED k. Describe design measures that promote boat basin flushing? N/A DEC 0 3 2015 DCM- MHD CITY I. If this project is an expansion of an existing marina, what types of services are currently provided? No additional services will be added =s�ir;tIVED DCM WILMINGTON, NC NOV 0 9 2015 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12127/06 Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leasehokter(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) DCM WILMINGTON, NC DCM- MHD CITY NOV 0 92015 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 It Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 4 t5 Note: For buoy or mooring piling, use arc of swing including length of vesse/. c. Width of water body 1%5 e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (III If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. North side = Approximately 110'. South side = >200'. East side = >150' d. Water depth at waterward end of structure at NLW or NWL 10, 8. OTHER [I This section not applicable a. Give complete description: Island Marina Enterprises, LLC was constructed in 2005 and at that time called St. Joseph Marina. This request is for: (1) the extension of the southern most dock to extend to the Island Marina property line (waiver of raparian rights form filed with NC DEQ). (2) There are currently 2 boat lifts in Island Marina. This request is to add 26 additional boat lifts and support pilings in the existing 26 boat slips "inside" the basin of the marina. All additional 26 boat lifts will be in 25' boat slips, intending to accommodate boats of 25' or less. (3) When St Joseph Marina (now Island Marina Enterprises, LLC) and Carolina Bay Condos/Marina were constructed in 2005, one permit (36-04) was issued for construction and maintenance to cover both marinas. Since construction, the marinas have become independently owned. The Slip numbers and maps now need to be revised to reflect the true identity and a permit issued to Island Marina Enterprises, LLC. In the original layout from 2007 of the marina, there was no slip number assigned to slips along the North side of the North dock (running east to west). Also, the southern 72' dock (running north to south) was shown as one slip instead of two slips. The attached new survey will reflect the corrected slip numbers and location assignments for the 2 docks. Date Project Name Applicant Name Dennis Barbour Applicant Signature RECEIVED DEC 0 3 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC NOV 0 O 2015 252-808-2808 :: 1-888.4RCOAST :: www.nceoastalmanagement.n_et revised: 12/27/06 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 February 4, 2016 Regulatory Division Action ID No. SAW-2016-00124 and State Permit No. 15-16 Mr. Dennis Barbour Island Marina Enterprises, LLC 620 St. Joseph Street Carolina Beach, North Carolina 28428 Dear Mr. Barbour: Reference your application for a Department of the Army permit to conduct maintenance dredging within an existing boat basin and expand and modify an existing docking facility. The proposal includes the addition of a 15-foot, long by 6-foot wide floating dock to the existing 70- foot long floating dock along the southern portion of the property, re-number/re-configure the existing number of slips to include an additional 4-slips, and install 26 boat lifts (slips #3 through # 28) within Myrtle Grove Sound. The property currently operates as a marina (formerly St. Joseph's) that includes an existing 31-slip docking facility which was previously authorized to conduct maintenance dredging as part of a larger project which also authorized construction activities on the adjacent property (to include the Carolina Bay Condominiums and the 77-slip marina along with new dredging). This activity was authorized under Corps Action ID number SAW-2004-00267/SAW-2005-00267 and State Permit number 36-04. The Carolina Bay Condo and Marina project will retain the original Corps Action ID number. The project description has not changed from that of the original authorization. The project is located at the existing Island Marina, at 620 St. Joseph Street, in Carolina Beach, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. RECEIVED FEB 0 8 2016 DCM- MhlG CITY -2- Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, 4LizHair Regulatory Project Manager Enclosures: CAMA permit GP 291 conditions Copies Furnished without enclosures: Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension RECEIVED Wihnington, North Carolina 28405 FEB 0 S 2016 DCM. MHO CITY Ms. Karen Higgins Division of Water Resources 401 &Buffer Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Electronic copies furnished: Mr. Chad Coburn, NC DEQ-DWR Ms. Heather Coats, NC DEQ-DCM Mr. Robb Mairs, NC DEQ-DCM RECEIVED FEB 0 8 2016 DCM- MHD CITY Coats, Heather From: Mairs, Robb L Sent: Friday, January 22, 2016 11:01 AM To: Coats, Heather Subject: FW: Island Marina CAMA Permit Application Fyi. Thx. -----Original Message ----- From: dennis barbour [mailto:dennisbarbour@icloud.com] Sent: Friday, January 22, 2016 10:07 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Island Marina CAMA Permit Application Hi Rob, I will try to clarify a couple of questions concerning the application. 1) Bulkhead - In the application there is no additional or new bulkhead requested. The existing bulkhead installed during the 2005 construction is adequate to shoreline protect erosion for the property. 2) Boat Lifts - The requested additional boat lifts will be in existing "interior" boat slips and configured exactly like the "existing" boat lifts in Slips 1 & 2. The new Boat Lifts and pilings will meet all setback requirements. If you have any additional questions or concerns, please let me know. Dennis Barbour Island Marina Enterprises 620 St. Joseph St. Carolina Beach, NC 28428 910-470-5041 dennisbarbour@icloud.com Coastal Management ENVIRONMENTAL QUALITY January 28, 2016 Island Marina Enterprises, LLC 620 St. Joseph St. Carolina Beach, N.C. 28428 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Direcmr 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. Sincerely, �4 /� 1/ /7 Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management Enclosure (Nothing Compares�- State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T DCMCoordinator:-CC)A=T. MAILING DISTRIBUTION SEEET Permitee: IS—N*0 MA-R-IoA' E-�-T RP21Sux� DCM Field Offices Elizabeth City Morehead City Washington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: DCM/ Fisheries Specialist NC DOT: DMF/ Shellfish Sanitation: State Property: Water Resources: Washington: Permit & (with revised work plan drawings) Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbley iL z —aze enee Gledhill -Ear Diane Williams (W ) Joey White (WARD) Shane Staples g Bo +htC� Patti Fowler �8lraiin-"btr zt 0 Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Searbraugh-401 Wilmington: Joanne SA=nhais — 401 obum�l l DENMR Washington: Scott Vinson-Stormwater. . Wilmington: eorgetCe 3 ott- 3toi area Wildlife Resources: LPO: Fax Distribution: Permitee Agent #:. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Island Marina Enterprises, LLC COUNTY: New Hanover PROJECT NAME: Dock Expansion and Maintenance Excavation LOCATION OF PROJECT: 620 St. Joseph St, adjacent to the CB Yacht Basin /Myrtle Grove Sound, in Carolina Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD:11-9-15 / FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 wzc,? ci '1 PUBLIC NOTICE REC'D: 12-3-15 / END OF NOTICE DATE: 1*-24-15 PR * wii CAS;.-- Swat o lql%16*./ r�� s,rtic ADJ. RIP. PROP NOTICES REC'D: Roa6veT tkmK wW� IV(S ' DEED REC'D: j 11 APPLICATION ASSIGNED TO: S ON: S C) 75 DAY DEADLINE: (T4 150 DAY DEADLINE: MAIL OUT DATE:12-1-15 STATE DUE DATE: 12-24-15 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT Nor OOA AGENCY CLOSeQ DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative d Coastal Management - LUP Consistency I�zV�I (9 ✓ Division of Community Assistance ✓ Land Quality Section (DEMLR) 12 (` l(S n--e d C,VJ. � fco1. Gonfro I f'Jt Division of Water Resources (401) l3 I% ✓ Storm Water Management (DEMLR) ( i State Property Office Division of Archives & History Division of Environmental Health 1 l S of d i S Silt C(xtAfl SIvUCuh Division of Highways REGEIVED Wildlife Resources Commission }�1t I S ✓ Local Permit Office DEC201 Division of Marine Fisheries / DCM (L IS JMQ coa t+lorA r — Corps of Engineers i ZZ l4 (ondlr Sl}vO— Zallo- O 7-+ 1 z/1S- S r I✓ TWS Ve Recommendations for State Permit— Island Marina Enterprises, LLC c/o Dennis Barbour 11/3012015 It is the staffs recommendation that the proposed docking facility is CONSISTENT with the Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule; the USACE AIWW/Town of Carolina Beach pier head line setback requirement and would provide docking space for transient vessels. The proposed structures would encroach into the adjacent riparian corridor setback requirements to the north and south; however, the applicant has received waivers from the adjacent riparian property owners for the encroachment of these proposed structures. Further, the property owner to the south has provided documentation with their current permit application that the adjacent property to the south, which is owned by Inland Harbor HOA, Inc. does not have riparian rights that run with the property adjacent to Lees Lane. The provided documents include three recorded easement documents between CB Marina, LLC and Inland Harbor HOA, Inc. (see letter and enclosures dated received by DCM Wilmington on 10/28/2015). It is the staffs recommendation that the proposal to construct a community marina and boat ramp are CONSISTENT with the Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas. It is staffs recommendation that the proposal to construct a community marina is CONSISTENT with the Rule in 15 NCAC 7H.0208 (b) (5) and 15 NCAC 7H.0208 (b) (5) (M) which states "marinas shall post a notice prohibiting the discharge of any waste from boat toilets and listing the availability of local pump -out services." As proposed the applicant would display "no sewage discharge" signage at both ends of the main spine floating dock and a "pump -out available" signage to the nearest public pump -out facilities. This office has no objection to the proposed work, provided it is consistent with all other state, local and federal permitting requirements. If a permit is authorized it should include standard permit conditions for excavation of basins and marina facilities to include the following: 1. This permit authorizes a maximum of 35 boat slips. At no time shall more than 35 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. RECEIVED DEC 0 3 2015 DCM- MHD CITY MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Applicat9nIsland Marina Enterprises, New Hanover County Date: January 26, 2016 This project appears to be consistent with the Town of Carolina each Land Use Plan. The applicant proposes to perform maintenance excavation of an existing marina basin within Myrtle Grove Sound. The project is located at 620 St. Joseph Street in Carolina Beach. Areas of Environmental Concern (AFC's) impacted by the proposal are EW, ES, and PT. The 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 Carolina Beach Land Use Plan and offer the following comments. The AECs impacted by the work are classified as Conservation. In general, the Town of Carolina Beach allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Carolina Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Carolina Beach Land Use Plan. Cc: File Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: ITe� December 1, 2015 Mark Zeigler WiRO Division of Community Assistance l-t PAT MCCRORY Governor DONALD R. VAN DER VAART Secrelary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Island Marina Enterprises, LLC c% Dennis Barbour Project Location: 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: to expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound 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 December 24, 2015. 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 M �°1 (b)� DATE /Z , Nothing Compares Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 RECEIVED DCM WILMINGTON, NC DEC 1 0 2015 Nfc__ Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM.' TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Dan Sams District Manager DEMLR - WiRO December 1. 2015 tv - PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director V� �J15 Heather Coats, Assistant Major Permits Coordinator \ NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(CDncdenrgov Fax: 395-3964 (Courier 04.16-33) CAMA / Dredge & Fill Application Review Island Marina Enterprises, LLC c% Dennis Barbour 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. to expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound 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 December 24, 2015. 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. ETbs'.o- 1�« ct 8� *..,r� C,. .l 0-1 5'�s{e ernrJs D'6� cla0�ica..�t0� O.�d air*,/ -A �e f�yv.ft� Ja l4aS ra�� 1 1 This agency objet;t's to the project for reasons describe�in the attached comments. SIGNED DATE T�)EC -'If 2615 RECEIVED ON, NC Nothing Compares—DCM WILM State of North Carolina I Environmental Quality I Coastal Management DEC 14 2015 127 Cardinal Drive EA., Wilmington, NC 28405 910-796-7215 N -7/,`/ -7PAT MCCRORY s DONALD R. VAN DER VAART Seeretory Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Diredor December 1, 2015 MEMORANDUM: AcElvelNC9 1NR/pWR TO: Chad Coburn 401 Wetlands 21015 DWR - WiRO wp��QualityR in a�io s g� al FROM: Heather Coats, Assistant Major Permits Coordinate e ,* ectic"al e NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsaC)-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Island Marina Enterprises, LLC c% Dennis Barbour Project Location: 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: to expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound 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 December 24, 2015. 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. rV wa_c C,;rown Cr 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 Nothing ComparesOCM WILMINGTO,N, NC �.� Slate of North Carolina I Environmental Quality I Coastal Management JAN 13 2016 127 Cardinal Drive 13M., Wihnington, NC 28405 910-796-7215 Water Resources ENVIRONMENTAL QUALITY January 12, 2015 Island Marina Enterprises, LLC Mr. Dennis Barbour 620 St. Joseph Street Carolina Beach NC 28428 Subject Property: 620 St. Joseph Street— Carolina Beach PAT MCCRORY Gow m. DONALD R. VAN DER VAART Secm aq S. JAY ZIMMERMAN New Hanover County DWR Project: 07-1617v2 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Barbour, Director You have our approval, in accordance with the attached conditions and those listed below, to impact 0.556 acres (24,200 square feet) of open waters to perform maintenance dredging and to expand an existing docking facility as described within your application received by the Division on December 7, 2015. 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: htti)://portal.nedenr.orWweb/wq/sn/ws/401/certsandi)ennits. 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: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying DCM WECEIVED ILMINGTON, NC State of North Carolina I Environmental Quality I Water Resources JAN 13 2016 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 620 St Joseph Street —Island Marina New Hanover County 2007-1617v2 with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 021-1.0501 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 021-1.0506 (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 021-1.0506 (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)] RECEIVED DCM WILMINGTON, NC JAN 13 2016 620 St. Joseph Street — Island Marina New Hanover County 2007-1617v2 7 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 teoo] am-oase. 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]. 8 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)]. 9 This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business 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: httn•//portal ncdenr org/web/wq/swp/ws/401 /certsandpernnits/app]v/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts 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 final 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 may be obtained from the OAH at bq://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 holidays). RECEIVED DCM WILMINGTON, NC JAN 13 2016 620 St. Joseph Street — Island Marina New Hanover County 2007-1617v2 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.Burdette(i� cn denr.gov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Cobumaa,ncdenr.aov. Sincerely, J egson Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office Heather Coats - DCM Wilmington WiRO RECEIVED DCM WILMINGTON, NC JAN 13 2016 Waxer Resources ENVIRONMENTAL QUALITY DWR Project No: Applicant: Project Name: PAT MCCRORY lln�crnnr DONALD R. VAN DER VAART S'vl ru{� 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: Agent's Certification Date: 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: If this project was designed by a Certified Professional Date: 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 Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: DCM WECEIVED ILMINGTON, NC State of North Carolina I Environmental Quality I Water Resources JAN 13 2016 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 Coastal Management ENVIRONMENTAL QUALITY MEM RANDUM: FROM: SUBJECT: Applicant: it, PAT MCCRORY Oovemor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Director December 1, 2015 Georgette Scott Stormwater Section DEMLR - WiRO /// Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a).ncdenr.aov Fax: 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review Island Marina Enterprises, LLC c% Dennis Barbour Project Location: 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: to expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound 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 December 24, 2015. 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 ogkILI DATE / Z RECEIVED DCM WILM NGTON, NC Nothing Compares.` DEC 1.0 2015 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent., Wilmington, NC 2905 910-796-7215 .... ....... -j Or - PAT MCCRORY Governor DONALD R. VAN DER VAART Secniary BRAXTON DAVIS Al ao, December 1, 2015 RECEIVED MEMORANDUM: DEC 0 TO: Tim Walton DOS Dept of Administration STATE PROPER7v State Property Office OFFICE FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Island Marina Enterprises, LLC c/o Dennis Barbour Project Location: 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: to expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound 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 December 24, 2015. 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. p L,OnlDo `rtZ4'_/ f ✓ This agency has no comment on the proposed project. J 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. f SIGNED�DATE 1�/ J._ DCM WILMINGTON, NC Nothing Compares DEC 2 g Stale of North Carolina I Environmental Quality I Coastal Management 2015 127 Cardinal Dave Eat., Wilmington, NC 28405 910-796-7215 U� PAT MCCRORY DEC ® 3 2615 DONALD R. VAN DER VAART fc- Scmf . Coastal Management t5?Cf~5 " "' t(7fFiGE ENVIR NMENT�IQUALITY BRAXTON DAVIS Otmwr December 1, 2015 t MEMORANDUM. TO Renee Gledhill -Early Dept of Cultural Resources Archives & History is-g/s FROM Heather Coats. Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext-. Wilm , NC 28405 heathercoatsQncdenrgov Fax; 395-3964 (Courier 04-l&33) SUBJECT CAMA / Dredge & Fill Application Review Applicant: Island Marina Enterprises, LLC c/o Dennis Barbour Project Location: 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County, Proposed Project: to expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound 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 December 24, 2015. 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 Y, 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 !dX " �JU1 DATE RECEIVED DCM WILMINGTON, NC -55` othing Compares..,.. DEC 1 0 2015 Store N" Nwnh Camino Mr Rma DEC D q 2015 1 `T L'W&W Dme Grl . Wdw [JW NC. 29405 Coastal Management ENVIRONMENTAL QUALITY December 1, 2015 PAT MCCRORY Governor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Director MEMORANDUM: RECEIVED TO: Shannon Jenkins NC DMF DEC 2 8 2015 Shellfish Sanitation Section FROM: Heather Coats, Assistant Major Permits Coordinattoor MHO CITY NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(c)-ncdenr.vov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Island Marina Enterprises, LLC c/o Dennis Barbour Project Location: 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: to expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound 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 December 24, 2015. 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. )< P� This agency approves of the project only if the recommended changes q}�0L are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Nothing Compares State of North Carolina I Environmental Miry I Coanal Management 127 Cardinal Die Ext., Wilmington, NC 28405 910496-7215 PAT MCCRORY Gavemnr DONALD R. VAN DER VAART K! -' Seuemry Marine Fisheries- LOUIS DANIEL ENVIRONMENTAL QUALITY Acw December 16, 2015 IJJ141A101 1:I•llIJA TO: Heather Coats, Assistant Major Permits Coordinator Division of Coastal Management From: Andy Haines, Environmental Program Supervisor Through: Patti Fowler, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA/DREDGE & FILL Permit Application Applicant: Island Marina Enterprises, LLC c/o Dennis Barbour Project Location: 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: To expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound The planned spoil disposal site for this project is not specified within the application. Because the dredge material is being removed from an area that is closed to shellfishing, discharges from the dewatering of the spoils into swimming waters between the months of April and October will cause a swimming advisory to be posted. Additionally, any discharge from the dredge spoils at any time into approved shellfishing waters will cause a shellfish closure. It is requested that our section be notified of the dredging plan and spoil disposal location prior to any dredging activity, so that we can determine at that time if a swimming advisory or shellfish closure is needed. State of North Caolm I Environmental Quality I Marina Fiche ies PO Bmr 76913441 Arendell St. I Morthead City, NC, 28557 252 726 7021 T RECEIVED DEC 2 8 2015 DCM- MHD CITY 1 Coastal Management ENVIRONMENTAL QUALITY - nD� December 1, v1� 1,1tct . MEMORANDUM: �AwS V14i'vtC. 'bCn TO: Aw4my+m "u' Wh��n NC DOT New Hanover County FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)-ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Island Marina Enterprises, LLC c/o Dennis Barbour Project Location: 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: to expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound 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 December 24, 2015. 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 C Z //"! DATE RECEIVED DCM WILMINGTON, NC Nothing Compares! DEC 0 7 2015 State of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Drrve Et, Wilmington, INC 28405 910-796-7215 wzL PAT MCCRORY Governor i DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director December 1, 2015 �23456�8 MEMORANDUM: ti DEC 2015OM TO: Maria Dunn RECEIVED u NCWRC For WiRO �� Pm Caaram FROM: Heather Coats, Assistant Major Permits Coordinator F��llZOd5�0 NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Island Marina Enterprises, LLC c% Dennis Barbour Project Location: 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: to expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound 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 December 24, 2015. 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 AA—, 1 DATE 12'I�'?JiS �Nothin Com ares�- RECEIVED 9 P DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 DEC 21 2015 910-796-7215 n Coats, Heather From: Jeremy Hardison <jeremy.hardison@carolinabeach.org> Sent: Friday, January 22, 2016 1:29 PM To: Coats, Heather Subject: RE: Island Marina Hi Heather, Carolina Beach does not have any objections to the proposal. Do you need the form? Jeremy Hardison Senior Planner Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Ph. (910) 458 2991 Fax: (910) 458 2997 Jeremv.Hard ison6cDcarolinabeach. or www.carolinabeach.org From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Friday, January 22, 2016 12:21 PM To: Jeremy Hardison Subject: Island Marina Hi Jeremy, I just wanted to check in on the status of your comments for the Island Marina project? I don't think I've received them yet. Thanks and happy Friday! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(ancdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 -: "-`Nothing Compares_.,. Email correspondence to and from this address is subject to the I Coastal Management I ENVIRONMENTAL QUALITY December 1, 2015 MEMORANDUM. PA'CMCCRORY Governor DONALD R, VAN DER VAART Seere,ary BRAXTON DAVIS PunseIOr TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa().ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Island Marina Enterprises, LLC c/o Dennis Barbour Project Location: 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: to expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound 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 December 24, 2015. 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. v 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. RECEi VEp DCM WILMINGTON, NC SIGNED '-�� -- DATE t�ll�/l5' DEC 9 8 2015 ---_ RECEIVED DEC 0 3 2015 !`/'Nothing Compares % _ Slate of N.Ah Carolim I EnYmttttental Quality I Coastal Management DCM- M H D CITY 127 Cardinal Dom Ext., Wilmington, NC 28405 910-796-7215 PAT.MCCRORY DONALD.R.-VAN-DER VAART 07 S-1.1y BRAXTON DAVIS CoastatMariagem t Dimctor MEMORANDUM:i Td: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Island Marina Enterprises DATE: 12/18/2015 A North Carolina Division of Coastal Management (DCM) Fisheries Resource 'Speciali - st,has.rjeviewed the subject permit application for proposed actions 'that,im I pact fish and -fish habitats.' The applicant proposes to extend the southern floating dock (15kx_6ft) to accommodate one slip, designate three slips at the northern floating -do . ck:with[H the basin, install 26 boatlifts within exisiing'slips; and have the ability to perform maintenance dredging within.t . existing ,,— i ll r ' ng footprint otbr nt authorized ln'936-04. The surrounding waters are classified as primary recreation (SBO) and closed to shellfish , harvest. by the NC Division of Marine Fisheries. The original permit agireement.determi.nedth,e n I eed fora pump out t station to b,e:maihtained throughout the life of the facility. Wth-thii separation ofAhL marina'into two entities, the applicant no longer has access to the pumpbut facility identified In-theo'n" original permit (06-04). The need existed to. provide safe and clean facilities to reduce the impacto . n water quality,_ and the absence of the, pump out facility Increases the potential forbolding tank'discharge to f6rtherimpair the surrounding waters. Therefore it is recommended that a pump -out , facilitVhe'c"ondi'tio'ned",�In'ad8itio6,,a moratorium on in w . ater work, to include dredgi ng, from '1 April o 30 September is remmrnehded to reduce the ,negative effects on critical fish life history activities" to include spawning Migrations and nursery functions. Contact Gregg Bodnar at (82) 808-2808 ext. 213 or Ft regg.bodnarftcdenngov with further questions. or concerns. �othing tomparesf. . 8ftle - ofNo . A . h Cmfi - on ('Environmental Q�Iitjl 400Co"1(oCtCeAw I Momboad City, North Caroliw28557. :_252:808-2808, PAT MCCRORY Govemor KT DONALD R. VAN DER VAART Secremry Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAMS Doeclor December 1, 2015 MEMORANDUM.' , >FrHeidi 0 �� Divfsi TO: Environmental nmental Engineer Cox WfRO PubGaWaResour Public Water Supply tersupres FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(ZDncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Island Marina Enterprises, LLC c% Dennis Barbour Project Location: 620 St. Joseph St., adjacent to the CB Yacht Basin / Myrtle Grove Sound, in Carolina Beach, New Hanover County. Proposed Project: to expand the docking facility and perform maintenance excavation of an existing marina basin within Myrtle Grove Sound 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 December 24, 2015. 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 DATE2S Nothing Compares. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 DCM WILMWG ON, NG DEC 15,2015 \ I Coats, Heather From: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, January 19, 2016 5:38 PM To: Coats, Heather Subject: RE: 2 projects in NHC — ISLE MAR-aNA Ok-it will probably be a couple of days (if that is alright).) need to track down the old file/conditions Have a good night! Liz ----Original Message --- From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Tuesday, January 19, 2016 5:33 PM To: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> Subject: [EXTERNAL] RE: 2 projects in NHC Thanks Liz, Can you please send me a copy of your conditions so I can include it in our file? Thanks again! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ---Original Message ----- From: Hair, Sarah E SAW[mailto:Sarah.E.Hair@usace.army.mil) Sent: Tuesday, January 19, 2016 5:16 PM To: Mairs, Robb L <robb.mairs@ncdenr.gov>; Coats, Heather <heather.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: RE: 2 projects in NHC Just to follow up on this one: I spoke with our OC this morning, and we should be good to modify this project by letter under a new Corps Action ID, with the understanding that all original conditions apply to the Island Marina Enterprises (formerly St. Joseph's Marina). Please copy me on the CAMA permit once issued, so I can add it to our files and reference the state permit # in our letter to Mr. Barbour. Thanks, Liz -----Original Message ----- From: Hair, Sarah E SAW Sent: Thursday, January 14, 2016 12:16 PM To:'Mairs, Robb L' <robb.mairs@ncdenr.gov>; Coats, Heather <heather.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: RE: 2 projects in NHC Ok-thanks for the clarification. I need to speak with our office of counsel about how we are going to go about this permit request. Splitting the project into a new action ID is a new realm for me. I'm thinking we should be ok with a permit modification letter to the applicant and not have to do a full blown 30-day public notice since the only change is the owner/applicant and the additional 15-foot X6 -foot floating dock. I'll let you know what I find out. Thanks, Liz ----Original Message ----- From: Mairs, Robb L [mailto:robb.mairs@ncdenr.gov] Sent: Thursday, January 14, 2016 8:48 AM To: Hair, Sarah E SAW <Sarah. E.Hair@ usace.army.mil>; Coats, Heather <heather.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: [EXTERNAL] RE: 2 projects in NHC Liz, The owner of Pelican Point received waivers from each adjacent riparian property owners, which is not common for sure. However, without the waiver from Island Marina, they would be very limited due to how the riparian lines come into play on this shoreline. I also believe it was due to the timing of the Pelican Pt. application submittal that Island Marina decided to submit a permit application to maintain the maintenance excavation of marina and extension of the docking space next to Pelican Pt. before the HOA of the new complex takes over, which we all know how it is to work with HOAs. Based on my interactions with the agent for the owner of Pelican Pt. and the owner of Island Marina during the application process, they do support each other's projects. Hope this helps and feel to give me a shout if you need any further assistance. Thanks, -----Original Message ---- From: Hair, Sarah E SAW [mailto:Sarah.E.Hair@usace.army.mil] Sent: Wednesday, January 13, 2016 5:49 PM To: Coats, Heather <heather.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: 2projects in NHC Does it seem strange to you all that the Island Marina project at CB proposes to extend their existing floating dock 15 feet towards the proposed floating dock of the Pelican Point project that we are currently reviewing? Not questioning riparian rights or anything like that, but the proposed structures seem awfully close, right? Maybe that is normal ... just looking for some clarification. Thanks, Liz -----Original Message ----- From: Hair, Sarah E SAW Sent: Thursday, January 07, 2016 5:47 PM To: 'Coats, Heather' <heather.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: 2 projects in NHC All, Just wanted you to know that I am working on the 2 projects below for Tyler: Island Marina Enterprises in Carolina Beach Corps Action ID: SAW-2004-00267 State permit no: 36-04 Federal Point Yacht Club in Carolina Beach Corps Action IID: unknown State permit no: 8-88 I haven't had a chance to review completely, but they both may end up being a 291. 1 haven't been able to locate the previous permits or file for FYPC yet. I'll be back in the office on Monday, and will let you know for sure then. Thanks, Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil "I January 21, 2016 Regulatory Division Action ID No. SAW-2016-00124 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Dennis Barbour to conduct maintenance dredging within an existing boat basin and expand and modify an existing docking facility. The applicant proposes to install a 15-foot long by 6-foot wide floating dock to the existing 70-foot long floating dock along the southern portion of the property, re-number/re-configure the existing number of slips to include an additional 4-slips, and install 26 boat lifts (slips #3 through # 28) within Myrtle Grove Sound. The property currently operates as a marina (formerly St. Joseph's) that includes an existing 31-slip docking facility which was previously authorized to conduct maintenance dredging as part of a larger project which also authorized construction activities on the adjacent property (to include the Carolina Bay Condominiums and the 77-slip marina along with new dredging). The current property owner of the Island Marina has requested a `new', separate authorization to reflect the change in ownership and independence from the Carolina Bay Condos and Marina. The project description has not changed from that of the original authorization. Additionally the applicant does not propose to conduct dredging activities at this time as per the application, current water depths are -7 feet MLW. This project is located at 620 St. Joseph Street, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in Carolina Beach, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.038526 N,-77.893408 W. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, / the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammaL/manatee guidelines.odf. RECEIVED DCM WILMINGTON, NC JAN 2 2 2016 -2- 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or , if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 5. Approval of the structure is based on determinations that there would be no f obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 6. The authorized structure and associated activity must not interfere with the`public's t right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 8. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in / the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 9. All mechanized equipment will be regularly inspected and maintained to prevent A contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic 991 materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 10. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 11. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 14. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 15. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 16. Violations of these conditions or violations of Section 404 of the Clean Water Act or 1112 Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the pemuttee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Copy Furnished Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 -5- Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 3 03 03 -8 960 Electronic Copy furnished: Mr. Chad Coburn, NC DEQ-DWR Ms. Heather Coats, NC DEQ-DCM Mr. Robb Mairs, NC DEQ-DCM r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 January 22, 2016 Regulatory Division Action ID No. SAW-2016-00124 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Dennis Barbour to conduct maintenance dredging within an existing boat basin and expand and modify an existing docking facility. The applicant proposes to install a 15-foot long by 6-foot wide floating dock to the existing 70-foot long floating dock along the southern portion of the property, re-number/re-configure the existing number of slips to include an additional 4-slips, and install 26 boat lifts (slips #3 through # 28) within Myrtle Grove Sound. The property currently operates as a manna (formerly St. Joseph's) that includes an existing 31-slip docking facility which was previously authorized to conduct maintenance dredging as part of a larger project which also authorized construction activities on the adjacent property (to include the Carolina Bay Condominiums and the 77-slip marina along with new dredging). This activity was authorized under Corps Action ID number SAW-2004- 00267/SAW-2005-00267 and State Permit number 36-04. The Carolina Bay Condo and Marina project will retain the original Corps Action ID number: The current property owner of the Island Marina has requested a `new', separate authorization to reflect the change in ownership and independence from the Carolina Bay Condos and Marina. The project description has not changed from that of the original authorization. Additionally the applicant does not propose to conduct dredging activities at this time as per the application, current water depths are -7 feet MLW. This project is located at 620 St. Joseph Street, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in Carolina Beach, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.038526 N,-77.893408 W. RECEIVED JAN 2 7 2016 DCM- MHD CITY -2- We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htto://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. 2. Dredging is not authorized between April 1- September 30, of any year, in order to project juvenile shrimp and finfish from dredge -related sedimentation and entrainment. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 6. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 8. Except as specified in the plans attached to this permit, no excavatiop, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulatRE664VE D within waters or wetlands or to reduce the reach of waters or wetlands. JAN 2 7 2016 DCM- MHD CITY i -3- 9. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 10. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 11. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 12. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 14. The permittee shall employ all sedimentation. and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as troutless in all I V E D the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or JAN 2 7 2016 DCM- MHD CITY MI saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Copy Furnished Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Doug Huggett G`ve0 Morehead City Regional Office North Carolina Division of Coastal Management 1p\6 400 Commerce Avenue Morehead City, North Carolina 28557-3421 OCM- i Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Electronic Copy furnished: Mr. Chad Coburn, NC DEQ-DWR Ms. Heather Coats, NC DEQ-DCM Mr. Robb Mairs, NC DEQ-DCM -5- RECEIVED JAN 2 7 2016 DCM- MHD CITY DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 January 22, 2016 Regulatory Division Action ID No. SAW-2016-00124 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Dennis Barbour to conduct maintenance dredging within an existing boat basin and expand and modify an existing docking facility. The applicant proposes to install a 15-foot long by 6-foot wide floating dock to the existing 70-foot long floating dock along the southern portion of the property, re-number/re-configure the existing number of slips to include an additional 4-slips, and install 26 boat lifts (slips #3 through # 28) within Myrtle Grove Sound. The property currently operates as a marina (formerly St. Joseph's) that includes an existing 31-slip docking facility which was previously authorized to conduct maintenance dredging as part of a larger project which also authorized construction activities on the adjacent property (to include the Carolina Bay Condominiums and the 77-slip marina along with new dredging). This activity was authorized under Corps Action ID number SAW-2004- 00267/SAW-2005-00267 and State Permit number 36-04. The Carolina Bay Condo and Marina project will retain the original Corps Action ID number. The current property owner of the Island Marina has requested a `new', separate authorization to reflect the change in ownership and independence from the Carolina Bay Condos and Marina. The project description has not changed from that of the original authorization. Additionally the applicant does not propose to conduct dredging activities at this time as per the application, current water depths are -7 feet MLW. This project is located at 620 St. Joseph Street, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in Carolina Beach, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.038526 N,-77.893408 W. RECEIVED JAN 2 7 2016 DCM- MHD CITY -2- We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.eov/nc-es/mammal/manatee guidelines.pdf. 2. Dredging is not authorized between April 1- September 30, of any year, in order to project juvenile shrimp and finfish from dredge -related sedimentation and entrainment. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For fiuher information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 6. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 8. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation paRE C E I V E D within waters or wetlands or to reduce the reach of waters or wetlands. JAN 2 7 2016 DCM- MHD Egli 9. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 10. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 11. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 12. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. . 14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such thR EC E I V E the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all JAN 2 7 2016 DCM- MHD 1n saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the pemvttee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Copy Furnished Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 RECEIVED JAN 27 2016 DCM- MHD CITY -5- Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Electronic Copy furnished: Mr. Chad Coburn, NC DEQ-DWR Ms. Heather Coats, NC DEQ-DCM Mr. Robb Mairs, NC DEQ-DCM RECEIVED JAN 2 7 2016 DCM- MHD CITY T DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 February 4, 2016 Action ID No. SAW-2016-00124 and State Permit No. 15-16 Mr. Dennis Barbour Island Marina Enterprises, LLC 620 St, Joseph Street Carolina Beach, North Carolina 28428 Dear Mr. Barbour: Reference your application for a Department of the Army permit to conduct maintenance dredging within an existing boat basin and expand and modify an existing docking facility. The proposal includes the addition of a 15-footiong by 6-foot wide floating dock to the existing 70- foot long floating dock along the southern portion of the property, re-number/re-configure the existing number of slips to include an additional 4-slips, and install 26 boat lifts (slips 43 through # 28) within Myrtle Grove Sound, The property currently operates as a marina (formerly St. Joseph's) that includes an existing 31-slip docking facility which was previously authorized to conduct maintenance dredging as part of a larger project which also authorized construction activities on the adjacent property (to include the Carolina Bay Condominiums and the 77-slip marina along with new dredging). This activity was authorized under Corps Action ID number SAW-2004-00267/SAW-2005-00267 and State Permit number 36-04. The Carolina Bay Condo and Marina project will retain the original Corps Action ID number. The project description has not changed from that of the original authorization. The project is located at the existing Island Marina, at 620 St. Joseph Street, in Carolina Beach, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordancewith applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties, If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. -2- Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, f Liz Hair Regulatory Project Manager Enclosures: CAMA permit GP 291 conditions Copies Furnished without enclosures: Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 .J Ms. Karen Higgins Division of Water Resources 401 &Buffer Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 , Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Electronic copies furnished: Mr. Chad Coburn, NC DEQ-DWR Ms. Heather Coats, NC DEQ-DCM Mr. Robb Mairs; NC DEQ-DCM '� DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Island Manna Enterprises, LLC c/o Dennis Barbour PROJECT NAME: Island Marina 2. LOCATION OF PROJECT SITE: 620 St. Joseph Street, located on Pleasure Island, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in Carolina Beach, New Hanover Co. Photo Index - 2006: 21-7377, 6, S-T 2000: 21-257, 6, S-T 1995: 21-239, S, 12 State Plane Coordinates - X: N/A Y: N/A Latitude:34°02'18.76"N Longitude:77°54'33.98"W 3. INVESTIGATION TYPE: CAMA/ D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-11/24/15 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received-11/9/2015 (Completed) Office - Wilmington 6. SITE DESCRIPTION: 8. (A) Local Land Use Plan - Town of Carolina Beach Land Classification From LUP- Developed (highground), Conservation (open water) (B) AEC(s) Involved: EW/ES/PT Water Dependent: Yes (D) Intended Use: Private/Commercial (E) Wastewater Treatment: Existing - Municipal sewer (F) Type of Structures: Existing - 31-slip marina basin, vinyl bulkhead, associated parking area and building Planned - Expansion of existing marina and maintenance excavation (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED QTFLER (A) Vegetated Wetlands (coastal wetlands) (B) Non -Vegetated Wetlands (Open water) -24,200 sq. ft. -50,000 sq. ft. 3,834 sq. ft. Incor orated (C) Other- High ground disturbance (D) Total Area Disturbed:-78,037 sq. ft. (-1.79 acres) (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No PROJECT SUMMARY: The applicant proposes to expand the docking facility perform maintenance excavation of an existing marina basin within Myrtle Grove Sound. RECEIVED DEC 0 3 2015 DCM- MHD CITY Island Marina Enterprises, LLC c/o Dennis Barbour Page 2 =1631:19lIt141*4a iltr'1; The project is located at 620 St. Joseph Street, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in the Town of Carolina Beach, New Hanover Co. To locate the project site from the Wilmington Regional Office (WiRO), travel from Wilmington to Carolina Beach south on College Road (NC Hwy 421) for approximately 12 miles south. Continue over Snows Cut Bridge on N. Lake Park Blvd. for approximately 1.2 miles south until you reach the comer of Saint Joseph's Street and N. Lake Park Blvd. Turn left onto Saint Joseph's Street and the project site will be on the right, just past Lees Lane. The applicant currently maintains the approximately 1.1 acre tract with elevations ranging from 3' to 7' above normal high water (NHW). The application states the owner currently maintains an existing 31- slip marina basin with an associated parking area and amenity building on the property. The project site is bordered by Carolina Bay Condominiums to the north and Inland Harbor Condominiums, following an unimproved Lees Lane 25' Right -of -Way/ HDI Holdings, LLC property to the south. The shoreline of the marina basin is stabilized by a vinyl bulkhead. The marina consists of two (2) main floating docks, one on each side of the basin, which includes 16 floating finger piers (8 on each side of the basin) and associated tie pilings to accommodate 30 wet slips. Slips # 1 and #2 have existing boat lifts installed, each measuring approximately 12' in length by 12' in width. There is an existing floating dock, measuring approximately 70' in length by 6' in width associated with the existing basin, which extends from the marina basin waterward of the Inland Harbor Condominium to the south parallel to the shoreline. This floating dock appears to accommodate one (1) large vessel. Between the shoreline of Inland Harbor Condominiums and the existing floating dock is an area of coastal wetlands approximately 25' in width consisting primarily of Smooth Cordgrass (Spatina altemlflora) in an area approximately 20' in width. Vegetation of the project site is currently maintained lawn grass and ornamental landscaping. Based on file review, the existing boat basin and marina was originally constructed through State Permit No. 3-83. The existing marina basin and the adjacent riparian property to the north, which includes an upland condominium complex, maintenance excavation and an open water marina were authorized under State Permit No. 36-04, which was originally issued to Saint Joseph Partners, LLC c/o Dick Hurst for Carolina Bay Condominiums for a total of approximately 77 slips total. State Permit No. 36-04 expired on November 10, 2015. The application states that the ownership of the two properties have become independently owned. State Permit No. 36-04 included that a pump -out facility to be installed and maintained for the life of the facility, which the application states is located at the Carolina Bay Condominium marina (See Sheet 1 of 2 and Project Narrative). The Town of Carolina Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of the Carolina Beach Yacht Basin are classified SB# by the Division of Water Resources. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. There may be submerged land claims in the project area. The applicant proposes to expand the docking facility perform maintenance excavation of an existing marina basin within Myrtle Grove Sound. Dimensions of the marina basin dredging limits would be approximately 225' in length by 87' in width and 185' in length by 25' in width to a final project depth of -7' @ normal low water (NLW), per the limits under State Permit No. 36-04. The applicant recently performed minor maintenance excavation due to shoaling located within the upper limits of the marina basin, which is the location of an existing storrnwater outfall pipe owned and maintained by the Town of Carolina Beach. Based on existing water depths within the existing marina basin and slips, the applicant is not requesting excavation at this point, but only the ability to retain the authorization to do so for future events. The application states that the disposal area of future events would be determined by a marine contractor and authorization from the property owner willing to accept the material. The applicant proposes a 15' in length by 6' in width extension to the south from the existing floating dock located waterward of the Inland Harbor Condominiums, aforementioned. The applicant states that this extension would allow this floating dock to accommodate an addition vessel. The applicant also proposes to designate an additional three (3) slips on the northern side of the most northern floating dock within the existing marina basin, which currently measures approximately 85 linear feet. The applicant also proposes to allow for the installation of 26 boat lifts (Slips # 3 through # 28 w' i ' ti a-sWs of the marina basin, each measuring approximately 12' in length by 12' in width (See Sheets 1 and 2 ive). DEC 0 3 2915 DCM- MHD CITY Island Marina Enterprises, LLC c/o Dennis Barbour Page 3 10. ANTICIPATED IMPACTS The proposed floating dock extension would incorporate an approximately 90 sq. ft. of Estuarine Waters and Public Trust Area. As proposed in the application, the proposed 15' extension of the floating dock would accommodate an additional vessel. The proposed designation along the northern side of the existing floating docks would increase the total number of slips from 31 to 35 slips. The installation of boat lifts within existing slips within the marina basin would incorporate approximately 3,744 sq. ft. of Estuarine Waters and Public Trust Area, and does not appear to encroach into the Town of Carolina Beach historical pier headline nor the setback from the USAGE AIWW. The proposed boat lifts would not encroach into the adjacent 15' riparian corridor setback requirements. The proposed floating dock would not exceed the Town of Carolina Beach historical pier head line nor the setback from the USAGE AIWW. The proposed floating dock would encroach into the adjacent 15' riparian corridor setback requirement to the south; however, the applicant has received waivers from the adjacent riparian property owners for the encroachment of these proposed structure (HDI Holdings, LLC). The application states that no pump -out facilities are proposed, but signage would be available to the nearest public facilities located at the Town of Carolina Beach municipal docks and at Federal Point Yacht Club. The proposed maintenance excavation would impact approximately 24,200 sq. ft. of shallow bottom area previously excavated through State Permit No. 3-83 and State Permit No. 36-04. Based on existing water depths within the existing marina basin and slips, the applicant is not requesting excavation at this point, but only the ability to retain the authorization to do so for future events. The application states that the disposal area of future events would be determined by a marine contractor and authorization from the property owner willing to accept the material. There would be increased turbidity levels during project activity. RECEIVED DEC 0 3 2015 DCM- MHD CITY Submitted by: Robb Mairs Date:11/30/2015 Office: Wilmington Uld ISLAND MARINA ENTERPRISES, LLC 620 St. Joseph St. Carolina Beach, NC 28428 NC Division of Coastal Management Attn: Mr. Maris 127Cardinal Dr. Extension Wilmington, NC 28405 The following is the requested narrative accompanying the Major permit for Island Marina Enterprises (Island Marina): Island Marina (originally St. Joseph Marina) and Carolina Bay Condos and Marina were constructed in 2005 under NCDENR Major Permit No. 36-04. Both marinas operated under the same permit. In subsequent years, the 2 marinas became independently owned and operated. Upon recent discovery of one permit for both properties, when requesting a minor modification to Permit 36-04, it was recommended Island Marina submit an application for a new Major Permit to clarify and identify the needs of Island Marina. Also, Permit no. 36-04 is due to expire November 15, 2015 and is currently issued to Island Marina. In the attached application, Island Marina is requesting the following: 1) Approval to extend the Southern most floating dock approximately 15' south, to the Island Marina property line. A waiver of riparian rights has been granted by HDI Holdings, the adjacent property owner and the waiver has been filed with NCDWQ. 2) Approval of a renewal for maintenance dredging for the basin and docks of Island Marina. Shoaling occurs inside the basin as a result of a storm water pipe that runs under Island Marina property from Hwy 421 and St Joseph St and discharges into Island Marina. Island Marina parking lot storm water is collected and contained onsite. H�=LtIVED RECEIVED DGM WILMINGTON, NC DEC 0 3 2015 NOV 0 9 2015 DCM- MHD CITY fh 3) Approval to re -number all boat slips and delineation of 4 boat slips on "existing" floating docks that were not included or were incorrectly identified on the 2007 map. In the original layout from 2007 map of the marina, there were no slip numbers assigned to slips along the North side of the North dock (running east to west). Also, the southern 72' dock (running north to south) was shown as one slip instead of two slips. 4) Approval to add 26 additional boat lifts and support pilings in the existing 26 boat slips "inside" the basin of Island Marina. All additional 26 boat lifts will be in 25' boat slips, intending to accommodate boats of 25' or less. There are currently 2 boat lifts in Island Marina. In 2015, an updated survey was performed for Island Marina. Item 1 and 3 above will be reflected on new survey. If there is anything I may provide additional information, please contact me at the number listed below. Thank You, Dennis Barbour 910-470-5041 RECEIVED GCRECVED M WI MINGTON,, NC DEC 0 3 2015 NOV 0 9 2015 DCM- MHD CITY DECKS TO BE REMOVED .17-X17 'GAZEBOTO REMAIN A, c ) z W 0 > 13,2 SF DECKING IN 30- BUFFER EXISTING ...= W ZO — a PROPOSED 0 RETAININGWALL (RW) c) EXISTING �autNN, A 6.-WI-6^ARDWAL:TOPft0%S9 7� 7r -57 at 'UWN - 4 ERHEAD LIRE�. ;a 2, -."D 3ING TO -6'MLW 7123 IOUT SHOWN TO MmSL'-M-W9MSL- `40 ORIGINAL REQUESTED DREDGE DOAREA .6416 Cy 9- Zal t J;O)SED FLOAlING-. SYSTEM a ;�.j a SCALE 1 40' 1CP -a PA SAY CONDOMINIUM MARINA CD j. I)CMWILMING .4aBEPH PARTNERS, LLC R— as T LAN REVISIONS jF —FIAT 3 0 2007 4n7105 MAINING REQUESTED DREDGE AREA.3074 CY tjAjvr I Coastal Management ENVIRONMENTAL QUALITY December 1, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 itz PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Re: Major Public Notice for Island Marina Enterprises / New Hanover County Kyle & Heather: Please publish the attached Notice in the Thursday, December 3, 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 Assistance Nothing Compares RECEIVED DEC 0 3 2015 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-7967215 ly- NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On November 9, 2015, Island Marina Enterprises, LLC proposes to expand a docking facility and perform maintenance excavation at an existing marina basin at 620 St. Joseph St, adjacent to the Carolina Beach Yacht Basin /Myrtle Grove Sound, in Carolina Beach, New Hanover County. A copy of the application 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 January 24, 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. RECEIVED DEC 0 3 2015 DCM- MHD CTY Nothing Compares-., State of North Carolina I Environmental Quality I Comuti Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY November 30, 2015 Dennis Barbour c/o Island Marina Enterprises, LLC 620 St. Joseph Street Carolina Beach, North Carolina 28428 Dear Mr. Barbour: ftz- PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at your property located at 620 St. Joseph Street, adjacent to the AIWW/Myrtle Grove Sound, Carolina Beach, in New Hanover County. It was received as complete on November 9, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 25, 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 November 9, 2015, 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. e Y. �� Robbai� %'fJj � Field Representative cc: Heather Coats, DCM RECEIVE Doug Huggett, DCM Tyler Crumbley, USACE Chad Coburn, DWR DEC 0 3 2015 Jeremy Hardison, LPO TOCB -5�-'^NothingCompares�_ DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 T 1 (01* 1701 W W NU Ix AMA PERMIT APPLIED FOF! PROJECT:-� eX r. arin Grove . rile in Carolina Beach, New Hanover Co. COMMENTS ,C,C PD THROUGH n_ , - 1 y �Imffiz APPLICANT: Island Marina Enterprises, LLC c/o Dennis Barbour 620 St. Joseph Street Carolina Beach, INC 28428 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �t INC niv of Coastni Managemgnt 127 Cardinal Dr Extensien Wilmington, NC 28405 Rabb_ Mamr�7 Field Representative 910-796-7423 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: _DC N N 1 S 3 A f2'5 A u R - Address of Property: 1 Zb 5r �'a�Eps� gz- CRi20L&A'9&A u ts„�FIANovzR (Lot or Street #, Street or Road, City & County) Agent's Name #: PhA Mailing Address: Agent's phone #: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. ✓ I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you mustnotify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive at, W imington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215, No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back aminimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED DCM WILMINGTON, NC N A I do wish to waive the 15' setback requirement. N 0 V 2 3 2015 N A I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature Print or Type Name 40 ,:2 0 S-r Malling Address QAROIL4NN IRG,A Lti1�N.C. OtylState2lp lgl-b -4'7o - S nat Telephone Number 1 Ar� here (Adjacent Property Owner Information) rSoa2l� ��[ QF.iC- CA2oc 1014 BAY 40A Print or Type Name 6 30-- 1 n TOs61217" S i Mailing Address CA1?0"1V,J f RECEIVED CitylstatelLip Rio - 76 i- Zap z DEC 03 ?915 Telephone Number li -1 - S' DCM,- AHD CITY A Ia., Revised 611812012 ltz, ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIERIMOORIIVG PILLYGSBOATLIFTBOATHOUSE) I hereby certify that I own property adjacent to 'DE:N m , Y 4A a U o u ra %cAM o MA a, .,r a (;`lame of PropertyOwner) property located at R o S $1 S- o e r; - e tri or-, Sr a s P S r, (Lot, Block, Road, etc.) on 14 4 R:r-c C1 "4 E S ol, 4 o > in i t - rr pia zL,yP N.C. (Waterbody) (Town and/ r County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooring pilings / boatlift / boathouse must be set back a minimum distance of fifteen feet (15') from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do not wish to waive swish to waive that setback requirement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) }� !'JZa Pao Sr(!n to �TGr? %d' Exis'Ti.NG FC.o s1'TING Dc Llc 7o f�i[a PF2?'Y .�/NE St PA2/JT INC-`CS,tla nr r� Afv v Hb 27 NOe o/.r QS - RECEIVED DEC 0 3 2015 DCM- MHD CITY If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext. Wilmington, NC DCM representatives can also be contacted ar(910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail (Information for Property Owner/Applicant Applying for permit) 6,:ZO S7r T-oar pN 97' Mailing Address Cl k 0L-/NA CN "c 218411D $ City/State/Zip (Riparian er Owner Information) Signature Tz , Qa;e_J- Print or Type Name 9/0- 4'70— 5 64VI RECEIVi=09lQ --7q9 —(,ciop Telephone Number DCM WILMINGTON, NC Telephone Number DLO� NOV 0 9 2015 11 \"15--_ Signature Date Date T'.5tl9r+r> A<Aff_irtla FNi�Yzt�rL�SrS, LLB RECEIVED, DCM WILMINGTON, NC 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910.796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagementl` QtV 0 4 2015 An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Permit Class TRANSFER Permit Number 36-04 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission V ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Island Marina Enterprises, LLC, 620 St. Joseph Street, Carolina Beach, NC 28428 Authorizing development in New Hanover County at Carolina Beach yacht basin and AIWW, at 600 700 and 710 Saint Josephs Street in Carolina Beach, as requested in the permittegs letter dated This permit, issued on .Tune 5, 2015 , 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. 1) This transfer shall be attached to copies of the following attached permit documents, which includes all application forms and workplan drawings: RECEIVEDa. Permit 36-04 issued to St. Josephs Partners, LLC on 2/27/04, b. the major modification issued 7/19/05, DEC 0 3 2015 c. the minor modification issued 7/23/07, and d. the transfer/renewal issued 2/20/09 DCM- MHD CITY 2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project for compliance. In accepting this transfer, the new permittee agrees that all conditions and stipulations of the active permit remain in force. NOTE: A permit transfer application processing fee of $100 was received by DCM for this project. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on November 10, 2015 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. r `.... Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. DCM WILMINGTON. NC NOV 0 a 2015 Signature ofPermittee .. �. _ ._. _ _ 0. < _ I. .. 1 F� . #.:. ISHEO TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 4Rti{fiR{;41M{fitf;#Rft{{ft#{ytf#{R1kfit#f#fit##tiff;RRH#Rt#{fflfiRytHRtt{#ttt#R#1f#yfff{{tt#Rt#ff#{{1f{fit#f{#tt#{;fM;{fR Filed For Registration: Book: Document No.: Recorder: 03/20/2016 11:53:59 AM RE 5875 Page: 940-943 2015007460 4 PGS $26.00 CRESWELL,ANDREA State of North Carolina, County of New Hanover RECEIVED DEC 0 3 2015 DCM- MHD CITY PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. C , ' 2015007460 RECEPrEF) RECEIVED DCM WILMINGTON, NC NOV 0 9 2015 LEGAL DESCRIPTION Commencing at the intersection of the eastern boundary of the sixty (60) foot public right-of-way of St. Joseph Street and the northern boundary of the right-of-way of Lee's Lane; running thence with the northern boundary of the right-of-way of Lee's Lane South 88° 33' 52" East a distance of 362.17 feet to the point and place of BEGINNING, running thence North 05° 38' 09" West a distance of 80.50 feet to a point; running thence North 86' 14' 19" West a distance of 152.06 feet to a point; running thence North 03' 58' 15" East a distance of 109.62 feet to a point; running thence South 86' 01' 45" East a distance of238.91 feet to a point; running thence South 10' 43' 54" West a distance of 121.62 feet to a point; running thence South 120 23' 22" West a distance of 63.04 feet to a point, running thence South 87' 55' 30" West a distance of 50.15 feet to the point and place of BEGINNING. RECEIVED RECENED DEC 032015 11IR1`''-P15 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC NOV 0 9 2015 N" IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in the manner prescribed by law, as of the day and year first above written. CB MARINA, LLC By: Vincent Olivadese Member and Manager COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Vincent Olivadese, Member and Manager. Date: March j 11 , 2015 AAtA b ' Notary Public MY commission expires: L% 2, (�' Notary's Printed or Typed Name RECEIVED DEC 0 3 2015 DCM- MHD CITY ?ECFNEp _Tn 1 6 7% RECEIVED DCM WILMINGTON, NC NOV o 9 2015 ,\3 2015007460 IIIII I FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY. NC 2015 MAR 20 11:53:59 AM BK:5815 PG:940-943 FEE426.00 DONE � 2Q15N% Prepared by: DESC: St Joseph St & Lee's Lane If checked, the property Clark, Newton & Evans, P.A. PIN: R08818-006-016-000 includes the primary residence of at 509 Princess Street, REV: $-0- least one of the parties defined as Wilmington, NC 28401 Grantor (NCGS §105-317.2) 910.762.8743 NO TITLE OPINION OR TAX ADVICE GIVEN BY PREPARER NORTH CAROLINA NEW HANOVER COUNTY 10 [010 Rrir/e1:1:I_0 Z I era NJ:I:I : THIS NON -WARRANTY DEED, made this the day of March, 2015, by and between CB Marina, LLC, a North Carolina Limited Liability Company with an address at 842 Emerald Dunes Rd., Wilmington, N.C., Grantor, and Island Marina Enterprises, LLC, Grantee, a North Carolina limited liability company with an address at 511 Clarendon Blvd., Carolina Beach, NC 28428. The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described on Exhibit A attached hereto and by this reference made a part hereof. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and RECENED appurtenances thereto belonging to the Grantee in fee simple, but without any warranty, .I?;? A 6 express or implied, being given by Grantor whatsoever as to title or condition of the subject property. ; rs''rV�!ec'1v FURTHER, that this property is sold subject to the lien of ad valorem real property taxes and assessments for the current year and for subsequent years; all easements, covenants, conditions, restrictions, and other agreements of record against the property conveyed hereb all matters which would be disclosed by a recent and accurate survey of the propeAWE-®by; zoning, land use and building laws, regulations and ordinances. 1 E C E I V E E) DEC 0 3 2015 DCM WILMINGTON�N` ,tC, NOV 0 11) 2015 DCM- MHD CP o Y NTY: 2 3 z 0 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 *kfth%*ktt;fi**tRi*Rk*tf**NetfiRhkRRktth4Rtki%;k*Rf**h*tfiH%Rtt%#**t*ff##f*Rft;f4**tttt%*feRt*f***Riff%R#*R%%%*R*R%*%*#i%R% Filed For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX: Recorder: 03/20/2015 11:53:69 AAA RE 5875 Page: 936-939 2015007459 4 PGS $26.00 $1,100.00 CRESWELL, ANDREA State of North Carolina, County of New Hanover RECEIVED DEC 0 3 2015 DCM- MHD CITY PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. RECENED 2015007459 RECEIVED DCM WILMINGTON, NC 2015007459 NOV 0 9 2015 e Exhibit A LEGAL DESCRIPTION BEING 0.44 acres, more or less, and being TRACT B on the division map of St. Josephs Partners recorded in Map Book 48, Page 7, New Hanover County Registry. Being a portion of the property conveyed from Mona Faye C. Black (an unmarried person) and Mona Faye Black Jones and husband, Michael Shane Jones to St. Josephs Partners, LLC by Warranty Deed recorded in Book 4199, Page 631, New Hanover CountyRegistry. ?CCEIVED �Ii,' " N15 RECEIVED DEC 0 3 2015 RECEIVED DCM- MHD CITY DCM WILMINGTON, NC NOV 0 9 2015 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 kR#RRtt#iiftkRtffkttY#RYktf R#kiffiikf##fRk#kkffMkYikttfktfkiif#fikRt'.FktfMkkff#ktttkkkt#RR#kk#kRY##kR#Y#kk#iRY#kk#t#i#fY Filed For Registration: Book: Document No.: Recorder: 03/20/2015 11:53:59 AM RE 5876 Page: 940-943 2015007460 4 PGS $26.00 CRESWELL, ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. 2015007460 RECEIVED DEC 0 3 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC NOV 0 9 2015 Exhibit A LEGAL DESCRIPTION BEING 0.44 acres, more or less, and being TRACT B on the division map of St. Josephs Partners recorded in Map Book 48, Page 7, New Hanover County Registry. Being a portion of the property conveyed from Mona Faye C. Black (an unmarried person) and Mona Faye Black Jones and husband, Michael Shane Jones to St. Josephs Partners, LLC by Warranty Deed recorded in Book 4199, Page 631, New Hanover County Registry. RECEIVED RECEIVED DEC 0 3 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC NOV o 92015 defend the title against the lawful claims of all persons claiming by, under, or through Grantor, except for the exceptions hereinafter stated: 1. Ad valorem taxes for 2015 and subsequent years; 2. Liens and encumbrances of record, if any; 3. Rights of way and easements of record, if any; 4. Zoning and/or subdivision ordinances and regulations, if any; and 5. Restrictive covenants of record, if any. 6. Liens and encumbrances arising before Grantor took title IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the manner prescribed by law, as of the day and year first above written. CB MARINA, LLC BY: Vincent Olivadese, Member and Manager COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Vincent Olivadese, Member and Manager. Date: Marc L� h2015. C9,qA-MAAA Notary Public [OFFICIAL SEAL] My commission expires: �/ Notary's Printed or Typed Name - / �7 RECEIVED [SEAL] DEC 0 3 2015 DCM- MHD CITY RECEIVED RECEIVED DCM WILMINGTON, NC NOV 0 9 2015 Prepared by and Return to: Clark, Newton & Evans, P.A. 509 Princess Street, Wilmington, NC 28401 910.762.8743 NORTH CAROLINA DESC: Tr B MB 48 Pg 7 PIN: R081C8�00051-000 REV: $_ COUNTY OF NEW HANOVER FOR REGISTRATION REGISTER OF DEEDS TWINY THEUSGH BERSI.EY NEW HANOVER COUNTY. NC 2015 MAR 20 11:53:59 AM BK:5875 PG.936-939 FEE:$26.00 NC REV STAMP:S1,100.00 INSiRUI�ENi 41�150014a9 If checked, the property includes the primary residence of at least one of the parties defined as Grantor (NCGS §105-317.2) SPECIAL WARRANTY DEED 1 441 THIS SPECIAL WARRANTY DEED, made effective the day of March, 2015, by and between CB MARINA, LLC, a North Carolina limited liability company with an address at 8517 Emerald Dunes Rd., Wilmington, NC 28411 (Grantor), and Island Marina Enterprises, LLC, a North Carolina limited liability company with an address at 511 Clarendon Blvd., Carolina Beach, NC 28428 (Grantee). The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described as follows: BEING 0.44 acres, more or less, and being TRACT B on the division map of St. Josephs Partners recorded in Map Book 48, Page 7, New Hanover County Registry, to which map reference is made for a more particular description, and further being the identical tract or parcel of land conveyed to Grantor by deed dated May 5, 2014, and recorded in Book 5814, Page 1019, New Hanover County Registry. RECEP✓ED TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and w•� ems: q appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that Grantor has done nothing to impair suclREVICEIT"v"Mreceived, and Grantor will warrant and RECEIVED, Fc DEC 0 3 2215 DCM WILMINGTON, NOV 0 9 2015 LG1�'�s `` C<:t l i•1) DCM- MHD 0"'TY niffin 2 �I �" A 0 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 *#*f#;fi;f*ff*#ff*;RR;f:Mf#f;f#f*it3iR*#fRH**R*3R*#RR#R*#fff#*ffR##f*ifftifff#*3*!#f*#*f1#**1;ft#;tff*it*Rf1*;*f*ft#tf Filed For Registration: Book: Document No.: Recorder: 03/20/201511:53:59 AM RE 5875 Page: 932-935 2016007458 4 PGS $26.00 CRESWELL, ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. 2015007458 RECEIVED DEC 0 3 2015 DCM- MHD CITY RECE[VED ali'R ,15 T015 �Ft�ray� �mr RECEIVED DCM WILMINGTON, NC ivov o 9 2015 EXHIBIT A Tract One All right, title and interest of the Grantor in any and all riparian rights that may exist in conjunction with that certain 44 acre tract, more or less, being TRACT B on the division map for St Joseph's Partners recorded in Map Book 48, Page 7, New Hanover County Registry(" Tract B'); provided that Grantor makes no warranties of any kind regarding said riparian rights Tract Two• All right, title and interest of the Grantor in any bulkheads adjoining Tract B; provided that Grantor makes no warranties of any kind regarding said bulkheads Tract Three - All right, title and interest in any rights or claims to submerged lands adjoining Tract B, provided that Grantor makes no warranties of any kind regarding said submerged lands or claims thereto. Tract Four. All right, title and interest of the Grantor in Boat Slips Nos 1-13, 15-30, and 32, Inland Harbour Yacht Club, Carolma Beach, North Carolina, provided that Grantor makes no warranties ofany land regarding said Boat Slips TractFive- All right, title and interest of the Grantor in that Easement granted by the State of North Carolina recorded in Book 5394, Page 2189 of the New Hanover County Registry RECEIVED DEC 0 3 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC NOV 0 9 2015 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in the manner prescribed by law, as of the day and year first above written. CB MARINA, LLC Vincent Olivadese, Member and Manager COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Vincent Olivadese, Member and Manager. Date: March I Q , 2015 A,/LAZ Notary Public E ✓,4,2Ll e, Notary's Printed or Typed Name RECEIVED DEC 0 3 2015 DCM- MHD CITY RECEIVED REC:EIVCD DCM WILMINGTON, NC NOV 0 9 2015 1111111111111111 2015007458 FOR REGISTRRTIDNTAMREGISTER OF DEEDS NEW NHpNOVE' C..T" ENC 2015 MAR 20 11:53:59 AM BK:5875 PG:932-935 FEE:$26.00 Prepared by: DESC: 5 Tracts St Joseph's Marina If checked, the property Clark, Newton & Evans, P.A. PIN: R08818-006-016-000 and includes the primary residence of at 509 Princess Street, R08818-006-051-000 least one of the parties defined as Wilmington, NC 28401 REV: $-0- Grantor (NCGS §105-317.2) 910.762.8743 NO TITLE OPINION OR TAX ADVICE GIVEN BY PREPARER NORTH CAROLINA NON -WARRANTY DEED NEW HANOVER COUNTY C -/h THIS NON -WARRANTY DEED, made this the / day of March, 2015, by and between CB MARINA, LLC, a North Carolina limited liability company with an address at 8517 Emerald Dunes Rd., Wilmington, NC 28411 (Grantor), and Island Marina Enterprises, LLC, a North Carolina limited liability company with an address at 511 Clarendon Blvd., Carolina Beach, NC 28428 (Grantee). The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described on Exhibit A attached hereto and by this reference made a part hereof. RECEIVED TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges andr� r3ie a +ry appurtenances thereto belonging to the Grantee in fee simple, but without any express or implied warranties given by Grantor as to title or condition of the property whatsoever. FURTHER, that this property is sold subject to the lien of ad valorem real property taxes and assessments for the current year and for subsequent years; all easements, covenants, conditions, restrictions, and other agreements of record against the property conveyed hereby; �I would be disclosed by a recent and accurate survey of the prope by; zoning, land use and building laws, regulations and ordinances. I t i= --E=1 v �--- L, DEC 0 3 2015 DCM WILMINGTON, ��� � , t C` DCM- MHD CITY NOV n q 7.015E TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 t#i#4tt11##;#fHR#Rtttt#f4R#R##tRttt#it##t4Rtttf;#i#Rf#f#RRtt;#fffffRRR#ttMtittlff;t#t;f4ttfttftt;t11f1f#Htttttt;tff#f Filed For Registration: Book: Document No.: Recorder: 03/20/2015 11:53:59 AM RE 5875 Page: 927-931 2015007457 5 PGS $26.00 CRESWELL,ANDREA State of North Carolina, County of New Hanover RECEIVED DEC 0 3 2015 DCM- MHD CITY RECEIVED PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. 40 2 15 00" 77 RECEIVED DCM WILMINGTON, NC 2015007457 Nov o 9 2015 the same property conveyed to Mona Faye Black and Mona Faye C. Black by deed recorded in Book 1627 at Page 665, New Hanover County Registry. Tract Two Being all of that real property described in that Special Warranty Deed recorded in Book 1627 at Page 670, New Hanover County Registry. As to Tract Two, the Grantors make no warranties of any kind whatsoever except that the Grantors Mona Faye Black and Mona Faye C. Black Jones, for themselves, their heirs, executors and administrators, do covenant to and with the Grantee, its successors and assigns, that said Grantors have done nothing to impair such title to the property described herein as said Grantors received, and said Grantors will warrant and defend title to same against the lawful claims of all persons claiming Grantors do not warrant in any manner executors whatsoever anyporton of Tract Two lying below the mean high water line of tidal waters. Tract Three All right, title and interest of the Grantors in any and all riparian rights that may exist in conjunction with Tract One and Tract Two; provided, that Grantors make no warranties of any kind whatsoever regarding said riparian rights. Tract Four . any bulkheads ng Tract ne and Tract prll right, title and interest of the Grantors in ovided, that Grantors make no warranties of any kind what oe�erlregardingOsa d bulkheads. Tract Five All right, title and interest of the Grantors in any rights or claims to submerged lands adjoining Tract rs make no warranties of any kind whatsoever regarding One and Tract Two; provided, that Granto said submerged lands or claims thereto. Tract Six All right, title and interest of the Grantors in Boat Slip nos. o warranties of any kind regarding Inland Harbour Yacht Club, Carolina Beach, North Carolina; provided, that Grantors make no w said Boat Slips. Trac_ tSe_=en ctitle Book 5394, Page 21 9 of the New Hanovercounty etReg stye State of North Carolina reorded in 55940149_2 RECEIVED `'-`EIVFD DEC 0 3 2015 ,, "FiE&EIVED 'VI IINGTON, NC DCM- iIHD CITY NOV o 9 2015 at - EXHIBIT A LEGAL DESCRIPTION Tract One Commence at an existing concrete monument located in the east R/W line of St Joseph's Street (60' Public R/W) at its intersection with the north R/W line of Lees Lane (25' R/W), thence from said commence point along and with the east R/W line of St Joseph's Street (60' Public R/W) North 02 degrees 04 minutes 43 seconds West a distance of 91.94 feet to an existing iron pipe, the Point of Beginning; thence from said Point of Beginning along and with the east R/W line of St. Joseph's Street (60' Public R/W) North 02 degrees 03 minutes 22 seconds West a distance of 308.33 feet to an existing concrete monument in the south line of the now or formerly St. Josephs Partners, LLC Tract as recorded at Book 4108 Page 777, New Hanover County Registry; thence along and with the south line of the now or formerly St Josephs Partners, LLC Tract as recorded at Book 4108 Page 777, New Hanover County Registry North 87 degrees 55 minutes 53 seconds East a distance of 254.95 feet to an existing concrete monument in the western line of the now or formerly Black Tract as recorded at Book 1627 Page 0670, New Hanover County Registry; thence along and with the western line of the now or formerly Black Tract as recorded at Book 1627 Page 0670, New Hanover County Registry the following courses and distances, South 02 degrees 22 minutes 08 seconds East a distance of 10.02 feet to a point; thence North 88 degrees 03 minutes 53 seconds East a distance of 39.37 feet to a point; thence south 10 degrees 45 minutes 19 seconds East a distance of 161.30 feet to a point in the northern line of Tract B, Inland Harbour Homeowners Association, Inc. as recorded at Book 1627 Page 0665, New Hanover County Registry; thence leaving the western line of the Black Tract and along and with the northern line of Tract B, Inland Harbour Homeowners Association, Inc. as recorded at Book 1627 Page 0665, New Hanover County Registry the following courses and distances, South 87 degrees 23 minutes 28 seconds West a distance of 41.37 feet to an existing iron pipe; thence South 02 degrees 07 minutes 57 seconds East a distance of 29.26 feet to a point; thence South 87 degrees 34 minutes 43 seconds West a distance of 71.72 feet to an existing iron pipe; thence North 01 degrees 38 minutes 34 seconds West a distance of 26.74 feet to an existing iron pipe; thence South 87 degrees 55 minutes 09 seconds West a distance of 90.22 feet to an existing iron pipe in the western line of Tract B, Inland Harbour Homeowners Association, Inc. as recorded at Book 1627 Page 0665, New Hanover County Registry, thence along and with the western line of Tract B, Inland Harbour Homeowners Association, Inc. the following courses and distances, South 01 degrees 52 minutes 42 seconds East a distance of 93.90 feet to a point; thence North 88 degrees 04 minutes 45 seconds East a distance of 63.52 feet to an existing iron pipe; thence South 02 degrees 12 minutes 04 seconds East a distance of 91.39 feet to a point in the northern line of Tract A, Inland Harbour Condominiums, Phase I as recorded at Book 1627 Page 0665, New Hanover County Registry, and also recorded at Condo Book 6 Page 185, New Hanover County Registry; thence along and with the northern line of Tract A, Inland Harbour Condominiums, Phase I as recorded at Book 1627 Page 0665, New Hanover County Registry, and also recorded at Condo Book 6 Page 185, New Hanover County Registry the following courses and distances, South 87 degrees 53 minutes 38 seconds West a distance of 112.26 feet to an existing iron pipe; thence North 02 degrees 12 minutes 22 seconds West a distance of 50.06 feet to a point; thence South 87 degrees 59 minutes 38 seconds West a distance of 66.78 feet to the Point of Beginning, containing 1.80 Acres, more or less. Being RECEIVED RECEINERECEIVED DCM WILMINGTON, NC ":> DEC 0 3 2015 iin o 9 2015 j %C] 1"iiiJ -M, DCM- MHD CITY IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in the manner prescribed by law, as of the day and year first above written. CB MARINA, LLLLC BY: Vincent Olivadese Member and Manager �� ti1E�� COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Vincent Olivadese, Member and Manager. q Date: March I , 2015 Notary Public �/Jt��'� S Notary's Printed or Typed Name My,commission expires: RECEIVED DEC 0 3 2015 DCIV4- MHD CITY RECEND n "_ J N RECEIVED DCM WILMINGTON, NC Nov 0 9 2015 11111111111111 2015007457 FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSCH BEgsLTEY NEW HgNOVER COUNTY, NC 2015 MAR 20 11:53:59 AM BK:5875 PG:927-931 FEE: $26.00 INS�UPIENi 11N156RE Prepared by: DESC: 7 Tracts St Joseph's Marina If checked, the property Cla509rPr Princess Street, P.A. 006-016-000, and Pa of R 8818- least do ees t of the parties he primary s E I V E D Wilmington, NC 28401 006-050-000 and R08818-006-015- Grantor (NCGS §105-3172) 910.762.8743 000 REV: $-0 DEC 0 3 2015 NO TITLE OPINION OR TAX ADVICE GIVEN BY PREPARERDCM- MHD CITY NORTH CAROLINA NON -WARRANTY DEED ?; NEW HANOVER COUNTY / THIS NON -WARRANTY DEED, made this the � I day of March, 2015, by and between CB MARINA, LLC, a North Carolina limited liability company with an address at 8517 Emerald Dunes Rd., Wilmington, NC 28411 (Grantor), and Island Marina Enterprises, LLC, a North Carolina limited liability company with an address at 511 Clarendon Blvd., Carolina Beach, NC 28428 (Grantee). The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described on Exhibit A attached hereto and by this reference made a part hereof. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, but without any express or implied warranties given by Grantor as to title or condition of the subject property. FURTHER, that this property is sold subject to the lien of ad valorem real property taxes and assessments for the current year and for subsequent years; all easements, covenants, conditions, restrictions, and other agreements of record against the property conveyed hereby; all matters which would be disclosed by a recent and accurate surrey of the property conveyed hereby; zoning, land use and building laws, regulations and ordinances. CEIVEI) DGiv, 1JILMINGTON, NG 4�iUI +l •ic 110V 0 9 2015 �I. �geIISHE�/ TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ;ftt;fRftfifXXfifif;;NftR}tffifffftifX:lRlf;tfRR#fffttt#Rf#ffltRtRXRftftf#}#;t}t}##fftf}fYftt#tXRf<fHt1M}kfit#ttfiYfkfttfY Filed For Registration: Book: Document No.: Recorder: 03/2012015 11:53:59 AM RE 5876 Page: 922-926 2015007456 5 PGS $26.00 CRESWELL,ANDREA State of North Carolina, County of New Hanover RECERIED PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. RECEIVED 2015007456* 1E1032015 RECEIVED MN ,NC DCM- MHD C.TY�Jc 2015007456 Nov o 9 2015 V distance of 29.26 feet to a point; thence North 87 degrees 23 minutes 28 seconds East a distance of 41.37 feet to a point; thence South 10 degrees 45 minutes 19 seconds East a distance of 5.50 feet to a point; thence South 47 degrees 15 minutes 40 seconds East a distance of 29.50 feet to a point; thence South 02 degrees 14 minutes 17 seconds East a distance of 16.08 feet to a point, thence South 87 degrees 45 minutes 43 seconds West a distance of 134.95 feet to a point; thence South 02 degrees 14 minutes 17 seconds East a distance of 66.02 feet to a point; thence South 87 degrees 43 minutes 05 seconds West a distance of 26.89 feet to the Point of Beginning, containing 0.28 Acres, more or less. 55502403_3 RECEIVED P.ECEIV�D DEC 0 3 2015 APR I t ?0<,c DCM- MHD CITY U�'.e-la4O-M-, RECEIVED DCM WILMINGTON, NC NGV o 9 2015 Exhibit A LEGAL DESCRIPTION Parcels To find the point or place of BEGINNING, commence at that old concrete monument located at the intersection of the eastern margin of the sixty (60) foot right-of-way of St Joseph Street and the northern margin of the twenty-five (25) foot right-of-way of Lee's Lane and proceed North 01 degree 26 minutes 57 seconds East a distance of 91.86 feet to a point, thence South 88 degrees 33 minutes 52 seconds East a distance of 66.75 feet to a point, thence South 01 degree 26 minutes 08 seconds West a distance of 50.0 feet to a point, thence South 88 degrees 33 minutes 52 seconds East a distance of 17.0 feet to a point, thence South 01 degree 26 minutes 08 seconds West a distance of 9.33 feet to a point, thence South 88 degrees 33 minutes 52 seconds East a distance of 16.67 feet to a point; thence North 01 degree 26 minutes 08 seconds East a distance of 9.33 feet to a point, thence South 88 degrees 33 minutes 52 seconds East a distance of 78.7 feet to a point and thence North 01 degree 26 minutes 08 seconds East a distance 56.56 feet to the point or place of BEGINNING, running thence North 01 degree 26 minutes 08 seconds East a distance of 34.84 feet to a point, running thence North 88 degrees 35 minutes 09 seconds West a distance of 63.72 feet to a point; running thence North 01 degree 38 minutes 07 seconds East a distance of 94.12 feet to a point; running thence South 88 degrees 31 minutes 44 seconds East a distance of 90.29 feet to a point, running thence South 01 degree 17 minutes 23 seconds West a distance of 26.52 feet to a point, running thence South 88 degrees 36 minutes 47 seconds East a distance of 71.37 feet to a point, running thence North 01 degree 25 minutes 40 seconds East a distance of 29.43 feet to a point, running thence South 88 degrees 52 minutes 10 seconds East a distance of 41.34 feet to a point, running thence South 7 degrees 14 minutes 41 seconds East a distance of 5.52 feet to a point, running thence South 43 degrees 44 minutes 00 seconds East a distance of 29.49 feet to a point, running thence South 01 degree 17 minutes 23 seconds West a distance of 16.08 feet to a point, running thence North 88 degrees 42 minutes 37 seconds West a distance of 134.95 feet to a point; running thence South 01 degree 17 minutes 23 seconds West a distance of 92.0 feet to a point, naming thence North 88 degrees 42 minutes 37 seconds West a distance of 27.23 feet to the point or place of Beginning, containing 0.28 acres, more or less, as shown on that Map of Survey for Inland Harbor Yacht Club dated November 5, 1989 by Jack G Stocks, N C R L S Saving and excepting from this conveyance any portion of said parcel heretofore conveyed by Grantor. RECD/ED Parcel 2 APR 15 !0 :�€N-' is CtT7 Commence at an existing concrete monument located in the east R/W line of St Joseph's Street (60' Public R/W) at its intersection with the north R/W line of Lees Lane (25' R/W), thence from said commence point along and with the east R/W line of St Joseph's Street (60' Public R/W) North 02 degrees 04 minutes 43 seconds West a distance of 91.94 feet to a point; thence North 87 degrees 59 minutes 38 seconds East a distance of 66.78 feet to a point; thence North 02 degrees 12 minutes 22 seconds West a distance of 30.00 feet to a point; thence North 87 degrees 55 minutes 30 seconds East a distance of 112.26 feet to the Point of Beginning; thence from said Point of Beginning North 02 degrees 12 minutes 04 seconds West a distance of 11.39 feet to a point; thence South 88 degrees 04 minutes 45 seconds West a distance of 63.52 feet to a point; thence North 01 degrees 52 minutes 42 seconds West a distance of 93.90 feet to a point; thence North 87 degrees 55 minutes 09 seconds East a distance of 90.22 feet thence South 01 degrees 38 minutes 34 seconds East a distance of 26.74 feet to a point; thence North 87 degrees 34 minutes 43 seconds East a distance of 71.72 feet to a point; thence North 02 degrees 07 minutes 57 seconds West a RECEIVED %EIVED uCidl VV;LMINGTON, NC 55502403_3 DEC 0 3 2015 NOV 0 9 2015 DCM- MHD CITY TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the manner prescribed by law, as of the day and year first above written. CB MARINA, LLC BY: llCx� •�-z —� Vincent Olivadese, Member and Manager N ��iti'v COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the Purpose stated therein and in the capacity indicated: Vincent Olivadese, Member and Manager of CB Marina, LLC. Date: March2015 t Notary Public My commission expires: �� �p ��� Notary's Printed or Typed Name RECEIVED DEC 0 3 2015 DCM- MHD CITIYCENED APR 15 10L RECEIVED DCM WILMINGTON, NC NOV 0 9 2015 Prepared by and Return to: Don T. Evans, Jr., Clark, Newton & Evans, P.A. 509 Princess St Wilmington, NC 28401 910.762.8743 Without Title Opinion or Tax Advice NORTH CAROLINA Ilpl II I III Ilil III Ilia Iill hl I phi i� � III 2015007456 FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2015 MAR 20 11:53:59 AM BK:5875 PG:922-926 FEE426.00 DESC: Tract Inland Harbor Yacht Club, St. Josephs St. PIN: Part R08818-006-018-100, R08818-006-051-000, and R08818-006-050-000 REV: -0- INSWENT 116150R56 If checked, the property includes the primary residence of at least one of the parties defined as Grantor (NCGS §105-317.2) QUITCLAIM DEED COUNTY OF NEW HANOVER THIS DEED, made effective as of the / day of �4�2� , 2015, by and between CB Marina, LLC, Grantor, whose mailing address is 8517 Emerald Dunes Rd., Wilmington, INC 28411, and Island Marina Enterprises, LLC, Grantee, a North Carolina limited liability company with an address at 511 Clarendon Blvd., Carolina Beach, NC 28428. The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: THAT Grantor has bargained and sold, and by these presents does hereby bargain, sell, convey, remise, release, and forever quitclaim unto Grantee, RECEIVED and Grantee's heirs or successors and assigns, all right, title, claim, and interest of Grantor, if any, in and to a certain tract or parcel of land in the County of New Hanover, and State of North Carolina, more particularly described on Exhibit A attached hereto and by this reference made a part hereof. RECEIVED RECEIVED DEC 0 3 2015 DCM WILMINGTON, NC NOV 0 D 2015 '�=��`'� do DCM- MHD CITY (-C(Il�s + CCU IS Comparison of Good Faith Estimate (GFE) and HUD-1 Charges Good Faith Estimate HUD-1 Charges That Cannot Increase HU0.1 Line Number Our origination charge 0801 2.200.00 Your adjusted origination charges d W3 2,200.00 Charges That in Total Cannot Increase Mom than 10% Good Faith ratimMa HUD-1 Gwemmenl recor6ng charges g1201 250.01) Appraisal fee a e04 9D0.110 Title services and lands sOtte insurance a1101 0.00 3,000.00 Charges That Can Change Good Faith Estesaft HUD-1 Loan Terms Your initial loan mount is - $44D,gopeg Your loan term is 30.00yaam Your IngW interest rate Is % Your Initial monthly mount owed for principal, Interest and NIA any mortgage insurance is O Principal IN Interest ❑ Mortgage Insurance Can yourintemst raft rim? ® No ❑ Yes,Itcann3etoamaximumof %. The first change will be on and can change again every_ months after _. Every change dale, your Interest rate can increase or decrease by %. Over the life of the loan, your interest rate Is guaranteed to lever be lower than %or higher than %. Eves N you make payments on time, an your loan balance rise? IN No ❑ Yes, it can dsa to a maximum of S Evan if you make payments on time, an your monthly © No ❑ Yes, the first increase can be on and the monthly mount owed for principal, Interest, and mortgage insurance rise? amrnmt owed can Has to$ The maximum it can ever rise to is S Does your ban have a prepayment penalty? © No ❑ Yes, your maximum Prepayment penatyy is $ Does your loan have a balloon payment? © No ❑ Y.S. you have a balloon payment of $ due In _years on Total monthly amount owed Including escrow account payments © You do not have a montlayescrow payment forihems, suchas prop" tales and homeowner's Insurance. You must pay these item direc0y yourself. ❑ You have an additional monthlyescrow payment of $N/Athat refuge In a total initial monthly amount owed of$N/A. This includes principal, interest, any marlgage insurance and any items checked below: Property hates ❑ Homeowner's insurance ❑ Flood insurance ❑ ❑ ❑ Note: It you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender. RECEIVED DEC 0 3 2015 DCM- MHD CITY RECENED APR t 5 2T6 DcUl" lt-rD Uri RECEIVED DCM WILMINGTON, NC NOV 092015 Page 3 of 3 HUD-1 (ISLAND MARINA2.15.PFDISLAND MARINA 2-15r4 L. Settlement Char es `/OO. Tofal Reel Estefa$[okb�Ka-. Palo Fmm baronesses Fund. at Sedbment Pew Fairy Seeafs Funds at settlement ONismN, Of tdreraaa)on(I'm/00) as/dlaw5" 7(It to 702 $ to 703, Corminission Mid n 704. 705. Broker Commission to Umoln Properties of WOmhgtan, IlC 30,000.00 800. Items Psyeble in Co."W's on with Loan ='i5 ,� `„ 1`' "' *• " '"' 801. Our on imlion the e E 2200.00 frorrl GFE#t BD2. Your credit a c a e Iril for the specific interest rate chosen from GFE #2 803. Your a usteld origination eh r es from E #A 804.Appraisal fee to First Bank from G 8D5. Credit Report to from GFE e3 80B. Tax service to Mr 607. I certification to F 808 Flood AdminlshaBve Fe FE . Docurnbent Processim F fr F C .00 810. firm GFE 013) 81t (ham GFE 93) 1900. Items)Required by Lender to.Be Paid -in Advance 801. Daily Interest chances from 0320115 to 04/01/15 12 90 $/day brain GFE#1 902. Mortgage insurance premium for monNs to from GFE SM 903. Homeowners insurance for years to horn GFE #11) gpy (from GFE#11) 905 (from GFE #11) 0b0+ResaNes Deposited with Lender' 1001, Initial deposit for your escrow account (fran GFE 10(2. Homeowners insurance months $ per month $ 1003, Insurance months a It par mam f 1004. Properly tines $ 1006. malls @ f Per march $ 1007. months $ per mall $ 100. $ 1D09. Aggre9fWeAdiWr,11z $ - ; 1100,TitieCh"a(ges ::. , 1101. Title services and lenders title Insurance from GFE #4 5,000.00 1102. Settlement or closing fee to Comm B Cdlim law Olbw PLLC $ 5000.00 Capped at$5000 1103. Owners Ube Imurance to horn GFE 1104. Lenders tltle imurance to $ 1105. Lenders title policy limit It JJDS. Owners title policy Iimit $ 550,000.00 1107. Agent's portion al the total tltle imuraoce premium $ 1108. Underwrites portion tithe total tltle insurance preniumn, $ 1109, Documem Pr ratlon $ 1110. Owner Policy $550.000-Marine to The Title Cogmy of NC $ 590.00 1111. Lenders Policy $440,000-St Joseph to Chicago Title 8 SM92 1112 United Uabill to Collins B Collins Law Offices, PLLC $ 750.00 1113. Document Pr rellon to Clark Newton &Evans PA 8 8 MOO 1206 GUJemment Rxomin aha'T aJd CS 1201. Government recording cha m to New Harxi County R iste(of Deeds fran GFE#7 250.00 1202. Deed $ 130.00 Mortgage $ 68.00 Releases $ Other $ 52.DD 1203. Transfer tame (fran GFESS 1204. CitylCoundytaxistarnims $ 1205. State laldstam $ 1 100.00 $ 1.100.00 1208. UCC Records to SOSMew Hamver Coun R Istarof Dr 64.00 to er Cou R Isterof eem 150.00 m 1210D. Addtlldnal Settleent Qraf9es `. ( 1301.R uired services that you can shop tar (from GFE#6) 1302. Survey to Michael Undeavood 8 Associates, P.A $ 2 882.50 1303. $ 1304. $ 13 8 1 f7oq�i;atllenlentCharges :(enter on lines .103,Section Jana 502;tiSac'gnN. 1343942 37,78000: lied eu Wide o1 tlmNe or 0ou0wen e). wlle, Si. Imdernj, of PIN peny(i) a/YLmMs 0e3o1 olmis NblMnLtip fY/nYbdee edTo'Medse AMlplolo rnTplebd 0prd MNe Collin Law Offices, PLLC, SeltlemenlAgent 'Sella void closing caste "Certified to be a true copy RECEIVED POCK (paid outside ofcloBuy er) - RECENED POC S (paid outside of closing by Selier) DEC 0 3 2015 RECEIVES � 1911 - DCM- MHD CITY DCMVVILMINGT01�:- e1MV01Py NOV 0 9 2015 Page 2 of 3 HUD-1 (ISLAND MARINA 2-15 PFDIISLAND MARINA 2-15261 A-LI3 GHW _wC)a Slol C 0 330 43AGojU JOMB Approval No. 02�0265 grp Pray 25 oy z.!/ A. Settlement Statement (HUD-1) S. Type of Loan 1.0FHA 20 RHS 3. MCanv. Unins. S. File Number: 7. Loan Number 0.0M4 5.0 Carrv.lre. ISLAND MARINA 2-15 8. Mortgage Insurance Case Number. C. Note: This hrrn is lumishedfogiveyoueslalementofartuelseXlenrontcosts. Amounts paid to and by the seRlememagmt we shown. Items -(p.ac.j-mm marked peidads/de BW -lasing; they are shown here /orinlormadona/grposes end are not Includetl In the WM/s. D. Name andAddress of Bafarra: dress of Seller F. Name andAddress of Lender. E Na:Baaach. Island Marina Enterprises, LLC CB MaFirst Bank 620 St.imi 511 Clarendon Blvd CaroliNO 28428 Carolina Beach, NO 28428 G. Plop" Locwoon: H. SeWementAgent: 6208702 Saint Joseph Street Collins B Collins Law Officm, PLLC I. Settlement Dale: CwWina Beach, NO 28428 215 Racine Drive Suite 101 New Hanover Countg North Carolina N1IM nglon, NO 28403 Ph. (910)]930899 March 20, 2015 Tract B BAdj. Tract, Meta 8 Rau Of SettlamenC Bounds 215 Racine Drive Suite 101 N41mi on, NO 28403 J. Summary of Bommvafa transactionK Summaryof Selleestmnaaction 101. Grow AmourDue trap Borrower. 400. Gross Amount Due 10, CasraU sales du to Seller 401, Cusact sales du 550.000.00 102Sensual f 550000.00 /03. 3. Se0lemen[ Ctn es to Baroxer Use 14W 105. 13139.42 402 ropeM d03. 0 40. Ad Ci Mts for items old 9e11N N minutesminutes10anpe Ci. Taxes 405. Ad ustments for ce Itemsaid b Seller In advans . ro 107. COuTn Tma eto 406. G own Tamto 407. Co Tama to 108. Assessments 109. t0 408. Assessments to 4W, 11t. 72. 41 472 120. Gross Amount Due from Borrower 563,439A2 420, Gross Amount Due to Seller 55g0D000 200. Amounts Paldb orin BehaIfof Borrower 500. Reductions in Amount Due Seller. 202.. Princi al iat earnest more 20 amount of new loses 501. Fxcessd sit see instruction ' 203. 68atl loans lakes so act to 440000.00 602. Settlement ohs es to Seller Une 1 37780 00 �' 503. Eldstin loans taken su edro 205, 504. Payoff First Mod age 2116. Ferniest Mon rahvnatl to at donut 2 505. Pa ff Second Mon a e Ms. 2008. 507. 209. 608. . sm. 21 uaimenta /or items un Nd Seger 210. CA axe Taxes to 3388,59 Ad Ull mentstoritems un ald b Seller 510. CI Own Taxes1Coun p 511. Goun Tams 01m1H5 to 030t15 012 Assassmenis ro 513 212 Taxes O1N1A5 ro 03Mf15 3388.59 272 Assessments Asse ro 213. 214. 514. 216. 5% . �7' 510. 218, 517. 219. 518. 519. 220. Total PaidbfforBorrower 300. Cash at Settlement Oomho Bon w 443.388.59 S20. Total Reduction Amount Due Seller U,18838 301. Gross amount due from Bwrmvw lints 1 553 439A2 600. Cash stsettlem m tolfrom Seller 607, Gross amount dw 1, i Sellar line 421115500gOpg 302 Ws amount tl Borrower (the 210 ( 443,388.59) 602. Less reductions due Seller line 520 303. Cash X❑ From To eorroww 120,050.83 603. Cash To From Seller 41.166. ' Pal4 ouw ae al tloing eY eommnr(W. relxn W. nMrnO. m aJreaemaT SDB,B31.41 -- ^..,_. _•y..=., ^=,==v ..,,,,,,.,,.„ye rwapt er a camplereo copy of IMs stelemeM 6 alry altechmeMs relerretl l0 herein Boronver Islas wins Ent 'ses,Seller �12L� CB Marina. LLC �r Cyr/) BC / Br cla w RECEIVED ----RECEIVED OCM WILMINGTON, NOJ. r, jY DEC 0 3 2015 NOV p 2015 =ea rr me weu.aonon.v keen m�ux wvea...nex,maee., x esrmL/eels/d.Yisoe.IJWrIJ..li.rier,ll'Lgl,,,e nvma.v auaxa. mu.v.Mrma ooi,egpeee m rempleie mxrow,.ews¢aiavur--• r+meesr Y.vo almmnxelnumavr. no meam4asn x..:wee: mr: esww,. xw.eann ml. xerslve.a m p�awe.. o:y. a. a��.m,;,ee >.e.e on Mmiommzeav m�lnvm ..oemev vrera.:. Page 1 of 3 HUD-1 (ISLAND MARINA2-15.PFD/ISLAND MARINA 2-1526) MAJOR PERMIT FEE SCHEDULE Island Marina / New Hanover/$400 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 1 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 DEC 0 3 2015 DCM- MHD CITY DENR CAMA Daily Check Log for WIRO Date ReceNed Date Deposits d Check From (Name) Name of Permit Holder Vendor Cheek Number Cheek amount Permit Number/Comments Receipt or Refund/Realloeated 1020/2015 1021/15 Dr. Jeff Morrison same First Citizens Bank 10494 $400.00 GP 66164D PH rot 1148D 10202015 1023/15 Antinon Construction Inc Roger Lawis B of A 3890 $400.00 GP 64767D « GP 66165D $200 JD rot 0303D 10202015 1021116 Custom Island Homes Ken Kiser LLC Ken Kiser CresCom Bank 3844 $400.00 major fee, 7404 E. Beach Dr. OI BrCO PH rot 1134D 1 D202015 1021115 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank 3845 $400.00 major fee, 7406 E. Beach Dr. OI BrCo PH rat. 1135D 10202015 1021/15 Custom Island Homes by Ken Kiser LLC Ken Near CresCom Bank 3846 $400.00 major fee, 7408 E. Beach Dr. OI BrCo PH rct 1135D 10202015 10r21/15 Custom Island Homes try Ken Kiser LLC Ken Kiser CresCom Bank 3847 $400.00 major fee, 7410 E. Beach Dr. OI BrCo PH rat. 11370 10212015 1023115 MO for Brandon Grimes Scoff Pintlell Wells Fargo Bank 59183420318 $400.00 GP 66167D @$600 JD rat. 0320D 10212015 1023/15 MO for Brandon Grimm Scott Pintlell Wells Fargo Bank 581 M203291 $200.00 GP 66187D @$600 JD ra,0320D 10212075 1023/16 Clements Marine Construction Inc Vern Hawkins First Citizens Bank 3933 $250.00 major fee, 202 Kings Lnding CL Hemp PN PH ML 11380 1021/2015 1023/15 Oman's Edge Ventures LLC Margaret Ann Mello, LT BB &T 6777 $800.00 GP 66131 D HS act D980D 10/22/2015 1023/1So T R C K same BB &T 1529 $100.00 renewal fee, MP 67-07 RM rcL 0370D 10222015 1023115 Tam of No Topsail Beach same First Citizens Bank 40161 $400.00 GP 66110D JD rct. 0322D 10/22/2015 1023115 Allied Marine Contractors LLC Becky Olbrych B or A 7023 $400.00 GP 64772D JD rct. 0321D 10/23/2015 1028/15 Grim Construction Barry Wishon BB &T 10616 $400.00 GP 66132D HS rct. 0981D 10232015 1028115 Holden Dodos and Bulkheads John Kozak CresCom Bank 2256 $200.00 GP 66135D HS rot. 0983D 1023/2015 1028/15 JRW/RDW Inc Rick West First Bank 1180 $200.00 GP 66133D HS rat 0982D 1023/2015 1028/15 Live Oak Enterpriees Inc (Future Homes) iLarry Norris _ BB &T 35653 $100.00 minor fee, SC 15-21 PNCo JD ML 0323D 10262015 1028115 HDI Holdings, Robert Huff _ First South Bank 1017 $400.00 major fee, 402 N. Lake, CB NHCo _ _1 PH rot 10/26/2015 1028/15 -LLC--- Clements Marine Construction Inc _ _ Jam Properties First Citizens Bank 3938 $400.DOIGP 661800 +GP 66161D (10$200 m. 0371D RM rot D371D _ - 10/26/2015_10/2a/15 - - _ Live Oak Enterprises Inc (Future Homes) _ -.-__ - Dowell Grey Jr -First �B 8T 35652 $100.00;minor fee, 6708 3rd St. NTB Ons 'PH rot 7139D 10/272015 7028l15 ANA Builders Inc Karen Hartman South Bank 8324 $10000 1 minor fee, 38931s1and Dr. NTB Ons PH ML 1140D 10/27/2015 1028/15 _ Charles Riggs & Assoc. IChartes F. Riggs First Citizens Bank 14231 $100.00 1 minor fee, 111 Topsail Rd, NTB One PH rot 1141D 10272015 1 g28/15 David Lee Builders, Inc Warren Bell B of A 20389 $100.00 minor fee, 410 Evelyn Ln. TB PN PH rot 1142D 10272015 1028M5 CLB Custom Homes Inc. Deborah Showalter South State Bank 4785 $100DO minor fee. Lot 18 The Peninsula, SC Pit PH rot 1144D 10272015 1028/16 Island Contracting Inc Lillian Carter Branch Banking & Trust 27864 $200.00 GP 66151 D TM ML 04380 10272015 1028/15 Island Contracting Inc Wiliam & Roberta Hadaker Branch Banking & Trust 27879 $200.00 GP 66152D TM rat 0437D 10272015 1028/15 Island Contracting Inc David Farr Branch Banking & Trust 27878 $400.00 GP 061500 TM rot 0436D 10272015 102t415 Island Contracting Inc Alex Paine Branch Banking & Trust 27877 $400.00 GP 64658D TM rat 0434D 1027/2015 1026/15 Islantl Contracting Inc Julia McIver Branch Banking & Trust 27875 $400.00 GP 64659D TM rct 0433D 10272015 1028/15 Island Contracting Inc Village of Bald Head Branch Banking & Trust 27876 $400.00 GP 63214D TM rot D432D 10272015 10/30/15 Eagle Island LTD Michael McCarley PNC Bank 1007 3100.00 renewal fee, MP 97-12 PH rct. 1145D 10/27/2015 10/30/15 IATD Construction Go. Inc. Anthony Dombrmki III First Citizens Bank 11532 $250.00 63 me' r fee, 12 Sound IDr. Wilm NH PH rot. 1156D 10/27/2015 1 W30115 Riverman LLC Michael McCariey PNC Bank 1111 $100..0 renewal fee, MP 132_12 PH rot 1146D 10/272015 1028/15 Antlnori Conswction Inc Kenneth Morrison B of A 3955 $400.00 IGP 66185LI JD rct 0325D 70/29/2015 10/30/15 Lea's Waterfront MHP Bert Lea Wells Fargo Bank 8010 $200.00 minorfee, PN 15-15, VWfnL Cir. Hemp. JD mL 0324D 1028/2015 10/30/15 1 Coastal Marine Piers and Bulkheads LLC Rebecca Huntzinger_ ;Wails Famo Benk 20471 $200.00 GP 88155D JD rot. 0316D 10292015 10292015 _._ ___ 10292015 10/3D/75!HS 10130/15, __-_ 10/30/15 11/4115 Construction LLC Helen B. Pate ..__ T Wellman's Conswctio_n _Inc _ _ _ _ CT Home Design LLC dandy Stitner ;same - _ _ __ 'same iBB&T ;NC Stale Employees Credit BB 8T 1321 $20000!GP 66134D - _ HS rot. 0984D $.40000 GP 66136D HS rot. 0985D _ __- $10000 minor fee, 1773 Omen Blvd, TB, PN �PH rd. 71470 22031 I 132321 10/302015 _ _ _ Oi Chen - _ 'BB &T 10421 $1 DO.f/0 minor fee, Lot 8, PeninsulaCTopsail SC P PH rat. 1149D _ 1122015 11/4/15 Mark Lewis Crew Boats Inc Mark Lewis PNC Benk 2149 $400.00 major fee, 822 Carolina Blvd, TB PN PH Mt. 1150D _ 11/22015 11/4/15 William Brockway Jr. _ same 1 V2/2015 11/4/15 Tangle Oaks Vacm Club Inc same _ _ 11/3/2015 1 V4/15 Coastal Manne Piers and bulkheads LLC !, Larry Funderburk it wi015 111/4/15 Robert or Claire McGirr same 11/412015 Island Marina Enterprises LLC same 111412015 ' 11/6/15'Oak Island Property Holdings ® mas Broome 11/42015 11/6/15 Allied Manne Contractors LLC " BB &T 10692 $100.00 minor fee, 357 Dogwood Ln, Hamp. PN PH not 1151D _ PNC Benk 8re62 $100.00 renewal fee, MP 13D-87 PH rot 1152D Wells Fargo Bank I B of A First Bank BB T 20509 j400.00 GP 66188D RM rot 0372D 10101 2020 8010500068 $200.00 $20000fee, GP 64792D renewal and mod 0-9 36-0 ® 'renewal fee, MP 40-96 fee TM rot 0439D TM ML OIOSD - - - -- $100.00 _ GP 6811 _ JD ML 1052D 11/42075 11/6/15 Frankie or Anita Walker O e Select Bank&Treat 1016 $400.00 GP 55113D JD rc11061D 1116/15 Marina at St James Plantation ere As rnric a Branch Banking & Trust 649 $100.00 renewal fee, 141-95 PH mL 1153D 15 Seewatch at Sunset Harbor LLC Properties LLC NBSC Synovus Bank 1549 $100.00 renewal fee, MP 06-08 HS rct 0997D 015 F anti S Marine Contractors Inc O Saint PNC Bank 4936 $250.00 major fee, 27 Pipers Neck, Wilm NHCo RM rct. 0375D 015 Land Management Group Incn Caviness, Bratlby Creek PL Invest First Bank 46106 $100.00 renewal fee, MP 131-12 PH mt 1155D 015 Tovm of Holden Beach e B8 &T 28073 $100.00 renewal fee, MP 14-02 HS rot 0995D r11141201515 015 Ray Martin McGowan a Energy P ress Brunawkk Plant Wells Fargo Bank 5753 $100.00 renewal fee, MP 293 TM rat 0406D 015 Charles Fox Homes, Ltd anti Tracy Roos Branch Banking & Treat 20500 1aS00,00 GP 66169D HS rot 0993D 01 S Steven FarmedTRA Com Smith/Generation Development LLC Richardson Conswction anti Lindsay Jones BB &T 4740 $200.00 GP 66168D HS rot 09920 015 BB &T 8155 $400.00 GP 66138D HS rct. 0991D 015 Holden Docks and Bulkheads Thomas King CresCom Bank 2295 $200.DD GP 65137D HS rot 09B7D 015 Eduardo Sari to Jason i 1007 $600.00 11/10120151 1 Island Marina Enterprises LLC IDennis Barbour IFirst Bank 2024 $400.DO Imajor fee, 620 St joesph St, Wilm NHCo RM rot D376D I I I I I I � vNaD I nYr I � j a � 1 _ I W wa1 W �w }},N f1TP) i' I " rlMrBx � I m � a \ yI mtc fIf •�A I pi �) � I y � YArN NIET �Q, .i PAIFIQT �'0 1 � 21 S ifs C o L-lof•���"i0+� 5 �I �[i5ti 51,-.rtf ION, GRAPIIC SCA!£ 1--91i v 20 0 l0 O 60 G4KlMA BAr ttvna/rr MxG9TNW . 1 A6' �n I N mv9alwWN soar PAWS" uw In Ig ..._..._..._...J IA°° MY M`MI N � 1V M 1NKT In II R R I BANMOALVT rApr N aew KN]DB•An Harr CC.C.C.CJ Moo � IIIIlA..�'•"'71S �1� —.rrruut x doer � I Nam TRAr _,y NL1Y1 RFIA i ICYL AL' a/Y RL NIS wArs I rMdr mL SIIkN I[VL I LDINCN AA(A NINO NAffidN aYCWMNA r I I AW I tom 96 v(f es I MNLT A Ba'l( 1827 PA(Y LdfiS I I •— I/pII M ra'tlrtILLY NIMO MAPBa.R \ Y Ass=AmnCMw, NG ➢G° AMS PAS C61] rtlW dl FOYLKY \ I IMICONNWS A.41X]A11(N NC BGtK aMl I PAW MI] J I C A 9Ar I q; gl W" E cewGcw;MuuM S 6GN 16 PA� „M I I MAR5N AREA 90U�u mmwr I m Bar s.Ps mmwr soar rs vA¢ I9 WF31dNFNT � flLOfAD L 7 MA,tlY.10 g c/ NM arEr vNC MAIDY.N ° /o ya, (as•A Nerr a nY eaz / Fit. & RIE NOGG WYKJ My LVR -vac - SAtTIYsw ra 110TAU ryTN,) Sff MAENr d P ff #F Y.1P dYY. 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