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HomeMy WebLinkAbout126-16 Miller, Sara & Casey1 Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vtrmit 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 Permit Number 126-16 Issued to Sara & Casey Miller, 363 Friday Drive, Wilmington, NC 28411 Authorizing development in New Hanover County at Pages Creek, 363 Friday Drive, Wilmington , as requested in the permittee's application dated 6/19/16, including the attached workplan drawings (4), Sheet 5 of 12 dated 10/29/16, 8 of 12 dated 6/20/16, 9 of 12 dated 6/19/16, & 10 of 12 dated 6/28/16. This permit, issued on December 13, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Dockin¢ Facility 1) Unless specifically altered herein, this permit authorizes the docks, piers, platforms and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the pennittee or Signed by the authority of the Secretary of DEQ and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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 Q Braxton C. Davis, Director Division of Coastal Management R C11vs5W W ilS conditions are hereby accepted. DEC 2 0 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. DC M- D CITY Signature of Permittee Sara & Casey Miller Permit No. 126-16 Page 2 of 5 ADDITIONAL CONDITIONS 3) No attempt shall be made by the pern ittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) The pemuttee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5) The pemuttee 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. 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridors. 7) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 8) In order to satisfy concerns of the resource agencies, physical stops shall be placed on the boat lift at a minimum height of 18" above the bottom substrate to prevent the boat lift from disturbing the bottom substrate. The physical stops shall remain in place for the life of the docking facility. 9) This permit authorizes a maximum of 4 formalized boat slips in association with the docking facilities. Excavation 10) In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and September 30 of any year without prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers, in consultation with appropriate resource agencies. 11) Excavation shall not exceed -3 feet below normal low water. In no case shall the depth of excavation exceed the depth of the connecting waters. 12) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). 13) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. 14) 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. t U X' 15) No spoil material shall be placed within 30 feet of the normal high water line. w r 1 Sara & Casey Miller Permit No.126-16 Page 3 of 5 ADDITIONAL CONDITIONS 16) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 17) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Bulkhead 18) The alignment of the authorized bulkhead shall not exceed a distance of two feet waterward of the existing deteriorated bulkhead. 19) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 20) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 21) The bulkhead shall be constructed prior to any backfilling activities. 22) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 23) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 24) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 25) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 26) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. DEC 2 0 201 Maintenance Clause 27) The Division of Coastal Management shall be notified in writing at least two (2) webks 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. YI Sara & Casey Miller ADDITIONAL CONDITIONS U.S. Army Corps of Engineers Conditions Permit No.126-16 Page 4 of 5 28) 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 h_.ptt ://www.fws.gov/nc- es/mammal/manatee_ guidelines.ndf. 29) The width of the access channel shall not exceed 15 feet as depicted on the revised plans dated October 29, 2016. 30) A ten -foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh vegetation shall be instituted as described and shown in the revised plans dated October 29, 2016. 31) All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 32) Best management practices identified as field marking existing oyster reefs and shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 33) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the State of North Carolina. 34) 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. 35) 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. 36) 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 re* of ti waters or wetlands. 0 U N o �b J F ara &r Casey Miller Permit No. 126-16 Page 5 of 5 ADDITIONAL CONDITIONS 37) 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. 38) 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). 39) 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. General 40) 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. 41) The permittee and/or his or her contractor shall meet with a representative of the Division and the US Army Corps of Engineers 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 2016-0664. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2016-01463. NOTE: An application processing fee of $400 was received by DCM for this project. R E C E I V E- DEC 2 0 2016 DC "A- "'.°" r) Division of Coastal Management Application Processing Notes Applicant: SAIZ-A MtL-lett Type (check all that apply) NEW MAJOR MOD MINOR MOD RENEWAL _TRANSFER_ Permit Coordinator: w- (00=;� Field Representative: k.MoAR-s Date/Time Message '1121Ib kt.p eW- Ae/ / fiwE L-T aV A�IOio/�fY�IN , 1 t/2-8/►6-Conlpir�c S I�z. I2 _ate G. AfPRova� ern (;,��c� � crr� wit (0kmna�. Tp � ssucz. 12/7/1ke yZLvl 04AYf' "tr V 94 '0w -4'Zr 1"0 l�� kel/ it* . J j2/t2/1y (;O� "Po OVJ AjjP Ly VtA t3M. 4L. RECEIVED DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: �Ji Type: (check all that apply) NepMajor Mod Perrnitw— MinorMod Renewal Transfer Permit C Qcirdinator: Field Re presentative Aa, A I J Date Time Message 'EVA, Te 9n4l,��_rj SctxSS;i�Q QD(%g 02-Ec� V,3/ M16 Is -rs -1,0 cW Y)wL-6 J Cc 'm PwM["-r Coastal Management ENVIRONMENTAL QUALITY December 13, 2016 Mmes. Sara & Casey Miller 363 Friday Drive Wilmington, NC 28411 PAT MCCRORY Govemor DONALD R. VAN DER VAART Seadory BRAXTON DAVIS Do,aeror SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for 363 Friday Drive, Wilmington, New Hanover County Dear Mmes. Miller: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on June 29, 2016. On September 2, 2016, processing of your application was placed on hold pending a request for additional information required by the U.S. Army Corps of Engineers and DCM's Fisheries Resource Specialist. This office received notice on November 28, 2016 from the U.S. Army Corps of Engineers that their request has been satisfied, and notice from DCM's Fisheries Resource Specialist on December 2, 2016 that his concerns had been satisfied, pursuant to certain pewit conditions. Therefore, processing of your permit application has officially resumed as of December 2, 2016. The revised projected deadline for making a decision is December 10, 2016. If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Cc: MHC Files WiRO Files Sincerely, W�� Heather Coats Assistant Major Permits Coordinator RECENED DEC 2 0 2016 DCM- MiiFIDU �r State of North Camfma I Euvnonmental Quality I Coesml Management 127 Cardinal Ihive Ext., Wilmington, NC 29405 910-796-7215 Coats, Heather From: Bodnar, Gregg Sent: Friday, December 02, 2016 2:41 PM To: Coats, Heather Subject: RE: Proposed Conditions for SAW-2016-01463 363 Friday Drive Afternoon Heather, Sorry for the late reply, but I wasn't able to get to this until now. The conditions you detailed below cover my concerns. Thanks, Gregg Gregg Bodnar Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 213 office Gregg.Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 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: Coats, Heather Sent: Tuesday, November 29, 2016 4:12 PM To: Bodnar, Gregg<gregg.bodnar@ncdenr.gov> Subject: FW: Proposed Conditions for SAW-2016-01463 363 Friday Drive Hi Gregg, The attached site plan was submitted to the ACE to clarify the distances across the waterbody relative to the proposed dredge channel. As a result, the ACE has accepted the proposed project and has submitted their conditions to us (also attached). You had also expressed concerns regarding the proposed dredge footprint and its proximity to Coastal Wetlands. Does the attached plan, in addition to the following conditions address your concerns: -In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. - No vegetated wetlands/marsh grass shall be excavated or filled. No excavation shall take place within 10' of any Coastal Wetlands. r -The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. - In order to satisfy fisheries habitat resource concerns, physical stops shall be placed on the boat lift at a minimum height of 18" above the bottom substrate to prevent the lift from disturbing the bottom substrate. The physical stops shall remain in place for the life of the docking facility. Of course the other standard permit conditions will also be included. Please let me know if this will suffice, or if any other conditions or information is needed. Thanks in advance, 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: Crumbley, Tyler A CIV USARMY CESAW (US) [mailto:Tyler.Crumbley@usace.army.mil] Sent: Monday, November 28, 2016 3:00 PM To: Coats, Heather <heather.coats@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Proposed Conditions for SAW-2016-01463 363 Friday Drive Heather and Robb, Please find the proposed conditions of the federal permit below. A hard copy will be mailed to Doug. Thanks. -Tyler The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_gui del ines.pdf. 2. The width of the access channel shall not exceed 15 feet as described on the revised plans dated October 25, 2016. 3. A ten -foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh vegetation shall be instituted as described and shown in the revised plans dated October 25, 2016. 4. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 5. Best management practices identified as field marking existing oyster reefs and shell bottom locations at low - tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 6. In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 7.- 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. 8. 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. 9. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 16. 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. 17. 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. 18. 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. 19. 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 113AArticle 4). 20. 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. 21. 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. 22. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax: 910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" lc/ Coats, Heather From: Crumbley, Tyler CIV USARMY CESAW (US) <Tyler.Crumbley@usace.army.mil> Sent: Wednesday, November 16, 2016 10:22 AM To: Ken Riley - NOAA Federal Cc: Coats, Heather Subject: Sara and Casey Miller 2016-01463; NMFS Comment Response Attachments: CAMA permit response.pdf; permit 5 - proposed new projects rev oct 16.docx; Cove Picture.pdf, cove2.pdf; cove3.pdf Ken, Per your comments by letter dated 18 August, 2016 to the proposal at 363 Friday Drive, the applicants have responded and this office believes that the responses are adequate to further continue the consultation on impacts to EFH associated with the proposal. Please allow this email to serve as official correspondence in response the comments received in your 18 August 2016 letter. Additionally, this office will incorporate your comments and recommended conditions into any final permit decision that is rendered. Please let me know what else you need to satisfy consultation under Magnuson -Stevens. Thank you. -Tyler Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http:Hregulatory.usacesurvey.com/" -----Original Message ----- From: sara.garske@gmail.com [mailto:sara.garske@gmail.com] On Behalf Of Sara Miller Sent: Thursday, November 10, 2016 5:34 PM To: Crumbley, Tyler A CIV USARMY CESAW (US) <Tyler.Crumbley@usace.army.mil> Subject: Re: FW: [EXTERNAL] Sara and Casey Miller 2016-01463; NMFS Comments Mr. Crumbley, Please see attached formal response to comments on our application, Corps Action ID SAW-2016-01463. 1 have also submitted a revised page, amending the boat basin width to the recommended 20 feet, as well as adding additional information identifying marsh and oyster aggregations and the width between them. Finally, I attached pictures of the cove at low tide in order to help fully visualize the marsh and oyster aggregations depicted in the drawing. Thank you so much for your time and attention to this matter. Should you need any additional information, please let me know. . Best, Sara Miller On Thu, Aug 18, 2016 at 2:00 PM, Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil <mailto:Tyler.Crumbley@usace.army.mil> > wrote: Sara and Casey, My name is Tyler Crumbley, Project Manager for the Corps. I received the attached comments from the National Marine Fisheries Service in response to the CAMA application you submitted. Your Corps Action ID is SAW- 2016-01463. We will need to respond to these comments in writing. I also will need an agent Authorization for you to request these impacts on land/water that you do not currently own. I also need you to show that you have avoided and minimized the amount of dock and dredge requested and that you cannot do what you want to do with less impacts to waters of the U.S. Thanks in advance for your response. -Tyler Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 <tel:910-251-4170> Fax: 910-251-4025 <tel:910-251-4025> email: tyler.crumbley@usace.army.mil <mailto:tyler.crumbley@usace.army.mil> "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: Blockedhttp://regulatory.usacesurvey.com/ <Blockedhttp://regulatory.usacesurvey.com/> " -----Original Message ----- From: Robin Wiebler - NOAA Federal [mailto:robin.wiebler@noaa.gov <mailto:robin.wiebler@noaa.gov> ] Sent: Thursday, August 18, 2016 8:49 AM To: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil <mailto:Tyler.Crumbley@usace.army.mil>>; NC FWS Pete Benjamin <Pete_Benjamin@fws.gov <mailto:Pete_Benjamin@fws.gov> >; NC DCM Gregg Bodnar <Gregg.Bodnar@ncdenr.gov <mailto:Gregg.Bodnar@ncdenr.gov> >; NC EPA Todd Bowers <Bowers.Todd@epa.gov <maiIto: Bowers.Todd@epa.gov>>; SAFMC Roger Pugliese <Roger.Pug]iese@safmc.net <mailto:Roger.Pugliese@safmc.net> >; David Dale - NOAA Federal <david.dale@noaa.gov <mailto:david.dale@noaa.gov>>; Sharon Rolfes - NOAA Federal <sharon.rolfes@noaa.gov <mailto:sharon.rolfes@noaa.gov>>; Ken Riley - NOAA Federal <ken.riley@noaa.gov <mailto:ken.riley@noaa.gov> > Subject: [EXTERNAL] Sara and Casey Miller 2016-01463; NMFS Comments Administrative Assistant Habitat Conservation Division Atlantic Branch PHONE: 843 762-8604 <tel:843%20762-8604> Robin.Wiebler@noaa.gov<mailto:Robin.Wiebler@noaa.gov> <mailto:Robin.Wiebler@noaa.gov <mailto:Robin.Wiebler@noaa.gov> > Proposed projects: .Y! ° Property Line, . "7►;' ; r - Jordan A) Existing i •^ - exisRepting Bulkhead � { � 1 existing 6'5"x29' �J Existing-;,{ dock Retaining Wall y•'� 8) Existing Turning �- Dredge existing Basin 20'x20' ��"-� '�- boat cove: ! Access channel: cut f�. New Bulkhead52' Bo 0' Boat basin: cut 2. f S• • _� , 1 V 651, .k3 fry Riparian Line Turning basin: cut t \ ( rrent) 2.p Property Line, \ 'n' Existing Boat Future replacement Spears} - Basin 20'x45' marsh of bulkhead \. a 'g (timber, 24" setup) i\ AAA D) Ripnrian Line _.�! \ .� " New 6' x 250' ier, !y'�141 • Existing Access p' Channel 250'x15' with 6' x 25'romp marsh' and 6' x 4lY dock Ar \ with 3 slips, including one boat • \ Mar h 41 ft lift on Pages Creek i -__ -__ oyster Channel \ Nu w f r 6 X'2 7O' H �� bed See Dredge •,� �` Jam; to fr Template for \ 3 -� dredge volumes. \ New Ramp 6'x25 � Boat Gft 'A. a 13 x 13' New Boat Dock 6'x40' w/ one lift ` Extend to Pages Creek channel Pages Creek Miller/363 Friday Project Margaret Rawlins/Karen Harbaugh, sellers 363 Friday Drive, Wilmington NC Page Name 910-686-1898, 910-264-7901(cell) New Hanover County, North Carolina Casey A Sara Miller, buyers Notes: Proposed Projects Date drawn: 10/29/16 mer/kfh See plat sketch for spoils field location Scale: 1" = 69 Sheet 5 of 12 r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 November 29, 2016 Regulatory Division Action ID No. SAW-2016-01463 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Sara and Casey Miller, to perform maintenance on an existing docking facility, construct a new pier and docking facility, install a bulkhead to protect the shoreline, and perform maintenance dredging within an access channel and existing boat basin adjoining Pages Creek, located at 363 Friday Drive Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.274276 N,-77.776159 W The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelinespdf. 2. The width of the access channel shall not exceed 15 feet as described on the revised plans dated October 25, 2016. 3. A ten -foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh vegetation shall be instituted as described and shown in the revised plans dated October 25, 2016. 4. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. RECEIVED DEC 0 5 2016 DCM- MHD CITY Y7 14 -2- 5. Best management practices identified as field marking existing oyster reefs and shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 6. In order to protect juvenile finfish resources,'no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 7. 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. 8. 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. 9. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 10. 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. 11. 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. 12. 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. 13. 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 d. l -3- 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. 14. 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. 15. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 16. 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. 17. 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. 18. 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. 19. 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 p�1227 E V E D (North Carolina General Statutes Chapter 113A Article 4). �{{ t DEC 0 5 2016 DCM- MHD CITY ME 20. 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. 21. 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. 22. 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 Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Sincerely, Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Enclosure: Revised Plans dated October 25, 2016 Copy Furnished (with enclosure): Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 i r -5- 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 Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georigia 30303-8960 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Debbie Wilson North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED DEC 0 5 2016 DCM- Coastal Management ENVIRONMENTAL QUALITY September 2, 2016 Mines. Sara & Casey Miller 363 Friday Drive Wilmington, NC 28411 PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for 363 Friday Drive, Wilmington, New Hanover County Dear Mmes. Miller: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on June 29, 2016. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) The U.S. Army Corps of Engineers (USACE) and DCM Fisheries Resource Specialist have requested additional information by way of the attached USACE email and NOAA National Marine Fisheries Service letter, both dated August 18, 2016, and the attached DCM Fisheries Resource Specialist comments dated July 26, 2016. Their correspondence requests additional information be provided that demonstrates avoidance and minimization of impacts to Secondary Nursery Area (SNA) and Essential Fish Habitat (EFH). Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as you have satisfied the requirements of the USACE and DCM Fisheries Resource Specialist. Once both parties notify the Division of Coastal Management Major Permits Section in writing that no further actions are necessary on the part of the applicant, we will resume processing of your application. If you can provide to this office a copy of the requested information within five working days from the date of this letter, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is ptftt I V E D SEP 0 9 2016 DCM- MHD CITY State ofNoNt Carolina I Emvoomental Quality I Coavial Management 127 Cardinal Dine Ext., Wilmington, NC 28405 910-796-7215 If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Sincerely, Heather Coats Assistant Major Permits Coordinator Cc: MHC Files WiRO Files Chad Coburn, DWR Tyler Crumbley, USACE PAT MCCRORY G"amor q� DONALD R. VAN DER VAART aaaarl ®®. BRAXTON D Coastal Management DAVIS ENVIRONMENTAL dUALITY June 29, 2016 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. coatsAncdencpov Fax: 395-3964 1Courier 04-16-33 SUBJECT: CAMA/Dredge dI Fill Application Review Applicant: Sara & Casey Miller Project Location: 363 Friday Dr., adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility Please indicate below your agency's position or viewpoint on the proposed project and tum this form to Heather Coats lat the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments With supporting data is requested. REPLY: This agency has no objection to the project as proposed. _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED —� RECEIVED_ ,t',M WifLM 1 NG "0N', SEP 0 9 2016 iLii 9) 25jtr DCM- MHa CITY Slate of North cmliaa I Enviroameaml Quaty I C=W N unarmwA 127 Cardinal Drive Hut, Wiimioetoo, NC 29405 910-796-7215 DATED 12'S-/% JUL 0 5 2016 Governor DONALD R.VAN DER VAART Environmental seaeiary Quality MEMORANDUM; TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Sara & Casey Miller DATE: 7/25/2016 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject.permit application forproposed actions that impactfish and fish habitats. The applicants propose to perform maintenance dredging,:repair an existing floating dock; and construct a new docking facility, to accommodate 4. total vessels. The surrounding waters are classed as Secondary Nursery Area (SNA), able:fb support shellfish (SA), and are conditionally approved closed to shellfish harvest, Coastai:wetlands are -also present throughout the vicinity. . The.waters.are classified as SNA, which are estuarine waters commonly.used as a developmental transitional zone, where later juvenile development takes place. Species within this area are: mixture of juveniles that have migrated from the primary nursery areas upstream,.sub-adults and adults. Shallow habitat, such as this; with coastal wetlands and oyster reefs, provide vulnerable juvenile species with protection from predators, an abundance of food, and water temperatures . . preferable to juvenile finfish and shellfish species: Coastal wetlands are Considered amongthe most productive ecosystems in the world (NCDEQ 2015). Coastal wetlands are a prod.uctive.detritus based.system that trap nutrients, toxins and sediment; aid in shoreline erosion control,: dissipate wave and storm action, provides a. barrier to. flood. damage,'and provide nurspry'funetionsand.support fish production, Recent. research Indicates .that:even.narrow fringes.of Wetlands are essential factors,forfish vtillzatlon. and erosion control (Whaley and Minello 2001; MacRae and Cowan 2010, Mineilo et al. 2011; Gewant and Bollens 2612):. An estimated'95%'of commercial finfish, and shellfish species in the US are wetland dependent (Feierabend..and Zelany 1987). Speciescommon to coastal wetlands include sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and penaeid shrimp; with.a myriad of preyspecies as well. Wetlands can.ehiiance.foraging functions of adjacent habitats, which. is why primary (PNA) andsecondary (SNA) nursery habitats are closely linked with coastal wetlands. In addition; these wetlands areimportant to waterfowl feeding and nesting activities, ... �EG�w�O State of North Carolina. EnArgftemal Quality 400 Commerce Avanue/Morehead City. N.C.28657 262-808-28081252-2474330 [fax] - �D An Equal OppodunllylAfBrmativeActlonEmployer CM„tA D . VIM. .... Gomrnoe•. DONALD R. VAN DER VAART Environmental sKnrmr Quality The narrative.states that permit historywas not available for the dredge footprint, and was determined utilizing aerial imagery andappliration information. There is concern that the proposed dredge footprint Width within the basin may impact. coastal wetlands through sloughing into the dredge footprint. It is recommended that. a minimum loft buffer around coastal wetlands be used to minimize the potential.fnr wetland sloughing. This may require modification of the dredge footprint. The proposed boadiftappears.tobe in waters marginal to bunch a vessel without increased potential to Impact SNA habitat though "prop kicking" and direct contact with the bottom. It is recommended that stops be installed on the lift to reduce the potential for vessel impact to the bottom.. Finally, a.moratorium on. In vvater work,to include dredging, from 1 April to30 September Is recommended to reduce the negative effects on critical fish. life history activities, to include spawhing migrations and nurseryfunctions: Contact Gregg Bodnar at (252) 808-2808 ext. 213 on regg.bodnar@ncderir.gov with further questions or concerns. Boswefi, K.M., Wilson, M.P., MacRae, PS.,. Wilson, C.A. and Cowan h, J.H., 2610. Seasonal estimates of fish biomass and length distributions using acoustics and traditional nets to identify. estuarine habitat preferences in. Barataria.Bay, Louisiana. Marine and Coastal Fisheries, 2(1);.,pp.81.97: Feierabend, J.S. and Zelazny, 4.M.,1987. Status report on our nation's wetlands. National Wildlife Federation... G.ewant; D..and Botiens, S.M., 201.2, Fish assemblages of interior tidal marsh channels in relation to environmental variables in the upper San_ Francisco Estuary. Environmental biology of fshes, 94(2),. pp 489-499. . . Minello, T.J., Raps, L.P. and Baker, it., 2012..Geographic variabilkylnsalt marsh flooding patterns y maaffect nurseryyalue for fishery species. Estuarles and Coasts, 35(2), pp.501-514. NCDEQ(Ndrth Carolina.bepartme6i:of Etivironmeni6l Qtoality):2016. North Carollna.CoastaI Habitat Protection Plan Source Document.. Morehead. City, k.Division of Marine Fisheries.477.p... Whaley, S.D. and Minello, Ti., 2002.The distribution of benthic [nfaum of a Texas salt, marsh -in . relation. to the marsh.edge. Wedands, 22(4), pp.753-766. RECEIVED. SEP 0 9 2016 DCM- MHD CITY State of North Carolina j Environmental Qualify 400 Commerce Avenue/Morehead City. N.C. 28557 252-808.2808 i 252-247-3330 [1axl An Equal OpporturidylAlfimraHve Action Errgrloyer OF "Y UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 26313th Avenue South St. Petersburg, Florida 33101.55g5 httpSsero.mnfsawaa.gov August 18, 2016 . F/SER47:KR/pw (Sent via Electronic Mail) Colonel Kevin P. Landers, Sr., Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Tyler Crumblev_ Dear Colonel Landers: NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for SAW-2016- 01463, dated July 26, 2016. The applicants, Sara and Casey Miller, request authorization to perform maintenance on an existing docking facility, construct a new pier and docking facility, install a bulkhead to protect the shoreline, and perform maintenance dredging within an access channel and existing boat basin adjoining Pages Creek, New Hanover County. The Wilmington District's initial determination is the proposed pier and dock construction and dredging may affect essential fish habitat (EFH) or associated fisheries managed by South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments and recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Proposed Project The applicants propose to construct a new timber bulkhead measuring approximately 152 linear feet and constructed approximately two feet waterward of a failing bulkhead. The bulkhead construction would impact 304 square feet of coastal wetlands for backfill. The applicant also proposes to repair or replace a floating dock (6.5 feet by 20 feet) within an existing boat basin and construct a new separate pier (six feet by 250 feet) and docking facility (six feet by 40 feet) that extends to Pages Creek. The new docking facility would include a floating dock with three boat slips and one boat lift. Lastly, the applicants propose excavating an access channel measuring 3.15 feet in length and 25 feet in width. The estimated volume of dredging is 322 cubic yards from 7,875 square feet of shallow bottom to establish a controlling depth of -3.0 feet at mean low water. The applicant proposes to excavate sediment via a bucket -to -barge (clamshell) operation and to transport the dredged material for upland disposal onsite. Water depths within the footprint of the project area are approximately -1.0 to -2.0 feet mean low water. Maintenance dredging has not occurred within the footprint of the docking facility and access channel in recent years; however, historical aerial photographs suggest the access channel was excavated over 30 years ago. RECEIVED SEP 0 9 2016 DCM- MHD CITY Lry Impacts to Essential Fish Habitat The project area is within a state -designated Permanent Secondary Nursery Area Excavating the access channel would disturb approximately 7,875 square feet of shallow bottom habitat and potentially impact neighboring oyster reefs and salt marsh. The SAFMC identifies shallow intertidal and sub -tidal bottom m estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp and for estuarine species within the snapper/grouper complex (e.g., gray snapper and gag). The SAFMC also identifies oysters or Permanent Secondary Nursery Areas as Habitat Areas of Particular Concern (HAPCs) for shrimp, gag, and gray snapper. HAPCs are a subset of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates when located in these habitats. The SAFMC provides detailed information on the EFH requirements of federally managed species in amendments to the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region. The project area clearly functions as nursery habitat for federally managed species as well as other species of commercial or recreational importance including red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes and sharks). The NMFS believes that the applicants have not fully utilized alternatives analysis and mitigation sequencing to avoid and minimize impacts to coastal wetlands and shallow bottom habitats. In conversations with the applicants (August 17, 2016), there was uncertainty in the project and whether construction would include the new pier and docking facility, dredging the access channel, or both components of the project. The applicants have yet to purchase the property. Because there is uncertainty in pier and dock construction, the NMFS will limit its focus to the proposed dredging. To reduce the environmental impacts of dredging, the NMFS recommends the applicants reduce the width of excavation for the access channel in consideration of sloughing of side slopes expected to occur after dredging occurs. The applicants should ensure a ten -foot dredge offset from coastal wetlands includes all emergent salt marsh vegetation, oyster reefs, and shell bottom to minimize environmental impacts to sensitive habitats. EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: • The permit should not allow the width of the access channel to be more than 20 feet. • The permit should require a ten -foot dredge offset, based on the projected equilibrated side slopes, from coastal wetlands including all emergent salt marsh vegetation, oyster aggregations, and shell bottom. vtEDENED SEP 0 9 2916 2 DCM' MHD CITY ® The permit should require best management practices, such as field marking oyster reefs and shell bottom, to keep construction equipment and activities from encroaching into oyster and shellfish habitat. Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR Section 600.920(k) require the Wilmington District to provide a written response to this letter within 30 days of its receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" with the Wilmington District, an interim response should be provided to the NMFS. A detailed response then must be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the response is inconsistent with the EFH conservation recommendations, the Wilmington District must provide a substantive discussion justifying the reasons for not following the recommendations. Thank you for the opportunity to provide these comments. Please direct related questions or comments to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 728-8750. / for Sincerely, Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE, Tyler.Crumbley@usace.army.mil USFWS, Pete_ Benjamin@fws.gov NCDCM, Doug.Huggett@ncdenr.gov, Gregg.Bodnar@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safinc.net F/SER4, David.Dale@noaa-gov, Ken.Riley@noaa.gov RECEIVED SEP 0 9 2016 DCM- MHD CITY Coats, Heather From: Crumbley, Tyler SAW<Tyler.Crumbley@usace.anny.mil>' Sent: Thursday, August 18, 2016 2:00 PM To: Saramiller@outlook.00m; cgmille2@gmail.00m Cc: Coburn, Chad; Coats, Heather Subject: FW: [EXTERNAL] Sara and Casey Miller 2016-01463; NMFS Comments Attachments: Miller 2016-01463_EFH_FINAL.pdf; Samp"entAuthorizabonForm.pdf Sara and Casey, My name is Tyler Crumbley, Project Manager for the Corps. I received the attached comments from the National Marine Fisheries Service in response to the CAMA application you submitted. Your Corps Action ID is SAW-2016-01463. We will need to respond to these comments in writing. I also will need an agent Authorization for you to request these impacts on land/water that you do not currently own. I also need you to show that you have avoided and minimized the amount of dock and dredge requested and that you cannot do what you want to do with less impacts to waters of the U.S. Thanks in advance for your response. -Tyler Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" —Original Message — From: Robin Wiebler- NOAA Federal [mailto:robin.wiebler@noaa.gov] Sent: Thursday, August 18, 2016 8:49 AM To: Crumbley, Tyler SAW<Tyler.Crumbley@usace.army.mil>; NC FWS Pete Benjamin <Pete_Benjamin@fws.gov>; NC DCM Gregg Bodnar <Gregg. Bodnar@ ncdenr.gov>; NC EPA Todd Bowers <Bowers.Todd@epa.gov>, SAFMC Roger Pugliese <Roger.Pugliese@safmc.net>; David Dale - NOAA Federal <david.dale@noaa.gov>; Sharon Rolfes - NOAA Federal <sharon.rolfes@noaa.gov>, Ken Riley - NOAA Federal <ken.riley@noaa.gov> Subject: [EXTERNAL] Sara and Casey Miller 2016-01463; NMFS Comments RECEIVED SEP 0 9 2016 DCM- MHD CITY Administrative Assistant Habitat Conservation Division Atlantic Branch PHONE: 843 762-8604 Robin.Wiebler@noaa.gov <mailto:Robin.Wiebler@noaa.gov> FkEDEIV ED su 0,bI ITY DCr"n �L Coats, Heather From: Crumbley, Tyler SAW <Tyler.Crum bley@usace.army.mil> Sent: Friday, August 19, 2016 8:48 AM To: Coburn, Chad; Coats, Heather Subject: FW: FW: [EXTERNAL] Sara and Casey Miller 2016-01463; NMFS Comments -----Original Message ----- From: sara.garske@gmail.com [mailto;sara.garske@gmail.com] On Behalf Of Sara Miller Sent: Friday, August 19, 2016 5:15 AM To: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Subject: Re: FW: [EXTERNAL] Sara and Casey Miller2016-01463; NMFS Comments Tyler, Thank you for your email. We currently are out of the country with limited wifi, but will review the comments and prepare a response for you ASAP. As a note, when the application was prepared, we were under contract to purchase the property. We closed on the property on July 6 and are now the recorded owners. I am unclear of what we specifically need to do, so any direction would be appreciated. Thank you in advance for your time. Sara Miller On Thursday, August 18, 2016, Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil <mailto:Tyler.Crumbley@usace.army.mil> > wrote: Sara and Casey, My name is Tyler Crumbley, Project Manager for the Corps. I received the attached comments from the National Marine Fisheries Service in response to the CAMA application you submitted. Your Corps Action ID is SAW- 2016-01463. We will need to respond to these comments in writing. I also will need an agent Authorization for you to request these impacts on land/water that you do not currently own. I also need you to show that you have avoided and minimized the amount of dock and dredge requested and that you cannot do what you want to do with less impacts to waters of the U.S. Thanks in advance for your response. -Tyler Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone:910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil <javascript:;> "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: Blockedhttp://regulatory.usacesurvey.com/<Blockedhttp://regulatory.usacesurvey.com/> " -----Original Message ----- From: Robin Wiebler- NOAA Federal [mailto:robin.wiebler@noaa.gov<javascript:;> ] Sent: Thursday, August 18, 2016 8:49 AM To: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil <javascript:;>>; NC FWS Pete Benjamin <Pete_Benjamin@fws.gov <javascript:;> ; NC DCM Gregg Bodnar <Gregg.Bodnar@ncdenr.gov <javascript:;> >; NC EPA Todd Bowers <Bowers.Todd@epa.gov <javascript:;> >; SAFMC Roger Pugliese <Roger.Pugliese@safmc.net <javascript:;> >; David Dale - NOAA Federal <david.dale@noaa.gov <javascript:;> ; Sharon Rolfes - NOAA Federal <sharon.rolfes@noaa.gov <javascript:;> ; Ken Riley- NOAA Federal <ken.riley@noaa.gov <javascript:;> Subject: [EXTERNAL] Sara and Casey Miller 2016-01463; NMFS Comments Administrative Assistant Habitat Conservation Division Atlantic Branch PHONE: 843 762-8604 Robin.Wiebler@noaa.gov<javascript:;> <mailto:Robin.Wiebler@noaa.gov<javascript:;>> Vf o (Sent via Electronic Mail) UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 26313th Avenue South St. Petersburg, Florida 33701.5505 httpJ/sero.nmfs.noaa.gov August 18, 2016 Colonel Kevin P. Landers, Sr., Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Tyler Crumbley Dear Colonel Landers: F/SER47:KR/pw NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for SAW-2016- 01463, dated July 26, 2016. The applicants, Sara and Casey Miller, request authorization to perform maintenance on an existing docking facility, construct a new pier and docking facility, install a bulkhead to protect the shoreline, and perform maintenance dredging within an access channel and existing boat basin adjoining Pages Creek, New Hanover County. The Wilmington District's initial determination is the proposed pier and dock construction and dredging may affect essential fish habitat (EFH) or associated fisheries managed by South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments and recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Proposed Project The applicants propose to construct a new timber bulkhead measuring approximately 152 linear feet and constructed approximately two feet waterward of a failing bulkhead. The bulkhead construction would impact 304 square feet of coastal wetlands for backfill. The applicant also proposes to repair or replace a floating dock (6.5 feet by 20 feet) within an existing boat basin and construct a new separate pier (six feet by 250 feet) and docking facility (six feet by 40 feet) that extends to Pages Creek. The new docking facility would include a floating dock with three boat slips and one boat lift. Lastly, the applicants propose excavating an access channel measuring 315 feet in length and 25 feet in width. The estimated volume of dredging is 322 cubic yards from 7,875 square feet of shallow bottom to establish a controlling depth of -3.0 feet at mean low water. The applicant proposes to excavate sediment via a bucket -to -barge (clamshell) operation and to transport the dredged material for upland disposal onsite. Water depths within the footprint of the project area are approximately -1.0 to -2.0 feet mean low water. Maintenance dredging has not occurred within the footprint of the docking facility and access channel in recent years; however, historical aerial photographs suggest the access channel was excavated over 30 years ago. NA Impacts to Essential Fish Habitat The project area is within a state -designated Permanent Secondary Nursery Area. Excavating the access channel would disturb approximately 7,875 square feet of shallow bottom habitat and potentially impact neighboring oyster reefs and salt marsh. The SAFMC identifies shallow intertidal and sub -tidal bottom in estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp and for estuarine species within the snapper/grouper complex (e.g., gray snapper and gag). The SAFMC also identifies oysters or Permanent Secondary Nursery Areas as Habitat Areas of Particular Concern (HAPCs) for shrimp, gag, and gray snapper. HAPCs are a subset of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates when located in these habitats. The SAFMC provides detailed information on the EFH requirements of federally managed species in amendments to the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region. The project area clearly functions as nursery habitat for federally managed species as well as other species of commercial or recreational importance including red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes and sharks). The NMFS believes that the applicants have not fully utilized alternatives analysis and mitigation sequencing to avoid and minimize impacts to coastal wetlands and shallow bottom habitats. In conversations with the applicants (August 17, 2016), there was uncertainty in the project and whether construction would include the new pier and docking facility, dredging the access channel, or both components of the project. The applicants have yet to purchase the property. Because there is uncertainty in pier and dock construction, the NMFS will limit its focus to the proposed dredging. To reduce the environmental impacts of dredging, the NMFS recommends the applicants reduce the width of excavation for the access channel in consideration of sloughing of side slopes expected to occur after dredging occurs. The applicants should ensure a ten -foot dredge offset from coastal wetlands includes all emergent salt marsh vegetation, oyster reefs, and shell bottom to minimize environmental impacts to sensitive habitats. EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: • The permit should not allow the width of the access channel to be more than 20 feet. • The permit should require a ten -foot dredge offset, based on the projected equilibrated side slopes, from coastal wetlands including all emergent salt marsh vegetation, oyster aggregations, and shell bottom. 2 • The permit should require best management practices, such as field marking oyster reefs and shell bottom, to keep construction equipment and activities from encroaching into oyster and shellfish habitat. Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR Section 600.920(k) require the Wilmington District to provide a written response to this letter within 30 days of its receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" with the Wilmington District, an interim response should be provided to the NMFS. A detailed response then must be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the response is inconsistent with the EFH conservation recommendations, the Wilmington District must provide a substantive discussion justifying the reasons for not following the recommendations. Thank you for the opportunity to provide these comments. Please direct related questions or comments to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 728-8750. / for Sincerely, Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE, Tyler.Crumbley@usace.army.mil USFWS, Pete_Benjamin@fws.gov NCDCM, Doug.Huggett@ncdenr.gov, Gregg.Bodnar@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net F/SER4, David.Dale@noaa.gov,,Ken.Riley@noaa.gov Coats, Heather From: Crumbley, Tyler SAW<Tyler.Crum bley@usace.army.mil>' Sent: Thursday, August 18, 2016 2:00 PM To: Saramiller@outlook.com; cgmille2@gmail.com Cc: Coburn, Chad; Coats, Heather Subject: FW: [EXTERNAL] Sara and Casey Miller 2016-01463; NMFS Comments Attachments: Miller_2016-01463_EFH_FINAL.pdf; SampleAgentAuthorization Form. pdf Sara and Casey, My name is Tyler Crumbley, Project Manager for the Corps. I received the attached comments from the National Marine Fisheries Service in response to the CAMA application you submitted. Your Corps Action ID is SAW-2016-01463. We will need to respond to these comments in writing. I also will need an agent Authorization for you to request these impacts on land/water that you do not currently own. I also need you to show that you have avoided and minimized the amount of dock and dredge requested and that you cannot do what you want to do with less impacts to waters of the U.S. Thanks in advance for your response. -Tyler Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone:910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" -----Original Message ----- From: Robin Wiebler - NOAA Federal [mailto:robin.wiebler@noaa.gov] Sent: Thursday, August 18, 2016 8:49 AM To: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil>; NC FWS Pete Benjamin <Pete_Benjamin@fws.gov>; NC DCM Gregg Bodnar <Gregg. Bodnar@ ncdenr.gov>; NC EPA Todd Bowers <Bowers.Todd@epa.gov>; SAFMC Roger Pugliese <Roger.Pugliese@safmc.net>; David Dale - NOAA Federal <david.dale@noaa.gov>; Sharon Rolfes - NOAA Federal <sharon.rolfes@noaa.gov>; Ken Riley - NOAA Federal <ken.riley@noaa.gov> Subject: [EXTERNAL] Sara and Casey Miller 2016-01463; NMFS Comments Administrative Assistant Habitat Conservation Division Atlantic Branch PHONE: 843 762-8604 Robi.n.Wiebler@noaa.gov <mailto:Robin.Wiebler@noaa.gov> DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Sarah and Casey Miller COUNTY: New Hanover PROJECT NAME: Miller Excavation, BH, and Docking Facility LOCATION OF PROJECT: 363 Friday Drive, adjacent to Pages Creek, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-29-16 / FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Robb Maairs n DISTRICT MANAGER REVIEW: y ,Y. 2� B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 7-2-16 ✓a tC fKn6o ADJ. RIP. PROP NOTICES REC'D: ee lq�/9 APPLICATION ASSIGNED TO: oq>5 C) 75 DAY DEADLINE: qb-0110 MAIL OUT DATE: 6-29-16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $4001 #654 ✓ END OF NOTICE DATE: 7-23-16 DEED REC'D: Wrr,< 7U evz C&yly ON: %/i/(/ 150 DAY DEADLINE: STATE DUE DATE: 7-23-16 FED COMMENTS REC'D: DRAFT S,g 'GENCY S - }21vo(IMOMrx >4Zos 4o, j?&, Ihv< vb �P DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Fi Z Ilr ✓ Division of Community Assistance (e 2 /(, Land Quality Section (DEMLR) Division of Water Resources (401) T (IM Storm Water Management (DEMLR) State Property Office 77 /l1 /(e r Division of Archives & History '% 2V/(r Division of Environmental Health RECQVED Division of Highways 71 pie Wildlife Resources Commission Local Permit Office DC M- M H D CITY Division of Marine Fisheries / DCM Inv (a(t Corps of Engineers ' pw S 7/i 3`/ L Recommendations for State Permit — Sara and Casey Miller 6/29/2016 The total square footage of platform and docks was calculated as follows: Shoreline length = 345' x 8 sq. ft. = 2,760 sq. ft. (2,000 sq. ft. max. allowed) Proposed floating docks = 40' x 6' and 30' x 6'= 420 sq. ft. Total = 420 sq. ft. The proposed excavation of the area within the existing basin/access channel to Pages Creek appears to be CONSISTENT with15 NCAC 07H.0208 (b)(1). Based on aerial photography, it is the opinion of this office that the area for the proposed maintenance excavation is located within an area historically used for docking and navigational purposes. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule, the eight square foot rule and the pier width rule. The proposed docking structures would be located entirely over open water. It is the staffs recommendation that the proposal to fill Coastal Wetlands and construction a new timber bulkhead waterward of an existing bulkhead are INCONSISTENT with the Rules of 15 NCAC 71-1.0208 (b) (7) (B) Use Standards for Bulkheads and Shore Stabilization Measures states "bulkheads shall be constructed landward of significant marshland or marsh grass fringes". The applicant is proposing to construct a new timber bulkhead waterward of an existing wooden bulkhead; the proposed alignment would be waterward of a fringe of Smooth Cordgrass. Although the proposed development appears to be inconsistent with the Rule; however, it would seem that replacement of the existing bulkhead in the same location would present a greater environmental problem with potential erosion and washout during the construction process. If the other review agencies do not have concerns on the limited amount of resources that would be impacted, this office has no objections to the proposed project. RECEIVED JUL 05 2016 DCM- MHD CITY MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Applicati #nSara and Casey Miller, New Hanover County Date: August 2, 2016 The applicant proposes to perform maintenance excavation within an existing access channel, and the construction of a new bulkhead and private docking facility within Pages Creek. The project is located at 363 Friday Drive, adjacent to Pages Creek in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are CW, EW, PT and ES. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection. In general, Wilmington -New Hanover County allows development in Resource. Protection classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. Cc: File In Coastal Management ENVIRONMENTAL QUALITY June 29, 2016 TO: Mark Zeigler WiRO Division of Community Assistance PAT MCCRORY Governor DONALD R. VAN DER VAART Secrelar BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats()-ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Sara & Casey Miller Project Location: 363 Friday Dr, adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY:_ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED AAAz DATED 6 - �2 9 ' 16 Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY June 29, 2016 TO: Dan Sams District Manager DEMLR - WiRO PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatslaDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Sara & Casey Miller Project Location: 363 Friday Dr., adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. SIGNED This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATED (� a 1(0 RECEIVED DUM WILMINGTON, NC JUL 0 5 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat, Wilmington, NC 28405 910-796-7215 IN PAT MCCRORY Governor DONALD R. VAN DER VAART ?a Secretary Coastal Management BRAXTON DAVISD v to. ENVIRONMENTAL QUALITY RECEIVED/NCDENR/M June 29, 2016 JUN 2 9 2016 TO: Chad Coburn 401 Wetlands Water Quality Regional DWR-WiRO. Operations Section Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsc(Dncdenr.00v Fax: 395-3964 fCourier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Sara & Casey Miller Project Location: 363 Friday Dr., adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �f.s�f :Sli�ccv;Sot' DATED OCM WECEIVED ILMWGTON, NC AUG 19 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-7964215 Water Resources ENVIRONMENTAL OUALiTY August 18, 2016 Ms. Sara A. Miller 363 Friday Drive Wilmington, NC 28411 Subject Property: 363 Friday Drive — Wilmington PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN New Hanover County DWR Project # 16-0664 Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Myers; You have our approval, in accordance with the attached conditions and those listed below to perform maintenance dredging within 0.12 acres of open waters (5,275 square feet) within Pages Creek, to construct a new bulkhead, and to construct a new, private, docking facility as described in your CAMA application received by the Division on June 29, 2016. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, 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: htto://yortal.ncdenr.orglweb/war/swa/ws/401/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. 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 respon i&Womplying with all OCM WILMINGTON, NC State of North Caroline I Depsranent of Environmental Quality I Division of Water Resglyggs Y U 2016 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 363 Friday Drive - Wilmington 2016-0664 s New Hanover County Page 2 of 4 conditions. Any new owner must notify the Division and request the Certification be issued in their name {I 5A NCAC 02H .0501 and .0502}. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide .each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15A 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 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. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 021-1.0507 (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, NO AUG 19 2016 30 Frtday Drive - Wilmington 2016-0664 New Hanover County Page 3 of 4 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 Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [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 NC Department of Environmental Quality (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: hh ://t)ortal.ncdenr.or web/wq/swp/ws/401/certsaiidpermits/apply/forins). 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 (OAH). A petition form may be obtained from the OAH at httn://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). 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. RECEIVED DCM WILMINGTON, NO AUG 19 2016 363 Friday Drive - Wilmington 2016-0664 New Hanover County Page 4 of 4 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 Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 . 0 -, 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.Burdettearicderingov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Cobumancdetingov. Sincerely, e':�, ice. Jim Gregson, 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 Jennifer Burdette — Wetlands and Buffer Unit WiRO DCM WEC ILM NIGTON, NC AUG 19 2016 �p Coastal Management ENVIRONMENTAL QUALITY June 29, 2016 TO: Georgette Scott Stormwater Section DEMLR - WiRO PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Direclar ECEIVE JUN 2 9 2016 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cilncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Sara & Casey Miller Project Location: 363 Friday Dr., adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: _,,fhis 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 DATED % 3d CEIVED DCM WI IN N. NC J 3 016 State of Noah Carolina I Environmental Quality I Coastal Management RECEIVED 127 Cardinal olive Ext., Wilmington, NC 28405 DCM WILMINGTON, NC 910-796-7215 JUL 5 2916 Energy. Mineral & Land Resources ENVIRONMENTAL OVALITY September 12, 2016 Sara and Casey Miller 363 Friday Drive Wilmington, NC 28411 Subject: EXEMPTION Stormwater Project No. SW8 160625 Miller Dredging and Bulkhead Project New Hanover County Dear Mr. and Mrs. Miller: PAT McCRORY Governor DONALD R. VAN DER VAART Secretory TRACY DAVIS Director On June 29, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on June 30, 2016 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concernin this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott(la),,ncdenr.gov. D Sincerely, FtECENE SEP 212016 Tracy E. vis, P.E., Erector C� w( Division of Energy, Mineral, and Land Resources pCM_ MHO GDS/gds: \\\Stormwater\Permits & Projects\2016 \160625 Exemption\2016 06 permit 160625 cc: New Hanover County Building Inspections Shaun Simpson-DCM WIRO DCM Morehead City Wilmington Regional Office Stormwater File State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28405 9107%7215 Coastal Management ENVIRONMENTAL QUALITY June 29, 2016 RECEIVE[) JUL 0 DOA STATE PROPERTY OFFICE TO: Tim Walton Dept of Administration State Property Office PAT MCCRORY Governor DONALD R. VAN DER VAART Seoerary BRAXTON DAVIS 7xrecro. FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Sara & Casey Miller Project Location: 363 Friday Dr., adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 44L-�_ DATED���c//L RECEIVED DCM WILMINGTCN, NC JUL 1- 4 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 Coastal Mana ENVIRONMENTAL June 29, 2016 PAT MCCRORY cnvcmor Z ., LD R. VAN DER VAART �:-.----U Secretary JUL 07 2016 BRAXTON DAVIS DlrecWr 4STOR1r_ �Ir tktt9 - 1115 TO: Renee Gledhill -Early Dept. of Cultural Resources I It Archives & History FROM: Heather Coats. Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aD_ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review�1�u�lb Applicant: Sara & Casey Miller Project Location: 363 Friday Dr,adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this fonn to Heather Coats at the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED *� �Y DATED 7 ' RECEiVEr_� DCM WILMINGTON, NC JUL 2 1 2016 Stale or North Carob. I Envnonmenlal QoalitY I Coaml M-Wooern J L i ' Z016 127 Cmdinal Done Ext, Wilmington, NC 29405 910-796-7215 �q' Coastal Management ENVIRONMENTAL QUALITY June 29, 2016 TO: Ben Hughes NC DOT NH County PAT MCCRORY Govemor RECEIVED DONALD R. VAN DER VAART JUL 01 2016 S"''I" NC DOT BRAXTON DAVIS U,nelor DISTRICT 3 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cilncdenr.00v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Sara & Casey Miller Project Location: 363 Friday Dr., adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: V 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 Z %�� DATED ? 5 ?0140 RECEIVED I)CM WILt.NNGTCN,. NG JUL 0 S 2016 State of North Carolina I Enviromnental Quality I Coastal Management 127 Cardinal Ddve E.L, Wilmington, NC28405 910-796-7215 X., Coastal Management ENVIRONMENTAL QUALITY June 29, 2016 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Sara & Casey Miller Project Location: 363 Friday Dr., adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 0-7 t�Qvtnoti�Qll>ti LS DATED S Received JUL 1.1 2016 DCM State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve E.L, Wilmington, NC 29405 910-796-7215 1 �` t�: i. � °,r �' dli i 1;�iY r._� i� PAT MCCRORY Governor �25A 56 �8 Coastal Management m r� JUL 2016 ENVIRONMENTAL QUALITY O M HdM June 29, 2016 `sue llrle� TO: Maria Dunn NCWRC For WiRO DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Otrecror FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Sara & Casey Miller Project Location: 363 Friday Dr., adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this fonn to Heather Coats at the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. IThis 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 �I DATED 4 - 21 REGEIVcu DCM WILMINGTON, NC JUL 2 5 20% State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Exl, Wilmington, NC 28405 910-796-7215 uW i � !I CoastdMaaagement ENVIRONMENTAL QUALITY June 29, 2016 TO: FROM: SUBJECT: Applicant: Project Location: RECEIVED JUL - 1 2016 NEW HANOVER COUNTY PLANNING & ZONING Christir_ie Bouffard LPO' New Hanover Cm PAT MCCRORY Cmue DONALD R. VAN DER VAART r BRAXTON DAVIS Dkrt r Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm.; NC 28405 heather.coats(cDncdenroov Fax: 395-3964 (Courier Q4=18-33) CAMA / Dredge & Fill Application Review Sara & Casey Miller 363 Friday Dr., adjacent to Pages Creek, in W17mington, New Hanover County Proposed Project: to pe►form maintenance dredging and construct a bulkhead &docking facility ti: Please indicate below your ragency's position or viewpoint on the proposed project and return "tftfs brm to Heather Coats at the address above by July 23, 201& If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: ✓This agency has no objection to the project as proposed. r This agency has no comment on the proposed project. SIGNED This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. etoteofNWWwolinIEomuoncoWQmlrtrIC EWM=Wmat 127 Cmd'melDriveU., W7m%gtm, NC 28405 910.796-7215 DATED24ZI Received. JUL 0 5 1016 DCM Coastal Management ENVIRONMENTAL QUALITY June 29, 2016 TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City PAT MCCRORY Governor DONALD R. VAN DER VAART Secretory BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenr.00v Fax: 395-3964 (Courler 04-16-33J, SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Sara & Casey Miller Project Location: 363 Friday Dr., adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility _Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: I 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 DATED RECEIVED RECEIVED DCM WILMINGTON. NC JUL 2 5 2016 JUL 05 Z016 DCM- MHD CITE' Smte of NonR CwoNne I ERYIInnmental Quality I CoaffW Management 127 Cmdinal Driw Fx ., Wilmington, NC 29405 910-796-7215 Environmental Quality r _ PAT MCCRORY Governor DONALD R. VAN DER VAART - Secretary MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Sara & Casey Miller DATE: 7/25/2016 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject.permit application for proposed actions that impact fish and fish habitats. The applicants propose to perform maintenance dredging; repair an existing floating dock; and construct a new docking facility, to accommodate 4,total vessels. The surrounding waters are classified as Secondary Nursery Area (SNA), able:to support shellfish (SA), and are conditionally approved closed to shellfish harvest. Coastal wetlands are.also present throughout the vicinity. The waters are classified as SNA, which are estuarine waters commonly used as, a developmental transitional zone, where later juvenile development takes place.' Species within this area are mixture of juveniles that have migrated from the primary nursery areas upstream,.sub-adults and adults. Shallow habitat, such as this, with coastal wetlands and oyster reefs; provide vulnerable juvenile.species with protection from predators, an abundance of food, and water temperatures . preferable to juvenile flnfish and shellfish' species: Coastal wetlands are considered among the most productive ecosystems in the world (NCDEQ 2015). Coastal wetlands are a productive detritus based,system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to. flood. damage, and provide nursery functions and support fish production. Recent research [ndicates,that even narrow fringes of wetlands are essential factors for fish utilization and erosion control (Whaley and Minello 2002; MacRae and Cowan 2010; Minello et al..2011; Gewant and Bollens 2012).. An estimated 95%of commercial finfish. and shellfish species in the US are wetland dependent (Feierabend.and Many 1987). Species common to coastal wetlands include sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and penaeid shrimp; with.a myriad of prey species as well. Wetlands can enhance foraging functions of adjacent habitats, which is Why primary (PNA) and secondary (SNA) nursery habitats are closely linked with coastal wetlands. In addition; these wetlands are important to waterfowl feeding and nesting activities. State of North Carolina I Environmental Quality 400 Commerce Avenue/Morehead City. N.C. 28557 - 252-808728081252.247-33,30 [fax] - An Equal Opportunity MI'llwative Action Employer I l4 ?a; Environmental Quality PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary The narrative.states that permit history was not available for the dredge footprint, and was.determined utilizing aerial imagery and application information. There is concern that the proposed dredge footprint Width within the basin may impact coastal wetlands through sloughing into the dredge footprint. It is recommended that a minimum loft buffer around coastal wetlands be used to minimize the potential for wetland sloughing. This may require modification of the dredge footprint. The proposed boatlift appears to be in waters marginal to launch a vessel without increased potential to. impact SNA habitat though "prop kicking" and direct contact with the bottom.. It is recommended that stops be installed on the lift to reduce the potential forvessel impact to the bottom. Finally, a.moratorium on in water work, to include dredging, from-1 April to 30 September is recommended to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery functions: Contact Gregg Bodnar at (252)808-2808 ext. 213 orgrees.bodnar@ncdenr.eovwith further questions or concerns. Boswell, K.M., Wilson, M.P., MacRae, P.S., Wilson, C.A. and Cowan Jr, J.H., 2010. Seasonal estimates of fish biomass and length distributions using acoustics and traditional nets to identify estuarine habitat preferences in.Barataria Bay, Louisiana. Marine and Coastal . Fisheries, 2(1), pp•83=97. Feierabend, J.S.•and Zelazny, J.M.,1987. Status reporton our nation`s wetlands. National Wildlife Federation. Gewant; D: and Boliens, S.M., 2012. Fish assemblages of interior tidal marsh.channels in relation to environmental variables in the upper San Francisco Estuary. Environmental biology of fishes,-94(2), pp•483-499. Minello, T.J., Rozas, L.P. and Baker, R., 2012..Geographic.variability .in salt marsh flooding patterns may affect nursery value for fishery species. Estuaries. and Coasts, 35(2), pp.5O1-514. MCDEQ (North Carol[ria.Department of Environmental Quality).2016. North Carolina Coastal Habitat Protection Plan Source Document. Morehead. City, NC.. Division ofMarine :Fisheries. 477 p: , Whaley, S.D. and Minello, T.J., 2002. The distribution if benthic infauna of a Texas salt marsh in . relation to the marsh.edge. Wetlands; 22(4), pp.753-766. . .. State of North Carolina I Environmental Quality 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 1252-247-3330 [fax] An Equal opportunity IAffirmallve Action Employer tip Coastal Management ENVIRONMENTAL QUALITY June 29, 2016 TO: Heidi Cox Environmental Engineer Public Water Supply PAT MCCRORY Governor DONALD R. VAN DER VAART Secretory BRAXTON DAVIS Direclor JUN 04'dlol, ? 9 701� p p Ewa" tesourice. FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsaC),ncde irgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Sara & Casey Miller Project Location: 363 Friday Dr., adjacent to Pages Creek, in Wilmington, New Hanover County Proposed Project: to perform maintenance dredging and construct a bulkhead & docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 23, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED I RECEIVED DCNI WILMING 1 CN, w� JUL 13 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coats, Heather From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Tuesday, July 26, 2016 10:31 AM To: Michael.A.Davis@uscg.mil; Huggett, Doug; kathryn_matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete Benjamin@fws.gov; bowers.todd@epa.gov; Wilson, Debra; John; Gledhill-earley, Renee; Owens, Jennifer L SAW; SCOtt.D.MCAl00n@uscg.mil; Coats, Heather; ken.riley@noaa.gov; Annette, Justin R SAW; Coburn, Chad; Ryan.A.Phillips@USCG.Mil; Mairs, Robb L Cc: Beter, Dale E SAW; Hair,Sarah E SAW; Policarpo, John N SAW; Crumbley, Tyler SAW Subject: CAMA GP 291 SAW-2016-01463 / 363 Friday Drive: Dock, Bulkhead, and Dredge / Pages Creek/ New Hanover County Attachments: 363 Friday Drive.kmz; CAMA Appication Bio Report and Plans.pdf; ePN_2016-01463_363. Friday Drive_Dredge_Dock.pdf All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the.subject project. The attached notice requests federal agency comments on this project by August 26th, 2016. The applicant proposes to construct a single family docking facility, perform maintenance dredging within an access channel, and construct a new bulkhead. The bulkhead construction will impact 304 sq. ft. of coastal wetlands for backfill. The docking structures include replacement of a 6.5' x 29' dock, construction of a new 6' x 250' fixed pier, and a 6' x 40' floating dock with 3 slips, and a 13' x 13' boat lift. The applicant also requests authorization to excavate — 322 cubic yards of sediment from 5,275 sq. ft. of shallow bottom habitat within a 315' long by 25' wide access channel to a depth of -3' MLW, all within Pages Creek, Wilmington, NC. The applicant has proposed to utilize on -site uplands (>30 ft from MHW setback) to dispose of the material. The proposed dredging method is mechanical and will utilize "Bucket to Barge", Clamshell, method then dispose of the material on uplands near the project area. The proposed excavation and construction project is located at 363 Friday Drive in Pages Creek, Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.274276 N,-77.776159 W. Additionally, a Google Earth .kmz file is attached for reference. Please see the attached field investigation report/application for more detailed information concerning the proposed project. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Impacts are expected to be minimal due to small size of the project area and temporary nature of sedimentation impacts, but the change in habitat and use of the shallow bottom habitat will be permanent. Coastal wetlands will be impacted, but shading will be minimized by pier and dock heights at least 3' above the vegetation. The waters within the project area are not designated as PNA, however PNA is upstream of the project area. SAV is not expected to be present based on aerial imagery of the project location. The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project will affect, but not likely adversely affect the West Indian Manatee. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project'area. The use of Manatee Guidelines will be required as a permit condition. Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2b05 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact me if you have any questions and please provide comments as soon as you can, or by August 26th, 2016. Thank you, Tyler Crumbley Regulatory Project Manager U.S Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" �tit1T pp OR Lek SSATLS Ui Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Action ID No. SAW-2016-01463 November 29, 2016 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Sara and Casey Miller, to perform maintenance on an existing docking facility, construct a new pier and docking facility, install a bulkhead to protect the shoreline, and perform maintenance dredging within an access channel and existing boat basin adjoining Pages Creek, located at 363 Friday Drive Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.274276 N,-77.776159 W The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hqp://www.fws.gov/nc-es/mammal/manatee guidelines.ndf. The width of the access channel shall not exceed 15 feet as described on the revised plans dated October 25, 2016. 3. A ten -foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh vegetation shall be instituted as described and shown in the revised plans dated October 25, 2016. 4. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. RECEIVED DEC 0 5 2016 DCM- MHD CITY -2- 5. Best management practices identified as field marking existing oyster reefs and shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 6. In order to protect juvenile frnfish resources, no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 7. 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. 8. 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. 9. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 10. 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. 11. 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. 12. 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. 13. Except as specified in the plans attached to this permit, no excavation, fC E IV E D mechanized land -clearing activities shall take place at any time in the construction or DEC 0 5 2016 DCM- MHD CITY -3- 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. 14. 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. 15. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 16. 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. 17. 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. 18. 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. 19. 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 A-L--L (North Carolina General Statutes Chapter I I3A Article 4). RGGft++���17�I V E D DEC 0 5 2016 DCM- MHD CITY M2 20. 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. 21. 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. 22. 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 Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Sincerely, Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Enclosure: Revised Plans dated October 25, 2016 Copy Furnished (with enclosure): Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 RECEIVED DEC 0 5 2016 DCM- MHD CITY -5- 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 Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georigia 30303-8960 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Debbie Wilson North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED DEC 0 5 2016 DCM- MHD CITY DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE - WILMINGTON, NORTH CAROLINA 28403-4343 January 6, 2017 Action ID No. SAW-2016-01463 - 363 Friday Drive; Miller Ms. Sara Miller 363 Friday Drive Wilmington, North Carolina 28411 Dear Ms. Miller: Reference your application for a Department of the Army permit to dredge an access channel construct a docking facility and bulkhead in Pages Creek at 363 Friday Drive, Wilmington, 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 and attached Federal special conditions. 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, 2021. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Branch, telephone 910-251-4170. Enclosures: Special Conditions CAMA Permit GP 291 conditions M ley Regulatory Project Manager 4_�ECEIVECD DOM WILMINGTON, NO JAN 092017 -- - --- -w- -... C - opieMrrish eftelo-surei)i, Dr. Pace Wilber. , National Eabitat Conservation MAsion 21.9 Fort Johnson Adad thadest0h, Saudi ,OkOlijia29,41--9'2� '0 ,fl Dr. ft Wiley -NatiqnaJwIarine FishdriesService EabitAt Cdhs&.V.dtlon Service TIMM,$ 140d - 'Beaufort, North Carolina, *28516 Wh%'Doug Hugg&tt N-4ision 6 ff, , , f, 0 -oa gal ag6tdcht North Carolina Deliaitmeutof' EtLvironmenYQl Quality wq- . ..... Morehead 'City, N oi4h't&0 lind. 19557-3421 Ms.. Debra Wilson, Division qfCpasial Manapme4f North 'CarcilinaDepartmentof Enviranniental Quality 1.27 Cardinal. Drive; W,Ngqn Higgins DMkion of Water.Resburccs North Caro'lifia:I)epartiiient`af Environmental Qi)alty �TO-WWServlc.e'CenteK eigh R -al ,.,N *th,.CaroIiha. 2-7699-1650 Mr..,PbtO,,AOnjknIn VS.,Fish and Wildlife Servke, Pbst'.Office Box.33726 . e Ral igk N I bithtaf6krid 27616=3716 t Mr: Todd AllenBowers 'US EPAR606h4Life Scibitift Water Protcedoh-Divis-ion 61 vbtAyffi Street, SW Atlanta, Georgia 30103-$900 .BOSN3 Mrs SddttMcAldbn United States Obast Ouard. Sectoyli-beth Camliha W.,Atqm- yq)464a gemen Atlantic Beach'.'NorlYCarolina 28512 `Division of Coas tal , stal Management North pling.,pepart-mlerit of Environmental; Quality '127-Cardinal Drive VilmIVojj,NdrtVC4r6Iina 284,05- W,' b�:Mairs�, __1319 Dhdsion of Water Resources of EnvironnientaLoualfty 117'Cardinal I?KI'7 ' yp' -.aroll-na 29405 5pqiaLConditions 9A*201&01i 463 ipap#tus, the applicant .niusfimp Guidelines, 8�16tlyadheie jemcn0he�V.9jF.jsb,andWi Wildlife prvic�'qMilm ' a - tee.,Guideli s, and t.6all ,rqquke;ijentsftre,ih. Theguidelinescan be16und at bttb,//www.fWs.0Ydkc" es/mammalhnanatee. guidelinesndf 2. Th6width of.th& aocessOfiann6j shall; not ,exceed 1,'5'fe.et. as,,described .q4 the :rqvlspoplans: dated October 3kten4ddt &6dgd.df6& fkdh all wetlai ' S, 6ythfaggrg6fions.1,0611 ertXergentsalthiaskVegdt4eioii,shalf,beinstituted 5g�,descrfVedand,showninifio.,revfse&lans,ldaie'&,.()Otober2 WI 6, 4All excavated -materials will ,be,confined landward -of the .-'mean' hi"hlwater level clervation: contour within adequate dikes or other retainuig structures to prevent spillover`of dretged materials info_ any vegetated` ,wetlands ,o-r,"s'.Mto"un-dih waters; ,S. tlest managementpracticesid6ntified-a field -marking existing;oyster reefs iddih&ff'bottdb ins at law .tide sball'beJmpIemert6d;ihorder't6.pfV&it,,Oh§�fi6n&ddredgingdquipinentfroim 6, In order to; protect juvenile-fulfiSh -,,.ng, pcqayahqnq, filling activities1willbe; 1,444September30;of,,any�yeuwithetit. W. ap fthd the ptovdo inaMivision of Coastal Managehient an 'th `9 N(?#4 Carol' d eu. ;AfmYC6#i9bfEh-g'hiders. II UA. 772-2191., 9. All work autharima by this,' submfdpd,plans,Ai*a are P.Par(of the,VS Anny, Corpsof Engineers- (USW §. The d6dUtand-picas B6.6f) above the wetland substrate any, signal thesepl'ans mustbe.apWoVed by be elevated suJI161,0iftly (kmhumumof 3 gcf4JUIOA,,sub%r;vt% or other elements,of 10. The Permittee;understands`airdagreesthat,iffuturer'Aerations!liytheUnitedStatesrequire the'reihoval, telocaifO14 or Abralteratioji, of tlij-v structure orw . trucint oirk;heroijiauiborized;,orif, iu the inion of Secretary -.of the Arm y orhis authorized representative, said structure or work shall,cause unreasonable oUtructi;n ig-ftNenavigaiijon ofibema�ig4 wafeis,,,*,permitted,,A;ilI b&,rd4u , Red, upon, from 'i relocate; 6k alter structutaLwork� orobstructionscausedthere y, without &Oeuseto-the hitddStates, 4 11. Approval of the vstruefure is based on. determinations'that there would bemo-obstruction',to ion. -Thestiu.cwre.M4y,-bedamaged bywave w"h.Nmpassingvessels. Issuance ofthikl5e it, not'be construed, as -relievii�gthe,permitte.e,df�t&ii* pro b"structure -and 06i §teP§,tb,insdre t e 12.1he authorized gfwcture:aa4ussocjatedactivity must Apt interfere w , i;hjhe,pubIicIs right to free loaftation,on aftayigWet waters of the,'U 'No attempt will be made by "the permittee iopreventtlie-bill and freeuseby the --public of all navigable waters dtw adjacent., to the:au6orizedvokk for, reason othek.tharts6f6ty., 13', xkqepi-gs. specified in,'th9p e. this permit, no q4cgqjqon, fill.ormechanized aring activities -1.,- jaqs_attached _tq— land -clearing -shall take place at any time in - the construction oimaint6jiance offhisprqjject, in such,amanner as to impair normal. -flows and circulatioupatteinswi nwaers.,or,,wetiAndso-:r_fo,.ireduce the reach- of waters orWedEtrids. 1-4, 1xcept-as aufhofized.'by Ws.permit or anyl7SAGE approved_modificatibu to this permits w excavation; till gr.�mechanized, 'Ia.w. land-c.l�,ladng activities'shallTake:place at any :in , the construction - I or ,maintenance of this project;,within waters or�-.-tian&'-This,p(Fimii.dods!fidtd:uthoii2�6'terfip0x&y� placement h'andling:of exeavateiT or fill niaferial vrithitt. waters or wetlands, outside the• permitted. area. This-prohibitionapblies toaU.boi-tow-aid fill activities connected with this project:,, 1516, All mechanized. equipment Will be regulazly inspected and rfiaihtdndd'tdpr'a'v'ent', contamination ofwaters and wetlands from fuels; lubricants, hydbuilicluids,or other tMic materials. uiu ar the perm ittee." shau, hi the event a spill of Pdtf6le, products bk anyotherhaz dow -Waste, N.Q: ivisioiro Jmme&t6Iyfepbit,,It tothe" b* f,W4t,er'Resources-,at,(_ I _�5, 2fi or -(809,) 1662-79567 and provisions -of "the Noith iCkolina Oil ;F'olludon,a;kcljig2irOO4'Substances Contr6l Adt Will. be followed:• i6. Ijuidg§ Adf e;autbmized by, this pennit,gll..M matetial pIaced.in wafers or wetlandst §lialf,be,generated from aii upland source and.will be 61c iq,�m Jicludipg from land clearing,acf vities�n or` gain materials (i unsightly dqbris�,wfll not be used: il'. ItAe.f0i cedIsc6*6f§ any archeological remains while ,acoomplishing the authdrized'work,,hq,-,vdA immediately-noLtify the Wilmington District Engineer. who ,Will initiate the required qoprdipq0o-!j procedures. 18. The p6imi . tte6 shall reqUife; . its I dofitfabtbhs and/or ;agents io,bdriiplywith the terms and conditions of this ermit is the construction acid maintenance of 61$ project, and Aalj°prqVide,each of: llits ,d6iittactor.qarid/6'r,.agenfs,qssQo,iaiqo,with ih-ocqqsi,rup qgqrm4i4tqnpi�9,oflhispioject,,withaeop.y. ofthispermit, A...'co copy"of this pqmitj including Q, conditions,. at� the -'eject site NPproject ,,during construction and-maint6nance, of this,pi6j,6ct. 1 19. Tlie: p"ermtteeshAlllemliloy, all sedimentationanderosion control measures necessary to prd,ventaif increasOin sedimentation:gr turbidity within watqr4an4-we#aqdq outside the permit area. 5 I I s shali.ifi6fii&,:bnt is not llmited16,,the j r- rn-ediateinstdilation of-silt.fendffigy ousimifar devices aximnaall areas stibioct to soil disturl ance.gr1hem -filj,--aqd-the of p4oq4i gtibAizatioxf,of alldikuibe&arcasi Additionally, dW.qaUy,-thc--q-prpjpct' t remain in -full com ?Lspeofs qfftSLc4imo jjtio--n"Co##bl'Act of, 1973 (Mith Cafolina.CT.eiidtAlSf4t4t 113A,-Adhole'4}., 10— Theactivit ' Al, nila yvu be conductedia such'ia, manner as., 0 significant increase;in turbidity ouiiide the 4r.ePLofconsirueiibin.,orconsiruc:ii6n-related -discharge: Jndeas6s such thatthe; turbidity -i4the wafqrbp4y s,5O-NTU!sw less in,'&rivers not designated trout waters by the North Carolina Division ofEnvirbnfheiitgMaftAk,diiibritNbDEM -j5-�$Ojrldss-- in 41'l9Altwaf0rclasses ,are ncons red.significani. intrqutwatos�,.-of - id.e 2J.L ThO'pertniftep, before: completion of the w the Se-cretarv:ofthc:Armys 22. YlQlatiousoffheseoncUiibns or. qz,of thi§ permit orfupon its expiration ,edstatds and, in. -such direct, recto"re the watez or wetland to its. of.the.Clcah'Water Actor. Section 11 J W Z W W Z Q C7 W Q M W .NI 6 U I N _ s O o XJOO 9NUVOIJ ,QC X ,9 0 o� m � d N Y _ M � Y J ry O Y N a Z 0 x ^ O 10D Q ~ Q Z CL N ` W W 0 CL m W WO Y U N 3 Vf 0 c C E U Z 0 �( n W o: W a a 3 o W Z N N + 3 W x n zo C a � � o '� 00 c j Ed \RECEIVED f JUL 0 5 2016 ECEIVED DGM w LMa NGTON,, Nr DCM- MHD CITY JUN 2 9 2016 Miller/363 Friday Project Margaret Rawlins/Karen Harbaugh, sellers 363 Friday Drive, Wilmington NC Page Name 910-686-1898,910-264-7901(cell) New Hanover County, North Carolina Casey d Sora Miller, buyers Notes: Pier Elevation Date drawn: 6/28/16 mer/kfh Scale: 1' = 10' Sheet 10 of 12 C C 0 t i Z 2 z L\ w �- p— m r rc a4 S I RECEIVED N Q � . w N � % RECEIVED DCM WILMINGTON, NC JUN2-2016 Miller/3153 Friday Project Margaret Rawlins/Karen FMrbaugh, sellers 363 Friday Drive, Wilmington NC Page Name 910-686-1898, 910-264-7901(cell) New Hanover County, North Carolina Casey d Sara Miller, buyers Notes: Bulkhead Detail Date drown: 6/19/16 mer/kfh Scale: Various Sheet 11 of 12 I ! N/ -4 ` /s'r P, A X. a �? RECEIVED M {' A JUL 0 5 2016 a 1 DCM- MHD CITY 3 i ♦ '� Oar RECEIVED �'" �"•� DCM WILMINGTON, NC JUN 2 1 2016 Miller/363 Friday Project Margaret Rawlins/Karen Harbaugh, sellers 363 Friday Drive, Wilmington NC Page Name 910-686-1898, 910-264-7901 (cell) New Hanover County, North Carolina Casey 6 Sara Miller, buyers Notes: Property Surny Date drawn: 6/19/16 mer/kfh Scale: -I' = 600' Sheet 12 of 12 r s • f'y x Existing � Bulkhead •� Existing Retaining Wall Existirg Turning _ Basin 20'x20' Property Line, } *� Spears, y. Riparian Line X _. B51 f Property Line, Jordan New Bulkhead, 152' Riparian Line Existing Boat \` Basin 251x45' marsh y. Existing Access Channel 250'x15' NewPi er ' New Ramp 6'x25 New Boat Dock 6'x40' w/ one lift Pages Creek Channel Boat Lift 13' x 13' Proposed projects: A) Repair/replace existing 6'5'x29 dock B) Dredge existing boat cove: Access channel: cut 1.6 Boat basin: cut 2.9 Turning basin: cut 2.0' C) Future replacement of bulkhead (timber, 24'setup) D) New 6' x 25a pier, with 6' x 25' romp and 6' x 40' dock with 3 slips, including one boat lift on Pages Creek Channel See Dredge Template for dredge volumes. !'xtend to 'naec C^eek -.RECEIVED channel JUL 05 2016 M- MHD CIT IIIIIIIIIIIIIIRCEIVED DCM WILMINGTON, Nh JUN 2 9 2016 Miller/363 Friday Project Margaret Rawlins/Karen Harbough, sellers 363 Friday Drive, Wilmington NC Page Name 910-686-1898, 910-264-7901 (cell) New Hanover County, North Carolina Casey d Sara Miller, buyers Notes: Proposed Projects Date drawn: 6/28/16 mer/kfh See plat sketch for spoils field location Scale: 1' = 60' Sheet 5 of 12 t !`, Alp Approximate High Water Line Shoreline Measurement - 345 feet, Scale - 1:60 _.T.. 1., Channel �. gym( J 2C�F oat Pages Creek Approximate Pages Creek Width Measurement - Scale - 1:200)LM WILMINGTON, NG J U N 2 9 2016 Miller/363 FridayProject J Margaret Rawlins/Karen Harbaugh, sellers 363 Friday Drive, Wilmington NC Page Name 910-686-1898, 910-264-7901 (cell) New Hanover County, North Carolina Casey 6 Sara Miller, buyers Notes: Approx HWL Shoreline Measurement Date drawn: 6/28/16 Based on 2012 aerial photo measurements Pages Creek Width Measurement Scale: various Sheet 6 of 12 0 Data taken on June 12, 2016, 8:20 AM to 9:OOAM. Low tide approximately 9:15 AM, by observation. Water levels relative to MLW based on Wrightsville Beach Tidal Datum data, 6/12/16. A, B, C show Dredging Template Locations. ,RECENED JUL 0 5 2016 DCM- MHD RECEIVE& DCM WILMINGTON, NC JUN 2 9 2016 Miller/363 Friday Dr Project Margaret Rawlins/Karen Harbaugh, sellers 363 Friday Drive, Wilmington NC Page Name 910-686-1898, 910-264-7901 (cell) New Hanover County, North Carolina Casey 6 Sara Miller, buyers Notes: Boat Cove Water Levels Date drawn: 6/28/16 5cole: V = 50' Sheet 7 of 12 p 97opul *e)fi � g�.eprf�siw , 16' f _ -I•Z° 1 fgo/,, I,cPk,6e G, Gr�dl;�I'10V f Ir tp,. 1 L 13' 15' 14 Ct; k �. , �— i Ifs,,,' RECENED JUL 0 5 Z016 DCM- MHD CITY RECEIVED DCM WILMINGTON" NC JUN2!2016 Miller/363 Friday Project Margaret Rawlins/Karen Harbaugh, sellers 363 Friday Drive, Wilmington NC Drawing Names 910-686-1898, 910-264-7901(cell) New Hanover County, North Carolina Casey S Sora Miller, buyers Notes: brecip Templates Date drawn: 6/20/16 nw.r/kfh Scale: " =10' Sheet 8 of 12 5t, Silt fence 75'setback 30' setback buffer / )5ho� / 30' NHW Flu Svoils - on empty front lot A. 20'x40'x2.8' = 2240 ft3 B. 45x55x2.8' = 6930 ft3 Total = 9170 ft3 or 340 cy N RECEIVED JUL 0 5 2016 MHD CITY Area of Environmental Concern Boat marsh cove marsh/ RECEIVED DCM WILMINGTON, NC JUN2i2016 r� Miller/363 Friday Project Margaret Rawlins/Karen Harbough, sellers 363 Friday Drive, Wilmington NC Page Name 910-686-1898, 910-264-7901(cell) New Hanover County, North Carolina Casey 6 Sara Miller, buyers Notes: Spoils Location Date drawn: 6/19/16 mer/kfh Scale: 1' = 500' Sheet 9 of 12 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT rR42 APPLICANT'S NAME: Sara and Casey Miller 2. LOCATION OF PROJECT SITE: 363 Friday Drive, adjacent to Pages Creek, in New Hanover County. Photo Index - 2006: 22-7428, C, 11-12 2000: 22-277, B, 10-11 1989: 4-174-13, 2-3, K-L State Plane Coordinates — X:2369490 Y:192921 LAT:34°16'25.78"N LONG:77°46'37.44"W 3. INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 05/16/2016 Was Applicant Present — Yes (current owners) 5. PROCESSING PROCEDURE: Application Received — 06/29/2016 (Completed) 6. SITE DESCRIPTION: 9 Office — Wilmington (A) Local Land Use Plan — City of Wilmington -New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: CW, PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Residential (E) Wastewater Treatment: Existing — Septic Planned — N/A (F) Type of Structures: Existing —Single-family residence, timber bulkhead, private docking facility Planned —Maintenance excavation, new docking facility and bulkhead (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED QTHER (A) Vegetated Wetlands (Shading) 1,260 sq.ft. 5,275 sq.ft. 919 sq.ft. (B) Non -Vegetated Wetlands (Open water (C) Other(Highground) 3,275 sq.ft. (D) Total Area Disturbed:-10,729 sq. ft. (0.25 acres) (E) Primary Nursery Area: No (Secondary) (F) Water Classification: SA Open: No (Conditionally Approved Closed) PROJECT SUMMARY: The applicant requests authorization to perform maintenance excavation within an existing access channel, and the construction of a new bulkhead and private docking facility within Pages Creek. RECEIVED JUL 05 2016 DCM- MHD CITY Miller Page 2 02-. 9. PROJECT DESCRIPTION: The project site is located at 363 Friday Drive, adjacent to Pages Creek, in New Hanover County. To locate the property from the Wilmington Regional Office (WiRO), travel north on Market Street (US Highway 17) for approximately 2.7 miles until you reach Middle Sound Loop Road. Turn right onto Middle Sound Loop Road and travel east approximately 2.0 miles past the travel circle located at Ogden Elementary School. Turn left on North Hills Drive until it reaches Friday Drive. Turn left onto Friday Drive and continue until you reach the property of interest, which will be located on the left. The site is approximately 1.3 acres of highground area, which ranges from approximately4'to 12' above normal high water (NHW). The applicant is currently under contract to purchase the property and the owners currently maintain a single-family residence. The adjacent properties in this area of the Middle Sound community are primarily residential. There is approximately 345 linearfeet of shoreline on the site that overlooks Pages Creek, which is partially stabilized by a timber bulkhead and the remaining by natural vegetation. Waterward of the bulkhead is a fringe of Coastal Wetlands ranging from approximately 10' —15' in width consisting primarily of Smooth Cordgrass(Spartina altemiflora). Existing high ground vegetation on this tract consists of grasses, ornamental landscaping and hardwoods including Oak. Waterward of the highground towards Pages Creek the vegetation on the property transitions to an area consisting of mixed Coastal Wetlands and "Section 404 type" vegetation, which includes: Wax Myrtle (*rice cerifera) and Salt Meadow Grass (Spartina patens). The vegetation transitions to an area of Coastal Wetlands ranging from approximately 100' to 200' in width, consisting primarily of Smooth Cordgrass (Spartina aftemrflora). There is an existing private docking facility located within an existing boat basin and access channel to Pages Creek. An access leads from the timber bulkhead onto a floating dock, measuring approximately 30' in length by 6' in width, which runs parallel to the shoreline. The NC DCM was unable to locate permit history of the existing docking facility and access channel, however, based on historical aerial photography review and information provided in the application, dimensions of the existing access channel are approximately 315' in length by 25' in width with existing water depth of approximately -1'@ normal low water (NLW). The existing access channel extends in a northeasterly direction where it connects to the main channel of Pages Creek. Based on the 5/16/2016 onsite meeting during a falling tide, the existing water depth at the edge of Pages Creek was approximately -3.0' @ NLW. The City of Wilmington -New Hanover County Land Use 2006 Update Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Pages Creek are classified SA 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 Conditionally Approved -CLOSED to the harvest of shellfish by the N.C. Division of Environmental Health. PROPOSED PROJECT: The applicant requests authorization to perform maintenance excavation within an existing access channel, and the construction of a new bulkhead and private docking facility within Pages Creek. The applicant proposes to perform maintenance excavation within the existing access channel adjacent to the applicant's property, with dimensions of approximately 315' in length by 25' in width to a final project depth of -3.0' @ NLW, which would tie into connecting water depths of the access channel to Pages Creek. The material would be excavated mechanically by bucket -to -barge method, which would result in the removal of approximately 322 cubic yards (cy) of material. Excavated material would be placed on the barge for dewatering and then transported to a highground area onsite, which would be located greaterthan 30' from NHW. The application also states the existing floating dock within the basin would be replaced within the existing dimensions. The application states a new access pier, measuring approximately by 250' in length by 6' in width would extend over the existing wetlands towards the access channel to Pages Creek. An access ramp would lead onto a floating dock, measuring approximately 40' in length by 6' in width, which would run parallel with the access channel. One (1) boatlift, measuring approximately 13' in length by 13' in width would be constructed on the landward side of this floating dock, just to the edge of the access channel to Pages Creek. The application states the existing and new docking facility would accommodate up to four (4) vessels at this location within proposed water depth of approximately 4 @ NLW once the maintenance excavation is accomplished and approximately -3.0' @ NLW at the edge of the natural channel of Pages Creek. RECEIVED JUL 0 6 2016 DCM- MHD CITY Miller Page 3 N2 The application states a new timber bulkhead measuring approximately 152 linear feet would be constructed approximately 2' waterward of the existing timber bulkhead, which is primarily within the existing basin. The proposed bulkhead would incorporate approximately 304 sq. ft. sq. ft. of Coastal Wetlands, which primarily consists of Smooth Cordgrass (Spartina aftemrflora). The area between the new bulkhead and the highground would be filled with de -watered spoil material used from the maintenance excavation of the access channel (See Sheets 1 through 12 of 12 and Project Narrative). 10. ANTICIPATED IMPACTS: The proposed maintenance dredging would disturb approximately 5,275 sq. ft. of shallow bottom area, which appearsto have been impacted previously. This would result in the removal of approximately 322 cy of material from the existing access channel. Based on historical aerial photography the channel has been in continual use since the early 1980's. The disposal of the spoil material would impact approximately 3,275 sq. ft. of highground, which would be located on -site the applicant's property landward of the 30' buffer from NHW. The proposed elevated access pier would impact approximately 1,260 sq. ft. of Coastal Wetlands due to shading. The proposed docking facilities would incorporate approximately 919 sq. ft. of Estuarine Waters and Pubic Trust Area and would not encroach into the adjacent 15' riparian condor setback requirement. The proposed docking facility would extend approximately40' into a waterbody, which measures approximately 230' across. This distance conforms to the 1/4 width rule and the established pier head line and appears to not encroach into the channel of Pages Creek. The proposed new docking facility and replacement of the existing docking facility would accommodate up to four (4) vessels at this location within proposed water depth of approximately -3' @ NLW. The proposed new bulkhead would incorporate approximately 304 sq. ft. of Estuarine Waters and Public Trust Areas and approximately 3,040 sq. ft. of highground for associated backfill material and tie -back anchor system. The proposed bulkhead would incorporate approximately 304 sq. ft. sq. ft. of Coastal Wetlands, which primarily consists of Smooth Cordgrass (Spartina attern flora). The bulkhead would disturb approximately 1,800 sq. ft. of highground forthe associated backfill and tie -back anchor system. Minor increases in turbidity should be expected during the dredging event; however, no long term adverse impacts are anticipated. RECEIVED JUL 05 2016 DCM- MHD CITY Submitted by: Robb Mairs Date: 6/29/2016 Office: Wilmington IN Project Narrative Casey and Sara Miller (buyers) propose to perform the following specific projects at 363 Friday Drive: 1. Repair or replace the existing 6' 6" x 29' dock. 2. Perform dredging in the boat cove located on the property a. Access Channel - cut 1.5' b. Boat Basin - cut 2' c. Turning Basin - cut 2' 3. Repair or replace the existing bulkhead. 4. Build a new 6' x 250' pier out to Pages Creek, with a 6' x 25' romp to a 6' x 40' dock with 3 boat slips, including one boat lift. Also included is future maintenance dredging of the boat cove, as necessary. Although no dredging permits have been found, a 1966 aerial photo (1966-3GG-90) shows that the cove appears to have been originally dredged before 1966. See Page 4. Soundings in the boat cove and in Pages Creek channel were done in order to determine water level information. Water levels were converted to MLW levels by using Wrightsville Beach Tidal Datums. See Page 7. This project is very similar to that described in Permit No. 38-15 (March 11, 2015) which was granted for A. Murphy at 127 Canady Rd, Wilmington, NCrgrrdwhs4�i9ED very near the Friday Drive property. 11 %E-tkir— V JUL 0 5 2016 Notes: DCM- MHD CITY Some sketches and drawings are based on 2012 aerial photos of the property. RECEIVED DCM WILMINGTON, NC JUN 2 9 2016 Miller/363 Friday Project Margaret Rawlins/Karen Harbough, sellers 363 Friday Drive, Wilmington NC Page Name 910-686-1898, 910-264-7901 (cell) New Hanover County, North Carolina Casey At Sara Miller, buyers Notes: Project Narrative 6/28/16 Scale: NA Sheet 2 of 12 I" RCM 11P-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1, PrlmaryApplicant/Landowner►nfonnation Business Name Project Name (If applicable) Buyers Of 363 Friday Drive, Wilmington, Nc 28411 Miller/363 Friday Project Applicant 1: First Name MI Last Name Sara A Miller Applicant 2: First Name MI Last Name Casey G Miller H additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 363 Friday Drive na Wilmington NC ZIP Country Phone No. ) FA Ne.FAOniiL No, $r2 28411 use 919-412-3178 ext. 336-403-2690 Street Address (if different from above) City State ZIP same Same same same Email saramiller@outlook.com, cgmille2@gmail.com 2. Agent(ContractorInfonnadon Business Name SELLERS Of 363 Friday Drive, Wilmington, NC 28411) Agent/ Contractor 1: First Name MI Last Name Margaret E Rawlins Agent/ Contractor 2: First Name MI Last Name Karen F Harbaugh Mailing Address PO Box City State 363 Friday Drive na Wilmington NC ZIP Phone No. 1 Phone No. 2 28411 910 — 264 - 7901 ext. marg 910 - 264 - 7902 ext. Karen FAX No. Contractor • sellers of 363 Friday Dr., Wilmington, NC Street Address (rf different from above) City State ZIP same Same same same - Email same RECEIV LJ DCM WILMINGTON, NC <Form continues on back> JUL 05 2016 J U N 2 12016 252-808-2808 :: 1.888-4RCOA87 :: ww, to gCATret.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. S new hanover 363 Friday Drive Subdivision Name City State Zip (behind Treasure Cove, not a part of subdivision) Wilmington NC 28411 - Phone No. Lot No.(s) (A many, attach additional page with list) 910 - 264 - 7901 ext. Tract A, 363 Friday Drive, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Pages Creek 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 EManmade []Unknown Pages Creek to ICW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed NYes ❑No work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 345 ft 1.3 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 1.3 acres, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 12' NNHW or ❑NWL e. Vegetation on tract landscaped yard, trees, marsh grass f. Man-made features and uses now on tract house, wired shop, bulkhead, pier & dock RECEIVED g. Identify and describe the existing land uses ad'ace to the proposed project site. residential DCM- MHD CIT In. How does local government zone the tract? L Is the proposed project consistent with the applicable zoning? residential (Attach zoning compliance certificate, t applicable) NYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo []NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does t involve a []Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC JUN 2 12016 252.808.2808 .. 1-888.4RCOAST .. vv ,w.nccoast.eimanagement.not Form DCM MP-1 (Page 3 of 4) APPLICATION for V- Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) tt yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. New Hanover County sewer o. Describe existing drinking water supply source. well, on site p. Describe existing storm water management or treatment systems. na 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. Dredging of the existing boat cove and access channel to maintain its usability. Replacing the existing dock to ensure continued safe access to the existing boat cove. Constructing a new pier to access a new dock at the main channel of Pages Creek. The new dock shall be sufficient to safely moor three boats, including one boat lift. The bulkhead repair/replacement shall ensure against erosion of ground surrounding the water. All are for private recreational purposes. 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. Dredge barge with associated earth movers; piling driving rigs to set pilings; carpentry tools to construct docks, pier, and bulkheads. d. List all development activities you propose. Build a pier to a new dock, build a new dock, replace when necessary the existing bulkhead, repair or replace the existing dock, maintenance dredging of the existing boat cove. e. Are the proposed activities maintenance of an existing project, new work, or both? both I. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public acoessway or other area ❑Yes ®No NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. na i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No DNA If yes, will this discharged water be of the same salinity as the receiving water.?❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No DNA If yes, attach a mitigation proposal. VE4CM WILMINGTON, NC <Fortn continues on back> JUL 05 2016 JUN 2 12016 MHD CITY 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 to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application Instruction booklet on how to property prepare the required 'gems 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 uMamillar 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 fist 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 Verna Jordan Phone No. 910-616-5111 Address 3.41 Trelawnery Court, Wilmington, NC 28411 Name Richard and Joyce Spears Phan No. 910-681-0075 Address 357 Friday Drive, Wilmington, NC 28411 Name Phan No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permlttee, and issuing dates. none found It. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. I. 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. 9 the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. 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 bess/t���of my knowledge. F. Date 6/19116 Print Name M. Rawlins ugh_( I�c Sara &Casey Miller (buyers) Signature r ` A. 4.1 . Please Indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ' RECEIVED WION, NC ❑DCM MP-3 Upland Development RECEIVED ®DCM MP-4 Structures Information JUN 2 12016 JUL 0 5 2016 fit, Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 250 20 45 Width 15 20 25 Avg. Existing -1.5 NLW -1 NLW -1 NLW NA NA Depth Final Project -3 NLW -3 NLW -3 NLW NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 322 cy w/ slumping c. (1) Does the area to be excavated include coastal weaands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None (ii) Describe the purpose of the excavation in these areas: continued use of the existing boat cove and access channel 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. on site C. (1) 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 wetlaods/marsh (CW ), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL NNone (it) Describe the purpose of disposal in these areas: storing material (until leached) for future leveling and backflling ❑ This section not applicable b. Type of material to be excavated. sand d. High -ground excavation in cubic yards. 0 El This section not applicable b. Dimensions of disposal area. 45' x 56, 20' x 40' d. (i) Will a di "al area be available for future maintenance? ®Yes ❑No ❑NA (it) B yes, where? f. (i) Does the disposal include any area in the water? []Yes NNo ❑NA (il) If yes, how much water area Is affected? RECEIVED RECEIVED DCM WILMINGTON, NC JUL 05 2016 JUN 2 12016 DCM MHD CITY /. i 112 111 3. SHORELINE STABILIZATION pThls section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Lenolh: 152 ®Bulkhead ❑Rprap 08reakwatertSlll ❑Other. c. Average distance waterward of NHW or NWL: 24*1 e. Type of stabilization material: timber g. Number of square feet of fill to be placed below water level. Bulkhead backfill 608 sf Riprap Breakwater/Sill_ Other_ i. Source of fill material. dredge spoils Width: V d. Maximum distance waterward of NHW or NWL: 24' f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ®No ❑NA (ii) if yes, state amount of erosion and source of erosion amount Information, nor h. Type of fill material. sand QECEIVED JUL 0 5 2016 r)CM- MHD CITY t OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) ! a. (1) Wil1fill material be brought to the she? ❑Yes (:]No ❑NA b. 0) Will fill material be olaced in coastal wedands/marsh (CWI. If yes, (ff) Amount of material to be placed in the water (ig) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? piled on site with a silt fence, placed more than 39 behind high water line c. (I) Will nevi lwnal aids be required as a result of the project? ❑Yes INo ❑NA (if) if yes, explain what type and how they will be implemented. Date Miller)363 Friday Project Project Name submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB _ OWL ❑None (ii) Describe the purpose of the fill in these areas: b. - What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? small dredge and backhoe; typical marine construction methods d. (I) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (II) If yes, explain steps that will be taken to avoid or minimize environmental impacts. not expecting to but if necessary we will use matting to protect wetlands Casey & Sara Miller (buyers) Applicant ame 41 7c CI V ED Applicant ignature D l WILMIN�GTON, NC 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 ❑PublicJGovemment ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes NNo c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes NNo (ii) Number 1 new pier If yes: (III) Length -Iqo, q t/vv l— (ii) Number (iv) Width 6' (iii) Length _ (v) Floating ❑Yes NNo (iv) Width _ (v) Floating ❑Yes ❑No e. (i) Are Platforms included? NYes ❑No f. (i) Are BoatI is included? NYes ❑No If yes: If yes: (H)Number 2 (ii) Number 1 (iii) Length 29' fexissting). 40' (new) (ill) Length 13' (iv) Width 6, & (iv) Width 13' (v) Floating NYes []No Note: Roofed areas are calculated fmm dnpline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 3 (one with a boat lift) ❑ Full service, including travel lift and/or rail, repair or maintenance service (if) Number of slips existing ❑ Dockage, fuel, and marine supplies 1 ❑ Dockage ('Wet slips) only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water, dredging for basin and/or channel ❑Open water, no dredging required ❑0ther; please describe: dredging will occur for maintenance of existino boat cove and its access channel k. Typical boat length: 24 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed types RECEIVED JUL 0 5 2016 DCM- MHD CITY I. (i) Will the facility be open to the general public? `• RECEIVED DCM WILMINGTON, NC JUN 2 12016 m. (!)Will the facility have tie pilings? ❑Yes []No (li) If yes number of be pilings? ❑Yes ®No 12. DOCKING FACILITY/MARINA OPERATIONS ® This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpoul; Give type and location: b. Describe treatment type and dispoeat location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (I) Give the location and number of 'No Sewage Discharge' signs proposed. (It) Give the location and number of'Pumpout Available signs proposed. I. Describe the special design, it applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? I cv `V `V R h• Give the numberof channel markers and 'No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. HD p�M_ M j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin gushing? RECEIVED C JUN2i2016 I. If this project is an expansion of an existing marina, what types of services are currently provkled? na m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ®Yes ONo n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marinafdockirg facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW Q ❑SAV ❑SB _ OWL ONone p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No a 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. (1) Is the boathouse structure(s): ❑Commercial ❑Prblic/Government ❑PdvaleiCommunity (ii) Number Qi) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpfle, etc. ff a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable a. (1) Number 01) Length _ (ill) Width 5. BREAKWATER (e.g., wood, sheoile, 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): OCommemial ❑Pubik/Govemment ❑Pdvate/Community a Distance to be placed beyond shoreline Note: This should be measured from marsh edge, ff present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVE- - ��B p ,NC JUI 0 5 2016-- JUN 2 ? 2016 DCM.. h.dHn CITY e. Are of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 40' & >200' 60, Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body —1060' e. (1) Will navigational aids be required as a result of the project? [--]Yes [--]No NNA Oil If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL -5' 8. OTHER NThis section not applicable a. Give complete description: Date I Miller/363 Friday Project Project Name Casey & Sara Miller (buyers) Applicant ame 1 App( 6Kt signature RECEIVED JUL 0 5 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC JUN 2 1 2016 Site Location ee G` e� a Q aQ 4 ,oa X o"sc -49 Y� LL�9 a de 0 Pages Creek Meson's Maria; Ci4o51 nNr! `Cap' s Middle Sound Church <<r� Maaon Landing Rd Cie �q 411 �i RN9iS l f r1403 e ��� RECEIVED JUL UD 2Ulb RECEIVED DCM WILMINGTON, NC DCM- MHD CITY JUN 2 i 2016 Miller/363 Friday Project o goret Rawlins/Karen Harbaugh, sellers . 363 Friday Drive, Wilmington NC Page Name 910-686-1898,910-264-7901(cell) New Hanover County, North Carolina Casey 6 Sara Miller, buyers Notes: viei " Map Date drawn: 6/19/16 mer/kfh Scale: 1' _ -800' Sheet 3 of 12 0 rJ W APAO This 1966 aerial photo (1966-3GG-90) shows the existence of this boat cove. RECEIVE RECEIVED .lUl_ 05 2016 DCM WILMINGTON, Nl It IN 2 i 2016 Miller/363 Friday Project Margaret Rawlins/Karen Harbough, sellers 363 Friday Drive, Wilmington NC Drawing Names 910-686-1898, 910-264-7901 (cell) New Hanover County, North Carolina Casey d Sara Miller, buyers Notes: 1966 Aerial Photo of Boat Cove Date drawn: 6/19/16 mer/kfh Scale: NA: Sheet 4 of 12 PAT MCCRORY Governor dt' r,Y Coastal Management ENVIRONMENTAL QUALITY June 29, 2016 Mrs. Sara Miller and Mr. Casey Miller 1964 Wilton Circle Raleigh, North Carolina 27615 Dear Mr. and Mrs. Miller: DONALD R. VAN DER VAART Seaetmy BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application for the proposed development located at 363 Friday Drive adjacent to Pages Creek, near Wilmington, New Hanover County. It was received as complete on June 29, 2016 and appears to be adequate for processing at this time. The projected deadline for making a decision is September 12, 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 June 29, 2016 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. cc: Doug Huggett, DCM-MHC, Heather Coats, DCM-WiRO Tyler Crumbley, USACE Christine Bouffard, NH Co. Ms. Margaret Rawlins and Ms. Karen Harbaugh e - I VI>" G� obb L. Mairs Field Representative RECEIVED JUL 05 2016 DCM- MHD CITY State of North Carolina I Eavitoamemal Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 NOTI(01*17j AMA PERMIT Aperr! aLGlpenanc r cOava'tio within 0 GOMMENTS ACCEPTED THROUGHJuly 23, • APPLICANT: FOR MORE DETAILS CONTACT 16-LOCp6PER( I1 JWFICER BELOW: Mrs. Sara Miller and Mr. Casey Miller N Div. 0 oEa a management 1964 Wilton Circle 1Z-f Gardinal or. Extension Raleigh, North Carolina 276 55 ming on, Ro airs, ie epresen a iive 910-795-7423 Agent: Rawlins & Harbaugh (910) 264-7901 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT rim I hereby certify that I own property adjacent to Karen Harbaugh & Margaret Rawlins's (Name of Property Owner) property located at 363 Friday Drive Wilmington NC 28411 (Address, Lot, Block, Road, etc.) on Pages Creek in New Hanover County N.C. (Waterbody) (City/Town and/or County) The appI' nt has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must rill in description below or attach a site drawing) 1. Repair or replace existing dock 2. Maintenance dredging of the existing boat cove 3. Repair the existing bulkhead 4. Add new pier and dock at Pages Creek channel (See attached Proposed Projects drawing) RECEIVED JUL 05 2016 DCM- MHD CITY WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Address Date Property Owner Information) Print or Type Name 357 Friday Drive Mailing Address --RECEIVED DCM WILMINGTON, NC JUN2?2016 (Revised 6/1 a12012) ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Karen Harbaugh & Margaret Rawlins's (Name of Property Owner) property located at 363 Friday Drive Wilmington NC 28411 (Address, Lot, Block, Road, etc.) on Pages Creek_ _ , in New Hanover County 10 (Waterbody) (City/Town and/or County) (:aant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must rill in description below or attach a site drawing) 1. Repair or replace existing dock 2. Maintenance dredging of the existing boat cove 3. Repair the existing bulkhead 4. Add new pier and dock at Pages Creek channel (See attached Proposed Projects drawing) RECEIVED JUL 05 2016 DCM- MHD CITY WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. 363 Fridav Drive Mailing Address Wilmington NC 28411 City/StatelZip 910-686-1898 TelepjonebNump�er � DateG/ (Adjacent Property Owner Information) -i. Q n Signature Verna Jordan Print or Type Name 341 Trelawnev Ct Mailing Address Wilmington NC 28411 RECEIVED C1tylStatelZtp DCM WILMINGTON, NC 910-616-5111,910-799-2001 Telephone,Numbpr J U N 2 - 2016 Date (Revised 611812012) IV1bocuSign Envelope ID: BE643EC7-COD6-44FG85A2-o29D436BFE67 ucoasW OFFER TO PURCHASE AND CONTRACT y � ca [Consult "Guidelines" (Form 2G) for guidance in completing this form] For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). t1. erm. TERMS AND DEFINMONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each (a) "Seller": Karen F Herbatrgh (b) "Bayer": Sara Anne Millar Casov Glenn Killer (c) "Property": The Property shall include all that real estate described below together with an appurtenances thereto including the improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seiler should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2AI I-T) with this offer. Street Address: 363 i 353 Friday Drive City: Wilmington County. Ker gar Zip: 28411 North Carolina NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot(Unit 77R , Block/Section The PINIPID or other identification number of the Property is: Other description: TR A HARBAUGH BTAL pRop ( 83A Some or all of the Property may be described in Deed Book 2028 at Page (d) "Purchase Price" $ N $ $ Subdivision/Condominium Treasure Cove as shown on Plat Book/Slide at Page(s) Paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I (f) by 0 cash ® personal check ❑ official bank check ❑ wire transfer, EITHER 0 with this offer OR ® within five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by cash or immediately available funds such as official batik check or wire transfer no later than 77ME BEING OF THE ESSENCE with regard to said date. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum (Standard Form 2A3-7). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). Should Buyer fail to deliver either the Due Diligence Fee or any Initial Eprn c y �y es�y their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the ' Eii f,V( payment is drawn, Buyer shall Page I of 12 JUL 0 5 2016 This farm jointly approved do QySTANDARD FORM 2-T North Carolina Bar Association Revised 7/2015 tcee North Carolina Association of REALTORS®,Inc. M- H ® 7/2015 Buyer initiaL—Gi �Shck Seller initials I RECEIVED F. 91a2 DCM WILMIN NC Pmdurad wdh vPFumeMzlpt fa0r0 Ftree R PQIX n "etl. Fr m. Whip n 46 6 - t JUN2i2016 DocuSign Envelope ID: BE643EC7-COD6-44FC-85A24yaN SFE67 have one (1) banking day after written notice to deliver cash or immediately available funds to the payee. In the event Buyer does not timely deliver cash or immediately available funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall berefunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller at liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs liqu and 4(e) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty detemuning Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding- (f) "Escrow Agent" (insert name): —_ Intracoastal Realty NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ("Broker') is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terns of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h) "Doe Diligence": Buyer's opportunity during the Due Diligence Period to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 4 below, to decide whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to conduct Due Diligence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 8(n) or Paragraph 12, or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. 0) "Due Diligence Period": The to said date. begginning on the Effective Date and extending through 5:00 p.m. on 2016 TIME BEING OF THE ESSENCE (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and the closing attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on Jftw 6 20I6 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated byltN C D `. Page 2 of 12 JUL 0 5 2016 w STANDARD FORM 2-T Buyer initials $itM Seller initials /�� F I CITY Revised 7/nIS �F *EIVED ®7l101s r,aa,redsdl #FWM9by.0LQ& 18070Fnaaa M1ae Faso, Mlhu. �QUWUMNGTON, NC 363 Friday Drive, J U N 2 12016 DocuSign Envelope ID: BE643EC7-CODE-44FC-85A2-029D4368FE67 20. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR@ or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 21. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a party herein, and any fee, deposit or other payment to be delivered to a parry herein, may be given to the party or to such parry's agent. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 22. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 23. COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was requited to be performed or made. Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyers failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: April 28, 2016 rdwuY�,aN Buyer I ,arts At,ut,1k,11r.r anahme Miller Date: April 20, 2016 '�/0--W . ar, Buyer I IA4L ILL. Mllllr llxxier Entity Buyer (Name of LLCICorporation/Pattnership/Tntst/etc.) By: _ Name: Title: Date: Date: Seller Date: Seller Entity (Name of LLCICorporation/Parmership/hust/etc.) By: _ Name: Title: Date: RECEIVED RECEIVED DCM WILMINGTON, NC Page 10of 12 JUL 05 2016 1 JUN 2 12016 DCM - M H D CITY STANDARD Revteed 7/is ® 7/2015 Produced mod aipFarma by AAo4x IN70 Hftwn MM Noel, Fraser, Mcregen 40026 rlsroaix 363 Friday Drive, DocuSign Envelope ID: 24C87AB3-CE90ADF9-86FF-056FDA0338FD ADDITIONAL PROVISIONS ADDENDUM Property:363 Friday Drive and 353 Friday Dri, Wlmington„ NC 28411 Seller: Karen F. Harbaugh„ Margaret E. Rawlins Buyer:8ara Ann Miller, Casey Glenn Miller This Addendum is attached to and made a part of the Offer to Purchase and Contract ("Contract") between Seller and Buyer for the Property. NOTE: All of the following provisions which arc marked with an "X" shall apply to the attached Offer to Purchase and Contract or Offer to Purchase and Contract - Vacant Loul and ("Contract"). Those provisions marked "N/A" shall not apply. 1. EXPIRATION OF OFFER: This offer shall expire unless unconditional acceptance is delivered to Buyer on or before AM ❑ PM, on TIMF, RF.ING OF THE F.SSFNCF„ or until withdrawn by Buyer, whichever occurs first. 2. (To be used with Offer to Purchase and Contract Form 2-T only) SEPTIC SYSTEM INSTALLATION/ MODIFICATION: As a part of the Buyer' s Due Diligence, Buyer intends to obtain an Improvement Permit or written evaluation from the County Health Department ("County") for a (check only ONE) ❑ conventional or ❑ other ground absorption sewage system for a bedroom home. Except for the costs for clearing the Property, all costs and expenses of obtaining such Permit or written evaluation shall be home by Buyer unless otherwise agreed. Sella shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections by no later than (NOTE: Insert a date that will allow testing to he completed prior to the end of the Due Diligence Period.) 3. RENTALANCOME/INVESTMENT PROPERTY: The Property shall be conveyed subject to existing leases and/or rights of tenants. Seller shall deliver to Buyer on or before true and complete copies of all existing leases, rental agreements, outstanding tenant notices, written statements of all oral tenant agreements, statement of all tenant's deposits, uncured defaults by Seller or tenants, and claims made by or to tenants, if any (NOTE: Insert a date that will allow review to be completed prior to the end of the Due Diligence Period). Any security deposit held in connection with any lease(s) shall be transferred to Buyer at Settlement and otherwise in accordance with North Carolina Tenant Security Deposit Act (N.C.G.S. § 42-54). Seller ❑ will ❑ will not transfer to Buyer any pet fee/deposit at Settlement. NOTE: DO NOT USE THIS PROVISION FOR PROPERTY SUBJECT TO THE NORTH CAROLINA VACATION RENTAL ACT. A VACATION RENTAL ADDENDUM SHOULD BE USED IN SUCH CASES. 4. X AGREED -UPON REPAIRS AND/OR IMPROVEMENTS: Seller agrees, prior to Settlement Date and at Seller's expense, to complete the following items: Seller agrees to submit an application for a major CAMA permit, including all required fees, for the following items: a) dredging of the boat cove, b) a new pier and dock for at least 2 boats, including a boat lift on Pages Creek. c) maintenance and/or replacement ofo the bulkhead, and d) repair or replacement of the current dock. If there are any unforeseen charges associated with the permit application process between the time of closing and the final answer from DEQ/CAMA, it will be paid for by seller Seller agrees to repair the back, flat portion of the roof, paying all costa. Buyer shall have the right to verify, prior to Settlement, that the above items have been completed in a good and workmanlike manner. pp�C�^+ec''``'' nj� 5. MANUFACTURED (MOBILE) HOME: The Property stpl6t'1ttQl ANI(Eag manufactured (mobile) home(s) located on the Property: VIN(s): or❑ VIN(s) unknown Other description (year, model, etc.): 1111 05 %nis This form jointly approved by: Page 1 of TANDARD FORM 2A11- T North Carolina Bar Association be M - M H D n e Revised 7/2815 REACTOR® North Carolina Association of REALTORS®, Inc. gip' ® 712015 RECEIVED Buyer initial (,CA Seller initials x��l MAP DC�M WILMINGTON NC Realty WaM i119-A A441my Cue, �,lm„gbn, NC Pocuc 91UZ563528 fu: 910.1 b5889 �IW: CynMia ll 8an Plodueed Aa by zipLegix 19070 Fifteen Mile Read. Fraser. Ml9higan 46028 ypp ,wnp 1"� JUN 2 12016 DocuSign Envelope ID: 24C87AB3-CE90-4DF9-86FF-056FDA0338FD IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE CONTRACT, THIS ADDENDUM SHALL CONTROL, EXCEPT THAT IN THE CASE OF SUCH A CONFLICT AS TO THE DESCRIPTION OF THE PROPERTY OR THE IDENTITY OF THE BUYER OR SELLER, THE CONTRACT SHALL CONTROL. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Dat$: Sara dtu4r whr �ac,.ovr.aa,e. Buyer:6/11/2016 Sara Ann Miller 6/11/2016 ramu w Buyer: l �4uN 4LWa, Atr e>valmoolYenn Miller Entity Buyer: (Name of LLC/Corporation/Partnership/rrust/eteJ By: _ Name: Title: Date: Seller: 'l Arm F-Hdz&ijah V MI 201619:48:48 Karen F. Harbaugh, Date: Seller: E. ka, L-5 $ OB/11201619:45:34 Margaret E. Rawlins Entity Seller: (Name of LLC/Corporation/Parmership/Trust/ctc.) By: _ Name Title: Date: Page 2 of 2 RECEIVED JUL 05 2016 DCM- MHD CITY STANDARD FORM 2A11-T Revised 712015 ® 7/2015 RECEIVED Roduced with ApFam®by xipLo& 1W70Fiaecn Mile Road. Fraser, Michigen48036 wmv.noLomx.com DCM WILMINGT004NC JUN 2 12016 E4• •l .'uZG u o u I hLui ales in �.dn.N Ir hl. h+irx 1• Il+a..yh x..l YI. Yl+rp+.n P 11.�. bu., Y.I I ixL, NI' N40A 1�elurnud To Ihn Lwux.rxl um LrPnr.l Ip Ihlly 11 Ylr. n, A"-..x'1 .x 1.+, W.IaxPpe+�, NI!allil _DMIftFO TO RECORD a• ,',""�r ""n .c nnux lt.el I4. 0440s. h. Ihr I.akr. o1T OF 1 NK.r N J1 r• Nwca.x AT Pats— R. f' L'w 1.. suns IW N1i11u1 rnRIN 1Ne REDI►TER OF DEiOf C\RINTT lW NOW IIANAWIik NEVI NAMVER CdVAMAL WANNANIV DKED TTIIS INDEN IURI: hh.1e Ihu _BL 14y ul Irl.y, 1'Nh by x.l ht.r , NARRARA DUNCANUS C'AUDELL a"d I..aaad GENE CAUDKI.1., Ixak..4 the fra Iwl, and WINN r. 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Tcpft adi r aaallyd IS M/ar rd IPM IS MA M Ntlh hatlrNw dN wljw p"my rd 111da1 Dlfaa w dw" w do 14* of Tlaaara cm IddWdw alwNdld M AMP Dad IS, r Plgo SSA in dN Nm EIINNVr 419M r [)JL D 7� 3 6 3 f lP, 1��4 Y �� e21 vt �avt 1-6'7- >?, RECEIVED JUL 05 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC JUN2i2016 h .uun II,e..u, l 11 [ it (l 1) 11 ? It.11 1 Ifill 11 III UINNINI, IN n Irnnl d.... I. N,x111 d! d,l:lrr . Ill uunuhr. 1\� a 7 5 h 11 b..w au ..1.1 u,w pill, NhNh uuol.. all I u.11 lit nwl •d n IS l�rx 1..wlN u) �h..,.0 •�n hhe uugl rl Iho Su4lh.lauY b,l Ilnul \ulhltl•, nu 1'al". 11rr1.. Nc,. Ilan.... I N.NIh 1'w,dunl, I,•'•ndcd lit hhq• ll,w.\ Pnpr hI, of Ibc Noe IIIIIYI\fl tINIIIII 'ad Ilit IIINNaII\I IN11 )a.'S1xNt1 tI .Ilrµnr, lI\hwbu Irrr,W, HIf• Ills rCINn IIIN' 1' Irrt al r Puut, Choice Nlrth JI Ik►lrer JJ nliuOlr, Wra 7 5 Ica In n pdnl: IIICIICS' NIIIIh JI depla'er, IS lit, l...1,1 I4ao1 7541 feel W 11 Will': Ihro"' �IPIIII J7 1h•gta r. JJ unnulr. N+"1 7 S Fcrl Illlifel"a1N UI Ikgallllhlg. 11 r tilow IN•Illg it ,,.It .d file I S Iwo llwdway ar vhuwn .nl the Onyf 14 tba• tiulNbri.iun G1e Ilnuy tiJhug, 1M ILgrr Creek n•dxtkJ IN MrP IkPIA 1, rl I'u{r 67 of veld Iteglvlly Heing all d I,a 77. Ttersure Cove Suhdlvi>lun• vs slelwu al Olap d wtne tewrded is' halt "ouk I % a till 13 still 11A Of liar New Hutalvel ('uulrly Regl9ry, reference 1u wld A 11 leteby n1aJe ha a rattle pan Klan, daxripluln. TL) HAVE. AND To old HOLD the II smod ran r, joiwxnwN BrJ tlau r. Nersru+ In $Mmneauses" UNtO dN �kl psi caum ea. Wilk full right d wrvlrrwshlp, nrl taNu rite wrvivtx, deb htlr. old tool{Iw, w their own pipe+ M end tehool. "FUREVFR. And the aid punks Of the fins Po, fa thenwelve, their heirs sra�k sm webs . d tyreuN, pmmise uel agree m atd wph told penis d de raced put ad{a. that they r1e lawfully sifted In fee d tie above panitd atal tksc0W ptemhw, that shay INve ir'Od rt{M a sin end tl of the ormkltd `ercep three Wedn fee sit, pit.. lkse she gum aft (me mod tsn : and nd thM they ckr d dl liens aid encundraaeei a every will and their heirs slat tatclaon M adnlltlktntmr "jail wh.ttrraKvnfast Jeklrt the urine a{aitsa the lawful claim and dam"4h Of any sad all Peron IN TFSylmoNY WHEREOF, the parties d life font part have llercullu Met their buds slid vuls• the ,lay alai year font above wrilen. /'t4u�`-3�=a!rsstSEAU BARBAM &IMANS CAUDELL GENE DE`"`" -,---(SEAL) RECEIVED STATE OF NORM CAROLINA JUL 0 5 2016 COUNTY OF NEW HANOVER ��A� H D CITY a Nauy Nd+lk of listCrraNy atnl ©C/�5 Nlyeeaal(I gttl/y flagIIANBANA OUH(IANUS CAUDIILI, foal lOntwlNd..11 t1A111u,tit111M hat:9tdNg pemptally aplNaal befale 'lid Ill day aatl nwI"IM�Ie11LM1 I lil �1 1:AlIFN5 kill ` IIaFWINIa. �rrF�11� tuxal l'h.fk• P:.dii pyeM-( , �lp� �51 hi �N dlpl7•b•I n,.^INlir ..1 Mlle t!M day of May,_M/n-rPFMMtITa•- NWARY My Carrier ealaa L'gpras: 1147M RECEIVED DCV `I$ MINGTON, JUN 2 1 2916w 800"5 duU,? STATE OF NORTH CAROLINA New Timmer c"ftly 1M feOo1K/ Mnroe1 CeW1pMW tl Nrw� Metwln) hNt W �w�e1W roMwrwn. nrr.�r�• n�. M-Jtr Oe4. Me /AwYWI RECEIVED JUL 0 5 2016 DCM- MHD CITY ,NC 9.i eJ7� 1f�r��^ii)'�X?�I•i►�L!!1 Y�r!i:i;Iriil:'`•. 1:7,- _ ... iPo b-ib ru COVER SHEET for MAJOR CAMA PERMIT APPLICATION Submitted by Margaret Rawlins 910-264-7901, rawlins363 mail.com Karen Harbau 910-264-7902, Kf ec.rr.com (Sellers) Casey and Sara Miller 919-412-3178,336-403-2690 saramiller@outl000k.com, c mille2 mail.com' (Buyers) 363 Friday Drive, Wilmington NC 28411 CONTAINING: Form DCM MP-1 4 pages Form DCM MP-2 3 pages Form DCM MP-4 4 pages Project Drawings/Exhibits 12 pages Riparian Signature Pages 2 pages Contract for sale ofprop" 11 2 6 signature e Addendum to Contract for sale ofpropertyes iEes Deed for 363 FridayDrive and Treasure Cove Lot 77 RECEIVED JUN 21 2016 RECEIVED RECEIVED DCM WILMINGTON, NC JUL 05 2016 JUN 2 ? 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Gonemor DONALD R. VAN DER VAART Secrerury June 29, 2016 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Carl Spears / Pender County • Sarah & Casey Miller / New Hanover County Kyle & Heather: Please publish the attached Notice in the Saturday, July 2, 2016 issue. BRAXTON DAVIS Director The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Sincerel , Shaun K. Simpson Permitting Support Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young - DCM & Customer Ass ce (RECEIVED JUL 0 5 2016 DCM- MHD CITY FMI State of North Carolina I Environmental Quality I Coastal Maneeement 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 Wy NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR - DEVELOPMENT PERMIT - _ The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On June 22, 2016, Carl Spears proposed to install a culvert, bulkhead, and docking facility, and place fill material within Coastal and §404 wetlands at 285 Grandview Dr., adjacent to the AIWW, in Sneads Ferry, Onslow County, and on June 29, 2016, Sarah and Casey Miller proposed to perform maintenance excavation and construct a bulkhead and docking facility adjacent to Pages Creek in Wilmington, New Hanover County. Copies of the applications can be examined or copied at the office of Jason Dail (ON Co.), or Robb Mairs (NH Co.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 23, 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 JUL 0 5 2016 DCM- MHD CITY State of North Caroline I ravironmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW Fee:$400 #654 CDAITS MHC cc { ✓/ Applicant: Sara & Casey Miller (buyers) Agent/Contractor: Karen Harbaugh & Margaret Rawlins (sellers) Project Site County: New Hanover Staff: Mairs District: Wilmington Project Name: Repair/replace pier & BH; excavate basin & channel, and construct new docking facility Rover File: We River Besi :Cape Fear Initial date of application submittal: 6-2 -16 py Date application "received as complete" in the Field office: / SITE DESCRIPTION/PERMIT INFORMATION I ORW: Yes o I PNA: ❑Yes Vo Photos Taken: Yes F No❑ Setback Required (riparian): Yes o Critical Habitat: []Yes ❑No of Sure 15 foot waiver obtained: ❑Yes No Hazard Notification Returned: ❑Yes W SAV: Yes o UNot Sure Shell Bottom: ❑Yes o ElNot Temporary Impacts: ❑Yes o Sure Sandbags: ❑Yes o ❑ Not Sure Did the land use cla sification come from LUP: Yes ❑No Mitigati n Vequired (optional): ❑YesVNo county Moratorium Conditions: Environmental sessment Done: Length of Shoreline: Yes []No[]NA❑Yes ❑No[�IA 3q5 FT Shellfish Area Designation: Project Des 'lion: (code) Development Area: (code) Open -or- losed ©, Z S SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I El Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORWj WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) El (SS) Glasswort (Salicomia sp.) wetlands) El(CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina [I(SY) Salt reed grass (Spartina altemiflora) cynosuroides) [:1(DS) Salt or spike grass (Distichlis [I (SC) Bullrush or three square (Scirpus El(TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 Miller, Sara B Casey Date: 6-22-16 Describe below the ACTIVITIES:that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number se Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 O O New WoWrF— Replace Man 9 [9Y❑N 15 z5 3 New Work Replace I Maint ❑ Lp Y[IN 3 0 (p P New Work Maint ❑ Replace B" ❑ N F� NewWorkiff Maint ❑ eplacee - ^ /✓! ' New Work Eff Replace Maint ❑ ❑ Y D�N New Work Replaf� Maint ❑ [3'Y ❑ N S 5 New Work Maint ❑ Replace ❑ Y 211J 1 SUS New Work El Maint [10 Replace Y N Q Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tempimpacts) impact amount tempimpacts) amount J� 5 /7 Dredge Fill ❑ Both ❑ Other ❑ 5 23S 4-6 Dredge ❑ Fill Both ❑ Other ❑ 32 Dredge ❑ Fill ❑ Both ❑ Other Cw Dredge ❑ Fill ❑ Both ❑ Other Z U Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ �Ioedge ❑ Fill ❑ Both ❑ Other ❑ JUI. 0 5 201E 733-2293 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 10/12/06 DENR CAMA Daily Check Lo for WIRO Date Date Deposite Check Reeeipt or Received d Check From Name Name of Permit Holder Vender Check Number amount Permit Number/Comments Refund/Reallocated m 6421120161 Margaret RavAins & Karen Hao h Sara 8 Case Miller Sharonview Federal Credk Unio 654. $400,00 Mafee 363 FNday Drive Wilmington 264l l '.RM rct. 2201D W U o N _> LM W o U J _� � LU � � U a ,v MAJOR PERMIT FEE SCHEDULE `,�` Miller / $400 #654 / NH Co 0L- DCM % DWQ % Develo mentType 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% $0 111. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below ap lies: 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: $40Z 60% $240 40% $160 l 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 JUL 0 5 2016 DCM- MHD CITY