Loading...
HomeMy WebLinkAbout25-16 SEL Property Investors LLCPermit Class NEW Permit Number 25-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to SEL Property Investors, LLC, c/o D Logan, 60 Gregory Rd., Suite 1, Belville, NC 28451 Authorizing development in New Hanover County at adi. to Masonboro Sound, 5920 Nautical Isle Court. Wilmington , as requested in the permittee's application dated 12/7/15. incl. attached workplan drawings (2), both dated 12/7/15. This permit, issued on February 22, 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 ie suoJect to lines, imprisonment or civil action; or may cause me permit to lie nuu ana voia. Docking Facility 1) This permit authorizes only the expanded docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this 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 expanded 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 permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. ` a tit 1 J Braxton !t. avis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee A r. ". SEL Property Investors, LLC Permit No. 25-16 Page 2 of 3 ADDITIONAL CONDITIONS 3)'" The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with sT15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation E _ within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is ynot authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4) In order to satisfy concerns regarding impacts to shallow bottom Primary Nursery Area (PNA) habitat, physical stops shall be placed on the boat lifts at a minimum height of 18" above the bottom substrate to G,- prevent the boat lifts from disturbing the bottom substrate. The stopsshall remain in place for the life of s the docking facility. -5); The permittee shall maintain the authorized work in good condition and in conformance with the terms ¢: and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. s 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or - inclement weather. S% This permit authorizes a maximum of 2 formalized boat slips. 8) The expanded pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. r 9) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine the width of the water body shall be made from the waterward edge of any Coastal Wetland vegetation which borders the water body. - 10), 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. 4. g• I l , .11) . The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. ,12) The roof of the covered platform shall not be designed for second story use. 13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. General 14) The permittee and/ot his or her contractor shall meet with a representative of the Division prior to project initiation. SEE Property Investors, LLC ADDITIONAL CONDITIONS Permit No. 25-16 Page 3 of 3 15) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 16) 1�o excavation or filling of any open water area or vegetated wetlands is authorized by this permit.' NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit 197800056 (Action ID No. SAW-2016-00151), which was issued on 1/26/16. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $250 was received by DCM for this project. M EM APPLICATION for Major Development Permit past rwls" 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicand Landowner Information Business Name Project Name (if applicable) 5C1, INVG-STo(n n-Lo rIr4uT1�,lt ts�E P�C-2 Applicant 1: First Name 7 MI Z Last Name _ I "(, &Iv Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State coo base a y 2D STE t 3Ewr1 ��� M C� ZIP 1 Country Country US*F Phone No. FAX No. qlo -ysz- V35-- Street Address (fdiferent from above) City State LP SkME - Email TD1,tXiAt`i L.C&AttQ KoMES . C_0-1KA 2. Agent/Contractor Information RECEIVE Business Name I -O ATQ Agent/ Contractor 1: First Name MI Last Name Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box Cinc State ZIP Phone No. 1 Phone No. 2 2 (51A S o 911D -'SO- 13 y8 ext. t�i -p- - ext. FAX No. Contractor # NJ* t45,1 l Street Address (f different from above) City State ZIP SLASo 'NC1L- 19-1409 Email 'MNn CSt i51,t M 211S�. L6)^i1 <Fonn continues on back> RECEIVED DCM WILM!NGTON, NC 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagament.net Form DCM MPA (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Stale Rd. # ow NklkjwlcvR �Tc%w ►JkU'i ICN' ks�_s CT Subdivision Name City State Zip 146t.M5 PalN Wtl mloCmtt Jos cl 244oa Phone No. Lot No.(s) (d many, attach additional page with list) q to -30 13 4a ext. LA , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project GtNP15 F� k %W\I1 c. is the water body identified in (b) above, natural or manmade? •!-GKatural []Manmade ❑Unknown d. Name the closest major water body to the proposed project site. e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed pfres ❑No work falls within. WkVMlN6-0� NCB .4A,1+cla. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft. ) r1s ZZ 21(o SF c. Size of individual lot(s) 22 2 ((A S F d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) �/ 14 ❑NHW or M41- e. Vegetation on tract &\Qocss_J CeaSf� ( IA/et l lod f. Manny -made features and uses now on tract ��++ Y21�0 'CE (�ES1f —iVL� (,Lr�,/�Cr r:rL✓t�v i"►" �� CEIVE �� g. Identify and describe the existing land uses adqacent to the proposed project site. DEC 3 O Z O 15 P R t v AI-E DCM- MHD C h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? 2 � 1 n�_N -n�— l� (Atta�l zoning compliance certificate. H applicable) �es [:]No t Oar+A j. Is the proposed activity part of an urban waterfront redevelopment proposal? oyes BKO k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o ❑NA National Register listed or eligible property? <Form continues on next page> iTY RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888.4RCOAST :: www.necoastaimanagement.net 1:1, Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (1) Are there wetlands on the site? ❑Yes &Ko (ti) Are there coastal wetlands on the site? SKes ONNo/o (Ili) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes Pilo' (Attach documentation, if available) n. Describe existing wastewater treatment facilities. WKST-Zl E v.Jh'CC--(2IS NAAPE-(� It -Jim CAPE eGiq t Pc!(LJL( U71LA 4 kuT1toR\-N'5 %)it(z PIPES o. Describe existing drinking water supply source. cFPuA- p. Describe existing storm water management or treatment systems. yr m Ly N %"�-"1AA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? E,.l,CCo�ommercial ❑Public/Govemment LyPnvate/Community b. Give a brief description of purpose, use, and dally operations of the project when complete. u E5u as" li'l v ma es (6-Pn fs L-1 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. 11 A(9G(L- PIMATSO Otil TJA 6C--2 MINA -AS FauN0AT,1'31 lXZ0 P US DabaN), (10&jl=jG� w I SPU 05) NlWV50 o-N S (-rE I til d. List all development activities you propose. GC2 -r k- Q G"- P ISV itt�6e1 /0 r e. Are the proposed activities maintenance of an existing project, new work, or both? fi- iL f. What is the approximate total disturbed land area resulting from the proposed project? •,ABq.Ft or ❑Apse At A g. Will the sed project encroach on any public easement, public ac oessway or other area ❑Yes a �l� that the public has established use of? C E I V E D h. Describe location and type of existing and proposed discharges to waters of the state. DEC 3 0 2015 N DCM- MHD CIT I. Will wastewater or stormwater be discharged into a wetland? ❑Yes jZo 2NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No WA j. Is there any mitigation proposed? ❑Yea ❑No LK If yes, attach a mitigation proposal. <Form continues on back> RECEIVED DCM WILMINGTON, NC 252-608.2808 :: 1.888-4RCOAST :: www.ncc oasts i management. net]Er 0 9 2015 rM Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — M are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare fhe required items below. a. A project narrative. It. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name W U. NLCI J SUgAtJ/JE.-,kGeoTr Phone No. q 10_-1 H 0-1900 Address 1 ite my -an 4 (3 w D W M (SECLT 14 tic ZSS3 S4" Name STA-� C OoQT! pu -\ C-1pc )�( Phone No. gltj- Address (3ZI MAIL- 5eW 1 LE C-£NTr5-(L Q FHLEI G %+ 11 N CL 2-1(agG Name Phone No. Address g. A list f previous state or federal permits issued for work on the project tract. Include pennit numbers, pernittee, and Issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify (hat the information provided in this application is truthful to the best of my knowledge. Date Iz-T� Print NameA-(%3 RECEIVED DEC 3 0 2015 Please indicate application attachments pertaining to your proposed project. DCM- M H D CITY ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development W15CM MP-4 Structures Information RECEIVED �_ hNILMINGTON, NC 282.808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net C 0 9 2013 (a L 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. a. (i) Is the docking facility/marina: ��/� ❑Commercial ❑Public/Government 12 b. (i) Will the facility be open to the general public? rivate/Community ❑Yes KW6 c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes U+'''o (ii) Number I (iii)Length 138 (OCIoNO EY•t5T)411 PRZM1T> If yes. (ii)Number JvAr (iv) Width %e (iii) Length (v) Floating []Yes IY/nlo (iv) Width _ (v) Floating ❑Yes ❑No e. (i) Are Platforms included? Ries ❑No f. (i) Are Boatlifts included? h es ❑No If yes: If yes: (ii) Number (iii) Length yt (ii) Number 2 rr Length 0 (iii) (iv) Width 2Z� (iv) Width ^�/! (v) Floating ❑Yes o Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 7. ( 13r A-r U r—"S) ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service O ❑ Dockage, fuel, and marine supplies R15ockage ("wet slips") only, number of slips: 7i (13or r— ❑ Dry storage; number of boats: upTs ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑O en water; dredging for basin and/or channel LyOpen water; no dredging required ❑Other; please describe: r k. Typical boat length: 2� m. (i) Will the facility have tie pilings? ❑0 Yes 24o III) If yes number of tie pilings? D j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). (�-ry (ZQ" Af3ovT RECEIVED DEC 3 0 2015 DCM- MHD CITY I. (1) Will the facility open to the general public? []Yes &NO i RECEIVED iXV NIILMINGTON, NC 0 9 2015 252-808-2808 :: 1-8884RCOAST :: www.nccoastaimanaaement.net revised: 12127106 Form ®CM MP-4 (structures, Page 2 of 4) 2. DOCKING PACILITY/MARINA OPERATIONS Obis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑Office Toilets - ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. N >� C. Describethedisposal of solid waste, fish offal and trash. & d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial Type pollutants, such as paint, sandblasting waste and petroleum products. NA g. Where will residue from vessel 7intenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. N^T 1. Give the location of fuel -handling fac(illi ies, and describe the safety measures planned to protect area water quality. Vr j. What will be the marina policy on overnight and live -aboard dockage? REQ 0VE[+ k. Describe design measures that promote boat basin flushing? it to DEC 3 0 2015 I. If this roectisane expansion istin marina,whatt es of services are ? DCM- MHD CITY project XP Pir'�� 9 YP y provided. m. k t arina/docking facility proposed within a primary or secondary nursery area? es ❑No RECEIVED DCM WILMINGTON, NC DEC 0 9 2015 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 12/27/06 Forth DCM MP-4 (Structures, Page 3 of 4) M n. Is th arina/,docking facilely proposed within or adjacent to any shellfish harvesting area? es ;No ZS e;Aed o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL �Wone p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes Uf o If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) his section not applicable a. (i) Is the boathouse structure(s). ❑Commercial ❑PubliclGovemment ❑Private/community. (it) Number (III) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) Vrhis section not applicable a. (i) Number (if) Length (III) Width BREAKWATER (e.g., wood, sheetpite, etc.) brs section not applicable I a. Length b- Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑PublictGovernment ❑Private/Community C. Distance to be placed beyond shoreline Able: This should be measured from marsh edge, Npresent. e. Arc of the swing _ 7. GENERAL his section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) DEC 3 0 2015 DCM WILMINGTON, INC nFr a s 2015 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanauement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) IS, a. Proximity of structure(s) to adjacent riparian property lines Note: Forbuoy or mooring piling, use arc of swing including length of vessel. c. Width of wafer body AK e. (i) Will navigaa al aids be required as a result of the project? []Yes UNo ❑NA (li) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. Mwe A-6Ae1-I"JIT � } 100 0, Alarm a� Sore d. Water depth at walenvard end of structure at NLW or NWL "-1,5 r 0 A.I&.W S. OTHER 0This section not applicable a. Give complete description: e7a. -r f��£-k1 CL�SIfyCN'R+�- C cE'�S I C-2 Utt z�6fi _ 1 A kTU -130-A--T I.�GTS Date 9 2i'_1v'1Tt tei i Sz . h'i L'1c' Project Name: Applicant Name Applicant Signatur RECEIVED DEC 3 0 2015 DCM- Mtn^ C,'—Y RECEIVED DCM WILMINGTON, NC DEC 0 9 2015 252-808-2808 :: 1.88.4RCOAST :: www.nccoastaimanaaement.net revised: 12/27/06 Coastal Management ENVIRONMENTAL OUALITV February 23, 2016 SEL Property Investors, LLC c/o D. Logan 60 Gregory Rd., Suite 1 Belville, N.C. 28451 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Dot�A glas V. Huggett� Major Permits Manager N.C. Division of Coastal Management Enclosure Nothing Compares State of North Carolina I Environmental Quality I Combat Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T Project Narrative TO: NC Division of Coastal Management 127 Cardinal Drive Wilmington, NC 28405 Reference: 5920 Nautical Isle Ct Wilmington, NC To whom it may concern: Logan Marine, LLC Post Office Box 1552 Wrightsville Beach, NC 28480 NC Contractors License # 74511 david@loganmarine.com 910-367-1348 12/8/2015 SEL Property Investors, LLC is applying for a CAMA Major permit at the referenced address to extend the currrently authorized pier & gazebo eastward and add 2 boat lifts. The specifics of the proposed work are in the enclosed application forms and drawings. It may be noted that there there is currently a shorter pier under construction at this site pursuant CAMA General Permit #66220. If you have any questions, please feel free to contact me at 910-367-1348 or email david0loganmarine.com. Regards, J. David Logan Logan Marine, LLC Authorized Agent david@ toga nmari ne.com 910-367-1348 RECEIVED DEC 3 0 2015 DCM- MHD CITY RECEIVED DEC 0 9 2015 RECEIVED DCM WILMINGTON, NO DEC 0 9 2015 Vicinity Map �-. a nd RiegelwA Le Delco Northwest - - - Green Swamp Preserve 74 } x- _ 74 y, . ;s r "ington -- Wrights Beac Winn@bow He! r 17 lea B(Pez87 e , ,A 211. St .lames I IN Fkcicen Bea& ;Oak rsland 2 CasweIt CDrclira, Beach '. K.: re hoa 75 IM RECEIVED DEC 3 0 2015 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY SEL Property Investors, LLC 60 Gregory Rd. STE 1 Belville, North Carolina 28451 Dear SEL Property Investors, LLC: th- PAT MCCRORY Governor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at property located at 5920 Nautical Isle Ct., adjacent to the AIWW, in Masonboro Sound, near Wilmington, in New Hanover County. It was received as complete on December % ears to be adequate for processing at this time. The projected deadline for making a decisio ebruary 2d, 2016. n additional 75-day review period is provided by law when such time is necessary to complet . W. "ffyou have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 9, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sea�Sincerel , J :ll & Robb L. Mairs Field Representatives cc: Heather Coats, DCM Doug Huggett, DCM Tyler Crumbley, USACE Chad Coburn, DWR Christine Bouffard, LPO New Hanover Co. Nothing Compares RECEIVED DEC 3 0 2015 DCM- MHD CITY State of North Carolina I Enviwomnental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 NOTI(O'$17i LAMA PERMIT APPLIED FOR PROJECT- Wilmington, New HanoverCounty. COMMENTS -w a ACCEPTED - THROUGH - -I 16 46 APPLICANT m m �p� w man r_ra 0 o m Agent: David Logan (910) 367-1348 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �1 NC niv- of Coastal Management 1-97_Cardinal or_ Extension Wilminytn„, Nc 29405 Span Fa rn I1, Field Representative 910-796-7423 1� Mi: N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date � i 2D 1 15 Name of Property Owner Applying for Permit: C-- Mailing Address: Zs-i S 1 I certify that I have authorized (agent) D l ) L Ac(V to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) ,iC-ir l (1 K 1 =�c &*-I (3 at (my property located at) Sri Zt7 c stiff LT -I-- 6 l�j j h)(- -7-" oc') This certification is valid thru (date) t 0 1 ZO 1 ( (P Property Owner Signature /a/1d//3 Date RECEIVED DEC 3 0 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC DEC 0 9 2015 DCM Coordinator: 14 Permit MAILING DISTRIBUTION SHEET Permitee:SZ a2T\� jkyw, -ml2S Agents: 1O GA-0 Mid t,.1:.Al.J—CG DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington _Ndffmgton US ACOE Offices: Washington: Raleigh Bland William Westeott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Liz Hare Cultural Resources: ne_ e i - ar Public Water Supply: dEnW Joey White (WARD) DCM/ Shane Staples Fisheries Specialist gg�'o%nai� NC DOT: en u DMF/ Shellfish Sanitation: on Jenki State Property: a to Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis - 401 Q a Cobum - 40 DEMLR Washington: Scott Vinson-Stormwater Wilmington: eorgette 730oft- Stormw Wildlife Resources: i`a burn LPO: Fax Distribution: Permitee #: Agent #: DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: SEL Property Investors, LLC do David Logan COUNTY: New Hanover PROJECT NAME: SEL Private Docking Facility LOCATION OF PROJECT: 5920 Nautical Isle Ct., adjacent to Masonboro Sound IAIW, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD:12-9-15 �/ FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Sean Farrell DISTRICT MANAGER REVIEW: ✓✓� ?_ B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 12-31-15 /gwrvpp ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: S uI MAIL OUT DATE:12-28-15 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: 97LMIIVGTON FEE REC'D: $250 '1 %141 ,/ END OF NOTICE DATE: 1-21-16 el DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 1-21-16 FED COMMENTS REC'D: DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative ✓ � '14s ✓ru Ay(,. Gawp Coastal Management - LUP Consistency -7 I V Division of Community Assistance j 44 1 V Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) Zo Ite State Property Office 0J1(0, d Division of Archives & History 2: 1 Division.of Environmental Health Division of Highways REGEVED Wildlife Resources Commission fvr)^. Local Permit Office 1JEU 3 0 2015 Division of Marine Fisheries / DCM 11It, -ems C, Corps of Engineers I�LQ Ilr ✓ usy to If Lb SW,2-i4W-6oJGl P W 5 121'gh5 ✓ Recommendations for State Permit —SEL Property Investors, LLC C/O David Logan The total square footage of platform and docks was calculated as follows: Shoreline length = 75' of shoreline x 8' sq. ft. = 600 sq. ft. allowable Proposed Partially Covered Fixed Platform = 20' in length by 20' in width = 400 sq. ft. Total = 400 sq. ft. Due to the limited amount of water, approximately -1.5' at NLW at the 1/4 width distance and only -2.0' at NLW at the 1/3 rule distance (measured by R. Mairs 11/10/2015), located on this side of the AIWW as shown in the attached drawings, there will be potential for bottom disturbance. The authorized project is located within a Primary Nursery Area (PNA). Therefore, in accordance with 071-1.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom and primary nursery area. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a) (2), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed so as to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. The construction would provide docking space for a total of two (2) vessels. 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 platform and boatlifts would be located entirely over open water. If the project is determined to be consistent with all other state and federal permitting requirements, it is recommended that any permit issued should include standard docking facility conditions. RECEIWPO DEC 3 0 M5 DCM- WE, MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Applicati , — SEL Property Investors, LLC - New Hanover County Date: February 17, 2016 Tlus'project oxon$isteut and not in conflict with the 2006 Wilmington -New Hanover County Joint Larid Use Plan:Lipdate. The applicant proposes to extend a private docking facility adjacent to the AIWW in Masonboro Sound. The project is located at 5920 Nautical Isle Court in New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint 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 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards, including those for dredging. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan. Cc: File Coastal Management ENVIRONMENTAL QUALITY December 28, 2015 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Uirecfor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cilncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: SEL Property Investors, LLC c% David Logan Project Location: 5920 Nautical Isle Ct., adjacent to Masonboro Sound /AIWW, in Wilmington, New Hanover County Proposed Project: to extend an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 31, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910)796-7424 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 rV\ ,vy- fib DATE I y l (O Received JAN 0 4 2016 Nothing Compares�- State of North Carolina I Environmental Quality I Coastal Management DC M 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 1.l PAT MCCRORY Govemor y;a Coastal Management ENVIRONMENTAL OLIALITY MEMORANDUM: TO: December 28, 2015 Dan Sams District Manager DEMLR - WiRO DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director DEC 2 A 2015 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatso)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: SEL Property Investors, LLC c% David Logan Project Location: 5920 Nautical Isle Ct., adjacent to Masonboro Sound /A/WW, in Wilmington, New Hanover County Proposed Project: to extend an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Heather Coats at the address above by January 31, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910)796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED , DATE or;� 8) 2v) 6 RECEIVED DCM WILMINGTON, NC Nothing Compares JAN 0 8 2016 Slate of North Carolina I Enwonmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-1215 PAT MCCRORY Governor a DONALD R. VAN DER VAART N Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director December 28, 2015 RECEDED/NCOENR/KF,, MEMORANDUM: DEC 2 8 2015 TO: Chad Coburn 401 Wetlands Water Oua!4 Regiona! Operations Section DWR - WiRO Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: SEL Property Investors, LLC c% David Logan Project Location: 5920 Nautical Isle Ct., adjacent to Masonboro Sound /AIWW, in Wilmington, New Hanover County Proposed Project: to extend an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 31, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910)796-7424 when appropriate, in-depth comments with supporting data is requested. C it f oa/�aAC, rC 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 DATE 0,;Z/V li fC;0& - Nothing Compares�- State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DCM WILMINGTOIN, NC FEB 2 4 2016 Coastal Management ENVIRONMENTAL QUALITY December 28. 2015 MEMORANDUM: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretory BRAXTON DAVIS Direnor TO: Georgette Scott Stormwater Section DEMLR - WiRO FROM: �', Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats@ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: SEL Property Investors, LLC c% David Logan Project Location: 5920 Nautical Isle Ct., adjacent to Masonboro Sound /AIWW, in Wilmington, New Hanover County Proposed Project: to extend an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 31, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910)796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Nothing Compares�- RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent., Wilmington, NC 28405 910-796-7215 JAN 2 0 2016 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: RECEIVED DEC 302015 DOA STATE PROPERTY OFFICE December 28, 2015 Tim Walton Dept of Administration State Property Office I� PAT MCCRORY Governor DONALD R. VAN DER VAART Seeremry BRAXTON DAVIS Dwcior FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(Dncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: SEL Property Investors, LLC c/o David Logan Project Location: 5920 Nautical Isle Ct., adjacent to Masonboro Sound /AIWW, in Wilmington, New Hanover County Proposed Project: to extend an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 31, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910)796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: K 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 GDATE 1AW. (0 Nothing Compares�- RECEIVED DCM WILMINGTON, NC State or North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 JAN 13 2016 ;- North Carolina Department of Administration Pat McCrory, Governor Bill Daughtridge, Jr., Secretary January 4, 2016 TO: Heather Coats Assistant Major Projects Coordinator FROM: Everette Moore 0 Real Property Agent RE: CAMA Private Dock Extension Application Review Applicant — David Logan c/o SEL Property Investors Single Family Residence State Property Office REPLY: Please confirm that the proposed construction is not located within the 1000' USACE AIWW easement area. RECEIVED DCM WILMINGTON, NC JAN 13 2016 Malling Address: Telephone (918) 807-4650 Locadon: 1321 Mail Service Center Fax (919) 733-1431 116 West Jones Street Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleigh, North Carolina An Equal Opportunity / Affirmative Action Employer Web: http://w .ncspo.org PAT MCCRORY (iPWIP/u ' DONALD R. VAN DER VAART 1e[retarY CoastalManayeme ` ENVIRONMENTAL OUAUT BRAXTON DAVIS fMMnr December 28, 2015 MEMORANDUM I;riI o005 TO Renee Gledhill -Early Dept of Cultural Resources Archives & History FROM: Heather Coats. Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext , Wilm., NC 28405 heather.coats a(7ncdenc.gov Fax 395-3964 (Courier 04-16-33) SUBJECT Applicant: Project Location: Proposed Project: CAMA Application Review SEL Property Investors, LLC c% David Logan 5920 Nautical Isle Ct., adjacent to Masonboro Sound /A1WW, in Wilmington, New Hanover County to extend an existing private docking facility 6),,12 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January , 2016. If you have any questions regarding the proposed project, contact Sean Farre at (910)796-7424 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. II;giit, This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE �>'Nothing Compares j. Q1. ic' (RECEIVED DCM WILMINGTON, NC JAN 222016 .%=0f N0A CYwI= {'R�] 11lwn) L.1115ID1 .��ylil{eli1C111 127Cmdwl lM.e F.z1., Wflmjr% uNC 2EM5 910.7964215 AN 5 Y N 1AA 28SItp�Q I Coats, Heather From: Jackson, Ed Sent: Wednesday, February 03, 2016 10:12 AM To: Coats, Heather Subject: RE: SEL Property Investors Heather, I did not have any comments on that one. ED From: Humphrey, Jeremy Sent: Wednesday, February 03, 2016 10:07 AM To: Jackson, Ed <ed.jackson@ncdenr.gov> Cc: Coats, Heather<heather.coats@ncdenr.gov> Subject: FW: SEL Property Investors Hi Heather. Ed had the SEL Property Investors permit application for review. Jeremy Humphrey Environmental Health Program Specialist Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Department of Environmental Quality 910.796.7367 office Jeremy. HumohreyCc)-ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 0 Nothing Compares. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coats, Heather Sent: Wednesday, February 03, 2016 9:12 AM To: Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov> Subject: SEL Property Investors Hi Jeremy, Did you receive the SEL Property Investors major permit application in NHC for review? I haven't seen any comments from you all for this project yet. They may just have been sent to MHC if they came from your people there, and if that's the case, I can track them down- but I thought I'd check with you first. Thanks in advance for any info you may have. I hope you're doing well! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats(o)ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 --," 'Nothing Compares...-...._. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: �i u 2015 RECEIVE" December 28, 2015 TO: Ben Hughes NC DOT New Hanover County 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. coatsaC -ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: SEL Property Investors, LLC c/o David Logan Project Location: 5920 Nautical Isle Ct., adjacent to Masonboro Sound /AIWW, in Wilmington, New Hanover County Proposed Project: to extend an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 31, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910)796-7424 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 G^ �"X� DATE 1 Z- 30 2 o l S RECEIVED Nothing Compares_ DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management IQiY ,A 2(+1- 127 Cardinal Drive Eat., Wilmington, NC 28405 tv l� 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY covcrnor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Uireclor c.15.12.3p. p j December 28, 2015 CRECENED MEMORANDUM: TO: Maria Dunn Hobilat NCWRC For WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: SEL Property Investors, LLC c% David Logan Project Location: 5920 Nautical Isle Ct., adjacent to Masonboro Sound /A/WW, in Wilmington, New Hanover County Proposed Project: to extend an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 31, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910)796-7424 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 NcperIFRS/ are incorporated. See attached. N/ DM F S This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED Nothing Compares!7,, DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management JAN 22 2016 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 0 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director Q3XUT0T11T4VkV1-1UJUq TO: Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation DATE: January 14, 2016 SUBJECT: CAMA Dredge/Fill Permit Application for SEL Property Investors, LLC, c/o David Logan, New Hanover County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 5920 Nautical Isle Court adjacent Masonboro Sound / AIW W in Wilmington, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to extend an existing structure 138' for a total of 543' in length and move a previously permitted 20' by 20' fixed platform to the waterward end of the structure. Boatlifts will be placed on either side of the platform in water depths of -1.5' at NLW. The existing structure was permitted under a CAMA General Permit on 11/19/2015 and did not have any associated slips. Masonboro Sound /AIW W at this location is classified SA ORW by the Environmental Management Commission, is designated a primary nursery area (PNA) by the NC Division of Marine Fisheries (NCDMF), and is open to shellfish harvesting. It appears from review of the permit application that the extension of the pier is to install two slips adjacent the platform. Water depths at this location are minimal for slips, especially within a PNA. Our agency supports the concerns from the NC Division of Coastal Management's Fisheries Resource Specialist to project NCDMF's PNA from hull scraping, prop washing, and other disturbances from having too little water depths for vessel mooring. If it is determined water depths are not sufficient for slips, we do not see the need to extend the pier and further shade shallow water habitat. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn@ncwildlife.org MaiGn Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 2769EIVED 1NGT g gh, a�W��VILMINGTON, NC Telephone: (919)707-0220 • Fax: (919) 707-0028 JAN 2 2 2016 RECEIVFn JAN n Coastal Management ENVIRONMENTAL QUALITY December 28, 2015 MEMORANDUM. TO Christine Bouffard LPO New Hanover County PAT MCCRORY DONALD R. VAN DER VAART Vrn[lwy BRAXTON DAVIS 1Hre,w FROM, Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coats aOncdenr.gov Fax. 395-3964 (Courier 04-16-33) SUBJECT CAMA Application Review Applicant: SEL Property Investors, LLC c/o David Logan Project Location: 5920 Nautical Isle Ct., adjacent to Masonboro Sound/ AIWW. in Wilmington, New Hanover County Proposed Project: to extend an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 31, 2016. If you have any questions regarding the proposed project. contact Sean Farrell at (910)796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: I 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 DATE .2c)/4 RECEIVED �/NothingComparesr,, DCM WILMINGTON, NC Stale nrNafi Cardilu Fnvmgmrnlal (]rWiry'.. CaaW ManagemaR JAN 0 7 2016 121 C.rdeal Dyne F, , Wdmmg., NC 29403 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY December 28, 2015 MEMORANDUM: TO Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City T1T_- PAT MCCRORY Gournmr DONALD R. VAN DER VAART Secaldry BRAXTON DAVIS D'Wh" FROM Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsonncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA Application Review Applicant: SEL Property Investors, LLC c/o David Logan Project Location: 5920 Nautical Isle Ct., adjacent to Masonboro Sound /AIWW, in Wilmington, New Hanover County Proposed Project: to extend an existing private docking facility 2 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January,3� , 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910)796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. i' This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached - comments. RECEIVED DCM WILMINGTON, NC SIGNED _ _ DATE I�zG>/t{�, JAN 2 0 2016 RECEIVED Nothing Compares'_ DEC 3 0 2015 State Or Nonh Cm oboa I Gwiromncmal Quality, Coastal Mana6tmc,n DCM— MHD CITY 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: SEL Property Investors DATE: 1/20/2016 PAT MCCRORY Gm e,nar DONALD R. VAN DER VAART .Secre,nry BRAXTON DAVIS Director A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to add an additional 138ft of pier and a 20ft x 20ft platform to an existing 405ft pier obtained under a general permit, and install two boat lifts. The surrounding waters are classified as primary nursery area (PNA), able to support shellfish and outstanding resource waters (SA-ORW), and are open to shellfish harvest. Water depths on site are approximately 1.5ft at normal low water (NLW). PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Formalized slips in shallow water can allow vessels to repeatedly contact the bottom, resulting in; aquatic vegetation or shellfish bed loss, anoxia in the sediment which can kill benthic invertebrates and reduction of shallow bottom habitat during low tide. In addition, vessels moving to and from these shallow water docks can cause propeller disturbance impacts to the PNA. It is recommended that 18" stops be required for the lifetime of each lift to reduce direct vessel impacts. It should be noted that new dredging is prohibited due to the PNA designation. Finally, the proposed slips are within an open shellfish harvest area. If the NC DMF Shellfish Sanitation Section determines that the addition of these slips increases the shellfish closure, then I object to any number of slips that would result in the closure of shellfish harvest grounds. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or greaa.bodnart@ncdenr.cov with further questions or concerns. Nothing Compares State of North Carolina I Environmental Quality I Coastal Mamagnrlent 400 Commerce Ave I Morehead City, North Carolina 28557 252-808-2808 Coastal Management ENVIRONMENTAL OLIALITV MEMORANDUM: TO: December 28, 2015 Heidi Cox Environmental Engineer Public Water Supply PAT MCCRORY Governor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Uirecror Crws;on WIRO.pOb9cW e,0rft FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: SEL Property Investors, LLC c/o David Logan Project Location: 5920 Nautical Isle Ct., adjacent to Masonboro Sound /AIWW, in Wilmington, New Hanover County Proposed Project: to extend an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 31, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910)796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: _� This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE ��M WI(M NGFD Nothing Compares_ 2 1 O NC FC 9 ZOIs State of North Carolina I Environmental Quality I Contal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910496-7215 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE ' WILMINGTON, NORTH CAROLINA 28403-1343 R LY TO ArMMON OF: January 26, 2016 Regulatory Division Action ID No. SAW-2016-00151, General Permit No. 197800056 Logan Marine, LLC Attn: Mr. J. David Logan, Agent Post Office Box 1552 Wrightsville Beach, North Carolina 28480 Dear Mr. Logan: Through coordination with the North Carolina Division of Coastal Management, and on behalf of Mr. D. I. Logan, we have-leamed of your request to extend an existing docking facility at 5920 Nautical Isle Court, adjacent to Masonboro Sound/AIWW, in Wilmington, New Hanover County, North Carolina. Coordinates are: 34.22568-N,-77.9446-W. On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general and special conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. RECEIVED JAN 2 9 2016 DCM- MHD CITY IM Thank you for your time and cooperation. If you have questions, please contact Tyler Crumbley, of the Wilmington Regulatory Field Office, telephone: (910) 251-4170. S!m:!c!erely a 0 6"4---U Tyler C=ley, Project Manager Wilmington Regulatory Field Office Enclosure: GP 56 conditions Copy Furnished (with enclosure): SEL Property Investors, LLC Attn: Mr. D. I. Logan 60 Gregory Road, Suite 1 Belville, North Carolina 28451 Copies Furnished (without enclosure): Ms. Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wihnington, North Carolina 28405 Mr. Doug Huggett North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wihnington, North Carolina 28405 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: SEL Property Investors, LLC C/O David Logan 2. LOCATION OF PROJECT SITE: 5920 Nautical Isle Ct Wilmington, Myrtle Grove, NC Photo Index —2006: 22-7418:V, 6 2000: 21-264: Q, 16 1995: 22-249: T, 19 State Plane Coordinates - X: 2343640 Y: 143765 Latitude: 34'08'16.60"N Longitude: 77051'58.65"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 11/10/2015 Was Applicant Present — Yes (agent) 5. PROCESSING PROCEDURE: Application Received — 12/09/15 (completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover Co. Land Classification From LUP - Resource Protection (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal sewer Planned - None (F) Type of Structures: Existing — Single Family Residence currently under construction. Existing access pier under CAMA General Permit 66220-D Planned — Increased pier length, partially covered fixed platform, two (2) boatlifts (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Shaded) (B) Non -Vegetated Wetlands (Open water) 1566 sq. ft. (Incorporated) (C) Other (D) Total Area Disturbed: 1566 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes (G) Estimated Annual Rate of Erosion: N/A Source - N/A 8. PROJECT SUMMARY: The applicant proposes to extend a private docking facility adjacent to the AIWW, in Masonboro Sound. RECEIVED DEC 3 0 2015 DCM- MHD CITY SEL Property Investors, LLC C/O David Logan Page 2 9. PROJECT DESCRIPTION: The project site is located at 5920 Nautical Isle Court, within the newly constructed Helmsport Subdivision in New Hanover County.The property is adjacent to the Atlantic Intracoastal Waterway (AIWW)/Masonboro Sound and is the location of the Aqua Vista Farms previously owned and operated by the Emmert family. The project site is bordered to the north by residential properties and UNCW's Center for Marine Science, and to the south by Masonboro Harbour Subdivision. To locate the property traveling south on College Road, take a left onto Mohican Trail and travel east approximately 1.3 miles. Turn right onto Masonboro Loop Road and travel south for approximately 0.8 miles until you reach the entrance of the old Aqua Vista Christmas Tree Farm that will be located on the left. Continue to travel east on Aqua Vista Drive for approximately 0.5 miles until it terminates at the property of interest. The high ground property is approximately 0.5 acres and the elevation of the property averages approximately 14' above NWL (normal water level). Existing highground development is currently underway with the construction of a single family home. High ground vegetation consists of rye grass holding backthe cleared area currently under construction. Vegetation bordering the highground of the property consists primarily of high marsh and low marsh species, which supports §404 and coastal wetlands vegetation including: Wax Myrtle (Myrica cerifera L.), Marsh -elder (Iva frutescens), Grounsel-bush (Bacchans halimifolia), Sea Oxeye (Borrichia 5utescens), Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina altemiflora). The high marsh then transitions into an area of low marsh, approximately 290' wide, which consists primarily of Smooth Cordgrass (Spartina altemiflora). This vegetation also stabilizes the approximately 75' of shoreline. There is an existing private docking facility that currently extends into Masonboro Sound from this property. The property owner received a CAMA General Permit No. 66220-D on 11/19/2015 which authorized construction of a 400' access pier and a partially covered fixed platform measuring approximately 20' wide by 20' long that is no longer to be constructed in the originally permitted location. The current configuration consists of a fixed pier, measuring approximately 405' in length by 6' in width, of which approximately 85' extends over open water. No formal slips were authorized under this permit. The City of Wilmington and New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. In the project area, the waters of Masonboro Sound are classified as SA-ORW by the NC Division of Water Resources, and they are OPEN to the harvest of shellfish. These waters ARE designated as a Primary Nursery Area (PNA), by the Division of Marine Fisheries. PROPOSED PROJECT: The applicant proposes to extend a private docking facility adjacent to the AIWW, in Masonboro sound. The applicant proposes to extend the previously authorized 6' wide by 405' long pieran additional 138' fora total of 543' in length. This is beyond the limits of their currently issued CAMA General Permit. Also proposed is relocating the previously authorized fixed platform measuring approximately 20' in length by 20' in width to the waterward end of the proposed access pier extension. This platform would be partially covered with roof cover dimensions of 12' in width by 22' in length. Two (2) boatlifts each measuring 12' in width by 12' in length would be installed on the northern and southern side of the partially covered platform. The proposed structures would provide docking space for up to two (2) vessels in water depths of approximately -1.5' at NLW. RECEIVED DEC 3 0 2015 DCM- MHD CITY a- SEL Property Investors, LLC C/O David Logan Page 3 10. ANTICIPATED IMPACTS: The proposed structures would incorporate a total of approximately 1566 sq. ft. of Public Trust Area and Estuarine Waters. The proposed structures would extend approximately 246' into a waterbody, which measures approximately 985' in width across this part of the AIWW, which would not exceed the %width distance rule nor encroach into the 80' federal channel setback from the AIWW. The Proposed structure would not encroach into the adjacent 15' riparian corridor setback requirement. The construction would provide docking space for a total of two (2) vessels in water depths of approximately -1.5' at NLW. Minor increases in turbidity should be expected during the construction process (See on -site photograph). RECEIVED DEC 3 0 2015 DCM- MHD CITY Submitted by. Sean C. Farrell Date: 12/28 /2015 Office: Wilmington [e Vicinity Map 4 j Castle Hayne Roa and / Riegelwood Delco Northwest 17 w,,,/ i L rightsboro C1 Je and ,f 7a WilL ington n 7 5 Wgt 421 13 Winnabow' Green Swamp Preserve 17 87 I 133 i i2iD 130 St James r f Islani— a RECEIVED DEC 3 0 2015 DCM- MHD CITY Pan Shn,a74 iRECtjvED nr.nn w1t_MING70N, NG .94 U.S. Postal Service" CERTIFIED MAILP RECEIPT mDomestic Mail Only a CO m LMOTON NC 28358 .� Cartifietl Mail Fee c $ f3,41 T Fxtm Services B Fees (Wreck sox, atla'M1eas ntm ti ❑ Return geceipt alaNLoPYI S 010 f-S O ❑Return R:::mp 10leplmmp) S /" (� ^ ❑ camrse Mal Ras(ricle� nelNery S P Bre -� li V C3 ❑Mull Signature Reeuiree $ 0AdV1 Slonalure Restrktelt ne0very $ G Postage l- ti $ fl.ls 12M/m 4 Total Postage and Fees $ $7.40 .nr TO a 2�a >,t4W o r���:W: A�i tom---h.C1�l3afiC.----------•- 3 arLOzr l�4\11Lz€..- 1 [........................... v �N r tic_ 24s3S"� Postal CERTIFIED MAIL" RECEIPT m ru Domestic m RAMIGH NC 27699 _0 Certified Mali Fee f3.4S 00 $ !1 00 V1V11 Ift fVICaS is FEeS (CM1¢Lk Ws�Bud /BeaS applgwabf f1J (] u Pxreior oarECOPYi $ ,q}tutlPt lele;tronid $ 22 Postmark Q�Leitme Mall ReawtaO DalNery $ Here C3 Mult SigneWaaRaQi $ Mult signature Resessee p ileaw S Postage $ $1.15 G ru 12/09/2015 ATotal Portage end Fan $7.40 y $n Sent To !?Fro A -C�-- Apt No..ar Hox °S. a N f` r- C3 r s�`a� o-eete t�� 1 Ann�4 - 4r/Lv'7C£ C I�1�Ef ----- RECEIVED DEC 3 0 r ^^5 DCM- MHD 1, —i"Nothing Compares?.. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 • Complete items 1, 2, and 3. • Print Your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the rnailpiece, _ or on the front if space permits. 1T1/y'y -AuUre99ed tor:��._y-- — �t ,r"_---�- 1�'Li 1.Ahtt. SC^c�vtcE:.Cc-ntt "LC iC'1 F}1 KI IlniHli Iili Im�l Iliilil ililiill�llll fill i ii� 9590 9409 0110 4m7 n-., 701s T.Czn n ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the care] to you. • Attach this card to the back of the mallpiace Or on the front if space permits. 7, Artlele Addressed io:.. w t t LAi(Ln' St! AN�,I A(2A%, Y- 13t4AI:, IcAvatot>,e BwQ l'Uo f3vzz. Tel t Nj C. IIIIINIINII IIIIIIUIIII�IIIIIluN1lNNlll 9590 9403 0119 5077 A79C ,I �t 7015 1520 0002 9663-8135 PCB ■ Complete Items 1, 2, and 3 Also complete item 4 if Restricted Delivery is desired, ■ Print your name and address on the reverse SO that we can return the card to you. • Attach this card to the back of the malipiece or on the front if space permits. 1. Article Add ressedto: �.11-AL OP 1 N C,bOT' P I W" Moc- t SCY� Mkt 1, SCY1 �lltx:, CZ I EAU Ei Kjc, ZI(609 ❑ Agent ❑ Addressee C. Dale of DNlver, Domestic Return Receipt r R ® Resbk,ad oI ,_ncrrty M,, Ex ftei Req, i� M � .W �iV°`� De e Reshkte0 ❑ RHurn wr<yRare�(gd(tyb, RecNpt lar Mfg QS"!.eGwf+ Wnl �ltrM1YC.�ONfYpy a+&+ehan Cone rnatbn Restreorp}�VKy- , A. Signature u .5 Rec—ad by ( Printed Name/ If YK errter delivery e DEC 1 1 2015 ��'!�I'II'll'IIIIIIIIIIIIII II'IIIIIIIIIII(III I ❑Iro` 'O CR OAi 4. Restricted De:iveryy (�vr� Fes) 2. Artic6e Nu aaar !T from service late E K 19 2 2 5 7 0 0 8 U S PS Fonn 3811, February 2004 rr, ae....., o..__- ❑ Agent RECEIVED DEC 3 0 2015 Cate of Delivery DCM- MHD CITY" 0 Yes ❑ NI F4ECEIVED DCM WILMINGTON, NC DEC 172015 M8Mtyndise ❑ Yes Ire W STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ir1111rr11111 2e340M" SFOR Te6�76nPanoq REGISTER OF DEED' REH 4 ER 90, Mrr�NC SK. 07-fit FEE:aao XM { N14rog GENERAL UTILITY EASEMENT R07600-003-014-M THIS DEED OF EASEMENT, executed this the Zeday of 2014, by and between Aqua Vista Farms, LLC, a North Carolina limited liability company and Maurice S. Emmart, Jr., Trustee of the Lucile W. Emmart Revocable Living Trust dated February 23, 1994 (hereinafter corporately referred to as "GRANTOR') and SEL Property Investors, LLC, a North Carolina limited liability company, whose address is 60 Gregory Road, Suite 1, Belu�ke'EIVED North Carolina 29451 (hereinafter referred to as "GRANTEE"); 1t{ t WITNESSETH: DEC 3 0 2015 WHEREAS, Grantor did execute and deliver to Grantee a General Utility Eau- MHD C September 12, 2013, which was recorded in the office of the Register of Deeds in New Hanover County on that date in Book 5769 at Page 13, conveying an easement upon a twenty five (25) foot, more or less, corridor within the property of Grantor; and, WHEREAS, it has become apparent that the Grantee will require an additional five (5) feet of easement area to comply with the regulations and requirements of Cape Fear Public Utility Authority; and, WHEREAS, Grantor is agreeable to conveying the additional five feet along the previously conveyed easement corridor for the purposes stated in the original General Utility Easement referenced above and is recording this document with the same recitals, purposes and covenants as the original easement, but with a new description to widen the original easement area to thirty (30) feet, NOW THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the GRANTEE to the GRANTOR, receipt of which is hereby acknowledged, the GRANTOR has bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the GRANTEE, its successors and assigns, the right, privilege and perpetual right-of-way and easement over through, under and upon the lands and premises hereinafter described for the purpose of constructing, installing, inspecting, 1 Retumed To Blwk,CrourhX9$Wv86h l & Saved RECEIVED DCM WILMINGTON, OFr 0 9 201E d maintaining, repairing, removing, extending, improving, replacing, building and/or operating utilities, including sanitary sewer lines and related appurtenances (hereinafter referred to as "facilities"), said premises being a certain parcel or tract of land located in New Hanover County, North Carolina, and more particularly described as follows: See the Exhibit "A", attached hereto and incorporated herein by reference TO HAVE AND TO HOLD said right-of-way and easement exclusively to GRANTEE, its successors and assigns, forever. This right-of-way and easement hereby granted is exclusive and is appurtenant to and runs with the land now owned by the GRANTOR. The facilities now in existence or to be placed over, under, upon and across said right-of- way and easement shall become and remain the property of the GRANTEE. The GRANTEE shall have the right to construct, install, inspect, maintain, repair, remove, extend, improve, replace, build and/or operate these or new facilities and to make such changes and additions to such facilities upon the easement and right-of-way as the GRANTEE may deem advisable. The GRANTEE shall at all times have the right to keep the area of the perpetual easement and right-of-way clear of all buildings or structures, trees, shrubs, bushes, stumps, roots, undergrowth, or other vegetation as will in its judgment interfere with the purposes of this Easement. The GRANTOR expressly promises and agrees not to construct or allow to be constructed any building, structure or other improvement, and further promises not to plant or allow to be planted any trees, shrubs, bushes, undergrowth or other vegetation or to otherwise permit encroachment or interference with the GRANTEE's rights hereunder except as provided herein. Any site improvements consisting of paving, fencing, irrigation systems or electrical lighting systems that are removed or damaged as a result of any maintenance, repair or replacement, shall be replaced or repaired by the GRANTEE at the GRANTEE's expense. For the purpose of constructing, inspecting, improving, replacing, removing, maintaining, extending, repairing or otherwise using the above -described facilities, the GRANTEE shall have the right of ingress to and egress from the easement and right-of-way over such private roads, alleys, ways or paths (hereinafter collectively referred to as "private roads") as may now or hereafter exist on the property of the GRANTOR Any damages resulting to such private roads from the use by the GRANTEE shall be repaired by the GRANTEE at its expense. The right, however, is reserved to the GRANTOR or its, successors and assigns to shift, relocate, close or abandon such private roads at any time If there are no public or private roads reasonably convenient to the easement and right-of-way, the GRANTEE shall have such right of ingress and egress over the GRANTOR'S property adjacent to the easement and right-of-way in such manner as shall occasion the least practicable damages and inconvenience to the GRANTOR and shall not impede the ongoing business activities conducted on the premises by GRANTOR, its successors and assigns. The GRANTEE shall not be liable for any consequential damages directly resulting from its exercise of the right of ingress and egress over adjoining property. RECEIVED DEC 3 0 Z015 RECEIVED DCM WILMINGTON, NC DCM- MHD CITY OFr 0 9 2015 By acceptance of this Deed of Easement, the GRANTEE agrees that it will restore the surface of the land to its approximate level prior to construction by fill or grading in the course of construction or maintenance of the aforesaid facilities so long as the same are not inconsistent with and do not interfere with the rights herein granted to the GRANTEE. It is specifically agreed that any trees or plant material removed for construction or maintenance work will not be replaced. However, the construction or maintenance area shall be seeded or resodded by the GRANTEE, if sod is present at the time that the GRANTEE enters the property for purposes of constnioting its facilities. The location of any plant materials installed by the GRANTOR shall be such that the growth thereof shall not, over time, adversely affect the GRANTEE's facilities within the boundaries of the easement herein conveyed. It is understood and agreed that the execution and delivery of this deed of easement by the GRANTOR and its acceptance by the GRANTEE shall not obligate the GRANTEE to construct or maintain any main, line, pipe, lateral or other extension or permit any connection to its water, sanitary sewer, stone sewer, drainage or other utilities system. Said GRANTOR covenants and warrants that it is lawfully seized and possessed of the property described above; and that it has good right and lawful authority to convey said easement for the purposes herein expressed; and that GRANTOR for its heirs, successors, executors, administrators, and assigns covenants that it will warrant and defend said easement against any and all claims and demands whatsoever, except for encumbrances of record. Use of the masculine gender herein includes the feminine and neuter, and the singular number used herein shall equally include the plural. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. GRANTOR: RECEIVED DEC 3 0 2015 Aqua Vista Farms, LLC DCm-�MHD CITY By"I/1jam,, WUALi2. JYhM,bA , Manager Maurice S. Emmert, Jr., Trustee of the Lucile W. Emmert Revocable Living Trust dated February 23,1994 By%WAA i A . &\, aEAQ Maurice S. Emmert, Jr. Trustee RECEIVED DCDA WI! MINGTON, Ni, DEC 0 9 2015 Y a State of No Caro ' a County of = 1. 11 �� a Notary Public of JA&L-County, North Carolina do certify that o this d'a�/y of 291, 29ttbefore me personally appeared _�j146 0- h • 4 yy _ , Manager of Aqua Vista Farms, LLC, a North Carolina limited liability company personally known to me, proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person(s) whose name(s) is/are signed on the preceding or attached record, and acknowledged to me that he/she/they signed R vol tardy for its stated purpose. / x Notar ublic (Seal) My Commission expires:. State ofNoi Carolina ELIZABETH P. EVANS NOTARY PUBLIC New Har 0 r County, North Carolina c of Ow. County, North 20" before me personally appeared trustee of the Lucile W. Emmart personally known to me; proved to me by satisfactory evidence; RECEIVED proved to me on the oath or affirmation of who is personally known to me, DEC 3 0 2015 to be the person(s) whose name(s) is/are signed on the preceding or attached record, M _ M H D CITY acknowledged to me that he/she/they signed it luntarily for its stated purpose. No Public (Seal) My Commission expires:. ELIZABETH P. EVANS NOTARY PUBLIC New Hanover County, North CarolIra RECEIVED DCM `n/I! MINGTON, NC AFC 0 9 2015 E N Ci 1 N E E R 1 N [3. 1 N C March 20, 2014 Helms Port Proposed Utility Easement Deed Book 5746 Page 2812 100 Aqua Vista Drive Wilmington, NC All that tract or parcel being a Utility Easement across part of lands conveyed to Aqua Vista Fauns, LLC in Deed Book 5746 at Page 2812 and located on the east side of Masonboro Loop Road — SR 1492, Masonboro Township, New Hanover County, Notch Carolina; said Utility Easement being more particularly described as follows: Beginning at an iron rod located on the southerly line of a parcel of land consisting of 75.17 acres conveyed by Aqua Vista Farts, LLC; said iron rod located the following throe (3) courses and distances from an iron rod located at the intersection of the easterly street boundary of Masonbom Loop Road — SR 1492 (60' Public ROW) and the northerly street boundary of Masonboro Harbour Drive (60' Private ROW): 1. South 65°31'41" East along the southerly line of lands now or formerly of Aqua Vista Farms, LLC a distance of 1729.44 feet to an iron pipe; 2. Thence North 24028' 19" East a distance of 353.26 feet to an iron rod; 3. Thence South 65038'09"FAm a distance of 625.28 fat to" Point of Beginning; Thence South 65°38'09" East from said Point of Beginning a distance of 15.63 feet; Thence South 41 °50' 14" East a distance of 19.72 feet, Thence South 07°46' 1 T' West a distance of 330.48 fat; Thence South 6513 P41" East a distance of 132.02 feet; Thence South 18024'33" West a distance of 27 78 feet; Thence South 21 °52'32" West a distance of 149 61 feet; Thence South 67°50' I5" West a distance of 27 76 fat; Thence North 2r09'45" West a distance of 30.00 fat; Thence North 6r50' 15" West a distance of 15.06 feet, Thence North 21°52'32" East a distance of 139.89 feet; Thence North 65*31'41" West a distance of 127.37 feet; RECEIVE® DEC 3 0 2015 ®CM- MHa CITY Thence North 07*46' 17" East a distance of 370 04 feet to the Point of Beginning; containing 19,705 square feet or 0.452 acres, more or less. a911 OLEANDER DRIVE, SUITE 201 2533 RAEFORD ROAD. UNIT -A Nnt.M IKITON, NC 29403 FAYETTEVILLE. NC 2M Pit (010) 791-6707 PH (910)2e3•a092 RECEIVED FAX (910)791 -5760 FAX (910)223-1303 -1 W11 MINGTON, NC DEC 0 9 2015 1 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 NNf NNNNNIiiiilNlttNtNNiliNflftiliNi1111iNttf iNN1iN11itiiliMi NfNfNIiNINiNiiN iNNfflNllfiNfill Filed For Registration: 04/01/2014 03:00:37 PM Book: RE 5505 Page: 2507-2512 Document No.: 2014007749 5 PGS $26.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County of Now Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2014007749* 2014007749 RECEIVED DEC 3 0 2015 DCM- MHD CITY RECEIVED DCM EMI! MINGTON, NC DEC 0 9 2015 j .. ... �q ' .. f�,. � ... 1 Coastal Management ENVIRONMENTAL QUALITY December 28, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 H-4 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Re: Major Public Notice for SEL Property Investors / New Hanover County Kyle & Heather: Please publish the attached Notice in the Thursday, December 31, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Luke Skiera, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - W iRO Doug Huggett -MHC Tyler Crumbley — USACE Christine Bouffard, LPO Michele Walker- DCM SincSino rely, , Shaun K. Simpson , Permitting Support & Custom Assistance -'>^Nothing Compares.` RECEIVED DEC 3 0 2015 DCM_ MHD C;Ty State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-7%-7215 I NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On December 9, 2015, SEL Property Investors, LLC proposed to extend a private docking facility at 5920 Nautical Isle Ct, adjacent to Masonboro Sound/AIWW, in Wilmington, New Hanover County. A copy of the application can be examined or copied at the office of Sean Farrell, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7424) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 21, 2016 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED DEC 3 0 2015 DCM- MHD CITY Nothing Compares?. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 MAJOR PERMIT FEE SCHEDULE SEL -Helms Port / New Hanover/ $250 #1241 DCM % DWQ Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED DEC 3 0 2015 DCM- MHD 01:TY DENR CA MA Dal Cheek Lo for WIRO Date Received to Deposite d Check From (Name) Name of Permit Holder Vendor Check Number Check amount Permit NumbenComm arts Receipt or Refund7Reallocated 11/12/2015 11/13/15 Allied Marne Contractors LLC Richardson Construction Carolina Manna Construction Inc Clements Marine Construction Ine City of Wilmington _ Eduardo San Miguel Charles or Linda Honda Carolina Coast Contractin_p, C Coastal Land Design Allied Manne Contractors LLC Chades RigOa 8 Assoc. Charles Riggs & Assoc. _- _ _ _ _ St Moritz HOA Inc _ Chades Riggs & Assoc. Sunset Dock Assoc County of Brunswick Benjamin Spence Albright _ _ _ Money Order from Brandon Grimes Southeastern Coastal Construction Co Lee Thornton Scott Tucker _ _ Brian Harnesses _ _ Federal Point Yacht Club key Site same _ same _ _ _ same _ _ _ 470 Anderson, LLC _ _ _ _ _ James Taggart Hays Lambert Michael &Becky Steed _ B of A _ 7909 $200.00 6162 $200,00 _ 9922 $400.00 3957 $250.001 324120 $100 00'renewal 1007 _ _ $600,00 4012 $600.00 GP 66192D _ _ _ _ GP 66187D major fee, 910 Basin Road, CB NHCo major fee, 462 Causeway Dr, WB NHCo fee, MP 81-12 GP 66197E __ _ GP 66116O TM rat. 0441E _ TM rct. 0440D _ RM rct. 0381 D _ RM rct. 0379D Am-rct 0380D JD rat 1054D 11/122015 11/13/15 88 &T _ 11/122015 11/13/15 First Bank 11/12/2015 11/13/15 First Citizens Bank 11/1212015 11/13/15 B of A 11/122015 11/13/15 PNC Bank 11/12/2015 11/13/16 Navy Federal Credit Union JD rot 1053D 11/132015 11/18It5 B of A 7000 $100.00 minor fee, 179 Topsail Road, NTB Oni JD not. 1058D 11/132015 11/18/15 B of A _ 5123 $100.00 minorfee, 230 N. Anderson Blvd. TB PIN 7996 $200.00 GP 66215E _ 14263 $100.00 minor fee, 135 Sountivlew, Hampot Phi _ 14265 $100.00 minor fee, 111 Pennuda Wynd NTB One _ 1563 $100.00 minor fee, 4110 Island Dr. NTB One _ 14264 $100.00 minor fee, 614 Hampton Colony Cir NTB On _ 1103 $536.00 NOV 15-78D, $250, $250, $36 _ 742767 $400.00 GP 66219D 18168$_200.00 GP 662180 JD rcL 1057D 11/182015 11/1ems B of A JD ML 1058D 11/16/2015 11/17/15 Fist Citizens Bank JD rd 1083E 11/16=15 11/17/15 Sandy Feet, LLC First Citizens Bank JD ML 1062D 11/102015 -Ti- same North State Bank JD Mt. 1061D 11/16/2015 11/17115 Dennis_& Mary Backer (Boei same_ _ _ _ _ _ _ _ some _ _ _ _ same __ _ _ _ __ First Citizens Bank JD rat 1059D -it /18I2015 it/17/15 First Citizens Bank TM ML 0435D 11/17/2015 11/17/15 BB &T HS not 0996D 11/171 015 11/17/15 BB &T HS rd 0994D 11/17/2o15 11/17/15 Chris Luttedoah_ _ _ _ Robbie Brooks _ _ _ _ _ _ _ _ Lee Thornton _ _ _ Richard James _ Michael Huskey Wells Fargo Bank 59183420956 $200.00 GP 66217D JD rct 1064D 11/172015 11/17115 First Federal 9640 $400.00 GP 062180 JD rU 1085D / 1/17/2015 1I 17115 Coastal Bank and Trial 992 $100.00 mirror fee, S. Uoyd Lt 19 The losminsulai JD not 1106D 11/2012015 1124/15 _ _ _ _ H5 Consbu-chonLLC BB 8T 1367 $600.00 GP 66170D HS mL o998D 1120/2015 1124/15 _ Holden Docks & Bulkheads_ CmCom Bank 2303 $200.00 GP 66172D HIS ML 1000D 11202015 1124/15 _ Frederick-H. Kart _ _ same _ _ _ SEL Property Investors LLC _ _ Burner Boadfoot - BB &T 1000 $400.00 GP 66171 D HIS lot. 0999E 11202015 1124/15 Logan Manne LLC Coming Federal Credit Union 1236 $200.00 GP 66220D RM rot 0382D 11232015 1124/15 Money Order from Dixon Broadfoot Wells Fargo Bank MO 17-259805108 $200.00 GP 66721 D TM rot 0407D 11232015 1124/15 Mike Milligan Painting __ George Garalis BB &T 11712 $400.00 GP 66173D HS net 1278D 11232015 1124/15 Maritime Coastal Construction LLC Robert McCormack CresCom Bank 2195 $400.00 GP 66174D HS not 1277E 11/242015 1125/15 Jill and Matthew Robinson Pippin Marine Construction LLC Armen Construction Inc Antinon Construction Inc Deyo and Associates LLC Ocean Blue Pools and Spas of NC David C. Winner, Jr _ Custom Island Homes by Ken Kiser LLC _ Coastal Marine Piers and Bulkheads LLC _ Carolina Sport Court LLC Clements Marine Construction Inc Coastal Construction & Consulting LLC Allied Marine Contractors LLC _ Seawalch at Sunset Harbor LLC es Riggs 8 Assoc. Charles Sunset Group Inc Cape Fear Engineering_ Inc _ Linwood T. Mercer Jr -- - Wells Fargo MO, Peter Mueller Logan Manne LLC same USAA Federal Savings Bank 2669 $100.00 transfer fee, MP 4-05 RM not 0384D 3571 $250 00major fee, 914 Santa Mena Ave, Wtim NHCo RM ni. 0383E _ _ 4004 E000.00 GP 66198D JD n1 1067E 4006 _ 20000 GP 66114D _ JD rct. 10881] 1147 _ _$100.00-mod fee, MP 47-07 ARM rct. 0385D 881 $100.00 minor fee, 1267 NewRiver Inlet Rd, NTB Ons JD ra 1069D .RM mL 0386D GP 66223D @S400 4085 $100.00 minor fee, Caswell Beach 15-06 TM not 0442D 20559 $250.00 major fee, 712 Waynick Blvd WB NHCo RM ML 0387D 3389 $100.00 minor fee, 640 Hampton Colony Cir. NTB Ons JD rat, 1070D 3958 $250.00 major fee, 2309 Middle Sound Loop Rd NHCc HS rct. 8D 127 4021 $100 00 mod fee, MP 132-98 _ _ RM rcl. 0388D 8149 $200.00 GP 66214D - JD 07 rat. 11 D 1667 $100.001renewal fee MP 06-10 HS far 1279E 14232 $10000lminor fee, Lot 22 Atkinson Rd Surf City PIN JD rct, 1282D 2196 $400.00imajor fee, 24 Causeway Dr. 106 BR HS rat. 1280D 26661 $100.00 mod fee, east end Main St, Sunset Bch BR HS rat 1281 D 1886 $200.00 GP 66202E _ JD rcl 1073E --- _ 17-295064585 $200.00 GP 662020 JD rd. 1073E 1241 $250.00.major fee, 5920 Nautical We, Wien li RM ML 0389D - 11242015 1125/15 Lary Warshaw Wells Fargo Bank 1125/2015 12/1/15 Caroline Brinkley B of A 112=015 12 M/15 Glen Baxter B of A 11/302015 12/1/15 same representing NC State Port Authority Wells Fargo 11/30/2015 12/1/15 Al Weston Timothy Chase- Jeff Carter Max Kohler _ Larry Funderburk Michael Moss Anthony Patterson Anchors Bend _ Marvin Rozear _ _ Coastal Communities Inc. _ Copland Sunset Motorsports LLC Palm Cove Subdivision same _ Linwood T. Mercer Jr _ SEL Investors, LLC First Citizens Bank 11/302015 12/1I15 12/12015 12/4/15 CresCom Bank Wells Fargo Bank North State Bank i First Citizens Bank _�. PNC Bank IB of A NBSC Synovus Bank -� First Citizens Bank _ BB &T _ _ BB 8T Marine Federal Credit Union _--_ Wells Fargo Bank_ Coming Federal Credit Union 12/12015 12/4/15 1222075 12/3/2015 12/4/2015 12/4/2015 12/4/2015 12/7/2015 12/7/2015 W712015 12/8/2015 12/8/2015� 12/9/2015 1T/4/15 12/4/15 1214/15 _ Plas O _-_______- O 0 t_r1 tv Logan Marine, LLC Fixed Pier & Gazebo 5920 Nautical Isle Ct By David Logan 12/7/15 Drawing 2 of 2 Horizontal Scale: 1"=25' Boat Lift each side, Vertical Scale: 1"=4' 11W2 Gazebo & Roof North &South Flavatinn Rafaranra= NI W ED 5 %17-Y -. '- ..,_,.,,III. �N, NC DEC 0 9 2015 RECEIVED DCM WIL MINGTON. NC DEC 0 9 2015 Logan Marine, LLC Fixed Pier & Gazebo 5920 Nautical Isle Ct By David Logan 12/7/15 Drawing 1 of 2 Scale: 1"=100' Legend Coastal Wetlands Water Depth @ NLW Uplands ® 4-Piling Boat Lift OSlip Numbers NTS = Not to Scale Notes Water depth at location of Proposed tform in Masonboro Sound was 1.5' MLW and 2' at the 1/3 distance of terbody @ MLW. Preliminary map data & boundary as provided by Patrick C Bristow Land veying via aerial maps. Flo AIWW _Ebb . Channel Q MASONBORO SOUND a Wco ------- ---------------- Riparian Corridor T75-4 0 ILD I M i I u) ` I Ir ! I I Degrees O'X20' Fixed Platform w/ 2'x22' Roof Cover Fixed Access Pier Fixed Access Pier & x20 Platform latform NOT to be Al 00 W �' U ' z W— O ❑ W -1 W 2 W� U eq C) U W r 0 LO of rn a 0 N Cc G 41- - - -----__� CS --- r --=T=_ _= — o —i --— IZ.I �---171 l y� �� I +• I I oi� I w y I I c I I 0 v I I z 'aa' o I � y I I a) J 5908 oNautical I Nsle Ct auticaI I Q a I Isle Ct I Willard & a.2 SEL Property Suzanne 5920 5916 Investors, 5924 11 Nautical Abbott Nautical LLC 4 Lots j Nautical Isle Ct Isle Ct Owned by I Isle Ct SEL Property SEL PropertyI SEL Property Investors, 1 SEL Property Investors, I I Investors, Investors, LLC LLC �� I LLC LLC Width of 4 Lots NTS I 1/4 Distance of Waterbody r I � I I I I I I I I I I I I I I I I I I I I 0 o n m I -A c �n cfl 2 m o �m cn 00 z z a