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65-16 Riley, Mike
Permit Class NEW STATE OF NORTH CAROLMA Department of Environmental Quality and Coastal Resources Commission Grit 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 Mike Riley, 154 Great Oak Drive, Hampstead, NC 28443 Permit Number 65-16 Authorizing development in Pender County at adi. to the AIWW, 154 Great Oak Drive, Hampstead , as requested in the pennittee's application dated 1 /5/16 (MP-1.) and r .vic .d 4/ 5/16 (MP-4), incl. attached workplan drawings (2), 1 of 2 dated revised and received 5/2/16, and 2 of 2 dated revised 4/25/16. This permit, issued on .tune 14, 2016 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes only the expanded dock and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this expanded 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 expanded 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. Sr rvr., Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Mike Riley Permit No. 65-16 Page 2 of 4 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 3 formalized boat slips. This permit does not authorize docking on the south side of the floating dock. No cleats shall be installed on the south side of the dock. 6) The expanded dock 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. 7) No portion of the authorized docking facility shall extend past the adjacent pier line. In order to ensure compliance with this condition, the applicant shall stake the waterward limit of the dock and have the location approved onsite by a representative of the Division prior to construction. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) The permittee is advised,that in accordance with 15A 07H .0208, the Rules of the Coastal Resources Commission prohibit new dredging or excavation of submerged aquatic vegetation (SAV). The presence of SAV has been identified around the project area. Dredging within any SAV habitat in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. U.S. Army Corps of Engineers Conditions 10) In order to satisfy concerns of the resource agencies, physical stops shall be placed on the docking facility at a minimum height of 18" above the bottom substrate to prevent the floating dock from impacting SAV. The physical stops shall remain in place for the life of the docking facility. 11) The applicant shall have the locations of SAV within the project vicinity field marked in order to avoid impacts to the vegetation from construction equipment and activities during dock installation. 12) Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. Mike Riley ADDITIONAL CONDITIONS Permit No. 65-16 Page 3 of 4 13) For any operational activity that impacts the safe navigation on Federal waterways: The.U.S. Coast Guard requires that the applicant provide the following information at least 10 days prior to operations commencing: a. Dates (Inclusive) of operation b. Hours of operation (24 hours/daylight hours only) C. Names of vessels involved d. Working and standby frequencies e. Specific Location (Mile marker/Channel) f. Any specific instructions or concerns that would be pertinent to the mariner. Send information to: USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 Or via Email: NCmarineevents@uscg.mil 14) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 15) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre- project,condition. General 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 17) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 18) 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. 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 Action ID No. SAW-2016- 00552. Mike Riley ADDITIONAL CONDITIONS Permit No. 65-16 Page 4 of 4 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. NOTE: An application processing fee of $250 was received by DCM for this project. r DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (check all that apply) New Major Mod_ Perm it# Minor Mod_ Renewal_ Transfer is Permit Coordinator: (1 _J. Field Representative_ -x j Date Time Message 4/ (,ep. & �-o vi s-J- W1.G6, LH-, IMD 4� ►C C x lW"V-CtennQ'&t . -b G.S�cSs �/ �av�o<<cis � �iSC�ss �,l,+cf: Safi✓� �csu�,�s'- y? Wz/l� hwik aQ. RbJVLrn c► rs .�(0[i, ' Coord. - n-o-! (ond�ufivSflgO(D&I 4 �rmik w/ %� ►'�p� Y ec,-?oAO:d t e�. from NWC jf� ba (Jwj, a k. of A Coastal Management ENVIRONMENTAL QUALITY June 14, 2016 Clements Marine Construction c/o Mark Clements 112 Circle Dr. Hampstead, NC 28443 Dear Mr. Clements: PAT MCCRORY Gammor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Direernr This letter is in response to your application request under the Coastal Area Management Act (CAMA), acting as agent for Mike Riley, to expand a docking facility at 154 Great Oak Rd, in Hampstead, Pender County. On May 6, 2015, processing of your application was placed on hold at your request. This office has received your request to resume processing. Therefore, processing of your permit application has officially resumed as of today. The revised projected deadline for making a decision is July 1, 2016. Please feel free to contact me by phone at (910) 796-7302 or by e-mail at: heather.coats@ncdenr.gov if you would like to discuss this matter further. cc: MHC Files/WiRO Files Sincerely, Heather Coats Assistant Majors Permits Coordinator —5' othing Compares-. - State of Nor18 Carolina I Environmental Quality I Coastal Management 127 Carded Drive Fit, Wilmington, NC 28405 910-796-7215 Mike Riley 154 Great Oak Drive Hampstead, NC 28443 Major Permit Request. Dear NCDENR Mrs. Heather Coats, At this time we wish to take our current major permit application off of hold and continue with the process. Thank you for your help. Respectfully, Mark Clements Agent RECEIVED DCM WILMINGTON, NC JUN 14 2016 \`v Al N Coats, Heather From: mark clements <clementsmarineco@bellsouth.net> Sent: Tuesday, June 14, 2016 921 AM To: Coats, Heather Subject: Riley Requset Attachments: Riley major permit off hold request.docx Hi Heather, attached is our request. thanks DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 7, 2016 Regulatory Division Action ID No. SAW-2016-00552 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality, 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Mike Riley to modify an existing docking facility at 154 Great Oak Drive, adjacent to the AIW W, in Hampstead, Pender County, North Carolina. Coordinates in Decimal Degrees are: 34.3497 N and-77.6942. The project plans propose to modify an existing dock by constructing a 4-foot X 12-foot finger pier extension at the end of the existing dock platform and a 6-foot X 16-foot floating dock, accessed by ramp. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. Dredging is not authorized. 2. The applicant will install stops on pilings supporting the floating dock in order to maintain a minimum of 18 inches clearance between the bottom of the dock and the benthic substrate of the waterway. 3. The applicant will have the locations of SAV's within the project vicinity field marked in order to avoid impacts to the vegetation from construction equipment and activities during dock installation. RECEIVED JUN 10 2016 DCM- MHD CITY -2- 4. For any operational activity that impacts the safe navigation on Federal waterways: The U.S. Coast Guard requires that the applicant provide the following information at least 10 days prior to operations commencing: a. Dates (Inclusive) of operation b. Hours of operation (24 hours/daylight hours only) c. Names of vessels involved RECEIVED d. Working and standby frequencies e. Specific Location (Mile marker/Channel) JUN 10 2016 f. Any specific instructions or concerns that would be pertinent to the manner. Send information to: USCG SECTOR NC WATERWAYS DIV DCM- MHDCITY 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR VIA EMAIL: NCmarineeventsnq.uscg.mil 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 7. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 8. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 9. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. -3- 10. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 11. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 12. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919)791-4200, and the North Carolina Emergency Management Office at 1-800-858-0368, and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 13. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 14. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 15. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 16. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). R EC E I`; .7 JUN 10 DCM- Wr) -4- 17. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 18. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 19. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, N Liz Hair, Project Manager Wilmington Regulatory Field Office Copy Furnished: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 RECEIVED JUN 10 2016 DCM- MHD CITY -5- Mr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Electronic Copy Furnished: Mr. Chad Coburn, NC DWR Ms. Heather Coats, NC DCM Mr. Jason Dail, NC DCM RECEIVED JUN 10 2016 DCM- MHD CITY VN DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Mike Riley PROJECT NAME: Riley Dock Expansion COUNTY: Pender LOCATION OF PROJECT: 154 Great Oak Dr., adjacent to the AIWW, in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD:3-9-16 ✓ FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Jason Dail DISTRICT MANAGER REVIEW{ % B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 3-12-16 / plexz w ADJ. RIP. PROP NOTICES REC'D:/�_�r_ APPLICATION ASSIG D TO- l OCR C) 75 DAY DEADLINE: ) J MAIL OUT DATE:3-10-16 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $250 #4024 ✓ END OF NOTICE DATE: 4-2-16 ✓ DEED REC'D: ON: NIAS( 150 DAY DEADLINE: STATE DUE DATE: 4-2-16 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 5 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance .3 IN lI ✓ Land Quality Section (DEMLR) 3/isfl(t Division of Water Resources (401) 3/s/ l (/ ✓ �J I,J G Q U 1? s 2 01 b CZ,73 Storm Water Management (DEMLR) 8 � l (p / State Property Office ? 2 /(0 Division of Archives & History 2 7-11V Division of Environmental Health yI V lu ✓ Division of Highways Wildlife Resources Commission L a'vb-hb+cj Local Permit Office Division of Marine Fisheries / DCM ' {w/ �V ��y QC /tt�[ 'S'rtY4 Z0 16 Corps of Engineers �0 /(split .4 / 411. P Recommendations for State Permit — Mike Riley The total area of the existing and proposed structures was calculated as follows: Shoreline length = +/-106 ft. x 8 sq. ft = 848 sq. ft. allowable. Existine• Platform = 20' x20' = 400 sq. ft Proposed: Proposed floating dock = 8' x 25' = 200 sq. ft. Total (existing and proposed) = 600 sq. ft. The proposed development would provide docking space for a total of four (4) vessels. The proposed docking facility currently extends approximately 130' into the waterbody, which measures approximately 675' across, which is CONSISTENT with NCAC 07H .0208 (b)(6)(G). The application also appears to be CONSISTENT with the remaining use standards set forth in NCAC 07H .0208(b)(6), including those which dictate the maximum allowable platform area (the 8 square foot rule), the 15' riparian setback and federal channel setback. It appears the project would not impact any visible beds of SAV, and would therefore be CONSISTENT with NCAC 07H .0208(b)(1). Provided the resource agencies do not have any concerns regarding significant adverse impacts resulting from the proposed project, this office has no objections to the issuance of a permit. RECEIVED MAR 14 2016 DCM- MHD CITY MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Avd- Subject: Consistency Determination, Major Permit, Application, Mike Riley, Hampstead, Pender County Date: May 2, 2016 This project is consistent and not in conflict with the 2012 Pender County Comprehensive Land Use Plan Update. i The applicant proposes to install an 8' x 25' section of floating dock waterward of the existing docking facility. The project is located at 154 Great Oak Drive, adjacent to the AIWW in Hampstead, Pender County. Areas of Environmental Concern (AFC's) impacted by the proposal are PT and EW. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Developed/Conservation. In general, Pender County allows development in Developed/Conservation classified AECs which is consistent with the State's minimum use standards. The Pender County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the 2012 Pender County Comprehensive Land Use Plan Update. Cc: File Coastal Management ENVIRONMENTAL OLIALITY March 10, 2016 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance Nt- PAT MCCRORY Uovernar DONALD R. VAN DER VAART Secremp, BRAXTON DAVIS Uirecmr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCcilncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Mike Riley Project Location: 154 Great Oak Dr., adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand 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 April 2r 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. 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 S DATE Received Nothing Compares MAR I A 1016 State of North Carolina I Environmental Quality I Coastal Management DA 127 Cardinal Dnve ExL, Wilmington, NC 28405 CM 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY March 10, 2016 MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Duectrr ECEY E 1 MAR 10 2016 BY: FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aiincdenr.pov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Mike Riley Project Location: 154 Great Oak Dr., adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand 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 April 2, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 )nwcd �. Zo) 6 RECEIVED DCM WILMINGTON, NO Nothing Compares MAR 15 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Water Resources ENVIRONMENTAL OUALITY Mike Riley 154 Great Oak Drive Hampstead, NC 28443 Subject Property: Dear Mr. Riley: March 28, 2016 154 Great Oak Drive, Hampstead No Written Concurrence Needed PAT MCCRORY liorenror DONALD R. VAN DER VAART Secrbary S. JAY ZIMMERMAN DWR Project q 20160273 Pender County Awaor You have our approval, in accordance with the attached conditions and those listed below to expand an existing docking facility, as described in your LAMA application dated March 10, 2016 and received by the Division of Water Resources (DWR) on March 10, 2016. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3883 (GC 3883). This Certification allows you to use the General Permit 198700056 when issued by the US Army Corps of Engineers and the LAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the General Permits or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). RECEIVED DCM WILMINGTON, NC MAR 282016 Stele of North Carolina I Depattment of Environmental Quality l Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 r - Mike Riley DWR Permit N 20160273 March 28, 2016 Page 2 of 4 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit (15A NCAC 02H .0501 and .0502). 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans .[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] 5. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. SAVs Please note that the area surrounding the existing docking facility contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification. [15A NCAC 07H .0208(b)] Please understand that since the waters around your project area have been identified as containing SAVs in an outstanding Resource Water (ORW) and should dredging within the proposed project area arise in the future, that it will be denied. Please be aware that new dredging in an ORW containing SAVs is not allowed under 15A NCAC W13.0225(c)(2) and is a degradation of water quality standards and therefore considered a water quality violation. 15A NCAC 02B. 0201(e) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response' Cerifer at 1.800.424.8802. Management of such spills shall comply with , provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B. 0200 (3)(f), and GS 143 Article 21 A] Mike Riley DWRPermit p 20160273 March 28, 2016 Page 3 of 4 8. Fueling, lubrication.and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A.NCAC:02H .0506 (b)(3) and (c)(3)'and 15A NCAC 028:0200 (3)(f)] 9. This; General -Certification shall expire.on the same day:as the expiration date of the corresponding General Permit. The conditions in:effect on the date of issuance of the'Certification fora specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. Continuing Compliance: 10.. The applicant/permitee:and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division'determines that such standards or laws are not tieing met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 115A NCAC 02H .0507(d)) 11. Certificate of Completion The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion. Mail to: NCDEQ D.WR 401 and Buffers Unit. North Carolina Division of Water Resources, 1617 Mail Service Centel', Raleigh, NC,.27699. The certification of completion is available at: http://ijortal.ncdenr;org/web/wa/swp/ws/401/certsandi)ermitslapply/forms). [15A NCAC.02H 12. This certification grants permission to the director; an,authorized representative of the Director; or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 115A NCAc 02H .0502 (e)). Violations of any condition herein set forth -May "resultJ.n revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with;your proposed impacts or to conduct impacts.to waters as depicted in your application and as authorized by this Certification shall expire upon; expiration of the 404 or CAMA Permit. If you wish to contest any conditionsinthe enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must, file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the :office of Administrative Hearings: during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm,,except for official state, holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. 1 -. Mike Riley DWR Permit# 20160273 March 28, 2016 Page 4 of 4 The petition may faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within,five (5) business.days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office.ofA"dministrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephoned (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served dn.DEQ as follows: Sam M.Hayes,General Counsel . Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 .Unless such a petition Is;filed,.this certification and its conditions are final and binding This letter completesthe review ofthe:Division of Water Resources under -Section 401 of the Clean Water Act and 15A NCAC,02H .0500. If you have any questions,; please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364:or bye -mail Jennifer.Burdette@ncdenr.gov or myself in the DWR Wilmington Regional Office at.910.796.7306 or by e-mail Joanne.SteenhulsC@ncde6r.aov. Sincerely, anne Steenhuls eniorEnvironmental Specialist Wilmington Regional Office Division.of Water Resources, NCDEQ, Enclosure: GC 3883 cc; Mark Clements Clements:Marine.Construction Inc —electronic copy Liz Hair - USACE; Wilmington Regulatory Field office —.electronic Jennifer Burdette - DWR 401 Wetlands and Buffers Unit Heather Coats - DCM Wilmington— electronic copy WIRO �i Coastal Management ENVIRONMENTAL QUALITY March 10, 2016 ECEIVE MAk 10 2016 DONALD BY:---� ttz- PAT MCCRORY Governor R. VAN DER VAART Secretary BRAXTON DAVIS Uireclor TO: Georgette Scott Stormwater Section DEMLR - WiRO FRAM: ` Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(d-)ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Mike Riley Project Location: 154 Great Oak Dr., adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand 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 April Z 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: �� This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �� c) Ci DATE I Nothing Compares. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DCM WICEIVED LMINGTON, NC MAR 2 8 2016 Coastal Management ENVIRONMENTAL QUALITY March 10, 2016 MEMORANDUM: RECEIVED MAR 14 2016 DOA STATE PROPERTY OFFICE TO: Tim Walton Dept of Administration State Property Office PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coats(a).nadenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Mike Riley Project Location: 154 Great Oak Dr, adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand 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 April 2, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. Ll 7z"114-1— ✓ / This agency has no comment on the proposed project. Pfcl+ Sc ��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. �4 f SIGNED �z v— DATE Nothing Compares. Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Exl., Wilmington, NC 29405 910-796-7215 RECEIVED DCM WILMINGTON, NC MAR 2 4 2016 PAT MCCRORY Governor KATHRYNJOHNSTON ActhV-11- retary State Property Office ADMINISTRATION March 16, 2016 TO: Heather Coats Assistant Major Projects Coordinator FROM: Everette Mooreo Real Property Agent RE: CAMA Private Dock Extension Application Review Applicant — Mike Riley Single Family Residence REPLY: Please confirm that the proposed construction is not located within the 1000' USACE AIWW easement area. .: N thing Compares ED State of North Carolina I Administration I State Property Office RI N DCM WILMIMINGTON, NC 1321 Mail Service Center 1116 W. Jones Street I Raleigh, NC 27699-1321 htto://www.ncspo.org 1919 807 4650 T 1919 7331431 F MAR 2 4 Z016 Coastal Management ENVIRONMENTAL QUALITY March 10, 2016 PAT MCCRORY (ions;+ DONALD R. VAN DER VAART ltrma�• BRAXTON DAVIS lkn MEMORANDUM: TO Renee Gledhill Early A-f��� Dept of Cultural Resources 1� Archives & History FROM Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext . Wdm NC 28405 heather.coatsca)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA Application Review Applicant: Mike Riley Project Location: 154 Great Oak Dr, adjacent to the AIWW, in Hampstead. Fender County Proposed Project: to expand 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 April Z 2016. if you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed. IThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached This agency objects to the project for reasons described in the attached comments. SIGNED -+Lx t XdLVIt I U- c CY DATE 15 'Nothing Compares , \Iql[ a(N,Nil� L LHIiiRi igY1i(lIp1M(110� (A811H C(W50 �riRMgC114'Id { 7' l-Ntii1411 Dl1vY �'%i.. W limurp��, lYC ieurs �I1.Tva92I5 RECEi'v j::p DCM WILMINGTON, NC: MAR 2 2 2016 MAR 1 6 2016 Coastal Management ENVIRONMENTAL OLIALITY March 10, 2016 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Govcmor DONALD R. VAN DER VAART secretory• BRAXTON DAVIS. Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatso),ncdenr.goov Fax: 395-3964 {Courier 64 18=33j SUBJECT: CAMA Application Review Applicant: Mike Riley Project Location: 154 Great Oak Dr., adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return fhis fo m to Fieether`.Cbafs at the address above by April 2, 2016, If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221" when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. Fro 51,14.voN \Tell f1� SIGNED _�r� DATE �Nothtng Compares..` State ofNorlb Carolina 1 Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 25405 910-796-7215 "' [ 16. it%16 I7:47%',M Coastal Management ENVIRONMENTAL QUALITY March 10, 2016 MEMORANDUM: TO. NC D?pt 0f laosportatioo No IMp4crTo l�� �'~ 6193 P 2 ZP,r 3-rs• ib 910 I NY" MAR 14 2016 Robert Vause NC DOT Pander County PAT MCCRORY cibw� DONALD R. VAN DER VAART sfrn,,y BkAXTON DAVIS lowfor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heatheccoats nc tdgtirgov Fax: 395-3964 (Courier 04-16-33) SUBJECT. CAMA Application Review Applicant: Mike Riley Project Location: 154 Great Oak Dr., adjacent to the AIWW, in Narnpstead, Ponder County Proposed Project: to expand an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and Mum this form to Heather Coats at the address above by April Z 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: SIGNED ___ 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 doscribod in the attached Ccomments. �� aA � �t f 'J l I ^ DATE If% _ Nothing Compares'T_1 . SNN, afNoah CmVhm i Emmonmonlal Qairyi Cowlal Managownl 127 Cmdmai thin FAI., Wilminto w, 14C 28405 910)90215 RECEIVED DCM WILMINGTON, NC MAR 1 S 2016 Gorclozu Ivi�et�, );�ecutn�a D#act `1lB1vLORAlV�21f3M `�@: �ieatlierfi;oa�s? D.ntsibn,of Coadd.- fand*meur North Garohna Department Qf EnvJronmenj$ Qualify, FRGiti.: Nfada:T. Dunm Coasr..Coordinaior -H# . a o❑seraafi ou bx WO!'t ANTE: May:A iolt ,SUBJECra CAMk redgzfFil Pem*A-p.plpktioiiIvlo float oY _al. GEEi��,a:u:J D0,1114 ' � .....� Wit... 4' !! � 7,vWck thepQth to the apd uis�ralcitipe:fdr er�kiple)'.Wbuidgiuil 4esset opatorn dciw� oVeIt, TJrs;pewstnter�eskavi��iredesi�d�tadeter�cs�e��ook�lg�n�motorixpoYerS�kV xlie=ffo&u4gdocl�.sttottld;b�d�gu�1'tip-noCt�sr'oi7th�bo'ttandurmgT<rvYftd�eaeuts. ', CoastalManagement ENVIRONMENTAL QUALITY March 10, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: 1. , :,Project Location: .. Proposed Project: PAT MCCRORY Go°emor DONALD R. VAN DER VAART Sammy BRAXTON DAVIS Director Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext.,_Wilm., NC 28405 heathercoats(a)ncdenr.gov Fax: 395-3964 Courier 0416-33 CAMA Application Review Mike Riley -154 Great Oak Dr., adjacent to the AIWW, in Hampstead, Pander County to expand an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and f tum this form to Heather Coatsi at the address above by April 2, 201 & If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 7�/(o RECEIVED MAR 14 2016 Nothing ComparesT,%,_ D C m MH D UTY Slate of North Carolina I HnvitorenoW Quality I Coastal Management 127 Cardinal Drive Ext., Wdmington, NC 28405 910.796-7215 PAT IJCCRQRY Govemer ' DONALD R. VAN DER VAART serelary BRAXTON DAVIS Coastal Management Dhvdar ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist W SUBJECT: Mike Riley DATE: 4/5/2016 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to build a 25ft x 8ft floating dock at an existing docking facility. The surrounding waters are designated as SA-ORW, are open to shellfish harvest, and have submerged aquatic vegetation (SAV) within the site and in the immediate vicinity. On 3/17/2016 staff visited the site at MLW to perform an SAV survey to determine potential impacts. Staff noted the overall site had two large patches of SAV immediately adjacent to the potential floating dock, one located in front of the pier head (Patch 1) one located in front of the eastern lift (Patch 2). Smaller patches are located throughout the site and the general vicinity. SAV was identified as actively growing eel grass and the previous season's shoal grass. The two significant patches had moderate.SAV coverage (40-69%) with an overall site coverage categorized as sparse (10-39%). Depths at the two significant SAV patches were -1ft tin (Patch 1) and -ift (Patch 2) at MLW. Depth range at the proposed floating dock location was Aft tin at the end of the pier to -lft Sin approximately 40ft out from the end of the pier. These depths were significantly lower than the application identified, (-2ft to -2ft 6in at MLW). A significant hole was noted at the eastern lift site of -2ft 71n at MLW, commonly created by powering the vessel onto and off of a lift. Water depths at the location under each lift was approximately -1ft at MLW. It does not appear the second lift is in use do to the absence of a hole. A second survey was performed on 4/4/2016 with both Fisheries Resource Specialists.present to verify potential SAV Impacts and depths.at the site. Initial depths (3/17/2016) were verified after 4/4/2016 depths were adjusted to MLW. On the Atlantic coast, North Carolina ranks second behind Florida in SAV presence (Funderburk et al.1991; Sargent et al 1995). Observations since 2000 have Indicated that SAV coverage In North Carolina is expanding into previously unobserved areas. SAV is a vital component to the estuarine system and is prime nursery area for many fisheries species, such as gag grouper, flounder, red drum, black sea bass, weakfish and Atlantic croaker (Deaton et al. 2010). SAV supports high diversity of foraging fish and invertebrates, and provides valuable ecosystem services as a primary producer and enhancer of water quality (Deaton et al. 2010). SAV filters water, stabilizes sediment (Fonseca 1996; Stephan and Bigford 1997), and provides refuge for juvenile finfish, crabs and shrimp (Savino and Stein 1989; Rooker et al.1998). SAV supports a vast array of epiphytes and other sessile invertebrates that serve as a food source for many Nothing Cotnpares_'"Ik� Store dxortkmuoa I Fnviroameatal Qa o l Coastal Nkupmeat 400Commeme Ave I Morehead City, North Cmlma28557 252-808-2808 PAT MCCRORY t Jju Coastal Management ENVIRONMENTAL QUALITY Gammm• DONALD R. VAN DER VAART Suchdory BRAXTON DAVIS Direclor fisheries species. Waters containing SAV have higher species richness and abundance than those without SAV (Thayer et al. 1975, Ross and Stevens 1992), and can improve water quality and clarity through the filtration of water by the associated epiphytic community. SAV is recognized as essential fish habitat due to its primary production, structural complexity, modification of energy regimes, sediment and shoreline stabilization, and nutrient cycling (Deaton et al. 2010). The proposed floating dock would be located in the only path the applicant has to maneuver a vessel on and off the eastern lift between the two significant SAV patches (Patch 1 and 2). SAV coverage at the proposed floating dock is categorized as very sparse (<10%), and is bracketed by these significant SAV patches. if the floating dock was authorized, ingress/egress from the lifts would be directed to these SAV patches and could cause direct prop impacts to SAV and SAV habitat. The proposed floating dock itself would cause direct impact to the SAV and SAV habitat below the structure at low tides, and locate vessels using the slips potentially onto the SAV patches or immediately adjacent, whose water depth is approximately -1ft at MLW.. Therefore, I object to the project as proposed, due to negative adverse impacts the project would cause to SAV and SAV habitat at this specific site. If an alternative solution is found that would allow the structure to be located in adequate water, without SAV presence, and would not impact SAV and SAV habitat, then I would be open to discussing the alternative. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or gregg.bodnar@rcdenr.yov with further questions or concerns. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 639 pp. Fonseca, M. S.1996. The role of seagrasses in nearshore sedimentary processes: a review. p. 261-286 in C. Roman and K. Nordstrom (eds). Estuarine Shores: Hydrological, Geomorphological and Ecological Interactions. Blackwell, Boston, MA. Funderburk, S. L., J. A. Mihursky, S. J. Jordan, and D. Riley. 1991. Habitat requirements for Chesapeake Bay living resources. Habitat Objectives Workgroup, Living Resources Subcommittee and Chesapeake Research Consortium with assistance from Maryland Department of Natural Resources, Solomons, MD. Rooker, J. R., G.J. Holt, and S.A. Holt. 1998. Vulnerability of newly settled red drum (Sciaenops ocellatus) to predatory fish: is early -life survival enhanced by seagrass meadows? Marine Biology 131(1):145-151. Nothing Compares State of North Carolina l Ewko mtd QuHty I Coastal Management . 400Commerce Ave I MmehmilCity, North Cacdiaa 28557 252-808-2808. Ross, J. L. and T.M. Stevens. 1992. Life history and population dynamics of red drum (Sciaenops ocellatus) in North Carolina waters. NC Division of Marine Fisheries, Morehead City, NC, Marine Fisheries Research Completion Report Project F-29,130p. Sargent, F. J., T. J. Leary, D. W. Crewz, and C. R. Kruer.1995. Scarring of Florida's seagrasses: Assessment and management options. Florida Department of Environmental Protection, St. Petersburg, FI. Savino, J. F. and R.A. Stein.1989. Behavior of fish predators and their prey: habitat choice between open water and dense vegetation. Environmental Biology of Fishes 24(4): 287- 293. Stephan, C. D. and T.E. Bigford. 1997. Atlantic coastal submerged aquatic vegetation: a review of its ecological role, anthropogenic impacts, state regulations, and value to Atlantic coastal fish stocks. Atlantic States Marine Fisheries Commission, 77p. Thayer,, G. W., S.M. Adams, and M.W. La Croix.1975. Structural and functional aspects of a recently established Zostera marina community. p. 518-540 in L.E. Cronin (ed.). Estuarine Research. Academic -Press, New York, NY. Nothing Compares Slate afNacth Caroline � �vuoomea4'd Qualify iCasslalMnoagemeut 400Commr Ave i.Momheadaty,NoACamliea28557 M-808-2808 Coats, Heather From: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, April 06, 2016 2:11 PM To: 'Clementsmarineco@bellsouth.net' Cc: Coats, Heather; Steenhuis, Joanne; Bodnar, Gregg Subject: 154 Great Oak Drive Hampstead _ Mr. Clements, It has come to my attention that submerged aquatic vegetation is located within the project area of the floating dock. Based on this new information, the project no longer qualifies for a GP 56 and is not authorized for construction at this time. I will follow up with a hard copy letter explaining the above to the applicant and the process required to review the proposal. Please let me know if you have any questions. Thank you, Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 March 23, 2016 Regulatory Division Action ID No. SAW-2016-00552, General Permit No. 197800056 Mr. Mike Riley 154 Great Oak Drive Hampstead, North Carolina 28443 Dear Mr. Riley: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to expand an existing docking facility at 154 Great Oak Drive, along the AIWW in Hampstead, Pender County, North Carolina. Coordinates are: 34.3497 N,-77.6942 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 conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the submitted plans and the revised plans received on 17 March 2016, which are a part of this permit. . 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 MAR 3 0 2016 DCM- MHD CITY -2- Thank you for your time and cooperation. If you have questions, please contact Liz Hair, of the Wilmington Regulatory Field Office, telephone: (910) 251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosures: Manatee Guidelines GP 56 conditions Copies Furnished (with enclosures): Clements Marine Construction, Inc. Mr. Mark Clements 112 Circle Drive Hampstead, North Carolina 28443 Copies Furnished (without enclosure): Mr. Jonathan Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Electronic Copies Furnished: Chad Coburn, NCDWR Robb Mairs, NCDCM RECEIVED MAR 3 0 2016 DCM- MHD CITY N'(`' June 6, 2016 Regulatory Division Action ID No. SAW-2016-00552 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: r;ECE-iVED UGIO WILMINGTON. NC !UN 0 6 2016 Reference the application of Mr. Mike riley to modify an existing docking facility at 154 Great Oak Drive, adjacent to the AIWW, in Hampstead, Pender County, North Carolina. Coordinates in Decimal Degrees are: 34.3497 N and-77.6942. The project plans propose to modify an existing dock by constructing a 4-foot X 12-foot finger pier extension at the end of the existing dock platform and a 6-foot X 16-foot floating dock, accessed by ramp. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. Dredging is not authorized. 2. The applicant will install stops on pilings supporting the floating dock in order to maintain a minimum of 18 inches clearance between the bottom of the dock and the benthic substrate of the waterway. 3. The applicant will have the locations of SAV's within the project vicinity field marked in order to avoid impacts to the vegetation from construction equipment and activities during dock installation. 4. For any operational activity that impacts the safe navigation on Federal waterways: -2- The U.S. Coast Guard requires that the applicant provide the following information at least 10 days prior to operations commencing: a. Dates (Inclusive) of operation b. Hours of operation (24 hours/daylight hours only) c. Names of vessels involved d. Working and standby frequencies e. Specific Location (Mile marker/Channel) f. Any specific instructions or concerns that would be pertinent to the mariner. Send information to: USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR VIA EMAIL: NCmarineevents@uscg.mil 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 7. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 8. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 9. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. J -3- 10. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 11. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 12. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919)791-4200, and the North Carolina Emergency Management Office at 1-800-858-0368, and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 13. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 14. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 15. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 16. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North in Carolina General Statutes Chapter 113A Article 4). 17. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 18. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 19. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Copy Furnished: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement -5- Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Electronic Copy Furnished: Mr. Chad Coburn, NC DWR Ms. Heather Coats, NC DCM Mr. Jason Dail, NC DCM r �, rN UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration a NATIONAL MARINE FISHERIES SERVICE ` Southeast Regional Office M 010 26313th Avenue South St. Petersburg, Florida 33701-5505 http:llsero.nmt.naaa.gov May 26, 2016 F/SER47:KR/pw (Sent via Electronic Mail) Colonel Kevin P. Landers, Sr., Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Liz Hair Dear Colonel Landers: NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID No. SAW-2016-00552, dated May 2, 2016. Mr. Mike Riley requests authorization to modify an existing dock through addition of a floating dock to improve access and safety for boarding small recreational boats in waters adjacent to the Atlantic Intracoastal Waterway in Hampstead, Pender County. Water depths within the project area average -2.0 feet Normal Low Water. The waters within the project area are not a state -designated Primary Nursery Area (PNA). The Wilmington District's initial determination is the proposed dock extension may affect essential fish habitat (EFH) or associated fisheries managed by South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council (MAFMC), or NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments and recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Proposed Project In his permit application to the North Carolina Division of Coastal Management (NCDCM), which NCDCM received February 12, 2016, Mr. Riley proposed constructing a floating dock (eight feet by 25 feet) along the terminal end of his existing dock. Field surveys conducted April 18, 2016, by the NCDCM, North Carolina Wildlife Resources Commission, NMFS, and Wilmington District indicated the design and orientation of the proposed dock extension would significantly impact established beds of submerged aquatic vegetation (SAV). In an effort to minimize impacts to SAV, the agencies worked with the applicant to revise the plan to move the floating dock waterward by including a finger pier (four feet by 12 feet) extension at the end of the existing dock platform and by reducing the floating dock to six feet by 16 feet; these changes would eliminate shading of SAV. The agencies also recommended to the applicant that he further minimize these impacts by including float stops to keep the floating dock from lying upon and scraping the estuarine bottom. The revised project design the Wilmington District coordinated with resource agencies on May 2, 2016, does not include float stops, but does include the revised configuration for the dock extension. 0 PR Impacts to Essential Fish Habitat As originally proposed, construction and installation of a new floating dock would disturb approximately 200 square feet of shallow bottom habitat. SAV is present and flourishing in and around the existing dock. The revised plan would disturb approximately 96 square feet of shallow bottom habitat, and the new design represents a 52 percent reduction in the footprint of the floating dock. Further, the revised plans for the dock eliminate shading of SAV. The SAFMC identifies shallow sub -tidal bottom and SAV in estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp. The SAFMC also identifies SAV as a Habitat Area of Particular Concern (HAPC) for shrimp, gag, and gray snapper. HAPCs are a subset of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates when located in these habitats. The SAFMC provides detailed information on the EFH requirements of federally managed species in amendments to the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region. Other species of commercial or recreational importance found in the project area include red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes and sharks). EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH Conservation Recommendations for any federalaction or permit which may result in adverse impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: • Stops should be installed on pilings supporting the floating dock to maintain a minimum of 18 inches of clearance between the bottom of the dock and the benthic substrate of the waterway. The floating dock should never contact or rest on the substrate. Stops should be maintained to prevent degradation or failure. • The permit should require best management practices, such as field marking SAV locations, to keep construction equipment and activities from encroaching into SAV habitat. • The permit should expressly prohibit dredging at the location and discourage future permit applications for dredging SAV habitat at the site. Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR Section 600.920(k) require the Wilmington District to provide a written response to this letter within 30 days of its receipt. If it is not possible to provide a_ substantive response within 30 days, in accordance with the "findings" with the Wilmington District, an interim response should be provided to the NMFS. A detailed response then must be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the response is inconsistent with the EFH conservation recommendations, the Wilmington District must provide a substantive discussion justifying the reasons for not following the recommendations. Thank you for the opportunity to provide these comments. Please direct related questions or comments to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 728-8750. / for Sincerely, �u VA Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE, Sarah.E.Hair@usace.army.mil USFWS, Pete_Benjamin@fws.gov NCDCM, Doug.Huggett@ncmail.net, Gregg.Bodnar@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net F/SER4, David.Dale@noaa.gov, Ken.Riley@noaa.gov Coastal Management ENVIRONMENTAL QUALITY March 10, 2016 MEMORANDUM: TO: Heidi Cox Environmental Engineer Public Water Supply MZ' PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretory BRAXTON DAVIS Director a@19odaQ MAR 1 0 2016 Division of Water Resources W iRO - Public Water Suoon FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCa)-ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Mike Riley Project Location: 154 Great Oak Dr., adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand 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 April Z 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: _.Cl 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 JAI C � (j�DATE �l Nothing Compares_ DCM WILM NIGTON, NO State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 MAR 15 2016 I 1Y1G1Y1V1fP11\UUM TO: Heather Coats Division of Coastal Management RECEIVED North Carolina Department of Environmental Quality JUN 06 2016 FROM: Maria T. Dunn, Coastal Coordinator DCM- MHD CITY Habitat Conservation Division DATE: May 27, 2016 SUBJECT: CAMA Dredge/Fill Permit Application Modification, Mike Riley, Pender County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application modification with regard to impacts on fish and wildlife resources. The project site is located at 154 Great Oaks Drive Hampstead, 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.). Previously the applicant submitted an application proposing to construct an 8' by 25' floating dock along the terminal end of an existing docking facility within AIW W. Due to concern with impacts to submerged aquatic vegetation (SAV), multiple agencies opposed the project and subsequently met onsite. As a result, the applicant has submitted a modification to the design proposed in the original March 9, 2106 submittal. The current design includes a fixed 4' by 12' finger pier on the northwest terminal end of the dock ramping down to an 8' by 16' floating dock This re -design was proposed to gain approximately 2" — 3" of water at NWL under the floating dock and theoretically avoids impacts to SAV from the physical presence of the structure. The NCWRC has reviewed the modification and believes the current design is an improvement above the originally proposed design. However, we still have concern with impacts to SAV during construction of the structure as well as during the use of the facility. To further minimize impacts to SAV, we request the following: REGEt'VED "11NGTr` , Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27 . lR?21 Telephone: (919)707-0220 • Fax: (919) 707-0028 MAY 272016' Page 2 May 21,2016 To aid in the ingress and egress ofvessels 'fo the existing boat lift, we recommend the edge of the SAV bed be marked. The addition ofthe floating dock,significantly .constricts the path.to the lift anda visual, marker (PVC pipe for example) would guide the vessel operator to not drive over SAV, — The new structure:shoald be designed to deter vessel d6cking arid'motor" o*erSAV mg The -floating dock should be designed tdnot rest oiithe bottom .ddiiigidw tide events. Weapp' cciatc'the opportunity to review and :comment on.this permivapplication modification.;If you need further assistance or'ad na-I information, Please contact me at (252) 949-39 16 or at, maria.duaniAngwildlife.ore PAT MCCRORY Governor DONALD R. VAN DER VAART se—fary BRAXTON DAVIS Coastal Management Dlnaor ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Mike Riley (Amendment) DATE: 6/7/2016 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit amendment for proposed actions that impact fish and fish habitats. The applicant has modified an existing major permit application after numerous site visits by staff due to significant submerged aquatic vegetation (SAV) within the site and immediately adjacent. The re -design includes a 4ft x 12ft pier extension off of the terminus of the existing covered platform, access ramp and a 16ft x 6ft floating dock that runs perpendicular to shore. The surrounding waters are classified as SA-ORW and are open to shellfish harvest. Initial comments to the proposed project detail the SAV concentrations and prompted an objection due to significant impacts to SAV and SAV habitat. Water depth at the floating dock have been identified by staff at approximately -1ft 7in to Aft 9in at mean low water (MLW). SAV brackets the proposed floating dock (see 4/5/2016 comments), and there is significant concern that the dock and vessels tied up to the dock could impact SAV and SAV habitat. To limit these impacts the following is recommended. SAV resource should be marked throughout the build to limit direct impacts associated with the construction. It is recommended that 18" stops be conditioned and maintained to function properly for the life of the structure so that clearance is available from the bottom of the floating dock to substrate to avoid significant resource impacts. The western side of the floating dock has additional potential to impact SAV through prop dredging and direct vessel contact with the bottom. The proposed drawings due indicate that the dock's pilings are oriented on the western side of the dock, presumably to limit access. It is recommended that the western side of the floating dock be conditioned unavailable for dockage with a deterrent, such as a hand railing. The SAV located directly waterward of the eastern lift should be marked with PVC to assist in ingress/egress from the lift to the floating dock, further minimizing impacts as the facility is utilized. Finally, due to the SAV and SAV habitat, the permit should condition that no dredging will be authorized at the site. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or itreae.bodnar@ncdenr.aov with further questions or concerns. RECE;VED DCM WILMINGTON, NC Nothing Compares j U N 0 7 LO16 Sure of North Carolina I Favvo®eoW ml Quality J CoasMmagemmt 400 Commerce Ave I Morehead City, North Carolina 28557 252-808-2808 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 20403-1343 June 7, 2016 Regulatory Division Action ID No. SAW-2016-00552 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Mike Riley to modify an existing docking facility at 154 Great Oak Drive, adjacent to the AIW W, in Hampstead, Pender County, North Carolina. Coordinates in Decimal Degrees are: 34.3497 N and-77.6942. The project plans propose to modify an existing dock by constructing a 4-foot X 12-foot finger pier extension at the end of the existing dock platform and a 6-foot X 16-foot floating dock, accessed by ramp. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. Dredging is not authorized. 2. The applicant will install stops on pilings supporting the floating dock in order to maintain a minimum of 18 inches clearance between the bottom of the dock and the benthic substrate of the waterway. 3. The applicant will have the locations of SAV's within the project vicinity field marked in order to avoid impacts to the vegetation from construction equipment and activities during dock installation. Received JUN-08 2016 -2- 4. For any operational activity that impacts the safe navigation on Federal waterways: The U.S. Coast Guard requires that the applicant provide the following information at least 10 days prior to operations commencing: a. Dates (Inclusive) of operation b. Hours of operation (24 hours/daylight hours only) c. Names of vessels involved d. Working and standby frequencies e. Specific Location (Mile marker/Channel) f. Any specific instructions or concerns that would be pertinent to the mariner. Send information to: USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR VIA EMAIL: NCmarineevents@uscg.mil 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 7. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, of other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 8. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 9. The authorized structure and associated activity must not interfere with the public's right to,freenavigation on all navigable waters of the United States. No attempt will be made by the permiftee'to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 992 10. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 11. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 12. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials, In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919)791-4200, and the North Carolina Emergency Management Office at 1-800-858-0368, and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 13. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 14. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 15. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit, A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 16. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). ME 17, The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 18. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 19. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or continents may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Copy Furnished: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 -5- Mr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Electronic Copy Furnished: Mr. Chad Coburn, NC DWR Ms. Heather Coats, NC DCM Mr. Jason Dail, NC DCM Coastal Management ENVIRONMENTAL QUALITY May 6, 2016 Clements Marine Construction c/o Mark Clements 112 Circle Dr. Hampstead, NC 28443 Dear Mr. Clements: W5 PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dmi mr This letter acknowledges your email sent on 5/2/16 in which you indicated that you wish to place the CAMA Major Permit application for Mr. Mike Riley in abeyance. Based on this request, processing of your application will be terminated until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (910) 796- 7302, or by e-mail at heather.coats@ncdenr.gov. Cc: MHC Files Wilmington Files Sincerely, Heather Coats Assistant Major Permits Coordinator nothing Compares ._ State of North Carolina I Enwoomental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 .% , nde cs+a 4Vf 4tu - A-. Corf`S i-�t5 .5ornG ► KK }o a onVh,ti for 40- o ew} yha- AzG�rl/ l� U'FW't) )URJtll Oi"j �`ialrz� un�ll� I �.tie� +bSuG +g na5olvc�• i )SO1eS 000q r , C I f _ RECEIVED JUN 06 Z016 DCM- MHD CITY Received MAY Q 2 Z016 i I- DCM i j Lost i ' 6. I lEl MIN '1 4 cc C G ii'-, 1, 4ot 4� 0- i400 Joi� .ay-,K: �ej J 01 Y61A Received MAY 0 2 2016 DCM DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Mike Riley 2. LOCATION OF PROJECT SITE: 154 Great Oak Drive, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County. Photo Index - 2006: 22-7434, S-10 2000: 22-284, R, S 11 1995: 22-267, R-S-12 State Plane Coordinates - X: 66892 Y: 729301 Lat:34°20'58.97"N Long:77°41'39.31"W 3. INVESTIGATION TYPE: CAMA ROVER FILE — N/A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/8/16 Was Applicant Present — Yes, agnet 5. PROCESSING PROCEDURE: Application Received — 3/9/16 (Complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification from LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing —Single-family residence, bulkhead and docking facility Planned — Dock expansion resulting in four (4) slips (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGER FILLED OTHER (A) Vegetated Wetlands (Mixed coastal & 404-type) (B) Non -Vegetated Wetlands 200 sq. ft. (Open water) ((incorporated) (C) Other (D) Total Area Disturbed: 200 sq. ft. (0.004 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to install an 8' x 25' section of floating dock waterward of the existing docking facility. p `C C' VE D MAR 14 2016 DCh1- `ASH® CITY Mike Riley Page 2 9. PROJECT DESCRIPTION: The project site is located at 154 Great Oak Drive, adjacent to the AIWW, in Hampstead, Pender County. To locate the property from the WIRO office, drive north on NC Highway 17, turn right at Headwaters Drive. Follow Headwaters Drive approximately 0.8 miles to Overlook Drive. Turn left on Overlook Drive and follow it to Northline Drive near the end of the road. Turn right on Northline Drive and follow it to the end. Turn left onto Great Oak Drive and the property will be located on the right at house number 154. The property consists of a 0.75 acre parcel that is situated on land that is approximately 15-20 feet above mean high water (MHW) and is vegetated primarily with lawn grasses. A single- family residence occupies the highground portion of the property. The shoreline is stabilized by wooden bulkhead, and coastal and 404-type wetlands extend waterward of its location, a distance approximately 240 linear feet. Groundsel bush (Baccharis halimifolia) and Bulrush (Scirpus spp.) are among the species that vegetate the area immediately waterward of the bulkhead (transition zone). Waterward of this transition zone, Smooth Cordgrass (Spartina alternii fora), intermixed with Glasswort (Salicornia spp.) and Sea Lavender (Limonium carolinianum), span along the tidal flat a distance of approximately 220' before reaching the open water area of the AIWW. The width of the waterbody measures approximately 675' from marsh to marsh. The existing pier and platform extend approximately 370' from the bulkhead, into the AIWW, and approximately 130' of the pier's length is located over open water. Based on aerial photography, it appears the existing docking facility is located approximately 135' from the near shore edge of the federal channel setback. Submerged aquatic vegetation (SAV) is present between the marsh fringe and existing docking facility, and although very close in proximity, no SAV was observed within the footprint of the dock expansion (during DCM's latest site visit 3/8/16). The existing pier and docking facility was permitted in 2014, under GP#63981. The permit authorized an access pier, observation platform, swim platform and two boatlifts. Currently, water depths in the vicinity of the existing platform range between -2 and -2.5', relative to Mean Low Water (MLW). In addition, "patchy" areas of SAV were noted on the general permit as being in the vicinity of docking facility; however, the permittee and contractor were successful in avoiding established beds of SAV with dock construction, as required by CRC Rules. The waters of the AIWW are classified SA-ORW by the Division of Water Quality. The project area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is OPEN to the harvest of shellfish. PROPOSED PROJECT: According to the application package, the property owner wishes to install an 8' x 25' section of floating dock waterward of the existing docking facility, immediately waterward and perpendicular to the existing platform. The floating dock would originate from the northern most comer of the floating dock and would be accessible via a 3' x 12' long gangway/ramp. RECEIVED MAR 14 2016 DCEv1- RIND CITY 4- Mike Riley Page 3 According to 2014 Google satellite imagery, it appears the applicant could extend as much as 35'-36' offshore before crossing the established pier -head alignment. The alignment of the proposed floating dock was developed to avoid a particular bed of established SAV that is located directly waterward of the existing platform. This particular bed of SAV extends from roughly the central portion of the platform offshore and toward the south, beyond the southern limits of the platform, at an average distance of 10' beyond the outer edge of the existing platform. The bed is roughly 15' in diameter. The applicant is seeking this authorization in order to safely maneuver to and from any vessel(s) docked/moored at this facility, when not on/in the lift(s). Should the project be approved, a total of four (4) boat slips would be associated with this docking facility. According to the site plan drawing, the proposed docking facility would be located just landward of the existing pier -head alignment, and well short of the Federal channel setback. Water depths in the vicinity of the proposed docking facility range from approximately -2.0' to -3.0', relative to the Normal Low Water level. It should be noted the applicant's proposal would extend as far waterward as allowed based on the existing pier -head alignment. Also, based on the work plan drawings, the applicant's proposal is located within his riparian corridor, outside of the 15' setback and within Y. of the width of the waterbody. The applicant did not require a waiver from neither neighbor for the proposed development. 10. ANTICIPATED IMPACTS The proposed docking facility would result in the incorporation of approximately 200 square feet of Estuarine Waters and Pubic Trust Area. Although no SAV was observed within the immediate project area, there are established beds of SAV nearby. The proposed development would be located outside of the adjacent 15' riparian corridor setbacks on both sides and would be constructed outside of the federal channel setback, within''/. of the width of the waterbody. Turbidity associated with the piling installation would be kept to a minimum. Submitted by: Jason Dail Date: 3/9/16 Office: Wilmington RECEIVED MAR 14 2016 DCM- %.HD CITY V Mike Riley 154 Great Oak Drive Hampstead, NC 28443 Narrative for Major Permit Application. O1/20/2016 SOA Dear dommdow, We are applyingfor this Major Permit to install a new floating dock and by doing so will increase our current slips from (2) to (4) slips. The reason for this request is in part to have better access to our dock and allow us to move the boats from our existing boat lifts to the floating dock in order to safely load our children and guest. This will also aid in entering and exiting the water from our dock. I am sure you can understand our request and hope that you will have no objections to this request. Thank you for your help in this matter. RECEIVED DC` MAR 14 2016 DCM WILM NIGEON, NO FEB 12 2016 Jct xn pA le. n e<I 41 Vyl r-el r- ON Mr-1 I APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicand Landowner Information Business Name Project Name (it applicable) Last Name Applicant 1: First Name MI Riley Mike Applicant 2: First Name MI last Name ff additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 154 Great Oak dr Hampstead NC ZIP Country Phone No. FAX No. 28443 pander 910-617-9435 eA. - Street Address (d different from above) city State ZIP Hampstead NC 28445- Email 2. Agent/Contractorinformation Business Name r sI Ir- Clements Marine Construction Inc,. Agent/ Contractor 1: First Name MI Last Name MAR 14 2016 Mark H Clements Agent/ Contractor 2: First Name MI Last Name DC',-1- Mailing Address PO Box City State 112 Circle Drive Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910 - 620 - 9110 ext. 910 - 270 - 9110 ext. FAX No. Contractor A same Street Address (d dfferent from above) City State ZIP Email clementsmarineco@bellsouth.net RECEIUltJVED M Will <Form continues on back> FEB 12 2016 I, NC 252-808-2808 :: 1-8b, +RCOAo : _ w.nccoastalmanagement.net OV Form DCM MP-1 (Page 3 of 6) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # pander 154 Great Oak Dr. Hwy 17 Subdivision Name City State Zip Deer feild Hampstead NC 28445- Phone No. Lot No.(s) ilf many, attach additional page with List) 910 - 620 - 9505 ext. 1, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pt< e AICW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown AICW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. pander county 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 106.4 34601.28 sq. ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.75 acres, I I NWL (normal water leveq (If many lot sizes, please attach additional page with a list) 15' ®NHW or ❑NWL e. Vegetation on tract lawn grass some oak trees f. Man-made features and uses now on bad pier,-. resiLe-a p I� C `, a� RECCIYr�_'D g. Identify and describe the existing land uses adisceM to the proposed project site. private residential homes h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? r-20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the trail? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> DCM RECEIVEDILTON, NC FEB 12 2016 252-808-2808 .. 1-888.4kt.-.-AST www..-coastalmanagement.net Forth DCM MP-1 (Page 4 of 6) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Ayes 4PNo I �1 9rdIRe,"rC1 (ii) Are there coastal wetlands on the site? A.Yes ONo VVV (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. private septic o. Describe existing drinking water supply source. well and or county p. Describe existing storm water management or treatment systems. We & Activities and Impacts a. Will the project be for commercial, public or private use? ❑Commercial ❑PublielGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. we wish to install a floating dock as a day dock to our current slips. 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. A pile setting barge and hand tools will be used to install a 8'x2S floating dock. The floating dock will be built off site and floated in along with the pilings required to hold it into position. no equipment and or tools will be stored on she. d. List all development activities you propose. To install a floating day dock. e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? n/a ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use oft h. Describe location and type of existing and proposed discharges to waters of the state. surface runoff RECEIVE 201 I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NpC%aJ - M H D j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. I7 ITY RECEIVED NC <Form continues on back> DCM FEB 12 2016 252-808-2808 .. 1-888.4RCOAST .. v:-., w.nccoastaimanagement. net W& Form DCM MP-1 (Page 5 of 6) APPLICATION for Major Development Permit 6. Addition/ Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (1) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name jimmy pierce Phone No. Na 152 great oak dr. Hampstead NC 28443 Address Name james bonner Phone No. rda Address po box 7517 Wilmington NC 28406 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. 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 properly owneh k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. gthe project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. CerMlcadon and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. RECEIVED Date 01/05/16 Print Name Mark Clements MAR 14 2016 Signature t, Please indicate application attachments pertaining to your proposed project. RECEIVED ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM WILMINGTON, NC ❑DCM MP-3 Upland Development aB i 2 2C11' 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement. net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACIUMMARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or pier(s) d. (!)Are Finger Piers included? []Yes ®No (ii) Number If yes: (iii) Length existing (n) Number (iv) Width (iii) Length (v) Floating []Yes ®No (iv) Width (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes []No f. (i) Are Boatlifts included? ®Yes []No If yes: If yes: (ii) Number 1 — I (ii) Number (ill) Length 25' — /a, r 1 ///y,ea( (iii) Length existing (iv) Width 8' 41 (iv) Width (v) Floating ®Yes ❑No Note: Roofed areas are calculated from dnpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service, including travel lift and/or rail, repair or (ill Number of slips existing maintenance service 2 ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips') only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel ®Open water; no dredging required ❑Other, please describe: k. Typical boat length: 25' RECEIVED APR 2 5 20b f,,. nr vd, ^ICT )N, NC I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed I. (i) Will the facility be open to the general public? RECEIVED MAY 0 2 2016 �52•&a9.28Qa :; i-ii88.4hL`tifagr :: iv-=. v:.nrc a 4��r._rtey en;c_ s:� ., , '3` Form DCM MP-4 (Structures, Page 2 of 4) M m. (i) Will the facility have tie pilings? []Yes ONO (ii) If yes number of tie pilings? ❑Yes ONO 2. DOCKING FACILITY/MARIINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be inGuded in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge' signs proposed. (ii) Give the location and number Of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed or HiPCEI ED h Give the number of channel markers and "No Wake' signs proposed. MAR 1 4 20 jg i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? RECEIVED DCM WILMINGTON, NC 252.808.2808 :: 1-888.4RCOAST :: www.r ccoastalmanaaement.net revised: 12/27/06 0 Form DCM MP-4 (Structures, Page 3 of 4) I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marinaidocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marinaidocking facility proposed within or adjacent to coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB _ OWL ❑None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community RECEIVED (ii) Number (III) Length _ MAR 14 2016 (rv) Width Note: Roofed areas are calculated from dripline dimensions. DCM- C ^ IVI A MHD CITY 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number III) Length (III) Width 5. BREAKWATER (e.g., wood, sheelpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the stmcture(s): ❑Commercial ❑PublidGovemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, N present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: yvww.nccoasta_im_anagement.net f Cb r4rrft,1Vi2T06 M Form DCM MP-4 (Structures, Page 4 of 4) e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. N. 58.40 S. 32' N. 311' S. 95.90' Note: Forbuoy ormoonng piling, use arc of swing including length otvessel. c. Width of water body 654' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 2.5 nlw 8. OTHER ❑This section not applicable a. Give complete description. To install a 8'x25' floating dock to access the dock from the water. 1/6/16 Date Mike Riley Project Name mark elements Applicant Nam '�r Applicant Se ature RECEIVED MAR 14 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO 111 Y 2 Z016 252-808-2808 :: 1-888.4RCOAST :: www.nccoastatmanagement,net revised: 12127/06 VC0 �{o�o5ed ilea �b�4b �loa�c� �1 Ncr1� � MtKE 'Xilp-� J�n')� PiL�� RECEIVED MAY 0 2 2016 DCM- MHD CITY Mi-3_ i a' MxiC e- I t RECEIVED ApR 2 5 2015 DCM WILMINGTON, NC RECEIVED Sj Jb MAY 0 2 2016 DCM- MHD CITY s I r IOQ, gub• C C e Coastal Management ENVIRONMENTAL QUALITY April 25, 2016 MEMORANDUM TO: Local, State and Federal Review Agencies FROM: Jason D DCM - Wi mgton THRU: Debbie Wilson DCM — Wilmington PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director RE: Mike Riley — Pier construction project —154 Great Oaks Drive, Hampstead, Pender County CAMA Major Permit Application - AMENDMENT The subject field investigation report was circulated to your agency on March 9, 2016. According to information received by our office during the initial review, the applicant had requested authorization (under a CAMA major development permit application) to construct an 8' x 25' floating dock along the terminal end of the existing docking facility (extending from the northern . most corner of the existing platform). However, comments received from DCM's Fisheries Resource Specialist, indicate the location of the proposed floating dock would result in impacts to existing beds of submerged aquatic vegetation (SAV), therefore, resulting in an objection to permit issuance. Due to these likely impacts, DCM's Fisheries Resource Specialist suggested the project be re -designed to include the construction of a 4' x 12' fixed finger pier extension at the terminal end of the existing platform, which would then give way (via ramp) to a 6' x 16' section of floating dock. Under this extension and/or re -configuration, the permittee would gain approximately 2-3 inches of water around the corners of the floating dock, at normal low water (NLW), and would theoretically avoid any existing areas of SAV. In order to satisfy the concerns raised during review, the applicant's agent has submitted a revised drawing showing the design layout described above. At this time, this office has no objection(s) to the proposed changes in platform design/location. By copy of this memo, DCM is requesting that any comments provided by your agency be directed to Heather Coats of DCM's Wilmington Regional office within 15 days of receipt of this memo. Enclosures cc: Wilmington Files, MHC File, DCM, Liz Hair (COE), Joanne Steenhuis, DWR, Maria Dunn, WRC Nothing Compares? . RECEIVED MAY 0 2 2016 State of North Caroliaa I Enviromnental Quality I Coastal Management 127 Cardinal Drive En., Wilmington, NC 29405 910-796-7215 DCM- MHD CITY Mike Riley 154 Great Oak Drive Hampstead NC 28443 Revised Narrative 4/25/2016 Dear Committee, After an onsite meeting with the divisions of Coastal Management, Marine fisheries, NC Wildlife and the corps of Engineers. They expressed there concerns of aquatic vegetation close to the location of the proposed floating dock. There concerns of ingress and egress in this area was also a factor and changes were made to address these areas. We hope at this time we can move forward with our project. Sincerely, RECEIVED APR 2 5 2015 pCMF W%LMINGTON, NC RECEIVED MAY 0 2 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY March 9, 2016 Mike Riley 154 Great Oaks Drive Hampstead, NC 28443 Dear Mr. Riley: 4L PAT MCCRORY jowm ' DONALD R. VAN DER VAART Srrmw. BRAXTON DAVIS Amclor The Division of Coastal Management hereby acknowledges that on March 9, 2016, we received your completed application requesting State approval for the development of property located at 154 Great Oak Drive, in Hampstead, Pender County. The projected deadline for making a decision on your permit application is May 23, 2016. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 9, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. cerely, / anon Dad// field Representative cc: MHC file WiRO file Joanne Steenhuis, DWR Liz Hair, USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Driw En., Wilmington, NC 29405 919 796 7215 RECEIVED MAR 14 2016 DCM- MHD CITY v n n m n _m N / n m\ _ o \T(1'1'I(;17gA AMA PERMIT APPLIED FOR the AIWW, in Hampstead, Pender County. COMMENTS ACCEPTED THROUGH �p APPI ]CANT- FOR MOR Dr�ETAILS CONTACT Mike Riley 154 Great Oak Drive Hampstead, LAIC 28443 Agent: Mark Clements (910) 620.9110 25' J THE LOCAL PERMIT OFFICER BELOW: it NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Jason Dail, Field Representative 910-796-7424 Letter of agent I i have retained Mark Clements DBA, Clements Manne Construction Inc, to make pplication for any and all permits needed to start construction on the work requested for our property or properties. By allowing Mr. Clements to make such applications I do understand that this will in no way relieve me of any obligations to perform all work according to the building codes of North Carolina, CAMA, D WQ or any other state and or county ordinances. Print na Signature 9 in -(n c 1-�1 5 date Co Contact information RECEIVED MAR 14 DCM- RECEIVED DCM WILMINGTON, NC FEB 1 2 2016 Dail, Jason From: Dail, Jason Sent: Friday, February 12, 2016 1:33 PM To: mark Clements (clementsmarineco@bellsouth.net) Subject: Mike Riley CAMA Major application Mark, I will start processing this one, but I need the undelivered/unclaimed envelope that was sent to the neighbor under tracking order no. 7012 1640 0000 1119 4975. Our permitting staff cannot issue the permit until either the signed mail receipt has been received by DCM, or you provided the unopened envelopment that was sent and remains unclaimed. Let me know if you have any questions. Thanks, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7111, Fox:(910)395-3964 Jason. Doil@ncdenr. gov '''Nothing Compares -u E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. RECEIVED DCM WILMINGTON, NC ( L:o 12 �0i6 Page 1 of 2 ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space Derrnits. �am1�'J &-inct- 16 6oY %LS/% '4111kill l? *'e 'grwb X elo� �( 0 Agent ❑ Add.. lugheir/819i fa ab:U�No KLV Omer Service , rl ' questions? We're hero W help. 2ALFA.;W 0 9 2016 MAR 2016 -asy Tracking Updates , iy( "L unl AAIIj silt- up for My USPS. U. e V 0 Priority Mall Fa IIIIIIIII IIII 111111111111111111111111111111111 Sg PRaaMc dAdAd. atureeRestricted Delivery ❑ Regis ere�tl Malla0 9590 9403 0737 5196 1502 50 rifled Mail® ❑ Certified Mall Restricted Delivery Delivery ❑ Return Recelpt for ❑ Collect on. Delivery Merchandise o Ar li In N„mM ?mnafar fnm aerv/ce 1abe0 ❑ Collect on Delivery Resin rod Delivery 0 Signature Canfinnaaonra 12 1640 0000 1119 4975 ❑ Insured Mall ❑ Insured Mall Restarted Delivery ❑ Signature Confirmation Restricted Delivery over$500) PS Form 3811, April 2015 PEN 7530-02-000.9053 Domestic Return Receipt Product & Tracking Information Available Actions Postal Pwili Features: First -Claw Mall Certified Maim Return Receipt See tracking for related item: 9590940307375196150250 DATE 8 TIME January 25, 2016 , 10:10 am STATUS OF ITEM Available for Pickup LOCATION WILMINGTON, NC 28403 Your item arrived at the WILMINGTON, NC 28403 post office at 10:10 am on January 25, 2016 and is ready for pickup. January 24, 2016. 8:11 pm Departed USPS Facility January 21, 2018, 11:00 em Arrived at USPS Facility January 21, 2016 , 4:13 am Departed USPS Facility January 21, 201a , 1:53 am Arrived at USPS Facility January 20, 2010 , 2:43 pm Departed Post Office January 20, 2016, 2:20 pm Acceptance ■ 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 malipiece, or on the front if space permits. 1. Article Addressed to: J,ml� 'P�vrcrt- I ii G re'&p 0al< 19 r. II I IIIIII IIII III I I I I I I II III II III I I I III IIIII III 9590 9403 0737 5196 1502 43 2. Article Number (Transferfrom seNIM labeq ,2 1640 0000 1119 4968 FAYETTEVILLE, NC 28302 FAYETTEALLE, NC 25302 CHARLOTTE, NC 28228 CHARLOTTE, NC 28228 HAMPSTEAD, NC 28443 HAMPSTEAD, NC 28443 Text Updates Email Updates l tiJC LCLI iYV-10 COMPLETEDELiVERY ng Packages A. Signature Most a0arhlatem. IdAaent ee BWY \i'`-t X� ddressee ;ps, B. ace by (Punted Name) 10. Opts Pf Delivery D, Is delivery addressdifferamfromRem,? Yea RECEIVED It YES, enter delivery address below: ❑ No MAR 14 2016 DCM- Gwl HD CITY 3. Service Type ❑ Priority Mall Ecprewe RECEIVED ❑Adult signature • Adult Si nature Restricted Delivery ❑ Registered Mall'" ❑ Replastered Mall Restricted❑ DCM WILMINGTON, NC Maitre Certified Mall Restricted Delivery ❑ Collect on Delivery ., ,._„__ D [IRettui m Receipt for Merchandise [Ifim Signature Conartlan. F E� 1 2 2 016 on Delivery Rartlictatl silvery Mail ❑ Signature Confnnatlon Mall Restricted Delivery Restricted Delivery 00) PS Form 3811, April 2015 PSN 7530-02-OOD-9053 Domestic Raturn RecelPt : t28777=... 2/12/2016 kr- ��ll �ll�llllll(I �Iilll-1 ... ?.e. 2. O Refer to the Addendum which Is attached and Incorporated herein for additional Grantors. Trustee: NAVTBR o. ROOBas 4200 FALLS OF 11108E RD RA1,810111, W Meg Lender: NORTH STATC BANR loll COM W WMLTH DR N]WtNOTON, HC 26401 2. Conveyance. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (hereafter defined), Grantor Irrevocably grants, Conveys and sells to Trustee, in trust for the benefit of the Lander, with power of @ale, the following described property: 'SER RKNIBIT W ATTACHED HCRSTO AND INCORPORATBO HBRBIN BY RBFaRENCS. The properly is located in PENDER (County) 81 OT 1 OREAT OAR DRIV8 (Address) HAIPSTIAD North Carolina 2ele1-0000 Icily) Rip Code) Together with all rights, @elements, appurtenances, royehies, mineral rights, oil en Bea rights, crops, timber, all diversion payments or third party payments mad@ to crop producers, and all existing and future Improvements, structures, fixtures, end replacements that may now, or at an Y time In the future, be pert of the real estate described above (ell referred to as Property'(. The term Property also includes, but Is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites end dams totaled on the reel estate and all riparian and water rights associated with the Properly, however established. 3. Maximum Obligation Limit. The total principal amount of the Secured Debt (hereafter delinedl secured by this Dead of Trust at any am time shall not exceed { one, eoo.ae . This limitation of amount does not Include Interest, Security Innrument-Commeteisl/AWicuhureLNC AGCO•RESI-NC 10/1/2009 VMPV Bankers Systems- VMPC6961NC) (08121.00 Wolters Kluwer Financial Services o 1993, 2009 page 2 of 17 `�� � , k RECEIVED MAR 14 201� DCM- r, RECEIVED DCM WILMINGTON, NC FEB 12 2016 ~- 1J(llClljll!11111 J 1111111111J �31 P8199 ..' t'. Real Estate Deed of Trust (With Future Advance Clause) This Instrument was prepared by (name, address): NORTH STATE BANK 1411 MWOHNSALTH DR NILMINGTON, NC 2ee0) When recorded return to (name, address): NORTH STATE RANK loll COMMORNIALTN DR RILNINOYON, NC 20403 Name of Mortgage Broker: 1. Date end Part(as. The data of this Dead of Trust Is SEPTIMORN 22, 2011 The parties and their addresses are: Grantor: WILLIM RILEY DELORES L RILEY Nifeen0 234 SROCKNAY ROAD NILMIRGTON NC 21e11 Security Insitw nt-Com ,clef/AgdtultuN-NC AGCO RESLNC 10/1/2009 VMPO Bankers Systems'• VMPC595(NCI WS 121.00 Wolter& Kluwer Flnencial SOrvlCae a 1093, 2009 Peas 1 0f 17 P" U .009 .— A A"Od M / k% RECEIVED MAR 14 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC Letter of agent I have retained Mark Clements DBA, Clements Manne Construction Inc, to make p,licalion for any and all permits needed to start construction on the work requested for our property or properties. BY allowing Mr. Clements to make such applications I do understand that this will in no way relieve me of any obligations to perform all work according to the building codes of North Carolina, CAMA, D WQ or any other state and or county ordinances. Print n Signature ((rr _ q(� t� �1 'Q 13 � date 1 �� ' � (r> Contact information CAMA / ❑ DREDGE;&'FILL '.'.':'. ENERAL PERMIT i; i,New ❑Modification ",Ar-omplete Reissue Previous permit# ❑Partial Reissue Date previous permit issued —�— As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC'h�'`] _ Applicant Name_ ❑Rulesattached. _ Project Location: County R6 No1,5 Z,,, Address Street Address/ State Road/ Lot #(s) City State t ZIP Phone # ( Fax # - —_ Subdivision ' Authorized Agent_ _,.�, _._..._ City f7✓`)t;:;I1.'''j9'L) ZIP Affected '- Cw i5 Ew PTA f5 �-j PTS Phone # ( ) " River Basin 'r ❑OEA ❑HHF ❑IH ❑UBA ❑WA AEC(s): ff s - Adj. Wtr. Body 1 OLf%L���1 %/ 'it fvinat an /unkn) ❑ PV/5: ❑FC: � ORW: yes / no PPIA yes..'..' Crit.Hab. - �r �— Closest Ma' Wtr. Bo !i�1?5AII 4 G11/A/t yeso I' Type of Project/ Activity Pier (dock) Finger pier(s) /I, Groin length number Bulkhead/ fNptapT avg distance, max distance Basin, channel Boa[ ramp r ent or Applicant Pi i ame tsicale:1'f > —�.�----�fa ��r.� Jal�al♦�YIY(cj11 t�\�■fi■�■■■■■■■■■■ ■■■,■■r■■r,■■■■-■■■■■■-E`a�EEE��ws■■■■ w������■■■■■t■■�■■■■■[�■■ii!\■\■iliilir■■■ . iirl�■■■■ri(�i`�l■L:1��'i1tt11�Irsl''■■■■f!■■��Y■■■u1S■■i i ;ignature ,. �` Please read compliance statementon back of permit" ,pplicapi Fefsk) Permrc Officer's Signature Issuing Date Expl!ation Date Local Planning]urisdicnon Rover "rile Name Coastal Management ENVIRONMENTAL QUALITY March 10, 2016 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for Mike Riley / Pender County PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Kyle & Heather: Please publish the attached Notice in the Saturday, March 12, 2016 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Luke Skiera, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. rK4 Heather Coats - WiRO Doug Huggett -MHC Liz Hair — USACE Joanne Steenhuis -DWR Michele Walker- DCM Sincerely, a�pson Permitting Support & Customer Assistance Nothing Compares RECEIVED MAR 14 2016 DCM- KIND CITY State of North Carolina I Eaviroomental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 ou 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 March 9, 2016, Mike Riley proposed to expand an existing docking facility at 154 Great oak Dr., adjacent to the AIWW, in Hampstead, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 2, 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. RECEIVE MAR 14 2016 Nothing Compares_ DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive EM., Wilmington, NC 29405 910-7%-7215 %V„ PAVE Sie Sie r pear Cti �� Sub PIAP C o lc RECEIVED MAR 14 2016 ITY RECEIVED DCM WILMINGTON, NC 1 2 2016 lk wi& i 3F-R-1e J m ly pif r- RECEIVE® MAR 14 2016 A � �oir� OS Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PublictGovemment ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ONO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ONO (ii) Number If yes: (iii) Length existing (ii) Number (iv) Width (iii) Length (v) Floating ❑Yes ONO (iv) Width (v) Floating ❑Yes ONO e. (i) Are Platforms included? ®Yes ❑No f. (i) Are BoatlAs included? ®Yes ANo If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 25' (iii) Length existing (iv) Width 8' (iv) Width (v) Floating ®Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 2 ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: 1. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel mixed RECEIVED ®Open water; no dredging required ❑Other; please describe: MAR 14 2016 DCM- MHD CITY k. Typical boat length: 25' I. (i) Will the facility be open to the general public? 1 RECEIVED DCM WILMINGTON, NC VV i 2016 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaImanagement.net revised: 12/27/06 _VZ MAJOR PERMIT FEE SCHEDULE \P' Mike Riley / Pender / $250 #4024 DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any 1($250) wetlands or open water areas: 100% $250 0% $0 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 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. 90 (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 a uatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or of more than one acre of wetlands Mtion o en water areas: $475 60% $285 40% $190 RECEIVED MAR 14 2016 DC�,,1- ! °fie � j7Y DAR CANA Daily check Log for WIRO Deb 1/1512016 1/152016 ReceiveddSouthem Data Deposhe Check From, (Name) Clements Manne Construction Inc Backwaer Marine Construction Inc Name of Permit Hokbr Wiliam Adams Irene Hoffman Vendor First Citizens Bank BB 8T Check Number 4002 2231 Check amount 5400.00 $200.00 permit Number/comments GP 66199D GP 66265D Receipt or RalwrdiReallocated JD rct 4002D SF mt 1604D 1/16/2016 111912016Allied Marine Contractors LLC Russel and Cynthia Davis B of A 8092 *200.00 GP 54728D SF rot. 1603D 120=16 Kathi and Steven Todd same Wale Fargo 6917 $400.00 major fee, 421 6th Street, SB, BrCo HS rct 1509D 120=16 uthem Coast marketing LLC Surf City Crab, INC Coming Federal Credit Unkm 1MB $100.00 mod fee, MP 108-14 JD ML 1569D 1202016 Amend and Phyllis Daniel Ben Barker (Holmes, Sherrill, Miller, Griffin) TO Bank Sul $100.00 nnewei fee, MP 1 �RM rot 1457D 1202018 Pippin Manne Construction LLC David and Suzanne Price Wells Fargo 3634 $200.00 GP 66266D RM rct 1458D 1212016 1212016 Land Management Group Inc Steve Malone First Bank 48275 $100.00 mod lee, MP 37-07 RM not 1459D 1212018 1222016 F and S Marina Contractors Inc Robert Gibbons PNC Bank 5117 $100.50 renewal lee, MP 7 L I RM not. 1460D 122/2016 1222016 MONTCO Charles Tilson Woodforest National Bank 2117 $400.00 GP 66251 D -r- HS not. 15110 1/=016 1222016 JRW/RDW Inc Ron Sinclair First Bank 1140 $200.00 GP 66250D HS rct 1510D 122/2016 1222018 F end S Manne ContractorsInc Joel Killion PNC Bank ails $250.00 major fee, 250 RM nct. 1461D 1222016 1/27/2016 Monsoon LLC Mantech, LLC B ofA 2198 $400.00 GP 56252D HS rol. 1512D ict 125/2016 1272016 Atlantic Coast Industrial, LLC same BB 8T 7568 $200.00 GP 66278D SF 1515D SF 125/2016 1272018 Aqua North Carolina Inc same BB 8T 1882 E400.00 GP 88279D roll 160W 1252018 1272018 Stephen and Rebecca Creger same Find Citizens Bank 5098 5200.00 GP 66276D JD ML 1571D 1272016 1272016 John and Janet Brogan same BB 8T 1054 $200.00 GP 662040 JD rot 1166D 127/2016 1272016 W.J. and Carolyn Knowles (via Pat Android) same Southern Bank 8554 $400.00 GP 86203D JO mt 11660 11772016 1272016 Logan Marine LLC Crockery Lending Assada0on Inc. Coming Federal Credit Union 1240 $200.00 GP 662WD RM rQ 1483D 1272016 1272016 Lighthouse Manne Construction Inc Gordon Maxwell 8 of A 6729 $600.00 GP 68205D JD rd 1167D 1/292018 129/2016 Clements Marine Construction Inc Rosario Cappello Find Citizens Bank 4005 $400.00 GP 66277D JD not. 1572D 1292016 1292016 Backwater Manne Construction Inc Jim and Nancy Yeager BB 8T 2181 $400.00 GP 66270D HIS rot 1516D 129=16 1292016 Richardson Construction Alson "Butch" Sheffield BB 8T SM $800.00 GP 68268D 00 HS ret 1514D Tom Eamhardt GP 68267D CUM HS rct 1513D 1292016 1292016 Milligans Docks 8 BulkheadslJoseph 6 Len Milligan Paula Win NewBndge Bank 6255 $200.00 GP 66269D HS rcL 15150 2W2016 2/42018 Charles Riggs 8 Assoc Jerrold Sehua Citlmns Bank 14394 $100.00 minor fee, 502 S. Short Drive, SC PN JO rcl. 1573D 2/42016 2/42016 TI Coastal Services, Inc. Chris Gibson for Ted Kaniuka Coming Federal Cradle Union 739 E400.00 GP 66285D JD Mt. 1674D 2/5/2016 2/5/2016 2/5/2016 2/52016 2/52016 &52016 Mike ConaWCoastal Manne Construction Inc Peter Muelor/Lany Naylor Farms Inc. Daniel Shirty/CverbwA Marine Construction Inc Bryan Baeen Laity Naylor Joe Green First Banc Southern Bank SunTmal 10093 2454 4671 $600.00 $600.00 E250.00 GP 68288D GP 56118D major fee, 401 N. Lumina Ave, WB NHCo 2152016 2152016 2152018 2/5I2018 Robbie MerganlBOKF Money Order Ronald Boyd(R 8 B Enterprises Inc Emily Kelly Ronald Boyd BOKF, NA BB 8T R201i357391141 7089 E200.00 E700.00 GP 66208D minor fee, 224 Simmons Rd Wilm PN 2/52016 2/52016 2/5/2016 2/52016 IMark Schmidt/Schmidt Custom Builders Kenny Volrath/Future Homes Ent. Inc Robert Park 8 Susan Hasfinp Larry Noma BB 8T BB 8T 3417 35936 $100.00 E700.00 minor fee, Lot 21 The PeninuW SC PN minor fa, 1053 Fast St, SC One 2/52016 2/52016 2152016 2/52016 Mark Clements/Clements Marine Construction Mark Clemens/Clements Manne Construction Mark Ackerman Kevin Smith First Citizens Bank First Citizens Bank 4014 4019 $200.00 $200.00 GP 86293D GP 88292D 2/612016 2/9/2016 2/82016 2I82016 Henry Paula Randy Mosby/Alied Marine Cordncdors LLC same Kevin Seems Walk Fargo B of A 8118 8151 $250.00 $1.000.00 major fee, 701 W. Nassau, Hampstead PN GP 66287D Q$200 Bryant- ngfield GP M286D 9$200 Chris 8ouklin GP 66281 D @$600 2/82018 2/112016 Ekzabs6t Hemme/H' h rides II Inc Robert Hendrix 8 of A 2173 $200.00 GP 66295D JO rat 17310 2M=16 2/11/2018 Julle 8 Frank She on/Sherron 8 Assoc. Real Estate same BB 8T 1300 5100.00 minor fee, 406 En Lane, TB PN JD rot. 1732D 2(112016 2/112016 Taylor Boone/Palmetto Manne Construction Inc. Jane W. Wilson Find Palmetto Savings Bank 2830 $200.00 GP 66284D HS ml. 1517D 2fl12018 David Edmonds/Coastal Constr. 8 ConsultingLLC Robert Huckabse III, VR Properees LLC PNC Bank 5101 $600.00 GP 65006D Q$400 nissue RM rot 1466 Robert Hudubee III, VR Properties LLC GP 65006D �E200 reissue 2H2/2018 Charles Riggs/Charbs Riggs 8 Assoc. Richard 8 Linde Baker Flnt Citizens Bank 1440E $100.00 NTB 16-06, Ons. JD ML 1733D 2/122016 Mark Clements/Clemente Marine Construction Mike Racy Find Citizens Bank 4024 $250.00 major fee, 164 Great Oak Dr., Hampstead PN JD not 1734D