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HomeMy WebLinkAbout76-16 Risley, Dellaine_.................__�_�m_....-m,..-..,-�.-......-,.� Permit N mbe�r Permit Class NEW 76-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ���IYiYit 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 Dellaine Risley, 2010 Deep Creek Run, Wilmington NC 28411 Authorizing development in New Hanover County at adjacent to Middle Sound and the AIWW near Wilmington as requested in the permittee's application dated 4/4/16, including attached drawings (2),' 1-2 of 2 dated 4/1/16. This' peimit, issued on July 6, 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 the construction of the access pier, covered platform, finger piers, and boatlift, and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. This permit must be accessible on -site to Department Personnel when the project is inspected for compliance. Any maintenance work or project modification not covered "hereunder requires 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. Braxton C.l avis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Y , .Deflame Risley Permit No. 76-16 i Page 2 of 3 5 ADDITIONAL CONDITIONS 3) This permit authorizes four (4) new formalized boat slips within Middle Sound in addition to the four e (4) existing slips along the applicant's shoreline. i° The pier, covered platform, 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, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6)": The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structures in order to make it more visible during hours of darkness or i inclement weather. r - k 7) 'No attempt shall be made by the permittee to prevent the full and P free use by the public of all navigable E x waters at or adjacent to the authorized work. 8) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee _> walls are permitted. Lattice is specifically excluded from being used under this authorization. 9): ' The roof of the covered platform shall not be designed for second story use. General K 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 11-) 'No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. t3): This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 13) 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 by way of General Permit 19800056 and assigned SAW 2016-01194. .'. lellain, 4. NOTE: ]-,"NOTE: NOTE: a: s as - iip t P a r r Risley ADDITIONAL CONDITIONS Permit No. 76-16 Page 3 of 3 The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 20160492. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. An application processing fee of $250 was received by DCM for this project. . Cf RECEIVED 2 --- __ APR ✓1 4 20M I -- I - - RECEIVED-, RECEIVEp DCM WILMINGTON, NC MAY 12 2016 APR 14 2016 DCM_ n., .._,%A1y I ®c� air-' APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Applicant 1: First Name MI Last Name / Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional pages) with names listed. ` Mailing Address 0 0 � 2u^-> PO Box City lip%.44 N ��0 / State fu CZIP a?C-l;/ tuntry Phone No. FAX No. glq -�Y/- aCGoext. Street Address (d different from above) city State ZIP Email 2. Agent/Contractor Information Business Name n &1^1I N t�O Ns Iue` Ilio /-J Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor Y First Name MI Last Name Mailing Address rD 3; PO Box City lamb-1, N w State C ZIP "d � Phone No. 1 q/ O a3l - 8 /'( ext. Phone No. 2 ext. FAX No. Contractor # Street Address (d different from above) City State ZIP Email r1 DCM WILMINGTON, NC <Form continues on bael®CM- MHD CITY APR 14 2016 252-808-2808 .. 1-888.4RCOAST .. www. nccoasta[management. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit t� 3. Project Location County (can be multiple) ga..'�aJe-/- Street Address Greer State Rd. N VD C:.:..7 9-0 Dee-P Subdivision Name City State Zip Phone No. Lot No.(s) (r1 many, attach additional page with list) q14 - 9I i - pGO ext. I I I , a. In which NC river basin is the project located? ep �rG / b. Name of body of water nearest to proposed project 4 / IA/V e- \/_ c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Matwal ❑Manmade ❑Unknown e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed b4Yes [4No work falls within. U e.J qn. &Ot 4. Site Description,: a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 62110' Oka. acres c. Size of individual lot(s) A q d. Approximate elevation of tract above NHW (normal high water) or t j NWL (normal water level) IC)' (if many lot sizes, please attach additional page with a list) $NHW or ❑NWL e. Vegetation on tract I� 10'DCjSCQPeo/ yard" O&L \Gee $ Hovsl crass I. Man-made features and uses now on tract House bvl(c(,eaoi� X'locck t; J5 cke"(c 'u ra,-y- reSi�e �(:u use3� c�oc% boa`F 44cft;�, ,,q RECEIVED g. Identify and describe the existing land uses adqacent to the proposed project site. t MAY 13 2016 resideSi DCM- MHD CI h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? IN s i LJC� e (Attach zoning compliance certificate, it applicable) ayes ❑No ❑NA I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNIo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes JXNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No NNA National Register listed or eligible property? RECEIVED <Form continues on next page> DCM WILMINGTON, NC APR 14 2016 252-808-2808 :. 1-888-4RCOAST :: vvww.necoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for / Major Development Permit m. (i) Are there wetlands on the site? JSYes ❑No (ii) Are there coastal wetlands on the site? OYes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes jallo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. sirap(11c NaNlc o. Describe existing drinking water supply source.. we It p. Describe existing storm water management or treatment systems. su^`face rc' 044 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government Ij— ,3a le. ❑Private/Community b. Give a /brief description of purpose, use, and daily operations of the project nn// when complete. / t✓/ '� C.rke Ipi Pr (1i 0 be (t.5o pr "10 moor 1i00'1s a--//i1$L" '5 o`T 0+'rl �.. L;�'f c4r, It toe "S e0f q0 '59or ealdon''f sA'poly. 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. '^/ / // �j 1l1NS rl5 C-.7 f( toe C-s-c/ Y1rf�/ O SP� e (]. (iNSS QN�e��QNd �ao IS No Cos`'rWl. NuC� e J,c�. e d. List all development activities you propose. q [�� L PC'F I7tei' / �lo arii.us C. �cs d� lo0c.�! L�7x. e. Are the proposed activities maintenance of an existing project, new work, or both? to eaJ uJor!L f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres Noa e g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes J20o ❑NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. S��a�e ruNo�f RECEIVED MAY 13 2016 I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ;fo [INA � � If yes, will this discharged water be of the same salinity as the receiving water? [--]Yes ❑Nc b9— M H D C IT j. Is there any mitigation proposed? ❑Yes MNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> HECEIVED DCM WILMINGTON, NC APR 1 4 2016 252.808-2808 .. 1-888-4RCOA3T .. www.nccoastaImanagement. not Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (9 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below.. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name lq l iz-N - ) - /'�/�PhoneNo. Address '.C) J by r�J l.Fe 4..j`u,•> . LJ� �t�i`,o V o.., iJ C V 8yB' Name r.Y' C,_%l/vr 0 2 I? v � � � 0% Ll7c �� Crec w-, Phone No. Address I �rool�ly,.>�11J�i f�23P 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 forth, if applicable. I. Welland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of ,my' knowledge. Date `��tl//G Print NameLhrhN /moo rT� j��% Signature L- RECEIVED � "-� MAY 13 2016 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts DCM- M H D CITY ❑DCM MP-3 Upland Development 60CM MP-4 Structures Information j-j L C E I V E D DCM WILMINGTON, NC APR 1 4 2016 252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net I 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 ❑PublicIGovernment Ktrivate/Community [I This section not applicable b. (i) Will the facility be open to the general public? []Yes alo c. (i) Dock(s) and/or pier(s) i ( i. A,5) d. (i) Are Finger Piers included? Yes QNo (ii) Number / ;_ If yes: (iii) Length ,2 0 / `y,a' - (ii) Number (iv) Width 6 � � (iii) Length 2 (v) Floating j9Yes J�3No (iv) Width & (v) Floating Wyes ❑No e. (i) Are Platforms included? (Yes ❑No f. (i) Are Boatlifts included? MYes ❑No If yes: If yes: III) Number _L (ii) Number (iii) Length aJ r (III) Length 13 (iv) Width V 0 � (iv) Width —Ltl!L� (v) Floating ❑Yes C�§No Note: Roofed areas are calculated from ddpline dimensions. _ g. (i) Number of slips proposed h. Check all the types of services to be provided. 41 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service i / —L ❑ 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: A- BP%viC "S I. Check the proposed type of siting: j. 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 ff0pen water; no dredging required ❑Other, please describe: RECEIVED MAY 13 2016 k. Typical boat length: G I. (i) Will the facility be open to the generADM- M H D CITY []Yes XNO m. (i) Will the facility have tie pilings? Yes ❑No I )ECEIVED (ii) If yes number of tie pilings? ; 1, WII_MINGTON, NC -2 APR 1 4 2016 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS 07Vs sectldn not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: J V d ❑ 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. 10 /4 g. Where will residue from vessel maintenance be disposed of? �J/4 h. Give the number of channel markers and "No Wake" signs proposed. 0 /r L 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? N/4 14 k. Describe design measures that promote boat basin gushing? !vim MAY 13 2016 I. If this project is an expansion of an existing marina, what types of services are currently provided? DCM - M H D CITY m. Is the marina/dockingfacility proposed within a rime or seconds nurse area? typ p primary secondary nursery ')CM WILMINGTON, NC kyes ONO APR 14 2016 252-808.2808 :: 1-888-4RCOAST :: www,ncsaa-stalmanagement net revised: 12/27/06 Fbrm DCM MP-4 (structures, Page 3 of 4) V7 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting areal MYes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (Sl or other wetlands (WL)1 If any boxes are checked, provide the number of square feet affected. WW ljarOSAV ❑SB _ OWL _ ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes D No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE Cineluding'covered lifts) - JgThis section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4, GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) gThis section not applicable a. (i) Number (ii) Length (m) Width 5. BREAKWATER (e.g., wood, sheeipile, etc.) 2$ -his section not applicable a. Length b. Average distance from NHW, NWL, orwetlands c. Maximum distance beyond NHW, NWL orwetands 6. MOORING PILINGS and BUOYS 07his section not applicable a. Is the structure(s)� ❑Commercial ❑Public/Government ❑Private/Community a Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) MAY 13 2016 DCM- MHD.CITY ECEIVED DCM WILMINGTON, NC APR 1 4 2016 252-808.2808:: 1-888.4RCOAST:: wvvw.necoastatnvanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) Z a. Proximity of structure(s) to adjacent riparian property lines >i5 Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body &-Sq, e. (i) Will navigational aids be required as a result of the project? ❑Yes 1�6 ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. >.2.So / d. YL Water o2 /�depth at waterward end of structure at NLW or NWL / 8. OTHER ❑This section not applicable a. Give complete description: Date / I Project Name - Applicant Name Applicant Signs e RECEIVED MAY 13 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC APR 14 2016 252-808-2808 :: 1-888.4RCOAST :: www.n_c_coastatman2gemen4. net revised: 12/27/06 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Dellaine Risley c/o Jimmy North 2. LOCATION OF PROJECT SITE: 2010 Deep Creek Run, adjacent to Middle Sound and the AIWW, near the City of Wilmington, New Hanover County. Photo Index - 2006: 22-7428: M-N, 20 2000: 22-277: M-N, 20 1995: 22-259: M-N, 9 State Plane Coordinates - X: 2370807 Y: 188796 Lat:34°15'44.61"N Long:77°46'21.96"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 05/04/16 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 04/21/16 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City Of Wilmington / New Hanover County 2006 Land Classification From LUP — Residential (B) AEC(s) Involved: CW (shading), EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned - None (F) Type of Structures: Existing — Single-family residence, timber bulkhead, floating docks Planned — New docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Shading) 720 sq. ft. (B) Non -Vegetated Wetlands 2,505 sq. ft. Open Water incorporated (C) Other uplands (D) Total Area Disturbed: 3,225 square feet (0.074 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct a new private docking facility within Middle Sound and adjacent to the AIWW. RECEIVED MAY 13 2016 DC"- MHD CITY C� Dellaine Risley Page Two 9. PROJECT DESCRIPTION The project site is located at 2010 Deep Creek Run adjacent to Middle Sound, near the City of Wilmington, New Hanover County. The project site can be located from NC HWY 17 (Market Street) by traveling north on Market Street to Middle Sound Loop Road. Turn right onto Middle Sound Loop Road and proceed through the travel circle at Ogden Elementary and continue to travel north approximately 1.8 miles until you reach Mason Landing Road. Turn left onto Mason Landing Road until you reach Deep Creek Run, which will be located on the right. Turn right onto Deep Creek Run until you right the property of interest. The project site is approximately 4.5 acres in size with approximately 220 feet of shoreline, which the applicant currently maintains a single-family residence. The adjacent properties to the north and south are both residential home sites. The highground is vegetated primarily with maintained lawn grass and ornamental landscaping. The elevation of the high ground area of the property averages approximately 10 feet above normal high water (NHW). The property borders a small shared access channel, measuring approximately 60 feet across which connects to the AIWW. Located between this channel and Middle Sound/AIWW is a band of Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina altemiflora), which measures approximately 200 feet in width. This portion along the access channel adjacent to the applicant's shoreline is stabilized by a timber bulkhead, measuring approximately 170 linear feet. An access ramp extends from the bulkhead near the terminal end of the access channel onto existing floating docks, measuring approximately 50 feet in length and ranging in width from 6 feet to 8 feet. The floating docks are oriented parallel to the bulkhead and the application states accommodate up to four (4) vessels. The southern portion of the applicant's highground property exhibits a peninsula, which extends towards the east approximately 190 feet in length by 50 feet in width. It appears this area of highground may have been created by disposal of the excavated material when the access channel to the AIWW was constructed. The AIWW is approximately 634 feet in width at this location. The highground of this portion of the property is maintained grass and slopes from the high ground to a transitional area near the peninsula supports §404 and coastal wetlands, in an area approximately 100' in width to the AIWW. From, the highground, the vegetation then transitions to occasional shrubs, Marsh Elder (Iva frutescens), Grounsel Bush (Baccharus halimifolia) and Wax Myrtle (Myrica cerifera) along the marsh's interface. This area of marsh consists primarily of Smooth Cordgrass (Spartina altemiflora), Spike Grass (Distichlis spicata), Sea Lavender (Limonium, spp.), Saltwort (Salicomia, spp.), Sea Oxeye (Bonichia frutescens), and Salt Meadow Grass (Spartina patens). The presence of submerged aquatic vegetation (SAV) and/or oyster beds were not observed during a 05/04/16 on -site meeting. The current City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The waters of Middle Sound/AIWW are classified SA-ORW by the Division of Water Resources and ain'm1117VI&MVEeDs a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. MAY 13 2016 PROPOSED PROJECT: IDCM- YaJD CST The applicant proposes to construct a new private docking facility within Middle Sound an a jacent tot e AIWW. A new access pier, measuring approximately 220 feet in length by 6 feet in width would extend towards the east from the southern portion of the property into Middle Sound. The pier would terminate into a covered platform, measuring approximately 20 feet in length by 20 feet in width. An access ramp would then lead onto a floating dock, measuring approximately 42 feet in length by 8 feet in width, which would run parallel to the shoreline and AIWW. Two (2) floating finger piers, each measuring approximately 22 feet in length by 6 feet in width would extend from each end of the main floating dock, creating a "U-shaped" configuration. A boatlift, measuring approximately 13 feet in length by 14 feet in width would be installed on the most southern end of the floating dock system. Dellxine Risley Page Three The application states that two (2) tie pilings would be installed on the most northern end of the floating dock system to accommodate up to four (4) vessels at this new docking facility. The applicant states that water depths in the location of the proposed docking facility range from approximately -2 feet to -2.5 feet at Normal Low Water (NLW). The proposed docking facility appears to be located >50 feet from the federal channel setback in this area of the AIWW. As proposed the docking facility would have a total length of approximately 280 feet and would extend approximately 158 feet into the open water body. The applicatioin states the access pier would be elevated 3 feet above the coastal wetlands substrate. The proposed docking facility would conform to the % distance limitation and would maintain the 15-foot riparian corridor setback requirement from both the adjacent properties. 10. ANTICIPATED IMPACTS As proposed, the docking facility would result in the incorporation of approximately 2,505 square feet of Estuarine Waters and Public Trust Areas, of which would be shading of approximately 720 square feet of Coastal Wetlands. In addition to the existing four slip docking facility within the access channel, the proposed docking facility would provide mooring for four (4) vessels within water depths ranging from approximately -2 feet to -2.5 feet at NLW. In total, the facility would provide mooring for 8 eight vessels at the applicant's property. The proposed docking facility would not encroach into either adjacent riparian property owner 15-foot setback requirements. As proposed, it appears the docking facilitywould not exceed the 1/4 width distance of the water body limitation, nor encroach into the federal channel setback. Minor increases in turbidity should be expected during construction. RECEIVED MAY 13 2016 DCM- MHD CITY Submitted by Robb Mairs Date. 5/10/2016 Office: Wilmington DCM Coordinator: Slx�ALi Permit #: MAILING DISTRIBUTION SHEET t i� DCM Field Offices Wi9vt5vi Up- WJ L i LAO ovx NG 2g yo3 Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Ctumblelf Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Heide Cox (WIRO) Joey White (WARD) DCM/ Shane Stales Fisheries Specialist f Gregg Bodnar NC DOT: I Ben Hughes u , I Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Resources: Ka q Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis - 401 Chad Coburn - 401 DEMLR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee Agent #:_ DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD Cy 'U,(Lk 1) APPLICANT: Dellaine Risley COUNTY: New Hanover PROJECT NAME: Risley Private Docking Facility LOCATION OF PROJECT: 2010 Deep Creek Run, adjacent to Middle Sound and the AIWW, near the City of Wilmington, New Hanover CounA, DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-21-16 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Robb n DISTRICT MANAGER REVIEW: IA` w B) DATE RECEIVED BY MAJOR PE S UNIT: PUBLIC NOTICE REC'D: 5-13-16 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: 5-11-16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WHMINGTON FEE RECD: $2501 #3613 END OF NOTICE DATE: 6-3-16 DEED R�EC}'D: ON: �Tlle1 150 DAY DEADLINE: STATE DUE DATE: 6-3-16 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative of ! te X , Coastal Management - LUP Consistency / X Division of Community Assistance S x M o�Qch �Yl Land Quality Section (DEMLR) rya LmL ht z-�" Division of Water Resources (401) } DKA2— —20 (U W cQ' &`` l Storm Water Management (DEMLR) 5 p obiateEllmn State Property Office e l Division of Archives & History 3 2016 Division of Environmental Health % /� Division of Highways Wildlife Resources Commission Local Permit Office l �( Division of Marine Fisheries / DCM rj 3 K 0 (Dm vyt.y.1/t} Corps of Engineers (.0 - 0 tq � 1 Lim VNS s12,011te x VA-/0 U-1b)e/cr'V, Recommendations for State Permit — Dellaine Risley 05110/16 The total area for the docking facility was calculated as follows: Shoreline length = 220 ft. x 8 sq. ft. = 1,760 sq. ft. allowable. Existing floating docks = 8 feet x 30 feet and 6 feet x 24 feet = 384 square feet Fixed platform = 20 feet x 20 feet = 280 square feet (120 sq. ft. credit applied for access) Proposed floating docks = 8 feet x 42 feet, (2x) 22 feet x 6 feet= 600 square feet Total = 1,264 square feet The proposed docking facility would accommodate four (4) vessels at this location. It appears the landward side of the floating dock system could accommodate an additional vessel; however, the application did not indicate this location as formalized slip. Anchor pilings are proposed on the landward side of the floating dock system potentially limiting the ability to moor a vessel in this location. In total the existing and proposed facilities would provide mooring for 8 eight vessels at the applicant's property. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule, the eight square foot rule and would not encroach into the 15-foot adjacent riparian corridor setback requirements. The proposed docking structures would be located entirely over open water. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. Any permit issued should include standard permit conditions form private docking facilities. RECEIVED MAY 13 2016 DCM- MHD CITY I MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, —Dellaine Risley, New Hanover County Date: June 27, 2016 This project is consistent and not in conflict with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. The applicant is proposing to construct a new private docking facility within Middle Sound. The project is located at 2010 Deep Creek Run, adjacent to Middle Sound and the AI W W in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are CW, EW and PTA. 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 2006 Wilmington -New Hanover County Joint Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection. . In general, Wilmington -New Hanover County allows development in Resource Protection classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards, including those policies related to new dredging activities. Since this project is maintenance dredging and not new dredging, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the 200 Wilmington -New Hanover County Joint Land Use Plan. Cc: File PAT MCCRORY Governor r,a Coastal Management ENVIRONMENTAL QUALITY May 11, 2016 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dimclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsan-ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Dellaine Risley Project Location: 2010 Deep Creek Run, adjacent to Middle Sound/AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct a new 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 June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: SIGNED 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. I'`(/✓VV' �!� �/ DATE Nothing Compares�- 5-14, I ( e Received MAY 16 7016 Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ear, Wilmington, NC 28405 910-796-7215 DCM C5 ra Coastal Management ENVIRONMENTAL QUALITY May 11, 2016 MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO PAT MCCRORY Governor DONALD R. VAN DER VAART Secminry BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsal7ncdenr.00v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Dellaine Risley Project Location: 2010 Deep Creek Run, adjacent to Middle Sound /AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct anew 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 June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. �. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE VE DCM WILMINGTr'PA NO MAY 16 2016 Nothing Compares�- State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dore Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY. May 11, 2016 MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR-WiRO / NH Co. PAT MCCRORY &MMOr DONALD R. VAN DER VAART Seo ary BRAXTON DAVIS Director RECEIVED/NCDENROR MAY 112016 Water Quality Regional Operations Section Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(ftcdenr.00v Fax:395-3964 VCourier 4&33J SUBJECT: CAMA Application Review Applicant: Dellalne Risley Project Location: 2010 Deep Creek Run, adjacent to Middle Sound /AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct anew private docking facility Please indicate belowyour agency's position or viewpoint on the proposed project and �natum this form to Heather Coa s at the address above by June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments.with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED mlot. id �' �--..... DATE 0613//4 -5�>^Nothing Compares State of North CazMioa I Envuonmaitxl Qualib I Coastal Manape 127 Cad'uwl Drive Ext., Wilmington, NC 28405 91&796.n)5 PAT MCCRORY Govemor (,S Coastal Management ENVIRONMENTAL QUALITY May 11, 2016 MEMORANDUM: TO: F M: SUBJECT: Applicant: DONALD R. VAN DER VAART Secremry BRAXTON DAVIS Uirrclor ECEIVE MAY 1 1 2016 Georgette Scott Stormwater Section DEMLR - WiRO C I_,:1- kjcl''AeS kleathepGoats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrgov Fax: 395-3964 (Courier 04-16-33) CAMA Application Review Dellaine Risley Project Location: 2010 Deep Creek Run, adjacent to Middle Sound I AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct anew 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 June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED RECEIVED MAY 31 2016 DCM WILMINGTON, NC MAY 2 6 2016 Nothing Comp M H D C ITY State of North Carolina I Environmental Quality I Coastal Managemem 127 Cardinal Doe Est, Wilmingon, NC 28405 910-79&7215 Coastal Management ENVIRONMENTAL QUALITY May 11, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: RECEIVED MAY 17 2016 DOA STATE PROPERTY OFFICE PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Direcmr Tim Walton Dept of Administration State Property Office Co, -zz-,-N-y SAS Heat4epQmts, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenr.aov Fax: 395-3964 (Courier 04-16-33) CAMA Application Review Dellaine Risley RECENED Project Location: 2010 Deep Creek Run, adjacent to Middle Sound /AIWW, 3UN 0 6 Z016 in Wilmington, New Hanover Co. Proposed Project: to construct anew private docking facility CCU_ tviHD CITY 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 June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: /This agency has no objection to the project as proposed. `j PAI (14TE SI-lp� 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 L RECEIVED DCM WIUOIRJGTON N,f WAY 2 7 2016 Nothing Compares!, (5 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dave EaL, Wilmington, NC 28405 910-796-7215 �i 01 North Carolina Department of Administration Pat McCrory, Governor Bill Daughtridge, Jr., Secretary May 20, 2016 TO: Heather Coats Assistant Major Permits Coordinator FROM: Everette Moore Real Property Agent RE: CAMA Private Dock Construction Application Review Applicant — Dellaine Risley Single Family Residence State Property Office REPLY: Please confirm that the proposed construction is not located within the 1000' USACE AIWW easement area. RECEIVED JUN 06 2016 DCM- MHD CITY RICEIVEP bom WKMINGT0N, NC MAY 2 7 2016 Malling Addraa: Telephone (919) 807-4650 Location: 1321 Mail Service Center Fax (919) 733-1431 116 West Jones Street Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleigh, North Carolina An Equal Opportunity / Affirmative Action Employer Web: http://w .ncspo.org Y r PAT MCCRORY Gumentor t`U DONALD R. VAN DER VAART secretary Coastal Management BRAXTON DAVIS, U ENVIRONMENTAL QUALITY' May 11, 2016 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Cooe_"�-y Spgrti?-s FROM: kleather4eats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm.; NC 28405 heather.coatsal Mcdenr.dov Fax:395,-3964 (Courier.0446-33), SUBJECT: LAMA Application Review Applicant: Deilaine Risley Project Location: 2010.Deep Creek Run, adjacent to Middle Sound/AIWW, in Wilmington,. New Hanover Co. Proposed Project: to construct anew private -docking facility Please indicate below your agency'sposition or viewpoint on the proposed project and return this form to Heather Coats at the address.above by June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to.the project as proposed. X 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 `A DATE Received Nothing Compares..` MAY 1.8 2016 Stale of North Carolina IEnvltatimental Quality I Comtal Management 127 Cardinal Diiw Fat.,. Wilmington, NC 28405 DV {t 910-796721i M PAT MCCRORY Governo, DONALD R. VAN DER VAART Secretary Coastal Management BRAXTON DAVIS ENVIRONMENTAL OUALITY Dlnecio, RECEIVED/NCDENR/DWR May 11, 2016 MAY 1 1 2016 MEMORANDUM: Water Quality Regional TO: Chad Coburn Operations Section 401 Wetlands Wilmington Regional Office DWR-WiRO / NH Co. FROM: ! Heather Coats, Assistant Major Permits Coordinator j NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coatsloD-ncdenr.,qov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Dellaine Risley Project Location: 2010 Deep Creek Run, adjacent to Middle Sound /AIIAW, in Wilmington, New Hanover Co. Proposed Project: to construct anew 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 June 3, 2016. If you have any questions regarding the proposed, project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: Ll__�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 roject for reasons described in the attached comments. SIGNED CJ C am.-- DATE RECEIVED RECEIVED JUL 0 5 2016 DCM WILIANGTCN, NC DCM_ MHD CITY JUN 112016 -�Nothtng Compares_ State of North Carolina I Environmental Quality [ Coastal Management 127 Cardinal Dnve E.t , Wilmington, NC 28405 910.7%-7215 PAT MCCRORY Govemor CS r,a Coastal Management ENVIRONMENTAL QUALITY May 11, 2016 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dtreclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Dellaine Risley Project Location: 2010 Deep Creek Run, adjacent to Middle Sound /AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct anew 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 June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. p'o✓ kud \X, a t ai SIGNED DATE S I( fY c RECEIVED DCM WILMINGTON, NC MAY 2 0 2016 Nothing Compares. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 RECEIVED MAY 19 2016 DCM- MHD CITY CS PAT MCCRORY RECEIVED 6m,crr or !.a Coastal Management ENVIRONMENTAL QUALITY May 11, 2016 MEMORANDUM: TO: Ben Hughes INC DOT New Hanover County MAY 16 2016 DONALD R. VAN DER VAART S'ecrelary NC DOT BRAXTON DAVIS DISTRICT 3 Dlrenor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Dellaine Risley Project Location: 2010 Deep Creek Run, adjacent to Middle Sound/AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct anew 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 June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. //�/O SIGNED `"�' 4_& &DATE�t` RECEIVED DCM WILMINGTON, NC Nothing Compares_ � MAY 2 0 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 PAT MCCRORY Gnvemor !, as Coastal Management ENVIRONMENTAL QUALITY May 11, 2016 MEMORANDUM: TO: C, Ito, V5. N .02 Maria Dunn NCWRC For WiRO DONALD R. VAN DER VAART S"o"I"y BRAXTON DAVIS Amclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Dellaine Risley Project Location: 2010 Deep Creek Run, adjacent to Middle Sound /AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct anew 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 June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. V, 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 �� enJ I DATE RECEIVED DCM WILIOINGTCN, NC MAY 2 3 2016 Nothing Compares _ State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Esl., Wilmington, NC 28405 910-796-7215 cs Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Gammor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS .c 0mclor May 11, 2016 RIECETVED MEMORANDUM: MAY j'7j 2016 TO: Christine Bouffard LPO NEW I iAN0V=R COUNTY New Hanover County PLAM4!; iG &ZONING FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenr.gov Fax:395-3964 (Courie'r04-1fi-93) SUBJECT: CAMA Application Review Applicant: Dellaine Risley Project Location: 2010 Deep Creek Run, adjacent to Middle Sound1AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct a new 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 June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: ✓This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Nothing Compares Smle ofNonh Carolina I Enviianmenml Qualily I Co wMamgcment •127 Cardinal Dme Ev., Wlmingloa, NC 2g405 910-796-7215 � a a I PAT MCCRORY Covemor DONALD R. VAN DER VAART Secretary CoastdManagement BRAXTON DAVIS ENVIRONMENTAL QUALITY Du dor May 11, 2016 MEMORANDUM: TO: Gregg Bodnar . Fisheries Resource Specialist D1CM, Morehead City Cou��M2 5 FROM: #iea�tAssistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext. Wilm. NC 26405 heather. coats cDncdenr.cov Fax: 395-3964 (Co nu Ext., 04-16-33 SUBJECT:. CAMA Application Review Applicant: Dellaine Risley Project Location: 2010 Deep Creek Run, adjacent to Middle Sound /A1WW, in Wilmington, New Hanover Co. Proposed Project: to construct a new private docking facility Please indicate below our a ency's position or viewpoint on the proposed project and turn this form to Heather Coats Ot the address above by June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. j?rv;'Je0 This agency has no comment on the proposed project.'' Ste?5 do nv� cause 4ddi��nn( s�ne1�S1� This agency approves of the project only if the recommended changes ' closure are incorporated. See attached.. This agency objects to the project for reasons described in the attached comments. SIGNED t SA l i6 DATE 11E, MAY f 3. DCM- MHL� Hai; y nothing Compares State ofNotlh Camiiaa I Favimnmental Quality I CoasW Malagemeat 127 CardhW Drive&#., Wilmington, NC 28405 910-796-7215 0 PAT MCCRORY Governor a DONALD R. VAN DER VAART Secretary Management BRAXTON DAVIS Coastal Mana 9 Director ENVIRONMENTAL QUALITY � @ May 11, 2016 MAY 1 12016 JivRisOip publicWater eftes TO: Heidi Cox MEMORANDUM: Ni Atwater gupptl, Environmental Engineer Public Water Supply 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: Dellaine Risley Project Location: 2010 Deep Creek Run, adjacent to Middle Sound/AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct a new 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 June 3, 2016. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: /\ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ���� DATE all (o�Ia RECEIVED DCM WILMINGTON, NO MAY 2 0 2016 Nothing Compares. _ State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9104967215 51 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 89 DARLINGTON AVENUE _ WILMINGTON, NORTH CAROLINA 28403-1343 June 14, 2016 Regulatory Division Action ID No. SAW-2016-01194, General Permit No. 197800056 Ms. Dellaine Risley 2010 Deep Creek Run Wilmington, North Carolina 28411 Dear Ms. Risley: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to construct an existing docking facility at 2010 Deep Creek Road along the AIWW in Wilmington, New Hanover County, North Carolina. Coordinates are: 34.2629 N, - 77.7729 W. On Janua>y.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 May 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 JUN 17 2016 DCM- MHD CITY -2- Thank you for your time and cooperation. If you have questions, please contact Christy Folta, of the Wilmington Regulatory Field Office, telephone: (910) 251-4637. Sincerely, I ' Christy Folta, Regulatory Program Assistant Wilmington Regulatory Field Office Enclosure: GP 56 conditions Copies Furnished (with enclosure): Coastal Marine Construction Mr. Jimmy North 6314 Wrightsville Ave Wilmington, North Carolina 28403 Copies Furnished (without enclosure): Mr. Robb Mairs Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 RECEIVE JUN 1'7 2016 DCM MHp CITY -3- Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JUN 17 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director May 11, 2016 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Dellaine Risley - New Hanover Co. • Peter Donat - New Hanover Co. • Jim Jordan - Brunswick County Kyle & Heather: Please publish the attached Notice in the Friday, May 13, 2016 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Luke Skiera, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - WiRO Doug Huggett -MHC Tyler Crumbley — USACE Michele Walker- DCM Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance "Nothing Compares;... RECEIVED MAY 13 2016 DCM- MHD CITY C) State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 q NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA in Wilmington, New Hanover County: On April 21, 2016, Dellaine Risley proposed to construct a private docking facility at 2010 Deep Creek Run, adjacent to Middle Sound and the AIWW, and on April 26, 2016 Peter Donat proposed to construct a walkway and private docking facility at 1525 Salty Bay Landing, adjacent to Myrtle Grove Sound and the AIWW. On May 5, 2016, Jim Jordan proposed to construct a new bulkhead at the corner of E. Yacht Dr. and NE 161h St, adjacent to the AIWW, in Oak Island, Brunswick County. The applications can be examined or copied at the office of Robb Mairs (NH Co.) or Holley Snider (BR Co.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to June 3, 2016 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED MAY 13 2016 DCM— MHD CITY �"Notnhag Compwes:�-- State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Coastal Management ENVIRONMENTAL QUALITY May 10, 2016 Mr. Jimmy North c/o Coastal Marine Construction, Inc. 6314 Wrightsville Ave. Wilmington, North Carolina 28403 Dear Mr. North: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Dellaine Risley, for the proposed development located at 2010 Deep Creek Run, adjacent to Middle Sound/AIWW, in New Hanover County. It was received as complete on April 21, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 5, 2016. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 21, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. cc: Doug Huggett, DCM-MHC Heather Coats, DCM-WiRO Tyler Crumbley, USACE Christine Bouffard, LPO Dellaine Risley, Applicant Tobb �Mairs Field Representative —/'Nothing Compares RECEIVED MJA i 3 2016 DC�IIi- F ,il) CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 NOTI(01*17j AMA PERM APPLIE PROJECT: New Hanover County APPLICANT: Dellaine Risley 2010 Deep Creek Run Wilmington, NC 28411 Agent: Jimmy North (910) 231-8514 > N W rl U Q W IT"I 7g to n, FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management �t 127 Cardinal Dr. Extension Wilmington, NC 28405 Robb Mairs, Field Representative 910-796-7423 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION �3 Name of Property Owner Applying for Permit: _ _ �f (l0.'}I1L Q l e _ Mailing address: Phone Number: Cr °�lS 1fs\ -zobo G I certify that I have authorized Agent / Contractor to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of o . e r a , �� ��c �,`,� c �o ,�� b oaf at my property located at Z o I v in p c w County. This certification is valid through FS -Iq-(6 Date . (Property Owner Information) 1 Q 1 Signature �t.l`C \w L 1�15 I CH Print o Type Name 'f(vS�i Tide Date 91� 666-Szzc Phone Number Email Address R ' �) Aktal ' 0- RECEIVED MAY 13 2016 DCM- MHD CITY --iE':Ei VED pCiM WILMINGTON, NC APR 14 2016 PAT MCCRORY Cj Govemor J DONALD R. VAN DER VAART N, Coastal Management ENVIRONMENTAL OUALITY BRAXTON DAVIS Limaor P1 Domestic Mail Only IS A L U rL, 171 c Contend Mall Fee = $3.30 0480 EIVED os Servims eae(xawtlpA. o❑R.wmR..l,t«. m� INGTfJ=C C3 _ ❑MUM& Mail Re equir Y ❑MUM Sign«ure RequireE _yam___ ❑AENf' 3rvB RB9L4.b]DeMrYs •V�yYWll)� 2016 o u Poalage f1.36 0 04/12/2016 ota1Postage $7.36 uT ra sent To((/((� c---) e r P. I C3 .e'� $buet 9nd/1p(. NO. e/irii' � i-w--- -.--------------------------------------------- c lber� a Ay,siee,zivq� ,i- - /l-Je POStal Service TM m CERTIFIED o RECEIPT Domestic w E `3 delivery jnfnrnat,. CM C M m WI �41]lA c ca c 171 Er 0480 y Lo ra Cl Ce"ad Fee 04 f0.00 l0 W V O (Endorseme tR quiF� t,0.0 IN 0U O RestrlcledOellYetyF� 11NGTC 1° NC (Fsdorsemento Required) RECEIVED CN O a sC3 Ln q� o o4i12/2016 MAY 13 2016 O U c O C3 G /�/J r Pot 6i:Nar/-/jSeN ()t` z�3 '`._Lg-90 .......................... _ (� --- .1. cr�---_ Pc a �..'--- DCM- MHD CITY - - r cam, Tom, , I oe. a ry//--------------- Nothing Compares% — Stale o(Nnr%Cerolme I Environmental Qualdy I Cnasml image l` 127 Cardinal Drive Ext., WOmington, NC 29405 910-796-7215 Prepared by: Clark, Newton & Evans, P.A. 509 Princess Street, Wilmington, NC 28401 910.762,8743 NORTH CAROLINA Book 5937 Page 565 I���I�IIII�I�W BK: RB 5937 1111N PFGo5D66-570 2016037786 $2bw 12-142015 NEW NC SIM usrH B5AS EY REAL-ts A E 04:45:58 PM E"K SS"CC GI BY CAROL HUGHLEY RESTER OF OEEOS DENTY DESC: 1.88 ac Waters PIN: R04500-004-006-000 REV: $ .7)ft-00 Cr- RETURN TO: Calder Law COUNTY OF NEW HANOVER IF cheo%ed, the property includes the primary residence of at least one of the parties defined as Grantor (NCGS §105-317.2) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made effective the 14th day of December, 2015, by and between EDWARD AVERY BATES AND LAUREN BATES GALLEHER, AS SUCCESSOR TRUSTEES OF THE VIRGINIA AVERY REICH TRUST UNDER THE LAST WILL AND TESTAMENT AND CODICIL OF VIRGINIA H. AVERY DATED FEBRUARY 24, 1972 AND OCTOBER 3, 1975, RESPECTIVELY, Grantor, whose mailing address is: PO Box 11020, Wilmington, NC 28404, and, DELLAINE ANDERSON RISLEY, TRUSTEE OF THE DELLAINE ANDERSON RISLEY REVOCABLE TRUST DATED gPRIL 13, 2012, AS AMENDED, whose mailing address is aofo Pe&CQetk "#y a$`lN , Grantee, The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required oy context. WITNESSETH: that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described as follows: BEING that tract or parcel of land located at the southeasternmost terminus of Deep Creek Run (SR 1406), and being identified as "1.88 +/- acres (as calculated to RECEIVED RECEIVED DCM WILMINGTON, NC MAY 1.2016 DCM- CG�y APR 14 2016 Book 5937 Page 566 H.W.L.) Edward Avery Bates and Lauren Bates Galleher, as Successor Trustees" under the Last Will and Testament and Codicil of Virginia H. Avery dated February 24, 1972, and October 3, 1975, respectively, f/b/o Virginia Avery Reich, and referencing Book 3950, Page 724, all as shown on map entitled "Casa do Mar," recorded in Map Book 9/ , Page 10/ , New Hanover County Registry, to which map reference is made for a more particular description. TOGETHER WITH any and all right, title, and interest in those lands subject to that Declaration of Final Resolution of Claim to Submerged Lands recorded in Book 1459, Page 1725, New Hanover County Registry, that recognizes a claim as to "regularly flooded estuarine marshland:" TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto he!ong:ng ♦C fze simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under, or through Grantor, except for the exceptions hereinafter stated: 1. Ad valorem taxes for 2016 and subsequent years; 2. Liens and encumbrances of record, if any; 3. Rights of way and easements of record, if any; 4. Zoning and/or subdivision ordinances and regulations, if any; and 5. Restrictive covenants of record, if any. And further pursuant to North Carolina General Statute 36C-10-1013, the undersigned Successor Trustees authenticate and certify as follows: The Virginia Avery Reich Trust ("the Trust") was properly established by the Last Will and Testament and Codicil of Virginia H. Avery dated February 24, 1972 and October 3, 1975, respectively (herein collectively "the Will"). The Trust has not been revoked. Virginia H. Avery appointed North Carolina National Bank as Trustee of the Trust in her Will. Bank of America, N.A., as Trustee of the Trust, conveyed the above - described property to Edward Avery Bates and Lauren Bates Gallaher, as Successor Trustees of the Trust by Trustee's Deed dated July _, 2003, and recorded in Book 3950, Page 724, New Hanover County Registry. Edward Avery Bates and Lauren Bates Gallaher have not resigned or been replaced as Successor Trustees, nor has anyone else been appointed to serve as Co - Trustee. RECEINEL MAY 13 2016 RECEIVED DCM WILMINGTON, NC DCM- MHD CITY APR 1 4 2016 Book 5937 Page 567 The Successor Trustees named herein are compos mends; and The Trust contains the real property herein described, and under the Will the Successor Trustees have the power and authority to convey, without the joinder of another, the real property contained in the Trust, and said Will allows any person to deal with the Trustees and Trust property without inquiring into the authority of the Successor Trustees. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the manner prescribed by law, as of the day and year first above written. THE VIRGINIA AVERY REICH TRUST UNDER THE '_/� ST `.^: ELL AND =_STAIME":T AND CODICIL OF VIRGINIA H. AVERY, DATED FEBRUARY 24, 1972 AND OCTOBER 3, 1975, RESPECTIVELY, BY:rw__n�(SEAL) Edward A ery Efates, Trustee CONSENT: .A., (91 o5 k ,ram (SEAL) Virginia Avery Refchl Lauren Bates Galleler. i_ stee RECEIVED MAY 13 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC APR 14 2016 Hook 5937 Page 568 146ftkn�i-rz COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Virginia Avery Reich Date: December /�I-, 2015. Notary Public (OFFICIAL SEAL] Nf $:5VWt-S 0 Notary's Printed or Typed Name My commission expires: .y d�Ll � Q. _>. o Co y00 HIE* RECEIVED MAY 13 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC APR 1 4 2016 Book 5937 Page 569 �J" bouovk COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Edward Avery Bates, Trustee Date: December 2015. / v _ Notary Public [OFFICIAL SEAL] A-f --5V41L----) ��/� Notary's Printed or Typed Name My commission expires: n i i i u r z COUNTY, NORTH CAR INA . °i - certify that the following person(s) personally appearekiletorte die this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Lauren Bates Galleher, Trustee Date: December /y, 2015 I / Notary Public [OFFICIAL SEAL] Notary's Printed or Typed Name My commission expires: �� \\\ 03N�. Oo��'i ;•ova. ti% RECEIVED [L] > _ MAY 13 2016 r y�DCM- MHD CITY H/C. RECEIVED DCM WILMINGTON, NC APR 1 4 2016 Hook 5937 Page 570 °V14TY.H " `7 TAMMY THEUSCH ^go-° ' °QJ BEASLEY New Hanover County z Register of Deeds o Register of Deeds 2 216 NORTH SECOND STREET f WILMINGTION, NORTH CAROLINA 28401 Telephone 910-798-4530 f Fax 910-798-7751 � 0 ♦ffaafttf aaaafaa:aaaa:f aaaf aaafaaaf aaf aRf aRafaaafffaataaaaaa aaaaa f♦af aaaffff aaaftaaraaff aaaffafif aaiRaaafafR State of North Carolina, County of NEW HANOVER Filed For Registration: 12/14/2015 04:45:58 PM Book: RB 5937 Page: 565-570 6 PIGS $5,026.00 Real Property $26.00 Excise Tax $5,000.00 RECEIVED Recorder: CAROL HUGHLEY Document No: 2015037786 MAY 13 2016 DCM- MHD CITY fi1#ff#fa#1#aiflf#aaai###1#ffffaf#ifa##a#f###i####if#4###f##f Rif Rff#fflfff#4tffi#f##f4#fif###f###ff R#ff##M1#W DO NOT REMOVE! This certification sheet is a Vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED DU4 nni nnrninTON, NC APR 1 4 2016 Sook 5937 Page 571 v S. Prepared by and Return to: 4 Clark, Newton & Evans, P-A. 509 Princess Street, Wilmington, NC 28401 910.762.8743 BK: Re 5937 �iIII�I I111I11MIIlI RIIII� PGORDED:571-573 2015037787 RC FEE SAM RECNC 12-54-2015 NEW HANOEU R COUNTY, OE of KC RFrL ESTATE 59 PM EASLEY TAMMV THEUSCH BEASLEY Exrx $ns.00 W. C4 RV: CAROL Hl1G11L.EY REGSTER OF DEEDS oepu y DESC:.44 ac Watters Harnett PIN: 004500-004-305-OP0 REV: $ 17.4-oo cw- RETURN TO: Calder Law If checked, the property includes the primary residence of at least one of the parties defined as Grantor (NCGS §105-317.2) NO TITLE OPINION OR TAX ADVICE GIVEN BY PREPARER RECEIVED NORTH CAROLINA GENERAL WARRANTY DEED MAY 13 2016 COUNTY OF NEW HANOVER �LWW CITY THIS GEED, made effective the 14th day of December, 2015, by and be B. GALLEHER, an unmarried woman, whose mailing address is 6421 Shinnwood Rd., Wilmington, NC 28409, Grantor, and DELLAINE ANDERSON RISLEY, TRUSTEE OF THE DELLAINE ANDERSON RISLEY REVOCABLE TRUST DATED APRIL 13, 2012, AS AMENDED, whose mailing address is ao/o 2>&:eP C4z-if Rut✓ Wtcrv+,w6bTo�I Nc 29Y11 1 Grantee. The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee in fee simple, all tnat certain tot or parcel of land snuated in New Hanover County, North Carolina, and more particularly described as follows: BEING all of that .44+/- acre tract of land lying on the southeastern side of an 18-foot easement, identified as "Lauren B. Galleh r, Book 5924,/Pna� a 2282," all as shown on map entitled "Casa do Mar," recorded in Map Book �, Page W, New Hanover County Registry, to which map reference is made for a more particular description. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all XI'M VVILMINGTON, NC APR 1 4 2016 Book 5937 Page 572 C� encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated: 1. Ad valorem taxes for 2016 and subsequent years; 2. Rights of way and easements of record, if any; 3. Zoning and/or subdivision ordinances and regulations, if any; and 4. Restrictive covenants of record, if any. Notwithstanding anything contained herein to the contrary, Eric P. Galleher III, husband of Lauren B. Galleher, for himself, his heirs, and successors or assigns, has executed this Deed without warranties, not as a Grantor, but only to convey whatever interest he has or may hereafter have in the Property described above to the Grantee. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the manner prescribed by law, as of the day and year fir; t above written. r I Lauren B. Gallaher A415W COUNTY, STATE OF NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Lauren B. Galleher. Date: December & .2015 S'. �JRi 9 FIC�t K My &b6 oti expires: (��k A od, o4AA Ot8 U llc Notary's Printed or Typed Name RECEIVED MAY 13 2016 OCM- MHO CITY RECEIVED DCM WILMINGTON, APR 1 4 2016 Hook 5937 Page 573 p�NTY,N TAM EAS EY SCH New Hanover County o G 1 ORn z , Register of Deeds Register of Deeds Y i 216 NORTH SECOND STREET a WILMINGTION, NORTH CAROUNA 28401 Telephone 910-798 4530 a Fax 910-798-7751 �nmupo xraaaaaaaaaaaaiaaaaax##asaarataaaaaaaaixixi+++aaxataaa+aaaixr++a+aa+a+aa+aaaaaaarasaar+riaaia+raaaaa##aaraaa State of North Carolina, County of NEW HANOVER Filed For Registration: 12/14/2015 04:45:59 PM Book: RB 5937 Page: 571-573 3 PGS $201.00 Real Property $26.00 Excise sax $175.00 RECEIVED Recorder: CAROL HUG8LEY Document No: 2015037787 MAY 13 2016 DCM- MHD CITY aa+aaa+•ar+•+iraaa#aia+ia+aa+aaxaaa##a##a+x#aaa#+raaaiarxaaraaara###taxaa#a+a ear++aataaata+a+a+++a+aaarr##ia DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Plana retain with original docment and submit when re-recording. RECEIVED APR 1 4 2016 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AjWW /Middle Sound (/ Cdaits ✓ Fee: $250113613 Ll Applicant: Dellaine Risley Agent/Contractor: Coastal Marine Construction do Jimmy No Project Site County: New Hanover District: Wilmington Project Name: Risley Docking Facility Rover File: We River Basin: Cape Fear Initial date of application submittal: 4-14-16 Date application "received as complete" in the Field office: l�sr Dredge & Fill SITE DESCR/TIONIPERMIT INFORMATION ORW: es ❑No I PNA: ❑Yes 25o Photos Taken: Yes ❑ N Setback Required (riparian): ❑Yes Critical Habitat: ❑Yes LPJNo ❑Not Sure 15 foot waiver obtained: ❑Yes RMo Hazard Notification Returned: ❑Yes [taNtr SAV E Yes No ❑Not Sure Shell Bottom: ❑Yes o ❑ Not Temporary Impacts: ❑Yes Sure Sandbags: ❑Yes o ❑ Not Sure Did the land use clas ' tion come Mitigation fired (optional): from county LUP: es ❑No ❑Yes o Moratorium Conditi Environmental As nt Done: Length of Shoreline: ❑Yes ❑No NA []Yes[]NOA Z 2 �j FT h Area Designation: Project Descr ion: (code) Development Area: (code) Open or- Closed �, o SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgmss (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ CM Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ II I(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge RECEIVED $1 0 and/or fill - $400 I. Private no dredge and/or fill - $250 [1 III(C) Priv. public or comm w /D&F to 1 jg acre; 3490 ran be applied; DCM needs DWQ agreement - $400 D. Risley Date: 4-14-16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Maint ❑ Replace / ❑ Y New Worlter Replace Maint ❑ ❑ Y o-< ZL3 ./� New Worker Replace ,J Yz Maint ❑ ❑ Y 1K �rYY New Wo Maint ❑ Replace ❑ Y [ §-K� 224 New Work Replace < e /3/1y Maint ❑Y L .ter �_Jnf New Work Maint ❑ Replace ❑ Y 3 New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount O Vv Dredge ❑ Fill ❑ Both ❑ Other 2 5�3 7 Gi�*V Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10/12106 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW / Middle Sound Cdaits Fee: $250 #3613 Applicant: Dellaine Risley Agent/Contractor: Coastal Marine Construction c/o Jimmy North Project Site County: New Hanover District: Wilmington Project Name: Risley Docking Facility Rover File: Wa River Basin: Cape Fear Initial date of application submittal: 4-14-16 Date application 'received as complete' in the Field office: !� Permit Authorization: L;CAMA U Dredge & Fill UBoth SITE DESC!�PTION/PERMIT INFORMATIOj ORW: Epres ❑No I PNA: ❑Yes 25o Photos Taken: Yes ❑ N Setback Required (riparian): ❑Yes Critical Habitat: []Yes o ❑Not Sure 15 foot waiver obtained: Yes RMo Hazard Notification Returned: ❑Yes Cat Ntr SAV: ❑Yes No ❑Not Sure Shell Bottom: []Yes BNo ❑ Not Temporary Impacts: ❑Yes Sure Sandbags: ❑Yes o ❑ Not Sure Did the land use clas ' tion come Mitigation fired (optional): from county LUP: es ❑No ❑Yes tnNo Moratorium Condit Environments vCht Done: Length of Shoreline: ❑Yes ❑No NA []Yes❑No A FT 5hetfth Area Designation: Project Des ' ion: (code) Development Area: (code) Open or- Closed 49. SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) El (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (BY) Salt reed grass (Spartina alternifiora) cynosuroides) Ll (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) SalUmeadow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express P Riti Q4I` , acre; 3490 can be applied - $400 l i C V E D ❑ Major development extension request - $1 0 ❑ II. Public or commercial/no dredge fill $400 MAY 13 2016 and/or - I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs D C M� V H f) CITY DWQ agreement - $400 D. Risley Date: 4-14-16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One / New Work Replace i}/ 2 Maint ❑ ElY �L New Wo Replace ( Maint ❑ ❑ Y ♦oK 2zv, 29:3 f S New Workg� Replace ,J 4 Maint El ❑ Y 04 7- 11 �n New Wo Maint ❑ Replace ❑ Y [}Iq� 224 jj ` l New Work Replace ,+ 131 y Maint ❑ ❑ Y L l - P 3 New Work Replace / 6 Maint ❑ ❑ Y New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tem im acts impact amount) temp impacts) amount O W Dredge ❑ Fill ❑ Both ❑ Other ❑ c Sv57 Cv✓ Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ � O Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ ti 919-733-2293 n 1-8884RCOAST :: w .nceoastalmanaaement.net revised: 10/12/06 MAJOR PERMIT FEE SCHEDULE \' Risley / $250 #3613 / New Hanover Co. �1 DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C. or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED MAY 13 2016 DCM- MIHD CITY DENR LAMA Dall Check Lo Ior WIRO Dam Check I RecNpt or Dam Deposite Received d Check From ame) Name of It Hotder Vendor Check Number amount Pe mh NumherrCommenm RatundtReaim N01ES _ _ No Sold Per Fee Schad 4I152016 James and Shannon Risle Dellairu Risley/Jimmy North BB 8T M13 $2W.00 major tee 2010 Dmp Creek Run Wilm NH Co RM rcl. 1494D z W U O N 0 W ' � U 0 Energy. Mineral & Land Resources ENVIRONMENTAL QUALITY July 13, 2016 Deilaine Risley 2010 Deep Creek Run Wilmington, NC 28411 Subject: EXEMPTION Stormwater Project No. SW8160517 Risley Private Docking Facility New Hanover County Dear Ms Risley: PAT McCRORY Governor DONALD R. VAN DER VAART Secretary TRACY DAVIS Director On May 11, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on May 19, 2016 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posingg a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject protlect disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the roject must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Christine Hall at (910) 796-7215, or via e-mail at chdstine.hall@ncdenr.gov. Sincerely, o�. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/canh: \\\StormwateAPennits 8 Projects\2016 \160517 Exemption12016 07 permit 160517 cc: Jimmy North; Coastal Marine Construction New Hanover County Building Inspections Robb Mairs/Shaun Simpson-DCM WIRO R EC E I V cam. i� DCM Morehead City Wilmington Regional Office JUL 2 0 2016 State of North Carolina 1 Environmental Quality 1 Energy. Mineral and Land ResourceajDC M— M H D CITY Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28405 9107%7215 Coastal Management ENVIRONMENTAL QUALITY July 12, 2016 Dellaine Risley 2010 Deep Creek Run Wilmington, N.C. 28411 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, � -Douglas V. Hug Major Permits Manager N.C. Division of Coastal Management Nothing Compares_ State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T