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HomeMy WebLinkAbout59-16 Tomlinson, TomNEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission emit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 59-16 Issued to Tom Tomlinson, 304 Gull Road, Hampstead, NC 28443 Authorizing development in Pender County, adi. to Old Topsail (Nixon) Creek, at 304 Gull Road. Hat pstead as requested in the permittee's application dated 2125/16 (MP-11, and revised 5/26/16 (NQ-2), incl. attached workplan drawings (2), 1 of 2 dated revised 5/26/16, and 2 of 2 dated revised 5/25/16. This permit, issued on .tune 2, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ie suDject to tines, imprisonment or civu action; or may cause the permit to De mutt ana voia. Bulkhead 1) The alignment of the authorized bulkhead shall not exceed a distance of one foot waterward of the existing deteriorated bulkhead. 2) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 3) The temporary placement or double handling of fill materials within waters JREJMVCEQs is not authorized. JUN 06 2016 4) The bulkhead shall be constructed prior to any backfilling activities. (See attached sheet for Additional Conditions) DC M- M H D C ITY This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. fi,,4. BraxtonC. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Tom Tomlinson Permit No. 59-16 Page 2 of 2 I. ADDITIONAL CONDITIONS 5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 7) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 8) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 9) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 10) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 11) 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. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 16-0289. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Nationwide Permit 3 (Action ID No. SAW-2016-00611), which was issued on 4/7/16. `,4 NOTE: An application processing fee of $400 was received by DCM for this project.` 4�5 Form DCM POP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline N W L) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION l is section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards, ...._._.1CW).,.submarged aquaticyegetation.($AV). shell.bottom (SB),: .... _..__.__ ._ .._:._ ....-.........._...... ._ _.. .... ....... or other wetlands (WL)? If any boxes are checked, provide the number of. square feet. affected. ❑CW ❑SAV ❑SB OWL❑None _.. ..... .. ... ... .. ..... .. .. ... (ii) Describe the purpose of the excavation In these areas: t F DISPOSAL OF EXCAVATED MATERIAL this section not applicable " a. Location or disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? d. (1) Willa disposal area be available for future maintenance? ❑Yes -❑No ❑NA ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (1) Does the disposal area include any coastal. wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB). or o er w clan (W L)? If any boxes are checked, provide the m er feet affected. ❑SAV ❑SS _ ❑WL []None (il) Describe the purpose of disposal in these areas: f. (1) Does the disposal include any area in the water? []Yes ❑No ❑NA (it) If yes, how much water area is aotEd7RECEIVED I JUN 06 2016 DCM- MHD CITY � �-It r�7 3. SHORELINE STABILIZATION (It development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization, [)This section,not applicable []Riprap ❑Breakwater/SIII []Other:__ c. Average distance waterward of NHW or NWL: Width: _ d. Maximum distance waterward of NHW or NWL e. -Type of stabiliizatlon material: f. , (1) Has there been shoreline erosion during preceding 12 viN 9 _� n � �, `� � months? .. . . ❑Yes klo ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to fie placed below water level. Bulkhead backfill t000 Riprap _ Q� Breakwater/Sill _ Other A 1. Source of rill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? If yes, (it) Amount of material to be placed in the water _ (iii) Dimensions of fill area (iv)Purpose of fill r- U V 15. GENERAL a. h. Type of MI material. Roast 0- ot� t gThis section ndt applicable h !ij„Will rill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetatlon (SAV), shell bottom (SO). or other wetlands (WI-)? It any boxes are checked, provide the �number of square feet affected. ._.. ... CWT"UU-SAV..—...❑58... ....... ❑'WL_E]None Ili) Describe the purpose of the rill in these areas: - adcCI How will excavated or fill material be kept on site and erosion b. controlled? - C. (i) Will navliptional aids be required as a result of the project? ❑Yes No ❑NA (i) If yes, explain what type and how they will be implemented. 'Z� • Date / Project.NameMAR 0 y 2016 What type of construction equipmentwill be used (e.g., dragline. backhoe, or hydraulic dred a)? BBK�Ee �lr d. (i) Will wetlands b rossed in transporting equipment to project site? ❑Yes No ❑NA ,r®® (ii) If yes, explain step that will be taken -tti avoidov/rninimize environmental impacts. ern JOdY! �/.i Applicant ntName p Applicant Signature, 's e W s 1�t IM d1w '6�jC31.�6�4�lIBM Hmva�J a0z L 0 UK ot �t IA c r4 1T ka �y7 1 i'i...Al RECEIVED �! JUN 06 2016 DCM- MHD CITY --cs n m RECEIVED DOM Wlt-MINGTON, NC MAR o 7 2016 MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner AV Subject: Consistency Determination, Major Permit Application, Tom Tomlinson, Hampstead, Pender County. Date: May 2, 2016 The applicant proposes to install a new bulkhead immediately waterward of an existing, failing bulkhead. The project is located at 304 Gull Road, adjacent to Old Topsail Creek in Hampstead, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, CW, PT and EW. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Developed/Conservation. In general, Pender County allows development in Developed/Conservation classified AECs which is consistent with the State's minimum use standards. The Pender County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the 2012 Pender County Comprehensive Land Use Plan Update. Cc: File Received MAY 0 2 2016 DCM Fbrm DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access - Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL stabilization Length Width - Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION his section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. ....-. -.. (CW)..submerged aquaticyegelation.($AV), shelf bottom (SB),: _ ........ . ..... .: _.:. -. ....___ .... .._ .......-.... _.. ........ ..... .. .... or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None .. .. __ .. .. Ili) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), "erw(WL)? If any boxes are checked, provide the feet affected. ❑SAV ❑SS ❑WL _ ❑None (ii) Describe the purpose of disposal in these areas: T . Dimensions or disposal area. is section not applicable d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes []No ❑NA (ii) If yes, how much water area is affected? h L 3�1N16 3. SHORELINE STABILIZATION (if development is a wood groin, use MP-4 -Structures) a. Type of shoreline stabilization: ulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: 11 e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. r-' Bulkhead backfill Riprap _ Breakwater/Sill — Other i. Source of fill material. t C ❑This section not applicable b. Length: �¶°"�= -3, Width: �f—n d. Maximum distance waterward of NHW or NWL: (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ['�kNo ❑NA (ii) If yes, stale amount of erosion and source of erosion amount information. h. Type of fill material. gear 0 @� _ 4. OTHER FILL ACTIVITIES ❑This section ndt applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? f IYes ❑No ❑NA If yes, % r' (it) Amount of material to be placed in the water (N) Dimensions of rill area (iv) Purpose of fill - 15. GENERAL _.b.__(i).Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. �[ ... CW;I_C_ rtjSAV...—. , OSB .. T O❑WL _ []None (ii) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dyed e)? Li-,I1 6 C��� h� � �re c. (i) Will naviVylional aids be required as a result of the project? []Yes ANo ❑NA (if) If yes, explain what type and how they will beimplemented. d, (i) Will wetlands b rossed in transporting equipment to project site? ❑Yes 11 No ❑NA (ii) If yes, explain step that will be taken to avoid or minimize environmental impacts. �0 Date Applicant Name ( f -- Project NameMp r1 0 7 2016 Applicant Signature. QCU le/rr-- ON, NolemlvfIlm 4fd�t7 960Z L 0 JtlW Coastal Management ENVIRONMENTAL OUALITV May 25, 2016 Mr. Stephen Conway Southeastern Coastal Construction 6252 Towles Rd. Wilmington, NC 28409 Dear Mr. Conway: PAT MCCRORY Govemor DONALD R. VAN DER VAART BRAXTON DAVIS This letter is with reference to your application, acting as agent for Tom Tomlinson, for a Coastal Area Management Act Major Development permit to dndertake development activities at Nixon Creek, 304 Gull Road, in Hampstead, Pender County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c) which would make August 8, 2016, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. cc: Wihnington/MHC Files Sincerely, Heather Coats Assistant Major Permits Coordinator RECEIVED MAY 31 2016 DCM- MHD C' 6 Y nothing Compares!. - State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Tom Tomlinson COUNTY: Pender PROJECT NAME: Tomlinson Bulkhead Replacement LOCATION OF PROJECT: 304 Gull Rd, adjacent to Old Topsail Creek, in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD:3-11-16 / FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Jason Dail DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: V-9 r1/ B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 #9782 / PUBLIC NOTICE REC'D: 3-25-16 J END OF NOTICE DATE: 4-15-16 / ADJ. RIP. PROP NOTICES REC'D: • DEED REC'D: iAl APPLICATION ASSIGNED TO: ON: �1 C) 75 DAY DEADLINE: 1 / 150 DAY DEADLINE: MAIL OUT DATE:3-22-16 FEDERAL DUE DATE: STATE DUE DATE: 4-15-16 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management- Regional Representative Coastal Management - LUP Consistency Division of Community Assistance /l V Land Quality Section (DEMLR) 3 (lp Division of Water Resources (401) VK, Z016OU1 NWC Storm Water Management (DEMLR) State Property Office Division of Archives & History wL2/ is Division of Environmental Health 211 39`1 Division of Highways�li ✓ Wildlife Resources Commission Local Permit Office - M H D CITY Division of Marine Fisheries / DCM 7 V Corps of Engineers 7 �V '� NAP3 iSC 4/7/k, i?W Za4--oo ,--ems 4/ep.gjj� ✓ az RECOMMENDATIONS FOR —Tom Tomlinson March 21, 2016 It is the staff s recommendation that the applicant's proposal to install approximately 223 linear feet of bulkhead with approximately 60 square feet of coastal wetland fill water ward of the existing deteriorating bulkhead is CONSISTENT with the Rules of 15 NCAC 71-1.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 71-1.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 71-1.0207 (d) Use Standards for Public Trust Areas and Rules of 15 NCAC 71-1.0208 (b)(7) Use Standards for Bulkheads. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for bulkheads. RECEIVED MAR 2 8 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY March 22, 2016 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance PAT MCCRORY Uovemnr DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Direcror 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 / Dredge & Fill Application Review Applicant: Tom Tomlinson Project Location: 304 Gull Rd., adjacent to Old Topsail Creek, in Hampstead, Pender Co. Proposed Project: to install a new vinyl bulkhead immediately waterward of an existing, failing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 15, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: SIGNED This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE 3/?c / /G Nothing Compares�- Received MAR 3 0 1016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DCM 0 Coastal Management ENVIRONMENTAL QUALITY March 22, 2016 MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretory BRAXTON DAVIS Dhecm, MAR Z a 2016 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Tom Tomlinson Project Location: 304 Gull Rd., adjacent to Old Topsail Creek, in Hampstead, Pender Co. Proposed Project: to install a new vinyl bulkhead immediately waterward of an existing, failing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 15, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. F �� SIGNED (iLit � L� DATE �7E If RECEIVED DOM WILMING ON, NC Nothing Compares_ MAN 3 0 201& State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E-L, Wilmington, NC 28405 910-796-7215 Water Resources ENVIRONMENTAL OVALITY Tom Tomlinson 304 Gull Road Hampstead, NC 28443 Subject Property: Dear Mr. Tomlinson: April 19, 2016 304 Gull Road, Hampstead No Written Concurrence Needed PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN DWR Project q 20160289 Pender County Director You have our approval, in accordance with the attached conditions and those listed below to replace the existing failing bulkhead by stepping it out one foot waterward of the existing footprint, as described in your CAMA application dated March 22, 2016 and received by the Division of Water Resources (DWR) on March 22, 2016. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3883 (GC 3883). This Certification allows you to use the Nationwide Permit 3 (NW 3) when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed Impacts or to conduct Impacts to waters as depicted in your application shall expire upon expiration of the General Permits or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). RECEIVED DCM WILMINGTON, NC State of North Carolina I Department of Environmental Quality I Division of Water Resources A P R 2 i 2016 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Tom Tomlinson DWR Permit # 20160289 April 19, 2016 Page 2 of 4 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit (15A NCAC 02H .0501 and .05021. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] 5. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response Center at 1.800.424.8802. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B. 0200 (3)(f), and GS 143 Article 21 A] Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(9] 8. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 'Tom Tomlinson DWR Permit # 20160289 April 19, 2016 Page 3 of 4 Continuing Compliance: 9. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 10. Certificate of Completion The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion. Mail to: NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of completion is available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 11. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours (15A NCAC 02H .0502 (e)). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 'Tom Tomlinson DWR Permit p 20160289 April 19, 2016 Page 4 of 4 A copy of the petition must also be served on DEQ as follows: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this certification and its conditions are final and binding This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or by e-mail Jennifer. Burdette@ncdenr.gov or myself in the DWR Wilmington Regional Office at 910.796.7306 or by e-mail Joanne.Steenhuis(cDncdenr.gov. Sincerely, Joanne Steenhuis Senior Environmental Specialist Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3883 cc: Stephen Conway —Southeastern Coastal Construction- electronic copy Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy Jennifer Burdette - DWR 401 Wetlands and Buffers Unit Heather Coats - DCM Wilmington —electronic copy Jason Dail - DCM Wilmington— electronic copy WiRO Coastal Management ENVIRONMENTAL QUALITY March 22. 2016 MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO PAT MCCRORY Govemor DONALD R. VAN DER VAART seeretary BRAXTON DAVIS Director ECEIVE MAR 112111 BY: FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCaD-ncdencpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Tom Tomlinson Project Location: 304 Gull Rd., adjacent to Old Topsail Creek, in Hampstead, Pander Co. Proposed Project: to install a new vinyl bulkhead immediately waterward of an existing, failing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 15, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 3 /?-3 DCM WECEIVED ILWNGTON, NC Nothing Compares.` MAR 2 8 2016 State of North Carolina I Eaviromnental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 xkv Coastal Management ENVIRONMENTAL QUALITY March 22, 2016 MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office RECEIVED MAR 2 9 2016 DOA STATE PROPERTY OFFICE PAT MCCRORY Gnvrmw DONALD R. VAN DER VAART Se"et"I BRAXTON DAVIS 1)"'wr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather coatsCo)ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Tom Tomlinson Project Location: 304 Gull Rd., adjacent to Old Topsail Creek, in Hampstead, Pender Co. Proposed Project: to install a new vinyl bulkhead immediately waterward of an existing, failing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 15, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. L/ I his 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�- State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Et, Wilmington, NC 28405 910-796-7215 13-Jrb& RECEIVED DCM WILMINGTON, NC APR 0 4 2016 Coastal Management ENVIRONMENIAL QUALITY March 22, 2016 MEMORANDUM; W p��R4�z416 Renee Gledhill -Early Dept- of Cultural Resources Archives & History PA'T'MCCRORY i MIfYIMII ALD R. VAN DER VAART �Cl'Mf(Rl' BRAXTON DAVIS Mf,w tir, it, UuvU ij(,4/,' A-" 4-11-14 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 I Dredge & Fill Application Review }f I �IIt Applicant: Tom Tomlinson Project Location. 304 Gull Rd., adjacent to Old Topsail Creek, in Hampstead, Pender Co. Proposed Project: to install a new vinyl bulkhead immediately waterward of an existing, failing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 15, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data Is requested. REPLY: This agency has no objection to the project as proposed �_ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �`• �� DATE '"Nothing Compares_- � Maeor NaIhCmim L.RVRgRIKM91fj1.hiv Caa6mi Mmo pswN 127 CwdoW nerve Fit., W,b nmglan, NC 29M 910.7967;15 4 at-V RECEIVED DCM WILMINGTON. NC APR 2 2 2016 AN 0 6 816 1 Coastal Management ENVIRONMENTAL QUALITY March 22, 2016 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Gnvcmar DONALD R. VAN DER VAART Se['relary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coatsa()-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Tom Tomlinson Project Location: 304 Gull Rd., adjacent to Old Topsail Creek, in Hampstead, Pander Co. Proposed Project: to install a new vinyl bulkhead immediately waterward of an existing, failing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 15, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. T agency objects to the project for reasons described in the attached comments. SIGNED DATE ?J Received Nothing Compares- MAR 3 i2016 State ofNorth Carolina I Environmental Quality I Coastal Management DCM 127 Cardinal Drive Far, Wilmington, NC 28405 910-796-7215 P,R r. 1. "1016 7:46AM e NMI' 51 a III II, .u; t Coastar1olanagent Ent ktiVIROHY.bt1TAL IJVALLYY March 22, 2016 M,Qrl0RAXD(r4 : NC Nspt of-,ansportation NolenrA—rToAJW No.6"t24 P. 1 �( NILM Dry 3"a1t^w. PAT MCCy,ORa' CWewar MAR 3 0 2016 DONALD R, VAN DER VAART .%(nno B)PAXTON DAMS DirefilRY TO: Robert VauBe NC DOT Ponder County FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — DilAsion of Coastal Management 127 Cardinal Drive Exl., &iim., NC 28405 heather.enats ederlr.nav Fax: 395 3964 (Courler i)4-10-32y SUBJECT: LAMA I Dredge i& Fill Application Review (Applicant: Tom Tomlinson Project Location; 304 Gull Rd., adjacent to Old Topsail Creek, Jr, Hanipste&d, pender Ga. Proposed Project: to install a new vinyl bulkhead immediately waterward of on existing, failing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and 10furn MIS form to HecWher Coals at the address above by April 15, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended chanztes are incorporated. See attached. T'lls agency objects to the project for reasons described in the attacled comments. DATE -�'Nothtng Compares,. State orNod Cuolma I'Entilotrnemal Qlaliyl CusulMa�,�:aln! 127 ClewlMz La., Wilmington, NC 28105 919.796.7215 Coastal Management ENVIRONMENTAL QUALITY G • I I,• o3 3::k• o I March 22, 2016 MEMORANDUM: TO: Maria Dunn NCWRC For WiRO PAT MCCRORY Governor DONALD R. VAN DER VAART Secretap, BRAXTON DAVIS Direcmr MAR 20IG RECEIVEU Habitat Crnuerwtron pwam FROM: Heather Coats, Assistant Major Permits Coordinator —" NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., INC 28405 heather. coats@ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Tom Tomlinson Project Location: 304 Gull Rd., adjacent to Old Topsail Creek, in Hampstead, Pander Co. Proposed Project: to install a new vinyl bulkhead immediately waterward of an existing, failing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 15, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: SIGNED This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE Nothing Compares_ 8 DCM WILM NIGTON, NC State of North Carolina I Environmental Qtmlily I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 APR 14 20IG V Coastal Management ENVIRONMENTAL OUALITV March 22, 2016 MEMORANDUM: TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City PAT MCCRORY Governor DONALD R. VAN DER VAART Secmary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatst'Dncdenr.00v Fax: 395-3964 ,(Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Tom Tomlinson Project Location: 304 Gull Rd., adjacent to Old Topsail Creek, in Hampstead, Pander Co. Proposed Project: to install a new vinyl bulkhead immediately waterward of an existing, failing bulkhead Please indicate Wowyouragency's position or viewpoint on the proposed project and Iretum this form to Heather Coats at the address above by April 15, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 7 jb M Nt VED DCM WIGTON, NC RECEIVED APR 0 7 2016 MAR 2 8 2016 /'Nothing Compares ry State of North Carolina I EnvironmeaW Quality I Coastal Management DCM _ M H D CITY 127 Cardinal Dlive Ext., Wilmiugloa, NC 29405 910-796-7215 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-00611 County: Pender U.S.G.S. Quad: NC-HAMPSTEAD GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Mr. Tom Thomlinson 304 Gull Road Hampstead, NC, 28443 910-270-4776 --0.73 acre Nearest Town Hampstead Onslow Bay River Basin New River 03020302 Coordinates Latitude: 34.3693106643031 Longitude:-77.6683285890949 Location description: The project site is located on an approximate 0.73 acre parcel, at 304 Gull Road, along Old Topsail Creek, in Hampstead, Pender County, North Carolina. Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with a bulkhead replacement/ maintenance project. Specifically, permanent fill impacts authorized total 60 square feet of coastal wetlands for the installation of a new 223-linear foot bulkhead located approximately 1-foot water ward of the existing failing structure. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 3 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated March 25, 2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at 910-251-4049 or Sarah. E.Hair(a,usace.armv.mil. HAIR.SARAH.EAa�» Nt U; a�a�.Sm.vrvn"' FW-UU Corps Regulatory Official: -546��Sa-2 / ;, a;; e; 2' Date: April 7, 2016 -G> Expiration Date of Verification: March 18, f017 SAW-2016-00611 j p . ti , Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: Waters onsite exhibit wetland criteria as outlined in the 1987 Corps of Engineers Wetland Delineation Manual and appropriate Regional Supplement. Waters onsite are subject to the ebb and Flow of the tide. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1 OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by June 6, 2016. **It is not necessary to submits /�R� ��{�yv r�t�]tI Al Qf jW,; �41d m object to the determination in this correspondence.** I A . XRA .L/"l 2N .i m11S wrnmm4ow- oD, vp, =uSA Corps Regulatory Official: 1054693512z Sarah Hair Date of JD: Apri17, 2016 Expiration Date of JD: April 7, 2021 SAW-Y616-006M The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our customer Satisfaction Survey online at http://re Lilatory.usacesurvey.com/. Copy furnished: SOUTHEASTERN COASTAL CONSTRUCTION Mr. Stephen Conway 6252 Towles Rd Wilmington, NC, 28409 Electronic copy furnished: Ms. Heather Coats, NC DCM Ms. Joanne Steenhuis, NC DWR Mr. Jason Dail, NC DCM M Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Govemar DONALD R. VAN DER VAART Secretary BRAXTON DAVIS 1 imaor March 22, 2016 /^( 4 0'j �O MEMORANDUM: Styr MAR 2? �a TO: Heidi Cox NIRO p 4V 1K�our ?Ols O Environmental Engineer ubpcW Public Water Supply afersupDA, 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 / Dredge & Fill Application Review Applicant: Tom Tomlinson Project Location: 304 Gull Rd., adjacent to Old Topsail Creek, in Hampstead, Pander Co. Proposed Project: to install a new vinyl bulkhead immediately waterward of an existing, failing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by April 15, 2016. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE aCM Wi'MNIGTON, NC Nothing Compares APR 06 2016 State of North Carolina I Environmental Quality ICoastal Management 127 Cardinal Rive Ext., Wilmington, NC 28405 910-796-7215 Coats, Heather From: Hair, Sarah E SAW <Sarah.E.Hair@usace.army. mil> Sent: Wednesday, April 06, 2016 3:14 PM To: Coats, Heather Cc: Steenhuis, Joanne; Dail, Jason Subject: Tom Tomlinson 304 Gull Road Hello everyone! We intend to process the following project as an NWP 3 for maintenance Corps Action ID: SAW-2016-00661 Project Name: 304 Gull Road County: Pender * Heather: We are also processing the Todd project in Sunset Beach as an NWP 3 and not a 56 as I had indicated before. I should have that one out tomorrow. Please let me know if you have any questions. Thanks! Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Tom Tomlinson 2. LOCATION OF PROJECT SITE: 304 Gull Road, adjacent to Old Topsail Creek, in Hampstead, Pender County. Photo Index — 2006: 26-6635, V, 2-3 2000: 26-338, C-D 3 1995: 26-321, I-7 State Plane Coordinates - X:2401592 Y:214559 Lat 34°22'09.88"N Long: 77°40'06.42"W 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/03/2016 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received Complete — 3/11/2016 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification from LUP — Developed / Conservation (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Onsite septic Planned - None (F) Type of Structures: Existing — Single Family Residence, existing bulkhead and private docking facility that includes an access pier and floating dock Planned — Bulkhead replacement (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands - Coastal 60 sq. ft. (filled) (B) Non -Vegetated Wetlands 223 sq. ft. —(Open water filled (C) Other — High ground 4,014 sq. ft. (disturbed) (D) Total Area Disturbed: 4,297 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to install a new bulkhead immediately waterward of an existing, failing bulkhead. I RECEIVED MAR 2 8 2016 DCM- MHD CITY Tom Tomlinson Page 2 9. PROJECT DESCRIPTION: The project site is located at 304 Gull Road, adjacent to Old Topsail Creek (also known as "Nixon Creek"), adjacent to the AIWW, in Hampstead, Pender County. To find the project site, travel north (from Wilmington) on US Highway 17 to Country Club Road, in Hampstead. Turn right onto Country Club road and travel approximately 1.0 miles before bearing right on Olde Point Road. Continue traveling on Olde Point Road until you come to the intersection of Olde Point Road and Olde Point Loop Road. Turn right onto Olde Point Loop Road and then take the next right onto Gull Road. The subject property will be located on the right hand side of the road at house number 304. The subject property is developed (residential) and has approximately 223 linear feet of shoreline bordering Old Topsail Creek. Elevations at the property range from 3' to 13' above the normal high water (NHW) line. The size of the tract is approximately 31,979 sq. ft., or 0.73 acres. Mature oaks, lawn grasses and ornamental landscaping make up the high ground vegetation, and Smooth Marsh Cordgrass (Spartina allerniora) accounts for the adjacent wetland vegetation. Just waterward of the existing bulkhead, the applicant maintains a private docking facility which consist of a short access pier and an 8' x 60' section of floating dock (running parallel to the shoreline). Three (3) small scattered patches of Smooth Marsh Cordgrass exist just waterward of the existing bulkhead. Currently, the normal high water line approximates the existing bulkhead. The property is located in a residential subdivision at the head of a man-made canal. Neighboring properties maintain simple piers/docks and the shoreline surrounding the entire basin is bulkheaded. Old Topsail Creek (or Nixon Creek) is a channelized waterbody which extends from the AIW W, north to the Olde Point golf course. The primary run of the creek has been historically dredged (under CAMA Major 181-04), with permit authorization(s) dating back to the 1960's. The main channel is approximately 9,000 linear feet and runs along the eastern side of Old Topsail Creek. The width of the channel varies, depending on location, but the average width is approximately 100'. Access to the creek is provide by two entrance channels located along the north eastern side of the creek, both running perpendicular to the main channel. The Pender County Land Use Plan classifies the adjacent waters as Conservation. The waters of the AIW W and Olde Topsail Creek are classified SA and SA-ORW by the Division of Water Quality. The waters immediately adjacent to the property ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to install a new bulkhead immediately waterward of an existing, failing bulkhead. The existing bulkhead is comprised of timber and was installed approximately 20-25 years ago. The existing tie -backs that support the wall have deteriorated/separated which has caused catastrophic failure to the wall's vertical timber panels. In addition, excessive rains during the winter of 2015/2016 have further exacerbated the wall's failure, causing separation of the high ground behind the wall. The applicant wishes to resolve the walls failure by constructing a new wall immediately waterward of the existing wall, at an average of P offshore. As a result of the new bulkhead construction, approximately 60 sq. ft. of coastal wetlands (S. alternii fora) would be impacted (filled), as would approximately 223 sq. ft. of open water area. RECEIVED MAR 2 S 2016 DCM- APHD CITY M Tom Tomlinson Page 3 High ground disturbance associated with the applicant's proposal would include grading and filling approximately 4,014 sq. ft. (dead -men and anchoring). 10. ANTICIPATED IMPACTS: The proposed bulkhead would fill approximately 60 sq. ft. of Coastal Wetlands (S. alterniflora), and approximately 223 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed bulkhead would extend approximately 1' beyond the existing wall. Minor increases in turbidity should be expected during construction. Submitted by: Jason Dail Date: 3/21/2016 Office: Wilmington RECEIVED MAR 2 8 2016 DCM- MHD CITY 41t- Southeastern Coastal Construction Company, Inc. DBA Southeastern Marine Contractors Stephen B. Conway, Owner -Unlimited Contractors License & Fully Insured 910.538.9737 6252 Towles Rd., Wilmington, NC 28409 March 6, 2016 Project Name: Tom Tomlinson Project Narrative Mr. Tomlinson would like place a vinyl bulkhead in front of his existing wood bulkhead which has failed. Thank you, Stephen B. Conway, Owner Southeastern Coastal Construction Company, Inc. 910.538.9737/sconway@ec.rr.com RECEIVED RECEIVED MAR 2 8 2016 DCM- MHD CITY 1v:. VOYLPVIINGTON, NC ocM MP-1 n 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 (if applicable) I Qtr Applicant1: First Name MI Last Name Tnt i O 1(%*hP1 Applicant 2: First Name MI Last Name , If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City qwVA Stal� G 19 O G ZIPn Country Phone No. FAX No. Uk'p nG ext. Street Address (if different from above) City State ZIP Email AvrL'i&s. J T� t IM 1 (� @r I rlc 2. Agent/Contractor Information Business Name Sow r di 0*-* �r ah Agent/ Contractor 1: First Name MI Last Uame •..� l—�On.% Agent/ Con ractor 2: First Name MI Last Name Mailing Address PO Box City , IL I State ZIP Phone No. Phon o. 2 C ! '� 6 i 40 s� Q'7'1 ^� r o - .s~ u_ P ; J ext. - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP �II Y cn MAR 0 7 JUIo DCM WILMING100, NC <Form continues on back> a.ii—.,il-11 v a —ate MAR 2 S 2016 DCM- R!HD CITY Form DCM MP-1 (Page 2 of 4) Mrru.K Ilunl lur Major Development Permit 3. Project Location County (can be multiple) Street Address -d Ck1ft (I State Rd. # PC V-14 LA Subdivision Name City j5,� C k`?; 5� State //.� IV C Zip /.�t,� 28W 1ttt%.. l Phone No. tt Lot No.(s) (if many, attachddif nal page with list) 1 cs'7 i3 �17?j�xt o a.Inwhich NC river basin is the project located? b. Name of body of water nearest to ploposed project .I C. c' 12�� 1 c. Is the water body identified in (b) above, natural or manmade? it. Name the closest major water body to the proposed project site. . ❑Natural Jvlanmade ❑Unknown e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes XNo work falls within. 4. Site Description a. Total length of sho(eline on the tract (ft.) It. Size of entire tract (sq. ft.) 31 c. Size of individdual lobs) //11 o4re d. Approximate elevation of tract above NHW (normal high wafer) or NWL(normal water level) (If many lot sizes, please attach additional page with a list) r '%1C 13 / VNHW or ❑NWL e. Vegetation on tract rlw" �. �� 9A �Os I. Man-made features and uses now on tract ��`• �,� 9Crl' �) / �itrY'" ` g. Identify and describe the existing land uses adlacent to the proposed project site. ✓��.CI V J tell— h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? s*+•. & ( tt ch zoning compliance certificate. if applicable), Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No k. Has a professional archaeological assessment been done for the tract? If yes. attach a copy. ❑Yes ONO YNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ONO A National Register listed or eligible property? <Form continues on next page> RECEIVED MAR 0 7 W6 MAR 2 8 2016 D DCM- MHD CITY rOml U1,1vl Mr- I (rage a ul Yt AYYLIGAI IUN for Major Development Permit 1F m. (1) Are there wetlands on the site? &es []No (ii) Are there coastal wetlands on the site? Yes ❑No (iii) If yes to either (I) or (ii) above, has a delineation been conducted? ❑Yes [9No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Ste' C- o. Describe exi Ing drinking water supply source. " w2� p. existing storm water management or treatment systems. -D�`e+scribe 6j I 5. Activities and Impacts a. Will the project be for commercial, public, or private use? Commercial ❑Public/Govemment rivate/Community b. Give a brief description of purpose, use, and daily operations,off -the project when complete. Exit i-. /j�,tk' hAf t` dee/ Tv Lef- /Veed eL A)" (�r,Llkl�e 't F�owt of >ai N•F 3A t.�.ces9 (�oa.f 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. V br0-4 v k vl y l Slid n I, Fee. �� �f, A G �t t.Jet.1' As Clare. A,S ©+dilly! a� r� tau CK?It �A t 4CA.Vdw I Q4r-& !-tctw l,,, Pv- d. List all development activities you propose. i i1 Stet /l } p lr � f i'1 l i f"Ei"�" 0 }� �} tf 1 V e. Are the pro osed activities maintenance of an existing project, new work, or both? - I. What is the approximate total disturbed land area resulting from the proposed project? r� �DD q.Fl or ❑Acres G-❑Yes g. Will the proposed project encroach on any public easement, public accessway or other area kNo ❑NA that the public has established use of? In. Describe location and type,Yf existing and proposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NA j. Is 1plh�c ply 11MOMsed? IF3eIF, ❑Yes o ❑NA a�it aM,pfoposal. MAR o 7 2016 RECEIVED <Form continues on back> DCM WILMINGTON, NC MAR 28 2016 DCM- NIND CITY rorm utrm mr- I tr-dye y ul �j 11 1.1 V, .1V 11 1.. Major Development Permit lit 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) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. 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 rUj'i-!tJ �, ZAb—q a /cio/i6E/Qcban Phone No. Address ,So,J-f Kan, oc� 63/-l�j- 6s/ia Name 17 -0@ Phone No. Address 10fi- B1� "�'O/!P� i(Aw i957 cP/ 7-113b8 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. In, Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. �7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the 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 istruthfultothebest of my knowledge. Date � �✓ - < Print Name 1 (- 7&/�� Signature 4y/� Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and CulverRECEIVED " ❑DCM MP-3 Upland Development R Pt r-- `( IV R Des Information MAR 0 7 2016 MAR 2 S 2016 DCM- Mnirl. ci-- Y t7CNi WILNIiNGTON, NC Form DCM MP-2 W EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater c (exluding shoreline (NLW or NWL stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION his section not applicable a. Amount of material to be excavated from below NHW or NWL in to. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB). _. or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS OWL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL This section not applicable a. Location of disposal area. to. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW ). submerged aquatic vegetation (SAV), shell bottom (SB). or o er w or (WL)? If any boxes are checked, provide the er, feet affected. ❑SAV ❑SB OWL _ ❑None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (if) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED MAR 2 S 2016 DCM-hGM3DP& 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: - ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: C. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placedbelowwater level. Bulkhead backfill— Riprap Breakwater/Sill. Other L Source of rill material. b. Length: Width: _ d. Maximum distance waterward of NHW or NWL: I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes❑No ❑NA . _b._(i) Will till material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (ac), or (ii) Amount of material to be placed in the water other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. .(iii) Dimensions of rill area ❑CW ❑SAV ❑SB IN) Purpose of rill OWL ❑None (ii) Describe the purpose of the fill in these areas: I5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? C. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes- ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. . Date Applicant Name Project Name Applicant Signature 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: Aulkhead ❑Riprap ❑BreakwatedSill ❑Other. c. Average distance waterward of NHW or NWL: e. Type of stabilization material: Y\U) S/lin1 g. Number of square feet of fill to be placed below water level. Bulkhead backfill h✓" Riprap _ Woo -% BreakwatedSill_ Other_ i. Source of fill material. i:.\"P..4.t!-.t r'k / ❑This section not applicable b. Length: Width: d. Maximum distance waterward of NHW or NWL: __ I I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes *0 ❑NA (if) If yes, state amount of erosion and source of erosion amount information. h. Type of rill material. go at a- pr et- 4. OTHER FILL ACTIVITIES gThis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? Yes ❑No ❑NA _.b-.—(i).Will fill material be placed in coastal wetlands/marsh (CW), 1(yes, r—� submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water L/ - other wetlands (WL)? It any boxes are checked, provide the _ number of square feet affected. (iii) Dimensions of fill area } SQ i 4 Wl SAV ❑SB (iv) Purpose of fill OWL _ ❑None (ii) Describe the purpose of the fill in these areas: CA C I 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., controlled? backhoe, or hydraulic dredge)? c. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date p Applicant Name � I a � �,t yl��a 1 /,CoT�j � - %� r Project Name MAR 0 7 2016 Applicant Signature, 6" D �'1 MAR 2 8 2016 NC DCM- MHD CITY A110 CIHW -WoQ ON 'N019NIV411M WO4 910? 8 Z 9dW C13A1333H FA 91OZ L 0 HYK a3ni3036 /Q RECEIVED DCM WILMINGTON, NC MAR 0 7 2016 Coastal Management ENVIRONMENTAL QUALITY March 21, 2016 Tom Tomlinson 304 Gull Road Hampstead, NC 28443 Dear Mr. Tomlinson: lord PAT MCCRORY l.Io�Yrnor DONALD R. VAN DER VAART 5errclgru BRAXTON DAVIS J)!nvor The Division of Coastal Management hereby acknowledges that on March 11, 2016, we received your completed application requesting State approval for the development of property located at 304 Gull Road, adjacent to Old Topsail Creek, in Hampstead, Pender County. The projected deadline for malting a decision on your permit application is May 25, 2016. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 11, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. erely, on Dai Field Representative RECEIVED cc: MHC file MAR 2 S 2016 WiRO file Joanne Steenhuis, DWR DC M- M H D CITY Liz Hair, USACE State of North Caroline I Environmental Quality I Coin;W Management 127 Cardinal Driw Ext., Wilmington, NC 28405 919 796 7215 41 NOTI(01$1,4A CAMA PERMIT APPLIED FOR PROJECT: Pender County. ailing III tead, COMMENTS ACCoEPTED THROUGH nril 15, 2016 APPLICANT: n Tom Tomlinson m 304 Gull Road < Hampstead, NC 28443 r FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Jason Dail, Field Representative 910-796-7424 1p— AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Applying for Permit: Tom Too! t Mailing address: Phone Number: 1�aww jko-&(, N. 2&y43 410 �27b - �1776 I certify that I have authorized 5 r 66-4 A 5ht 1 C� nt / Contractor to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of & 1'/( k'xCf at my property located at �O [� cp -// in /f� e1e./ County. This certification is valid through 3/— IA6 Date (Property Owner Information) \1 C//� 4- i Signature i oil, Print or Type Name vw,tiE,� Title Date PECEIVED Lla % - 5/' % 7 6 MAR 0 7 2016 Phone Number RECEIVED MAR 2 S 2016 DCNI- MHD CITY MINGrnN NC Email Address ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to _ Jom 1a,<6" 's f j (Name of Property Owner) property located at 3��f ('Al �l (Address, on /U40« in (Waterbody) County) N.C. The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must rill in description below or atfach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) �lC� L Signature ,_ I do /.A�r�Sa-� Print or T pe Name Mailin Address City/Stat ip 2,0• a%``fZ7�o Telephone Number R E C E I b or Telephone Date t MAR 0 7 2016 G ivJaR 2 S 2016 Infor"Viopk)1_ MHD CITY LV L ZJYq� (Revised 611812012) t�C�ll IA/17. A1lNGTo;-4, NC o2, 25-2(116 19:40 FAX fm nn1.J)61 AWACENT RIPARIAN PROPERTY QWNER STATIRMENT I hereby certify that I own property/adjacent to 7'o,,-O %n/� )('� r m •-. s (Name of Property Owner) property located at 30`� l� tnaareen on ,�Ji X �� , in (Waterbody) N,C. The applicant has described to me, as shown below, the development proposed at the above locatlon, I have no objection to this proposal. I have objections to this proposal DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (fndv/dua/ proposing development must flp' in description below or attach a site drawing) RECEIVE® MAR 2 S Z016 WAIVER SECTION D CITY I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me, (If you wish to waive the setback, you must initial the appropriate blank below.) I de wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement (Property r Info atlonj (Ad aaant Pro_" . Owner Information) �._ gnoture ure Dare a ,. 070- - /<o •.�,n ij ! L�iO 1.-1—U0 _ Dare (Revisod 6/18/2012) i l Q G. &' 'CK" WILMINGTON, NC - X\ v r1a Excise Tax — 10 1 61D Filed for registration on the .... Ziez ......... Day of -5), �- --- ----- ---- 19 -A//',' 'clock . . ... Y-a ... M. and registered in the office of the Register of Deeds for Pender County in Book N4-1-3 PageA/L�J> Regis(er of Deets for PENDLR COUNTY Recording Time, Book and Page Tax Lot No ....................................................... .................. Parcel Identifier No. - ........... ... .. ... ...... Verified by AWL--4� .. ..... r) ..................... I ............... ...... I ........... County on the ................ day of .......... ........ ................. ... ............. 19......... by Mail after recording to ................................. .................................. I .......... .............. .................. 11 ... ............ I ................ .................. .1, ....... - ..................................................................... -This instrument was prepared by ............ HarOld L..-J?-Q1.1QC�k,-At.Wr.ney. at. .. Law .... .............. ...... .... .. Brief description for the Index I To sail TownshiD I NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ..... 20 . .... day Of ..._...,June .. - , 19.. K-, by and between GRANTOR ROBERT O. BENSON and wife, CAROL B. BENSON Entcr In ,vvr.vri.te 1,N,k far —1, GRANTEE THOMAS J. TOMLINSON and wife, DIAM M. Ta4LINSON RECEIVED MAR 2 8 2016 DC Y1-� p , ; �" C i--Y RECEIVED MAR 2 9 2016 DCN1- r,!,HD CITY Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary March 22, 2016 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Tom Tomlinson / Pender County • Nancy Gerald / New Hanover County Kyle & Heather: Please publish the attached Notice in the Friday, March 25, 2016 issue BRAXTON DAVIS Director The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of 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 Liz Hair - USACE Joanne Steenhuis - DWR Michele Walker - DCM Sincerely, Shaun K. Simpson Permitting Support &Customer Ass' tance Nothing Compares!" � RECEIVED MAR 2 8 2016 DCM- IWHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E#., Wilmington, NC 28405 910-796-7215 Eli NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On March 11, 2016, Tom Tomlinson proposed to replace a failing bulkhead at 304 Gull Rd, adjacent to Old Topsail Creek, in Hampstead, Pender County; and on March 15, 2016, Nancy Gerald proposed to expand an existing docking facility at 13 Bahama Dr., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County. Copies of the applications can be examined or copied at the office of Jason Dail (PN Co.), or Robb Mairs (NH Co.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 15, 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. Nothing Compares�.� RECEIVED MAR 2 8 2016 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext.. Wilmington, NC 28405 910-796-7215 MAJOR PERMIT FEE SCHEDULE Tomlinson / Pender/ $400 / #9782 DCM % DWQ % Development Ta 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, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if \ General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 490 (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 MAR 2 8 2016 DCM- MHD CITY DENR CAMA Check L for WIRO IDail Dft Reeehred Date pepos� d Check From (Name) Name ofPermh Holder Vendor Check Cheek Number amount Permit Number/Comments Receipt or Refund/Reallocated 2/19/2016 2/23I2018 2/24I2016 2f 4/2016 2/26/2016 2/22/2016 2/25/2016 2/P5/2016 2Y15Y2016 3/4/2016 Ray "Many' McGowan Brent & Sherrie Turnersame Daniel Shidey/Overbeck Marine_ Construction_ Inc iLaboccetla Michael Afdy/ANA Builders Inc. _ _ Vamama Dacks & Bulkheads Inc. Duke Energy Progress _ Wells Fargo 5981' $400.00 GP 66331D _ TM rcL 0415D _ _ . Wells Fargo 3869 $100 00 minor fee, Lot 4 Chestnut St. NTB Ons. JD rct. 1736D and Stokely SunTrust 4580 $450 00 GP 66332D for Labocetta @$200 RM rct. 1473D _ major fee, Stokely, 512 N. Channel Dr. WB J Cad , Jennifer Sandlin 112Bank 7774 $100.00 Lane SC minor fee, 656 Spot PnCO JD rt. 1737D Emma Mims & Jen Adams BB 8T 7052 $200.00 GP 66304D SF rct. 1610D 3/20016 3/4/2016 J. Michael Randall _ Joel Winegarden 3/2/2016 3/4/2016 MO/Brandon Grimes Lawrence Parkstioarks Family Leasing Co. 3/2/2016 3/2/2016 Stephen COMMai outheCoastal C _astem onst. Co Timothy Moore _ _First Howard Ramsey 3/2/2016 3/2/2016 Darrell Erny)Lighthouse Marine COnstr. Inc Bob Barnett _ _ 3/2/2016 3/2/2016 Will Richardson/RichaMson Conslmction Lee McConnell 3/3/2016 3/4/2618 Randy MosleylAllied Marine Contractors LLC Kevin & Wendy Longenecker 3/4/2016 3/4/2016 Charles Riggs & Associates John and Janet Brogan 3/4/2016 _ Hobie BuRnglon/Boatznght Inc. David & Ellen Surprise _ Hobie BuRngton/Boatznghl Inc. David Young/Gejan, LLC - m 3/4/2016 Kim Louchs & Camlyn Hirst -Loucks sae 3/4/2016 H5 Construction/Matt Hon Rene Ltalien Y7/2016 MO from Calvin Muncy Oak Island Beach Villas 3/7/2016 Stephen Conway/Southeastern Coastal Consl. Co Tom Tomlinson 3/8/2016 _ _ _ Jimmy North/Coastal Marine Piers Bulkheads LLC Burrows Smith —Wells 3/8/2016 Cliff Pender/Solstice Builders LLC Ben Goetz _NC SECU _ Wells Fargo _ Federal B Of A _ BB &T 2867 $100.00 $200.00 $400.00 $400.00 E200.00 $200.00 $100.00 $200.00 minor fee, 38 Porpoise Place NTB One _ JD rct. 1740D GP 66341D _ _ _ _ _ _ JD rct. 1739D GP 66339D $200 _ ,RM rot. 1474D GP 66338D QS200 GP 66340D _ JD rot 17380 GP 66303D _ _SF rt. 1609D GP 662710 HS rut. 1518D minor fee, 140 Walter R. Atkinson Rd. SC PIN JD Mt. 1741 GP 66344D RM rct. 1475D 17-335655415 9778 5769 8275 B o/A 8168 First Citizens Bank First Citizens Bank First Citizens Bank �Secumy Savings Bank, SSB BB &T 'USPS money order F t Federal Fargo First Citizens Bank 14449 2282 2249 $200.00 GP 66342D RM rel. 1475D _ 584' _ $400 00 Go 66337D _ $200.00 GP 66335D $100.00 minor fee, 1000 Caswell Bch, Rd. CB BfCO $400.00 major fee. 304 Gull Road, Hempstead PnCa _ $200 00 GP 66347D _ _ $200.00 GP 66190D SF rct. 1613D 1444 _ SF rct. 1616D 23494660805 TM mt. 0448D 9782 JD rct. 1742D 20730 RM nat 1476D 12640 TM rct. 0447D am rn- 0 Energy. Mineral& Land Resources ENVIRONMENTAL OUALRY July 12, 2016 Mr. Tom Tomlinson 304 Gull Road Hampstead, NC 28443 Subject: EXEMPTION Stormwater'Pro'ect No. SW8 160316 Tomlinson Bullhead Project Pender County Dear Mr. Tomlinson: PAT McCRORY Cowrnor DONALD R. VAN DER VAART Secretary TRACY DAVIS Director On March 22, 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 sub ect project. Staff review of the plans and specifications on March 23, 2016 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerningg this matter please contact Christine Hall at (910) 796-7215, or via e-mail at christine.hall@ncderingov. Si &Tracya�Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/canh: \\\Stormwater\Permits & Projects\2016 \160316 Exemption\2016 07 permit 1RECEIVED' cc: Stephen B. Conway; Southeastern Coastal Construction Tender County Planning Department JUL 2 0 2016 Heather Coats/Shaun Simpson-DCM WIRO Wi lmington - ei0,`-armyvaterFile DCM- fi4HD CITY State of North Carolina i EnOronmental Qual@y I Energy, Mineral and land Resources Wilmtngton Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 2W5 9107967215 'ZONE C.:� 77YEf. , GUtts " Pa:2.s rB.V of'llcv Fff%SEtI ON �C LaYH7701t1" :9d5�0iAGO �E .1N :<Gt:d4D 2a IvES ,� ANfl'� . . ,�irao vG s�s�c✓Sia!v , oc::ssir:y is it zvcrao ,5- . - IV cp,, ?k fe�wc�y'tl * ' Ei G•E1tT%i1 AA@E t a"Aw . . �tll�uiottmaae R6 Wi13 : mo xvEa;Ei uxe a %. ✓MfLb1013E-Ew .p} MAR 17 2016 1 a .J . a 1. .. .l•-: r ne M d Af elp .. � ' (f S i•In' �Epi� ,5'�l, �P ^+00 Yfiro - i �q #� E�%4�`„��S` Pam/ $ �F1�9�,1'r . � �"� ' '4: :.'�, ,'�,v' �.r-''• £ '` X i f i g 1R(sLi qq . . _ Y . v�L+ ..jS.If;v:✓:.-. .- •,}^: `f ter+'.: :`{�'•',.v{��-",(y�yr i•E `y ".�q' ZMt y>R I�L� Aa' 'T• /. 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