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HomeMy WebLinkAboutWDN Bailey/Bailey & Associates (2):f, i Application Processing Notes Applica Type: (check all that apply) New Major Mod_ Permit# Minor Mod_ Renewal_ Transfer Permit Coordinator: Field Date Time Message / WEssELL & RANEY, L.L.P. ATTORNEYS AT LAw POST OFFICE Box 1049 WILMINGTON, NORTH CAROLINA 28408-1049 JoRN C. WMSEnn, III W MSEi.IQREt1.BOUTu.N W WRa A. RAN , JR. WARAKE Off ,T OUTR.NET July 2, 2015 Mr. Braxton Davis 400 Commerce Avenue Morehead City, NC 28557 Mr. Doug Huggett 400 Commerce Avenue Morehead City, NC 28557 Mr. Robb Mairs 127 Cardinal Dr. Ext. Wilmington, NC 28405 Re: CAMA Major Permit Application Bailey & Associates, Inc., Applicant Grandview Community Marina 202 Summer Rest Road Dear Messers Davis, Huggett and Mairs: STRE ADDRMS: 107-B NORTR 2m STREET WR. WIN N,NC 98401 TmIwRoNE: 910-789-7475 FAcemfRs: 910-789-7557 We represent the Town of Wrightsville Beach ("Town"). This letter is written to express the objection of the Town to issuance of a CAMA Major Development Permit to Bailey & Associates, Inc. for a proposed marina project called Grand View Community Marina at 202 Summer Rest Road, Wihnington, NC. The application is dated June 8, 2015. The cover letter with the application is dated June 9, 2015. The application provided to the Town by the applicant contains copies of letters to adjacent riparian owners dated June 18, 2015. The Town is adamantly opposed to issuance of a permit for this proposed project. The Town's opposition has been expressed several times in the past when other proposals have been made for changes to the existing facilities at this site. The Towns opposition is based primarily on the fact that the proposed facilities are located on, over and around the Town -owned sanitary sewer force main which carries all of the raw sewage from the Town to a wastewater treatment plant on the mainland owned and operated by the Cape Fear Public Utility Authority. The sewer line is known as the Northeast Interceptor or NEI. The Town commented on a prior proposal by the applicant in a letter dated October 1, 2008. Excerpts from that letter are as follows: RECEIVED JUL 0 6 205 July 2, 2015 Page 2 "1. Unreasonable danger to Town of Wrightsville Beach sewer line - There is a main sewer line known as the Northeast Interceptor which carries all of the sanitary sewage from the Town of Wrightsville Beach to a regional wastewater treatment plant. If this line were to be damaged during pier construction, pier maintenance, dredging or operation of vessels, the damage to public health and the environment would be catastrophic. The plan discloses many reasons why this concern is real and immediate. 1.3. Maintenance — The need to periodically maintain, repair or replace the sewer line will be made impossible by the existence of the pier and docks. 1.4. Emergency Repairs — The need for emergency repairs is even more problematic as every minute that repairs are delayed could result in hundreds of gallons of raw sewage entering the water. Removal of the vessels and structures would surely take hours to accomplish before repairs could begin. Recent experience with other portions of the Northeast Interceptor sewer line in the vicinity of Hewlett's Creek shows that sewer lines of this vintage have a real possibility offailure. Z Holation of Town Is easement rights - The Town obtained an easement from the State of North Carolina to locate this sewer line on state owned submerged lands. The Town also acquired a CAMA Major Permit with renewals and modifications for installing the sewer line... The permit application in paragraph X.D. indicates that all work was to be done in DOT right-of-way and waters owned by the State of North Carolina. The current application of Bailey & Associates shows that the sewer line crosses the high water mark at a point on the DOT right -of way. The sewer line then proceeds into the riparian area of the DOT right-of-way property. The DOT (State of North Carolina) riparian area is established by extending the riparian line from the high water mark perpendicular to the channel of Motts Creek. The easement from the State of North Carolina to the Town of Wrightsville Beach gives the Town property rights in the area over which the pier[is] built. It is fundamental real estate law that the owner of the land over which an easement is granted cannot "use his land in such away as to obstruct or interfere with the exercise of the easement or inconsistent with its purposes... ". Webster's Real Estate Law in North Carolina. 5`t' Edition, Hedrick & McLaughlin, §15.23. The construction of piers and docks within the easement granted by the State of North Carolina to the Town of Wrightsville Beach obstructs and interferes with the Town's exercise of its easement rights and should not be allowed. " RECEIVED (copy of 2008 letter is enclosed) JUL 0 0 2015 V,:M�"hw cwu July 2, 2015 Page 3 The Town would like to elaborate on those objections and draw attention to certain rules and legal principles that the Town believes require denial of the application. The principal objections relate to property rights and public safety and can be summarized as follows: The applicant is proposing to do work in a riparian area to which it has no rights. 2. The applicant is infringing on the easement rights granted by the State of North Carolina to the Town for construction of the NEI. 3. The construction and use of the marina will increase the risk of damage to the sewer line and the existence of the pier and dock and docked vessels will delay emergency response to a catastrophic spill caused by damage or normal deterioration. The Town would like to supplement its prior comments regarding riparian area and easement rights as follows: Riparian Area The applicant's ownership extends only to the mean high water line. A Declaration of Final Resolution of Claim to Submerged Land recorded in Book 2317 at Page 398 of the New Hanover County Registry denies the applicant's claim to any areas below mean high water. At the eastern end of the applicant's property where applicant's property line intersects the North Carolina DOT right of way property line the applicant's shoreline faces Motts Creek. A line perpendicular to Motts Creek channel is the appropriate delineation of the riparian area allocated to the applicant. The issuance of prior permits and permit modifications allowing construction of a pier and docks in the NCDOT riparian area were made in error. This error should not be compounded by a significant enlargement of these structures and the allowance of dredging in areas that are not within the applicants riparian corridor. Encroachment on Town Easement The Town was granted an easement by the State of North Carolina "to construct, install, improve, replace, inspect, repair and maintain a sanitary sewer pipeline" as depicted on drawings attached to the easement. The easement was approved by the Governor and Council of State on May 4, 1982 and signed by the Governor on Mav 27. 1982. This easement grants rights that are superior to any rights purportedly conferred by a CAMA Permit for construction of a pier and docks in the same location. The State has no right to grant an easement or other authorization for any person to utilize the same easement area already conveyed to the Town if the additional use impairs the authorized use by the Town. (See US v. Seagate, Inc., 397 F Supp. 1351 (EDNC 1975). An owner can grant easements to third parties allowing third parties to use an easement area previously granted, but only if "such additional easements do not unreasonably interfere with the original easement holders usage of the original easement." Webster's Real Estate Lati (WW6rth JUL 06 20h July 2, 2015 Page 4 Carolina, 6`l' edition, Section 15.23. The location of pier and dock structures within the Town's easement constitutes an unreasonable interference with the Town's right to construct, maintain and repair its sewer line. In addition, the Town asks that DCM carefully consider the following CRC rules that the Town believes require denial of the permit application: 7H.0207(c) & (d) 7H.0208(a)(2)(G) 7H.0208(b)(5)(A) 7H.0208(b)(5)(D) 7H.0208(b)(5)(F) 7H.0208(b)(5)(H) 7H.0208(b)(6)(G)(ii) 7H.0208(b)(6)(I) The Town would welcome the opportunity to discuss these concerns with appropriate representatives of DCM. Thank you for your consideration of these comments. Yours very truly, WESSELL & RANEY, L.L.P. C . John C. Wessell, III JCW:dc JC WNWbch\WO8-097-C 100 RECEIVED JUL 0 6 1015 I Joan C. WESSELL, III WESSELIQBELLSOUTH.NET WmLum A. RANEYY, JR. WARANEYOBELLSODTH.NET WESSELL & RANEY, L.L.P. ATTORNEYS AT LAW POST OFFICE BOX 1049 WILMINOTON, NORTH CAROLINA 28402-1040 October 1, 2008 VIA U.S. MAIL AND FAX (350-2004) Mr. Steve Everhart Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: CAMA Major Permit #84-01 Bailey & Associates, Inc. Modification application Dear Mr. Everhart: STREET ADDRESS: 107-D NORTH HMO STREET WnAGNG ON, NC 28401 TELEPHONE: 910-762-7475 FAcsnax E: 910-762-7557 We represent the Town of Wrightsville Beach. The Town has received notice of an application for an additional modification of Permit 84-01 now held by Bailey & Associates, Inc. The modification request was mailed to the Town by letter dated September 15, 2008 from Jim Hundley of Waterline, a marine contractor. The Town submits the following comments on the application and objects to the permit modification for the following reasons: APPLICATION ISSUES MP-1 Form 4.a. - The total length of shoreline along the high water line is only about 4001, not the 850+/- claimed. The applicant apparently measured the shoreline length either along the low water line or a combination of the low water line and an arbitrary line through the marsh. 4.b. - The size of the tract should be calculated as the area above mean high water. This area appears to be in the neighborhood of 8,000 square feet rather than the 43,877 square feet claimed by the applicant. Most of the square footage claimed by the applicant is submerged land. RECEIVED JUL 0 6 10b Wi;Mq "MW 49Wx Mr. Steve Everhart October 1, 2008 Page 2 MP-4 Form 2. - Section 2 of MP-4 relating to docking facility and marina operations is marked "this section not applicable". Although the amount of dock space appears to qualify this for a marina designation, the applicant contends that it is limited to 10 slips. Nonetheless, it is a docking facility that will have the capability of docking large vessels and the form should be completed. In particular, the Town of Wrightsville Beach has concerns about uncontrolled discharge of waste from marine heads and the applicant should provide information on this issue. 7.a. - The location of the riparian property line is represented to be 15' south of the proposed structures. However, the bulk of the structures are located within the riparian area of the North Carolina Department of Transportation. This issue will be addressed in subsequent parts of this letter. OBJECTIONS AND GROUNDS FOR PERMIT DENIAL 1. Unreasonable danger to Town of Wrightsville Beach sewer line - There is a main sewer line known as the Northeast Interceptor which carries all of the sanitary sewage from the Town of Wrightsville Beach to a regional wastewater treatment plant. If this line were to be damaged during pier construction, pier maintenance, dredging or operation of vessels, the damage to public health and the environment would be catastrophic. The plan discloses many reasons why this concern is real and immediate. I.I. Construction - The location of the sewer line is not shown on the plan beyond the first finger pier. The gazebo and all four finger piers are proposed to be built over the line, but it is unclear where the pilings to which the finger piers are attached will be located. The driving or jetting of pilings has the real potential of damage to the sewer line during construction. 1.2. Dredging - The plan is not clear regarding the extent of dredging but it appears that the dredging is proposed up to and perhaps beyond the sewer line where the line goes under the westernmost finger pier. The dredging is proposed to a depth of -6' MLW. At least part of the line near the low water mark is only -2 below the ground surface. As the line proceeds under the proposed gazebo into the area proposed for dredging, the notation on the plan indicates that the sewer line is 2' below the mud line. The water depth in this area is about -3' MLW, thereby putting the sewer line at -5' MLW. This results in dredging to a depth below the sewer line. Obviously it is impossible to dredge to -6' MLW in this area without damaging or affecting the integrity of the line. Even` fElt%e JUL 0 6 2015 40 :",Qw4 A"A Mr. Steve Everhart October 1, 2008 Page 3 dredging stops short of the line, the sloughing of the soil could cause the line to become exposed or to be unsupported. 1.3. Maintenance - The need to periodically maintain, repair or replace the sewer line will be made impossible by the existence of the pier and docks, including the fixed structures such as the gazebo. Bolting the floating section is not adequate accommodation for maintenance or repair as the entirety of the finger piers and associated pilings would have to be removed to accommodate construction barges. 1.4. Emergency Repairs - The need for emergency repairs is even more problematic as every minute that repairs are delayed could result in hundreds of gallons of raw sewage entering the water. Removal of the vessels and structures would surely take hours to accomplish before repairs could begin. Recent experience with other portions of the Northeast Interceptor sewer line in the vicinity of Hewlett's Creek shows that sewer lines of this vintage have a real possibility of failure. 2. Violation of Town's easement rights - The proposed gazebo and all four finger piers are constructed over the Town's sewer line. The Town obtained an easement from the State of North Carolina ("Easement" attached as Exhibit A) to locate this sewer line on state owned submerged lands. The Town also acquired a LAMA Major Permit with renewals and modifications for installing the sewer line. (Permit and application attached as Exhibit B). Exhibit B consists of the renewal modification permit issued in March 1982 and a further modification issued in July 1982. The Town records did not include the original permit apparently issued in 1978. The permit application in paragraph X.D. indicates that all work was to be done in DOT right-of-way and waters owned by the State of North Carolina. The current application of Bailey & Associates shows that the sewer line crosses the high water mark at a point on the DOT right -of way. The sewer line then proceeds into the riparian area of the DOT right-of-way property. The DOT (State of North Carolina) riparian area is established by extending the riparian line from the high water mark perpendicular to the channel of Motts Creek. The easement from the State of North Carolina to the Town of Wrightsville Beach gives the Town property rights in the area over which the pier, the gazebo and all of the finger piers are proposed to be built. It is fundamental real estate law that the owner of the land over which an easement is granted cannot "use his land in such a way as to obstruct or interfere with the exercise of the easement or inconsistent with its purposes...". Webster's Real Estate Law in North Carolina, 5tt Edition, Hedrick & McLaughlin. The construction '2FCEIVED JUL 0 6 2015 HS1M-4pAC1 G.1I �. Mr. Steve Everhart October 1, 2008 Page 4 of piers and docks within the easement granted by the State of North Carolina to the Town of Wrightsville Beach obstructs and interferes with the Town's exercise of its easement rights and should not be allowed. 3. Violation of CAMA and CRC Rules 3.1 G.S. 113A-120(a)(2) - The proposed development is in the estuarine waters AEC and must meet the standards in G.S. 113- 229(e) which are incorporated by reference in G.S. 113A-120(a) (2) . G.S. 113-229(e) provides, inter alia, that a permit application can be denied if "there will be a significant adverse effect on the public health, safety or welfare...". In this case the expanded docking facilities/marina will extend into an area that is heavily used at times as a safe navigation/waiting area for vessels waiting to use the North Carolina Wildlife Resources Commission boat ramp at Wrightsville Beach. The proposed docking facility is also located in the navigation area for vessels waiting for periodic bridge opening of the Wrightsville Beach drawbridge. This is an extremely congested area and further obstruction of navigable water constitutes a significant adverse effect on the public health, safety and welfare. The safety issue is compounded by the applicant's indication that the typical size of the vessels using the facility will be 65 feet. Vessels of this size will have a difficult time maneuvering into the slips proposed even if the area were not congested by other boats. Navigation in and out of the slips will be further complicated by the fact that there is a significant current in the entire area of the proposed docks. The public health, safety and welfare will also be significantly adversely affected by the construction of the pier and docking facilities over the main sewer line for the Town of Wrightsville Beach. (See previous comments). 3.2. - G.S. 113A-120(a)(5) - Public trust waters The proposed development is in the Public Trust Water AEC. The statutory standard for this AEC requires the development to be denied if it will jeopardize the public rights or interests specified in G.S. 113A- 113 (b) (5) . Among public trust rights is the right of navigation. The extended proposed docking facility is located in an area heavily used for public navigation. The slips extend across the deepest water leading to the docking facilities located along Summer Rest Road. The 5 outermost slips are over the deepest water providing navigation to and from Motts Creek. The docks occupy the channel leading from the private boating facilities along Summer Rest Road to the channel of the AIWW. RECEIVED JUL 0 6 2015 u""- NU €ffu Mr. Steve Everhart October 1, 2008 Page 5 3.3. - G.S. 113A-120(a)(8) - State Guidelines and Local Land Use Plans - The proposed project is inconsistent with State guidelines found in 15A NCAC, subchapter 7H and within the Local Land Use Plan for New Hanover County and Wilmington. 3.3.1. - 7H.0207(c), (d). The proposal is inconsistent with the management objective of protecting public rights of navigation and recreation set forth in .0207(d) which states: "In the absence of overriding public benefit, any use which significantly interferes with the public right of navigation or other public trust rights which the public may be found to have in these areas, shall not be allowed." While piers and even marinas are examples of the uses acceptable in public trust areas, they are subject to the proviso that "such uses will not be detrimental to the public trust rights." For the reasons stated above, the public has an intense and necessary navigational use of the area which should not be preempted by the construction of the docking facility. The above -referenced rules specifically provide that "projects which would directly or indirectly block or impair existing navigation channels, ... are generally considered incompatible with the management policies of the public trust areas." 3.3.2. - 7H.0208(a)(2)(H) Among the general use standards applicable to coastal wetlands, estuarine waters and public trust areas is the following: "Development shall not impede navigation or create undue interference with access to, or use of, public trust areas or estuarine waters." 3.3.3. - 7H.0208(b)(5) This facility should be considered a marina because the extent of the dockage space readily accommodates in excess of 10 boats for permanent dockage. 3.3.4. - 7H.0208(b)(5)(B) RECEIVED JUL 0 6 2015 cok_140AA,y G„K Mr. Steve Everhart October 1, 2008 Page 6 This rule provides that for marinas associated with residential development are allowed no more than 27 square feet of public trust area for every linear foot of the shoreline. An accurate measure of the applicant's shoreline along the normal high water mark is only about 4001. This allows the use of 10,800 square feet of public trust area. The public trust area occupied by the proposed docks, not including the access pier, is roughly 16,000 square feet. 3.3.5 - 7H.0208(b)(5)(F) This rule requires approval of controlling parties in areas which have been deeded by the State. The State has granted a deed of easement to the Town of Wrightsville Beach for the Town's sewer line which is located where the pier and docking facilities are proposed. 3 . 3 . 6 - 7H. 0208 (b) (5) (H) , (I) The applicant's proposal does not "minimize on navigation and public use of public applicant "avoid adverse impacts on maintained channels and their immediate the above -referenced rule. The applicant size of the facility and to navigation money at the expense of public uses. 3.3.7 - 7H.0208(b)(6)(D) adverse effects trust areas" nor does the navigation in federally boundaries" as required in has no right to expand the areas simply to make more The above -referenced rule limits the square footage of docking facilities based on the applicant's shoreline length. As previously set forth, the length of the applicant's shoreline is about 400' rather than the 850' claimed by the applicant. The applicant is allowed 4 square feet per linear foot of shoreline or 1,600 square feet for the combined area of "T"s finger piers, platforms and decks. The combined area for these facilities proposed by the applicant is 4,004 square feet if all of the floating docks are considered finger piers, or 3,304 square feet if the main floating dock is considered a part of the pier. In either case the combined total area greatly exceeds the area allowed by the rule. 3.3.8 - 7H.0208(b)(6)(J)(ii) The applicant's proposal extends the pier, including the finger piers, into the channel of Motts Creek. The above -referenced rule prohibits structures which extend into the channel portion of a water body. RECEIVED JUL 0 6 1015 �M'�'a Clrw Mr. Steve Everhart October 1, 2008 Page 7 3.3.9 - 7H.0208(b)(6)(J)(iii) The proposed docking facility extends more than 1/4`" the distance across the body of water. The applicant indicates that the width of the water body is 485, measured from the edge of the marsh on the west side of the Intracoastal Waterway to the high water mark on the east side. This allows a facility to extend 121.251 from the edge of the marsh into the body of water. The floating dock structures extend about 160' from the edge of the marsh, thus exceeding the 1/41" rule by a significant amount. In addition, when a creek or channel comes into a larger body of water such as is the case here, the 1/4`" rule should use the equidistant method of establishing a center line for the body of water so that a 1/41° width can be established as the smaller channel enters the larger body of water. This assures that the center M of the body of water remains open for public use. Although the Motts Creek area in this location consists of a complicated shoreline, it appears that the finger piers extend well into the middle % of Motts Creek Channel as it connects to the Intracoastal Waterway, thereby violating the 1/4`" rule. 3.3.10. - Wilmington/New Hanover County Land Use Plan, Part III, Section A, Policy 3.20 In relevant part the above -referenced policy states: "Prohibit new dredging activities in shell fishing waters (SA)...". There are exceptions to this policy for certain activities and for areas previously dredged, none of which are applicable to this application. This prohibition is similar to, but much broader than, the CRC rule that prohibits new dredging in primary nursery areas (PNAs). The City/County policy applies to outstanding resource waters and SA waters in addition to PNAs. The prohibition extends to all SA waters whether open to shell fishing or not. When I questioned the City and. County staff during the development of the plan concerning the breadth of the SA dredging prohibition, they responded that they intended the policy to apply to both open and closed shell fishing waters. Accordingly, the dredging portion of the project is inconsistent with the City/County Land Use Plan. 3.3.11. - Wilmington/New Hanover County Land Use Plan, Part III, Section A, Policy 3.4 and Strategies 3.4.5 and 3.4.6 These policies relate to eliminating pollution from municipal wastewater treatment systems by assuring continuing inspection, maintenance and repair. The location of the fixed parts of the proposed pier and the floating docks and associated pilings directly over the City/County main sewer line serving all of Wrightsville Beach will provide a significant obstacle to inspecting, RECEIVED JUL 0 6 za W-NwHo C�!>, I Mr. Steve Everhart October 1, 2008 Page 8 maintaining and repairing the sewer line in accordance with this policy. For the reasons stated herein the Town of Wrightsville Beach respectfully requests that the permit modification requested by Bailey & Associates be denied. WAR:dc CC: Mr. Bob Simpson Mr. John C. Wessell, III Mr. Mike Vukelich JC \wr h\W08-09]-00] Sincerely, WESSELL & RANEY, L.L.P. Attorneys for Town of Wrightsville Beach William A. Raney, Jr. RECEIVED JUL 0 6 1015 ucao-wMW Q i NIC-. Coastal Management ENVIRONMENTAL OUALITV March 15, 2016 Mr. Steve Morrison Land Management Croup, Inc. 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 PAT MCCRORY GoNmor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Re: Request for CAMA Application Withdrawal- Grand View Community Marina Dear Mr. Morrison: This letter is in reference to the CAMA Major Permit application request that you submitted to the Division of Coastal Management on June 9, 2015, on behalf of Bailey & Associates, for a proposed community marina at 202 Summer Rest Road, Wilmington, New Hanover County. A request for additional information was sent on August 9, 2015, and the application has been on hold since that date. On February 26, 2016, the Division of Coastal Management received your request to withdraw the permit application referenced above. As such, this file will be retired and considered closed in status. Please contact me at (910)-796-7302, or by email at: heather.coats(i4ncdenr.gov if you have any question of if I can be of additional assistance. Sincerely, Y��ca?�. Cozzi Heather Coats Assistant Major Permits Coordinator Cc: MHC Files/WiRO Files Nothing Compares..,._ RECEIVED MAR 21 2016 DCM— W H C d Y State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E)d., Wilmington, NC 28405 910-796-7215 LMG LAND MANAGBMW GROUP tin Environmental Consultants February 26, 2016 Mr. Robb Mairs Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: CAMA Major Permit Application Grand View Community Boating Facility, AIWW, New Hanover County Dear Robb, Oh behalf of Bailey and Associates, Inc., I am requesting withdrawal of the CAMA Major Permit application accepted as completed in June 2015 for proposed expansion of the docking facility at 202 Summer Rest Road, Wilmington, NC. Plans for the proposed expansion have been modified in response to agency comments received during review of that application. At the direction of NCDCM, the application was re -submitted as a new permit application in February 2016. In order to allow for continued processing, it is requested that the earlier (2015) permit application be withdrawn. Sincerely, /Ve-1/47v Steve Morrison Environmental Consultant Cc: Bailey and Associates, Inc. aECEiVED DCM WILMINGTON, NC FEB 2 8 2616 RrECEV .3 MAR 21 2016 DCM- [:�HC Ci ;+Y www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 U.S. Postal Service.. CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) delivery information visit our website at PS Form 0800. June 2002 See Reverse for Inslrucumns Certified Mail Provides: ■ Amailing receipt (avamtf1 moz iron r'ooes vuod se ■ A unique identifier for your mallpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priory Mail& ■ Certified Mal Is notavailable for any lass of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt ma be requested to provide proof of delivery. To obtain Return Receipt semce, pease complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece'Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPS• postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agant. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Defivery'. • If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. t IMPORTANT: Save this receipt and present it when making air inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. A KOM North Carolina Department of Environment and Natural Resources Pat McCrory' Governor August 9, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED Bailey and Associates c/o Chris. Bailey P.O. Box 400 Jacksonville, NC 28541 Donald R. van der Vaart Secretary SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Grand View Community Marina, New Hanover County Dear Sirs: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington regional office on June 9, 2015. Processing of the application is ongoing. However, it has been determined that additional.information will be required prior to the. Division taking final action on your application. These required items are summarized below: 1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that, prior to taking final action on a project of this nature, a Water Quality Certification for the proposed development must first be approved by the Division of Water resources (DWR). Based upon the attached request for information from the DWR dated July 30, 2015, it appears as though additional information from the applicant will be required before a final decision on the issuance of a Water Quality Certification can be made. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the required information is provided to the DWR, a Water Quality Certification is issued for the project, and a copy of the approval supplied to this office. 2) In accordance with 15A NCAC 07J.0204(b)(4), a CAMA Major Permit application must contain a copy of a deed or other instrument under which the applicant claims title to the property(s) where the proposed development is to take place. In this case, the North Carolina Department of Transportation (NCDOT) has indicated through numerous e- 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-66001 Internet: www.nodenr.gov An Equal Opportunity t Affirmative Action Employer — Made In pad by recycled paper mails (see attached) that NCDOT maintains a 150' right of way within the AIW W adjacent to the Wrightsville Beach Bridge. NCDOT has further indicated that "no encumbrances" will be allowed with this right of way,_ Due to the fact. that a portion of the proposed project will take place within NCDOT's right of way, the Division must now consider the permit application for the proposed project incomplete until such time as either a) the NCDOT grants permission in writing for the project to take place within their right of way, or b) the project is modified in a manner that eliminates any encroachment into the NCDOT right of way. If you can provide to this office a copy of the requested information within five working days from the date of this letter, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808, or by email me at doug.huggett@ncdenr.gov. S' !rely, Doug Huggett Division of Coastal Management Major Permits Coordinator Cc: Robb Mairs, DCM Jim Gregson; DWR Steve Morrison, LMG Huggett, Doug From: Mairs, Robb L Sent: Tuesday, July 14, 2015 12:33 PM To: Huggett, Doug Subject: FW: Application for CAMA Major Permit, 202 Summer Rest Road, Wilmington, NC Attachments: img-713112130-000I.pdf; img-713112204-0001.pdf Doug, Here is an email received from Stoney Mathis with the NC DOT in receipt of the notification he received. Thanks, From: Mathis, Stonewall D Sent: Monday, July 13, 2015 11:19 AM To: Mairs, Robb L Cc: Law, Anthony W; Ray, Carl E; Thompson, Hugh; Collette, Karen E.; McCracken, Marty; Hughes, Benjamin T; Mathis, Stonewall D Subject: RE: Application for CAMA Major Permit, 202 Summer Rest Road, Wilmington, NC Hey Robb, I am in receipt of the attached package (comprised of the two attachments to this email). The Department's comments remain the same as stated in the May 26th email response below from Ben Hughes. Thank you, Stonewall Mathis From: Hughes, Benjamin T Sent: Tuesday, July 07, 2015 2:29 PM To: Mairs, Robb L Cc: Law, Anthony W; Ray, Carl E; Thompson, Hugh; Mathis, Stonewall D; Collette, Karen E.; McCracken, Marty Subject: FW: Application for CAMA Major Permit, 202 Summer Rest Road, Wilmington, NC Robb, We've received the following re -submittal for comment (attachment 201507071410.pdf). The Departments comments remain the same as stated in my May 26th email response below. Thank you, Benjamin T. Hughes, PE Senior Assistant District Engineer North Carolina Department of Transportation 300 Division Drive, Wilmington, NC 28401 office:(910) 261-2656 From: Hughes, Benjamin T Sent: Tuesday, May 26, 2015 1:29 PM To: 'hairs, Robb L' Cc: Anthony Law (alawCalncdot.00v); Ray, Carl E; Thompson, Hugh; Mathis, Stonewall D Subject: Application for CAMA Major Permit, 202 Summer Rest Road, Wilmington, NC Mr. Mairs, For the subject permit and request for comments (attachment 201505111120.pdf), the Department maintains that right of way width of 150' projects over the AIWW and reiterates our previous comment that no encumbrances be allowed within. Supporting documentation attached. Please feel free to contact me if you have any questions. Thank you, Benjamin T. Hughes, PE Senior Assistant District Engineer North Carolina Department of Transportation 300 Division Drive, Wilmington, NC 28401 Office; (910) 251-2655 Email correspondence to and from this sender Is subject to the N.C. Public Records Law and may be disclosed to third parties. Huggett, Doug From: Mairs, Robb L Sent: Thursday, July 09, 2015 3:55 PM To: Huggett, Doug Subject: FW: Message from "RNP0026734B386A" Attachments: 201507091538.pdf Doug, Here is the signed form from DOT on the Bailey and Assoc. major permit application. Thanks, •..: -----Original Message ----- From: Hughes, Benjamin T Sent: Thursday, July 09, 2015 3:50 PM To: Mairs, Robb L Subject: FW: Message from "RNP0026734B386A" Robb, See attached, as discussed - please forward to Doug. I am getting an error when I put in the email that I have written down for him. Thank you, Benjamin T. Hughes, PE Senior Assistant District Engineer North Carolina Department of Transportation 300 Division Drive, Wilmington, NC 28401 Office: (910) 251-2655 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. l" DISTRICT 3 � "A I;lCjri 2 g 2015 NCDENR RECEIVED North Carolina Department of Environment and Natural Resource Pat McCrory Governor June 25, 2015 TO: Anthony Law . NC DOT New Hanover County Donald R. van der Vaart Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-69) SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: Bailey & Associates, Inc. c/o Chris Bailey Project Location: 202 Summer Rest Rd., adjacent to Motts Channel and the AIWW, in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July 18, 2015. 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 ar incorporated. See attached. =This agency objects to the project for reasons described in the attached comments. SIGNED `�j'�— DATE 7— 9— 16 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 Phone: 910-796.72151 FAX: 910-395-3964 Internet www.nccoastalmaneaement.net An Equal OpportunitylMinerva Action Employer Huggett, Doug From: Mairs, Robb L Sent: Tuesday, July 07, 2015 2:42 PM To: Huggett, Doug Subject: FW: Application for CAMA Major Permit, 202 Summer Rest Road, Wilmington, NC Attachments: tidewater easement to dot-2.pdf; shoreacres judgment.pdf; shoreacres map.pdf; tidewater easement to dot.pdf; 201505111120.pdf; 201507071410.pdf Doug, Here are DOT'S comments for this project. Thanks, From: Hughes, Benjamin T Sent: Tuesday, July 07, 2015 2:29 PM To: Mairs, Robb L Cc: Law, Anthony W; Ray, Carl E; Thompson, Hugh; Mathis, Stonewall D; Collette, Karen E.; McCracken, Marty Subject: FW: Application for CAMA Major Permit, 202 Summer Rest Road, Wilmington, NC Robb, We've received the following re -submittal for comment (attachment 201507071410.pdf). The Departments comments remain the same as stated in my May 26th email response below. Thank you, Benjamin T. Hughes, PE Senior Assistant District Engineer North Carolina Department of Transportation 300 Division Drive, Wilmington, NC 28401 Office: (910(2SI.26SS From: Hughes, Benjamin T Sent: Tuesday, May 26, 2015 1:29 PM To: 'Mairs, Robb L' Cc: Anthony Law (alaw@ncdot.gov); Ray, Carl E; Thompson, Hugh; Mathis, Stonewall D Subject: Application for CAMA Major Permit, 202 Summer Rest Road, Wilmington, NC Mr. Mairs, For the subject permit and request for comments (attachment 201505111120.pdf), the Department maintains that right of way width of 150' projects over the AIWW and reiterates our previous comment that no encumbrances be allowed within. Supporting documentation attached. Please feel free to contact me if you have any questions. Thank you, Benjamin T. Hughes, PE Senior Assistant District Engineer North Carolina Department of Transportation 300 Division Drive, Wilmington, NC 28401 Office:(910) 251-2655 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Pat McCrory Governor AACM5'S' R North Carolina Department of Environment and Natural Resources July 30, 2015 CERTIFIED MAIL: 7010 0290 0003 0834 4926 RETURN RECEIPT REQUESTED Bailey And Associates Mr. Chris Bailey P.O. Box 400 Jacksonville NC 28541 Subject: REQUEST FOR ADDITIONAL INFORMATION Grand View Community Marina Dear Mr. Bailey, Donald R. van der Vaart Secretary DWR # 2011-0410v2 New Hanover County On June 29, 2015, the Division of Water Resources (Division) received your application requesting a 401 certification to expand and existing docking facility to accommodate up to 17 vessels, mechanically dredge an approximate area of 6,700 square feet, construct additional access piers, floating docks, finger piers, and mooring pilings. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: The Northeast Interceptor (NEI) force main carves the full amount of sanitary sewage flow from the Town of Wrightsville Beach to a sewer pump station owned by the Cape Fear Public Utility Authority (CFPUA). The pump station transmits the sewage to the Southside Wastewater Treatment Plant. In the area of the proposed project, the NEI is owned by the Town of Wrightsville Beach and is the sole means by which sanitary sewage leaves the Town of Wrightsville Beach. For much of the previous four decades, the condition and flow capacity of the NEI has been a concern to all entities which contribute to it, own it, and maintain it and only recently have these issues begun to be resolved. This proposed expansion also includes dredging of an approximate area of 6,700 square feet of shallow bottom by bucket -to -barge (mechanical excavation) method. Although the application states that the applicant would maintain a 15 foot separation from the NEI, based upon the plan sheets submitted with the CAMA Major Permit application, the project includes several areas of dredging and expansion located within a few feet of the NEI sewer line. Since only 110 lineaECEIVED feet of the NEI was located, we have no way of determining what impact the proposed project 0 810b would have beyond what is shown on the plans. AUG 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.ncdenr.gov An Equal Opportunity 1 AfArmetive Action Employer- Made in part by recycled paper Grand View Community Marina 2011-0410v2 Page 2 of 4 According to the CAMA Major Permit application, in some areas the sewer line lies only two feet below the shallow bottom. The dredging includes some areas with proposed finished depths that will be lower than the depth of the NEI itself. This creates the potential for exposure of the line within the project area. Should anything occur to damage the NEI or render it inoperable, the implications to the environment, to public health, and to the costs incurred by the Town and the CFPUA could be disastrous. To this point, the Town of Wrightsville Beach and the CFPUA have both objected to the project as proposed. Please address their comments and concerns and provide a survey showing the complete location of the NEI. Also, include a contingency plan describing what measures will be taken should anything happen to the integrity or operation of the NEI during dredging or the proposed expansion of the existing facility. Also include what measures will be taken should the need arise for periodic maintenance of the NEI since it appears from the application that there will be fixed structures (pilings and a gazebo) located within the easement. [15A NCAC 02H .0502(b)(3)] 2. As proposed, a portion of the docking facility lies within the Department of Transportation (DOT) right-of-way for the Wrightsville Beach Bridge. In addition, according to the application, the dredging is proposed within the DOT right-of-way. The NCDOT has stated that "no encumbrances will be allowed within" the right-of-way. Please address the concerns of the DOT (see attached). [15A NCAC 02H .0502(c)] 3. According to a letter dated July 2, 2015, from Wessell & Raney, L.L.P. (representing the Town of Wrightsville Beach), the "Town is adamantly opposed to issuance of a permit for this proposed project". This letter also states that the "Town was granted an easement by the State of North Carolina to `construct, install, improve, replace, inspect, repair, and maintain a sanitary sewer pipeline' as depicted on the drawings attached to the easement." The Town also states that the "locations of pier and dock structures within the Town's easement constitutes an unreasonable interference with the Town's right to construct, maintain, and repair its sewer line." The Town also believes that it has property rights for the location of where the proposed structures are to be built. Given the fact that there appears to be a dispute as to which party actually has property rights to the area where the proposed dredging occurs and where structures will be constructed. Please provide agent authorization or some other form of documentation showing that the Town has given its consent to the proposed project. [15A NCAC 02H .0502] Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. RECEIVED AUG 0 3 lot Grand View Community Marina 2011-0410v2 Page 3 of 4 Please respond in writing within 30 calendar days of receipt of this letter by sending three (3) copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Please contact Chad Coburn at 910.796.7379 or Chad.CoburnAncdenr.eov or myself at 910.796.7386 or Jim.Greson ,ncdenr.gov if you have any questions or concerns. R ft(�ft� gional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Cc: Jennifer Burdette- DWR 401 and Buffer Permitting Unit Doug Huggett — DCM Morehead City Tyler Crumbley — USACE Wilmington WiRO gECENEo 00S0m �y,uw,0C Grand View Community Marina 2011-0410v2 Page 4 of 4 Rscv,4ED AUG 0 S 10�� From: Mathis, Stonewall D Sent: Monday, July 13, 201511:19 AM To: Mairs, Robb L Cc: Law, Anthony W; Ray, Carl E; Thompson, Hugh; Collette, Karen E.; McCracken, Marty, Hughes, Benjamin T, Mathis, Stonewall D Subject: RE: Application for CAMA Major Permit, 202 Summer Rest Road, Wilmington, NC Attachments: img-713112130-0001.pdf; img-713112204-0001.pdf Hey Robb, I am in receipt of the attached package (comprised of the two attachments to this email). The Department's comments remain the same as stated in the May 26a email response below from Ben Hughes. Thank you, Stonewall Mathis From: Hughes, Benjamin T Sent: Tuesday, July 07, 2015 2:29 PM To: Mairs, Robb L Cc: Law, Anthony W; Ray, Carl E; Thompson, Hugh; Mathis, Stonewall D; Collette, Karen E.; McCracken, Marty Subject: FIN: Application for CAMA Major Permit, 202 Summer Rest Road, Wilmington, NC Robb, We've received the following re -submittal for comment (attachment 201507071410.pdf). The Departments comments remain the same as stated in my May 26t6 email response below. Thank you, Benjamin T. Hughes, PE Senior Assistant District Engineer North Carolina Department of Transportation 300 Division Drive, Wilmington, NC 28401 Ofnce:(910)251-26SS From: Hughes, Benjamin T Sent: Tuesday, May 26, 2015 1:29 PM To: 'Mairs, Robb L' RECEIVED Cc: Anthony Law (alaw a@ncdot.00v); Ray, Carl E; Thompson, Hugh; Mathis, Stonewall D p g 1015 Subject: Application for CAMA Major Permit, 202 Summer Rest Road, Wilmington, NC AUG Mr. Mairs, For the subject permit and request for comments (attachment 201505111120.pdfl, the Department maintains that right of way width of 150' projects over the AIW W and reiterates our previous comment that no encumbrances be allowed within. Supporting documentation attached. Please feel free to contact me if you have any questions. Thank you, Benjamin T. Hughes, PE Senior Assistant District Engineer North Carolina Department of Transportation 300 Division Drive, Wilmington, NC 2MI Office: (910) 251-2655 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. RECEIVED AUG � S 10b Ali ATTORNEYS AT LAW PosT ®F7xcE Box 1049 WIId1 mGTON, NORTH CAROLINA 28402-1049 JOBN 0. WESSELL, III WESSELI{}9E1LBODTH.HET Wimu A. RANEY, JR. WARANRY@BE ODTH.NET July 2, 2015 Mr. Braxton Davis 400 Commerce Avenue Morehead City, NC 28557 Mr. Doug Huggett 400 Commerce Avenue Morehead City, NC 28557 Mr. Robb Mairs 127 Cardinal Dr. Ext. Wilmington, NC 28405 Re: CAMA Major Permit Application Bailey & Associates, Inc., Applicant Grandview Community Marina 202 Summer Rest Road Dear Messers Davis, Huggett and Mairs: STREET ADDRESS: 107-B NORTH W* STREET WH,Mu,`GTON, No 28401 TELEPHONE: 910-762-7475 FAosm E: 910-762-7557 We represent the Town of Wrightsville Beach ("Town"). This letter is written to express the objection of the Town to issuance of a CAMA Major Development Permit to Bailey & Associates, Inc. for a proposed marina project called Grand View Community Marina at 202 Summer Rest Road, Wilmington, NC. The application is dated June 8, 2015. The cover letter with the application is dated June 9, 2015. The application provided to the Town by the applicant contains copies of letters to adjacent riparian owners dated June 18, 2015. The Town is adamantly opposed to issuance of a permit for this proposed project. The Town's opposition has been expressed several times in the past when other proposals have been made for changes to the existing facilities at this site. The Town's opposition is based primarily on the fact that the proposed facilities are located on, over and around the. Town -owned sanitary sewer force main which carries all of the raw sewage from the Town to a wastewater treatment plant on the mainland owned and operated by the Cape Fear Public Utility Authority. The sewer line is known as the Northeast Interceptor or NEI. The Town commented on a prior proposal by the applicant in a letter dated October 1, 2008. Excerpts from that letter are as follows: RECEIVED 7CM WILMINGTON, N0 AL 06 ?0a5 July 2, 2015 Page 2 V. Unreasonable danger to Town of Wrightsville Beach sewer line - There is a main sewer line known as the Northeast Interceptor which carries all of the sanitary sewage from the Town of Wrightsville Beach to a regional wastewater treatment plant. If this line were to be damaged during pier construction, pier maintenance, dredging or operation of vessels, the damage to public health and the environment would be catastrophic. The plan discloses many reasons why this concern is real and immediate. I.3. Maintenance — The need to periodically maintain, repair or replace the sewer line will be made impossible by the existence of the pier and docks. I.4. Emergency Repairs — The need for emergency repairs is even more problematic as every minute that repairs are delayed could result in hundreds of gallons of raw sewage entering the water. Removal of the vessels and structures would surely take hours to accomplish before repairs could begin. Recent experience with other portions of the Northeast Interceptor sewer line in the vicinity of Hewlett's Creek shows that sewer lines of this vintage have a real possibility offailure. Z. Violation of Town Is easement rights - The Town obtained an easement from the State of North Carolina to locate this sewer line on state owned submerged lands. The Town also acquired a CAMA Major Permit with renewals and modifications for installing the sewer line... The permit application in paragraph X.D. indicates that all work was to be done in DOT right -of -catty and waters owned by the State of North Carolina. The current application of Bailey & Associates shows that the sewer line crosses the high water mark at a point on the DOT right -of way. The sewer line then proceeds into the riparian area of the DOT right -of -may property. The DOT (State of North Carolina) riparian area is established by extending the riparian line from the high writer markperpendicular to the channel ofMotts Creek The easement from the State of North Carolina to the Town of Wrightsville Beach gives the Town property rights in the area over which the pier[isj built. It is fundamental real estate law that the owner of the land over which an easement is granted cannot "use his land in such a may as to obstruct or interfere with the RECENED exercise of the easement or inconsistent with its purposes...". Webster's Real AUO 0 8 1015 Estate Law in North Carolina 5 Edition, Hedrick & McLaughlin, §15.23. The construction of piers and docks within the easement granted by the State of North 6,004AH9 611" Carolina to the Town of Wrightsville Beach obstructs and interferes with the Tom's exercise of its easement rights and should not be allowed. " (copy of 2008 letter is enclosed) RECEIVED DCM KlIL-MINGTON, NO JUL 0It? 15 July 2, 2015 Page 3 The Town would like to elaborate on those objections and draw attention to certain rules and legal principles that the Town believes require denial of the application. The principal objections relate to property rights and public safety and can be summarized as follows: The applicant is proposing to do work in a riparian area to which it has no rights. 2. The applicant is infringing on the easement rights granted by the State of North Carolina to the Town for construction of the NEI. 3. The construction and use of the marina will increase the risk of damage to the sewer line and the existence of the pier and dock and docked vessels will delay emergency response to a catastrophic spill caused by damage or normal deterioration. The Town would like to supplement its prior comments regarding riparian area and easement rights as follows: Riparian Area The applicant's ownership extends only to the mean high water line. A Declaration of Final Resolution of Claim to Submerged Land recorded in Book 2317 at Page 398 of the New Hanover County Registry denies the applicant's claim to any areas below mean high water. At the eastern end of the applicant's property where applicant's property line intersects the North Carolina DOT right of way property line the applicant's shoreline faces Motts Creek. A line perpendicular to Motts Creek channel is the appropriate delineation of the riparian area allocated to the applicant. The issuance of prior permits and permit modifications allowing construction of a pier and docks in the NCDOT riparian area were made in error. This error should not be compounded by a significant enlargement of these structures and the allowance of dredging in areas that are not within the applicants riparian corridor. RECEIVED Encroachment on Town Easement AUG 0 3 1015 The Town was granted an easement by the State of North Carolina "to construct, install, improve, replace, inspect, repair and maintain a sanitary sewer pipeline" as depicted on drawings attached to the easement. The easement was approved by the Governor and Council of State on May 4, 1982 and signed by the Governor on May 27, 1982. This easement grants rights that are superior to any rights purportedly conferred by a CAMA Permit for construction of a pier and docks in the same location. The State has no right to grant an easement or other authorization for any person to utilize the same easement area already conveyed to the Town if the additional use impairs the authorized use by the Town. (See US v. Seagate, Inc., 397 F Supp. 1351 (EDNC 1975). An owner can grant easements to third parties allowing third parties to use an easement area previously granted, but only if "such additional easements do not unreasonably interfere with the original easement holders usage of the original easement." Webster's Real Estate Law in North RECEIVED OCM WILMINGTON. NO July 2, 2015 Page 4 Carolina 6a' edition, Section 15.23. The location of pier and dock structures within the Town's easement constitutes an unreasonable interference with the Town's right to construct, maintain and repair its sewer line. In addition, the Town asks that DCM carefully consider the following CRC rules that the Town believes require denial of the permit application: 7H.0207(c) & (d) 7H.0208(a)(2)(G) 7H.0208(b)(5)(A) 7H.0208(b)(5)(D) 7H.0208(b)(5)(F) 7H.0208(b)(5)(Ii) 7H.0208(b)(6)(G)(ii) 7H.0208(b)(6)(I) The Town would welcome the opportunity to discuss these concerns with appropriate representatives of DCM. Thank you for your consideration of these comments. Yours very truly, WE SELL & RANEY, L.L.P. KTkA4- C . John Wessell, III JCW:dc JCW Wbch\W08-097-C100 RECEIVED AUG U 3 2015 wi woAAHO RECEIVED DCM WI! VIINGTON, NG JULJUL6*'< Lv+, �n n+ar pleo o(st(-(60-k Or( «►� 6y ���fi ��,, y W� 4 f ✓ In P.e c e p t Qo rs Send tO OW -T�u se On %L, Cc A ISO nt-ej P f On h Ulf ,� �ti 6us� aviU< SPlP�d sue, C LMG LAND MANAGEMENT GROUPmr Environmental Consultants July 6, 2015 RECEIVED DCM WILMINGTON, NC TO: Robb Mairs NC Division of Coastal Management JUL o 9 2015 127 Cardinal Drive Ext. Wilmington, NC 28405 RE: CAMA Major Permit Application, 202 Summer Rest Road, Bailey and Associates Inc. Certified Mail Receipts Dear Robb: Please find enclosed original certified mail receipts from the adjacent landowner notifications for the above -referenced application. These notifications were the second set of notifications which followed DCM's request for additional information and revisions to the application. We appreciate your assistance with this projf Sincerely, ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse A. Sign re ❑ Agent so that we can return the card to you. C3 Addressee ■ Attach this card to the back of the mailpiece, or on the front if space permits. B. ed (Pdrded Name) 0 t� Date of Delivery Laura SAP tasavich 1. Article Addressed to: Mv_ 5�nej AA'�'lt•ls IN n D. Is tlelivery�g tl If YES, entMkldlPo�(j - a a - I es 17 ❑ N0 Land Management Grol. lJL 1J0? Np C �, I �(3�a vbo o(o s L31 rd • 'UL 092015 Encl. as stated 6&#Ir , "Iwl ^_ a t�29 CC. Chris Bailey, Ba; REGENEO E IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r 9590 9403 0119 5077 8185 69 2. Article Number (Transfer hom service label) ru.., _ PS Form 3811, April 2015 PSN 7530-02-000-9053 To k V) 04- FA i zol aldL(L w (_L� 2_3o N- E1rn SVUr 5(Xc�S � , Nc i I 3. Service Type ❑ AdultSignature ❑ pnodty Mail Express® Expr PriorPagisty Malerad ❑ /tdult Signature RestrcteG Delivery ❑ ❑ Registered Mail Restricteo ifietl Mail® ❑ Certified Mail Reshcted Delivery Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmionTM s ❑ Insured Mail ❑ Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery Domestic Return Receipt, R TCJ, W.W wnml /• ✓41C Og�0�u .— 1� N "Vc J.JWVlca type ❑Priority Mail s® IIIIIIIIIIII IIIII IIIIIIIIIIIIIIIIIIII IIIIIII ❑ Adult Signature ❑ Registered Mail*° ail- ❑ AduH S Maim Restricted Delivery ❑ Registered Mail Restricted 9590 9403 0119 5077 8185 76 O0CCe �e�d Mail Restricted Delivery Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature Congenetloi ❑ Insured Mail ❑ Signature Confirmation 7005 2570 0000 5704 2185 ❑ Insu ed Mal Restricted Delivery Reshcted Delivery lover ssoo) PS Form 3811, April 2015 PSN 7530-02-ODD-9053 Domestic Return Receipt l t I North Carolina Department of Environment'and Natural Resource Pat McCrory Governor Donald R. van'der Vaart Secretary June 25, 2015 MEMORANDUM: TO: Renee Gledhill -Early Dept. of Cultural Resources Archives & History FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator `1'I 4bO Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA J Dredge & Fill Permit Application Review. .Applicant: Bailey & Associates, Inc. c/o Chris Bailey t -t'�tS(ts Project Location: 202 Summer Rest Rd., adjacent to Motts Channel and the AIWW; in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate below your agency's position or viewpoint on the proposed project and :return this form to Doug Huggett at the address above by July 18, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth 4 _rcomments with supporting datais requested. RREPLY:- 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 •�' j J rJ.0 Division of CO251al Management 127 Cardinal Drive Ext., wdmington, K 22•S05 Five. 91179E-72151 FAX- 910-395-3g64 Internee w _V1 n coaslalmanaaement ret rry an FgWal .'�wm;Tyk:fri .a,%C1mampluyer Jurf it P )015 Pat McCrory Governor June 25, 2015 MEMORANDUM TO: Iy:ZeL5� SUBJECT: Applicant: Project Location: Proposed Project: r NCDENR North Carolina Department of Environment and Natural Resource Georgette Scott Stormwater Section DEMLR - WiRO ECEIVE JUN 2 5 2015 ft Donald R. van der Vaart Secretary Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) CAMA / Dredge & Fill Permit Application Review Bailey & Associates, Inc. c% Chris Bailey 202 Summer Rest Rd., adjacent to Motts Channel and the AIWW, in Wilmington, New Hanover County to expand the existing docking facility for the Grand View Community Marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July 18, 2015. 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: L 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 ADATE N.C. Division of Coastal Manage RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net JUL 07 206 AEqual Oppotunily1AffirmanceAnonErplor� ee "Y Whiu011V Pat McCrory Governor June 25, 2015 MEMORANDUM: TO JZ1611d SUBJECT Applicant: r NCwA DENR North Carolina Department of Environment and Natural Resource Heidi Cox Environmental Engineer Public Water Supply Donald R. van der Vaart Secretary UU 4@41 � Division o/ JUN 2 6 2015 WiIZO , of Water ee ourc Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) CAMA / Dredge & Fill Permit Application Review Bailey & Associates, Inc, c/o Chris Bailey Project Location: 202 Summer Rest Rd., adjacent to Motts Channel and the AIWW, in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July 18, 2015. 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. SIGNE[�_ DATE / S N.C. Division of Coastal Management RECEIVED 127 Cardinal Dive Ext., Wilmington, NC 28405 JUL 1Ut5 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.nel D(Fq-MR�d k µ,a An Equal Opportunity I Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary June 25, 2015 MEMORANDUM: TO: Dan Sams AIN 2 b• ?D1S District Manager DEMLR - WiRO FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: Bailey & Associates, Inc. c/o Chris Bailey Project Location: 202 Summer Rest Rd., adjacent to Motts Channel and the AIWW, in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggeft at the address above by July 18, 2015. 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. i u. ,f 4, per/p�s.,��L/'/ s Zoe,/ Ero s.cl 1w.1 �f r:•-,— W��l �'la✓L (U:'5 �� �v-•-� Oai e/ Thi S ThZagency objects to•_L,lrle project for reasons descri ed in the attached comments. SIGNED DATE 5' RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 jJL 07 2015 Phone: 910-796-72151 FAX: 910-395-3964 Internee, www.nccoastalmanagement.net An Equal Opportunity 1 Aifirtnalive Acton Employer Bk Ai�pHH FJiu Huggett, Doug From: Mairs, Robb L Sent: Monday, July 06, 2015 10:38 AM To: Huggett, Doug Subject: FW: Certified Mail Receipts -Bailey and Associates Attachments: green-cards-7 2015.pdf Doug, Here are the green cards for the Bailey and Assoc., Inc. major permit application. Thanks, 44 From: Laura Stasavich fmailto:Istasavich@Imgroup.net] Sent: Monday, July 06, 2015 9:52 AM To: Mairs, Robb L Cc: Steve Morrison Subject: Certified Mail Receipts_Bailey and Associates Hi Robb, Attached are certified mail receipts from the second landowner notifications for the Bailey and Associates CAMA Major Permit application. We will mail the originals to your office. Thank you - Laura Laura Stasavich Land Management Group, Inc. 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 910-452-0001(office) 910-452-0060(fax) Istasavich@lmsroua.net SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON - - - -- Complete Items 1, 2, and S. A: Sire gh ■ Print your name and address on the reverse - ' ❑ Agent t ;p�Addressee: so that we can return the card to you. Attach this card to the back of the mallplece,ed y (Panted Name) ` .0 ,Date of Delivery i or on the front If apace permits. _ e{�.. 074 oia--�. e 1. Article Atltlressood to: -. D, Is delivery address differs ( from Item 17 El Yes - fAV:5NA.t lV1KIv71"S ;_ If YES, enter delivery address below: ❑No i3a+'bwdus Blvd ` 1nt w(I^�C agIf I 3. Type Service Wise McMall r ❑ Adult Signature 0RdgdlYMell3rprass® El Reglatered I �I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ;klo❑ gqduit Signature Restricted Delivery _ MWIS M Registered Mall RssMctedi ;. ` Delivery 9590 9403 0119 5077 8185 89 dNed 0 Ced%d MNI Red,16ted Delivery D Return Rmelpt for _ _ - -_— [ 2. .Article Number (1hinsrerrmm seance label) - - ❑Collect on Delivery D Collect on DellveryRestricted Delivery ❑.Insured Mell IM.11"cise i O Signature Con@inadon^ i -13SignatureConlinatlon _ i (ui- ❑leeurotl Mali Restricted Delivery Restddea Delivery over _ I PS Form 381.1,'April 2015 PSN 7530-02.006-9053 Domestic Return Receipt SENDER:' O y • ■ Complete Items 1, 2, and 3. A Sign r ❑ Agent ■Print your name and address on the reverse _ 'CI'gddressee - so that we can return the card to you. - gd by (Panted Neme) C. Date of Delivery ! `. ■ Attach this card to the back of the mailpiece, i or on the front ifspacs permits:?- D. Is delivery address different from Item 17 tOi.yes I 1. Article Addressed to: .r If YES, enter delivery address below: ❑ No -�^ r . JO�hI °i'.Tit'17A Q�0.C�LN(C 60 2_RIi0 N. fF(th Sty' SaMcsTypodultSlnmum ❑RdgdyMag6xwess® , IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII '0 Adult 610Mlure ❑Adultelgneture Resided Dogvery; 13 O Registered M811- F ❑ Registered Mali Reetdctad' 9590 9403 0119 5077 8185 78 !a'Eadlflatl Mall® .fle�Deuve y o❑cCoollet D.Irvuy o M��i se onDy conDeliry Restricted Delivery D agnsturs Conflrmaterim' — Mell O Signature ContlnVaden 2. Article .Numbedifjlm5fe6alCl/q.SBNICe'IBf]a1) i '7005 257� 0000 5704 2185 .❑Insured 'D;inmaad Map ResMded Deliver/ _ 0v&$5 Restricted Delivery _ PS Forrn 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt C Huggett, Doug From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Tuesday, July 07, 2015 2:52 PM To: Michael.A.Davis@uscg.mil; Huggett, Doug; kathryn_matthews@fws.gov, Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; Tiffany.A.Johnson@uscg.mil; bowers.todd@epa.gov, evelynn.b.samms@uscg.mil; Wilson, Debra; Ellis, John; Fritz Rohde - NOAA Federal; Gledhill-earley, Renee; Horton, James T SAW; poden.p.pedrus@uscg.mil; Coburn, Chad; Mairs, Robb L; Scott. D.McAloon@uscg.mi1; Derek.J.Burrill@uscg.mil; Doug las.C.Simpson@uscg.mil Cc: Crumbley, Tyler SAW, Hair, Sarah E SAW Subject: SAW-2011-00775 / 202 Summer Rest Rd Marina / Bailey and Associates / New Hanover County / CAMA Major_GP291 Attachments: 202 Summer Rest Road Community Marina.kmz; CAMA Application and BioReport_ 2011-00775_202 Summer Rest Rd.pdf; ePN_2011-00775_202 Summer Rest Rd -Bailey and Associates.pdf, Plans.pdf 0 Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit modification request, and proposed plans for the subject project. The attached notice requests federal agency comments on this project by 6 August, 2015. The applicant proposes to expand upon an existing dock by constructing a 17-slip marina with associated dredging within Motts Creek adjacent to the AIWW in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.218812 N,-77.812594 W. The proposed marina configuration consists of removal of the existing dock and construction of a 116' x 6' floating dock with four 23' x 3.5' floating dock fingers; three 30' x 3.5' fingers; a 60' x 6' floating "T'; a 73' x 6' fixed pier (Motts Creek); as well as a 16' x 16' fixed dock and a 20' x 14' gazebo on Motts Creek. The proposal also includes dredging of an area 160' x 90' to 4 MLW (810 cy) with disposal at the USACE Disposal Site #248. Total impacts to waters of the U.S. are 2,934 sq. ft of dock and 0.33 acre of new dredging. Please see the field. investigation report and the application for more detailed information concerning the proposed project. A copy of the applicant's CAMA request and plans are attached. Also, attached is a Google Earth (kmz) file of the project area. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The proposed dock impacts are anticipated to be minimal due to the temporary nature of the installation, but the current water depths are-1.5'to 4 MLW and the new dredge work proposed may adversely affect habitat. The project area is not designated as PNA. SAV is not expected to be present based on observation from aerial photography. The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines will be required as a condition of this proposed action. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. ZWKWA 40. NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary June 25, 2015 MEMORANDUM: TO: Kathryn Thurston Zoning Dept. City of Wilmington FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: Bailey & Associates, Inc. c% Chris Bailey Project Location: 202 Summer Rest Rd., adjacent to Motts Channel and the AIWW, in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July 18, 2015. 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. twtslCLe 6t 1,m*i-H1. This agency approves of the project only if the recommended changes are incorporated. See attached. is agency objects to the project for reasons described in the attached comments. SIGNED DATE I `� N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.ncooastalmanaaement.net RECEIVED An Equal Opportunity l Aifimiative Action Employer JUL 0g 2015 NCD NR North Carolina Department of Environment and' Natural Resource Pat McCrory Governor June 25, 2015 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax:, 252-247-3330 (Courier 11.12-09) SUBJECT: CAMA 1 Dredge & Fill Permit Application Review Applicant: Bailey & Associates, Inc. c% Chris Bailey Project Location: 202 Summer Rest Rd., adjacent to Motts Channel and the AIWW, in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggefi at the address above by July 18, 2015. If you have any questions regarding the proposed project, contact Robb Mains at (910)796-7423 when appropriate, in depth comments with supporting data is requested. 7 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 L DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX:910-395-3964 Internet: www.nccoastalmanaaement.nel An Equal Opportunity 1 Affirmalive Action Employer Huggett, Doug From: Mairs, Robb L Sent: Wednesday, July 15, 2015 8:25 AM To: Huggett, Doug Subject: FW: Bailey and Associates: Grand View Community Marina, Summer Rest Road. Doug, Here are comments I received by Mr. John Blackwell, which he is the property owner to the north of the Bailey and Associates property. Mr. Blackwell received notification of the permit application through certified mail. Thanks, 4a From: John Blackwell fmailto:johnrdblackwell(dcimail.com] Sent: Tuesday, July 14, 2015 4:22 PM To: Mairs, Robb L Subject: Bailey and Associates: Grand View Community Marina, Summer Rest Road. Robb, Thank you for making time to sit down with Jim Long and myself today. Please accept this email as my formal comments on this project. I have commented on this project several times in the past as well..... This is not your ordinary objection to a proposed application. This application to build 17 boat slips and 2 gazebo's in this tight/ highly traveled area is absolutely absurd. o The project is right on top of an active sewer line o The riparian rights lines aren't even drawn correctly o The DOT has right of way over most of this project o Those who use the public boat ramp are constantly circling near this project while they wait to take their boat out of water. o The first Gazebo blocks access to many who constantly bait fish on that creek o The traffic (boat and car) in that area is already too heavy... o The project restricts our egress/regress to our slips at low tide when you consider the oyster bed. This project is clearly too big for this site and will not be received well by Wrightsville Beach, the DOT and the people that have used these waters recreationally for years. ***Please see that whomever is in charge of making a final decision on this case personally visit this site. They will see immediately what we are all concerned about. There are no positives imbedded in this project at all.... It needs to be cut in half at a minimum. Thank you for looking out for us all. John Blackwell, direct neighbor to the north.. Huggett, Doug From: O'Keefe, Chris <COKeefe@nhcgov.com> Sent: Tuesday, July 21, 2015 2:31 PM To: Huggett, Doug Subject: Grand View Marina Attachments: SPLNGNH01215072113040.pdf Good afternoon Doug — Please find attached New Hanover County's form regarding Bailey & Associate's Grand View Marina Project. I also sent reply via the fax # provided on the form. Let me know if you need more information. Thanks, Chris From: adminNHCalnhcgov.com rmailto:adminNHenhcgov.coml Sent: Tuesday, July 21, 2015 2:05 PM To: O'Keefe, Chris Subject: Message from PLNGNHO12 Chris O'Keefe I Planning/Inspections Director Planning & Inspections I New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7164 p 1 (910) 798-7053 f Pat McCrory Governor June 25, 2015 MEMORANDUM: TO: MCDENR North Carolina Department of Environment and Natural Resource Chris O'Keefe, Director Planning & Inspections Dept. New Hanover Co. Donald R. van der Vaart Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: Bailey & Associates, Inc, c% Chris Bailey Project Location: 202 Summer Rest Rd., adjacent to Motts Channel and the AIWW, in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hupsaett at the address above by July 18, 2015. 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 aayects to the project for reasons described in the attached comments. SIGNED DATE x v ! 1 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: wwr.nccoastalmanaaementmet An Equs OppaMnily %A(finnaUve Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 13, 2015 Mr. Chris Bailey Bailey and Associates, Inc. P.O. Box 400 Jacksonville, NC 28541 Subject: EXEMPTION Stormwater Project No. SW8150617 Grand View Community Marina New Hanover County Dear Mr. Bailey: Donald van der Vaart Secretary 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 on June 25, 2015. Staff review of the plans and specifications 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 concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. Since ,, For Tracy E. DaviL91, P.E., Director Division of Energy, Mineral, and Land Resources GDS/ad: G:=\SharedlStormwaterlPermits & Projects120151150617 Exemption12015 07 permit 150617 cc: Steve Morrison; Land Management Group, Inc. RECEIVED New Hanover County Building Inspections Robb Mairs/Shaun Simpson JUL 21 2g15 Doug Huggett/ DCM?M,wrragn. Wilmington Regional Office Stormwater File Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796.72151 Fax: (910) 350-2004 - Internet: htto:l/oortal.ncdenr.orQ/web/ir/ ,, NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor June 25, 2015 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: Bailey & Associates, Inc. c% Chris Bailey Project Location: 202 Summer Rest Rd., adjacent to Motts Channel and the AIWW, in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July 18, 2015. 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. �7iCd.t! i_I Z7 Arnch S 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. ti SIGNED , 0 DATE -7/%J N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 JUL 2 0 ppg Phone: 910-796-72151 FAX, 910-395-3964Internet: www.nocoastaimana.gement.nel An Equal Opportunity 1 Alfinma6ve Acton Employer Ri raw NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary July 17, 2015 MEMORANDOM TO: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave, Morehead City, NC 28557 (Courier 11-12-09) From: Shannon Jenkins, Environmental Program Supervisor Through: Patti Fowler, Section Chief, Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: Bailey & Associates, Inc. c% Chris Bailey Project Location: 202 Summer Rest Rd., adjacent to Motts Channel and the AIWW, in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Manna It is requested that Shellfish Sanitation be notified by the contractor or the applicant's agent prior to commencement of dock construction and/or any dredging or other bottom disturbing activities. Initial notification should occur at least one week prior to the projected start date, and again 24 hours prior to the actual start date. It is requested that prior to construction, a field marking of the sewer mainline is performed by a professional utilities location company as stated in the application. If at any time during the construction phase it is suspected that the nearby force sewer mainline has been disturbed, Shellfish Sanitation should be notified immediately. Timely response is important in the event that a temporary shellfish closure and/or swimming advisory are necessary. Additionally, a post construction survey of the sewer line is recommended to assess sewer line integrity. Due to the relative shallow depth of the sewer line within the substrate there are concerns of potential future damage incurred from boat activities at the proposed dock. Shellfish Sanitation should be notified immediately in any instance of damage to the sewer line. RECEIVED 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdenr.gov JUL 2 0 10b An Equal opportunity 1 Arfirmabve Action Employer - Made in part by recycled paper Q�v From: 07/21/2015 13:04 #457 P.001/001 77 "::" FCDETR North Carolina Department of Environment and Natural Resource Pat McCrory . Donald R. van der Vaart Governor Secretary June 25, 2015 MEMORANDUM: Chris O'Keefe, Director TO: Planning & Inspections Dept. New Hanover Co. FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: Bailey & Associates, Inc. c/o Chris Bailey Project Location: 202 Summer Rest Rd., adjacent to Motts Channel and the A/WW, in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate below your, agency's position or viewpoint on the proposed project and return this form to Doup Hunaett at the address above by July 18, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This age n y ects to the project for reasons described in the attached comments. SIGNED DATE l 1 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: v .nccoastalmanaaemenl.net An Equal Opportunity 1.41Fiucalive Action Employer LTIMA NCDENR North Carolina Department of -Environment and Natural Resource Pat McCrory Governor June 25, 2015 MEMORANDUM: TO: Gregg Bodner Fisheries Resource Specialist DCM, Morehead City Donald R. van der Vaart Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) , SUBJECT: CAMA / Dredge & Fill Permit Application Review Applicant: Bailey &A"ssociates Gic- c1o=Chd"afley, Project Location: 202 Summer Rest Rd., adjacent to Motts Channel and the A1WW, in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Hu_agett at the address above by1Juty-18; 2015.- 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 f N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 - Phone: 910-796-72151 FAX: 910-395-3964Internet: vnnv.nccoastalmanaaement.nel JUN 919 21115 An Equal OpporlunilylAlfrmalivakbon Employer - DCra- 0mr)rgN WNW North Carolina Department of Environment and Natural Resources Pal McCrory Governor MEMORANDUM TO: Doug Huggett, DCM Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Bailey & Associates (202 Summer Rest Rd. Wilmington) DATE: 7/17/2015 Donald R. van der Vaart Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to dredge and construct a pier extension with 17 slips available. Dredging dimensions are 160ft. long by 90ft. wide to a depth of -4ft. at mean low water (MLW) resulting in approximately 810 yd3 of spoil to be deposited on a privately owned spoil island (USACE #0248). The pier and floating docks will create 14 permanent slips, two transient slips and one kayak launch totaling 17 slips for mixed type vessels ranging from 16ft. to 30ft. in length. Coastal wetlands (CW) are present and waters are classified as Secondary Recreation (SB) and are closed to shellfish harvest by the NC Division of Marine Fisheries Shellfish Sanitation Section. The proposed 17 slips are within a closed shellfish harvest area. If the INC DMF Shellfish Sanitation Section determines that the addition of these slips increases the shellfish closure, then I object to any number of slips that would result in the additional closure of shellfish harvest grounds. A sewer pipe owned by the Town of Wrightsville Beach has been partially marked and runs along the north side of the proposed docking facility (slips 9-14). The marked section of the sewer pipe terminates at slip 10, leaving an unknown portion of the pipe unaccounted for at an unknown depth. Primary Nursery Areas (PNA's) are located in close proximity to the proposed site. PNA's are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNA's because they afford food and protection during vulnerable periods of their life history. There is significant concern that large draft vessels utilizing the docking facility can come into contact with the sewer pipe causing a breach that would introduce significant amounts of E. coli contaminated waste water into the ecosystem, causing significant adverse impacts to marine and estuarine resources at the project site. The dredge footprint is located adjacent to coastal marsh and the sewer main. There is significant concern that the dredge operation could come into contact with the sewer pipe causing a breach and introducing significant amounts of E. coli contaminated waste water into the ecosystem, causing significant adverse impacts to marine and estuarine resources at the project site. Further information concerning the exact location and depth at MLW of the sewer pipe is needed before an assessment 1601 Mail Service Center, Raleigh, North Carolina 27699.1601 Phone: 919-707-8600%Internet: www.ncdenr.gov An Equal Opportunity1Nlirmative Action Employer- blade in part by recycled paper Huggett,_Doug From: Mairs, Robb L Sent: Friday, July 17, 2015 8:35 AM To: Huggett, Doug Subject: FW: CAMA Major Permit Application - Grand View Marina Attachments: CAMA Major Permit Application - Grand View Community Marina.pdf Doug, Good morning. Here is an email I received this a.m. from a property owner along Summer Rest Road objecting to the Bailey and Associates, Inc. proposal. Thanks, -----Original Message ----- From: Long Bessfmailto:besslong(@bellsouth.net] Sent: Thursday, July 16, 2015 6:45 PM To: Mairs, Robb L Cc: Long James S Subject: CAMA Major Permit Application - Grand View Marina Robb, Thank you for meeting with us on Tuesday. I'm sending you my letter of objections to the marina on my wife's computer as mine is not working properly. Please let me know if you have trouble opening and I will try another option. We will stay in touch. Jim From: James Long <jimlong207@gmail.com> Subject: CAMA Major Permit Application - Grand View Community Marina Date: July 16, 2015 5:55:05 PM EDT To: Bess Long <besslong@bellsouth.net> To: Robb Mairs, Thank you for meeting with John Blackwell and me on Tuesday, July 14th. As we expressed in our conversations, we are very concerned about the Marina being proposed by Bailey and Associates at the threshold to Summer Rest Road. Our neighborhood consists of approximately 70 homes and a city "Trail" that uses the Summer Rest Road as part of the trail. Everyone has to enter and exit the busy Hwy 74/76 where there is no traffic light by virtue of its close proximity to the Wrightsville Beach Draw Bridge. This is a heavily congested area. With 111 apartments and 15,000+ square feet of mixed use space soon to open at the Grand View Complex, we hesitate to imagine the congestion at this intersection. For the following reasons, we object to the proposed Bailey and Associates Marina which boarders this intersection: 1. More congestion at the entrance to Summer Rest Road. The proposed marina has no parking, maybe one space. 2. The proposed marina is separately owned by Bailey and Associates and even though the some entity owns the Grand View apartments, there is almost no way to feasible oversee who the marina users will be. They could be guest who walk over, others who come by car or even other slip renters not part of Grand View adding greatly to congestion. 3. Outside of the dredged Mott's Creek channel at the mouth to the AIWW, the creek itself is barely navigable. The 73' pier that is proposed would extend to a gazebo 20'X14'. At low tide this gazebo could be over what little water is left and in effect block water access for other users. 4. Three homes and one 6 slip community dock use the riparian Mott's Creek channel to access the AIWW. The proposed marina would narrow this small channel that boarders with an oyster rock island to the North and the proposed marina to the South with its 17 slips + untold numbers of wave runners, kayaks, and paddle boards and potentially create much congestion to the point of dangerous. 5. The busy Wrightsville Beach Boat Ramp is just across the AIWW. Boats wait to load on their trailers by circling in front of the draw bridge. Larger boats wait for the draw bridge to open. This body of water in front of the proposed Marina is highly congested at present. This could be why the CAMA Permit which Bailey and Associates now holds permits only two boat slips! The permit specifically states that in permitting TWO Slips it included wave runners and canoes! We respectfully request that this proposed marina be turned down. James S Long Bess S Long 207 Summer Rest Road Wilmington, NC 28405 jlong207@bellsouth.net 910-264-2271 C NCDENR North Carolina Department of Environment'and Natural; Resource Pat McCrory Donald R. vainder Vaatt Governor Secretary June 25, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Mark Zeigler WiRO . Division,of Community; Assistance Doug,Huggett,:NC DEN R-DCM-Major Permits Coordinator 400,CommerceAvenue, Morehead City, NC28557•Fax: 252-247-3330 (Courier 11-$2-09). CAMA / Dredge & Fill Permit Application Review Bailey & Associates, Inc. c% Chris Bailey 202 Summer RestRd., adjacent to Motts Channel and.,the AIWW, in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate"below your agency's position or viewpoint on the proposed project and return this form to Doug Huggetfat the address above by July _18,.2015. 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 iro.objectio.n 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' rr Pl✓5 w DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC28405 Phone: 910-796-72151 FAX:910395-39649nternst: www.nccoaslalmanagement.net 'An Equal Opportunity AKrmalive Action Employer i WEssELL & RANEY, L.L.P. ATTORNEYS AT LAW PosT OFFIcE Box 1040 WH.MINOTON, NORTH CAROLINA 28408-1049 JOR.N C. WWSRIJ., III R�KLIgBx. T.ODTR.NRT Wn.t m A. RAN , JR. WARAV6 @H6I.160DTR.Nw July 2, 2015 Mr. Braxton Davis 400 Commerce Avenue Morehead City, NC 28557 Mr. Doug Huggett 400 Commerce Avenue Morehead City, NC 28557 Mr. Robb Mairs 127 Cardinal Dr. Ext. Wilmington, NC 28405 Re: CAMA Major Permit Application Bailey & Associates, Inc., Applicant Grandview Community Marina 202 Summer Rest Road Dear Messers Davis, Huggett and Mairs: STREETADDRH s: 107-B NORTR 2"" STR= Wn,m[ OTON, NC 28401 TRI.ErnoNR: 910-762-7475 FAC6> MX: 910-792-7557 We represent the Town of Wrightsville Beach ("Town"). This letter is written to express the objection of the Town to issuance of a CAMA Major Development Permit to Bailey & Associates, Inc. for a proposed marina project called Grand View Community Marina at 202 Summer Rest Road, Wilmington, NC. The application is dated June 8, 2015. The cover letter with the application is dated June 9, 2015. The application provided to the Town by the applicant contains copies of letters to adjacent riparian owners dated June 18, 2015. The Town is adamantly opposed to issuance of a permit for this proposed project. The Town's opposition has been expressed several times in the past when other proposals have been made for changes to the existing facilities at this site. The Town's opposition is based primarily on the fact that the proposed facilities are located on, over and around the Town -owned sanitary sewer force main which carries all of the raw sewage from the Town to a wastewater treatment plant on the mainland owned and operated by the Cape Fear Public Utility Authority. The sewer line is known as the Northeast Interceptor or NEI. The Town commented on a prior proposal by the applicant in a letter dated October 1, 2008. Excerpts from that letter are as follows: RECEIVED JUL 0 6 2015 July 2, 2015 Page 2 "1. Unreasonable danger to Town of Wrightsville Beach sewer line - Acre is a main sewer line known as the Northeast Interceptor which carries all of the sanitary sewage from the Town of Wrightsville Beach to a regional wastewater treatment plant. If this line were to be damaged during pier construction, pier maintenance, dredging or operation of vessels, the damage to public health and the environment would be catastrophic. The plan discloses many reasons why this concern is real and immediate. I.3. Maintenance — The need to periodically maintain, repair or replace the sewer line will be made impossible by the existence of the pier and docks. L4. Emergency Repairs — The need for emergency repairs is even more problematic as every minute that repairs are delayed could result in hundreds of gallons of raw sewage entering the water. Removal of the vessels and structures would surely take hours to accomplish before repairs could begin. Recent experience with other portions of the Northeast Interceptor sewer line in the vicinity of Hewlett's Creek shows that sewer lines of this vintage have a real possibility offailure. 2. Violation of Town's easement rights - The Town obtained an easement from the State of North Carolina to locate this sewer line on state owned submerged lands. The Town also acquired a CAMA Major Permit with renewals and modifications for installing the sewer line... The permit application in paragraph X.D. indicates that all work was to be done in DOT right-of-way and waters owned by the State of North Carolina. The current application of Bailey & Associates shows that the sewer line crosses the high water mark at a point on the DOT right -of way. The sewer line then proceeds into the riparian area of the DOT right-of-way property. The DOT (State of North Carolina) riparian area is established by extending the riparian line from the high water mark perpendicular to the channel of Motts Creek. The easement from the State of North Carolina to the Town of Wrightsville Beach gives the Town property rights in the area over which the pier[W built. It is fundamental real estate law that the owner of the land over which an easement is granted cannot "use his land in such a way as to obstruct or interfere with the exercise of the easement or inconsistent with its purposes... ". Webster's Real Estate Law in North Carolina. Yh Edition, Hedrick & McLaughlin, §15.23. The construction of piers and docks within the easement granted by the State of North Carolina to the Town of Wrightsville Beach obstructs and interferes with the Town's exercise of its easement rights and should not be allowed. " (copy of 2008 letter is enclosed) RECEIVED JUL 0 6 2015 W"d M" 6,vw, July 2, 2015 Page 3 The Town would like to elaborate on those objections and draw attention to certain rules and legal principles that the Town believes require denial of the application. The principal objections relate to property rights and public safety and can be summarized as follows: 1. The applicant is proposing to do work in a riparian area to which it has no rights. 2. The applicant is infringing on the easement rights granted by the State of North Carolina to the Town for construction of the NEI. 3. The construction and use of the marina will increase the risk of damage to the sewer line and the existence of the pier and dock and docked vessels will delay emergency response to a catastrophic spill caused by damage or normal deterioration. The Town would like to supplement its prior comments regarding riparian area and easement rights as follows: Riparian Area The applicant's ownership extends only to the mean high water line. A Declaration of Final Resolution of Claim to Submerged Land recorded in Book 2317 at Page 398 of the New Hanover County Registry denies the applicant's claim to any areas below mean high water. At the eastern end of the applicant's property where applicant's property line intersects the North Carolina DOT right of way property line the applicant's shoreline faces Motts Creek. A line perpendicular to Motts Creek channel is the appropriate delineation of the riparian area allocated to the applicant. The issuance of prior permits and permit modifications allowing construction of a pier and docks in the NCDOT riparian area were made in error. This error should not be compounded by a significant enlargement of these structures and the allowance of dredging in areas that are not within the applicants riparian corridor. Encroachment on Town Easement The Town was granted an easement by the State of North Carolina "to construct, install, improve, replace, inspect, repair and maintain a sanitary sewer pipeline" as depicted on drawings attached to the easement. The easement was approved by the Governor and Council of State on May 4, 1982 and signed by the Governor on May 27, 1982. This easement grants rights that are superior to any rights purportedly conferred by a CAMA Permit for construction of a pier and docks in the same location. The State has no right to grant an easement or other authorization for any person to utilize the same easement area already conveyed to the Town if the additional use impairs the authorized use by the Town. (See US v. Seagate, Inc., 397 F Supp. 1351 (EDNC 1975). An owner can grant easements to third parties allowing third parties to use an easement area previously granted, but only if "such additional easements do not unreasonably interfere with the original easement holders usage of the original easement." Webster's Real Estate LavRSfiENFRth JUL 0 6 2015 July 2, 2015 Page 4 Carolina 64' edition, Section 15.23. The location of pier and dock structures within the Town's easement constitutes an unreasonable interference with the Towns right to construct, maintain and repair its sewer line. In addition, the Town asks that DCM carefully consider the following CRC rules that the Town believes require denial of the permit application: 7H.0207(c) & (d) 7H.0208(a)(2)(G) 7H.0208(b)(5)(A) 7H.0208(b)(5)(D) 7H.0208(b)(5)(F) 7H.0208(b)(5)(H) 7H.0208(b)(6)(G)(ii) 7H.0208(b)(6)(I) The Town would welcome the opportunity to discuss these concerns with appropriate representatives of DCM. Thank you for your consideration of these comments. Yours very truly, WESSELL & RANEY, L.L.P. C . 1�1ti t John . Wessell, III JCW:dc JC W \wrbch%W 08-097L I00 RECEIVED JUL 06 1015 WC'k iwnb' 414v JORN C. WW8Mx-, III WEssELIAgBEI OUTH.NIOP WH.I.IAm A. RANEY, JR. WARANEY@Rxl.soDTH.NET WESSELL By RANEY, L.L.P. A7TORNmYBAT LAW POST OFFICID Box 1049 WuzaNOTON, NORTH CAROLINA 28402-1049 October 1, 2008 VIA U.S. MAIL AND FAX (350-2004) Mr. Steve Everhart Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: CAMA Major Permit #84-01 Bailey & Associates, Inc. Modification application Dear Mr. Everhart: STREET ADDREss: 107-B NORTH 2— STREET Wna�GTON, NC 28401 TELEPHONE: 910-762-7475 FACOUdUX: 910-762-7557 We represent the Town of Wrightsville Beach. The Town has received notice of an application for an additional modification of Permit 84-01 now held by Bailey & Associates, Inc. The modification request was mailed to the Town by letter dated September 15, 2008 from Jim Hundley of Waterline, a marine contractor. The Town submits the following comments on the application and objects to the permit modification for the following reasons: APPLICATION ISSUES MP-1 Form 4.a. - The total length of shoreline along the high water line is only about 4001, not the 850+/- claimed. The applicant apparently measured the shoreline length either along the low water line or a combination of the low water line and an arbitrary line through the marsh. 4.b. - The size of the tract should be calculated as the area above mean high water. This area appears to be in the neighborhood of 8,000 square feet rather than the 43,877 square feet claimed by the applicant. Most of the square footage claimed by the applicant is submerged land. RECEIVED JUL 0 6 2015 kx;"-"M)d 61414 Mr. Steve Everhart October 1, 2008 Page 2 MP-4 Form 2. - Section 2 of MP-4 relating to docking facility and marina operations is marked "this section not applicable". Although the amount of dock space appears to qualify this for a marina designation, the applicant contends that it is limited to 10 slips. Nonetheless, it is a docking facility that will have the capability of docking large vessels and the form should be completed. In particular, the Town of Wrightsville Beach has concerns about uncontrolled discharge of waste from marine heads and the applicant should provide information on this issue. 7.a. - The location of the riparian property line is represented to be 15, south of the proposed structures. However, the bulk of the structures are located within the riparian area of the North Carolina Department of Transportation. This issue will be addressed in subsequent parts of this letter. OBJECTIONS AND GROUNDS FOR PERMIT DENIAL 1. Unreasonable danger to Town of Wrightsville Beach sewer line - There is a main sewer line known as the Northeast Interceptor which carries all of the sanitary sewage from the Town of Wrightsville Beach to a regional wastewater treatment plant. If this line were to be damaged during pier construction, pier maintenance, dredging or operation of vessels, the damage to public health and the environment would be catastrophic. The plan discloses many reasons why this concern is real and immediate. 1.1. Construction - The location of the sewer line is not shown on the plan beyond the first finger pier. The gazebo and all four finger piers are proposed to be built over the line, but it is unclear where the pilings to which the finger piers are attached will be located. The driving or jetting of pilings has the real potential of damage to the sewer line during construction. 1.2. Dredging - The plan is not clear regarding the extent of dredging but it appears that the dredging is proposed up to and perhaps beyond the sewer line where the line goes under the westernmost finger pier. The dredging is proposed to a depth of -6' MLW. At least part of the line near the low water mark is only -2 below the ground surface. As the line proceeds under the proposed gazebo into the area proposed for dredging, the notation on the plan indicates that the sewer line is 2' below the mud line. The water depth in this area is about -3' MLW, thereby putting the sewer line at -5' MLW. This results in dredging to a depth below the sewer line. Obviously it is impossible to dredge to -6' MLW in this area without damaging or affecting the integrity of the line. Even if the RECEIVED Jul 0 6 1015 Mr. Steve Everhart October 1, 2008 Page 3 dredging stops short of the line, the sloughing of the soil could cause the line to become exposed or to be unsupported. 1.3. Maintenance - The need to periodically maintain, repair or replace the sewer line will be made impossible by the existence of the pier and docks, including the fixed structures such as the gazebo. Bolting the floating section is not adequate accommodation for maintenance or repair as the entirety of the finger piers and associated pilings would have to be removed to accommodate construction barges. 1.4. Emergency Repairs - The need for emergency repairs is even more problematic as every minute that repairs are delayed could result in hundreds of gallons of raw sewage entering the water. Removal of the vessels and structures would surely take hours to accomplish before repairs could begin. Recent experience with other portions of the Northeast Interceptor sewer line in the vicinity of Hewlett's Creek shows that sewer lines of this vintage have a real possibility of failure. 2. Violation of Town's easement rights - The proposed gazebo and all four finger piers are constructed over the Town's sewer line. The Town obtained an easement from the State of North Carolina ("Easement" attached as Exhibit A) to locate this sewer line on state owned submerged lands. The Town also acquired a LAMA Major Permit with renewals and modifications for installing the sewer line. (Permit and application attached as Exhibit B). Exhibit B consists of the renewal modification permit issued in March 1982 and a further modification issued in July 1982. The Town records did not include the original permit apparently issued in 1978. The permit application in paragraph X.D. indicates that all work was to be done in DOT right-of-way and waters owned by the State of North Carolina. The current application of Bailey & Associates shows that the sewer line crosses the high water mark at a point on the DOT right -of way. The sewer line then proceeds into the riparian area of the DOT right-of-way property. The DOT (State of North Carolina) riparian area is established by extending the riparian line from the high water mark perpendicular to the channel of Motts Creek. The easement from the State of North Carolina to the Town of Wrightsville Beach gives the Town property rights in the area over which the pier, the gazebo and all of the finger piers are proposed to be built. It is fundamental real estate law that the owner of the land over which an easement is granted cannot "use his land in such a way as to obstruct or interfere with the exercise of the easement or inconsistent with its purposes...". Webster's Real Estate Law in North Carolina, 5" Edition, Hedrick & McLaughlin. The construction RECEIVEI) jai n g tug �.IM.INUv, i 1 Mr. Steve Everhart October 1, 2008 Page 4 of piers and docks within the easement granted by the State of North Carolina to the Town of Wrightsville Beach obstructs and interferes with the Town's exercise of its easement rights and should not be allowed. 3. Violation of CAMA and CRC Rules 3.1 G.S. 113A-120 (a) (2) - The proposed development is in the estuarine waters AEC and must meet the standards in G.S. 113- 229(e) which are incorporated by reference in G.S. 113A- 120 (a) (2) . G.S. 113-229(e) provides, inter alia, that a permit application can be denied if "there will be a significant adverse effect on the public health, safety or welfare...". In this case the expanded docking facilities/marina will extend into an area that is heavily used at times as a safe navigation/waiting area for vessels waiting to use the North Carolina Wildlife Resources Commission boat ramp at Wrightsville Beach. The proposed docking facility is also located in the navigation area for vessels waiting for periodic bridge opening of the Wrightsville Beach drawbridge. This is an extremely congested area and further obstruction of navigable water constitutes a significant adverse effect on the public health, safety and welfare. The safety issue is compounded by the applicant's indication that the typical size of the vessels using the facility will be 65 feet. Vessels of this size will have a difficult time maneuvering into the slips proposed even if the area were not congested by other boats. Navigation in and out of the slips will be further complicated by the fact that there is a significant current in the entire area of the proposed docks. The public health, safety and welfare will also be significantly adversely affected by the construction of the pier and docking facilities over the main sewer line for the Town of Wrightsville Beach. (See previous comments). 3.2. - G.S. 113A-120(a)(5) - Public trust waters The proposed development is in the Public Trust Water AEC. The statutory standard for this AEC requires the development to be denied if it will jeopardize the public rights or interests specified in G.S. 113A-113 (b) (5) . Among public trust rights is the right of navigation. The extended proposed docking facility is located in an area heavily used for public navigation. The slips extend across the deepest water leading to the docking facilities located along Summer Rest Road. The 5 outermost slips are over the deepest water providing navigation to and from Motts Creek. The docks occupy the channel leading from the private boating facilities along SutR"EmEIRest Road to the channel of the AIWW. JUL 0 6 2015 Mr. Steve Everhart October 1, 2008 Page 5 3.3. - G.S. 113A-120(a)(8) - State Guidelines and Local Land Use Plans - The proposed project is inconsistent with State guidelines found in 15A NCAC, subchapter 7H and within the Local Land Use Plan for New Hanover County and Wilmington. 3.3.1. - 7H.0207(c), (d). The proposal is inconsistent with the management objective of protecting public rights of navigation and recreation set forth in .0207(d) which states: "In the absence of overriding public benefit, any use which significantly interferes with the public right of navigation or other public trust rights which the public may be found to have in these areas, shall not be allowed." While piers and even marinas are examples of the uses acceptable in public trust areas, they are subject to the proviso that "such uses will not be detrimental to the public trust rights." For the reasons stated above, the public has an intense and necessary navigational use of the area which should not be preempted by the construction of the docking facility. The above -referenced rules specifically provide that "projects which would directly or indirectly block or impair existing navigation channels, ... are generally considered incompatible with the management policies of the public trust areas." 3.3.2. - 7H.0208(a)(2)(H) Among the general use standards applicable to coastal wetlands, estuarine waters and public trust areas is the following: "Development shall not impede navigation or create undue interference with access to, or use of, public trust areas or estuarine waters." 3.3.3. - 7H.0208(b)(5) This facility should be considered a marina because the extent of the dockage space readily accommodates in excess of 10 boats for permanent dockage. 3.3.4. - 7H.0208 (b) (5) (B) RECEIVED JUL 0 8 20b I46*4whjr ) mix Mr. Steve Everhart October 1, 2008 Page 6 This rule provides that for marinas associated with residential development are allowed no more than 27 square feet of public trust area for every linear foot of the shoreline. An accurate measure of the applicant's shoreline along the normal high water mark is only about 4001. This allows the use of 10,800 square feet of public trust area. The public trust area occupied by the proposed docks, not including the access pier, is roughly 16,000 square feet. 3.3.5 - 7H.0208(b)(5)(F) This rule requires approval of controlling parties in areas which have been deeded by the State. The State has granted a deed of easement to the Town of Wrightsville Beach for the Town's sewer line which is located where the pier and docking facilities are proposed. 3.3.6 - 7H.0208(b)(5)(H), (I) The applicant's proposal does not "minimize adverse effects on navigation and public use of public trust areas" nor does the applicant "avoid adverse impacts on navigation in federally maintained channels and their immediate boundaries" as required in the above -referenced rule. The applicant has no right to expand the size of the facility and to navigation areas simply to make more money at the expense of public uses. 3.3.7 - 7H.0208(b)(6)(D) The above -referenced rule limits the square footage of docking facilities based on the applicant's shoreline length. As previously set forth, the length of the applicant's shoreline is about 400, rather than the 850' claimed by the applicant. The applicant is allowed 4 square feet per linear foot of shoreline or 1,600 square feet for the combined area of "T"s finger piers, platforms and decks. The combined area for these facilities proposed by the applicant is 4,004 square feet if all of the floating docks are considered finger piers, or 3,304 square feet if the main floating dock is considered a part of the pier. In either case the combined total area greatly exceeds the area allowed by the rule. 3.3.8 - 7H.0208(b)(6)(J)(ii) The applicant's proposal extends the pier, including the finger piers, into the channel of Motts Creek. The above -referenced rule prohibits structures which extend into the channel portion of a water body. RECEIVED JUL 6 6 2015 OGNI-Oomw #,$ Mr. Steve Everhart October 1, 2008 Page 7 3.3.9 - 7H.0208(b)(6)(J)(iii) The proposed docking facility extends more than 1/4`" the distance across the body of water. The applicant indicates that the width of the water body is 485' measured from the edge of the marsh on the west side of the Intracoastal Waterway to the high water mark on the east side. This allows a facility to extend 121.25, from the edge of the marsh into the body of water. The floating dock structures extend about 160' from the edge of the marsh, thus exceeding the 1/4`" rule by a significant amount. In addition, when a creek or channel comes into a larger body of water such as is the case here, the 1/4`" rule should use the equidistant method of establishing a center line for the body of water so that a 1/4`" width can be established as the smaller channel enters the larger body of water. This assures that the center M of the body of water remains open for public use. Although the Motts Creek area in this location consists of a complicated shoreline, it appears that the finger piers extend well into the middle M of Motts Creek Channel as it connects to the Intracoastal Waterway, thereby violating the 1/41" rule. 3.3.10. - Wilmington/New Hanover County Land Use Plan, Part III, Section A, Policy 3.20 In relevant part the above -referenced policy states: "Prohibit new dredging activities in shell fishing waters (SA)...". There are exceptions to this policy for certain activities and for areas previously dredged, none of which are applicable to this application. This prohibition is similar to, but much broader than, the CRC rule that prohibits new dredging in primary nursery areas (PNAs). The City/County policy applies to outstanding resource waters and SA waters in addition to PNAs. The prohibition extends to all SA waters whether open to shell fishing or not. When I questioned the City and. County staff during the development of the plan concerning the breadth of the SA dredging prohibition, they responded that they intended the policy to apply to both open and closed shell fishing waters. Accordingly, the dredging portion of the project is inconsistent with the City/County Land Use Plan. 3.3.11. - Wilmington/New Hanover County Land Use Plan, Part III, Section A, Policy 3.4 and Strategies 3.4.5 and 3.4.6 These policies relate to eliminating pollution from municipal wastewater treatment systems by assuring continuing inspection, maintenance and repair. The location of the fixed parts of the proposed pier and the floating docks and associated pilings directly over the City/County main sewer line serving all of Wrightsville Beach will provide a significant obstacle to insp&4_qVAJ, JUL 06 2015 ww"- wwu i6:1us Mr. Steve Everhart October 1, 2008 Page 8 maintaining and repairing the sewer line in accordance with this policy. CONCLUSION For the reasons stated herein the Town of Wrightsville Beach respectfully requests that the permit modification requested by Bailey & Associates be denied. Sincerely, WESSELL & RANEY, L.L.P. Attorneys for Town of Wrightsville Beach William A. Raney, Jr. WAR:dc CC: Mr. Bob Simpson Mr. John C. Wessell, III Mr. Mike Vukelich JM.rb h\N09-097-0O3 RECEIVED JUL 0 6 2015 WEssELL & RANEY, L.L.P. ATTORNEYS AT LAW PosT OFFICE Box 1040 WnmiNOTON, NORTH CAROLINA 88402-1049 Joa C. wmsELL, III WES6EL14M JA00TR.N&r Wn 1,1e A. RA , JR. WARA @Bwx OOTR.N= July 2, 2015 Mr. Braxton Davis 400 Commerce Avenue Morehead City, NC 28557 Mr. Doug Huggett 400 Commerce Avenue Morehead City, NC 28557 Mr. Robb Mairs 127 Cardinal Dr. Ext. Wilmington, NC 28405 Re: CAMA Major Permit Application Bailey & Associates, Inc., Applicant Grandview Community Marina 202 Summer Rest Road Dear Messers Davis, Huggett and Mairs: STRmor ADDRH 8: 107-B NORTH 2m STREW Waemv N,NC 28401 Ta RONE: 910-792-7475 FAcsmux: 910-762-7557 RECEIVED JUL 0 8 2015 ACH—Hmt 1,a1 We represent the Town of Wrightsville Beach ("Town"). This letter is written to express the objection of the Town to issuance of a CAMA Major Development Permit to Bailey & Associates, Inc. for a proposed marina project called Grand View Community Marina at 202 Summer Rest Road, Wilmington, NC. The application is dated June 8, 2015. The cover letter with the application is dated June 9, 2015. The application provided to the Town by the applicant contains copies of letters to adjacent riparian owners dated June 18, 2015. The Town is adamantly opposed to issuance of a permit for this proposed project. The Town's opposition has been expressed several times in the past when other proposals have been made for changes to the existing facilities at this site. The Towns opposition is based primarily on the fact that the proposed facilities are located on, over and around the Town -owned sanitary sewer force main which carries all of the raw sewage from the Town to a wastewater treatment plant on the mainland owned and operated by the Cape Fear Public Utility Authority. The sewer line is known as the Northeast Interceptor or NEI. The Town commented on a prior proposal by the applicant in a letter dated October 1, 2008. Excerpts from that letter are as follows: RECVED DCM WILMINGTON, NC JULa) 6 2015 July 2, 2015 Page 2 11 1. Unreasonable danger to Town of Wrightsville Beach sewer line - There is a main sewer line known as the Northeast Interceptor which carries all of the sanitary sewage from the Town of Wrightsville Beach to a regional wastewater treatment plant. If this line were to be damaged during pier construction, pier maintenance, dredging or operation of vessels, the damage to public health and the environment would be catastrophic. The plan discloses many reasons why this concern is real and immediate. 1.3. Maintenance — The need to periodically maintain, repair or replace the sewer line will be made impossible by the existence of the pier and docks. 1.4. Emergency Repairs — The need for emergency repairs is even more problematic as every minute that repairs are delayed could result in hundreds of gallons of raw sewage entering the water. Removal of the vessels and structures would surely take hours to accomplish before repairs could begin. Recent experience with other portions of the Northeast Interceptor sewer line in the vicinity of Hewlett's Creek shows that sewer lines of this vintage have a real possibility offailure. Z Volation of Town's easement rights - The Town obtained an easement from the State of North Carolina to locate this sewer line on state owned submerged lands. The Town also acquired a CAMA Major Permit with renewals and modificationsfor installing the sewer line... The permit application in paragraph X.D. indicates that all work was to be done in DOT right-of-way and waters owned by the State of North Carolina. The current application of Bailey & Associates shows that the sewer line crosses the high water mark at a point on the DOT right -of way. The sewer line then proceeds into the riparian area of the DOT right-of-way property. The DOT (State of North Carolina) riparian area is established by extending the riparian RECEIVED line from the high water mark perpendicular to the channel ofMotts Creek JUL 0 8 1015 u+.Wwrlw S;W� The easement from the State of North Carolina to the Town of Wrightsville Beach gives the Town property rights in the area over which the pierfisj built. It is fundamental real estate law that the owner of the land over which an easement is granted cannot "use his land in such a way as to obstruct or interfere with the exercise of the easement or inconsistent with its purposes... ". Webster's Real Estate Law in North Carolina. 5" Edition, Hedrick & McLaughlin, §15.23. The construction of piers and docks within the easement granted by the State of North Carolina to the Town of Wrightsville Beach obstructs and interferes with the Tom's exercise of its easement rights and should not be allowed. " (copy of 2008 letter is enclosed) RECEIVED DCM WILMINGTON, NC IUL U S 2015 July 2, 2015 Page 3 The Town would like to elaborate on those objections and draw attention to certain rules and legal principles that the Town believes require denial of the application. The principal objections relate to property rights and public safety and can be summarized as follows: The applicant is proposing to do work in a riparian area to which it has no rights. 2. The applicant is infringing on the easement rights granted by the State of North Carolina to the Town for construction of the NEI. 3. The construction and use of the marina will increase the risk of damage to the sewer line and the existence of the pier and dock and docked vessels will delay emergency response to a catastrophic spill caused by damage or normal deterioration. The Town would like to supplement its prior comments regarding riparian area and easement rights as follows: Riparian Area The applicant's ownership extends only to the mean high water line. A Declaration of Final Resolution of Claim to Submerged Land recorded in Book 2317 at Page 398 of the New Hanover County Registry denies the applicant's claim to any areas below mean high water. At the eastern end of the applicant's property where applicant's property line intersects the North Carolina DOT right of way property line the applicant's shoreline faces Motts Creek. A line perpendicular to Motts Creek channel is the appropriate delineation of the riparian area allocated to the applicant. The issuance of prior permits and permit modifications allowing construction of a pier and docks in the NCDOT riparian area were made in error. This error should not be compounded by a significant enlargement of these structures and the allowance of dredging in areas that are not within the applicants riparian corridor. RECEIVED Encroachment on Town Easement JUL 0 8 7n15 The Town was granted an easement by the State of North Carolina "to construct, install, improve, replace, inspect, repair and maintain a sanitary sewer pipeline" as depicted on drawings attached to the easement. The easement was approved by the Governor and Council of State on May 4, 1982 and signed by the Governor on May 27, 1982. This easement grants rights that are superior to any rights purportedly conferred by a CAMA Permit for construction of a pier and docks in the same location. The State has no right to grant an easement or other authorization for any person to utilize the same easement area already conveyed to the Town if the additional use impairs the authorized use by the Town. (See US v. Seagate, Inc., 397 F Supp. 1351 (EDNC 1975). An owner can grant easements to third parties allowing third parties to use an easement area previously granted, but only if "such additional easements do not unreasonably interfere with the original easement holders usage of the original easement." Webster's Real Estate Law in North RECEIVED DCM WILMINGTON, NC I July 2, 2015 Page 4 Carolina, 66' edition, Section 15.23. The location of pier and dock structures within the Town's easement constitutes an unreasonable interference with the Town's right to construct, maintain and repair its sewer line. In addition, the Town asks that DCM carefully consider the following CRC rules that the Town believes require denial of the permit application: 7H.0207(c) & (d) 7H.0208(a)(2)(G) 7H.0208(b)(5)(A) 7H.0208(b)(5)(D) 7H.0208(b)(5)(F) 7H.0208(b)(5)(H) 7H.0208(b)(6)(G)(ii) 7H.0208(b)(6)(I) The Town would welcome the opportunity to discuss these concerns with appropriate representatives of DCM. Thank you for your consideration of these comments. Yours very truly, WE SELL & RANEY, L.L.P. John Wessell, III JCW:dc JC W\wrbcMwo 8-097-C 100 RECEIVED JUL 0 8 1015 OL.H-4Wh w j :.W: RECEIVED DCM WILMINGTON, NC JUL 12015 IIA SVyyEpc �'` ��'^'� \ - -- - 'n '-� �/O,,'a�J- - ��� a�n��s"".a..,., ^•.a..wme... /- O ,. m.msmxo.m —evxaa 411. aaw�mnp N[mV m.»m[s.uuse,rem� tuV ID,aPMV Fb \ii\\ -_LL__ `` \ a'`` I `% ; •/ -kk a�w nimeuwsiuww,fine¢V..iwn ,\� 111\r ._ ¢gym";' wwac,.xwmn,orwv q 'fix\ •'% h •iy 'Yt 'M1VNmYn'' •`/ae ppA� 8 f Lac end MHW--------- Creek Channel Line (2008 survey) Riparian Corridor Limit MHW and MLW (cer 0ee0) Riparian Conidor Setback — — — — — — — � 00 Normal High Water 000 \ f (WG rp2o14) Buried Sewer Line O0 Op Waterward Edge Marsh NCOOT ROW -- H 000000 (mappeCM1amaariaD (disputed) LNNDW NUUEUERrlS xmusvoxsau=ranwe QORTHeeuaruxa, 0 0 Y ummGs sNmw ox rHis vwr HneE eEre PRamep n mmn PORTS pVO RRE FOR GFHFRLLaaEHEHCE PURPOSES ONLY, OlSolE S Rescoxsia¢m OPneovmeNO➢PYGxfPNboReoxIMOIPHro CgRPLT pm�el ftev'¢ion PROFESSIOx Ununr AlWGe0uvx,r. CAMA Major permit ut Application O=015 Dale: LMG Grand View Community Marina GLaa ae uume r. This Eraw.OFa mmpfau'an GiwlbuP surversana ana[a r I r c.w°^• 202 Summer Rest Road, Wilmington, NC 1"=100' ex-taaa-. seabC 6nrvayOrenglMered Orewba. -- sevwgv..aa,smrs TNe- pawn Sn' Fgure: por CnMncelmiWn9 Dory. aGlrarwnsvGdmn HPu�,xon c.x..:eam Existing Conditions LMG 20(9 -> N? � `���\�\ -- 1t `�\ s•�y�?•`�� nrto mm''Kna�ssF"i wa uu"'�"iva�, uasvxm,csc ..-, AA,µ �' I ♦�.�y`` O' �wr,e IDT.IW vn -MY} �y\V *Shaded structures are proposed, ®� a d Legend MHW --------- Creek Channel Line —_ _..— (2000survey) Riparian Corridor Limit — MHW and MLW ------------ (,,Oot,a) Riparian Condor Setback 000 \,y Normal High Water —"—w— (-MG IOW14) Buded Sewer Line P®b 4g40000 G000 a Walerward Edge Marsh Proposed Dredging ® 000 (napped from aerial NCDOT ROW ' (disputed) umxzwcExsxr¢ xoraasvaxsm�FoainG,rwaaaLFSLounoxoF, n¢s. Axr pInllEs sxovm ax rxnww,NVEaFFN Wo✓ieOarlMRO p o�op xanilREOWNFANP EIPA[in0.lnWNr.`R �� RESPo SeR6 YGHIMpomR[INI IR AFReFESrro ULx L0 GCWPONV. PmIM Gate: CAMA Major Permit Application sfarxms Revrsbn pate: Tnis tlrowmg Lsawmpllagon of vaaous surveysanamnota LMG Grand Vew Community Marina stile: Joe um er. sealed surveyerengimereaarawmg. wu,w.cwxv... 202 Summer Rest Road, Wilmington, NC 7"=100' axler. For CAMR p:mding only. Not for conSEeof n. � ••••,..m., m., 1=1 >so5wganes A,asim,5 w .xw-,x,.,c.mo=awm Tee: pawn 0r Proposed Dock Expansion and Dredging Fyure: 3 9 LMG of 'Shaded structures are pmpwed. Legend \ MHW (2099 surwy) MHWand MLW----------- (yerl)R tl) Normal High Water —�—�— (IMG 19QQI4) Waterward Edge Marsh (mappadearnaedaq Creek Channel Line Riparian Corridor Limit — — — — Riparian Condor Setback Buried Sewer Line NCOOT ROW — — — (disputed) C ypQ9O�� NrC,_H°tyrt CrO�, a�2 `s. y� \ �. m ♦ i. A4rNp01\ e c �o% e�•(d o �C �;. ViILUNNnITE6.1 E... ... ON TR6 PUN NRW.. N P.P . 06Y.1. PKTESANOAREFOROENFP UFF CEPORPOM30KY. RIa Mc RESPONSRERV OFn1E 0YM FPIMPYCMViONOARCOXIPA[1gilOCCNTPCT PPROFESSmNK VnI11YtOGiE1000L@IM'. Tiredr Vg5aadmplutanolyenoussurveysand Hnota Sea@d survey Orengineered tlnW,. For CAIAA, h,gonly. Nmhrmnamtlion. [�3i3�iY� O \ O \•••\ S1• r u. r s\ \ N hekah 9 r \ r t tc\ qRq ruxxwvm \n-ORC IXIENSION 59RY95"E rrsd'rz"E w.oa iz.w '•� \ M"9yN \ <O Y - N �dle. 31'"0��.� \ uenrtas. �mirt¢ssxovmor�i rHrs rw°Pi+ eEexvnwom avmwu nis d2wing is a wmphalion of Wovs surveys and is not oSEsorrtr.UMTHa sealed sur,eyorenglneered draxing. nESPOry M WZenNEuw�rataomammw.srwr dcx FarC ,aormitlingonly. Notbrmnstrvaion. APROFEsegX.LLVnl mQnTWGCCvnPgMV. �Fn�vs r[wvr6 xu�si�agv� v.Ew wwvurtpn® s�rmnm pm2ro rsV�n muvrrtmrc:m ermwe�l �a�mm��i� cis Legend MHW—"""—"""— (2008 survey) MHW and MLW (peroeed) Normal High Water —�—�— nMG 10R014) Wateraaid Edge Marsh (mapped ad. nerl Creek Channel Line — —--- RiparianCortidorLimit — — — — Riparian Corridor Setback Buried Sewer Line NCOOT ROW — — — (disputed) 'Shaded structures are proposed. o :ate _moo eg . % ` S17DD't •E ♦ � sat 'aY t 54. y ♦♦ rq,Qi `♦ �' /oo , qFP \C"'. 2F o y` O � CYAN/WAVEGMNER- `` IAVNGIP� Proposed ExUw.hap Total=eto W Spat Depths %Hales to A NGA12u MLW 6-1.56 ` below NGM9. Contours Relath a to MLW. q � � ti ✓q ry. ��Mtic o� T "0 N4Wf, Mn 33 OMONSIa,FFORLC BEEOR1NEDEDVO OF. URXIES. PNYNLTE93X04NI OX MIS P411N/YEBEEX PROJIOEDBYIMIPn P'a.t. DRPFFORC£NFAALREFOIENCEPDPPOSESONLY.rt61XE RESPOHSNEItY WTXEWMPIIGMPN➢/Jfl COMMCIORTOCOM.WT APRCFESSESSION4LIR9nYLOPATwGGIXIPxIf. This drawing tea opmpralion of vadaus surveys and Is not a sealed surveyor engineered drawing. For GMA pertniding only. Notfarisart ulion. ENSION Ob 90` lb \ Legend MHW _... —... _ (3008 survey) MHW and MLW (per Deed) Normal High Water —"—"— (LMG 1012014) Watelwaid Edge Marsh (mapped from..I Creek Channel Line ———— Riparian Corridor Limit — — — — Riparian Candor Setback — — — — — — — Buried Sewer Line Proposed Dredging (-0' MLW final) NCDOT ROW — — (disputed) U � �a a IL o s n 11 g EXCAVATIONTO -q.a' W `gym W - 9 NU meO O— C N j� Z. y II +✓ E m w� O C G� o o ,� w0 � a� �O2 j E>v o az $ 0 12uE'i N a U PROPOSED DREDGE — — E%ISCING BOTTOM . N APPROEIMATE FV[URCSUJPP APPROEE FUTIIR2WELOPOP8 a -- ...•—EXISTING OTfOM $ COVER O PROPOSED - DREDGE EXISTING ,.�.Rw+" COVER t a a g�pp CIJFNTINPoPMATION: -$ EXISPINC .. -10 a N 4 PoO°� to -0+20 0+00 0+20 NOTE: O NNTRACPORTOPHYSIG YVEMFYOEMOFAELUI=ES PRIORTOCONSPRUCI]ON. INGDJEERTO BENOtIFlED OFANYCONFLCIE -0+20 0+00 - 0+20�:" NOM 00NT MORTOPHYSTG YVERIFYDEPI'HOFA UIILI]lE5 ORWNSIRUCTION. INGINEERTO BE NOTFlED OFANYCONFl]CIS' U�' E CL uawrvmusxcusa l RImLIHseul o�ta UNriu PRtORTO CONSTINCRON. 'WORM ttI CONSFRUCIION. F�i155 3%4i �-1 APPR: AlE PROFILE 1-i AT BAILEY DOCKS PROFILE 2-2 AT BAILEY DOCKS PROIEGT Y: E0140]6• HORIZ.i =lo' HORIZi =1o' '�]� oRAwl mBER: VERT. i'=$' VERT. i=5 3 L SRC.. ,E.N.. ty aa�e` t •�l'. .. s. Sy ,p Gig �.�* , '` °�^' 4 e♦, (� r r� � ���p�� till - b cA 2 LMG LAND MANAGEMENT GROUP mr- Environmental Consultants June 18, 2015 NC Department of Transportation c/o Mr. Stoney Mathis, P.E. 5501 Barbados Blvd. Castle Hayne, NC 28429 RE: Application for CAMA Major Permit 202 Summer Rest Road, Wilmington, NC Dear Mr. Mathis, This letter serves to notify you of proposed modifications to the existing dock located at 202 Summer Rest Road, Wilmington, NC. Bailey and Associates, Inc. has submitted an application requesting a NC CAMA Major Permit to the NC Division of Coastal Management (DCM). The applicant is requesting modifications to the existing structure which will expand the docking facilities to 17 boat slips,16' to 30' in length. Associated dredging to 4 mean low water is also proposed. As an adjacent riparian property owner to the property, you are required by the permit application process to be notified. The NC DOT was previously notified and is being re -notified following minor changes to the application package. A copy of the CAMA permit application (narrative, application forms and figures) as it has been accepted by the NC DCM is enclosed. If you have any comments on the project, they can be directed to Mr. Robb Mairs, NC DCM,127 Cardinal Drive Ext., Wilmington, NC, 28405 or 910-796-7423. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910452-0001. Sincerely, Steve Morrison Environmental Consultant cc: Mr. Robb Mairs, NC DCM RECEIVED JUN 2 z 2015 DIVISION 3 OFFICE www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 l/ LMG LAND MANAGEMENT GROUP mc. Environmental Consultants . 6/9/15 Robb Mairs Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: CAMA Major Permit Application, Grand View Community Marina, AIWW, New Hanover County Dear Robb, On behalf of Bailey and Associates, Inc., please find enclosed a revised CAMA Major Permit application package for the above -referenced project. The enclosed permit application includes the additional information and changes requested in our June 4, 2015 meeting. Please contact me with any questions regarding the enclosed application. Thank you for your assistance. Sincerely, Steve Morrison Environmental Consultant Encl: Application package, Copy of letter to Town of Wrightsville Beach, $400 application fee check Cc: Bailey and Associates, Inc. www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 CAMA Major Permit Application Project Narrative Grand View Community Marina 202 Summer Rest Road Wilmington, New Hanover County, North Carolina Bailey and Associates, Inc., Applicant Land Management Group (LMG) Inc., Agent Existing Conditions Bailey and Associates Inc., is the owner of New Hanover County parcel R05714-004-012-000. The property is located at 202 Summer Rest Road, Wilmington, and abuts Motts Creek and the Atlantic Intracoastal Waterway (AIWW) just north of the Wrightsville Beach Bridge. Upland portions of the property are located within the City of Wilmington, and riparian areas below mean high water are within the jurisdiction of New Hanover County. The property features riparian access to Molts Creek on the northern side of the property and the AIWW at the eastern end of the property. There are 476-Ift of shoreline along normal high water, as flagged by LMG, within the deeded property boundaries. The property currently contains a 652-ft long fixed pier which accesses a 60-ft long floating dock parallel to the AIWW with 2 boat slips (CAMA Permit 84-01). The current floating dock is located approximately 12' landward of the quarter waterbody setback which is more restrictive than the 80' federal setback off the AIWW channel in this location. Deeded property boundaries for the parcel include a mean low water and a mean high water line surveyed at the time of recordation in 1984. Since the low water line was shown on the 1984 survey, a search for any submerged land claims was conducted to determine whether the applicant or any adjacent parcel had a legal submerged land claim. The NCDENR, Division of Marine Fisheries, database for "Submerged Land Claims Recognized under NCGS 113-205" was reviewed. Neither the subject property nor the directly adjacent northern property were shown to have any recognized submerged land claims. More recent mean high water, normal high water, and mean low water contours are provided in the application materials in addition to the deeded boundaries (for reference only). The AIWW along the property is designated by the NC Environmental Management Commission (EMC) as SB waters (Index # 18-87-24). The property is located across the AIWW from the public boat ramp at Wrightsville Beach. No waters adjacent to the property are mapped as Primary Nursery Area (PNA), and the adjacent waters are closed to shellfishing for human consumption. Proposed Project Bailey and Associates, Inc. is proposing to expand the existing docking facility to provide a total of 17 slips, ranging between 16' and 30' in size. Two of the slips on the outside of the'T head would be transient slips. All slips would serve residential units within the Grand View mixed -use development currently under construction at 7205 Wrightsville Avenue (the former "Babies Hospital" and New Hanover County parcel R05714-002-003-000). The residential component of the mixed -use redevelopment of the former Babies Hospital site will provide 111 residential units. Boat slips proposed in this application would serve the residents of Grand View. The proposed boat slips are within walking distance of the residential units, and no parking at the waterfront parcel will be necessary. No upland work is proposed in this application. Grand View Community Marina, Bailey and Associates, Inc. CAMA Major Permit Application, Project Narrative, June 8, 2015 1 The existing floating dock along the AIWW and a portion of the existing outer access pier would be removed. A new floating dock system with platforms would be constructed along the AIWW. New structures will include the addition of a 117-Ift floating dock spine; four 24' long floating fingers; three 30' long floating fingers; a 60-Ift "T"; a 176 sq.ft. fixed covered platform with a 213 sq. ft. open deck; and a 256 sq.ft. floating platform. New floating docks will be accessed by a ramp, and pilings will be installed to secure the floating docks and for boat mooring purposes. A 9' x 14' fixed gazebo with a 5' x 20' deck is proposed on Molts Creek and would be accessed by a new fixed pier extending 73' from the existing fixed pier. The sewer line for the Town of Wrightsville Beach is buried within the riparian corridor of this property. The piling and dredging plans have been designed to avoid the surveyed position of the buried force main by a minimum of 12 ft. In addition, prior to construction, a field marking of the force main will be performed by a professional utilities location company to assure this separation. A hydrographic survey was completed by TI Coastal in September 2014. Depths from a February 2007 Gahagan & Bryant survey, as shown on a February 2009 Maritech Dredging, LLC plan used in a previous CAMA application, are included for the southern -most portion of the riparian corridor. Water depths within the project area near the AIWW currently range between -0.75' MLW to -9' MLW. Dredging to 4 MLW is proposed only along the western half of the proposed floating dock system where current depths are -4' MLW or less. The dredging area is designed to remain 10' from the surveyed outer edge of the coastal wetlands. The dredge area would total 6,732 sq.ft., and the dredge volume is anticipated to be approximately 810 cy. The applicant proposes to use a bucket -to -barge operation and dispose of the material on an existing spoil disposal site owned by Shore Acres, Inc. and located on the AIWW approximately 0.5 mile south of the project area. Permission for the use of this disposal site has been requested and a copy of that approval is enclosed. No fuel or maintenance services would be provided, and no overnight or live-aboards would be allowed by the rental agreement and/or community rules and restrictions. Seapath Yacht Club provides a pump -out and is located on Harbor Island (Wrightsville Beach) less than 1 mile by water from the project site. As a result of our 11/5/14 scoping meeting and our 3/26/15 pre -application meeting, we are providing an update on two items: 1. On 11/14/14, a request (copy enclosed) was made to the Town of Wrightsville Beach for a recorded copy of the "Easement" between the State of North Carolina and the Town or in lieu of such, the recording information from the New Hanover County Register of Deeds Office along with other maps, surveys and other information relating to the "Easement". As of today, there has been no response to this public records request. 2. DCM staff has requested that the proposed dock system along the AIWW be moved northward to avoid what was believed to be the northern NC Department of Transportation right-of- way line across the AIWW as originally portrayed on the plan drawings for the project used by Land Management Group. In order to verify the presence and accurate extent of a right-of-way over the water, a request to NCDOT was made for documentation. At present, we have received various Grand View Community Marina, Bailey and Associates, Inc. CAMA Major Permit Application, Project Narrative, June 8, 2015 2 materials from NCDOT, however the applicant believes none of the materials accurately depict or prove that an easement or right-of-way exists over the AIWW. The applicant is of the opinion at this time that such an easement or right-of-way does not exist and we are presenting the proposed dock system as planned, with the earlier portrayed right-of-way line over the AIWW labeled as "Disputed" and anticipate NCDOT further review during the normal course of the permit application review process. Grand View Community Marina, Bailey and Associates, Inc. CAMA Major Permit Application, Project Narrative, June 8, 2015 3 DOM MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Bailey And Associates, Inc. Project Name (if applicable) Grand View Community Marina Applicant 1: First Name Go Mr. Chris MI Last Name _ Bailey Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address P.O. Box PO Box 400 City Jacksonville State NC ZIP 28541 Country USA Phone No. 910-346-8443 ext. FAX No. 910-346-8637 Street Address (if different from above) City State ZIP Email cwbailey@baileyandassociates.biz 2. Agent/Contractor Information Business Name Land Management Group, Inc. Agend Contractor 1: First Name MI Last Name Steve Morrison Agent/ Contractor 2: First Name MI Last Name Laura Stasavich Mailing Address PO Box City State 3805 Wrightsville Ave., Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910 - 452 - 0001 ext. ext. FAX No. Contractor # 910 452 0060 Street Address (if different from above) City State ZIP Email smorrison@lmgroup.net; Stasavich@lmgroup.net <Form continues on back> 252-808.2808 ;: 1.888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 202 Summer Rest Road S.R. 1417 Subdivision Name City State Zip NIA- will serve Grand View rental units Wilmington NC 28403 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. N/A, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project GAPE rZAIt Atlantic Intracoastal Waterway and Molts Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown AIVYW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No - work falls within. City of Wilmington (above MHW) and New Hanover County (below MHW) 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (scift) 476 feet along NHW 0.85 acres per NHC GIB data c. Sae of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) Upland area — 2' ®NHW or ❑NWL e. Vegetation on tract Area below NHW includes coastal marsh species such as Spartina alterniflora, Distichlis spicata, Limonium carolinianum, Spartina patens, and Salicornia depressa. Upland on the property is largely vegetated by Morelia cerifera. f. Man-made features and uses now on tract Approximately 1271ft of bulkhead; V x 652' fixed access pier; ramp; 6' x 66' floating dock providing two boat slips. g. Identify and describe the existing land uses adlacent to the proposed project site. Adjacent uses to the north are residential. Adjacent uses to the west, along Wrightsville Ave, are largely commercial. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? City of Wilmington zones upland as 0&1-1 (Office and (Attach zoning compliance certificate, if applicable) Institutional 1). New Hanover County zones area below ®Yes []NO ❑NA MHW as B-1 Business (GIS data). j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? 252.808.2808 .. 1-888.4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit <Form continues on next page> m. (i) Are there wetlands on the site? ®Yes []No (11) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Work requested in this application does not require treatment of wastewater, but the property is served by the Cape Fear Public Utility Authority. o. Describe existing drinking water supply source. Work requested in this application does not require drinking water, but the property is served by the Cape Fear Public Utility Authority. p. Describe existing storm water management or treatment systems. There are no existing stormwater management or treatment systems on site. Existing development is pervious decking. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubllrlGovemment ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Purpose is to expand docking facilities to provide 14 boat slips 24' to 30' in size, one slip 16' in size and two transient slips. All boat slips would serve the Grand View apartment rental community currently under construction at 7205 Wrightsville Avenue. Slips would be available for use by residents of the residential units within the mixed -use development and would be used for recreational boating. 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. Installation of new floating docks and mooring pilings would be done with standard wash -in piling rig. Proposed dredging would be "bucket to barge" with material dewatered on the barge before placement in an approved spoil disposal area. d. list all development activities you propose. Along AIW W-construction of new floating dock and 7 finger piers to provide 14 boat slips 24' to 30' in size, one slip 16' in size, and two transient slips. Construction of two platforms. One floating platform serving as a kayak/wave runner launch area. One fixed platform, partially roofed. Dredging within 6,732 sq.ft. of public trust bottom to final depth of -4' MLW. Majority of existing fixed pier to remain. Along Motts Creek- new fixed pier and partially roofed fixed platform. No upland development is proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? No upland disturbance, Dredging below NHW — 6.732 Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No direct discharges to waters of the state are proposed. I. Will wastewater or stormwater be discharged Into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA 252.808.260a :: 1.888.4111COAST :: www. n ccoastalmanage ment. net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to 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 underwhich 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 John and Eliza Blackwell, LLC (206 Summer Rest Rd. to the north) Phone No. Address 203 Summer Rest Road, Wilmington, NC 28405 Name NC DOT do Mr. Stoney Mathis, PE (US 74176 to the south) Phone No. Address 5501 Barbados Blvd., Castle Heyne, NC 28429 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. CAMA Permit No. 13-06, Consolidated Ventures Corp., 11/19/86. CAMA Permit No. 84-01, CGRS Enterprises, LLC, 7/3I01. Modification on 5/27108. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 _June 8, 2015 Print Name Land Management Group, Inc., agent Signature ✓ ^ �— ��"'T) Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development 252.808-280B :: 1.888-4RCOAST :: www,nccoastalmanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for ®DCM MP-4 Structures Information Major Development Permit 252.808.2808 :: 1-888.411COAST :: www.necoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length N/A N/A Irregular. N/A N/A N/A NIA Total Area = Width N/A N/A 6,732 sq.ft. N/A N/A N/A N/A Avg. Existing WA NIA -0.75' MLW N/A NA NA N/A Depth Final Project N/A N/A -4' MLW NIA NA NA N/A Depth 1. EXCAVATION ❑This 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. Bottom sediments of AIW W; grain size anticipated to be Approximately 810 cy (using 2007 and 2014 survey depths) primarily sand. c. (!)Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS ❑WL ®None (ii) Describe the purpose of the excavation in these areas: N/A d. High -ground excavation in cubic yards. None. 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Spoil disposal island on AIWW approx. 0.4-mile south of site. Shores Acres Co. property (R00300-002-003-000) behind Carps' AIWW DA_0248. c. (1) Do you claim title to disposal area? []Yes ®No ❑NA (Ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑3B ❑WL ®None (ii) Describe the purpose of disposal in these areas: N/A Dimensions of disposal area. Area within Shore Acres Co. parcel R06300-002-003-000 of approx. 0.3-acres. d. (i) Will a disposal area be available for future maintenance? ®Yes []No ❑NA (ii) If yes, where? Anticipate future requests for use of same disposal area. (1) Does the disposal include any area In the water? ❑Yes ®No []NA (i) If yes, how much water area is affected? N/A 252.808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 12126/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance watemard of NHW or NWL: e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12 months? []Yes []No []NA (11) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill_ Other — I. Source of fill material. 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 fill material be placed in coastal wetlands/marsh (CW), If yes, (II) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of rill 5. GENERAL a. How will excavated or fill material be kept on site and E controlled? No excavation or fill is proposed above MHW or NHW. 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. NIA suomergeo aquanc vegecaeon tohvl, suer pu PVl11 twr, e, other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SS ❑WL ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Bucket to barge excavation, small excavator. d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (11) If yes, explain steps that will be taken to avoid or minimize environmental impacts. No fringing wetlands will be impacted at spoil disposal site - existing access path available. June 8, 2015 Project Name Date Grand View Community Marina Bailey and Associates, Inc. Applicant Name 252-808-2808 :: 1-888.4RCOAST :: vvwvv.nccaastalmanagement,net revised: 12/26106 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) ._5�� Applicant Signature 252-808-2808 ;; 1-888.4RCOAST :: w .nccoastalmanagement.net revised: 12/26/06 t. 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 ❑PubliclGovernment NPrivale/Community c. (i) Dock(s) and/or piers) (if) Number Please see attached MP-4 supplement (iii) Length Please see attached MP-4 supplement (iv) Width Please see attached MP-4 supplement (v) Floating ®Yes []No e, (i) Are Platforms included? ®Yes ❑No If yes: (if) Number Please see attached MP-4 supplement (fit) Length Please see attached MP-4 suoolement (iv) Width Please see attached MP-4 suoolement (v) Floating ®Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 17 (with 2 being transient) (11) Number of slips existing 2 I. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water, no dredging required ❑Other, please describe: k. Typical boat length: 16' to 30' m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 14 ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (1) Are Finger Piers included? NYes []No If yes: (i) Number Please see attached MP-4 supplement (iii) Length Please see attached MP-4 suoolement (iv) Width Please see attached MP-4 supplement (v) Floating ®Yes ❑No f. (i) Are Boatlifts included? []Yes ®No If yes: (if) Number NIA (iii) Length N/A (iv) Width N/A h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips) only, number of slips: 14 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number.of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed vessel types I. (I) Will the facility be open to the general public? ❑Yes ®No 252.808.2808 :: 1.8884RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 r Form DCM MP-4 (structures, Page 2 of 4) 11 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. . No treatment for sanitary wastewater will be needed. Bathrooms are available within walking distance at associated residential units, and facility will have a no overboard discharge policy. Pumpout is available at Seapath Yacht Club located on Harbor Island, Wrightsville Beach, approximately 0.9 miles via boat from the site. c. Describe the disposal of solid waste, fish offal and trash. Trash cans will be located on the upland portion of the property near Summer Rest Road. d. How will overboard discharge of sewage from boats be controlled? A no overboard discharge policy will be enforced through the slip rental agreement and/or community rules and restrictions. e. (i) Give the location and number of "No Sewage Discharge'signs proposed. 1- on proposed floating dock. Ili) Give the location and number of "Pumpout Available" signs proposed. One sign indicating nearest public pumpout (Seapath Yacht Club) will be posted on the fixed access pier. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No maintenance or fueling services will be offered. g, Where will residue from vessel maintenance be disposed of? No maintenance services will be offered or allowed. In. Give the number of channel markers and "No Wake" signs proposed. None I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. No fuel services are proposed. j. What will be the marina policy on overnight and live -aboard dockage? No overnight or live-aboards will be allowed and will be enforced through rental agreement and/or community rules and restrictions. k. Describe design measures that promote boat basin flushing? Proposed dredging will be in open water to a depth of 4 MLW which will not exceed depths within the connecting AIM. I. If this project is an expansion of an existing marina, what types of services are currently provided? Expansion of existing two slip dock with no services. 252-808-2808 :: 1.888.4RCOAST :: www,nccoastalmanagemenk.net revised: 12127/06 Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? Oyes NNo n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes NNo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL NNone p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes NNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. NIA 3. BOATHOUSE (including covered lilts) N This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Communty (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) NThis section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) NThis section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ❑This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government NPrivate/Community a Distance to be placed beyond shoreline Tie piles range from approximately 29' to 120' from waterward edge of marsh. Note: This should be measured from marsh edge, if present e. Arc of the swing NIA 7. GENERAL b. Number 14 d. Description of buoy (color, inscription, size, anchor, etc.) No bouys- fie pilings within slips #1 through #14. 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 15'to the southern riparian corridor limit; 164' to northern riparian corrdior limit Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 508' along existing pier to bulkhead on eastern side AIW W e. (i) WIII navigational aids be required as a result of the project? ❑Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. NIA b. Proximity of structure(s) to adjacent docking facilities. —144' to Blackwell dock to the north d. Water depth at waterward end of structure at NLW or NWL Existing depths range from -0.75' MLW to -11' MLW within proposed slips. 8. OTHER []This section not applicable a. Give complete description: June 8, 2015 Date Grand View Community Marina Project Name Bailey and Associates, Inc. Applicant Name Applicant Signature 252.808.2808 :: 1-868.4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 CAMA Major Permit Application Grand View Community Marina, Wilmington, NC MP-4 Supplement 1. Docking Facility/Marina Characteristics c. Dock(s) and/or Pier(s) Existing Fixed Access Pier 540' x 6' to remain with 20' x 6' angled pier extension to be added. All other existing docks to be removed. Proposed docks and fingers as listed in tables below. Structure Length ft Width ft Floating Dock 116 6 Floating Dock 60 6 Fixed Pier 73 6 d. Are Finger Piers Included? Quantity Length (ft) Width (ft 3 30 3.5 4 23 3.5 e. Are Platforms Included? Quantity Len th ft) Width ft Platform irregular shape Floating Dock 16 16 Platform 20 14 floating dock spine floating "t" fixed pier (Molts Creek) floating floating 176 sq.ft. gazebo and 213 sq.ft. open deck floating Molts Creek- 20' x9' gazebo and 20' x V open deck TO WILMINGTON OS y�Y F'9S T�O�O 'Q0,9 O WRIGHTSVILE AVE US HWY 76 � LMG C LWDMANAGEMENTGEOUPmc Environmental Consultants 3805 Wrightsville Ave., Suite 15 Mlmington^North Carolina 28403 Y �0 J\�� SITE APO CAMA Major Permit Application Grand View Community Marina 202 Summer Rest Road, Wilmington, NC Site Location TO 4� TSL <<F 5/4/2015 NTS McKim and Creed I - 1 of 9 LMG LAND MANAGEMENT GROUP me En vironmantoI Consultants 5/5115 Robb Mairs Division of Coastal Management 127 Carding Drive Extension Wilmington, N.C. 28405-3845 Re: CAMA Major Permit Application, Grand View Community Marina, AIWW, New Hanover County Dear Robb, On behalf of Bailey and Associates, Inc., please find enclosed a CAMA Major permit application for expansion of the existing dock located at 202 Summer Rest Road, New Hanover County. The floating dock system on the AIWW would be expanded to provide fourteen boat slips, 24' and 30' in size. One fixed and one floating platform are also proposed. Dredging to a final depth of -4' MLW is proposed within a portion of the slip expansion area. A 73' long fixed pier extending from the existing pier to Molts Creek is proposed with a 14' x.20' gazebo at the end. All slips would serve residents of the community and their guests. Additional details am provided in the enclosed narrative, application forms and figures. The adjacent riparian landowner notifications have been mailed and the "green card receipts" will be forwarded to you once they are received. As a result of our 1115114 scoping meeting and our 3/26/15 pre -application meeting, we are providing an update on two items: I. On 11114/14, a request (copy enclosed) was made to the Town of Wrightsville Beach for n recorded.copy of the "Easement" between the State of North Carolina and the Town or in lieu of such, the recording information from the New Hanover County Register of Deeds Office along with other maps, surveys and other information relating to the "Easement". As of today, there has been no response to this public records request. 2. DC staff has requested that the proposed dock system along the AIWW be moved northward to avoid what was believed to be the northern NC Department of Transportation right- oFway line across the AIWW as originally portrayed on the plan drawings for the project used by Land .Management Group. In order to verify Elie presence and accurate extent of a right-of- www.lmgroup.net- info@lmgroup.net • Phone: 910.452.0001 • Fax: 910ASI0050 38D5 Wrightsville Ave., Suite 15, Wilmington; NC 28403 • P.O. Box 2522, Wilmington,. NC28402 -way over the water, a request io NCDOT was made, for documentation. Af present, we have �rcccived various materials from NCDOT, however the applicant believes none of the materials t accurately depictor prove that an easement or right -of --way exists over the AIW W. The applicant i -is of the opinion at this time that such an easement or right-of-way does not exist and we are presenting the proposed dock system as planned; with the removal of the earlier portrayed right - 'of --way line over the AIWW by this office, and anticipate-NCDOT further review during. the normal course of the permit application review process. .. Please contact me with any questions regarding these materials.Thank you for your assistance. Sincerely, Steve Manson Environmental Consultant Ench Application package, Copy of letter to Town of Wrightsville Beach, $400 application fee check Ce: Bailey and Associates, Inc. www.imgioup.net • Info@lmgroup.net • Phone: 910.452.0001 • Fax; 910A52.0060 3806 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington; NC 28402 ern NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C Davin John E. Skvada, III Govemar Director Secretary AGENT AUTHORIZATION FORM Date: _March 9, 2015 Name of Property Owner Applying for Permit _Bailey. and Assodates, Ina Owners Mailing Address: _P.O. Roz 400 _Jacksonville, NC 28541 Email: _cnbaBey@baileyassodates.biz Phone ( 910 ) 346-8443_ Name of Authorized Agent for this project Land Management Group, Inc. Agent's Mailing Address: _3805 Wrightsville Ave., Surte 15 _Wilmington, NC 28403 Emait_smorrison@lmgmup.net Phone ( 910 ) 452-0001 1 certify that I have authorized the agent listed above to act on my beha@; for the purpose of applying for, and obtaining all CAMA Permits necessary to install or constructthe following. (activity): Grand View Community Marina 'For my property located at _202 Summer Rest Road, Wilmington, NC This certification is valid 1 year from (date) _March 9, 2016 dp rt Owner Signature Da IV CarduW Dnve Est, WImtrgtm K 294M Pions 910796.721511`XSIlntmet vvranovalalma wmtmt M Ep+i C4R�luM"IlSma'.rvll[un6ebW CAMA Major Permit Application Project Narrative - Grand View Community Marina 202 Summer Rest Road Wilmington, New Hanover County; North Carolina Bailey. and Associates, Inc., Applicant Land Management Group (LMG) Inc., Agent Existing Conditions Bailey and Associates Inc., is the owner of New Hanover County parcel R05714-004-012-000. The property is located at 202.Summer Rest Road, Wilmington, and abuts Molts Creek and the Atlantic Intracoastal Wafeiway (AIC) just north; of the Wrightsville Beach Bridge. Upland portions of the property are Iodated within the City of Wilmington and portions of the property below mean high water am within the jurisdiction of New Hanover County. The property features riparian access to Molts Greek on the northern side of the pmperly and the ICW at the eastern end of the property. There are 476aft of shoreline along normal high water, as Flagged by LMG, within the deeded property boundaries. Theproperty currently contains a 652-11 long liked pierwhich accesses a 60-ft long floating dock parallel to the ICW with 2 boat slips (CAMA Permit 84-01). The current Boating dock is located approximately 12' landward of the quarter waterbody setback, which in this location, is more restrictive than the 80' federal setback off the ICW channel. The deeded properly boundaries for the parcel include a mean low water and a mean high water line surveyed at the lime of mcematian in 19B4. Since the law water tire was shown on the 1934 survey, a search for any submerged land claims was conducted to determine whether the applicant or any adjacent parcel had a legal submerged land claim. The NCDENR, Division of Mone Fisheries, database for*Submerged Land Claims Reccgnized under NCGS 113-205'was reviewed. Neitherthe subject property nor the directly adjacent northern property were shown to have any recognized submerged land claims. More recent mean high water, normal high water, and mean low water contours are provided in the application materials in addition to the deeded boundaries (for reference only). The ICW along the property is designated by the NG Environmental Management Commission (EMC) as SB waters (Index# IM7-24), The property is located across the ICW from the public boat ramp at Wrightsville. Beach. No waters adjacent to the property are mapped as Primary Nursery Area (PNA), and the adjacent waters are closed to shellfishing for human consumption. Proposed Project Bailey and Associates, Inc. is proposing to expand the ekisfing decking facility to provide a total of 14 slips, 24' and 30' in size. All slips would serve residential units within the Grand View mixed -use development currently under construction at 7205 Wrightsville Avenue (the former'Babies HospitaP and New Hanover County parcel R05714-002-003-000).'The residential component of the mixed -use redevelopment of the former Babies Hospital site will provide111 residential units. Boat slips proposed in this application would serve the residents of Grand Yew. The proposed boat slips we withln walking distance of the residential units, and no parking at the waterironl parcel will be necessary. No upland work is proposed in this application. Grand View Community Manna, Bailey and Associates; Ina COMA Major Permit Application, Project Narrative, May 4, 2015 1 The existing floating dock along the ICW and a portion of the existing outer access pier would be removed. A new floating dock system with platforms would be constructed along the ICW.New structures will includetheaddition of a 1174f1 floating main access dock with four 24' long floating fingers, three 30' long floating fingers, a 60411 T, a 256 sq.fl. fixed covered plafform, and a387- sq.11. floating platform The new floating docks will be a essed by a ramp, and pilings will be installed to secure the feeling docks and for boat mooring purposes. A 20' x 14' fixed gazebo is proposed on Mods Creek and would be accessed by a new fixed pier extending 73' from the existing fixed pier. The sewer line for the Town of Wrightsville Beach is boded within the riparian corridor of this property. The piling and dredging layouts have been designed to avoid the surveyed position of the buried force main by a minimum of 12 ft In addition, prior to construction, a field marking of the force main will be performed by a professional uIllifies location company to assure this separation. A hydrogmphic survey was completed by TI Coastal in September 2014. Water depths within the project area near the ICW currently range between -2' MLW to-9' MILK .Dredging to A' MLW is proposed only along the western half of this proposed floating dock system where current depths are 4' MLW or less. The dredging areas am designed to remain 10' from the surveyed outer edge of the coastal wetlands. The dredge area would total 5,448 sq.fL, and the dredge volume is anticipated to be approximately 807 cy. The applicant proposes to use a bucket -to -barge operation and dispose of the material on an existing spoil disposal site owned by Shore Acres, Inc. and located on the ICW approximately 0.5 mile soulh of the project area. Permission for the use of this disposal site has been requested and a copy of that approval is. enclosed. No fuel or maintenance services would be provided, and no overnight or live-aboards would be allowed by the rental agreement and/or community rules and restrictions. Seapath Yacht Club provides a pump -out and is located on Harbor Island (Wrightsville Beach) less than 1 mile by water from the project site. Grand View Community Manna. Barley and Associates, Inc. CAM Major Permit Application, Project Marraflve, May4, 2015 2 SHANKLIN & NICHOLS, LLP ATTORNE sATLAvv 21414Mam'rSMoX post Or ESW1347 WM N4ioN.NamHexvct ,20402-1347 Tr1 90NMICA10294001Ta Mmlm251-M3 EiA SHM9QAWYY UNKNU MNNEIHA.SHxJtLN' tMiiHEWAN�cHo15r� �ewmuannmsrauu.[,x "ivo�wmmmru.,m Cw�°�°�'+.�..mixou m�Oumws�cnotts' November 14,2014 VIA EMAIL TO tawens@tnwb.ora AND V.S. MAIL Mr. Tim Owens Town Manager Town of Wrightsville Beach P.O. Box 626 Wrightsville Beach, NC 28480 Re:. Bailey and Associates, Inc. FIRST PUBLIC RECORDS REQUEST Our File N20140602 Dear. Mr. Owens: Pursuant to Chapter 132 of Ole North Carolina General Statutes, we request an behalf of our client, Bailey and Associates, inc., that the fallowing public records and materials be available for our inspection at a reasonable and convenient time within the next twenty (20) aslendm days at the Tom of Wrightsville Beach ("Town") Offices: 1. A recorded copy of that document entitled "Easement" between the State of North Carolina and the Tom dated May 27,1982, a copy of which is attached hereto as Exhibit "A" or in lieu thereof, the recording information from the New Hanover County Register of Deeds Office (Deed Book and Page Norther) for that instrument(heremafi rmferred lo'as the "Basement"). 2. Any instruments, memoranda, correspondence,'emails, maps, surveys, drawings, letters of understanding or refinement, or other documents that supplement, amend, modify or supersede the above -referenced Easement. 3. Any memoranda, correspondence, mails, maps, surveys, drawings, letters of understanding or refinement, or other documents related to the location, size, scope, length, width, depth and/or maintenance of the above - referenced Easement Mr. Tim Owens Town Manager Town of Wrightsville Beach November 14, 2014 Page-2- .Please consult withN.C. GEN. STAT..§ 132-1 el. seq. regarding the scope and extent of the term "public records." We request the opportunity to copy any document of other responsive record either in written or electronic form for compliance with this public records request If it is mom convenient for you. and the Town for us to make the copies ourselves or make arrangements for a third -party copy service to make the copies, please let us know and we will. gladly arras'ge for the same. Also, we will gladly pay any reasonable administrative or copying charges associated with this request, and we ask that you please let us know in advance if there are any such charges associated with this public records request. With best regards, I remain - Ve" a ; KerinethA. Shanklin KASlpco Enclosure ce: John C. Wessell, Ili Town Attorney —via email and U.S. Mail Mr. Christopher W. Bailey ' STATE OF SOME CRANIUM I. £A_5_E_N_E N_T_ I COONIT OF HNU HANOVER TIITS EASCNCNT, Meade and antared rota thie the , ,r day of , IRSE, by and hatwen the STATE OF NORTH CM.LXNA, .pattyet the Lacat Poet, end the ttIXN OF HRIOPTS- VILLE'9GCH, petty o2 tha ec.d. peed W_L T_H_E_9_Y_C_T_11, THar, 'Sucleas. "a Natah Catalina Oepaetscat of h+lsinl uY etlan be. B.11.rited and appcwad etaeatim Of thin I 1m.Aivaent for the 'Ec'maa hamin at faith: end IF Hff.R M:. the axuaotian oC Shia dne...Ht fat.and oa:l- 7 behalf of the State of North ca[ollne ban been duly approvad I' 7 by the Cavoteat and Council of State by tevalutlon Bdopcad at a mm Uag hold in abe City of Ralofgh� North Caroline. on 'I the 4th day of May, 19E21 and NNENEA9, the pnv4ea hereto heva Ru E..111 agreed b tho "man of thin ea emnt at natminattBr at Tntth, NOW, THEREFORE, In eonaldoeatlon of tho Bun of ONE HONOREE (6100.00) OOLLMs paid by the peety of the noCOad pert) Ca'tbe party of tM Cicat pate, the m.lpt of vh:cb fa hereby zemooledged, the tatty of tbe; tit., part Cooc hembl' give, grant and convoy to the raid pact' eF the second Feet, Ito j mcaeeooxt and noeilon, the xiISL, pdviiage nad meamove ,bc sovttnet,• Imca1L, Im,cave, xaeay., [apical_ iaepcot. eta nic m"Blatatn, n.Bait.tl aeret pipeline aB FWlwo: A. ei.Y.r Ch algal—begumualy fee appemLnetaly )m feet alcnq the North aide a[ U. S. Highway )J causeway sea hriA9e. A. aennana Creek on bent piles also, the eoutM1 rids Of the U. S. lilghvay id mueway end bridge for a di:'Do. or apprne hnaony 126 1—ft. , C'.- -ArKW eulvquaoualy�nerth of the UC'9: 74-76 High- ,. .vay-eauveway-and boidger far-e Cie.MO o[-apprTANeloiy'8 po i .last. A. Bradley Ccaek eubagrcously ee'aft the a. S. 74-76 I119hvay ceuuewry one bridge for a disUnca of approxiontaly 1 goo feet. The purPdte Of.tba eetement Se to provide the Town of v[1 ght0Va ile vetch with a canneetlen to lire NortbcedG 1 TnLerre,tnr .,.at,, Vtlml ngfnn Area 101 raciliein Plan. Sao. i atr aelurl tlravinY= •'ntiuo •.•onttery setts, fe'sys.ft, Volta MIA, Soun or wrighbov LJle Beach, North Carolina°. It " ondereroad aNd egrced that this eonveyan[e is rude cubiAct to the tnndlcien thAL the Earty of the Eecend I.ra shall 11.11,17 obtain oLl nooeo0ary petmlts tegulted by Stole and Fedoeai ]ew. iaiJute tN Obtain such remit. is j iinuly mannee When be aaoaed an ebandonaent of .aid aaeereall TO NAyE AND To Horn rho aforesaid Clgbta• PIialloges,. and eaatnont onto LA, said party of "a second part, its vecelfto. and asaigns. for aft long ea said pipelino la ut Uifted by the party of the errand pact, it. srceneore and j esslgnn, roe the plltpas0a set foLN heroin, end no longer. j 3R TESTIMONY IiNGpCOP. the State Of North Ce[bLine has caused Lhiu in.1,1Nent to be Ckeouted in {to cane by JANES j O. BUBB. 3n., Hevernoq attested by IBM EUM, Sectetety of i ELet., aAd this Groat scaL of thN Ftato of Neeth Cemilna herete_ �. af£iaad, by virtue of the paver and auNority efamoaid, na Al the day &Ad year first above vrltcan. �- 1 sTA^J. Or MRTM GtPODUI m Mtm M 1ua , fuFVS L. enrrtSrPJ etmrney 9vnetel •mvYC4o S. 8d1ry• T -�' .hui(tdnt TkfL2nuY Cdi�CFal i STATL B9 mm WY11Nd 1 Mum or uafe i, BehoNA YW G DM. a IW[ecy p.blle fn eed eec d1u ccunry ma score efameta, ¢a ke[ab) ee[tlry N[[J4 B. Ymi. AF, euvcm.i Of du Scn[e ar F.. b Grvlieer end 21m. eLL4C, Smv¢nty of Snce Of 12.rm G[olty par[mdly eve before ne ek dry W bdley by me duly evom aeva m6 roe. u,11 [Fac Fm Imvw Ue Cm[[ Seal of ehm.5[a[m.1 Nv[[h umllea,md rb[e cka.reN mf [I[eJ [m dv fa[aQolnB fne[[mm[ 4 Na Cm[ Scot of [ke S[rte] ehae jkm B. Omer. n.. Gve[m[ of cold Sm[e. uvd SMb. FLEE, Rcm4ry of F.. eutra[fbd rAaknmM+v Wcern. NI b) vf[me e1 [ [uolu4en Of [Fv Gueb11 of Sn[el [fie mee and deed of Nc bC.M o111ortM1 [ecolina. IN9Slb531 ...F.� ?t Fm b[mcn[o u1 y tend [v! Neudel B<al. Nla rtn.2_dq nC %ATC_,. 19By. Np GrnLefnn Npieeuf _ I5\Im[e utw .OGE IfE 'O'FGR [ S ITE_ IBI PLAN PROFILE KEIN-N-ANS CREEK CROSSING. �..�.. s isoua L 1 N fon�F RaYI µG WILNfL 0¢R RWI. ^—` U.S. /q (p 11F UE TRAS6AM SHIGGE PLAIN A.M.W.CROSSING �il: �✓Wrt _ xq✓J11 _1C l / PROFILE A I WW CROSSING SITE V aPna-+e[:om a Y.I:.RrP.4[E, KTCN IrtFA[[lRpq ._IIaIW \gl[EEERO q'v41p{1F3. yuyyypRy� 5R FII-E Ne 21E}' leit4G,lv"— i I 1 �j ranar c lllt onmCN�`S L�'t. JI--• r;•' L S� TL 1 M m CF SITE BRADLEY CREEK. CROSSING I1I PROFILE Q,X�EEY CREEK CROSSM r,rareLkP uexru- r,en �LY rnurtYNl MLU. NR. a m ogFrn.LincY•:n �. aar 1 S'X� SL-L?SFI.IT!°tl. T ELEV. SECTION KENNAN CK. PILE BENT •L„�Irl VI: 4p6tpl[IIYi rkl:•v:le,i �PM, , r. cPElt o1l POenL. NuC rG4 p CLLLC �It'rIrY, Yt4 JI. On 56i IITG11W1 MG] ¢"uu. reuvm•uae Len-n Low¢erl: •,xwll, iRc:wLV41!: IYVI v IIn161YaLG: I'IrlHrrllo.Y NIf.PNIc 1M1Y uCiIrIW pf C)[.11•/.TII:V: cL.VeY11 Y.LL /JC11r110 I,krmm�uv.urrn: n ,L1.YNP nP WILI:InI: I,LLV L. a — I eNf lc� ercer npIG4E J iai<<.�� c�. ct�E�u:_cnosslNc. Sl 4 W 1 AA" �OF141_ L�gA�YJLEJf GAF EEK'GROSSItJ'G srre n' ' CLL�� 3(G'f101� .. T-rolr_AL PILE roENT ....... .e.uursn....Li+.c. uw4 wxlJ incaec e.Wl.wcm+Nr 'SHEET -- SITE -A OPNAS CHPNN 9VB40YF US CP099N0- uiuL ona. :«cix or wo•eutom,�neaom. rw uxtu rur rmt a:ea nLssiuYw, e+LL n..Y ' uurnrX. urem+vs: n nxuv unxco or o�irnnon� cuusncu. o[Prx a armnoY: r, nsm w.x[u r, •� wrL nncxov wnca r• •°n 1 a fnpgn6LpG4. �1a%N[Ey �i1:� I�RXCC W% Pa r �^ Si.eTIOY-EtL.V11140LE ..T.1..1M SANITARYSEWER IMPR0VEMENTS FORCE MAIN ee�exrrzcrx.. c-nmss• YYx TOWN OF WPIOPi6VILLE 9EACM XOXrN [avoLlXn A%'A •q •runnn, nvnnea. ac ,ru 6CM MP-1 APPLICATION for Major Development Permitii (last reLisad 1027106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary.Applicant/Landownerinformation 'Business Name - Bailey And Associates, Inc, Proled Name (f apptiwNe) Grand Vlew CommunHy Marta Appldabll: First Name ,dc Mr. Chic Lnst Name Bailey Applirant 2: Frst Namo MI - Lesl Name 11 erMilional ap0� aNs, pksse etdcAen adevfonalpags(s) wiN names 5sled. - '.O. BoWEressx P P.O. POBax dD0 City Jacksomille Stale NO zw 28541 bouncy BSA Pbma Nc. g10-34(1-8443 exL FM N. 910-346-8637 Sheet Address (if diXomnl hum abeve) -- city Stae 7ZIP Emag cwbaileyQbaileyandessodates.ti¢ 2. AgentlContractorinformafton _ Business Name Land Management Group, Inc. Agenu ContreGor l: Fra Name MIRl". 'Steve Agenb'ConlmdorZ Flrst Name `' MI Laura Mating Md. BoxCity Slat. 3805 Wrightsville Ave., Suite 15 Mi minglon NC ZIP PM1 ace NPion No. 2 28403 g10-45 — eLL FM N. Conlradar4 1010 452 0060 Street Address (ddRcmnthom above) City Side ZIP Bmag smelrieon@lmgroup.net; Istawav @lmgroop.net <Form continues on back> 252.a0e-2508 „ 1-860-4HCOAST ., www.ncc02st2lmanagcment.not Fenn DGM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 7. Project Location county (can hem iume) streetApdmsa Slate N-# New Hanover 202 Summer Rest Road S.R. 1417 Subdvnize Namd,. I:Ry Stale Zip NIA -will serve Grand View rental units ' PMre No, Lot No.(z) (I.",, aH ch edtlih'malpege with 94 an WA, a.-ln wNtlfNO river be is the pmjed bcaktlT b. Nome ofbodyofwaleire5reattoproposed prolect CQ(bC Atlantic lntrawastal Waterway and Molls Creek a Is the water body ldentlged In go) above. natural or mamwdo? d. Name Ne doeeo[majorwaler body to the proposed .led alto, Esmond! OManmade DUnlmovn AIWW e. IspmposedworkwMincky NnilsarplanniMlurisdaun7- - - IIY aPPlirable, Rstdre Plaimlr9lwlsdidion or illy 4milNa Dropose0 ' MY¢o ONo - vmyxlallawilts, City of Wilmington (above MHWI and New Hanover County (below MHW) 4. Site Description _ a. Total length In. Sbe 476 fact NHW oOm 0.65nas pardN(NgR IS date e She of OZvidual lods) d. ADWotlmate eleballon dtredabove NHW iinmral highwaled or WA, NWL (normal walerfeve9 plmenyMszes, ploase edeMaddOionelpage wtihegs0 Uplandarea—T MNHW or ONWL e. Vegetationontred Area below NHW includes coastal marsh species such as Spading allemiflom, Distchla spieala. Umanium carolinianum„ Sparlilra patens, and Sagwma depressa. Upland on We property is largely vegetated by Merolla cedfem. L Marinade features ant uses nawan trail Approximately 127 IR of bulkhead; 6' x 652' fixed access pier, amp; 6' a 66' floating dock providing two boat slips. g. Identify and describe the exiatig land uses a4,,al to the propasetl pmled site. Adacentuses to the north am residential. Adjacent was to the wrest, along Wrightsville Ave, ale largely wmmenual+ h. Haw Foes local govarmnent zone the tram I..bNe proposed proletmnsktenlwiN the apDRmbkznNrgT City of Wlminglon zones upland as 0&1-1(Officeend Wlaah zoning rnmpAan. wdlRrale, gapDusablel Insglu6dnal 1). New Hanover County zones area below Myna ON. ONA MHW as BA Business (GIS dala). .. .__. (. lathe proposed adivily pert ofan action waledromredeveloDmept prpposaR DYcs ON. k: Hasa prolessbnal arcpaculogical azsessmanl beentlone fortha lradT if yea, atizdlacopy. DYeaMNe ONA Ifyes.bywhom4 L IS the proposed pr.1W located In a National Raglst.,.d Hoona District or does R involve a Oyes MNo DNA National Registerlisted or.rgible property? 252-808.2008 .. 1.800-4RGOAST „ www.nccons toluene gee mant.nat Form DCM MP-1 (Page 3 h(5) ,Form continues on next pageu APPLICATION for Major Development Permit m.O Are thee. wellends an the, ait.? - ®Yes ON. (4)Are there mastaiwetlaotls chine site? Eyes ON. (I ®Yes ON. n(Atlerd dacurr, n)lel AoveuaMe)a delircalion been condudedy n. DasoibeeAMbgwastowa@rimatmentfsciFUe3. _ Work coo, uesled in Nis apple a5on does nolrequies treatment of wastewater, but the property Is sewed by the Cape Fear Public Utility Authority. q: Describe exlsWg grUik'ng walarsupplY sourm. Work requested in Nis epprication does not require drinking water, but the property is served by the Cape Fear Public Utility Authority. P Dezvibe edsWg shun watermanagemeN orlreaMant systems. There are no Busting stormwater management or treatment systems on site. Existing development is pervious decking. S.-Activities andimpacts a: Wd the prgectbe forammmdai, public..1 private use?' -- ODnnme col ❑P URUGovermnenl Eprhotelcom study b. Givlic a brief decoiplion of pumas¢,use. mid deny spor.lom, of the project when complete. Purpose is to expand docking facilities to proves 14 boat ships 24•and 30'in size. Nlbealsgpswouldeemetha Grend Uew apartment rental community currently under caretmdion it Wrightsville Avenue. Slips would he available for use by residents of the residential units within the mrced-use development andwould be used for resentenced boating. oneeelhc pec emtl owthess. meNodalogy, types afromWdion equlpmenlb be usedduringwmluell a. the numMra rich typo of equipment eM whereills la be stored. Installation of new Boating docks and mooring pRingswould be done with standard washin piling rig. Proposed dredging would be'buckello barge' with material dewateved on the bargebefore placement in an approved spell disposal area. LL4 an development adiriUes you propose. Construction sinew floating dock and ?finger piers to provide 14 boat sips 24'and 30'in size. Consiructionofhvs platforms. Dredging within 5,448 sq.f. of public twat bottom to feel depth of 4' MLW. Majority of mostlW fond pler to remain. No upland development is proposed. e. Are Bceproposedaeivitiasmalmenanwofanexistingprgw.newwofrt;orbolh? - Both I. Whattsthe appmx'vnatetolaldbtuhed lane area msulUlg fmmihe proposed pro7op? No upland disturbance. Dredging below NIiW - 5,448 E Sq.R OrElAoms g. Wdl Ulopmposedpmjectencmmhonanypub eawmenLpITbl a. assewdyorotherarea OVes ENO ONA Ihn thgpabli. has established use on h. Desaiba loroUon and type el oxistilq eM propazetl disrliames 1pwalers o(the state. No direct discharges to waters of the state ere proposed. L Will wastewater or elomiwater to dschasged into a wdland? [3Y.T ON. 0NA Ifyes,win Pe disMeryed wafer he of the same salingy es No romMog w.tw? OYos Ohio ENA )- le there any mOgaUon propmed? - OYes ENo ONA If yea, atlach a milgaW. proposal. 252-588-2800 :: 1-888-4RCOAST :: www.nosoostalmonagoment.not Famn DCM MP-1 (Page 4 of 5) <Form continues on back - APPLICATION for Major Development Permit 6. Additiona!!n/ormation. In etltlil)on(o Nbcompleletl ppplrcefbn(orm,(MRug the hRpMdg Rams Delow Jepp6ceble, mull aB sar-sco inmff's-P Ili tio- flan package (a be compote. Items (ej—(Q ere ehvaya eppl¢aNa benymafwQevebpmeN app�Mab'm8 Please conwfl Na app4Ta0an IasWCtpn baaWel on DavmpropedYPraPem NBreeuWtldems Debw. a. Aprelectnaaabo. b..An accusna. EaNd work plat fmdudilg plan vmvand oersseatlow dmuAtgal drawn to srak. Pease give fire pre.m lotus of the Mposed proles Is any potlbn eheedycampkki If pmvlousy authorized work, deaM indkele on maps, plats; drawings N distinguish betweenw compleledar4pmposed. a A site orbotion map net IS sufficiently detailed to guide agency personnel unfer gbrw'tih the area 0 be ape. d. Acopy d the deed (with slate apptirag n only) orobet Nstmment under wNrA the applicant claims file to be aRested properties. e. TheopproprtafeapPlicetion(ee.Chepk ormasdyomermada payable 1p DENR. "L A Ilst of the names cad complain, addresses ofthe adacentwaterfmnl (dparbn) hands nem and signed return noelpts as proof thalsuch owners have meekved a copy of the eppgcstlon and qob by cemfied mat, Such landowners moat be advised Net they have 30 days In whitl: bsubmit commems an be proposed projectOn the Division of Coastal Management. Name Jofinand Ellxo 618ckve0,LLC (ZOB Summer Rest Rtl. to Ne north)" phone Na._ Addw. 203 Sunni Rest Road. Winningham, NO 28405 Name NO DOT(US 24n6 to the south) _ Phase No, Address 124q n.a Grant, WJmi:glaq NO, 20401 Name Phase No. Mdmss g, AFW of previous stale offederzl permits issued for was, an We Mies, Vact. Include pamd mdnoo:s, pemose, eM Issuing dates. CAJA Permit N. 13-08, Caneard.lad Ventures Cory., 11119185. CAMA PmmitN.. 0 I. CGRS EasTrises, LLC, 7=1. Madigcetibn on 52210S. h. Signed consultant or agent auffim ten form. If applicable. - - I. Weiland delineation, it necessary.. J. A alined AEC hazard notice for projects 6r opoadmmN Out but areas. (Must bo signedbypmperyowne0 k A statement of cempeance with lase N.C. Envlmnmanlal Pogry Act (NAGS. 113A 1-1%, gneoeszary, If Ne pmjed Involves.'e xidam, of public funds or use of public lands, slash a statement OowmemingcompliancewlNthe North Cam' Emmm�mental Policy Act. The project will be subject to the conditions and restrictions contained in the permit I Gerrity that I am authorized to grant, and do in fact grant permission b representatives of state and federal review agencies to enter on the aforementioned lands In connection with evaluating information related to Wa Permit application and follow-up monitoring of the project. I further certily that the Information provided In this appli is truthful to the best of my knowledge. Date May 4, 2015 Print Name lend Ma�nageemment,Grroouup.p. Ina, agent Sigtlatura -�L> Please indicate application attachments pertaining to your proposed prefect. ®DCM MP-2 Excavation and Fig Information DCCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development 252-808-2808 1.0e0-4RCOAST :, www.m Gass talmanag....t.n0t Form DCM MP-1 (Page 5 of 5) ®DCM MP4 St.d.res Information APPUI TIONfor Major Development Pe and 252-808-2808 :: 4.688-4RCOAST :, www.necoaetel m u n a 8 v m a n Lnet �� 1�119111�II�IGIIIliVl�llll�ll�l��ll a��1 zemsmxasz U pOq pECp6}Nq}Iq! pEG[1[161E11 Of pEE96 . INNOMRRCgpiY � NC 2006 3lN 02 01:3145 11 B�i503f F0:1350df353:FE0.Ei t+E20;000. NONE`l.5ip1'A:i9E ANN 1=02 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: NANCY M. GUYTON, Attorney at Law 321 North Front Street, Wilmington, NC 28401 Excise Tax: $950.00 - TAX PARCEL No: 1105714-004012.000 R05714-004-019.000 Brieffdescription for the index:. Summers Rest Road Tract NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made. this 30's day of May, 2006 by and between, CGRS Enterprises, LLC herein, whether one or more, called GRANTORS, and Bailey and Associates, Inc„ whose mailing address Is P.O. Box 400, Jacksonville, NO 28540 herein, whether one or more, called GRANTEES. Wi TN.E'SSETH T.HATs THE GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to them in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto GRANTEES and their heirs, sudcessors, and assigns forever, all that certain real property located In Now Hanover County, North Carolina, described as follows: BEGINNING at an old iron rod which is located S 11' 28' 88" E 29.04 feet from the centerline of SR #1417 Summer Rest Road and being North 150 feet from U.S. Hwy. 74 & 7e as shown on the plat of survey hereinafter referred to and running thence along and With the eastern line of Summer Rest Road, N 56" 29' 18" E 82,10 feel to a point in the eastern line of Summer Rest Road; thence along and with the low water line of Mott's. Creek the following courses and distances: S 16' 66' 50' E 41.00 feet; S 6W 06' IV E 23.10 feel; N 85° 27' 07' E 42.63 feet; N 76' 02' 55' E 33.79 feel; thence S 77° 45' 03' E 29.25 feet; thence S 64' 60' 20' E 39.22 feet; thence S 43' 40' 13'.E 76.49 feet; thence S 53' 43' 57' E 67.01 feet; thence S 42' 02' 25' E 98.92 feel; thence. S 9' 40' 26' E 59.23 feet;. thence S 85° 34' 52" W 78.97 feet to a point: thence N.54' 02' 13' W 35.77 feet to an old iron pipe; thence N 54° 02' 13' W 16.80 feet to an old right-of-way monument (disturbed); thence N 54° 02' 13' W 372.56 feet.to an old iron rod, the point and place of BEGINNING as per map of survey for Summer Rest Associates prepared by Sherwin D. Cribb, N.C. Registered land Surveyor, NL-1099 dated October, 1984 to which reference is hereby made fore more particular description thereof.. The property hereinabove described was acquired by Grantor by Instrument recorded in Deed Book 1938 Page 0761, of the New Hanover County Registry. TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances lhereunlo belonging, or in anywise appertaining unto the said GRANTEES, their helm. successors, and assigns, in.fee simple, forever. AND -THE GRANTORS; for themselves. their heirs, successors and assigns, do covenant to and with the said.GRANTEES, their helm, successors, and assigns, that GRANTORS are seized in fee of the above granted and described property, that GRANTORS have good right to sell and convey the same In fee simple, that the same Is free and clear from any and all restrictions, easements or encumbrances, and that GRANTORS will and their heirs, successors, and assigns will warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. All easements, rights of way and restrictions of record. 2. All governmental land use statutes, ordinances or regulations, Including, zoning, building and subdivision regulations. 3. Ad valorem taxes for current and subsequent years. 4. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NO WARRANTIES OF ANY KIND ARE MADE WITH RESPECT TO ANY PORTION OF THE REAL PROPERTY DESCRIBED HEREIN WHICH LIES BELOW THE MEAN HIGH WATER LINE. IN TESTIMONY WHEREOF. the said GRANTORS. have hereunto set their hands and seals as of the.day and year first above written. CGRS Enterprises, LLC �I By. _(SEAL) Charles N. Garrelt,'Member STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1 certify that the following perspn(s) personally appeared before me this day, and I have personal knowledge of the Identity of. the pdriccipal(s); each acknowledging to me that 'bar 'or she voluntarily signed the foregoing. document for the purpose slated therein and in the capacity Indicated: Charles N. Garrett, Jr.. Date: 4(n16(n. .. (Official Print Name Stare+8'- L. irelat .. Notary Public My commission expires: I O jn-. 201 D REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 e:>... \ >i,ai..>w!x +�Wr�i,�N"i,�.u.-wwruii{i,n �w>��Mryw,iawi ww>rn>wwnwN"�wiw FOed ForPogistratlom 800lc Document Noz NC REAL ESTATE EXCISE TAX: Recorder. 08/02120U601:31:05PM RE 5031 Page: 13504353 2006031382, DEED 4POS $20.00 $950.00 PHELPS, MICAH State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RERECORDING. *2006031382* 2006031382 Form DCM MP-2 EXCAVATION and FILL (Except far bridges and culverts) Abach this form to Joint Application for CAMA Major Permit, Form DCM MP-d. Be sure to complete all other sections of the Joint Application that relate to this proposed project Please include all supplemental information. Describe belay the purpose of proposed excavation and/or fill activrUes. All values should be given In feet, Ae¢¢ea Other Channel (NLW or Canef Boal Basin Boat Ramp Rack Groin Rock Breakwater (excluding shoreline NWL stabill3atlon)- Length NIA NIA Irregular. .Total Area= NIA N/A ,,...e, .. WA NIA Width N/A WA - 6.44a sq.0. WA NIA WA NIA Avg. Existing NIA WA MLW (a) NIA NA NA N/A Depth - Final Projact WA NIA -4' NEW N/A - . NA NA NIA Depth APpraitu::ately 007ry c 0Coes the area to the ac,avaUxt ndede coastal uoUendsimarsh (CVQ, submerged aquatc vegetation(SAV), shell bottom(SBL nber@¢IWds fWl)J bmree en: cheUsO, pmvida the number at square feet a0edede<led. OLW OSAV _ Ogg 1[3 L ®None O Dcfa@a the puranse of the exravatian in these areas: WA Bollam sediments of AMNd aM Mo6s Cmek, gram stra anticipated to he prhoaNy same. d. WJh,..d exU:Ydllen YI NEIC Yards. None. 2. DISPOSAL OFDCCAVATED MATERIAL - []This setl?on notapplicabfe a Locxbon0dbposalarea.- Spoil disposal island onAM/Wapprox.0.4-mile southof Area within Shore Acres Co. parcel R06300002-003-000 site. Shores Acres Co. property(R06300-002-003t000) of approx. 0.3-aches. behind .Cdips'AMM/_DA 0248. - c. WDo you,daM hu¢lo dbposalareax pYcs ®NO' ONA (i0if no, atlach a labor granting armbsbnban the owner. e. O pass the disposal area iadW a any coastal waftneh0 narsh (CW), submerged aquatle VegetvWo (SAV). shell bo110m (Sig, armherwx1aads(WL)? If any boxes ere cherkeQ provide the camber of sgaaroteat affeaed. OCW OSAV _ OSB OWL ®Nano (lil Comas the purpose of disposal in these areas WA d. (7 Wilt a dkposal area be available forfuNm ma0lenanm? ®Yes DN. ONA Ell If s, where? Anticipate future requests for use of same disposal area. I. O Does the dspmal inckide any area In the water? OYes ®No ONA gi) If yes, Iwwmud: water area u e8eded? WA 253d08-2808 a 1.000-4RCOAST :: awrw,:nccoA@lglmgna9RTo8t.ne( ravlsetla3YtE.bO Form DCM MP-2 (Excavation and Fill, Page Y of S) (I/devclopmenflse woadipaie, use MP-1-SbUctures) a. TYpe of shoraline, sOMllafon J. .Lenglk DBulkhead DRfpap OOn:desater/Sill ODNar. "Ve c. Average dlsUnca xMerv2N of NFMI orNWL d. Maximwnd¢ie.esbcnxardof NHLVorN - a. TypeefelabObadanmaterlal: g. NumberWspamfe tuffdlWbeplacedbelmmw rleyel. Bulkhead toWfl_ Ripap_ Breakwaterl5ill_ Other_ 1. Soures of rill material. (I) Wal BY re lenN be Magri to me snef UI bb L byes. pg Arrourd Mmaterial m be placed N the waler (h) Clacrebas of W ama (W) P.W. of fill No esczvatbn or f06 proposed above MItW al NNW. C. Ip ww:ww9auunai one ua e'uueu as e,wuu m mu yrvpur OYea ON. DNA gp I(ye; explain sdott (roe and howihaywil be bnplamenled. N/A May 4, 2o15 not applique L, 0 Has there been shorefna ereon during pmceGmg 12 months? OYes ONO ONA (tt) If yeA slate amount oferoroskn and source of erasion vmvurd inlo:mafcn: h. TypeoffdlmateraL OCW OSAV _ OSS Olaf. []None (� Oezmbe the pprposa of me Nlin these areas: 4: W Will etlands be tl es a rossed In ONAranspodmg a?ulpr lW project (tt) byes, explain steps Ihalwgl be taken to avoltl or mn'unize emironmcnfaiknpatls. No fringing watlands will be impacted at spoil dBpcsal slle- axlat, aaess .in wageble. Project Name Data Grand VI", Commonly Marine Bailey and Assodafes, lao Applicant Nane 2^v2-800-2800 :: 1-00fl:A000pST:: ww_w,,n<cq;}talma,iaggmepLaet revlsed: I WZWU0 Farts OCM MP-2 (Excavation and Fill: Page 3 of 3) L y f— App0®n[StlaotUe 282-008-2808 n 4-888 ¢COAST:: wv�w,ac4.Q9stalliianagomenl,.nel revBetl: SHORE ACRES COMPANY FACSB MILE FAX 912N231-1594 TELE 912 236-5644 TO: LMG Land Management Group, Inc. ATTEN: Laura Stasavich YOUR FAX NO: 910/452-0060 FROM: Lawrence B. Lee, President DATE: January 5, 2015 RE:, APPROVAL OF PROJECT —Bailey and Assoc. Inc. USACE DA 0248 PAGES: 1 Your project. is hereby approved. The rate for dumping on the proposed Shore Acres land is $3.00 a cubic yard. We assume you will get the required approval and permission from CAMA and the USACE. We understand, that you are proposing to work with Tommy Wafters- If that changes please let us know. Good luck with your project and let us.know if we can be of any further assistance. tawrence B.Lee President From DCM MP-4 STRUCTURES (Construction within Public Trust Areas)' A((aclilhlsf=w Joint Applieationfw CAMAMalo..Permll,Fo=OCMMP-1. Be sure to complete all other sections ofthe Joint Applicaflon Ost agate, to Nis proposed pmjea. Please include ell supplemental lnfofmatlor. 1. DOCKING FACILIMMAMNA CHARACTERISTICS e. 0) is No do ling faultylmafba: DCommemal DPubbaGovarvneN; ®PrNate/Canmunby or. 0 Docks) end?orpreNa) M Number Please see attached MP-4 supplement (w)La,in Please see othictred MP4 supsuenlentl (N) Wdih Please see attached MP4 supplement (v) floating MY. DN. e. O Are Pletfomis induced? ®Yes ONO Ifye% Xp Number Please see attached MP4 supplement Fo Length Please see attached MP4 supplement (iv) Wdih Please see attached MP-4 supplement (hfloBW9 ®Yea ONO Naha:. Roofed a.. ere coknlefotl from ddPllne dimensions g. t Numbe(ofslipsproproad i (a) Numberof silps ezieting 2 I. LMdt lho DroPosetl type of s�p:lg: ❑ land a4 and ..as dwnml 00pan water; drudging for basin andlor s,shrol ❑open water; no dredgl g required DONer, please descnLe: DThk section notapplcable b. (g Wdi NefaaTtyb Wentotbegenemlpublic? DYes ON. it: nAm Fngor Piers Nclutled? ®Yes ONO glare: (a)Number PI X NdMP4 _ I"- t (goUngth Please see attachedMP4supplement (ry)Wtlih Please e aalached MP4 sugdlemenl iv) Floating ®Yes DNp L @Arc BaalbXsiulutled? Dyes ONo If o: M Number WA (g) Langlh NIA (N)W1dIM1 NIA h Check aO Xre types ofseMces lobe pmvtled. ❑ Fug serv4z. 6vJuding sent Mandfor rail, repair or malntenanra senator ❑ 0nekage,fuet. and madne suppgm ® Mourge (Wet alpol only. gunner of sllpa: L4 ❑ Orystp29e� number olboalp: ❑ Boat ramp(s); numcerof boat rampz ❑ Cut, plee. desalbe: 1. Describe lrts. sail bass. lobe hatred (a.8. open mnabput, chaderboaba, sail boats; robed IYpea). Open runabout k Typical boat length: 20' to 30' L p)Wll the faalityee open to Ne general public? DYm ON. m. NWilllhefaaLlyhmietiepNMs? OYes []No M Byes number of W Plugs? J4_ 252-80e-2808 ::1-IM8dRCCAST ::.vtww.neca_ast�imanagementBei ro need: 12127ios Form DCM INP-4 (structures, Paso 2 of 4) Z DOCKING FACIUMMARINA OPERATIONS pTh)s secLunnof app@stile a. Checkeallot Nefolbwhgsanitryfadlitts Nehwglboindadcdin NepropdsedpmlaM ClOffice ToOto ❑ Tones far patasm; Numbers Loedliom ❑ Showers ❑ Boahbolding t nk p.Wxxd; Give type and location: b. Gesaibe Inched type and disposal location for all analery wastewater. No"anent for sanitary wastewater will be needed. Bathrooms are available within walking distance at associated residential units, and facility will have a no overboard discitarge policy. Pumpout is available at Seapath Yacht Club located on Harbor Island, Wrightsville Beach, approximately 0.9 miles via boat from the site. c. Gescrin Me disposal of said waste. fine offal and hash. Trash cans will be located on the upland portion of the property near Summer (test Road: d. Ho, will overboard dtobargo of sewage from boats be cantrolledt A no wa,boafd discharge policy will be enforced through the slip rental agreement and/or community roles and restrictions. M Give the location and number of'No 5e+2ge Discharge sign placated. - 1-on proposed floating dock (It) Givs the location and number ofhmpoutAvagabW alone proposed. One sign Indicating nearest public purepout (Sespath Yacht Club) win be posted on the past access pier.. I. - Oesonte the spacial design,ifapplicable,to, eonlelning iadushlal type pollutant, such as paint, sandblasting wash and pelrokuin paduds. No maintenance arfueling services will be offered. g. Whea wig residua from vessel realnanan®be disposed of? No maintenance services will be offered or allowed. In. Give the number of channelmarkaaaM"NOWakealgesproposed.. None, L GiveuaboaUondfueFhaMlingfadlilie.aMdesamelheaafelyntaswesplanncdtoproledamawLerauably. No fuel services are proposed. ). What cool be Ure mecca pagoy on ovemgM1l antl liveabwN dodagep No overnight or live-aboards will be allowed and wdl be enforced through rental agreement and/or community miss and restrictions. k. Descabe design nee .,nnwl et promNe boat basin cooking? Proposed dredging will be in open water to a depth of-4'MLW whkM will not exwed depths within the cannecling AW W. L If this project a an expansion of an existing marine, what types of sewloss am cursently pmvNM1 Expansion of existing two slip doe, with no services. 252-COS-2000 :: 1-0100.411COAST c www.n¢oasfalmanagcmenbnet revised: l 227/06 Form OCM MP-4 (Structures, Page 1 of 4) m. Is the metlneldo king fsdTty proposed wGltln a primary arsoosad. y nursery ereai OYes ON. a. Is the merinaldoking facllry proposed within or adjacent to any shellfish harvesting amai Oyes ON. o.. Is the me:Ina/tlbking faugly proposed lose r dchav& d.ceovide Me rumlmafsquare submerged a0uatth vegelegon (SAVl, shellbMtpm (Sa), or oNerweW:ka tNll)9 Ifeny bases as NekeQ Provide the number of square fee affected. 0cw OsAV _ CISa OWL ®None p. IsfheyropasadmarinaldokingfadfdyloratedwithmorwdhindwopmkmdytoanysheaBhte es? 11Yea ON. If yes, give to name aM address site Ieaseholder(a), and give the preptelty10 Me lease. WA 3. BOATHOUSE (incladhag co rered4gs) ®This section net applicable a. O Is the boathouse stmdum(s): QOamme:dal OPubldGovernment pPdvalrlCamnungy (g) Number _ (,lea,% (W)Width _ Note. Rooted mass are cerculatsd lion ddpsre dimensions 4.GROIN(a.is. mod, sheetpge,elo.ltetook groin, usa MP-2. Euonvalkn and Fill.) fd Title secd'on not appfcsbfe, a. O N:uMcr () Length (w7 WAN _ 5. BREAKWATER (e.g., wood, sheefplie, etc.) Whisseaionnotopplica a Length b. Averaged'abncalmm ISIM. WL,orweaanCa c. rvvAmum tlatence beYOntl NHYJ, NYJLarwellantls 16. MOORING PILINGS and BUOYS OThisseogcd not oppflcehle I . Isthestmg a pcmmmalctalmial 0publid(9o1e1rment ®PmatelCommuNty a- Oistancetobepbcedbeyordslwrel'me lleollestanoefmm atni aximate)v 29' 10 120' flea waleyvard_edoe 0f. ors None: yrts shouiew measuiohaamaah edge. Hpiesent. e. Ncmfthaewing NIA 7. GENERAL b. Nome 1j d. pespiplronof buoy (mlmp lnsrimf n, sixe, enMar; etc) No bouys- M, pilings within slips N1 lhlnugh #14. 262a00-260a :: 1-e6¢-9RCOAST:: www.nccapstolma pgpmentnet mviasd: 1212F➢6 Foml DCM MP-4-(straoWres,Page 4 of 4) a PmdmilydmcW.(s) Wadjacent dpadanpmpedy lines 1S to Ne southem riparian corridor limn; W to nodhem riparian corrdior Omit Note: ForEuoyormoorLlgpWry, use amofaw1:glricludinglerplfa of..L c Wdffid.aterbW, 508'alonn existingI to bulkho.d on eastem side AMNJ e. 0 WJI naAg.ti... I aldb be r uhed as a Sul of the pmjed? OYes 59Ne ❑NA (n)Ifyes,o*Wtnwhattypoandhmth wabe Ynpb nWe N/A May 4, 2015 Data Grand View Community Modna R lect Nam. Bailey and Associates,. Inn. AVIW tName _ Apprkant815nalum b. PmrJmlty0f stmtlura(e)IP ad)aceN dorkin9ladli0es —144'to Blackwell dock to the nonh d WalerdapN al watemaNeM of sbuqure et NLW or MM. E.l I' d du f m0'MLW to•11'MLWWthln Proposed slips, 25E-800--260a:: 1-88&4RCOA5T:: www.n{coaetslmanngementnej r.N.d. 1=7106 CAMA Major Permit Application Grand View Community Marina, Wilmington, NC MP-4 Supplement 1. Docking Facility/Marina Characteristics c. Ddck(s) and/or Piers) Exisfing Fixed Access Pier 540' x 6' to remain with.20' x 6- angled Pier extension to be added. All other existing docks to be removed. Proposed docks and fingers as listed in tables below. 'Structure '. Length ft Width ft Floatin Dock - 116 6 Floatin Dock 60 " 6 Fixed Pier 73 6 d. Are F(n er Piers Included? Quanbtv_ .Length 001 FiLthft e. Are Platforms Included. floating dock spine floating T fixed pier (Molts Creek) Quantity, Length it Width ft .� Floatin Dock ular she 'Floatin Dock i6 16 Gamou 20 14 floating floating fixed387 sq.fL Flowing gazebo (Molts Creek) TO WILMINGTON US Hey 5 SSITE WRIGNTSViLE AVE /� ds NWY 76 �`7 rp *�PtH F �6 cy CAMA MLlD PeenQAppliration Grand Vew Community Me, Summer Rest Road, Wlmingtoe, NG " Wwwl sww_ NTS D,. By. Site Locabon N am creed 1 of 9 fiFp� a �Aminmu�rmamm�wmraiw.aE K SJJJ _ �+- ^ o �� ncwea•em.�,s:x.m....-d D �•� h� - - - - - - - .m N,a mL�I.a,�n.nec.m..6m�K \« y Wn KwmIDmNO m.,cufenmm ``\ fa�arWUNa.,Gl xv �i u.o rvm�Nmo w`h0•'en � - - _ � _ - - �I�.,o,�,.�.'®w mwr'�°xn`.,.rl�,aaralNm: �` •-� - - � - - w�E,nnw»�r,,�m.,an.�.xmxx.�m,� �g.41f Ivawim xarm,uuks.avi,wrww \ '� utw+nnmr'wwmwn+iav �� . 4: �\� �` 2Q 7,y`� momeu�ufism..feecu.eorccru,tmaa'ms \j •i lyy(rr, li _ V4 ne 1 \ \ Legentl MHWCreek Channel Line ------ .04�h • (200B swvzyj 8 2w Riparian Corridor Limit MHW and MLW ___ __----- (.,Ned) Riparian Corridor Setback — — — — — — — 3 Normal High Water —M—M— 000 F (MG102014) Buried Sewer Line ca--o 000 000- WaterwardEdgeMarsh 000000 v (mappcE rmm eera7 O LwoxNUGB£MISNOTPESrox501FigilMAlWGmitxE WGplmxts. 0 100 2W u,amES umxmnmssMvm Oxrxmmua rinLE a[ExmTm[oeYrnlpo PESNafIE9rW0/AFfgi6ENEMLPFSFPENQPYPPO5E5MLY. RIStHE p PCHsmerry Eire¢ovmwaPwu,rrlwpaiwxrwcroprocoxracr pro' 1 Gate: Revabn Dab: nofEsmox.Luavmaurwmmccemuac ww,,rr�s le CANIA Major Permit Application sr412015 I yvy`i Grand Mew Comm unity Marina s zb: o NunO r nh drawing 6.Tampfatian of varmus surveys ard'a nora urofux cTHTNrem,or.. 202 Summer Rest Road, Wilmington, NC 1"=100' 02.14-05 seakdsiirveyoreng For GMNperm4n9anIY Natrrorw mg.gbn. — wa�os:gvragLw,am:cn..a,wseem TYb Existing Conditions Gnvma F" ore[ LMG 2Gf9 a�'w \�`a.\� - // ��AM _ aBcnwro-nar.�maru.,aurcxuoa�n¢nwaiaiimcz }� '�" rnunw.axmmn -. i 't\� Etwacwrzomaurx,newsirw el nrwnawwunwm 'w'rw_y �'.I '®� � •"=.w,.wo.,E...o.,Ea:�.,amc Y"-04o- P �4�``90 � a,�ax trijT O � p 9w v y Legend q MHW—...—...— Creek Channel Line -—..—.-- •�{+. �'� �x4j'we (200esery,) Riparian Corridor Limit MHW and MLW (per Deere Riparian Corridor Setback — oo 00 Normal High Water —^'—"— ^wo0o . QDia) IWOI Buried Sewer Line Watenvard Edge Marsh Proposed Dredging (reapped[mmv.00 WIn WNPGEMENI5 NOTflESPoxeBLErO0.LOLI.N14MMELMAIW Q. VrNrBSunO Ox7EMnxx.U4 1` EFSv GpM@9pNOtaErWIGNF0.LL0.EFFflFHLEPMPO5E50HLY. RL-lllE _2. SEGONLY.euwcD 0sO w NS®NIY6TIEONNE0.MLEaMaxoAPCONLW.Cip11000M/Ci - pVFOiFSLPWL VnYn'LOfI.TN000NAW. vpejo : CA MA Major Permit Application Dam: aevSnn Dale: ste less �L�r(x and knot a L1y1 Va Grand View Community Mantra Thiadnwmgh acp.,Ornp[ineope scale: eealeaw,Neygonly. eoeaea�nng. raip ne. leB r' d.Mn 202 Summer Rest Road, Wilmington, NC 1'=100' D2-fa-oas For CAMh vermitling Doty. Ho[rorwnsirvNp2 _ mx.....e�., <..,.N.axw ruc ex� ew,c.aw2ima Proposed Dock Expansion and Dredging Dn.n eg - "p. me 3nfg i �19 ,,�" , \',,`✓ter, "- - -- e?g�� \ _ L Legend MHW— ... .... — (200asurvay) MHW and MLW ---_----- -- (per0eed) Noma] High Water —�—�— (LMG 10R014) WatenyardEdge Marsh (mapMd Imm aenap Creek Channel Line ...—.— — Riparian Corridor Limit — — — — Riparian Corridor Setback — — — — — — — Buried Sewer Line ThIs dmwN9 �%a wmpl®tipn of vaHaus surveys antl knot a For CseAakdpaumry ngrceanlyO. Not fo rwns" dipn. WwN�,�ro G 91 ®aowma.o �w,..:.wzo.c .urx,AO p�lu�in H.cSYWPo SCR CF nss'irc ad.pL�',s�w M4/N �Q O r 4 3 �20: ea0t" 2 � 2T �. 2c ti� / ary wrm eaw cx MiuxL �esEi�mno�vmL nG � Tits dil Is a Banda ton al sail and is ncta uuewaTFs PMTnrsasoMa 1. Q.sal aenasaasE PI Paad.. R6l11E 59abd au na, an e nginaered call allsPaxsaann'.I�ovmLwavwuVrxva..Tnumviorartxr For CA&A permtlling only. Not for carelaNion. P0.aassnea.LLVRT'LCGTIN. PM Leiend MHW---.--..— (2008surall MHWand MLW----------- (per0aed) Normal High. Water —"— ^— (LMG tOM1C) Waterarem Edge Marsh (mapped fmm aenap Creek Channel Line Riparian Corridor Limit Riparian Corridor Setback — — — — — — — Buried Sewer Line 0 N 0 eo A a FS TQ ,, � �6Cy9 ti2�1 •o, 9FEC 77.77 qp �<M100 � SSG tiG Ty. Ai alall¢a. urc unur£:. pIIONNONTIILIVNv, A"Fi u.."n.e. OF FF Y' PM ANDM FOFGENENOLREFERFNMIMPOSE¢W6Y.".l nESION 50RTW �`QM1[RlMIIS,IM /.NpgR CgylgNRql fO LOXfµ'i FSSpNnL UMT LOGI W n CORLHY. Th6 dawNg la a=Mp OGenef carious survey¢ end h not a seakd survey or FFnMefed Jawing. Fer CAMA InFining only. Not for mn trvd.n. \',, pYStERgAR ___ any____ __ a .o• � �NF __ '��1 9 0` uc oF'fl'O eYli<Wvu oc Y'�""i �4m��Pxaf. N --I— OF wmm¢UNplyg40iu•noroe� ..e �uwrawoxiw..Naex.Now o•Isaw.xwnLwyxw..<ic .u.a _ Lwlawwoar m.o.•ev " r°Pacrx'KKurn''°"Ns�ewien� mmo�oKsooW � w�uunmvi�w `rv� Legend MHW _..._...— (3000survey) MHW and MLW------------ (pereecd) Normal High Water —�•—a— (IMC10401q) Waterward Edge Marsh (mapped Oom aeda0 Creek Channel Line — .—.--- Riparian Corridor Limit — — — — Riparian Corridor Setback — — — — — — — Buried Sewer Line Proposed Dredging (4' MLW final) ��5 ap R0 Cross Section Proposed Dredging Floaft Finger A Mooring Pile Floatng Dock Spine ^ r /1 Floating Finger 0I 10 s 6 3 2No= 23 :E -2 2 i -6 -10 -10 0 0 0.60 140 Ex Gmde Excava0on Area vmna aePun or*cm�m pLu zo ac Pralea CgMA Major Pennil Application Date: 51412015 ees nmw: LMG G antl View Community Marina Vertical Datum Is NAV88. "µ^w aw aa.... 202 Sumrtrer ResLftoad, YMIMnglon, NC sate: 1' 20' o px. 1: Water DepNs Are RelaOva To MLW Rela — amwmmww.a,.-sw.i wresmu�we.wo. a.m Tilk: Proposed Dredging Cross SeGionc Drawn a . F gore: 7of9 U f! � 0 FPa $ EE gyp N . O O EXCAVATION TO � U N Z ,d $x 0 o e O 0o z oo c� a uaiZ n wo E o rn O op �o o E n > o'o x o o o V n tY- W "vI ASK $ y H Vo 1340 11.04' o f n C Q 3 O U a U Pa 5 U2 N - ,_- PROPOSED DREDGE INC OTNM APPROXIIIATF --- - — - - APPROXIMATE ._ 1 4UIURESIAPE _ --_ _ _ FVOIRESCOPE E%1511NG 'y BOITO\1 COVERO 5PROPOSCD- T 9 URCDCE E%ISIING F.f CO VER .. . - d - _.. _... _.. -5 F.XI51'ING d, _ -10 -0+20 0+00 -0+20 !� 0+20 0+00 0.20 rrhh �e ntuDxvluEnt':avl NOI'L 17 CAMl =RIOPHYS LYVFAUTDEITHOPALLMLPNLS NO I) CONIRACIURTOPNYSIGI.LYnRIIYDEP[HOFALL IlUnn V f1°d=tlAhe t° I °f611 f^ PRIORIOWNS[RVCPION. lNGINECR'IORENOTIFIEDOPANYWNM- = PRIORTOCONSRUCIION. ENGRIEFJt'ID OEHOtl1:IED OFANY CONFLLTS. 'ro 3333 PRIORTOCONSTItOC110N. PRIOR WNSCRVCItON. PROFILE 1-i AT BAILEY DOCKS PROFILE 2-2 AT BAILEY DOCKS HORT.. i'=m' `�{11n�1'P]1� I TK CIKO �m DATL: P.....: m+oe oKnwmuq RE: VRT.. 1"=5' VERT. 1"=5' VERT. t"=5' 'COPY NORTH CAROLINA Nat HANOVER COUNTY TIDE WATER POIJER COMPANY and STATE HIGHWAY AND PUBLIC WORKS COMMISSION RELEASE THIS AGREDIENT, made and entered into this the 31st day of January, 1942, by and between tho Tide Water Power Company, a public service corporation under the laws of the State of North Carolina, party of the first part, and the State Highway and Public Works Commission, an agency of the State of North Carolina, party of the second part, WIT14FSSETII: THAT WHEREAS, the Tide Water Power Company has heretofore operated a trolley line from Wilmington, North Carolina, to 'Wrightsville Sound along a right-of- way, a portion of which was owned in fee simple and a portion of it was owned by way of easement only, such right-of-way being used for the purpose of operation of'said trolley line and likewise. for a power line and gas main, all of which constitute public services authorized by the charter of the said Tide Water Power Company and operated for the service of residents along the said right-of-way and for the Town of Wrights- ville Beach; and WHEREAS, on account of the development of motor vehicle transportation the further operation of said trolley line is no longer a public necessity and has been, with the approval of the proper authorities, suspended and terminated nova the track for the said trolley line has been removed; mid WHEREAS; there .continues to exist a public need for means of transportation along the said right-of-way for the public heretofore served by the trolley line, and the State Highway and Public Borks Crnmnission contemplates the establishment of a public highway for the purpose of supplying such needed transportation; and whereas, the State Highway ,and Public Works Commission, in the exerciso of the authority vested in it by law, has caused to be laid out and appropriated for highway purposes a Tight -of -way along the line ofr the tracks heretofore operated by the Tide Water Power Company, the said right-of-way being embraced within two parallel lines 50 feet on either side of the center line as hereinafter .described, except for such places along the right-of-way as may be narrowed to avoid present developments, as indicated by appropriate sipne erected on such premises, and such right-of-way also 2- -2- being flared or widened at its point of commencement on Seventeenth Street from the point where.tbe trolley line entered Seventeenth Street on Castle Street, embracing the triangle between the trolley line and the intersection of Castle Street and Seventeenth Street, and thus extending from Seventeenth Street to Wrightsville Soond along the following courses and distances, the same being a description of the center line of the said appropriated right-of-way as follows, to wit: BEGINNING in Wilmington at the intersection of the center line of South 17th Street and the renter line of the track (now removed) leading to the car barn (9th and Crnage Streets) Station 0/00; thence S. 57 degrees 05 Minutes 1., 340.1 feet; thence S. 57 depress 44 minutes E., 2433.8 feet; thence S. 57 degrees 1,2 minutes E., 2741.6 feet; S. 57 degrees 41 minutes E., 3821.0 feet; thence S. 57 degrees 38 minutes E., 1965.3 feet; thence with a circular curve to the left 1056.4 feet (radius 2772.53 feet) through a central angle of 21 degrees 50 minutes; thence S. 79 degrees 28 minutes E., 5576.4 feet; thence S. 79 degrees 26 min--:; utes E., 3206.1 feet; thence S, 79 degrees 22 minutes E., 838.37 -feet; thence S. 79 degrees 19 minutes E., 538.93 feet; thence with a circular curve to the left; 710.4 feet (radius 2750.35 feet) through a central angle of 14 degrees 48 minutes; thence N. 85 degrees 53 minutes E., 1785.35 feet; thence N. 85 degrees 55 minutes E., 221,3 4 feet; thence N. 85 degrees 57 minutes E., 1158.15 feet; thence 11. 85 degrees- 51 minutes E., 174.5 feet; thence with a circular curve 1047.0 feet to the left (radius94✓..88 feet) through a central angle of 63 degrees 31 minutes; thende N. 22 de - grees 20 minutes E., 1316.55 feet; thence N. 22 degrees 50 minutes E., 169.0 feet; thence 11. 22 degrees 26 minutes E., 207.55 feet; thence with a circular curve to the right, 1485.01feet (radius U46.28 feet) through a central angle 74 degrees'15 minutes; thence S. 83 degreow 19 minutes E., 2014-5 feet; thence S. 83 degrees 16 minutes E., 1852.4.feet; themEe with a circular curve to the right 663.8 feet (radius;942..29 feet) through .a central angle 40 degrees 23 minutes; thence S. 42 degrees 53 minutes E., 261.7 feet; thence with a circular curve to the left, 212.2 feet (radius 955.37 feet) through a central angle of 12 degrees 44 minutes; thende S. 57 degrees 37 minutes E., 17.45 feet to the west end of the bridge over the Inland Waterway at 1•:rightsville Soiind.. NOW; THEREFORE, IT IS AGREED that the appropriation of the said right-of-way on the part of the State Highway and Public 11orks Commniesion Is and shall be subject to the right of the Tide Water Power Company and its successors in title to continue to maintain along the said right-of-way the power 'line and gas main with service connections as now constructed, or hereafter reconstructed, with thb limitation that If the said power line or gas main shall be found to interfere with the actual con- struotion or maintenance of the proposed highway, that the game will be removed a sufficient distance, but not beyond the limits of the said right-of-way, to avoid such interference, such removal to be it the cost of the Tide Water Power Company r or its successors in title. That in consideration of the sum of one dollar ($1.00) and other valuable consideration moving to the said Tide Water Power Company by the State Highway and S -3� Public Works Commission from all claims from damage or further compensation on account of the appropriation of the said highway right-of-way. IN WITNESS WHEREOF, this agreement has been executed in duplicate the day and year above written by the proper officers of the contracting parties by authority duly given by their govern9ing boards, TIDE WATER POWER COMPANY By LI H. Ea_exler President ATTEST: L. D. J ltta SECRETARY STATE HIGHWAY AND PUBLIC WORISS COP➢.11SSIOJ! BY Ley Chairman ATTEST: _ Ina, L__PQrroll _ SECRETARY APPROVED AS TO FORM AND LEGALITY: Cho. Ross - General Counsel, State highway & Public Works Commission NORTH CAROLINA NEW HANOVER COMITY This TOth clay of March, 19A2, personally appeared before me, noise B. Baird, a Notary Public in and for the State and County aforesaid, L. D. Latta, who being duly sworn, says that he knows the common seal of the Tide Water Power Company and is acquainted With N. E. Drexler, who is President of the said corpora- tion, and that he, the said L. D. Latta, is the Secretary .of the said corporation, and saw the President sign the foregoing instrument and saw the said common seal of the said corporation affixed to said instrument by said President, and that he, the said L. D. Latta, signed his name in attestation of the execution of said instrument in the presence of said President of said corporation. Witness my hand and Notarial Seal, this loth day of Narch, 1942. . KY comwission expires Lfarch 16 _);9h2 ~ Eloise BBaird Votary Public NORTH CAROLINA 14AKE COUNTY Personally appeared before me this day Ina L. Ferrell, who being by me duly sworn, says; That she is Secretary fo the State Highway and Public Works Commission and that L. B. Price is -Chairman of the slid Commission, and that,sha knows the common seal of the Commission; that the foregoing instrument was executed on behalf of the State Highway and Public Works Commission by the said Chairman, attested by the said Secretary, and the Seal of the Commission affixed thereto. This the 6th day of March, 1942. llsrearet 11. Webb Notary Public _ IQy commission expires March 27, .1943. S STATE OF NORTH CAROLINA ) ) COUNTY OF I4EW HANDUM ) THIS INDENTURE, Nude this 27th day of January, 1942, between TIDE WATER POWER COKPANY, a corporation created, organized and existing under the laws of the State of North Carolina, with its principal place of business in the City of Wilm- ington, in said State, and TIM PENNSYLVANIA COMPANY MR INSoURANCFS ON LIVFS:AHD GRANTING ANRUITIES, a corporation created, organized and existing under the laws of the State of Pennsylvania, cad C. S. NEWHALL, of the City of Philadelphia, State of Pennsylvania, TRUSTEES, parties of the first part, and the STATE OF NORTH CAROLINA, on behalf of the North Carolina State Highway & Public Works Commission, party of the second part. W I T N E S S i_. T H: In Consideration of the sum of Ton 'Thousand Dollars ($10,00o) in hand paid by the party of the second part, receipt of which is hereby aclaawledged, the parties of the first part, (the said Pennsylvania Company for Insurances on Lives and Grant- ing Annuities, and C. S. Nawhall, Trustees, at the request of the Tide Imter Power Company, join in the execution of this instrument for the solo purpose of releasing any right, title and interest wauch they have in the said properties hereinafter do.. .scribed by virtue of an Indenture dated February lot, 1929, from the Tide Water Power Company to said Trustees), have bargained, sold raid conveyed, 'and by these presents to bargain, sell mad convey unto the party of the sedond part those certain parcels or tracts of land and the bridge situate, lying and being in the County of New Hanover, State of North Carolina, and being more Specifically described as follows: Tract No. 1 BEGINNING At a concrete monument in the center of the Tide Water Power Company's tract at Wrightsville Sound, as the said tract was formerly situated, said monument being 20 feet Northeast of the Northeast Corner of the Tide Water Power Company's station at Wrightsville Sound and 'about 25 feet west of the high+water mark of the Sound, said concrete monument being also North 12 degrees 00 minutes Past 17 feet from the United States Coast and Geodetic Triangulation Station; "North- west Base', said station, "Northwest Basel', being located near the Western end of the Tide Water Power Company's old trestle at Wright- sville Sound; add running thence from said beginning corner Seuthwardly and at right angles to the Tide Water Power Company's track, as formerly located , over Wrightsville Sound, about 31 feet to a point 1 foot North of a fence along the North side of the approach to the Causeway over Wrightsville Sound; thence Northeastwardly along a curve parallel to the fence along the North side of said causeway and 1 foot Plorth- wardly therefrom about 126 feet to where the causeway approach is straight; thence Northwardly with a line at right angles to the track of the Tide Water Power Gomp;ny, as the same was formerly located, to a point 7-1/2 feet Southwardly from'the center line of said track; thence Eastwardly parallel with the center line of the Tide Water Power Company's track, as formerly located, and 7-1/21feet Southwardly therefrom, to a point 4,254.5 feet Gastwardly from the said concrete monument hereinbefore referred to, said point being the dividing. line between the original Ei rbor Island tract and the tract of land owned and conveyed by the Stats Board of Education,. to Frrd A. Natthes, registered in Hook 150, page 185, of the Records of New Hanover County, thence North 42 degrees 25 minutes Fast and along the dividing line of the above mentioned tracts of .land 207.5 feet, more or less, to a point 200 feet Northwardly from the center line of the fide Water Power Company's tract, as formerly located, when measured at right angles thereto; thence Wastwardly and parallel with the center line of the Tide ',;star Power Company's track, as formerly located, 200 feet Northwardly therefrom, about 4,267 feet to a point; thence Southwardly and at right angles to the centerline of the said Tide Water Power Company's track, as formerly located, 200 feet to the point of beginning. Subject, nevertheless, to the easement of the United States of American over the Western one thousand (1,000) feet of the property herein and hereby conveyed, for the purpose of dumping sand. RESERVING AND EXCEPTING, however, from the above described tract or parcel of land and from the operation of this deed, the following tract or parcel of land: BEGINNING at a stake 17.4. feet North 38 degrees 55 minutes East of the center line of the tracks of the Tide Water Power Company, as the same were formerly located on the causeway, said point in the center of the tracks of the Tide Water Power Company being 58.8 feet North 51 degrees 05 minutes West of a concrete monument of the Tide Water Power Company in the center line of the tracks of the Tide Water Power Company, as the same were formerly situated on the causeway; said con- crete monument being 4,254.5 feet measured in a course South 51 degrees 05 minutes Fast from another concrete monument in the canter line of the Tide Water Power Company's tracks, as formerly located, at. Wrightsville Sound, about 25 feet West of the high water mark of the Sound and about 20 feet Northeast from the Nrortheast corner of the 'Tide Water Power Com- panyIs station at Wrightsville Sound, and doe North 17 degrees GO minutes East 17 feet from the United States Coast and Geodetic Triangtilat'ion Station near the West end of the Tide Waster Power Company'sold trestle; and running thence from said beginning point Vorth 38 degrees 55 minutes East 182.6 feet to the Northern line of the causeway tract; thence North 51 degrees 05 minutes West along the Northern line of the causeway tract 43.8 feet; thence South 38 degrees 55 minutes West 18.2.6 feet; thence South 51 degrees 05 minutes Last 43.8 feet to the point of beginning. Tract No. 2 BEGINNING at a point in the center lineof the track of the Tide Water Power Company's trolley line from Wrightsville Sound to Wrightsville Beach, said point being /„n the center he degrees 05 the Fast from a concrete monument in the canter of the tracks of the Tide Water Power Company at Wrightsville Sound, as formerly located, said concre F,e monument being about 25 feet West of the high water mark of the Sound and 20 feet Northeast of the Northeast corner of the 'tide Water Power Company's station at Wrightsville Sound also being North 12 degrees 00 minutes East 17 feet from the United States Coast and Geodetic Triangulation Station, "Northwest Base", near the Western end of the Tide Water Power Company's old trestle at Wrightsville Sound, and running thence from saild beginning point North 42 degrees 25 minutes East 50 feet, thence South 51 degrees -3- 05 minutesFast parallel withthe Tide water Power Gompany'a track, as formerly located, Lind 50 feet North therefrom about 1329 feet to Bank's Channel; thence Southwardly nnd,along Bank's Channel 64.5 feet,; thence North 51 degrees 05 minutes Wost and' parallel with Tide Water Power, Company' a track, as formerly located, and 14.5 feet therefrom 340 feet; more or 'less, to the Eastern line of 'Live Oak Driveg thence Southwardly and along the Eastern line of Live Oak Drive 35.5 feet; thence North 51 degrees 05 minutes West parallel with the tracks of the Tide Eater Power Company, as formerly located, and 50 feet South therefrom 993.7 feet to a point of bearing 42_ degrees '25 minutes West from the point of beginning; thence North 42 degrees 25 minutes East '50 feet to'the point of beginning. Subject, nevertheless, to an easement over and along the North- east portion of the above conveyed tract of land granted by the Tide Water Power Company to the North Carolina State Bighwey & Pub- lie.works Commission for highway purposes, and an easement over the Southwest portion thereof granted by the Tide Water Power Company to The Shore Acres Company for highway purposes. No. 3 That one-half (112) undivided interest of the Tide Water Power Com- pany, one of the parties of the first part, in and to the Scharzer Polling Lift Bascule Bridge spanning the Inland Waterway at Wrightsville Sound and being situated on the first tract or parcel of land described in this indenture and being within the boundaries thereof, together with all abutments and fenders and approaches. The Side Water Power Company, one of the parties of the first part; hereby EXCEPTS AND RESERVES from the above described tracts of land numbered 1 end 2, a right -or -way and easement for gas mains, appliances, and appurtenances; and electric lines, consisting of poles or other structures, guy wires, transformers; and all appliances .and .appurtenances necessary to be used. in eonnoction therewith; unto itself, its successors and assigns; said right-of-way end easement being more particularly described as follows: DEGUbMIG at a state at Wrightsville Sound near the high water mark thereof; said stake being 40 feet North 38 degrees 55 minutes East from a concrete monumeht in the center of the Tide Water. Power Company'a tracks at Wrightsville Sound, as the name were formerly located, said concrete monument being about 25 feet ),lost of the high water mark of Wrightsville Sound and about 20 feet Northeast of the Northeast corner of the Tide Water Power Company's station at Wrightsville Sound, and also being North 12. degrees 00 minutes West 17feet of the Unii:ed States Coast and Geodetic Triangulation Station, "Yorthwest Base", said station, "Northwest BaseW, being located noar the Western end of the Tide Water Power Company's old trestle at Wrightsville Sound; and running thence South 53. degrees 05 minutes East 5,583.5 feet to the low water mark of Bank's Channel; thence Northwestwardly with and along. the low water mark of flank's Channel 10 feet; thence!'North 51 degrees05minutes West 5,583.5 feet; thence South 38 degrees 55 minutes West 10 feet to the point of beginning It being the ntertion of the parties to ,provide a right-of-way and easement for electric 'lines and gas mains from Wrigtieville Sound to low water mark of the Bank's Channel with the right to the Tide Water Power Company, Its successors and assigns, to hold the above described, reserved and excepted right-of-way without making any use thereof until such time as the party of the second part may in its discretion require the removal of the gas plains and electric lines froia their present respective loca- tions to the said right-of4way hereinabove described. TO HAVE AND TO HOLD the above described tracts and parcels of land, and bridge, together with all appurtenances thareunto belongingCr in anywise appertaining, unto the party of the second part, forever. IN WITNISS WHEREOF, the Tide Hater Power Company, and'the Pennsylvania Company for Insurances on Lives mwd Granting Annuities, Trustee, have caused these presents to be signed by their respective Presidents, or one of their respective Vice Presidents, and their respective corporate seals to be affixed, and attested by their respective Secretaries, and the said C. S. Newhall, Trustee, has hereunto set his hand and affixed his seal, this the day and ,year first above written. TIDE WATER POWER COhIPANY Attest: By- N. E. Drexler (Original Signed) L. D. Latta (Original signed) President Secretary (SEAL) .. THE .PENNSYLVANIA COMPANY POR INSURANOE ON LIVES AND GRANTING ANNUITIES, TRUSTEE By- L. T. Clark Attest: Vice -President H. E. Righter Secretary C.S. Newhall SEd� Trustee STATE Or NORTH CAROLINA ) COUNTY Or NEW RAN04ER. ) This 1:6aday of January, 1942, personally appeared before me, Eloise B. Baird, a Notary Public in and for the State and County aforesaid, L. D. Latta who, being duly sworn, says that he knows the common seal of the TIDE. WATER P041ER COMPANY, and is acquainted with N. E. Drexler, who is President of the said oorpora- tion, and that he, the said L. D. Latta, is the Secretary of the said corporation, and saw the said President sign the foregoing instrument, and saw the said cahmon seal of the said corporation affixed to said inst=ent b�, said President, and that he, the siad L. D. Latta, signed his name in attestation of the execution of said. instrument in the presence of Budd President of said corporation. Witness my hand and Notarial .Seal, this 16 day of January, 19Q. Eloise D. Baird Notary Public Illy conuaission expires Parch 16, 1942 9'2s-56 r DISTRICT 3 IJUN 2 q 2015 tir .ION"RECEIVED CDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaan Governor Secretary June 25, 2015 MEMORANDUM: TO: Anthony law NC DOT New Hanover County FROM: Doug Hugged, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courfer 11.1"g) SUBJECT: CAMA / Dredge & Fill Permit Application Review - Applicant Bailey & Associates, Inc. c/o Chris Bailey Project Location: 202 Summer Rest Rd., adjacent to Moths Channel and the AMM% in Wilmington, New Hanover County Proposed Project: to expand the existing docking facility for the Grand View Community Marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doing Hueaett at the address above by July 18, 2015. If you have any questions regarding the proposed project, contact Robb Maim 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. SIGNED 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 nc. o". of caatel denaoomm 127 Cady D&a Fat, WhINW, NC 10495 P.: 910.RM2151 FAX 910.095a954 WHnatyAVNmmataimaneermanl.rA MFp YVWo1MIWimY NonenWry OR North Carolina Department of Environment and Natural Resources Pat McCrory _ Donald R. van derVaad Governor - secretary June 25, 2015 Mr. SteveMorrism c/o Lind Mraarmem Group, Inc. 3805 Wrightsville Ave.,Suite 15 Wilmington, North Carolina29403 Dear Mr. Morrison The Division of Coastal Management hereby adavowledges receipt of your application, acting as agent for Mr. Chris Bailey,.with Bailey and Associates, Jne: for the proposed development located at 202 Summer Rest Road, adjacent to Molts Crack and the AIW W, in Wdmingmq'New Hanover County. R was reed rod es complete on 7me 9, 3015, and appears to be adequate for procrs9ing at this. time. the projected deadline for malting a decision is August24, 20I5. An additional 75dayrovlcw period is provided bylaw whim such time is necessary to complete the review. Ifyou have not been notified of a final actionbythe initial'deulim stated above, you should consider the' review period extended Under those ciromnstenccs, this letter will serve as your notice of an-ewrided review. However, an additional letter will be provided on or aboutthe 75th day. If this agency dots not render a permit decision within 70: days from June 9, 2015, you may request a meeting with the Directoroftlre Division of CoesFaINfanagomentandpemilt smffto discuss the status ofyourprpjedt Such amcoting will ;be held within five'worKmg days from the receipt ofyour writicn cerruest and shall include the propertyowner, developer,. NCGS 113A-119(b) requires that Notice of an application be posted a -the location of the proposed development -Enclosed you will Had a "Notice of Pemit.Filing" piestoard.which must be posted at the property of.your proposed development You should postThis notice at a conspicuous point along your pmpedy where it can be observed from a . public mad.- Some example¢ would be: Nulling the notice card to a telephone pole m tree along the mad right-of-way fmnting.your property; or at a point along the mad right-of-way where a private mad would lead one into your property. Failure to post this notice could resultin as incomplete application. A Bold report has been prepared and is in the process of being circulated to Via various state and federal roviaw agencies forthca comments. Ifadditional iofomation is required based onthis review, the agencies may contact you directly. :. in ly, n r r� . - .IPIv aim Field Representative _ WilmmgmnDistrictO®ce N.C. Division of Coastal Management co: DougHuggelt,DCM TylerCnunbloy, USACH 'Chris O'Keefe, NH Co. Kathryn Thurston, City of Wilmington Anthony law, NCDOT Chris DaileycAPplln . 19 Cadnal Ddva Fay Whinglan, NO 2M Rae: 91049FTtt 51 FAR 9lN9539^A Hemet waw.nmatlamenagmatml M Fvua pqumdrlAFmetlw.YBm Gµgm DIMON OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Bailey and Associates, Inc. do Claris Bailey PROJECT NAME: Grand View Community Merino 2, LOCATION OF PROJECT SITE: 202 Summer RotRoad, adjacent to Molts Creek, and theAdautic Intracoastal Waterway, Greenville sound in Wilmington, New Hanover County. Phdto'Jndex-2006: 22-7424, I-7,10 2000:22-273, I-1, 10 1995: 22-255, 1, 8 State Plan.Coordinates-X: 2358428 Y: 173148 Latiwde:34-13'11.47562'N Longitade:77°48.51.900003"W 3. INVESTIGATION TYPE: CAMA and D & F ROVER FILE N-O-120614B 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —61162015 Applicant Present —No S. . PROCESSING PROCEDURE: Application Received —02015 (completed) Oflica— Wilmington 6. SITE DESCRIPTION: (A) Loral Land Use Plan= WilmingtonVew Hanover County Land Classification From LUP -Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: CW, Pr, EW, ES (Cj. Water Dependent Yes (D) Intended Use: Private Community (E) Wastewater Treatment: Existing — Sewer Force Main(NE1) Planed —NIA (F) Type ofStmettrm: Existing — Timber bulkhead, irrigation well, access pier, Hosting dock, remnant piling Planned —Additional access pier,gazebos, floatingdocks, moeriagpilings and excavation of beat basin fun up to 17 vessels. (G) Estimated Annual Rate of Erosion: WA Source -NIA 7. H&BITATDESCRIMON: '[AREA1- DREDGED ELLED OTHER (A) Vegetated Wetlands (Coastal Wetlands) - (Shaded) 678 sq. 0. (13)Non-Vegetated Wetlands 6,732 sq.ft incorporated (Open water 2,934 sq. R (C) Other (Highg ound) Disposal Site —56,628 sq. ft. (D) Total Area Disturbed: 66,972 sq. R (-1.5 acres) (E) Primary Nursery Area: No . (F)' Water Classification: "SB" WrightMileRecrestional Area Open: No PROJECTSUMMARY: lbe app0cantpmpww to expand moxistingdockingfacility adjacentwMabCreekmd the Atlantic Intracoastal Waerway (AlWW) to accommodate 17 vessels. Bailey and Associates c/o Christopher Bailey -Grand View Community Marion Page 3 The existing docking facility was authored for up to two (2) vessels through State Permit No. 94-01, which was originally issued to COSS Enterprises, LLC on07fi2001. The applicationforState PermltNo. 84-01 depicted that an approximate 50' section of the authorized access pier and the floating dock in the location ofthe NEI wen, designed to be bolted for removal for required maintenance. The location often access pier in mlationto the NEB was addressed under condition No. 7 of State Permit No. 84-01 and referenced revised drawings dated 06262001. The existing 150' right -of --way, from the bridge (See Sheets I and 2 of 9 and Project Narrative). Further, the referenced drawings for State Permit No. 84-01 indicate that the northern riparian corridor line was referenced from the oemerline of Molts Creek channel. State Permit No. 84-01 was transferred in Bailey and Associates, Inc. on 05/042006 and lastmodifiedon 65272008 fortelorationofthe authoriandacces pinto thesouth to accommodate the authorized two vessels, and the.constmetion ofa 30' in length by20' in width partially covered platform ro be constructed on the northern side of the relocated access pier. The platform location under this modification was authorizedjost on the waterward side ofthe coastal wetlands boundary and on the southern side ofthe existing NEI sewer line. The NEI was located in the field on 1211012007 by the acting agent at the time of the modification request 7teangnmeatoftheNElwasdepictedontheattecheddmwingsforthemcdifioati6anquestnnd was taken from the survey, and construction ofthe existing access pier currently spans over the NEL To date the authorized partially covered platform has not been constructed. State Permit No. 84-01 expired on 12i31/2008, however, StatepermitNo.84-01 was subjeato extension bythe SesskXk aw2009A06, as amended byScssioulm 2010-177,th6Fermit ExteaaienAct State PemhitNo.84.Olexpiredon1Yi12012. ' State Permit No. 13-86 was issued to ConaoEdand Ventures Corporation on 11/19/1986 for a docking facility atthis property, which authorized up to ter, (10) slips, which included excavationfora boat basin. PemdtConditonNo. 9 of State Permit No. 13-86 addressed the existing sewer line and reads: "The urea over the 14"force main shall not be excavatedwiless the applicmRsemr verlfythmthe fine will have 4'em arremaining." The proposed docking facility me parallel to Mom Creek and the traditional navigation to. the AIW W from the private dealing facilities to the north,v stalongSummerRestRoad and to the 80' setback requirement fmmthe AIWWchannel. State PumitNo.13- 86 expired on 1221/1989 and the construction oftbis docking facility was abandoned The only evidence of the docking facility is therenumotp0ings from an abandoned pier, aforementioned. Purther,theseazistingpilmgsmthis location appear to be present in the review, ofhrstorical NCDOT1989 aerial photography. The New Hanover County and the City of Wilmington 2006 Land Use Plan Update classifies adjacent waters as Conservation, and the adjacevthigh groundportlon oftheprojoet aream ResomeaProtedion.The wafersoftheMoLLv CreekamdMiddle Sound are classified SB(Wrightm'UoRw=tioiWAma)bytheDivisionof WaterResomeas.They "mbiflT add they are CLOSED to the PROPOSED PROJECT: The applicant proposes to expand an existing docking facility adjacent to Matta Creek and the Atlantic Intracoastal Wairmay(AIW W) to accommodate 17vessels. The application sthtesthatWeexistivg floating dockandasectionof the existing fixed access pier would he removed and also proposes excavation to maintain the depth necessary to provide safe dockage foraddi0onal vessels. Asstskd,theapplimtionmdicateslhattheNElwmlocetrdandsurwyed by The applicant; however, only approximately 110lineer feet was located. In addition, the application states that the dredging limits wouldmainminan approximately 15'sepamtionfromthe location oftheNEL Anan,tapproxhnately 160' m length by 90' inwidthwould be mechanically excavated by bucket -to -barge method to a final project depth from AV at MLW. This would result in the removal ofappiaximatcly 810 cubic yards ofmaterial, which would be hauled to a privately owned spoil island located approximately and" south ofthe project she at the confluence ofthe AIW W and Matta Channel (US Amry Corps of Engineers (USACE) Disposal Site No. 0248), which is privately owned Bailey and Associates c/o Christopher Bailey- Grand View Community Marina Page 5 The disposal ofthe materiel would impact approximately 56,628 sq. @ ofhighground,whichwouldbelocated earn an existing spoil island at the confluence of the AIW W and Moth Channel (USACB Disposal Site No. 0248). The proposed motion. structures would extend approximately 128' into a wderhody, which menuen approximately SIT across (AIW W). The pruposedplatform into Mons Creckwouldexa ndappundmztely 10' i itoawabobodymeamring 50' access, which all structures would conform with the 1/4 width. The proposed marina docking facility appears to southern portion ofthe proposed marina ducking facility encroaches into the Deputies 150' right -of --way from US IiLVY 74/76. The proposed marina dotting facility would not encroach into the adjacent 15' riparian the south ofthe project. As salted, the referenced drawings m State PamitNo. 84-01 property indicated that the northern riparian carridor lino was nonsurod from the ceaterl on we some locate a northern riparian fine. Duero the peculiar V a traditional oupendicular alignment amid not be achieved for a riparian corridor and associated sethack. It opposes that the intent ofthe previously authorized (looking facilities for this property was to prevent structures within the established access channel for the existing docking facilities along Summer Rest Road and the AIW W. Rules ISA NCAC 0711.0208(b) Specific Use Standards (6)0) states: "When shorefine configuration is such that a perpendicalar alignment cannot be achieved the pier shall be aligned to meet the intent ofAis Rule to the marimum extent practlrnbre at determined by the Division of Coastal bfdnagememf. The application package for State Pennitblo. 174-00, which was issued on November 14, 2000, and was then renewed and modified on Sanuary 19, 2006 to the adjacent property owner to the north at the time (Smhh), for the existing private docking facility and associated boat basin and access channel, contained a notarized authorization from the Summer Rest Loading Yacht Club Owners Association, Inc., which was the adjacent riparian pioperry'owner to the north, which allowed Smith's facility to extend the into the adjacent riparian madder. Based on the proximity ofthe proposed marine docking facility to the existing private dockingfacilili" to the north along Summer Rest Road,whkvhconnect directly to the AIW W via an=a— channel 9the mouth ofMottsCarols, and the NCWRC public boat rump at Wrightsville Beach, the proposed marina docking facility maid potentially impede and congest the traditional navigation in the soon ofthe AIW W. During the bury summer months, this area ofthe AIW W can be very congested due to larger vessels sitting idlewaking for die drawbridge to open and boaterstrymgm launch and imdeve smaller vessels at the NCWRC public boat ramp located at Wrightsville Beach. R should be noted that condition 2to Side FrmitNo.13-86whichwin issued Consolidated Ventura; Corporation on the same property fora 10 (ten) slip docking facility, addresses the tiaditionalnevigatioaofthis area, which states: "aadidnnal navigation m theAWWfrnm private dockage to the northwest along Summer Rest Roadshall not be impededbythisprojectoritrlater use. Afairwayofreasanable width in waterdepths of4'M9Wargiemrrmust bs maintained to comply with the terms ofthe condition". As stated, the adjacent docking facility to the north was authorized a boat basin and access channel to the AIW W through Slate PomdtNo. 174-00, which was issued to the pernims property owner (B.. Smith) authorised a find project depth of-6.0' atMLW. Minor inciessm in turbidity should be expected during the construction; however no long farm adverse impacts are anticipated. Submitted by: Robb I. Nhiirs Date: 6/252015 office: Wilmington CAMA Major Permit Applica0on Project Narrative Grand View Community Marina 202 Summer Rest Road Wilmington, New Hanover County, North Carolina Bailey and Associates, Inc., Applicant Land ManagementGroup (LMG) Inc., Agent Existing Conditions Bailey and Associates Inc., is the owner of New Hanover County parcel R05714-004-012-000. The property is located at 202 Summer Rest Road, Wilmington, and abuts Molts Creek and the Atlantic Intracoastal Waterway (AIWW) just north of the Wrightsville Beach Bridge. Upland portions of the property are located within file City of Wilmington, and riparian areas below mean high water am within thejurisdiction of New Hanover County. The property features riparian access to Moos Creek on the northern side of the property and the AWM at the eastem end of the property. There are 4764ft of shoreline along normal high water, as flagged by LMG, within the deeded property boundaries. The property cumengy contains a 652-ft long fixed pier which accesses a 604t long floating dock parallel to the AIWW with 2 boat slips (CAMA Permit 84-01). The current floating dock is located approximately 12' landward of the quarter waterbody setback which Is mom reshictive than the 80' federal setback off the AIWW channel in this location. Deeded property boundaries for the parcel include a mean low water and a mean high water line surveyed at the time of recordation in IS84. Since the low water line was shown on the 1984 survey, a search f rrany submerged land claims was conducted to determine whether the applicant or any adjacent parcel had a legal submerged land claim. The NCDENR, Division of Marine Fisheries, database for 'Submerged Lard Gaims Recognized under NCGS 113-20F was reviewed. Neither the subject property nor the directly adjacent northern property were shown to have any recegnbmd submerged land claims. More recent rgean high water, normal high water, and mean low water contours are provided in the application materials in addition te the deeded boundaries (for reference only). The AIWW along the properly.is designated by the NC Environmental Management Commission (EMC) as SB waters (Index 4 1 H7-24). The property is located across the AIWW from the public boat ramp at Wrightsville Beach. No waters adjacent to the property are mapped as Primary Nursery Area (PNA), and the adjacent wears are closed to shelfshing for human consumption. Proposed Project Bailey and Associates, Inc. Is proposing to expand the existing docidng facility to provide a total of 17 slips, ranging between 16' and 30' in size. Two of the slips on the outside of the T head would be transient slips. All slips would serve residential units within the Grand View mixed -use development carmnty under construction at 7205 Wrightsville Avenue (the foaner'Bables Hospital' and New Hanover County parcel R05714-002-003-000). The residential component of the mixed -use redevelopment of the former Babies Hospital site will provide 111 residential units. Boat slips proposed in this application would serve the residents of Grand View. The proposed boat slips are within walking distance of the residential units, and no parking at the waterfront parcel will be necessary. No upland work is proposed in this application. Grand View Community Ma M4 Badey and AssocireW, Inc RECEIVED CAMAMajorPennitgopllcetion, ProjectNarrafrve, June 8,2015 DCMWILMINGTON,NC 1 JUN 0 9 2015 materials from NCDOT, however the applicant believes now of the materials accurately depict or prove that an easement or right-of-way exists over the AIWW. The applicant is of the opinion at this time that such an easement or rightof-way does not exist and vra are presenting the proposed dock system as planned, with the earlier portrayed right-of-way fine over the AIWW labeled as 'Disputed' and anticipate NCDOT further review during the normal course of the permit application review process. Grand VmwCummuN7yMadna, Bar7ayandAssocWas, I= RECEIVED CAMA M*rPeaffAppiicafion, PmjecfNaaahm June 5,2015 DCM WILMINGTON, NC 3 Jl1N 0 9 2015 DCM MP-1 APPLICATION for -r Major Development Permit " ' Oast rovised 1L27m4) Notlh Carolina DIVISION OF COASTAL MANAGEMENT 7: Primary ApplicanNCandownerinlormatlon - - BusinessName BWI.y And Assadates, (M. PmjeUNwm (daparabb) Gmnd $law Community Marina Appgmnll: Font Name do Mr. Chris MI test Nana Bailey , App4ran12: Flmt Nama MI last Nama I/atltlRbral eppGcnMs, pease e2eGr en eddiMnelpepe(s1 wM rlmnes asisd MaiMg Address P.O. Boa PO Ba[ _ 400 City JackscwMe I Slab NC LP 'Country 28541 USA Pharr No. 010-346-8443 .4 FAX No. 910-348-807 StreMAddress (JtlnmeMfmm afavel Cily Stale ZIP BraO oubailey@baiieyandassodate&bt 2. AgeM/Canhiiiii fc*hgon - BosMesaName land Management Gmup, Inc. AgenVconbadarl: Fest Nana MI Last Name Steve Manisan A9enilConvaotor2: Fln4Name MI Less Nama Laura Stasevieh MaKog Address PCBOX City Slab 3805 WrigMsviile Ave., Sake 15 Wlimington NC ZIP Phone No.1 Phom No.2 26403 910-462-0001 e# - - as FM No. CoNmdm2 910 452 0060 SoeotAdWess(i,TcWcm%homabaw) oly Slate LP ErnO smonisonomgmup.net ktasavich@hgwP.net RECEIVED oorm continues an hack> DCM WILMINGTON, NO JUN 0 0 2015 252-800.2308 :: 1.089-411a0A5T :. www.nccaoota4maneaemnnt.nnl Form OCM MP-t (Page 3 of5) <Form continues on next page> APPUCAnoN for Matra Oew dopmed Pwroll m..(g Arotrwa enad..floalle't WY. EN. (a) Are Ness coastal wetlands on lye see? ®Yes ONo pllfye WelNer(ga(v)abova,laeade eagmbeem=dupd? ®Yes []No (Anechdonmanbb'on dasocabre) n. OesaOe exiting wastewater trealmed facMes. Work requested in this application does not require treatment ofwadewaler, outlive property is served by the Cape Fear Public Utility Authority. o. Oeo W lee adding ddnktRg water supply source. Work requested in Ih¢ application does not require ddnking water, but the property is served by the Cape Fear Public Utility Authority. P. OasalOe e*VW stomwater wersawned or tod nod systems. There are no sliding stomwmtarmanagemenl ortmiment systems on ed . Flds ing development is pervious dehJng. 3 ASGWdes andlmpaets '; - i a. Wpl No Pmledbelorcormnemal, Publk; aPrNala use? - ` pcamL_. .. mrdd OPubIIGGmerNrnd ®PdaiNComnudy b. Glwabdettlescdpibn ofpapose,rae, end dopy opeatbmoIlya ProleGwnm cnnNGp Purpose is to expand docking facildws N provide 14 boat sips 24'to M' in see, one slip W In size and two transient slips. AU boat slips would carve the Grand View, apartment rental community currently under consimction at 7205 Wdghtswile Avenue. Slips would be available for use by residents althe reddentiel units within the nrumduse development and would be used for recreational boating. c DascRbe Ne PmPmatl contra tlm maNvtlobgy, types vtoanSWtllvn epulpmenlly beuseddu,hg conahutlivn, lM1e mvnberMeaGi type d epulpmeM eK wTera tt th N be Goretl. InstallationofrK fwrffigdotivsendnsooringpitingswouldbedmesmlhstandardvresh4nplingdg. Promseddredgirg would be'buclvato bangs' with material denvatered on the barge before placement in an approved spot disposal area d. Lbl ell devNapmentedNdies you prapwe. Along AMU ocnstrudion of new flowing dodo and 7 finger piers to provide 14 boat slips 24' to 30 in also, one slip Wm sire, and two transient slily. Construction M two platforms. One floating platform serving as a kayakWave runner launch: area. Onefixedplalfomhpadiagyrooled. Dredging within 6,732 sc il. ofpubec trust botiom to final depth of-4'MLW. Majority of existing tuned pierto remain. Along Molts Creek -new Road plerand partially mofed lured platform. No upland development Is proposed. a. pve lira PrWmvd edivillas rrahieranmdmeus0g protect, rrewworRabeN? Both L What Is lye appmwlmale bust disturbed Wed! was suUV from tho proposed protect? No upland disturbance. Cradling below NHW —6,732 Sq.R or OAcas g. WAl fire pmpmetl Proled enwdchon any publleaasemeN, publicacwssvrryaraMer area ®Yea ONo ❑NA Nat Umpubi idesslabgsMdum Oft (Wbar 'Rid t P h Oesviba locaUonaM type vlorbtirg andlmposed darla:gm lowalera of tin slate. No dlred c isc arges to waters d the slate are proposed. I. Win waatmvapr or sMmmaNrbe tlisWgad Nis awGland? OYes ®No ONA Brea, wR Nm disrAaged wakrbe olNa same eabndyas NamsbNg wales OYea Clue ®RECEIVED UUM L INUIUN, NC 252-80e-2aas :: 1-588-4RGOAST :r w ww.nccoas tnlmanegemont.nol Form DCM MP-2 EXCAVATION and FILL (Except for bridges and eulverts) Attach Bus form to Joint Appfi®tan for CAMA Major Permit Form DCM MP-1. BesuretawmpleMalloN.rsecliansofthe Joint Application that relate to tlds proposed project Plane include all supplemental Information. Descnbe be=o o purpose ofpmposed C ration andlafil activities. All values shouldbe given in feet Access Other (NLW or ChannelNN/A Boat Basin Boat Ramp RockGroln :Rock Bondander (excluding shorellne NWL sUbill.tf.n Lon9M WA'Irregular. Total Area = WA WA NIA WA Width WAg,732 aq.ft. N/A WA N/A WA WA-OTB'MLW WA NA . -NA. - WA WA-0'MLW NIA Nq NA._I';:. NIA Depth cubicyas . Bottom sediments ofANVW; grain see anticpated to be Apprm Ud,810 W(wing 20(rtax! 014 survey depths) pdmedly sand. a WDoes Bw area bbe exwvatedlMude maslalvrelbndshnarsh d Highgmundearnxgan IncudpyaNa. (GY✓J,adaremetl egaaticvapeb0on (SAV), shallbdlom (SB), None. er ottler v/albnda PllL)7 1f a:ry toms are dreded, provide Ns rsRmbarel6euarefeataffedad. CICW OSAV _ EISB ❑m Oilers p0 Omube Ua DumosodNe exvraton b dose seas WA 2:: DISPOSA40)ak=AVATED. MAiERIAI'.,- 2.. pfiis sebbm rpt epplicatile e. Locatbnddispceatarea b. OInrensbreoldbyssalerea. Spoil disposal Island an Al approx. 0.4anile south of Area vriWn Share Acres Co. parcrl R00800-002-003-0W site. Shores Acres Co. pmPedy(RMOO-O2-003-0W) ofapprmc 0.3aves. behlyd CorpsAIW W_0A_0248. c (F)NyoucbintleladnposalamaT 0Yes ON. EINA (g If na. atlaM a tettergranlbe peam lion tram Na.1 e. NOcestne dupasd area hcNde anywastalwo0a�dclmareh (CAS, submerged eeualbvegebtum (BAW,enol botlom (SB), vaseerveuanda ket a 1(mrybmxs am dcecketl, Dmvide Na Elm otsquara reetegecled. C�1L�Wn OSAV O8B ON ®Nana (I)Daseba the purpose of Nspasal In Ihese areas: WA d I'1 Wlladbpmal area be evalLable for(utwe malntenannT ®Yea pNo pNA Antielpatefultue requests for use &wine disposal Ms. I. (�Oaaz Ne Obposalbtluda any area llMevMeR Ely.. ON. DNA . (� If yes now muMnamrerea b eleRetlT WA RECEIVED DCM WILMINGTON, NO 282480842603 n 1-882-0IuoAST :: wsysv nceoaaaatma mans.nat re .m 1=60e Form DICPA BAP-8 (Excavation and Fill, Page 3 of 3) IAPP4aNSIB�Ia9 RECEIVED DOM WILMINGTON, NO JUN 0 9 2015 25MM2803::tda9-9 AST.�myr p3—I1;e31almana amentm A.& ="a FGniel DCM MP-4 (Blnuataras, Paea 2 of 4) Z DOCKING FACILITY/MARINA OPERATIONS �Thlssew'on rrotappticawa a, enaaeadrmme roumMg wmbryfaag�em lhatwal ba mavammwpmposea project ❑ oalparpnera ❑Tegefs farpaWe; Number. Lacagon: O Shen ❑ Bpalhalding mM pvnpoub Goa bW and losses. b. Desuibo lreaanenl type erd depwelbcation (ocae swearymsiemkr. Notreatmenlforeanitarywaslewaterwillbemoded. BothmomsemwWlableMthinwaaingdistencealassodatedresidential unite, and facility will have a no overboard discharge polity. Pumpout is available at Seepath Yadrt Club located an Harbor Island, Wrightsvlge Beach, approsimafely 0.9 miles via beat from the site. c. oascrma the disposal ofsdid wash, fish oaal aod bash. Trash sans will be located on the upland portion of the property near Summer Rea Road. d. How wig o.erewrd discharge of saw{ga from boats be cvnhotiedy A no overboard discharge policy wig be enforced through the slip rental agreement andfor community rules and restrictions. e..(g Givean Iowdonendnw ardf No SeMeDroOa eaignapWosad. 1- on proposed floating dock (B Give the loco lon ad n nnber of PwnpMAvarable agna preposed. One sign Indicating reared public pumpaut (Seapath Yacht Club) will be posted on the feed access pier. f. Deev3e the epeclal deals, If applicable, fv w Inls, Wivnbll,,pogutent,such as patrf,smMbbsWgwaW and Wools. protects. No maintenance or fueling services wig W offered. g. Where will resit.. from vessel meinteranw be deposed oN No malnlarrance services will be offered orallowed. h GNetMenu belofa.wlnudersard No We spmpmpmed. None I. Give ba location of 1ue46andGngfadaceS,aMtleswba Me safely measues planned to preten aea mbrgwf,. No fuel services ere proposed. j. V.melwgl ba Ne marine pd'rywovemighl end WoaboaN tlackagey No overnight or live-aboards will be allowed and will be enforced through rental agreement andlorcommunlly rules and restrictions. t Oeavroe tlesign measures NatpmnNe boalbavn gwhirg9 Proposed dredging wig be 41 openwaterto a depth of 4 MLW wNdr will not emeed depths W Wn the connecting AIWW. L IfthlspmjedisanWami nefaned gma,whalyyasafw iwearecvrnnlypm ed4 Expansion of existing Iwo slip dock with no services. RECEIVED BeM NG -ON, NO JUN 0 9 2015 252A00-2a0B n 1-0a6-0WC0A4T:: www.nceaasf@0_naBp.T:s3 revlaea: +miss �- FlaeRn 9GPA R7�-dl (9¢raemraa, Pae� 4 04 4) a pmwmaydsbwwre(a)m etljeo^nt riparkn tvspeM ones 15'tu the soolhem dparan weldor @rut 16W to northern ripadan wior f ft Note: Wb-yormomkn PT-9. use arc P/aWn4uclu6n9 knalh of .ssel. c "tofwaterboM 50a'almaeW.tMn Per to bdRhead on easlem aide AN W e. 0) 1MYnaNAdbialaWsbereq WasammRdthepmjeW DYes ®No DNA (@ Ilyes, explain wlattype antl howdreywill be ¢nPlrnvntetl. WA b, pma itl dst m(s)toatljamnldo MfadnUes. —W to Blackwell dark to the north 6 Wakr tlePlb ffiwatemad entldmran„affi NLWorNWL F�0lnadenlhsanaef m-0.79MLW todt'MLWMthin omoosed On 8.. OTHER' - DThis sac6oi riotepprca5le:. a. Gie oamplek descdptian: Jima 8, 2015 Apprirant SlpdaWre RECEIVED DCM WILMINGTON, NC JUN 0 9 2015 ux-eosaaas a laesaaeou7 a w,.w.ea�aaealmaaanomanenae ra.taed:l2mide YC "4 9p ,{✓ Legend Mum --------- Creek Channel Line -- --- (2g0asurny) Riparian Corridor Limit — — — — MHW and MLW —--- ------ (porDemii Riparian Corridor Setback — — — — — — — NormalHiighWater —r—r— (LMG1ORD1q Buried Sewer Line ..� Waterward Edge Marsh NCOOT ROW — — — (mappedfmmaede() (disputed) LW DMVI.YFNEITRNOTflESPPY4®IEF6G LOGTNGDIITHE WPATOY K. VIDIIE4 NIYaNNEe SXOAN Dx PE9 WON HME6EFfI RiWeEDeYlxotll pgq}IF-S NIDMEFbt4HdI1 R9FNE11@PMPDSE9 TlY. n6TE RFbPpI5Bn11YCFTXEONfEWMTSPMPMDLYlCOH1MRW ALONIOLf PpLfF551RULUlaNYtMAIWO WIflNK. mV drawing Is e completion of Yadpus amvep am b not a seekd survey a, enpineemd dmwNL For CNNA pemar ing only. Notrr,oar tmtlbn. r�+'ama+mm®nwr n..nr..w+e+ro i.�F�u,F<,ia�oouera""i.ama`a. vw°rJP°'m:rs�m'a"'.ierow� w.awws,raa.ry W cvaammema+=� aw�..aaw.m,FvaannwuNNNCDUT �.� . �mrmrW,.w urn w `auw�an •-Jmvr...m.�se Dm-wmaaNaamred.awno,s uwuaTvaaoawN,amwn WOn� Pvuw.ww�Na��� �'a,�"vmmu.rren,� '�� aae�iuwmn emv wmwTaaeN.eY wu%cnn«riav�iP°"w, woTsw°xa .ec o..mNma� m aawmra� u.w�m,vaumauc �eoNuaa.,rvdm RECEIVED DCM WILMINGTON, NC JUN 092015 CAMA Major PernA Application Dace: "non, s Rav6ion Dak: Grand View Community Madna 'summer Rest Road, Wilmington, NC 5ca1a' T. =100, 02.1 o ! Existing Conditions Dm"T� W ,tc �� 2.f9 -Shaded structures are proposed. Legend \q �MHW (A085wvny) MHWand MLW --------- (perpoed) Normal High Water —�—�^— (MG torzota) Watenyard Edge Marsh (mawadrmroaadaq . Creek Channel Line Riparian Corridor Limit — — — — Riparian Corridor Setback ------- Buried Sewer Line NCDOT ROW — — — (disputed) 3 � � I vJO}i � 4 ,4°oy rti�H��J Ja IANa NANAGFMEMI9NOt RFbPONS@IEFORILGiNQORl1�LOPAiUNCf. mvn¢s. urc�nwr¢ssRovm wNrxa PLW RnveaePaeawwFoorravo yran¢uuaarmrovrFnuRsme+mvuvvoses mvr. notxe a¢PmaovmoFina mw¢uPPuvrru+omawxmuream wxrKr moP¢sroNv. ummwGmmwNPurr. TNa d2winp 6 emmpliagon ofvadoua surveys eM a nota aeakd emW, .1y. N tt Fm CMIA pemtigNg only. Nollor mnabwgon. C gv RECEIVED DCM WILMINGTON, INC JUN 0 S B15 a 1 ♦♦ ��� 'roFp�efC\ G 77.77 = w 1 1 a I )A 1 ,u s 0 Prop sed F�muatlan I Total=elgry Spot DapNS RelaMa tp A NGVG29. tAWls-1.50 below NGJp29. Conloun ftela4ve to MLW. q � � N ,14 ti' ON O S h a�mrt�E�s�,mE.rrimaewa orveleirrsa I. eEuirewmrn�. VNiT£¢M'OIAEMRGENENLREfEREXCE%MtlEE9tlY.T. am. flESPoNS®AMmMCOYdmWPFLGNEAV WRmMMG100.1emtR/LT •PR6EW IGNKeN1IYLLGimC INm.WY. Thh drawing la a compilation ofvarious surveys and Is nota aealatlsurveyorcdrawing. FarCN4A parmlLLing any.rdy. Ndtrmnshudion. 9 0" 0 (S R BAR Legend MHW (3We survey) MHW and MLW (wrwed) Normal High Water —r—A— (LMG 1=14) Waterstard Edge Marsh (mapped fm n mrlal) CreekChannel Line —.....— — Riparian Corridor Limit — — — — Riparian CorddorSelback— — — — — — — Buried Sewer Dne G e Proposed Dredging (-4' MLW final) DCM WILMINGTON, NO NCDOT ROW JUN 0 9 2015 (disputed) n 15 sa so a F, Ery m p15 H§M; Z . -- E%CAVATIONTO-4.o a>IN '� U N a /Zo a c O U O O^ �.]00 2 � o p W j Bo 8 00 � op m o nT � W r & W ti 00 GG 19.40' N p U.04 N v Q R E g e C Z U rryv�� 5 O 0 0 fD N O. W PAOPOSR DREDGE — — Exiyz�. BO m H b APPROE0 - FO1UR85L0Y8 APPAO�'IE PUPORS SLOPE BRLSfINc sorrow O COVER COVER PROPOSED, I DRPDCB SxIS'P'O:G }-Wb�nM� � COVER _ 9Y 8K13PW0 1 -5 _10 vamx�m -0+20 0+00 0+20 -0+20 0+00 0+20 I € g OEM roimxsuudM1i NOTE >) CONfF"CIURiO PHYSLCA1LYVtUt@YORYfH OFNLUTILTRB9 PMORPfICONSPRMON. BNGIN6RRNBe NOnPIFDOAANYCONFLICIS PRIORlO CONS]IWCPION. N=: U WNPR =RWFHYSIC YVERIPYDEMOFNLIJI'fl.[l]6 PMOATOCONSPRUCRON. ENOIN88AT0 B8NOrIPHIDOFANYCONkllCIS PR[ORTO CONSTRUCTION. � RECEI Egj�R$ g,, rylo1N68611fu DRN: 511E: AT BAILEY DOCKS PROFILE 2-2 AT BAILEY DOCKS 0CM wILMING R PROFILE 1-i L^=5' xoRT. I•=51 JUN 092 i VERT. I"=5' VRT.. VERT. L"=$' w. uenBEz ttF(1'Pl1 Ch:9OLIYA NEW HANOYIr11 COOTY :,id1'9 t'tEt�tP;aTi"/ Cld�hi'in'_SR311 VJi!rii��eioe,ld. C. (311 T4'<tti AtA?2Ei CU�I'PAP1Y, Petitionar, V. STATE IUMPAY cokbjjssj:cN, itaaponlont. IN THE SUMMIC1t MART Jl7ilCtHM D a 660 - 341 This notice coming on to be heard and being heard- before the Honorable Postor Edwards, Clerk of the 0„parior Court O XON HanoverCounty, Morth Carolina, and it mppoorins to the court from an examination of the record in this Proceeding and from other evidonae prooented and cohaiderodr That this proceeding wan duly instituted on April 17, 1959, by too filing of d petition and tha'issuance of a ath!monal that summonawb.n served on respondent on April i'l, 1959, that anasia tLp'wam filed by respondent in apt •he, that all portion hawing or claiming do Interest in the lands dnvolvakl in thin cause are portion to the raboeeding and are duly before the court, that n co,iy of a mnp chewing thelocationand boundary lihoo of the property affected by the Irark of'aonstruotin.,a now road from a point appraximatoly 500 feetsouthanst of the intorboation of U.J. 74 and U.3. 76, thence across the Tallied tvAUrvay, honks Channel 9dund., to. a point At the contor lino or :forth Lumies Avenue, Wrightaville Bosch was done under Htote lilllnway i'rejacts 9:13533j'1l-13535 and 0.13536, \'mr-sfanovor Crniatytt and shoeiing superimposed thereon th® right of way for.aaid�xosd and the ri ht at Way scquired for the oonatniction of said projects, ban be filed in this prooesdinel That the -'hate tliyhway Cor,.misaion is an &,;envy of the State of Piorth Carolina., authorised to Icasto, roloosto, construct sad maintain a MUM of public hi,1p,gyaj that it has the power .of eminent domain far the purpose of acquiring property, property riahto*p rights _of way sand-oaemnants in, and for all purposes over, upon Anti poseaeros landil including lands Of petitioners, for public Line s far tutq.ah the 3tat6 Mitivay Commission, its succaosora slid ausigns, are authorised 1y low to oubjoct the sacen, Chet the, titicna are and were' at the time of thetaking'hereilnaftbr referred to thi:oOr e orrara of the lands described'in tho'petition and sh.onn on the map filed herein: that the-ontats or interact acquired by the respondant for public Liao in 'said lands in ac aaaomont of right 01' way &croonsaid property as doocribod. and net out in the pleadings herein find shown on the nap, that the'time of taking at said easement by respondent ties priar to April 17, 1.959, That nau potitlonars and roapoAdent have reached an agroament Iahcroby respondent hall agreed to pay and petitioners`1470 agreed to accept the auaa Of TWI;PITX-NItlrl THU'dSANtS t"IVF HUt>tlttt?:D DOLLARS 4291566.00) as just compen MUM-.+ UM for the taking of the casement of .right at''way�acroos slid lnedo aiei• for All damagoo sauced bytho construction M said prsjeatel P. THFdiL'PCffIN, 1'f IS t11UtiPtt;O, AUJUIKt Ell Alin DprariZ, 1- That trio respondent, State 4linhway Commisaion, was entitled to acquire and did acquire prior to April 17s 1959,;by oblineat domain, the aassmant of right of way lap over, upon.nnd across,yhe'l&adf$ of the ' petitinnarsfor all pirpocco for which thb :aid,0oi�is@inn, its nitccoeoors- and 400igne,..ara.Authorived by law to suhjaot"the aamep.that tbo description Of said treat or pA2'06.1 Of all fellowor lint aver:. nhioh. said aas4nent 'ran acgi; resi' ds 4- That certain treat or parcel of land situate in the Township of Harnotto Oounty of ,tow Hanover, North Carolina, and more parti- oularly d000ribed by motes and bnWYds as .fall0nat Hf.07 NIN.0 in the middle, of the track of the Tide tsater Power Cocptny'a RUctrio Railroad one thousand two hundred and ninety -nano (1$299) feet'baDt of•the.meat6rn shore of Banks Chantivl, or four thousand. We hundred and .fifty-five (4,255) feat eastward or a atone monutsnt.locatod noar bhightsvilla titution, it boing the western line of Stet® Grant Na.'21M5't isnund to domed 5mithi flovember 22nd, 1414, and ruhnine ".hands with %he *oatorn line of the aforesaid grant and with the woatern line of Grant No. 1124, issuod to dammn Sodth, Deoembor 11.th, 1016. 1. North 42 degrees 25 minutes east two thousand nine hundred and forty-two (2,942) font tn.a eteko, it being the fourth corner of'the last mentioned :auto Grant to dames Bmit'h; . 2. Thence with the third lino of the said State Grant south h7 degrees 35 minutes cunt four hundred and novanty- seven (477) foot to the wostornredge of hhank'a Channel; 3. Theme with tho vast shore of Bank's Channel north n dorreao 56 minutes cent five hundred And fifteen (515) rest to the bonthern share of f ocro'e 1nlot:Charnal; _._ 4. Thence with Morals Tnlet.rhenndl north 60 degroen 20 minutes want two hundred and twontr-thrao (223) tamp 5. Borth 35 degroos.45 minutes weat-seven hundred And thirty (730)'feet; 6. :north 39 dogr000 30 minutes west two hundred and sixty -novae (267) Poet; 7- North 35 degrees vast one thousand ono hundred And forty (1,140) Peaty if. Borth 6 degrees west one hundred and oirhteon (11t) feet; 9. :North 49 degrees went three hundred and forty-two (3h2) feet; 10. North 77 dograns 50 minutes Nast three. hundred and fifty-four (354) festj 11. ;north 4f; degrees ho minutes Rost five hundred and Party-eiplit (50) foot; 12. South Q1 degroen 35 minutes went six hundred and f1ft7.(65o) foatp 13. ;south A aegreae 20, minutes most one hunirod and seventy (170) feet to the line,,6rr the proponad inlu%d waterway as survoyad by the, Corps of ItneneurIa of the United Otatou Arng6; 14.,' Thence with the lino, of said inland waterway survey south41 domes 10 minutes west tho thousand six htndrad end sixty-neven (2,667),fe;ot'-to the northern :Line of Stoic Grant No. 1168, Jointed to John H. Looden, @;qy 12th, 1617; -3- 15. Thanoo with the northern line of the aforesaid Lrant north &t degreoo 40 minutes that ono thousand (1,000) fact to the 'shore of the mainlands 16. Thenoo with the various coeraes of the shore of the mainland, the Cenoral hoaringf{ bein); South 42 degiroon Vent six thousand five hundred (6,500).fast to the -confer of the channel, of DrAdloyie Croak,where the said creek empties into tllo Sound, it being the baninning oorner of the aforesaid State grant to John R. London; P. Tkwnco .with trio southern line of tta aforesaid State grant South'04 degrees 116 minutes Feat one thousand eight hundred (1,8ca) fret to a ntako .in the lino of the Aforesaid survey of the proposed inland aatorua+y) 1A. Thence with said liue south 33 degrees 15 minutes want atw.thoasand five hundred nod nixty-fi.va (1,565) feet to a .lino ,projected south 68 degrees 30 minutes coat from the north odge of Pigfish 3.ana) on Oreenvi'llo Sound; 19. Thoneo soutti 66 degrees 30 minutea east seven hundred and fifty (75o) foot to the center of a channel; 20,. Thenca with said channel south 19 degrees 30 Miamian nest'five hundred (400) feat) 21. ;Thancg south 7.7 degreo6 20 minutes east thrao hundred and tuanty-five (32e) toot) 22, Shouce south 54 deeroas 10 minutoo east one hundred and thirteen (113) foot; 23- Thonse south 9 dogroes 20 Yninutaa want three hundrod and forty-nine (349) Post; 24. Thence south 33 deC(:roos 55 minutes went one thousand and thirty (1030) feet) 25. Thanoc south 43 dogroon 30 minutes wait three hundred' end uOvonty-five (375) feat; 26. Thenco south 47 dogroas 35 minetda want. oi, it kiri ulrod and oight (GOE) feet; 27. Thence south 75 dogreec 25 minutoo weat four hundred and, ninety-two (492) feet; 23. lhonoo south 42 degroin';uut four hundred and nihaty (49o) foot; 29. T'hmnoe south 20 dnM,esn 30 minutes waat three hundred and Sixty-aevon (367) fact; i 30: Thonee nouth, 13 do)rrebs wout seven hundred and ninety (790) fact; .31, !Th age, south 7 degrees 40 minutoo irost six hundred and aixty '(66o) foat; 32. ;nanaa south 59 itsGrsos 50 WiWtve went two hundrod and forty-four (244) feet) -4- 33. Thonle south P. do1!reos wont two hundred and twenty--fiva (225) foot; A.' Thence south 83 dogreco u.:. h5orilnuteo aest two hundred and eiehty-tuo (?82) root; 35. Thence south 33 dogroso want three hundred and ton.(310) reef,! - - 36. Thonoe south 68 dogro"s 30 minutos vest two hundrml.and. ninety-nina (299) foati 37. Thence north 1;2 &Rroos weot ninety-three (93) font to a stonox c, oornor or'Honry Mover and the Tide Water power corpan7; 30. Thence with tha linos of the `Fide Water power O,,anpony south 54 degrees wnot three hunirad and forty,_ five (345) foot; 39. South. 36 degrees 10 minutota wont four hundred and forty-f.wm (4hha) foot; L0. South 81 degrees 55 ninutao went four hundred (hCD). foot to 4 atone; U. Goath 69 dagrooa 15 minutus veat'aine hundred Paid sixty-five (96$) foot; 42. South 82 degreos 15 minutes wost five hundred and thirty-oit{nb (538) feet;. 43. 'Vcrth 1 degroo 50 ml.nutoo'woat fivs handrsd And o=aven foot (507); 10t. '?girth ale d=ipreca h5 ninutao seat four iutnlred end = (406) foot to a stono; h,. lhenee south 7 dogroea went one thaomand two hundred arA sovonty-throe (1,273) feat to the bogioning oornor oi' State Grant No. 1533, issued to John,A. 1,111irgtoay $lPVQPbo0 1hth, 1836; h6. Theme, with tan firob 1SnQ of oaid Brant south W dorrece 40 toinuten Oast five thousand nine hundred and aavontr (5t970) feet to the western ahore of Moonbore Channel! 0. Thence north 1.7 degrees 5 ainutun east eight hundred and twenty-four (821a) toot to a point in the vast odt;a of Shinn Creek; 111?. Tho:ico 'acrosa Flhinn Crcel, north 66 decrees 10 minutes east six hundred and night -six (68(,) footto a point irithe etas tarn 6dya of Votlonboro Ghanhn.11 U. ahonce with the hest edge of Naconboro Cnatanel north 6h clogmes 55 minutes east one thoucarrd and thirty -nix (1r036) font.,; 50. north L5 degrees 10 minutao east oix hundred and ninoty (690) fast to a ;point where the northern branch of Shinn Crook adjoins Haaonboro Channel; 51. Theme comes the northern branuh of Shinn Crook north 21 deproes cost one thousand and twenty-two (1tt022 feet to a point in the western odge of Dankas Channel; 52. Thenec witiwautern edge of Bankru MIRTM101 narth.0 de'groes.hotes yvost five hundred and saventY- tvo (572) foatj 53. r"forth 111 110655 ialnutoa ©nut one thousand four hundred cad jiucivo (1P)d95) focti 5);. (forth 94.degr,nat nix huru.rod :u:d fifty (650) Peet; 55. ';arth 62 dedroo minutes uout coven hundred ail t:todty-oiUht (72g)tj 56. Nurth h5 dOM'.00; minuten east mix hundred and tvolVe (612) feetl 57. North 46 degrueanrnutes east seven hhndred and twont."OlOt (72a) foot; 5n. North 48 degrees 'rainutos east five hundred and forty.(540) toot; 59. 170rth 26 jorreou el wino imrrdred and fifty-fivo (955) foot; 0. North 10 dorraeo 54lnutaa enot four hundred and thirty-eir..(436) feat; 61• Borth 17 dsgre fast] as wontrour hundred and twenty (420). 82. north 55 degrade 55 a;utes west four bandred and thirty -sown (h37) feet to a ,rtnt .1n tho south, edro of OrnnZerrs rtkaunaaj 63. Theme "rose CrAugortaMunuelnorth 39 dog{sreds 3tj minutes ete�t raven hundred ad;iwsnCy+aevau (727) feet to a taoirit in tiro north adge of tail ciunnalf 64. Tgonce eti.tlr the north edlro.af (rnnRatro Channel north S6 dogruaa resat two hundred and. nutty -two (292) footl 65. North 53 degrees, lie minutnu west ono hundred and thtrtp-two (13P) fostj 66. Horth 5L tiarresa 50 miautns.west 'three hiuArrrl and ten (310) Poet; 67. i.'orth 59 dorreoa 10 xatuutoa Lout three hundred and u1RtY-ttxao (Y)3) feat to the teginaing corner of 3tato 0met No: 1145, Satuod to Jnm*s Smith, tdovoi1eor 22M, 1814, 08. Thokiae with the rtaatsi`a lino of paid great north 42 doZroeo 25 minutaa eaut one thousand WA hundred and seventy Webt (1,678) fast to the befinuing. Oontainina, One thousand night hundred aids aitioty (1,090) aarou, morn or loan, ae will more gully appear by reference to n survey made by J. T,. 5ootoa Fund >rlb ilorden, Uivil Naginoers dated' Bovembor, 1923, as oxtIonded by 440 Nordon, Jtwamp 1a2%i: 'xir rmp of said survey it Attaohod to and =do a Part eP the dead freaa P. A. flatthes and wito to Jhore.ores Gomea:n ,maordod in Book 155r pate 322 in the office of the Rceivter of aeedw of how Hanover bounty. -e- Beinf; the same Property eonvoycd to tihora Acres Company by F. A. Katthou and wife, Tcina 0. Matthea,.by dead dated June 20, 19211, and received August 5, 1924, in Book 155, page 322 at seq. in the Now Banover County Hst;istry. Gxcoptingi 1101mer, from said tract all lots, percale and tracts of land convoyed by Shore Acres Company by deeds or Other instruments recorded it) the Nou lfanover County Aogistry. That the easumant of riyht,of way acquired over said landa is shown shaded in rod an -the amp filed in this proceeding, and is described an 1'ollo,rst That onsemant of right of vay sufficient to give the aforesaid projects as constructed across the above -do ocribed property a parallel right-nf-vay bearing in width of 200 foot, reasurod 100 feet on each aide or the center line thereof to 250 foot, measured 100 fact to the South and 150 fact to the North of said canter .line, all no nppears shaded in red on the map filed In this proceeding and as doncribed thereon and as Ladieated by concrete markers on the ground. 2. That the sum of TWkNT'{-,yltic TtfUU.gMID Fr/H BUfMjlg DOLI:P.N.9 (029,500.00) is the full, rnir and adequate value of and repreoante jitot compensation for the taking of the asnement of right of way in; over, upon andacross the Iced') of the potitionarn for the past and fatura use thereof by the respondent, its Buccaneers and assigns, for all purposes for which the said respondent, its auoosasore-and aeeigns, are authorized by lam+ to subject the came and for all damagon oausad by the construction of said projaots. 3. "lint the Stato Highway 80mmisaion, respondent horoin, pay into court the Dian of TW?r1TY-11SM11i THO1)sAyTj V11% 111410Hwp. 00E.7:AHS 029,500.00) in full eom;tonsation for the easement of right of toy across said property and for all damages caused by the oanstruction of said projects. It. That a copy of thin judgment be certified under the seal of the Cnurt to the Register- of­Dcade of Uow Hanover County and be by him recorded upon, the land records of said ecunty 5. That .the respondent pay the costs of this action. This the .[ day of �,,y/y1`960. zz"Ck2 fi'.:r APIROPF21 ATO CMSZR1TF7 TOt Eli(kl5 ACHE5 COiiiA?7$ 11ALrOLM % RAWELL > Attorney Coneral 9 �fIUP1Eu ganimth l'coten Jr. Aseistont Attorney OonacA,i�- 1 Harrison inwis Trio A-'T tbornoy Al 111laf .F }ng 1k:iif DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Bailey & Associates, Inc. clo Chris Bailey COUNTY: New Hanover PROJECT NAME: Grand View Community Marina Expansion LOCATION OF PROJECT: 202 Summer Rest Rd, adjacent to Molts Channel and the AIWW, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-9-15 FIELD RECOMMENDATION: Attached: NO CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 6-27-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: Vga- 1 S MAIL OUT DATE: 6-25-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 END OF NOTICE DATE: 7-18-15 DEED RECD: ON: 150 DAY DEADLINE: STATE DUE DATE: 7-18-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission RECE;VCD Local Permit Office JIJN Division of Marine Fisheries / DCM Corps of Engineers MAJOR PERMIT FEE SCHEDULE Bailey & Associates / $400 / New Hanover County 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: S400 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: 5250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 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 land/or open water areas: $475 60% $285 40% $190 DENR CAMA Daily Check Log for WIRO Date Received Deposi led Check From (Name) Name of Permit Holder Vandor Check Number Check amount Perl NumbeNComments Refund'Reallocated 5/28/2015 5/2a/15 Beverly M. Naylor Larry Naylor INC State Employees' Credit Unic First Bank _5200.00 BB &T 2073'. $100.00 minorfee, SC 15-14, OnCo. 5/28/2015 6/1/15 5/28/2015 6/1/15 5/29/2015 6/1/15 5/29/2015- 6/1/15 Carolina Marine Dredging Inc IRicky HanrnG_ c GP 64852D $100.00 � minor fee, NTB 15-16, PnCA Larry Rice Construction _' Ricciardi 2243 Forest by the Sea HOA Inc _ Mark Armstrong - _ _ Allied Marine Contractors, LLC same B of A _ __ _ WNIs Fargo Bank - 1 D676 5100.00 renewal fee, MP IW-02 _ _ same 1070 $100.00 renewal fee, MP 53-11 5/29/2015 6/1/15 EPC Holdings 846 LLC B of A 2006 $406,00 GP 65149D Q$200 5/29/2015 Thad N. andM Cable _ _6/1115 5/29/2015 .Erin 611115 Seller Home Builders 6/1/2015 6/3/15' Waters Edge HOA, Inc. 6/1/2615 6/3/15 Northern Riverfront Marina an 6/1/2015 613/15 City of Wilmington 6/1/2_015 6/5/15. High Tides II Inc _ 6/2/2015 6/3/15 Inlet Watch Yacht Club, loc 602015 Allied Marine Contractors, LL 6/3/2015 6/3/15 Alton L. and Sherry D. Jenkins 6/3/2015 6/3115 Alton L. and Sherry D. Jenkins 6/3/2015 Charles F. Riggs &Associate 6/4/2015 5/5/15 James W. and Donna M._Jon 6/4/2015_ 615/15 Pullen Place Townhouses Co 6/4/201 o 6/5/15. Coastal Marine Piers Bulk 6/ Ml 5Tr 6/5/15 Ovedleck Marine Construction _ 6/4/2615 6/9/15 Beam & Associates 6/5/2015 6/9/15 West P. Hunter, Jr. 6/5/2015 6/9/15 TI Coastal Services, Inc 5/8/2015 _ 6/9/15 SEPI Engineering and Constn m � fm a'ii _ James McGhee_ GP 63278D Q$200 _ same _ _ NC State Employees' Credtt_Unio 2937 $200.00 GP 63279D _Neil and _Heather S_ente_r - _ Wells Fargo Bank _ 1471 $20064 .00 GP 632D same_ Park Sterling Bank _ _ 1538 $400.00 major fee, Hampstead, PnCo d Hotel, LLLP City Marina of Wilmington, LLC _ PNC Bank 3857 _ $100.00 _mod fee, MP 44-07 same _ IBofA _ _ 6 $100.00 renew alfee, MP 10-12 Johnny and Susan Sides BofA - 1903 $100.00 minor fee,N80sprey, NTB Ons.00 same BB &T 15636 $100.00 renewal fee, MP 12-06 C Kevin Finger B of A 2036 $200.00 returned to contractor per Jason Dail same B of A 1395 $200.00' GP 64661 D @$600 same B of A 1396 S400.00''see above entry s Inc Richard and Linda Baker First Citizens Bank 14048 $250.00 major mod fee, MP 84-13 returned per Jason es same IPNC Bank 1911 $200.00 GP 64654D ndominium . same/Keny Avert _ _ First Bank 1220, $200.00 transfer&renewall, MP 56-09 LLC _ William Creasy _ _ _ I Wells Fargo Ba_ nk 20242 $400 00_GP 64665D @$200 _ Gasser _ _ _ _ _ GP 64666D @$200 _ Inc. John Kane SunTrust —4468 $200.00 GP 64660D — Sea MistCamping Resort, Inc. IBB &T Z 4824 $150.00 addl. $150 for major nod fee, 162-09 Bailey and Associates _ First Bank Steve Lilly PNC Bank NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary June 25, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Bailey & Associates Major Public Notice Kyle & Heather: Please publish the attached Notice in the Saturday, June 27, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send 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. Sincerely, S un K. Simpson Permit & Customer Support Division of Coastal Management cc: WiRO Doug Huggett, MHC DCM Tyler Crumbley, USACE Chris O'Keefe, Director, Planning & Inspections Dept. 230 Government Center Drive, #110, 28403 Kathryn Thurston, Zoning Administer, City of Wilmington, PO Box 1810, 28402-1050 Michele Walker- DCM N. C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncooastalmanagement.net RECEIVED JUN 2 91ol5 ":,...,,,,- .,1 An Equal Opportunity 1 Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, On June 9, 2015, Bailey & Associates, Inc. clo Chris Bailey proposed to expand an existing docking facility to accommodate 17 vessels for the Grand View Community Marina at 202 Summer Rest Rd, adjacent to Motts Creek and the AIWW, in Wilmington, New Hanover County. A copy of the application may be examined or copied at the office of Robb Mairs, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 18, 2015 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. RECE VVED JUN 2 9 2015 "0' -iwm1 s ,� DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Bailey and Associates, Inc. c/o Chris Bailey PROJECT NAME: Grand View Community Marina 2. LOCATION OF PROJECT SITE: 202 Summer Rest Road, adjacent to Motts Creek, and the Atlantic Intracoastal Waterway, Greenville Sound, in Wilmington, New Hanover County. Photo Index - 2006: 22-7424, I-J, 10 2000: 22-273, I-J, 10 1995: 22-255, J, 8 State Plane Coordinates - X: 2358428 Y: 173148 Latitude:34°13'11.47562"N Longitude:77°48'51.900003"W 3. INVESTIGATION TYPE: CAMA and D & F ROVER FILE # - 0-120614B 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/16/2015 Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 6/9/2015 (completed) 6. SITE DESCRIPTION: 7. 8. Office — Wilmington (A) Local Land Use Plan — Wilmington/New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: CW, PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private Community (E) Wastewater Treatment: Existing — Sewer Force Main (NEI) Planned — N/A (F) Type of Structures: Existing — Timber bulkhead, irrigation well, access pier, floating dock, remnant piling Planned — Additional access pier, gazebos, floating docks, mooring pilings and excavation of boat basin for up to 17 vessels. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FAD QTHER (A) Vegetated Wetlands (Coastal Wetlands) (Shaded) 678 sq. ft. (B) Non -Vegetated Wetlands 6,732 sq. ft. incorporated (Open water 2,934 . ft. (C) Other (Highground) Disposal Site —56,628 sq. ft. (D) Total Area Disturbed: 66,972 sq. ft. (-1.5 acres) (E) Primary Nursery Area: No (F) Water Classification: "SB" Wrightsville Recreational Area Open: No PROJECT SUMMARY: The applicant proposes to expand an existing docking facility adjacent to Motts Creek and the Atlantic Intracoastal Waterway (AIWW) to accommodate 17 vessels. RECEIVED JUN 2 9 2015 Bailey and Associates c/o Christopher Bailey -Grand View Community Marina Page 2 9. PROJECT DESCRIPTION: The project site is located at 202 Summer Rest Road (NCSR 1417), across from the old "Babies Hospital" location, adjacent to Motts Creek, and the Atlantic Intracoastal Waterway (AIWW), Greenville Sound, Wilmington, in New Hanover County. To locate the site from the Wilmington Regional Office (WiRO) take US Hwy 74/76 towards Wrightsville Beach just before crossing the drawbridge to Wrightsville Beach. The property is approximately 150 feet north of the US Highway 74/76 drawbridge to Wrightsville Beach and is directly across the AIWW from the NC Wildlife Resources Commission (NCWRC) public boat ramp at Wrightsville Beach, approximately 6501east. To locate the property from Military Cut -Off Road (NC Highway17), turn onto Eastwood Road towards Wrightsville Beach. Travel east approximately 1 mile and the property of interest would be located on the left just before the drawbridge to Wrightsville Beach. The project site is bordered to the north by Motts Creek which functions as the connection to a tidal pond/embayment on the west side of Summer Rest Road adjacent to the old "Babies Hospital", which an existing box culvert bridges this connection for the street. The applicant currently maintains the old "Babies Hospital" property located at 7205 Wrightsville Ave. and is currently in the process of constructing the new Grand View mixed use development to include I I I residential units through State Permit No. 87-07. The application states that project site is approximately 6,000 sq. ft. (0.137) acres with approximately 558 feet of shoreline frontage and averages 5' above normal high water (NHW). The property is peculiar with the majority of the shoreline of the property bordering Motts Creek. There are existing community and private docking facilities with associated boat basins to the north of the property along Summer Rest Road (State permits No. 174-00, No.165-90 & No. 241-89). These facilities connect directly to the AIWW via an access channel at the mouth of Motts Creek. The boat basins for these docking facilities along with the access channel have been excavated periodically through the years to maintain adequate water depths. The adjacent docking facility to the north was authorized a boat basin and access channel to the AIWW through State Permit No. 174-00, which was issued to the previous property owner (B. Smith). The final project depth of the authorized access channel is -6.0' at MLW. The marsh area, between the highground along Summer Rest Road, Motts Creek to the north, and the boat basins to the north, consists of smooth cordgrass (Spartina alterniflora), ranging from 40 to 120 feet in width. At the transition to highground, there is high coastal marsh vegetation, intermixed with spike grass (Distichlis spicata), sea oxeye (Borrichia frutescens), sea lavender (Limonium, spp.), saltwort (Salicornia, spp.), and salt meadow grass (Spartina patens). Shrubs including; marsh -elder (Iva frutescens), grounsel-bush (Baccharus halimifolia), and wax myrtle (Myrica cerifera) complete the transition to the highground. There is an existing timber bulkhead along the western portion of the property that stabilizes the highground area adjacent to Summer Rest Road that was authorized under CAMA General Permit No. 51962. Waterward of the timber bulkhead is an access pier that extends towards the AIWW, which runs parallel to Motts Creek towards the AIWW. The access pier terminates onto a floating dock via an access ramp that runs parallel to the AIWW. Waterward of the existing floating dock, approximately 40' south are remnant pilings from an abandoned pier and approximately 85' waterward of the existing floating dock on the western side is the timber fender system for the AIWW under the Wrightsville Beach drawbridge. This facility was authorized through State Permit No. 84-01. There is an existing wastewater line easement, which is known as the Northeast Interceptor (NEI), which crosses property. The Town of Wrightsville Beach obtained State Permit No.106-78 for the approximately 800 linear foot 14" subaqueous line on July 10, 1978 that is located on the north side of the drawbridge to the Town of Wrightsville Beach. Wastewater is collected and pumped under the AIWW through segment #1 of the NEI to the Cape Fear Public Utility Authority (CFPUA) pump station and ultimately to the CFPUA's Southside Wastewater Treatment Plant. There is also telephone lines that were located on the referenced revised drawings dated 06/26/2001 in State Permit No. 84-01 application. RECEIVED JUN 2 9 Yob d^WI'IWrIN L'I{Y Bailey and Associates c/o Christopher Bailey- Grand View Community Marina Page 3 The existing docking facility was authorized for up to two (2) vessels through State Permit No. 84-01, which was originally issued to CGRS Enterprises, LLC on 07/3/2001. The application for State Permit No. 84-01 depicted that an approximate 50' section of the authorized access pier and the floating dock in the location of the NEI were designed to be bolted for removal for required maintenance. The location of the access pier in relation to the NEI was addressed under condition No. 7 of State Permit No. 84-01 and referenced revised drawings dated 06/26/2001. The existing docking facility appears to meet the 80' setback from the USACE AIWW federal channel and the 150' Department of Transportation (NCDOT) 150' right-of-way from the bridge (See Sheets 1 and 2 of 9 and Project Narrative). Further, the referenced drawings for State Permit No. 84-01 indicate that the northern riparian corridor line was referenced from the centerline of Motts Creek channel. State Permit No. 84-01 was transferred to Bailey and Associates, Inc. on 05/04/2006 and last modified on 05/27/2008 for relocation ofthe authorized access pier to the south to accommodate the authorized two vessels, and the construction of a 30' in length by 20' in width partially covered platform to be constructed on the northern side of the relocated access pier. The platform location under this modification was authorized just on the waterward side of the coastal wetlands boundary and on the southern side ofthe existing NEI sewer line. The NEI was located in the field on 12/10/2007 by the acting agent at the time of the modification request. The alignment of the NEI was depicted on the attached drawings for the modification request and was taken from the survey, and construction of the existing access pier currently spans over the NEI. To date the authorized partially covered platform has not been constructed. State Permit No. 84-01 expired on 12/31/2008, however, State Permit No. 84-01 was subject to extension by the Session Law 2009406, as amended by Session Law 2010-177, the Permit Extension Act. State Permit No. 84-01 expired on 12/31/2012. State Permit No. 13-86 was issued to Consolidated Ventures Corporation on 11/19/1986 for a docking facility at this property, which authorized up to ten (10) slips, which included excavation for a boat basin. Permit Condition No. 9 of State Permit No. 13-86 addressed the existing sewer line and reads: "The area over the 14 "force main shall not be excavated unless the applicants can verify that the line will have 4' cover remaining." The proposed docking facility ran parallel to Motts Creek and the traditional navigation to the AIWW from the private docking facilities to the northwest along Summer Rest Road and to the 80' setback requirement from the AIWW channel. State Permit No.13- 86 expired on 12/31/1989 and the construction of this docking facility was abandoned. The only evidence of the docking facility is the remnant pilings from an abandoned pier, aforementioned. Further, these existing pilings at this location appear to be present in the review of historical NCDOT1989 aerial photography. The New Hanover County and the City of Wilmington 2006 Land Use Plan Update classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters ofthe Motts Creek and Middle Sound are classified SB (Wrightsville Recreational Area) by the Division of Water Resources. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to expand an existing docking facility adjacent to Motts Creek and the Atlantic Intracoastal Waterway (AIWW) to accommodate 17 vessels. The application states that the existing floating dock and a section of the existing fixed access pier would be removed and also proposes excavation to maintain the depth necessary to provide safe dockage for additional vessels. As stated, the application indicates that the NEI was located and surveyed by the applicant; however, only approximately 110 linear feet was located. In addition, the application states that the dredging limits would maintain an approximately 15' separation from the location of the NEI. An area approximately 160' in length by 90' in width would be mechanically excavated by bucket -to -barge method to a final project depth from -4.0' at MLW. This would result in the removal of approximately 810 cubic yards of material, which would be hauled to a privately owned spoil island located approximately 2 miles south of the project site at the confluence ofthe AIWW and Motts Channel (US Army Corps of Engineers (USACE) Disposal Site No. 0248), which is privately owned. RECEIVED JUN 9, 9 20 Bailey and Associates c/o Christopher Bailey- Grand View Community Marina Page 4 The application states that the material would be off loaded and placed outside the USACE Easement Boundary on the eastern portion of the island. The proposed spoil site is commonly used as disposal site by local marine contractors. A new angled section of access pier is proposed from the existing access pier and would extend towards the AIW W, measuring approximately 20' in length by 6' in width and would extend towards the AIW W, just waterward of the waterward edge of coastal wetlands. An access ramp would lead onto a new main floating dock, measuring approximately 116' in length by 6' in width that would extend towards the AI W W, essentially in the same alignment as the access pier. The main floating dock would terminate onto a floating dock, measuring approximately 60' in length by 6' in width which would run parallel to the shoreline creating a "T-shaped" configuration. Four (4) floating finger piers, each measuring approximately 23' in length by 3.5' in width would extend from this main floating dock towards the south. Two (2) tie pilings would be located between the finger piers to accommodate slips #1 through #8. Three (3) floating finger piers, each measuring approximately 30' in length by 3.5' in width would extend from the main floating dock and towards Motts Creek. Two (2) tie pilings would be located between the finger piers to accommodate slips #9 through # 14. A "floating deck", measuring approximately 16' in length by 16' in width would be located on the most landward end of these floating finger piers, which the application states would be for kayak/wave runner launch area. A partially covered platform would be located on the south side of the new access pier extension. Dimensions of the platform would measures approximately 22' in length by 22' in width, and would mostly be over open water. The portion elevated over existing coastal wetlands would be no greater than 6'. The application states this area of Motts Creek is approximately 117' across to the edge of an existing oyster bar. The application states that the new marina would accommodate up to 14 permanent slips and two (2) transient vessels on the waterward end of the "T-head" configuration. Located approximately 150' from Summer Rest Road an additional access pier, measuring approximately 73' in length by 6' in width would extend over the coastal marsh from the northern side of the existing access pier into Motts Creek. The pier would terminate onto a partially covered platform, measuring approximately 20' in length by 14' in width, which the covered portion would be located over open water (See Sheets 1 through 9 of 9 and Project Narrative). A scoping meeting for this project was held on 11/5/2014 at the Wilmington Regional Office (WiRO) with the applicant and his agents along with various interested review agencies, which was followed by a pre -application meeting with NCDCM on 3/26/2015. 10. ANTICIPATED IMPACTS: The proposed marina docking facility construction would incorporate 2,934 sq. ft. of Estuarine Waters and Pubic Trust Area, which includes an area currently usurped by a section of the existing access pier and floating dock. The proposed new piers and uncovered platforms would shade approximately 678 sq. ft. of coastal wetlands, vegetated primarily with Smooth Cordgrass (Spartina alterniora). The application states that the proposed docking facility would accommodate up to 17 slips for mixed type vessels ranging from 16' to 30' in length, of which two (2) would be transient slips located on the waterward side of the proposed "T-shaped" configuration. The proposed excavation would impact approximately 6,732 sq. ft. of shallow bottom area through the use of mechanical dredging, resulting in the removal of approximately 810 cubic yards of material. The proposed excavation and structures were designed to avoid the NEI; however, based on the size of the vessels that would be moored at this proposed docking facility, and the unknown exact location of the NEI within the project area, the vessel use of the proposed marina could potentially cause additional erosion within the NEI due to propeller wash, and could expose the NEI to potential damage. The application states that prior to the construction, a field marking of the NEI would be performed by a professional utilities location company to assure this separation. RECEIVED JUN 2 9 2015 Bailey and Associates c/o Christopher Bailey- Grand View Community Marina Page 5 The disposal of the material would impact approximately 56,628 sq. ft. of highground, which would be located onto an existing spoil island at the confluence of the AIWW and Motts Channel (USACE Disposal Site No. 0248). The proposed marina structures would extend approximately 128' into a waterbody, which measures approximately 512' across (AIWW). The proposed platform into Motts Creek would extend approximately 10' into a waterbody measuring 50' across, which all structures would conform with the 1/4 width. The proposed marina docking facility appears to meet the required 80' setback from the USACE AIWW federal channel; however, based on the provided drawings, the southern portion of the proposed marina docking facility encroaches into the Department of Transportation (NCDOT) 150' right-of-way from US HWY 74/76. The proposed marina docking facility would not encroach into the adjacent 15' riparian corridor setback requirement to the south of the project. As stated, the referenced drawings to State Permit No. 84-01 for the existing facility on the property indicated that the northern riparian corridor line was measured from the centerline of the Motts Creek channel. The proposed facility would be located outside of the footprint ofthe previously authorized docking facility under State Permit No. 84-01. The drawings for State Permit No. 13-86, which was issued to Consolidated Ventures Corporation on the same property for a 10 (ten) slip docking facility, did not locate a northern riparian line. Due to the peculiar shoreline configurations in this area of Motts Creek and the AIWW a traditional perpendicular alignment could not be achieved for a riparian corridor and associated setback. It appears that the intent of the previously authorized docking facilities for this property was to prevent structures within the established access channel for the existing docking facilities along Summer Rest Road and the AIWW. Rules ISA NCAC 07H.0208(b) Specific Use Standards (6)(1) states: "When shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable as determined by the Division of Coastal Management". The application package for State Permit No. 174-00, which was issued on November 14, 2000, and was then renewed and modified on January 19, 2006 to the adjacent property owner to the north at the time (Smith), for the existing private docking facility and associated boat basin and access channel, contained a notarized authorization from the Summer Rest Landing Yacht Club Owners Association, Inc., which was the adjacent riparian property owner to the north, which allowed Smith's facility to extend the into the adjacent riparian corridor. Based on the proximity of this proposed marina docking facility to the existing private docking facilities to the north along Summer Rest Road, which connect directly to the AIWW via an access channel at the mouth of Mons Creek, and the NCWRC public boat ramp at Wrightsville Beach, the proposed marina docking facility could potentially impede and congest the traditional navigation in the area of the AIWW. During the busy summer months, this area of the AIWW can be very congested due to larger vessels sitting idle waiting for the drawbridge to open and boaters trying to launch and retrieve smaller vessels at the NCWRC public boat ramp located at Wrightsville Beach. It should be noted that condition 2 to State Permit No. 13-86 which was issued to Consolidated Ventures Corporation on the same property for a 10 (ten) slip docking facility, addresses the traditional navigation of this area, which states: "Traditional navigation to the AIWW from private dockage to the northwest along Summer Rest Road shall not be impeded by this projector its later use. A fairway ofreasonable width in water depths of 4' MLW or greater must be maintained to comply with the terms of this condition". As stated, the adjacent docking facility to the north was authorized a boat basin and access channel to the AIWW through State Permit No. 174-00, which was issued to the previous property owner (B. Smith) authorized a final project depth of -6.0' at MLW. Minor increases in turbidity should be expected during the construction; however no long term adverse impacts are anticipated. RECEIVED Submitted by: Robb L. Mairs Date: 6/25/2015 Office: Wilmington JUN 2 91015 06iM"-Urld A 1" CAMA Major Permit Application Project Narrative Grand View Community Marina 202 Summer Rest Road Wilmington, New Hanover County, North Carolina Bailey and Associates, Inc., Applicant Land Management Group (LMG) Inc., Agent Existing Conditions Bailey and Associates Inc., is the owner of New Hanover County parcel R05714-004-012-000. The property is located at 202 Summer Rest Road, Wilmington, and abuts Motts Creek and the Atlantic Intracoastal Waterway (AIWW) just north of the Wrightsville Beach Bridge. Upland portions of the property are located within the City of Wilmington, and riparian areas below mean high water are within the jurisdiction of New Hanover County. The property features riparian access to Motts Creek on the northern side of the property and the AIWW at the eastern end of the property. There are 476-Ift of shoreline along normal high water, as flagged by LMG, within the deeded property boundaries. The property currently contains a 652-ft long fixed pier which accesses a 60-ft long floating dock parallel to the AIWW with 2 boat slips (CAMA Permit 84-01). The current floating dock is located approximately 12' landward of the quarter waterbody setback which is more restrictive than the 80' federal setback off the AIWW channel in this location. Deeded property boundaries for the parcel include a mean low water and a mean high water line surveyed at the time of recordation in 1984. Since the low water line was shown on the 1984 survey, a search for any submerged land claims was conducted to determine whether the applicant or any adjacent parcel had a legal submerged land claim. The NCDENR, Division of Marine Fisheries, database for "Submerged Land Claims Recognized under NCGS 113-205" was reviewed. Neither the subject property nor the directly adjacent northern property were shown to have any recognized submerged land claims. More recent mean high water, normal high water, and mean low water contours are provided in the application materials in addition to the deeded boundaries (for reference only). The AIWW along the property is designated by the NC Environmental Management Commission (EMC) as SB waters (Index # 18-87-24). The property is located across the AIWW from the public boat ramp at Wrightsville Beach. No waters adjacent to the property are mapped as Primary Nursery Area (PNA), and the adjacent waters are closed to shellfishing for human consumption. Proposed Project Bailey and Associates, Inc. is proposing to expand the existing docking facility to provide a total of 17 slips, ranging between 16' and 30' in size. Two of the slips on the outside of the "t" head would be transient slips. All slips would serve residential units within the Grand View mixed -use development currently under construction at 7205 Wrightsville Avenue (the former "Babies Hospital" and New Hanover County parcel R05714-002-003-000). The residential component of RECEIVED the mixed -use redevelopment of the former Babies Hospital site will provide 111 residential units. JUN 2 9 2015 Boat slips proposed in this application would serve the residents of Grand View. The proposed jYM V'NYI' It+ Y ry'� boat slips are within walking distance of the residential units, and no parking at the waterfront parcel will be necessary. No upland work is proposed in this application Grand View Community Marina, Bailey and Associates, Inc. RECEIVED CAMA Major Permit Application, Project Narrative, June 8, 2015 DCM WILMINGTON, NC 1 JUN 0 9 2015 The existing floating dock along the AIWW and a portion of the existing outer access pier would be removed. A new floating dock system with platforms would be constructed along the AIWW. New structures will include the addition of a 117-Ift floating dock spine; four 24' long floating fingers; three 30' long floating fingers; a 60-Ift "T"; a 176 sq.ft. fixed covered platform with a 213 sq. ft. open deck; and a 256 sq.ft. floating platform. New floating docks will be accessed by a ramp, and pilings will be installed to secure the floating docks and for boat mooring purposes. A 9' x 14' fixed gazebo with a 5' x 20' deck is proposed on Molts Creek and would be accessed by a new fixed pier extending 73' from the existing fixed pier. The sewer line for the Town of Wrightsville Beach is buried within the riparian corridor of this property. The piling and dredging plans have been designed to avoid the surveyed position of the buried force main by a minimum of 12 ft. In addition, prior to construction, a field marking of the force main will be performed by a professional utilities location company to assure this separation. A hydrographic survey was completed by TI Coastal in September 2014. Depths from a February 2007 Gahagan & Bryant survey, as shown on a February 2009 Maritech Dredging, LLC plan used in a previous CAMA application, are included for the southern -most portion of the riparian corridor. Water depths within the project area near the AIWW currently range between -0.75' MLW to -9' MLW. Dredging to -4' MLW is proposed only along the western half of the proposed floating dock system where current depths are 4' MLW or less. The dredging area is designed to remain 10' from the surveyed outer edge of the coastal wetlands. The dredge area would total 6,732 sq.ft., and the dredge volume is anticipated to be approximately 810 cy. The applicant proposes to use a bucket -to -barge operation and dispose of the material on an existing spoil disposal site owned by Shore Acres, Inc. and located on the AIWW approximately 0.5 mile south of the project area. Permission for the use of this disposal site has been requested and a copy of that approval is enclosed. No fuel or maintenance services would be provided, and no overnight or live-aboards would be allowed by the rental agreement and/or community rules and restrictions. Seapath Yacht Club provides a pump -out and is located on Harbor Island (Wrightsville Beach) less than 1 mile by water from the project site. As a result of our 11/5114 scoping meeting and our 3/26/15 pre -application meeting, we are providing an update on two items: 1. On 11/14/14, a request (copy enclosed) was made to the Town of Wrightsville Beach for a recorded copy of the "Easement" between the State of North Carolina and the Town or in lieu of such, the recording information from the New Hanover County Register of Deeds Office along with other maps, surveys and other information relating to the "Easement". As of today, there has been no response to this public records request. 2. DCM staff has requested that the proposed dock system along the AIWW be moved northward to avoid what was believed to be the northern NC Department of Transportation right -of- RECEIVED way line across the AIWW as originally portrayed on the plan drawings for the project used by LandJUN 2 9 2015 Management Group. In order to verify the presence and accurate extent of a right-of-way over the c„v water, a request to NCDOT was made for documentation. At present, we have received various Grand View Community Marina, Bailey and Associates, Inc. RECEIVED CAMA Major Permit Application, Project Narrative, June 8, 2015 DCM WILMINGTON, NC JUN o92015 materials from NCDOT, however the applicant believes none of the materials accurately depict or prove that an easement or right-of-way exists over the AIWW. The applicant is of the opinion at this time that such an easement or right-of-way does not exist and we are presenting the proposed dock system as planned, with the earlier portrayed right-of-way line over the AIWW labeled as "Disputed" and anticipate NCDOT further review during the normal course of the permit application review process. RFCFVEC JUN 2 9 7015 Grand View Community Marina, Bailey and Associates, Inc. RECEIVED CAMA Major Permit Application, Project Narrative, June 8, 2015 DCM WILMINGTON, NC 3 JUN 092015 DCM MP-1 APPLICATION for Major Development Permit (last revised 12I27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Bailey And Associates, Inc. Project Name (if applicable) Grand View Community Marina Applicant 1: First Name c/o Mr. Chris MI Last Name Bailey Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address P.O. Box PO Box 400 City Jacksonville State NC ZIP 28541 Country USA Phone No. 910-346-8443 ext. FAX No. 910-346-8637 Street Address (ifdifferentfrom above) City State ZIP Email cwbailey@baileyandassociates.biz 2. Agent/Contractor 6dormation Business Name Land Management Group, Inc. Agent/ Contractor 1: First Name MI last Name Steve Morrison Agent/ Contractor 2: First Name MI Last Name Laura Stasavich Mailing Address PO Box City State 3805 Wrightsville Ave., Suite 15 Wilmington NC ZIP Phone No.1 Phone No. 2 28403 910-452-0001 ext. ext. FAX No. Contractor # 910 452 0060 Street Address (if different from above) City State ZTFCEIVED Email 7 V1015 smorrison@lmgroup.net; Stasavich@lmgroup.net bt-w,."r., RECEIVED <Form continues on backs DCM WILMINGTON, NC JUN o 9 2015 252-808-2808 .. 1-888.4RCOAS7 .. www. nccoastal management. net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 202 Summer Rest Road S.R. 1417 Subdivision Name State Zip N/A- w ll serve Grand View rental units 4411mington NC 28403 - Phone No. Lot No.($) (d many, attach additional page with list) ext. N/A, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project CAPE FX AR. Atlantic Intracoastal Waterway and Motts Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of Wilmington (above MHW) and New Hanover County (below MHW) 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fl.) 476 feet along NHW 0.85 acres per NHC GIS data c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) Upland area — 2' ®NHW or ❑NWL e. Vegetation on tract Area below NHW includes coastal marsh species such as Spartina altemiflora, Distichlis spicata, Limonium carolinianum, Spartina patens, and Salicomia depressa. Upland on the property is largely vegetated by Morelia cerifera. f. Man-made features and uses now on tract Approximately 127 Ift of bulkhead; 6' x 652' fixed access pier; ramp; 6' x 66' floating dock providing two boat slips. g. Identify and describe the existing land uses adiacent to the proposed project site. Adjacent uses to the north are residential. Adjacent uses to the west, along Wrightsville Ave, are largely commercial. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? City of Wilmington zones upland as 0&1-1 (Office and (Attach zoning compliance certificate, it applicable) Institutional 1). New Hanover County zones area below ®Yes ❑No ❑NA MHW as B-1 Business (GIS data). j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes SNo RFCFI VED k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes SNo ❑NA JUN 2 9 2015 4:wxu-kwh.: If yes, by wham? � 1k I. Is the proposed project located in a National Registered Historic District or does f involve a ❑Yes ®N+4�_X(t; E I V E D National Register listed or eligible property? JUN 0 9 2015 252-808-2808 :: 1-888-4RCOAST :: www. nccoastal management. net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit <Form continues on next page> m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (1) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Work requested in this application does not require treatment of wastewater, but the property is served by the Cape Fear Public Utility Authority. o. Describe existing drinking water supply source. Work requested in this application does not require drinking water, but the property is served by the Cape Fear Public Utility Authority. p. Describe existing storm water management or treatment systems. There are no existing stornwater management or treatment systems on site. Existing development is pervious decking. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovemment IRPrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Purpose is to expand docking facilities to provide 14 boat slips 24' to 30' in size, one slip 16' in size and two transient slips. All boat slips would serve the Grand View apartment rental community currently under construction at 7205 Wrightsville Avenue. Slips would be available for use by residents of the residential units within the mixed -use development and would be used for recreational boating. 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. Installation of new floating docks and mooring pilings would be done with standard wash -in piling rig. Proposed dredging would be "bucket to barge" with material dewatered on the barge before placement in an approved spoil disposal area. d. List all development activities you propose. Along AIW W-construction of new floating dock and 7 finger piers to provide 14 boat slips 24' to 30' in size, one slip 16' in size, and two transient slips. Construction of two platforms. One floating platform serving as a kayaktwave runner launch area. One fixed platform, partially roofed. Dredging within 6,732 sq.ft. of public trust bottom to final depth of 4 MEW. Majority of existing fixed pier to remain. Along Molts Creek- new fixed pier and partially roofed fixed platform. No upland development is proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? No upland disturbance, Dredging below NHW — 6,732 Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? (NCbOT WW _bIS d h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVED No direct discharges to waters of the state are proposed. 1UN 2 9 7015 k'4hvrRanc: 171i i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ORE C E I V E D DCM WILMINGTON, NC JUN 0 9 2015 252-808-2808 :: 1-886-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit <Fomn continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required 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 John and Eliza Blackwell, LLC (206 Summer Rest Rd. to the north) Phone No. Address 203 Summer Rest Road, Wilmington, NC 28405 Name NC DOT clo Mr. Stoney Mathis, PE (US 74f76 to the south) Phone No. Address 5501 Barbados Blvd., Castle Hayne, NC 29429 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. CAMA Permit No. 13-06, Consolidated Ventures Corp., 11/19/86. CAMA Permit No. 84-01, CGRS Enterprises, LLC, 7/3/01. Modification on 5/27/08. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 1 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. ?E E VED Date _June 8, 2015 Print Name Land Management Group, Inc., agent 6StaT� JUN 2 91015 Signature Please indicate application attachments pertaining to your proposed project. RECEIVED ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culv4VM WILMINGTON, NC ❑DCM MP-3 Upland Development JUN 092015 252.808-2808 .. 1.888.4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit ®DCM MPA Structures Information RECENED JUN 2 91015 RECEIVED DCM WILMINGTON, NC JUN 0 9 2015 252.808.2808 .. 1-888.4RCOAST .. www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-t. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length N/A N/A Irregular. N/A N/A N/A N/A Total Area = Width N/A N/A 6,732 sq.ft. N/A N/A N/A N/A AvgDepth Existing N/A N/A -0.75' MLW N/A NA NA N/A Final Project Depth N/A N/A -4' MLW N/A NA NA N/A 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. Approximately 810 cy (using 2007 and 2014 survey depths) c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: N/A ❑This section not applicable b. Type of material to be excavated. Bottom sediments of AIW W; grain size anticipated to be primarily sand. d. High -ground excavation in cubic yards. None. Z DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Spoil disposal island on AIWW approx. 0.4-mile south of site. Shores Acres Co. property (R06300-002-003-000) behind Corps' AIWW_DA_0248. 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 wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB CIVIL ®None (ii) Describe the purpose of disposal in these areas: N/A Dimensions of disposal area. Area within Shore Acres Co. parcel R06300-002-003-000 of approx. 0.3-acres. d. (i) Will a disposal area be available for future maintenance? ®Yes []No ❑NA (ii) If yes, where? Anticipate future requests for use of same disposal area. f. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA RECEIVED (ii) If yes, how much water area is affected? N/A JUN 2 9 2015 RECEIVED DCM WILMINGTON, NC 252.808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 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 placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill _ Other _ i. Source of fill material. b. Length: Width: d. Maximum distance watenvard of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. 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 fill material be placed in coastal wetlandstmarsh (CW), If yes, (ii) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and e controlled? No excavation or fill is proposed above MHW or NHW. 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. N/A submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the fill in these areas: backhoe, or hydraulic dredge)? Bucket to barge excavation, small excavator. 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. No fringing wetlands will be impacted at spoil disposal site - existing access path available. JUN 2 June 8, 2015 Project Name /.y-;p�yyn,,/ )-ay Date Grand View Community Marina RECEIVED Bailey and Associates, Inc. DCM WILMINGTON, NC Applicant Name J U N 0 9 2015 2S2-808-2808 :: 1.888-4RCOAST :: wwvvmccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Applicant Signature RECEIVED JUN 2 9 7oI5 RECEIVED DCM WILMINGTON, NC JUN 092015 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this forth 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/manna: []Commercial ❑PublidGovemment ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ONO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes []No (ii) Number Please see attached MP-4 supplement If yes: (iii) Length Please see attached MP-4 supplement (ii) Number Please see attached MP-4 supplement (iv) Width Please see attached MP-4 supplement (iii) Length Please see attached MP-4 supplement (v) Floating ®Yes ❑No IN) Width Please see attached MP-4 supplement (v) Floating ®Yes ONO e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? []Yes ®No If yes: If yes: (ii) Number Please see attached MP-4 supplement (ii) Number N/A (iii) Length Please see attached MP-4 supplement (iii) Length N/A (iv) Width Please see attached MP-4 supplement (iv) Width N/A (v) Floating ®Yes ONO Note: Roofed areas are calculated from ddpfine dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 17 (with 2 being transient) ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 2 ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips') only, number of slips: 14 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: 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 mixed vessel types ❑Open water; no dredging required ❑Other; please describe: RECEIVED JUN 2 91015 k. Typical boat length: 16' to 30' 1. (i) Will the facility be open to the general public? h+::w-yni,y r_uu ❑Yes ONO m. (i) Will the facility have tie pilings? ®Yes ONO RECEIVED (ii) If yes number of tie pilings? DCM WILMINGTON, NC 14 JUN 0 9 2015 252-808-2808 :: 1.8884RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. No treatment for sanitary wastewater will be needed. Bathrooms are available within walking distance at associated residential units, and facility will have a no overboard discharge policy. Pumpout is available at Seapath Yacht Club located on Harbor Island, Wrightsville Beach, approximately 0.9 miles via boat from the site. c. Describe the disposal of solid waste, fish offal and trash. Trash cans will be located on the upland portion of the property near Summer Rest Road. d. How will overboard discharge of sewage from boats be controlled? A no overboard discharge policy will be enforced through the slip rental agreement and/or community rules and restrictions. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 1- on proposed floating dock. (ii) Give the location and number of "Pumpout Available" signs proposed. One sign indicating nearest public pumpout (Seapath Yacht Club) will be posted on the fixed access pier. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No maintenance or fueling services will be offered. g. Where will residue from vessel maintenance be disposed of? No maintenance services will be offered or allowed. h. Give the number of channel markers and "No Wake" signs proposed. None i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. No fuel services are proposed. j. What will be the marina policy on overnight and live -aboard dockage? No overnight or live-aboards will be allowed and will be enforced through rental agreement and/or community rules and restrictions. k. Describe design measures that promote boat basin flushing? Proposed dredging will be in open water to a depth of 4 MLW which will not exceed depths within the connecting AIWVOECDVED I. If this project is an expansion of an existing marina, what types of services are currently provided?"'"" .q Expansion of existing two slip dock with no services. RECEIVED NC JUN 0 9 2015 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12127/06 Form DCM MP-4 (Structures, Page 3 of 4) in. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ENo n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ENo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ENo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. N/A 3. BOATHOUSE (including covered lifts) EThis section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublictGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) EThis section not applicable a. (i) Number III) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) EThis section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ❑This section not applicable a. Is the structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community c Distance to be placed beyond shoreline Tie piles range from approximately 29' to 120' from waterward edge of marsh. Note: This should be measured from marsh edge, if present. e. Arc of the swing N/A 7. GENERAL b. Number 14 d. Description of buoy (color, inscription, size, anchor, etc.) No bouys- tie pilings within slips #1 through #14. RECEIVED RECEIVED JUN 2 9 Y05 DCM WILMINGTON, NC -'- .P,fv JUN 0 9 2015 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 15' to the southern riparian corridor limit; 164' to northern riparian corrdior limit Note: For buoy or mooring piling, use arc of swing including length ofvessel. C. Width of water body 508' along existing pier to bulkhead on eastern side AIWW e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. N/A b. Proximity of structure(s) to adjacent docking facilities. —144' to Blackwell dock to the north d. Water depth at waterward end of structure at NLW or NWL Existing depths range from -0.75' MLW to -11' MLW within proposed slips. 8. OTHER ❑This section not applicable a. Give complete description: June 8,2015 Date Grand View Community Marina Project Name Bailey and Associates, Inc. Applicant Name Sri.. --Sk/ it Applicant Signature/` - RECEIVED JUN 2 9 2015 kdF54ayMny �i{u RECEIVED DCM WILMINGTON, NC JUN 0 9 2015 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 CAMA Major Permit Application Grand View Community Marina, Wilmington, NC MP-4 Supplement 1. Docking Facility/Marina Characteristics c. Dock(s) and/or Pier(s) Existing Fixed Access Pier 540' x 6' to remain with 20' x 6' angled pier extension to be added. All other existing docks to be removed. Proposed docks and fingers as listed in tables below. Structure Length ft Width ft Floating Dock 116 6 Floating Dock 60 6 Fixed Pier 73 6 d. Are Finaer Piers Included? Quantity Length ft Width ft 3 30 3.5 4 23 3.5 e. Are Platforms Included? Quantity Len th ft Width ft Platform irregular shape Floating Dock 16 16 Platform 20 14 Floating dock spine Floating T' fixed pier (Molts Creek) floating Floating 176 sq.ft. gazebo and 213 sq.ft. open deck Floating Molts Creek- 20' x9' gazebo and 20' x V open deck RECEIVED JUN 2 91015 RECEIVED DCM WILMINGTON, NC JUN 092015 TO WILMINGTON �S Fy�,T�o 00 0 WRIGHrSVILE AVE US HWY 76 � LMG r LAND MANAGEMENT GROUP sec ' Environmental Consultants 3805 Wrightsville Ave., Suite 15 Ylmingtm, North Cardim28403 Telephone: 910452.OWI P� �0 SITE 5 CAMA Major Permit Application Grand View Community Marina 202 Summer Rest Road, Wilminqton, INC Site Location TD �,Q/cyTSL <<F BF icy RECEIVED JUN 2 91015 tt:�w-«n.,N t,liJ RECEIVED DCM WILMINGTON, NC JUN 0 9 2015 te: Revision Date: 5/4/2015 rie: ob um er: NTS 02.14-045 Iwn By: Figure: McKim and Creed 1 Of 9 4 A��V7i NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary June 25, 2015 Mr. Steve Morrison c/o Land Management Group, Inc. 3805 Wrightsville Ave., Suite 15 Wilmington, North Carolina 28403 urn The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Mr. Chris Bailey with Bailey and Associates, Inc. for the proposed development located at 202 Summer Rest Road, adjacent to Motts Creek and the AIWW, in Wihnington, New Hanover County. It was received as complete on June 9, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is August 24, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from June 9, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. m ly, t Robb L. Mairs Field Representative Wilmington District Office N.C. Division of Coastal Management cc: Doug Huggett, DCM Tyler Crumbley, USACE Chris O'Keefe, NH Co. Kathryn Thurston, City of Wilmington RECEIVED Anthony Law, NCDOT Chris Bailey, Applicant July 2 9 pp (�Ar,gM.,y E'hu 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910,395-3964Internet: www.nocoastalmanagement.net An Equal Opportunity \ ARrmadve Aden Employer com vessf Chan N()T 1 (010 1074 CAMA PERMIT APPLI PROJECT: Applicant pro E rl FOR Doses to expand the existing in mimingron, ive otts o. COMMENTS ACCEPTED THROUGH Jules, 2015 APPLICANT: RailaV JL Occo -la Inc. c/o Eric RailgV pp Box 4nn Jacksonville, NC 28541 Agent: Steve Morrison, LMG, Inc. (910) 452-0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: INC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Robb Mairs, Field Representative 910-796-7423 SHORE ACRES COMPANY FACSIMILE FAX 912\231-1594 TELE 912 236-5644 TO: LMG Land Management Group, Inc. A T TEN: Laura Stasavich YOUR FAX NO: 910/452-0060 FROM: Lawrence B. Lee, President DATE: January 5, 2015 RE: APPROVAL OF PROJECT— Bailey and Assoc. Inc. USACE D.A 0248 PAGES: I Your project is hereby approved. The rate for dumping on the proposed Shore Acres land is $3.00 a cubic yard. We assume you will get the required approval and permission from CAMA and the USAGE. We understand that you are proposing to work with Tommy Wafters. If that changes please let us know. Good luck with your project and let us know if we can be of any further assistance. awrence B. Lee President RECEIVED JUN 2 9 2015 �1K:N�.unnb+buv, RECEIVED DCM WILMINGTON, NC ®n NCDE�IR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary AGENT AUTHORIZATION FORM Date: _March 9, 2015 Name of Property Owner Applying for Permit: Bailey and Associates, Inc. Owner's Mailing Address: P.O. Box 400 Jacksonville, NC 28541 Name of Authorized Agent for this project: Land Management Group, Inc. Agent's Mailing Address: 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 Email: _cwbailey@baileyassociates.biz EmaiC_smorrisonnaJlmgroup.net Phone ( 910 l 346-8443 Phone C 919_1___- 452-0001 I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for, and obtaining all CAMA Permits necessary to install or construct the following (activity): View Community Marina For my property located at 202 Summer Rest Road, Wilmington, NC This certification is valid 1 year from (date) _March 9, 2016 Owner Signature D 127 Cardinal Dnve Ext., Wilmington, NC 28405 Phone 910-796-7215� FAX: 910-395-3964 Internet v nccoastalmanagementnet RFCevED JUN 2 9 7(115 RECEIVED DCM WILMINGTON, INC An Equal Oppuaunily AMrtnaM A�nEmployer JUN 0 9 2015 Ak�LMG LAND MANAGEMENT GROUP am Environmental Consultants 6/9/15 Robb Mairs Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: CAMA Major Permit Application, Grand View Community Marina, AIWW, New Hanover County Dear Robb, On behalf of Bailey and Associates, Inc., please find enclosed a revised CAMA Major Permit application package for the above -referenced project. The enclosed permit application includes the additional information and changes requested in our June 4, 2015 meeting. Please contact me with any questions regarding the enclosed application. Thank you for your assistance. Sincerely, Steve Morrison Environmental Consultant RECErVED JUN 09 415. Encl: Application package, Copy of letter to Town of Wrightsville Beach, $400 application fee check Cc: Bailey and Associates, Inc. WCEEVED JUN 2 9 2015 RECEIVED DCM WILMINGTON, NC JUN 0 9 2015 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 U� 2006031382 FOR REGISTRATI N REGISTER OF DEEDS EBECCNEW 1WNOVER COUNTY NC 2006 JUN 02 01:31:05 PM BK:5031 9:1350-1353 FEE320A NO REV STAMP3950.00 KIM 1EVE WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Excise Tax: $950.00 NANCY M. GUYTON, Attorney at Law 321 North Front Street, Wilmington, NC 28401 TAX PARCEL No: R05714-004-012-000 R05714-004-019-000 3rief description for the index: _ Summers Rest Road Tract NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 301" day of May, 2006 by and between, CGRS Enterprises, LLC herein, whether one or more, called GRANTORS, and Bailey and Associates, Inc., whose mailing address Is P.O. Box 400, Jacksonville, NC 28540 herein, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to them in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described as follows: BEGINNING at an old iron rod which is located S 11' 28' 88" E 29.04 feet from the centerline of SR #1417 Summer Rest Road and being North 150 feet from U.S. Hwy. 74 & 76 as shown on the plat of survey hereinafter referred to and running thence along and " tD with the eastern line of Summer Rest Road, N 56° 29' 18" E 82.10 JUN 2 9 2015 1.7',pn-f1;piN FIW RECEIVED DCM WILMINGTON, NC JUN, 0 9 2015 feet to a point in the eastern line of Summer Rest Road; thence along and with the low water line of Mott's Creek the following courses and distances: S 16" 66' 50" E 41.00 feet; S 60" 06' 10" E 23.10 feet; N 85" 27' 07" E 42.63 feet; N 76" 02' 65" E 33.79 feet; thence S 77" 45' 03" E 29.25 feet; thence S 64" 60' 20" E 39.22 feet; thence S 43" 40' 13" E 76.49 feet; thence S 53" 43' 57" E 67.01 feet; thence S 42" 02' 25" E 98.92 feet; thence S 9" 40' 26" E 59.23 feet; thence S 85" 34' 52" W 78.97 feet to a point; thence N 54" 02' 13" W 35,77 feet to an old iron pipe; thence N 54" 02' 13" W 16.80 feet to an old right-of-way monument (disturbed); thence N 54" 02' 13" W 372.56 feet to an old iron rod, the point and place of BEGINNING as per map of survey for Summer Rest Associates prepared by Sherwin D. Cribb, N.C. Registered Land Surveyor, #L-1099 dated October, 1984 to which reference is hereby made for a more particular description thereof. The property hereinabove described was acquired by Grantor by instrument recorded in Deed Book 1938 Page 0761, of the New Hanover County Registry. TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or In anywise appertaining unto the said GRANTEES, their heirs, successors, and assigns, in fee simple, forever. AND THE GRANTORS, for themselves, their heirs, successors and assigns, do covenant to and with the said GRANTEES, their heirs, successors, and assigns, that GRANTORS are seized In fee of the above granted and described property, that GRANTORS have good right to sell and convey the same in fee simple, that the same Is free and clear from any and all restrictions, easements or encumbrances, and that GRANTORS will and their heirs, successors, and assigns will warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. All easements, rights of way and restrictions of record. 2. All governmental land use statutes, ordinances or regulations, including, zoning, building and subdivision regulations. 3. Ad valorem taxes for current and subsequent years. 4. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NO WARRANTIES OF ANY KIND ARE MADE WITH RESPECT TO ANY PORTION OF THE REAL PROPERTY DESCRIBED HEREIN WHICH LIES BELOW THE MEAN HIGH WATER LINE. RFCFIVFD JUN 2 9 2015 RECEIVED DCM WILMINGTON, NC JUN 0 9 2015 IN TESTIMONY WHEREOF, the said GRANTORS have hereunto set their hands and seals as of the day and year first above written. CGRS Enterprises, LLC By: (SEAL) Charles N. Garrett, Member STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person(s) personally appeared before me this day, and I have personal knowledge of the identity of the principal(s); each acknowledging to me that her or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Charles N. Garrett, Jr.. (j Date: _ (Q/up_u _ � (Official Seal) Print Name: j, Notary Public My commission expires: I (D= L-b 10 RECEIVED JUN 2 9 21115 RECEIVED DCM WILMINGTON, NC J U N 0 9 2015 REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ♦ � Y���N�M1��HN�NYMMI��MNHIM1MIi1Mi i,M� vt�tMM F�N1 �MMNRM4�MNM�MMrM�Y�OAIM�M�tYMMM� M.�M�MtM!10� Filed For Registration: 06/02/2006 01:31:05 PM Book: RE 5031 Page: 1350.1353 Document No.: 2006031382 DEED 4 POS $20.00 NC REAL ESTATE EXCISE TAX: $950.00 Recorder: PHELPS, MICAH State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. REC11VEf) JUN 2 9 7015 *2006031382* 2006031382 DCRECEIVED M WILMINGTON, NC JUN 0 9 2015 SHANKLIN & NICHOLS, LLP ATTORNEYS AT LAW 214 MARKET STREET POST OFFICE BOX 1347 WILMINGTON, NORTH CAROLINA 28402-1347 TELEPHONE (910) 762.9400 • TELEFAX (910) 251.1773 E-MAIL: 5FIANKLAWOEARTHU NK. N ET KENNETH A. SHANKUN* #8 WRO CERAAEO SPECIAUM IN AuI PPOIEIT' UW - RESIDENTIAL. BUSINESS. COMMERCIAL AND INOUSTNIALTNANBACTONS November 14, 2014 VIA EMAIL TO towens(n.towb.ore AND U.S. MAIL Mr. Tim Owens Town Manager Town of Wrightsville Beach P.O. Box 626 Wrightsville Beach, NC 28480 Re: Bailey and Associates, Inc. FIRST PUBLIC RECORDS REQUEST Our File No 2014060.2 Dear Mr. Owens: MATTHEW A. NICHOLS•• **A= ADMRTED IN NEW YORK Pursuant to Chapter 132 of the North Carolina General Statutes, we request on behalf of our client, Bailey and Associates, Inc., that the following public records and materials be available for our inspection at a reasonable and convenient time within the next twenty (20) calendar days at the Town of Wrightsville Beach ("Town") Offices: I. A recorded copy of that document entitled `Basement" between the State of North Carolina and the Town dated May 27, 1982, a copy of which is attached hereto as Exhibit "A", or in lieu thereof, the recording information from the New Hanover County Register of Deeds Office (Deed Book and Page Number) for that instrument (hereinafter referred to as the "Easement"). 2. Any instruments, memoranda, correspondence, emails, maps, surveys, drawings, letters of understanding or refinement, or other documents that supplement, amend, modify or supersede the above -referenced Easement. 3. Any memoranda, correspondence, emails, maps, surveys, drawings, letters of understanding or refinement, or other documents related to the location, size, scope, length, width, depth and/or maintenance of the above - referenced Easement. RECEIVED JUN 2 9 2015 0�44lwr,, . ,4" RECEIVED DCM WILMINGTON. NC JUN 0 9 2015 Mr. Tim Owens Town Manager Town of Wrightsville Beach November 14, 2014 Page -2- Please consult with N.C. GEN. STAT. § 132-1 et. seq. regarding the scope and extent of the term "public records." We request the opportunity to copy any document or other responsive record either in written or electronic form for compliance with this public records request. If it is more convenient for you and the Town for us to make the copies ourselves or make arrangements for a third -party copy service to make the copies, please let us know and we will gladly arrange for the same. Also, we will gladly pay any reasonable administrative or copying charges associated with this request, and we ask that you please let us know in advance if there are any such charges associated with this public records request. With best regards, I remain KAS/pcc Enclosure cc: John C. Wessell, III Town Attorney — via email and U.S. Mail Mr. Christopher W. Bailey RECEIVED JUN 2 9 7015 . 4-.K✓-Mir^ k-,i:J RECEIVED DCM WILMINGTON, NC JUN 0 9 2015 • ■. ,CVL11tl1'r I STATE OF NORTH CAROLINA I E A S E M E N T COUNTY OF HEN HANOVER TIIT9 EASEMENT, made and entered into this the „2 ' da}• of 1902, by and between the STATE OF NORTH CAROLINA, party of the firat part, and the TOWN OF WRIOHTS- VTLLE BEACH, party of the second part; N 1 T N E 9 S E T 11 t THAT, WHEREAS, the North Carolina Department Of Ada.Lnlatration has aulhoritud and approved execution of this furtrument for the purpowos horaln set forth; and WHEREAS, Lhe exucurl,in of this instrument for and on behalf of the State of North Carolina hen keen duly approved by the Covornor and Council of State by resolution adopted i at a meeting held to the City uC Raleigh, North Carolina, on the 4th day of May, 190:1 and NOEREAS, the parties hereto have mutually agreed to Lilo terms of this casement as hereinafter set forth, NOW, THENEFORE, in consideration of the sum of ONE HUNDREO (5100.00) DOLLARS paid by the party of the second part to the party of thu first part, the receipt of which is hereby acknowledged, the party Of the first part does hereby give, grant and Convey to the said party of the second part, its successors and assigns, the right, privilege and easement to aonstruct, install, improve, remove, ceplece,•inepect, repair and maintain a sanitary newer pipeline as follows, RECEIVED JUN 2 9 ?ON CCaa I,,y .., RECEIVED M WILMINGTON, NC JUN 092015 A. Bdni-F chancel subaquuously for approximately 750 fmaL alonq the south edoe of U. S. Highway 74 causeway and bridge. A. Hannans Crook on bent piles along the south side of the U. S. Highway 74 cauauway and bridge for a dia Lance of approximately 126 feet. ,C.- -AIWW subaqueously north of the U. S. 74-76 High- _way•cauaaway-and bridge for -a distance of approximately 800 -r cat D. Bradley Croak uubaqueuusly near the U. S. 74-76 llighway causeway and bridge for a distance of approximately goo feet. Thu purpose of the easement is to provide the Town f of Wrightsville Beach NI LI1 a connection to the Northeast � I IRLerceptor Grcator Wilmington Aran 201 Facilities Plan. See , o Llarhnd drawings +'ntitled "Sanitary Sewer Improvements rorce Main, Town of Wri.ghtsv Llle Beach, Horth Carolina". It is unrlerateod and agreed that this conveyance i is made sub5nct to the enndition that. the party of the second part &hall properly obtain all necessary permits required by State and Federal law. Failuac to obtain such permits in 1 h a timely manner slhall be deemed an abandonment of said easement., p TO HAVE AND TO HOLD the aforesaid rights, privileges,; and easomant unto the said party of the second part, its ' auccatleors and assigns, ror as long as said pipeline Is utilJeed b the y party of the second part, its successors and I a9slgns, ror the purposos not forth herein, and no longer. IN TESTIMONY WHEREOF, the Stata of North Carolina has causer] this instrument to be executed in its name by JAMES D. HUNT, JR., Governor, attested by THAD SURE, Secretary of 1 SLAte, and the Great Seal of the State of North Carolina hereto, RECEIVED �. affixed, by virtue of the powor and authority aforesaid, as of I SUN 9 i 2015 the dayand year float above written. I i RECEIVED DCM WILMINGTON, NC JUN 0 9 2015 STATE OF NORTH CAROLINA By�4r�--- ATTEST: I F.i rrr•tar�' o Sto o ' j APPROVED AS TO FORMt RUPUS L. F.ONISTEN Attorney Gonoral Assistant Attorney General , I RECEIVED AIN 2 9 2015 "I w,,, :-.I,w RECEIVED %M WILMINGTON, NC JUN 092015 I I j R111TF. OF NO11711 CAROLINA 011IHTY OF WAKE T, DEBOR,N AHN CANDLER, a Notary Public in and for tha County and grace aforesaid, do hereby cattily that JAMS B. HUHT, JR., Governor of the State of North Carolina, and TRAD EO3E, Secretary of Stare of notch Carolina, personally came before me this day end being by ma duly sworn may. such for himnelf that he known cho Great Seal of the State of North Carolina and chat tha seal affixed to thn foregoing instrument is the Grasc Seal of the State; that JANES B, H@1T, JR,, Governor of said Stata, and THAD EORE, Secretary of State, subscribed chair uamea characo, all by virtue of a resolution of the Council of State; and that said instrument is the act and deed of the State I of Horch Carolina. 1H WITNESS WHRREOF, 1 have hereunto gat my hand and NotaTlel Seal, thin the /7 day of J,f , 198.2oz, My Commission Expires: RECEIVED JUN 2 9 g15 RECEIVED DCM WILMINGTON, NC JUN 0 9 2015 --------------- I • r' NOTE. INFORMATION SHOVM ON THIS PLAN IS A COMPILATION OF SEVERA SURVEYS. 1. DEPTH CONTOURS HERE PROVIDED BY n COASTAL SERVICES INC. EMB . _ SEP Honeorbil0 UR, MC Stale Plane NADS3 - 1 V.,. wisW MLWBaulan Sen Oats cd a sfltIry n c astal on segemCer is mtA Morn vtl �ego5¢M soudia�Ke waemanemmeame orarvey as are su4ezm Maw_ - tW - - _ - - - - - 2 SPOT DEPTHS ALONG SOUTHERN PROJECT EDGE N GAHDEPA ASRYANT MET N `,0 MEANTAKENUROMTERIIS-1 DREDGING LLC 2-162W9 PLAN. DEPTHS ARE RELATIVETO NGVDm. MEAN LOW 4WlERIS-t KFT CD4TWRREIAnVE TO NGVD29. 3. NORMAL HIGH WATER FLAGGED BY LAND MANAGEMENT GROUP, INC. AND SURVEYED BY n COASTAL SERVICES INC. SEPTEMBER 18, M14 SURVEY. \ A 1 � � \Y� 4. WATERIAARDDG EWE OF MARSH GRASS DIGITIZED BY T COASTAL SERVICES INC. '4p ` a� �`',.r AND LAND MANAGEMENT GROUP INC., WTH2012AND201014COn pPHOTOS. 5. E%ISTNG PIER,SEVER FORCE MAIN LOCATION, AND SUMMER REST ROAD RIGHTJDF-WAY LOCATIONS PROVIDED BY JOHNNIE J NUU MS LAND SUWEYINGPC WITH PIER LOCATION ON/RDID] AND FORCE MAIN LOCATION ON I2/10,07. 6. REEED BY CKIMA AND CREED RIESFROM, A MAY1 14SURVEY COMPILED SETBACKS PROVIDEDBYMCKIMANDCREEDFRCMAAMY1. m10SURVEY EEDMAOFRIXA 1 r PRENWCATED BULKHEAD EASTERN YgEK. MCKIM AND CREED M1MY m10 sURJEY - _ A `• � �� -�A� e SR FIEL111CCATEDBW(MEAOWEASTERN SIDE OF AIM, REFERENCES PROVIDED BY MCKIM AND GREED INCLUDE, M - �` 6 /•IN 3 g +AA/ r BOJNDARY ITEMS CASES UTUED AMA OFRECORDED SURVEY FOR MBNPO q / 22BYSHERWIN D.LRIBBnTLEDTED CFb11R 19M.A SUMMER -REST PA AbbOGATES'DATED OCTOBER t9B/.AND DEED 1 BOOK PAGE 1351 \4 1 +� a`� HIGH BNMRUWE LOWWATERUNEFRWAPIERAS-BUILTSURVEY 1�- - - b , FOR LEYBASSOGAW TES.INC. BY JOHNNY J, wAMS LAND SURVEYING, PC V DATED AuausT m, zoos. A AU -OTHER iNFORAWTW,MARDG SHAREA EWE OFMARSH, PIERS, DOCKS, FROM VARIOUS MAPS FRW MARITECH DREDGING, LLC TITLED -BAILEY PROJECT- DATED DECEMBER 15, =L AND CCAb ENTERPRIZES, LLC MAP TITLED 'CAMA MAJOR PERMIT PLAT' BY DUISLE AND ASSOCIATESPC. DATED DECEMBER 11,2WD. Legend MHW --------- Creek Channel Line — (2006 survey) Riparian Corridor Limit — — — — MHW and MLW (per Deed) Riparian Corridor Setback Normal High Water — W — W — (LMG 10/2014) Buried Sewer Line Waterward Edge Marsh NCDOT ROW (mapped from aerial) (disputed) RECEIVED LAND MANAGEMENT IS NOT RESPONSIBLE FOR LOCATING, OR THE LOCATION OF, UTILITIES. ANY UTILITIES SHOWN ON THIS PLAN HAVE BEEN PROVIDED BY THIRD PARTIES AND ARE FOR GENERAL REFERENCE PURPOSES ONLY. IT IS THE JUN 2 9 2015 RESPONSIBILITY OF THE OWNERIAPPLICANT AND/OR CONTRACTOR TO CONTACT A PROFESSIONAL UTILITY LOCATING COMPANY. f%EAM-AAMy k=latr This drawing is a compliation of various surveys and is not a sealed survey or engineered drawing. For CAMA permitting only. Not for construction. IyAay�ad"t NNA \ \ ti 1�� GAP i/•Y' E v. 4,4 n'' '+ A 90' 4 a RECEIVED 4 • JUN 2 9 2015 � a Y �Y2 \ �yP2 aa�" \ aDar•"^zc °o0 �P_ RECEIVED 000 000 DCM WILMINGTON, NC All 000 00 �r \ JUN 0 9 2015 00 _°° y� 0 50 100 200 A Project: CAMA Major Permit Application Date: 6/6/2015 Revision Date: � LMG Grand View Community Marina Scale: Job Number: LANDMANAGEMENT GROUPING Environmental Consultants 202 Summer Rest Road, Wilmington, NC 1" = 100' 02-14-045 3805 Wrightsville Ave., Suse 15 Mlmington, NWh Carolina 28403 Title: Existing Conditions Drawn By: LMG Figure: 2 Ot 9 Tela hone' 910-452-0001 R� NOTE. INFORMATION SHONM ON THIS PLAN IS A COMPILATION OF SEVERAL SURVEYS. �T i f: -- _____ 1. DEPTH CONTOURS NERE PROVIDED BY T COASTAL SERVICES INC. SEPTEMBER 18. M14 SURVEY. HonmMal Detum: NC SMte Plan NAD83 VMN 1 Datum: MLW BeaubO Datum co11MeJ by n Coatal on SoomixK 15, M14Cum eM reRasnM1 aC5. ..I ,: �,.' / .J \ cOrc18C.. OMII!Ktelre SouMmP l"oalecOMlrons atmebma Orvvv amsulMedM conn,o 2.PTHSALONG SOUTHERN CTEOGEBY GAH5.GN8BRYAM214WT; AKEN FRON MARITECHDREDGING L-C2-1610BPANDEPTHSARERELATIVTONGVD3 MALOWNTRIS-t.STCOMOURREATVTOGV � Y \ �� 't Yg4+ - - 3. NORMALHGHWAMRRAGGEDBYIANDMANAGEMENTGRMP, INC. AND SURVEYED BY T COASTAL SERVICES INC. SEPTBNSER 18, M14 SURVEY. ZED BY n AL INC yy��LL���� AND LAND MANAGEMENT GROUP NL�,Va1TH 2O1SS PNCES 2 PNDd110 NC�CreMep 110T05. _(JH�k'�Sr. 414, t 5. E lSTWRP,SEN£RFORCEMAINLOLAPON,ANDSLMMERWSTROAD RIGHIOF-VAY LOCATIONS PROVIDED BY MHNHE J VA WAMS LAND SURVEYING PC WITH PIER LOCATION ON < 07 AND FORCE MAIN LOCATION ON 1b1607. �F'Ab \-I'. W a � B. REMAINING PROPERTY BOUNDARIES, AD.ALENT FEATURES AND AIM SETBACKS f' PROVIDED BY MCKIM AND CREED FRO1 A MAY 1, M13 SURVEY COIAPI-ED FROM PRE OUS SURVEYS'MTH UNITED FIELD WORK. WWM AND CREED MAY M14 SURVEY > FIELDLLCATED BULKHEAD ON EASTERN SIDE OF AIM, • - 2 REFERENCES PROVIDED BY MCKIM CREED s AND INCLUDE: > _ \ - ^ J` q- BOUNDARY ITEMS IN BLUE FROA A MAP RECORDED IN MB N PG V BY SHERAIN D. CRIBS TITLED TNP OF SURVEY FOR ylQ SUMMER-RESTASSOCWTES' DATED OCTOBER 1586,AND DEED BOOK W31 PACE 1350. (/S •4 - \��\ �� '^m^ �W S� HIGH WATER UNE AND LOW WATER LINE FROA A PIER AS -BUILT SURVEY FOR RALEY&A$SDOATES.INC, BY JOINNY J. WUJAMS LAND SURVEYING, PC s y/�P DATED AUGUST 25, 2[X4 r y PIERS, AU- OTHER IAVARIATOLMSRBHMEAE CIHI DREDGING DREDfNGLLC DOCKS, FROA VARIOUS MAPS FROM MARB/�S TTtf09NLEY PROJECT DATED DECEMB ENTERPRQES, LLC NAP TITLED MAIY-pUBLEMIDASBOCIATESP.C. MTED DECEAW'Shaded structures are proposed. LLIc Legend ° 4 ApR°qCy MHW — Creek Channel Line — rP2�' s�2 LL \ (2008 survey) Riparian Corridor Limit MHW and MLW (per Deed) Riparian Corridor Setback R. e �° a� c RECEIVED Normal High Water R—�+— 000 \ 9 UN 291D15 (LMG 102014) Buried Sewer Line 000 Waterward Edge Marsh Proposed Dredging (mapped from aerial) NCDOT ROW (disputed) RE EIVED DCM WIL INGTON, NC a LAND MANAGEMENT IS NOT RESPONSIBLE FOR LOCATING, OR THE LOCATION OF, J U N O 9 2015 UTILITIES. ANY UTILITIES SHOWN ON THIS PLAN HAVE BEEN PROVIDED BY THIRD 0 50 100 200 PARTIES AND ARE FOR GENERAL REFERENCE PURPOSES ONLY. IT IS THE RESPONSIBILITY OF THE OVMERJAPPLICANT ANMOR CONTRACTOR TO CONTACT A PROFESSIONAL UTILITY LOCATING COMPANY. Project: Date: CAMA Major Permit Application 6/82015 Revision Date: This drawing is a compliation of various surveys and is not a LMG Grand View Community Marina sealed survey or engineered drawing. LAND MANAGEMENT GROUP io, Scale: 202 Summer Rest Road, Wilmington, NC 1" = 100� Job Number: 02-14-045 For CAMA permitting only. Not for Construction. '—,.Inoo ,.ml C.o,U nt, 3805 Wri",glle Ave., Suite 15 wlmingtOn, NoM CS.Iim2Sn Title: Drawn By: Proposed Dock Expansion and Dredging I_MG Figure: 3 of 9 Tel In510-052-0001 /oPD R .0, / af4�l gNp 7pp Ry� Hp eYf 4S �9,yNCNio '9•Qr __ G MO�Y J __ _ S _ F RFF4- \ c O _ _ r4• �, '� \R Gt�yN 23' 'ID, qc any, qz Goo ` \ \ 'Je°aA� . `Shaded structures are proposed. Legend \erg MHW (2008 survey) MHW and MLW --- (per Deed) Normal High Water --�— (LMG 10/2014) Waterward Edge Marsh (mapped from aerial) Creek Channel Line — Riparian Corridor Limit — — — — Riparian Corridor Setback Buried Sewer Line �o NCDOT ROW (disputed) 0 Fp igr \ - '£ \`♦ H 4a 1 W A Oq �44 20F A Locnnom D lrf�M�eT� �oN J0. •10 Ih�FJq�oT F CM�N r ro oti � soLnr q, C LAND MANAGEMENT IS NOT RESPONSIBLE FOR LOCATING, OR THE LOCATION OF, UTILITIES. ANY UTILITIES SHOWN ON THIS PLAN HAVE BEEN PROVIDED BY THIRD PARTIES AND ARE FOR GENERAL REFERENCE PURPOSES ONLY. IT IS THE RESPONSIBILITY OF THE OWNERIAPPLICANT AND/OR CONTRACTOR TO CONTACT A PROFESSIONAL UTILITY LOCATING COMPANY. This drawing is a compliation of various surveys and is not a sealed survey or engineered drawing. For CAMA permitting only. Not for construction. C V \ CHANNELEXTENSION Q• O o.�eo� c 1LMG ENT GROUP.c a• Environmental Consultants 3805 Wnghtsville Ave., Suds 15 Nilmirgton, North Camlina 28403 a NOTE. INFOf nONSHONMONTHISPIANISACMPl1ATIONOFSEVERALSURVEYS. 1, DEPTH CONTOURS WERE PRONGED BY TI COASTAL SERVICES INC. SEPTEMBER 18, M14 SURVEY. H-zomal Datum: NC Gore Raw MAWS VeNml Datum'. MLW Beeu1M Datum Data collected by TI Coasal on Segamlw 15, M14 atlwn ant! Waum mmieons at man Anne. saummnea indicate mminoma at the oma a y man aresuBjact to c,naoGa. 2. SPOT DEPTHS ALONG SOUTHERN PROJECT EDGE BY GAHAGN&BRYANT2-13-Z I, TAKEN FROM MARITECH DREDGING LLC 2-IS-2BWPIAtJ pEPTH6 ARE RELATNE TO NGVD29, MEAN LOW NWTER I S -1 54 FT CONTOUR REIATVE TO MVDM, ]. NORMAL HIGH WATER FIAGGED BY IAND MANAGEMENT GROUP, INC. AND SURVEYED BY T COASTAL SERVICES INC. SEPTEMBER 18, M14 SURVEY. 4. WATERYa1RD EDGE OF MARSH GRABS OIGITZED BY TI COASTAL SERVICES INC, AND HAND MANAGEMENT GROUP INC., WTH W12 AND 2010 NC OreMaP PHOTOS. 5. EKISRNG PIER, SEINER FORCE WIN LOCATION, AND SUMMER REST ROAD RIGHT# -WAY LOCATIONS PROVIDED BY JOHNNIE J WILLIAMS LAND SURVEYING PC NTH PIER LOCATION ON 440q7 AND FORCE MAIN-CCATCN ON 12/1007. 6. REMNMNGPROPERIYBOUNOARIES,AOWCENTFEATURESANDNYWJSETBACKS PROVIDED BY MCItIM AID CREED FROM A MAY 1, W14 SURVEY COMPILED FROM t: PREVIWSSURVEYSWITHUMITEDFIEIDWORK. MCKIMANDCREEDMAY2014SURVEY FIEMD OCATED BULKHEAD ON EASTERN SIDE OF AIM, REFERENCES PROVIDED BY MCMM AND CREED INCLIAE: j BOUNOARYITEMS IN BWESSTITLOIAAaWMAOF BURNDEDIN MBNPG 22BYERERST D.00IA DAEDCFSURVEYIA BOOK WREAGE 135CMTES' OATEO OCTCaER 16W, ANO DEED BOOK 50]1 PAGE 1]511. HIGH WATER UNE AND LOW WATER LINE FROM APIER AS -BUILT SURVEY FOR BNIEY 8 ASSOCIATES, INC. BY JMWNY J. WILLIAMS HAND SURVEYING, PC DATED AUGUST 25, 2W8. ALL OTHER INFORMATION, MARSH AREA EDGE OF MARSH, PIERS, DOCKS, FROM VARIOUS MAPS FROM MARITECH DREDGING, LLC TRUED 9NLEY PROIECP DATED DECEMBER 15, 2009, AND CONS ENTERPRIZES, LLC MAP TITLED 'CAMA MAJOR PERMIT PLAT BY ONBLE AND ASSOCATES P C. DATED DECEMBER 11. 2W0. Project: CAMA Major Permit Application Grand View Community Marina 202 Summer Rest Road, Wilmington, NC Title: Proposed Docks RECEIVED JUN 2 9 7015 RECEIVED DCM WILMINGTON, NC JUN 0 9 2015 0 1 60 120 Date: Revision Date: 618/2015 Scale: Job Number: 1" = 60' 02-14-045 Drawn By: Figure: LMG 4 of 9 „�cTgc�O �9 0� LF<<OnTy. a4 ya � a4 a4 /a � VC O \ a4 `I a4 a4 a4 a4 a4 1410. -------------- ♦ Fa \ 2c ip,S,T 4k,\� FO.\SC OQ. \ N \ 003.93 -` � �` � � Ot-p� AP N ♦ \�� BFPO O 4363 - S77b0'1 'E 54.i� S87 '43 77.77 7j8 ' L . �z ��q♦� roc I 00 01 A r� / , LAND MANAGEMENT IS NOT RESPONSIBLE FOR LOCATING, OR THE LOCATION OF, This drawing is is UTILITIES. ANY UTILITIES SHOWN ON THIS PLAN HAVE BEEN PROVIDED BY THIRD a compliation of various surveys and not a PARTIES AND ARE FOR GENERAL REFERENCE PURPOSES ONLY. IT IS THE sealed survey or engineered drawing. RESPONSIBILRYOF THE OWNER/APPLICANTAND/OR CONTRACTORTO CONTACT For CAMA permitting only. Not for construction. A PROFESSIONAL UTILITY LOCATING COMPANY. HANNEL L WAVE RUNNER \ Y'/O/EXTENSION ,Ll� S87I'27'55"E \ \ , r Mq/� 6.40 \ < Q�A a\�T/00.11-0 0 e� r3_. 41 6�\�. \ ,3, 6” r15 z4' rB NOTE, INFOFIMATION SHONN ON THIS P✓IN IS A COMPIIATON OF SEVERAL SURVEYS, 1. DEPTH CONTOURS I ERE PROVIDED BY TI COASTAL SERVCES INC. SEPTEMBER 1S, M14 SURVEY. H.—mal Datum: NC Sbte Plena NAC83 Veniical Datum: MLW Bea" DaWm Data Wlectett W T Coastal an Seplemt er 15, 2014y aM HaPmamt coMleona & tlat4me. SwMmpsIMmam comimons at the time &vane/aM are auy Wdutpe. 2. SPOT DEPTHS ALONG SOUMERN PROJECT EDGE BY GAHAGN A BRYANF2-19-2187; TAKEN FROM MARITECH DREDGING LLC 2-1&2DIN PLAN, DEPTHS ARE REIATNE TO NGVD]H. MEAN LOW WATER IS-154 FT CONTOUR REIATVE TO NGVO29. 3. NORMALMGHWATERFLAGGEDBYI WMANAGEMENTGRWP,INC. AND SURVEYED BY T COASTAL SERVICES INC. SEPTEMBER 1a, M14 SURVEY. 4 WATERWARD EDGE OF MARSH GRABS DIGITIZED BY T COASTAL SERVICES INC. AND LAND MANAGEMENT GROUP INC.. WITH X12 AN)2W0 NC O-MaP PHOTOS. 5. EXISTING PIER. SEWER FORCE MAIN LOCATION. AND SUMMER REST ROAD RIGHT-0E-MY LOCATIONS PROVIDED BY JOHNNIE J WILLIAMS UwD SURVEYING PC WITH PIER LOCATION ON 4 07 AND FORCE MAIN LOCATION ON IVI=7. S. RWAMWPROPERTY MMMES.ADWCEMFF MT SMDNW SETHACKS PRONGED BY MCKIM AND CREED FRIXM A MAY 1, 21114 SURVEY COMPILED FROM PREWOUSSURVEYS'MTHLIMITEDFIELDNpRK. MCKIMANDCREEDMAYNI145l1RVEY FIELDLOCATED BULKHEAD ON EASTERN SIDE OF AIMW REFERENCES PROVIDED BY MCKIM AND CREED INCLUDE: BOUNDARY ITEMS IN BLUE FROM A MAP RECORDED IN MB N PG 22 BY SHERWN D. CRIBB TITLED TMP OF SURVEY FOR SUMMER-REBi ASSCCWTES" DATED OCTOBER 1904. AMJ DEED BOOK W31 PACE 1350 HIGH NNTER UNE AND LOW WATER LINE FROM A PIER ASEULT SURVEY FOR BAILEY A ASSOGATES, INC. 0Y JOHNNY J. WILLIAMS UHD SURVEYING. PC DATED AUGUST 25.2M ALL OTIHER INFORMATION. MARSH AREA EDGE OF MARSH, PIERS. DOCKS, FROM VARIOUS MAPS FROM MARITECH DREDGING. LLC TITLED'BNUEY PROJECT' DATED DECEMBER 15, PA, AND CGRS EWERPR2ES, LLC MAP TTUED "CAMA MAJOR PERMIT PLAT' BY OUBLEAND ASSODATES P C. MTED DECEMBER 11, 2000. Legend MHW — — — (2008 survey) MHW and MLW (per Deed) Normal High Water --�— (LMG 10/2014) Waterward Edge Marsh (mapped from aerial) Creek Channel Line — — — — Riparian Corridor Limit — — — _ RECEIVED JUN 2 9 7015 Riparian Corridor Setback ecA «e, ttw Buried Sewer Line R&M -- I V E D DCM WILMINGTON, NC NCDOT ROW — II qq (disputed) *Shaded structutb�re pioposed. 0 20 ao so 9c \ r' C" ]0 .o- III[`; HANNEL ,� \ ♦ �� oFA II YAK/WAVEJ8INNER �• �` ENSION / P LAUNCH AFjFA F40 363 S77-00.1 ,E ` S81' '43' 77.77 ;'ti / 587-�T5-S€--"' _1"' "_ - ____---- & ' 54.43 < ; S87'53'12"E 4 16.40----------------- - - -� CO,�♦ Vic, Fn r ♦ Ln j Proposed Excavation • _' ,' ,�' , Total = 810 cy Spot Depths Relative to A NGVD29. MLW is -1.54 \ ' below NGVD29. (^ ' J Contours Relative to MLW. ' II A �! P 00 /� TOti 900 �. LAND MANAGEMENT IS NOT RESPONSIBLE FOR LOCATING, OR THE LOCATION OF, UTILITIES. ANY UTILITIES SHOWN ON THIS PLAN HAVE BEEN PROVIDED BYTHIRD PARTIES AND ARE FOR GENERAL REFERENCE PURPOSES ONLY. IT IS THE RESPONSIBILITY OF THE ONMEWAPPLICANT AND/OR CONTRACTOR TO CONTACT A PROFESSIONAL UTILITY LOCATING COMPANY. This drawingliatif various and is not a Is a com P on osurveys a LMG LAND MANAGEMENT GRDUP,ec sealed survey or engineered drawing. env anra/ canswram: For CAMA permitting only. Not for construction, 3805 Wrightsville Ave., SDw 15 W lmirgtun, North CanAm 2sKG Teleohgne. 910452-0001 NOTE. INFORMATION SHOMM W THIS PLAN IS A COMPILATION OF SEVERAL SURVEYS. 1. DEPTHCg OWSWEREPROVIDEDBYTCOASTALSERVICESINC. SEPTEMBER 18 n14 SURVEY. Han Mel Dtl NC Stale Plane RADIO VeN l Dwum:MLW Bew(onDW Deta 'tWW N, Tl CoasWI on SertePie 15, 21114~ eM repeanR wMb a1 MN bl SKKWip rd' N wnditims M M. b..1 iY, aM arew omega. 2. SPOT DEPTHS ALONG SOUTHERN PROJECT EDGE BY GAHAGN B BRYANT 2-RLM7', TAKEN FROM MARITECH DREDGING LLC 2-16 2WV PLAN. DEPTHSARE REIATIVETO NGVD23. MEANLOWWATERIS-1.Se FTCONTOURREIATNETONG M. 3. NIXt HIGHWATERFI WEDBYLANDMANAGEMENTGRWP,IW AND SURVEYED BY TI COASTAL SERVICES INC. SEPTEMBER 19. M14 SLPVEY. 4. WATERWARDEDGEOFMARSHGRASSDIGITIZEDBYnCWSTALSERVICESINC. AND LAND MANAGEMENT GROUP INC., WTHXH2AND2010NCCre wPHOTOS. 5EXISTING PIER, SEWER FORCE MAIN LOCATION, AND SUMMER RESTROAD RIGHT-0E-MY LOCATIONS PROVIDED BY JOHNNIE J NUUMAS LAND SURVEYING PC WITH PIER LOCATION W 4 07 AND FORCE MAN LOCATION ON 12/IW S. RWNWNGPRDPERWWUNWWES,AD. MWFEA WSANOAMSETB4CKS PROVIDED BY MCKIM AND CREED FROM A MNY 1, Ml4 SURVEY CWMLED FROM PREMCUSSURVEYSAIDIUMITFDFIELDINCIRK. MCKIM AND CREED My W14SURVEY FIELDIOCATEO BIRKHEAD W EASTERN SIDE OF AIWW. REFERENCES PROVIDED BY MC10M AND CREED INCLUDE'. BOUNDARY ITEMS IN BLUE FROM A MAP RECORDED IN MB 24 PG M BY SHEMIN M CRIBB TTLED TMP OF SURVEY FOR BUMMER -REST ASSOCIATES DATED OCTOBER 1981, AND GEED BOOK W31 PAGE 1350. HIGH YWTER UNE AM LOW MUTER LINE FROM A PIER ASEUILT SURWf FOR BAILEY d ASSOCIATES, INC. BY JOHdNY J. WILLIAMS IAND SURVEYING. PC DATED AUGUST 25, AXIS ALL OTHER INFIXAUTON, MARSH AREA EDGE OF MARSH, PIERS, DOCKS, FROM VARIOUS MAPS FROM MARITECH DREDGING, LLC T TLED'BNIfY PROJECr DATED DECEMBER 15, 290R AND CGRS ENTERPRIZES. LLC MAP TITLED'CAMA MAJOR PERMIT PILXr BY DUIBM ANDASSCCIATES P C. DATEO DECEMBER 11, 2TXI, Legend MHW — — — (2008 survey) MHW and MLW------------ (per Deed) Normal High Water --�+— (LMG 10/2014) Waterward Edge Marsh (mapped from aerial) Creek Channel Line —..—..—, RECEIVED Riparian Corridor Limit — — — JUN 2 9 2015 — Riparian Corridor Setback — — — — — — — Buried Sewer Line a -------------- 6 Proposed Dredging (-4' MLW final) DCM WILMINGTON, NC NCDOT ROW JUN 0 9 2015 (disputed) 0 15 30 60 Vertical Datum Is NAVD 88. Water Depths Are Relative To MLW. Cross Section A Proposed Dredging Floating Finger A Mooring Pile Floating Dock Spine All Floating Finger I 10 10 6 __ 6 MHW 2 —laLw- 2 3 -2 2 -6__. _ -6 -10 — _ -10 0+00 0+50 1+00 Ex. Grade Excavation Area Piling depths per contractor Project: CAMA Major Permit Application LMG Grand View Community Marina LAND MANAGEMEFr GROUP Environmental Consul1tantsr.mt, we 202 Summer Rest Road, Wilmington, NC 3805 Wrightsville Ave., Suite 15 Title: Wilmington, North Camlins2e403 Proposed Dredging Cross Section Telephone910-452-OWJ RECEIVED JUN 2 91015 RECEIVED DCM WILMINGTON, JUN 092015 1 20 ao 5/4/2015 Job Number: V = 20' 02-14-045 By: Figure: LMG % of g RECEIVED JUN 2 9 70A k�uW' •Wt �� —4"' RECEIVED CM WILMINGTON, JUN 0 9 2015 Tax Parcels and 2010 Aerial Photography obtained from New Hanover County GIS.