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HomeMy WebLinkAbout46-15 Benson, CliffPermit Class Permit Number NEW 46-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Z Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 RECEIVED Excavation and/or filling pursuant to NCGS 113-229 APR 3 0 7015 ' ,,f.wrlWnw ISNT. Issued to Cliff Benson,14 Kanawha Road, Richmond, VA 23226 Authorizing development in New Hanover County at adj. to Banks Channel and Middle Sound, 15 Beach Road South. figure Eight Island, as requested in the permittee's application dated 115115, including the attached workman drawings (4). all dated 1/5/15 This permit, issued on April ids 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may oe suoJect to nnes, imprisonment or civu action; or may cause me permit to oe nun anu vote. Docking Facility 1) Unless specifically altered herein, this permit authorizes the relocation of the floating dock and installation of the boatlifts and other structures and uses that are expr6ssly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work Must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. 15 Davis, Director of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Cliff Benson Permit 946-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) `No portion of the authorized docking facility shall exceed the established pier head line. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) This permit does not authorize any additional formalized boat slips in association with this docking facility. a�G�NEo Army Corps of Engineers Conditions 0r-01b pQR 3 9) An as built survey of the authorized structure shall be provided to the US Army Corps o�3>irt- neers. General 10) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 11) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. 12) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Cliff Benson ADDITIONAL CONDITIONS Permit 446-15 Page 3 of 3 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The pemuttee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 15-0075. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00341, which was issued on 4/14/15. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED APR 3 0 2015 1Ow"-"Mw WRA lem mr-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Nl.�flblJ���s l,l�C Project Name (If applicable) Applicant 1: First Name MI CLIrF Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address II� IL __ /y '440 q !wAV PO Box City Lk"10 State//- v . ZIP 7't / Country Phone No. ,/ - b) - ext. FAX No. - - 33, � / 1 Q Street Address (if different from above) City State ZIP Email JC"VA 8 NC, RQ, OM 2. Agent/Contractor Information Business Name 1•, f 4f h'lR17+eL 6A140)IOP4 4,, REULINItu , JAN 8 1 Zf1!5 Agent/ Contractor 1: First Name MI Last N ameTz< mJ p+6fNt 1w 17 F' W Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box �l: � City G1�61h3Ud� State NC ZIP Phone No. 1 Phone No. 2 �JI iJ I W lJ - jb -.,J 0j ()- ext. - - ext. FAX No. R16`aSG 3�G� Contractor# Street Address (d different from above) City State ZIP Email [ <Form continues on back> DCM WILMINGTON, NC JAN 0 6 2015 'Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be m Itiple) Street Address State Rd. # �!1 i fAII YL �y�,� S 19�'W 1k) v SOUTik Subdiv' ' n Name City State Zip Phone No. of No.(s) (d many, attach additional page with list) r0 -95e -3L" e h.C_l(r a. In which NC river basin is the project located? b. Name of bod of water nearest to proposed project 3'�'G kLkll l u7 c. Is tt(h'e water body identified in (b) above, natural or manmade? ,Xetural d. Name Me closest major water body to the proposed project site. ❑Manmade ❑Unknown fi-b"hi.t L Yt y.) e. Is w/ oposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed es ❑No work falls within. 4)JIM )nJ 7V4 NC. 4. Site Description a. Total length of shoreline on the tract (ft.) / b. Size of entire tract (sq.ft.) S/P/ fQr� 00/Y = I S aw )16, c. Size of individual lot($) (�' 3 u�.cs d. Approximate elevation tract above NHW ((normal high water) or NWL (normal water leveo % % (If many lot sizes, please attach additional page with a list) pJA/ ❑W NHor NWL e. Vegetation on tract ,.. ) "LA9 I. Man-made and uses now on tract �features l/ S ,/ g RECEIVED g. Identify and describe the existing land uses adiacent to the proposed project site. R�nrn_r,Nuq f'mr h. How does local government zone the tract? I. Is the roposed project consistent with the applicable zoning? (Att h zoning compliance certificate,rf applicable) 1 �,d,,--Q4 L es ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes UNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does h involve a ❑Yes QKo ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> ^CM WILMINGTON, NC JAN 0 6 2015 'Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit i m. (i) Are there wetlands on the site? as ❑No (ii) Are there coastal wetlands on the site? 4Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes I/No (Attach documentation, ff available) n. Describe existing wastewater treatment facilities. o. Desc ' existing drinking water suppl ource. Mpwl VOL41- a ) p. Describe existing stefrm water'maanagement or restment systems. IZ fir" 5. Activities and Impacts a. Will the project be for commercial, public, or private use? Flit ommercial ❑Public/Government Pdvate/Gaatmvoly b. Give a brief description of purpose, use, and daily operations of the project when complete. 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. 6UAIIV 1111)1�A I D ' f P&V 0)1 Y d. List all development activities you propose. �D/1��1G1i JAN 81 MIS 2C1WL/1�1Unf�0 i fil 0 � /�r7`� � j+rb WA'4xpry I�IrV e. Are the proposed activities maintenance of an existing project, new work, or both? 7V f. What is the approximate total disturbed land area resulting from the proposed project? _ 0 _ ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes JONO []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NbN� t. Will wastewater or stonnwater be discharged into a wetland? []Yes IZNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑ ❑NA j. Is there any mitigation proposed? ❑Yes ElNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEI DCM WILMINGTON, NC JAN 0 6 2015 'Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (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, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Zak- U ) Phone No. 10-�j Address-1100 ltihrlr.©�11.11�cf,, /!?I/tA6M, lUc c7�i6�� Name —11irin GA,c �i Phone No. Address40Ct quC}llnAnrlt.= g.r 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. 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 Ad (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 fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further girtify that the information provided in this application is truthful to the best o( my knowledge. Date 5JAVN.JAGIS Print Name d 11,A)%a ot, /�. RECEIVED Signature ; / JAN 81 2M Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts FIDCM MP-3 Upland Development DCM MP-4 Structures Information PrPBA-MHD CITY RECEIVED DCM WILMINGTON, NC JAN 0 6 2015 I YTOAm 1191 1 aJ 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/manna: []Commercial ❑PubliclGovemment aprivatelGeriiawrifty, El This section not applicable b. (i) Will the foci' be open to the general public? ❑Ves o c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? JYes ❑No (ii) Number ''%rn [ (III) Length �„ N /l l rfo If yes: )) (ii) Number / (iv) widen G c..) gt �' p.� �(G / L%� 11 n m Length i) �.f (v) Floating []Yes IN) Width .0 — �l 1 (v) Floating Yes ❑No J VYes e. (I) Are Platforms included? mYes ❑No f. (i) Are Boatids included? ❑No If yes: (ii) Number 1 If yes: (ii) Number (iii) Length TTT_8 _ Lam/ 71' (iii) Length IN) Width (iv) Width (v) Floating ❑Yes Note: Roofed areas are calculated from driplins dimensions. g. (1) Number of slips proposeq/ b `� INN h. Check all the types of services to be provided. [I Full service, including travel Irft and/or rail, repair or (ii) umber of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑Iiioat ramp(s); number of twat ramps: _ describe JW herr,, ,pipse &: _D i. Check the proposed type of siting: ❑ Land cut and access channel o❑ pen water; dredging for basin and/or channel pen water; no dredging required ❑Other, please describe: Al k. Typical boat length: m. (i) Will the fa lily have tie pilings? ❑Yes t;o (it) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). RECEIVED JAN 81 2P FrIDM'MllClra NM I. (i) Will the facLt a open to the general public? ❑Yes LVNo RECEIVED DCM WILMINGTON, NC JAN 0 6 2015 2. DOCKING FACILITY/MARINA OPERATIONS / 9 (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 ❑ Boathokling tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? it. Describe design measures that promote boat basin flushing? RECEIVED ]AN 81 2ir. Whi'14*fD CI Y I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No RECEIVED DCM WILMINGTON, NC JAN 0 6 2015 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAW 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 []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) r 7/P `This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community III) Number (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 14. GROIN (e.g., wood, sheettide, etc. If a rock groin, use MP-Z Excavation and Fig) f 1 u gThis section not applicable a. (i) Number (ii) Length (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) r % j j gThis section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the stmcture(s): ❑Commercial ❑PublidGovemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. a. Arc of the swing 7. GENERAL b. Average distance from NM, NWL, or wetands section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED JAN 21 70'; RECEIVED DCM WILMINGTON, NC paM-�dA JAN 0 6 2015 a. Proximity of structure(s) to adjacent riparian property lines Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body you I e. (i) Will nawqa)ibnal aids be required as a result of the project? []Yes NNo [INA (ii) If yes, explain what type and Crow they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. yD I d. Wate/r depth /pt waterward end of structure at NLW or NWt. at - / NLW S. OTHER This section not applicable a. Give complete description: 12&-)Ja%tt 1-4U 14i' 191AZ SY-a'm /ZEla4)Z-5 %lIotvnl, Ml�t-n I�U�L To SX� . �v/� Date Project Name Ed 64A. Applicpnt Na e elt— Applicant SicAature RECEIVED JAN 21 1815 P�M-h9N+L3-€ifrlr RECEIVED DCM WILMINGTON, NC JAN 0 6 2015 I 15.0' APPARENT PIER HEAD Litt DOCK 10' PILE I (TYPICAL) 33.7' 16.4' 1. RIPARRIAN LINE PERP, TO ADJ. 8' PILE 151, WOOD PIER FLOATING DEC — • I 10' PILE 1 w 10' PILE TYPICAL I (TYPICAI ) (UNLESS NOTED OTHERWISE) � FLOATING DOCK WL z YII I_ ¢, WOOD RAMP WOOD RAI WOOD PIER a� �I WD. BULKHEAD NHW AT FACE mm AT FACE OF BULKHEAD �� Nj B(LKHEAD 6' I;:� I3� IM (z WOOD RAM WOOD PIER WOOD PIER I I I II�< WD. BULKHEAD Id' CONE. BULKHEAD' I �-12' CINC. BULKHEAD L1,L2,L3,L4 SEE DETAIL 31 SEE DETAIL AT RIGHT = I N I LOT 15 = I Area to MHW Line > I 0.35 Acres ± z O I LOT 17 z SECTION BLOCK B FIGURE LAND _Z B. Tg B LL Z r �j Ipi Y rn-94 I S 36'28'21' W 100.00- — U c� Q I HOLE IN E O M�7 m; R m CASTING Z 28'21' E�z, I��,� �e 0 _ 7 K/ CALLS ALONG MHW (MEAN HIGH WATER) LINE BEARING DISTANCE Li N 5S31'39" W L2 N 36'53'13" E 0.20' L3 N 51'4457" W 2.51' L4 N 36'4444" E 25.10' LS N 1S35'02" E 15.82' L6 N 2T44'05" E 14.35' N 2T21'06* E 21.95' LLIO N 52'00'48' E 25.12' N 30'50'51' E 0.18'S 5T31'39" E 6.98' MEAN HIGF I HEAN HIGH WATER LUTE At FACEIL BULKHEAD G' a ° BULKHEAD \BUL riN-TACK 10' BULKHEAD I as N \ L4 L2 i. 1 I( BI J y 112' SEE DETAIL AT RIGHT Coma IMP BILKILAD 12, COME, BULKHEAD o I o DETAIL @ D a i z Q S.W, CORNER OF N.E. I I e PL/MHW LINE PL I h LEGEND LOT 13 -- _— I -- PROPERTY LINE (PI-) CENTERLINE g SECTION 4 BLOCK B t1 RIGHT AY LINE FIGURE 8 ISLAND _ . —RIPARIAN - Ill 13 PG. 18 MN MEAN HIGH WATER $S vi ,IMP '. ELEV. 1.45 (NAVD I3RPOLD PLAT N 36M' E 110.00' aCH IZ� N-TACK O NEW TAIRON TACJ PIPE CK IN BULKHCAJI BCH O OLD CONCRETE MONUMENT;:' FIELD (OOP TO OCM) l�� + %b, SPOT ELEVATION (NAVD Bf BEACH ROAD El ELECTRIC METER M WATERSERVICE S. 40 6 7rl" 0 40 60' PRIVATE R/W pNO�( i. PA,',NI PU 'hnll i1Nl i—_ y — \ w .I.a 1 Sid I jLa 3 : 1��•WiPH, Rnav' 11 14 JPI4, I! � ^I 'l • �` 11i1p'�)r'li ►8 Z,i'141'il , � 1 � (, VD. KI, KIN All II IV .AI AC, / IA DIN 'r N'!•i; �m' ,Il ,;!ii k{I!AD L6 1 h'ILARPIAN i INI. PI 11 MA W;If!' PAR —1•--�� NiiN691Elk � if \� I U'n'P'AI) 1,noln i 1 1_, I .w Dil KM All -mHw DIP I," I,I(li'. (A KIN Al / h ir.(1 q ji UIIA,; ' M TACK CALLS ALONG NNW (WAN HIGH WATER)- INC dLN8N0 IASI ANCi 53.3,39 W M 104% 2 N 56W 13 1 I.i oP445/ w 751' 14 N 364 44 C 1.5 N t3'3502 f 1582` LG N 2T44 05 E 14 35` " 17 N 257106 E 2195` 4 L8_ N 52'0048 f 251' L9 30'S0 N h1 l ,,a S 5.i31 i9' f l 6.98: i D,IikIN.AU b SEE DETAIL i %D' I � L2� C01Sf[ Al ntl I UI RI(dl, _ �L /FF SL1 51 1All Ai k1G11, i 1?• L61n f 0I0 AIL r mA as Au LOT 15 1 �l /'I V? ( Area to MHW Line 0.35 Acres t / S in 1 v III' li -'1 i hdk ASI AND SLhi 8 is: AND 12 o n 01P d,P PIAI N 367871' I 118U0' o� z. m . I ` s w°I'e' I• w roo — s 3O"j9'48' a ila.D,' ,., G) <I ; a n` ILI D (Il1P 111 IH:N) o m c IN153 "' z 1�8'�r I < BEACH ROAD S. A_J60' PRIVATE R/W L4 } h� � AN iMI AD R. DETAIL IF SW, CORNER OF PL/MHW LINE 444111 N. F LEGEND •--- — —' rd,P'I R I Y l INt 0'1 ) KINII IN WAY .:�NItRI!N — -- • — — • — RIPARIAN N INN '4 .I AN III(i WA11 R t :n 1R% I'V. I4,' NAVU 9j9N Ci Mp 0 IV I, IntP4 P, OCM N-TM;K 0 N w n n v trot I A;I' r--- "-- p am 0 1 Ii N;INMI N" �7Gy{-e� ti IIi I.:I VA114 (NA.!) �L�C1Iwt �!L-1�J F&S Marine Contractors, lac. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, INC 28480 email: efly*msn,com O°iill1rj rn� I� RECEIVED DCM WILMINGTON, NCI RECEIVED JAN 0 6 2015 JAN 21 i +S PCM•MHD CITY Sftn.�lJ 3 q 0 yoJ�D 4 RECEIVED JAN 2 t 7015 F)t'.M-MHD CITY SAS Nz/ 11ddi'js a6 so �Ff %�i*MSoN i �il�kin�'7wJ P4YI! DCM WILMINGTON, NC JAN 0 6 2015 DCM Coordinator: km- tl Permit #• MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington c2nnNFOip l US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: NC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: Ralei land yjer Cru Renee Gledhill -Early or(environmental.review@ncdcr.gov) 'ane J. Williams ( ) Joey rite (WARD) en P at ti Fowler m Walto *oH6niessy (NC DOT) Anthony Scarborough Wilmington: Joanne Steenhuis — 401 a Cobum Lewis - Stormwater Wildlife Resources: is Dunn (WARO) LPO: Fax Distribution: Permitee Agent #:_ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 15, 2015 Cliff Benson 14 Kanawah Rd. Richmond, VA 23226 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS I I3A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, t/ A Douglas V. Hugge� Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.ncooastalmanagement.net An Equal Opportunity I Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: CliBenson /HLL Holdings, LLC COUNTY: New Hanover PROJECT NAME: Benson Dock Facility Expansion LOCATION OF PROJECT: IS Beach Road S., adjacent to the AIWW in Wilmington (Figure 8 Island) DATE APPLICATION RECEIVED COMPLETE BY FIELD:1-16-15 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: MacPherson DISTRICT MANAGER REVIEW: ,0.10 B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 1-21-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: cJ o r MAIL OUT DATE:1-16-15 FEDERAL DUE DATE: To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: 250 END OF NOTICE DATE: 2-11-15 DEED REC' : ON: I' 150 DAY DEADLINE: STATE DUE DATE: 2-11-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 1--Lt- is Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) 2-23-/3 Division of Water Resources (401) /5 ooq Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health - q_ is Division of Highways Wildlife Resources Commission Local Permit Office r-o1 b is - Division of Marine Fisheries / DCM Corps of Engineers QwS JAN2r M 'W'M Mr" NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 16, 2015 Division of Coastal Management MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office Donald R. van der Vaart Secretary RECEIVED JAN 2 1 2015 DOA STATE PROPERTY OFFICE FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Cliff Benson / NLL Holdings, LLC Project Location: 15 Beach Rd. S., adjacent to the AIWW in Wilmington (Figure 8 Island), New Hanover Co. Proposed Project: relocate and expand an existing docking facility REPLY: WIa� Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 11, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. is 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. North Carolina Pat McCrory Govemor NLL Holdings, LLC Mr. Cliff Benson 14 Kanawha Road Richmond VA 23226 Subject Property: Dear Mr. Benson, e�� IWWR Department of Environment and Natural Resources February 17, 2015 15 Beach Road South — Figure Eight Islland NO WRITTEN CONCURRENCE NEEDED Donald R. van der Vaart Secretary DWQ Project # 15-0075 New Hanover County You have our approval, in accordance with the attached conditions to relocate and expand an existing docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on January 20, 2015. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at httv://.portal.ncdenr.org/web/wg/sMy/ws/401/certsMdperinits. This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. - 1617 Mail Service Center, Raleigh, North Carolina 27699-1601 C,ONV Phone: 919-707-86001 Internet: www,nedenr.gov `�Fy An Equal opportunity \ Arfirmafive Action Employer- Made in pert by recycled paper ``e� 0 2 15 Beach Road South New Hanover County Al 2015-0075 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely Z-L Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3883 Certificate of Completion cc: Ed Flynn — F&S Marine Contractors, Inc., P.O. Box 868, Wrightsville Beach, NC 28480 Jonathan Howell — DCM Morehead City Robb Mairs — DCM WiRO Tyler Crumbley — USACE Wilmington Field Office 401 & Buffer Permitting Unit — FILE COPY WiRO RECEIVED FEB 2 8 103 Ni.AW.-4p0j." Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Comoletion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional RECEIVED FEB 2 8 1015 t,lb W'WIlJG bjw I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date AGOA NCDENR North Carolina Department of Environment and Pat McCrory Governor January 16, 2015 Natural Resource Donald R. van der Vaart Secretary f- f Jf Division of Coastal Management MEMORANDUM: r JAN g�' TO: Chad Coburn BY, 401 Wetlands DWR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Cliff Benson/ NLL Holdings, LLC Project Location: 15 Beach Rd. S., adjacent to the AIWW in Wilmington (Figure 8 Island), New Hanover Co. Proposed Project: relocate and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 11, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. l� C� / e GU�L �(/Y ( Z 1 C1 C� RECEIVED REPLY: V This agency has no objection to the project as proposed. FEB 2 a 2015 04awe•wino g" 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 \ i DATE 3 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanaoement.net (\ An Equal opportunity \ Af mnati" Action EmpoM 1\\ A19 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 16, 2015 Division of Coastal Management MEMORANDUM: TO: Anthony Law NC DOT New Hanover Co. DISTRICT 3 JAN 2 li 2915 RECEIVED Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Cliff Benson/ NLL Holdings, LLC Project Location: 15 Beach Rd. S., adjacent to the AIWW in Wilmington (Figure 8 Island), New Hanover Co. Proposed Project: relocate and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 11, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED a 4------ DATE 2 / -7, i ?-, RECEIVED N.C. Division of Coastal Management FEB 12 10b 127 Cardinal Drive Ext., Wilmington, INC 28405 9RMAAW" t3!tY Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastaimanagement.net An Equal opportunity 1 Affirmative Action Employer RECEIVED FEB 12 2015 DCM-MH9 CITY e�� NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 16, 2015 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Cliff Benson /NLL Holdings, LLC Project Location: 15 Beach Rd. S., adjacent to the AIWW in Wilmington (Figure 8 Island), New Hanover Co. Proposed Project: relocate and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 11, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. FEB 08 2015 ^This agency has no comment on the proposed project. Flqfy,-rrHDCrry 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 Z I �, I 117) N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910395-3964 Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer �r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 16, 2015 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO Donald R. van der Vaart Secretary ECjEIVE JAN 16 205 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Cliff Benson/ NLL Holdings, LLC Project Location: 15 Beach Rd. S., adjacent to the AIWW in Wilmington (Figure 8 Island), New Hanover Co. Proposed Project: relocate and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 11, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson all (910)796-7425 when appropriate, in depth comments with supporting data is requested REPLY: his 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 Dx z-2 20 RECEIVED JAN 297015 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Rqw--MnP PITY 1 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastaimanagement.net n1\ An Equal Opportunity 1 Affirmative Action Employer l- NC 'E R North Carolina Department of Environment and Natural Resource Pat McCrory Governor Donald R. van der Vaart Secretary January 16, 2015 @�oe�D Division of Coastal Management MEMORANDUM: JAN 16 2015 Division of 4Nater Resour TO: Heidi Cox WiRO - Public Water Supply Environmental Engineer Public Water Supply FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Cliff Benson / NLL Holdings, LLC Project Location: 15 Beach Rd. S., adjacent to the AIWW in Wilmington (Figure 8 Island), New Hanover Co. Proposed Project: relocate and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 11, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 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 klet 0 DATE 11(9 0h C RECEIVED JAN 88 711+; B'PM=MMA P!InY N.C. Division of Coastal Management 127 Cardinal Drive 6d., Wilmington, INC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.necoastalmanaaement.net An Equal Opportunity 1 Affinnalive Acton Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 16, 2015 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Cliff Benson/ NLL Holdings, LLC Project Location: 15 Beach Rd. S., adjacent to the AIWW in Wilmington (Figure 8 Island), New Hanover Co. Proposed Project: relocate and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 11, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 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 /aoZ IaD1 S RECEIVED JAN 2 8 2015 PQr'^°[e1Ho e11Y N.C. Division of Coastal Management (\ 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity � Affirmabve Acfion Employer ��4 RECEIVED JAN 2 1 � - r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 16, 2015 Division of Coastal Management MEMORANDUM: TO: Christine Bouffard LPO New Hanover Co. Donald R. van der Vaart Secretary RECEIVED JAN 26 7" DCM-MHD CITY FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Cliff Benson/ NLL Holdings, LLC Project Location: 15 Beach Rd. S., adjacent to the AIWW in Wilmington (Figure 8 Island), New Hanover Co. Proposed Project: relocate and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 11, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 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 / N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanagement.net \x\ An Eq4 Opportunity 1 Affirmative Acton Employer Pat McCrory Governor w r NCDENR North Carolina Department of Environment and Natural Resource C. t�.ai.2o 02— January 16, 2015 Division of Coastal Management MEMORANDUM: TO: Maria Dunn NCWRC WaRO / WiRO Donald R. van der Vaart Secretary -< JAN 2015 RECEIVED Habitat Con9e'rvatPon Program FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Cliff Benson/ III Holdings, LLC Project Location: 15 Beach Rd. S., adjacent to the AIWW in Wilmington (Figure 8 Island), New Hanover Co. Proposed Project: relocate and expand an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 11, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 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 k&; i 't DATE I - 22-z,3r5 RECEIVED N.C. Division of Coastal Management JAN 2 6 2015 127 Cardinal Drive Wilmington, NC 28405DCM-KAWH>~l4-Y Phone: 910-796-72151 FAX: 910-395-3539641ntemeC www.ncco.nccoastalmanaoement.net An Equal Opportunity � Affirmative Action Employer RECOMMENDATIONS FOR Cliff Benson January 16, 2015 The total area of floating dock and platform was calculated as follows: Shoreline length = 100 ft. x 8 ft. = 800 sq. ft. allowable Existing platform = 16 ft. by 8 ft. = 128 sq. ft. Existing floating dock = 46 ft. x 6 ft. = 276 sq. ft. Relocated finger pier = 20 ft. x 5 ft. = 100 sq. ft. Proposed boatlifts = 14 ft. x 14 ft. = 196 so. ft. x 2 = 392 so. ft. (not counted) Total = 504 sq. ft. The reconfiguration would continue to provide docking space for the total up to four (4) vessels at this location. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the'% width rule, the eight square foot rule and the pier width rule. The proposed structures would be located entirely over open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include the following conditions: This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 7. This permit authorizes a maximum of four (4) boat slips. At no time shall more than four (4) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. B. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. I A N 2 �C'S Howell, Jonathan From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Tuesday, April 14, 2015 10:50 AM To: efly@msn.com Cc: Howell, Jonathan; MacPherson, Tara; Coburn, Chad; Crumbley, Tyler SAW Subject: RE: SAW-2015-00341 / 15 Beach Rd South / Cliff Benson / Dock Reconfiguration / New Hanover Attachments: GP78-0056signed.pdf Dear Mr. Ed Flynn (Agent for Mr. Cliff Benson; NLL Holdings, L-C), Through coordination with the North Carolina Division of Coastal Management we have learned of your request to reconfigure an existing docking facility located at 15 Beach Road South, on Figure 8 Island, in Wilmington, New Hanover County, North Carolina. Coordinates: 34.2671475 N,-77.7476276 W. The project consists of relocating an existing floating finger dock and installation of two boatlifts within existing slips. Your project has been assigned the Action ID: SAW-2015-00341. Please reference this for any future correspondence. On January 1, 2011, we renewed general permit No. 197800056, (copy attached), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, and the attached general conditions. Please read the attached permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. All special conditions and all applicable general and regional conditions must be strictly adhered to in order for this authorization to remain valid. The expiration date of this permit is 31 December, 2016. This electronic copy is your official Department of the Army authorization; no paper copy will be mailed. Thank you. Tyler Crumbley Project Manager U.S Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumblev@usace.armv.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulato[y.usacesurvey.com/" DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Cliff Benson c/o Ed Flynn LOCATION OF PROJECT SITE: Site is located at 15 Beach Road South adjacent to Banks Channel and Middle Sound on Figure Eight Island, New Hanover County. Photo Index — 2006: 24-7407 K-9 2000: 24-312 M-17 1995: 24-293 O-7 State Plane Coordinates - X: 2378527 Y: 190637 GPS —O 011511A (uncorrected) Lat:34°16'02"N Long:77°44'50.90"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1/15/15 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received—1/6/15 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Bulkhead and existing docking facility. Planned- Reconfigure existing docking facility and install two boatlifts. (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) Non -Vegetated Wetlands (Open W Water) 492 sq. ft. (C) Other - Highground disturbance (D) Total Area Disturbed: 492 sq. ft. (0.01 acres) 1AN 21 1015 (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to relocate an existing finger pier and install 2 (two) boatlifts at an existing 4 (four) slip docking facility. 1 Cliff Benson Page 2 PROJECT DESCRIPTION The project site is located at 15 Beach Road South on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel approximately 0.25 miles south to the vacant project site which will be located on the right side of the road. Existing structures on the project site include a concrete driveway and private docking facility. The project site is approximately 0.35 acres in size, has an average elevation of approximately 6 ft. above Normal High Water (NHW) and is vegetated with domestic grasses. The project site has approximately 100 feet of shoreline frontage along Banks Channel. Located waterward of the bulkhead is an approximately 34 ft. wide band of coastal wetlands consisting primarily of Smooth Cordgrass (Spartina alterniflora), Black Needlerush (Juncus roemerianus), Sea Lavender (Limonium sp.), Glasswort (Salicornia sp.) and Salt Meadow Grass (Spartina patens). Normal High Water (NHW) is approximately 24 ft. waterward of the existing bulkhead. Extending in a westerly direction from the bulkhead towards Banks Channel is an existing private docking facility, which consists of an access pier measuring 45 ft. in length by 6 ft. in width that terminates in a T-head platform, measuring 8 ft. in length by 16 ft. in width. A ramp extends waterward from the platform to a floating dock measuring 46 ft. in length by 6 ft. in width running parallel to the shoreline. A floating dock measuring 20 ft. in length by 5 ft. in with extends into Banks Channel perpendicular to the shoreline from the westernmost end of the floating dock. The existing docking facility predates the CAMA. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to relocate an existing finger pier and install 2 (two) boatlifts at the existing 4 (four) slip docking facility. The existing flinger pier, measuring 20 ft. in length by 5 ft. in width, would be relocated to the easternmost end of the existing floating dock (see Sheet 2 of 4). A boat lift, measuring 14 ft. in length by 14 ft. in width would be installed immediately adjacent to the relocated finger pier outside of the original footprint of the docking facility. An additional boatlift, measuring 14 ft. in length by 14 ft. in width would be installed on the landward side of the existing floating dock, which parallels the shoreline, within an existing slip (See Sheets 1 and 2 of 4). The application states that the proposed new docking configuration, and boatlifts, would provide docking space for up to four (4) vessels within existing water depths ranging from approximately -2.0 ft. to -5.0 ft. at normal low water (NLW). 10. ANTICIPATED IMPACTS The proposed structure would incorporate approximately 492 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed structure would extend approximately 90' into a waterbody, which measures approximately 900' across. This distance would conform to both the 1/4 width rule and the established pier lengths. The proposed structures would not encroach into either adjacent 15' Riparian Corridor Setback Area. Minor increases in turbidity should be expected during construction. RECEIVED 1AN 21 1015 "oW_ n F) 61TY Submitted by: Tara MacPherson Date: January 16, 2015 Office: Wilmington 10 F & S Marine Contractors Inc. P. O Box 868 Wrightsville Beach, N.C. 28480 Phone/Fax 910-256-3062 5 Tan. 2015 NCDENR Wilmington, N.C. Capt. Ed Flynn Durwood Sykes email: ef/y#-Dmsn. com The enclosed CAMA Major Permit application for NU Holdings, LLC, c% Mr. Cliff Benson at 15 Beach Road South, Wilmington, N.C. 28411 is to perform renovations to the existing dock facility, relocate the floating finger dock to the north end and install two bootlifts within existing slips No additional boat slips are proposed and no expansion to the existing dock facility are proposed except for the boatlift additions This facility is for the applicants' family use. RECEIVED DCM WILMINGTON, NC JAN 0 6 2015 RECEIVED JAN 21 2015 pwae-wnMi "4 Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings�{�el !F!1-� E 1 � �� �� JAN 0 u 2915 PWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary January 16, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: CliBenson Major Public Notice Kyle & Heather: Please publish the attached Notice in the Wednesday, January 21, 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, Shaun K. Slmpso Permit & Customer Support Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM RECEIVED Tyler Crumbley - USACE Michele Walker- DCM JAIL A 1 10b Hi WA -"Poo'.;" N. C. Division of Coastal Management 127 Cardinal Drive Exl., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nocoastaimanagement.net 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 January 16, 2015, Cliff Benson I NLL Holdings, LLC proposed to relocate and expand an existing docking facility at 15 Beach Road S., adjacent to the AIWW, in Wilmington (Figure 8 Is.), New Hanover County. A copy of the application may be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910- 796-7425) 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 February 11, 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. RECEIVED JAN 21 Z015 Poo M1:'NAOM NMY. 1 MAJOR PERMIT FEE SCHEDULE Benson, Cliff (NLL Holdings, LLC / $250 / 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: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C. or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED JAN 21 2015 DCM-MHD CITY Gti DENR CA MA Daily Check Lop for WIRO Check From Nam Name ofParmb Homer Vendor Check Numbs Check amoum Permit Number/Commems RefundRea/locate/ 14 014 014 r12/11/2014 014 Sun Technologies _ _ ;Sandesp Sharma __ _ _ _ _ B of A _ - _ -6 tzdghtInc Kvin Thomas Fsat Crb*s Bank Holden book & Bulkheads IDon & Elizabeth Whitener iFrret CommunityBank 58ME USS Nartlf Carolina IBofA nerBax Donald Bean BBBT Builders JLEIAI 50731 $436 00 VI0014-11 D _ __ _ $200 00 GP 85089D 5200 00, GP 64061D _ 1805 5955 4728 540000 major fee,ilmu,NHCo014 Ons.014 75251 00 minor emD. 640 fee, NTBE85W 1Q$2 Dodssame, n, Holden Dock 8Bulkheads Dotlson, Baxter, Mauney Frtst CammunM/ Benk Holden S95B 600$50 $800.00 GP 84087D 840880, 65044D 200ea 014 Charles and Carol Wafters Gloria G. Smith BB&T - 7988I $200.00 GP 64085D 014 David Davis, Steven Davis, Janice Baldwin David Davis SunTrust 1596 $100.00 mina fee, 12D3 Ocean Blvd. TB, PNCo 12/1512014 The Village of Bald Head Islandsame PNC Bank 57246' _ $100.00 _ renewal fee, MP MAO, BrCo 12/172014 Stewart Engineering, Inc. Sea View Properties PNC Benk -_ 12179 $200.00 fees for mod & renewed, MP 141-07, NHCo 12/172014 Conaway Marina Construction, Inc David Wilson and Martin Coven __ _ ,B of A_ 6895 $200.00 GP 52465D I 12H72014 Oak Island A=mmodations Jay Motzinge _ BBBT 32781 $100.00 _ minor fee, 703 Caswell Bch BrCc 1 V1912014 Lighthouse Marine Construction I= _ _ Maxwell Foods LLC _ _ BOA 5194 $600.00 GP 65071 D 12/192014 Town of North Topsail Beach _ _ same First Citizens Bank 39043 $100.00 minor mod for MP 92-1 1 12/192014 F end S Marine Contractors Inc U05herbinln PNC Bank 4223 $200.00 reissue, GP 64D45D 12/192014 Western Union Money ONer, Brandon Grimes Brian Forehand (see 1/5/15 for add'I $400 MO) Wells Fargo Bank 17-135019817 $200.00 reissue, GP 64041 D 12/192014 Western Union Money Order, Branow Grimes Gail Wame" Wells Fargo Bank 17-135019618 $200.00 reissue, GP 63926D 12/192014 Atlantic Coast Industrial, LLC same BBBT 7451 $200.00 GP 65072D is reissue of 63951D 12/192014 Northern Riverhont Marina and Hotel. LLLP same PNC Bank 3818 $100.00 renewal fee, MP 44-07 _ 1?222014 Coastal Marine Piers Bulkheads LLC Shinn Creek Estates Wells Fargo 19946 $100.00 mod fee, MP 72-82 17222014 Clements Marine Construction Inc SmidVNHCo, YeetDnIPNCo, Thompson/PNCo First Citizens Bank 3873 $750.00 3 MP fees 250 each 12/22/2014 Coastal Urge LLC Jeff Nathan B of A 2283 $250.D0 major fee, NHCo 12232014 Mark U Wild-Ramsing & Dina Wild-Ramsing Chambers/Jacoby NC SECU 1 5323 $200.DD GP 12232014 W. Wayne Holden lWilbur and Cecil Holden, major permit Wachovia 2394 $100.DO renewed fee, MP 77-93 12/302014 Logan Marine LLC Portefs Neck Property Investments, LLC Coming Federal Credit Union 1144 $2D0.00 GP 65074D 17/312014 G . Construction of Brunswick Co Snc w, Mueller, and Stone BB&T 10045 $800.00 GP 65048D $2D0 GP 650470 @$200 GP 65MD $200 12/312014 HS Construction, LLC Kevin Pleas BBBT 1158 5200.00 GP 65049D 1I52015 Western Union Money Order, Brandon Grimes Brian Forehand (sea 12/19/14 for addl $200 MO) Welds Fargo Bank 17-135019896 $400.00 GP 52484D reissue of 84041 D 1/5/2015 Tho North Caroline Coastal Federation creme First Citizens Bank 15883 $475.00 MP Slump Sound Hab. Rest, One 1/82015 F anti S Manna Contractors In. Cliff BeneOn PNC Bank 4247 $250.00 MP fee, NHCo _ 'i _ __ F dr 5 Marine Contractors Inc. P.O Box 868 Capt. Ed Flynn Wrightsville Beach, N.C. 28480 Durwood Sykes Phone/Fox 910-256-3062 email:efly@msn.com ■ Complete items 1, 2, and 3. Alsdreomplete item 4 if Restricted Delivery is desired. Z. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressedtnto^:. /%�" � , f* / iL'�.+ r-4 P g 1�111?um, V r I6�U`Jw,t aIP� A. SignoNre ' Agent B. Rec4gW* rimed Name) I C.D t of Delivery D. Is delivery address dlwe6k from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. we Type Certified Mail® ❑ Priority Mall Express- [3 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 1200 0001 2826 9393 (transfer from service label) ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: a�n� l,✓h� 9)1 4W A. Signature RECEIVED ❑ Agent X i a y ❑ Addressee JAN 21 1111; eceived by (Printed Name) C. Date of Delivery pbfµl-dy,IgM 7.1+7, x,�r-J< -BAe1Z)1Y r-7-)s D. Is delivery address differera from Item 1? U Yes If YES, enter delivery address below: ❑ No 3. a ce Type Cerifled Mall° ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise gars / ❑Insured Mail ❑ Collect on Delivery 2epairs 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 1200 0001 2826 9409 (imnsfer from service label) _ __ _ - - I V E D PS Form 3811, July 2013 Domestic Return Receipt JAN 14 c015 JAN 1 4 2015 Pat McCrory Governor ®gin NCDENR North Carolina Department of Environment and Natural Resources N-C. Division of Coastal Management AGENT AUTHORIZATION FORM Date: Ot � d v ` ; "1 V John E Skvada, III Secretary Name of Property Own Applyin fi o�erm ' Name of Authorized Agent for this project: CbFF %>t'►ifem NGL l{e�n/,vGS� �l� rd IgIlAl / Owner's Mailing Address: /y k,1nayAc1 4cl Rtclr,roa VA' Z3ZZ/ Email: C bt�wwn 9 lie,, aG� Phone 0— l -) ( VOJ3 Agent's Mailing Address: v p[1 flIMMB trA1I9 h K284Si) Email: m� Phone 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 ne ssa to jpstall or construct the following (a ivity): . TIC-,��;�,�n .r s0 L�(%s�irl6 77 /fN� 1�i�01T7un of 1►✓v 24Glst For my property located at This certification is valid 1 year from (date) ,2,) L - X1 / Property Owner Signature Date 127 Cv" Dnve Ext , wilmmglon NC 28435 Wane 910-796-72151 FAX 9%395-3984 intemel *%o mcmlalmanagemenl nel RECEIVED JAN 21 1P's JAN 21 RECEIVED DCM WILMINGTON, NC an Egia QAD'I„'.} Ai-„�yr.y ,1�_✓j^�tf.�b�9 JAN 0 6 2915 Isla-0 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 llffft1111Rfff1ft11fttfffllff RRRN1N1f11f 1ff1111ff1NffffffffflNRltflff1f 11RN1ffIf RR1R1f1Rf RRlNflttttNfttt1f111f t1f Filed For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX: Recorder: 05/27/2014 03:15:41 PM RE 5816 Page: 612-614 2014013075 3 PGS $26.00 $4,300.00 CRESWELL,ANDREA State of North Carolina, County of New Hanover RECEIVED JAN 21 1^`5 PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. ppM-,�pn,,y" *2014013075* RECEIVED DCM WILMINGTON, NC 2014013075 JAN 0 6 2015 III I 140130 111111111111 II IIIII II! 20 FOR REGISTRATION REGISTER OF DEEDS TAWNY THEUSCH SEASLEY NEW WJOVER COUNTY. NC 2014 MAY 27 03:15:41 PM BK:5816 PG:612-614 FEE:$26.00 MC REV STAMP $4,300.00 IRSIVENI1 2014013E NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 4.300.00 Parcel Identifier No. R04609-001-008-000 Verified by County on the _ day of_, 20_ By: Mail/Box to: Eugene B. Davis. Jr.. P.C. Attorney at Law. 1612 Military Cutoff Road. Suite 301, Wilmington. NC 28403 This instrument was prepared by: Eugene B Davis. Jr. P.C. Attorney at Law. 1612 Military Cutoff Road, Suite 301. Brief description for the Index: LOT 15, BLK B, PH 4, Figure Eight Island Company THIS DEED made this 23rd day of May , 2014 , by and between GRANTOR HMH Beach Holdings, LLC, a North Carolina Limited Liability Company 2805 Lakeview Drive Raleigh, NC 27609 NLL Holdings, LLC, a Virginia Limited liability company 14 Kanawha Road Richmond, VA 23226 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, thew heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNESSEfH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Wilmington Township, New Hanover County, North Carolina and more particularly described as follows: Being known and designated as all of Lot 15, Block B, Section IV of the property of Figure Eight Island Company, as shown by map thereof recorded in Map Book 13, Page 12 of the New Hanover County Registry, reference to which is hereby made for a more particular description. RECEIVED Subject to restrictions of record applicable to the above property. 1AN 21 20S The property hereinabove described was acquired by Grantor by instrument recorded in Book 5327 page 707 PpM RrIrMr3 E1tF`X All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 13 page 12 Page, I of 2 NC Bar Association Farm No. 3 O 1976, Revised O 1977. 2002. 2013 This smudmd farm has been approvd by. Printed by Agreement with the NC Bar Association —1981 North Carolina Bet Assaciadoo —NC Bar Fain No 3 RECEIVED DCM WILMINGTON, NC JAN 0 6 2015 q TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances therem belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: ad valorem taxes for current and subsequent years; applicable zoning and land use ordinances, statutes and regulations; and applicable restrictive covenants and easements of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year fast above written. HMH Beech Holding. TIC N lien Limited Liability ty I nej By: Prim/Type Name & Ti • ark Khy,, Member By: Prinr/lype Name At Title: By: Print/rype Name & Tide: (SEAL) Primrrype Name: (SEAL) Print/Type Name: Prim/rype Print/Type State of - County or City of L the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this —day of 20_ My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of • County or Cry of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged thedue execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of 20_ My Commission Expires: (Affix Seal) Notary Public Notary's Printed or Typed Nam State of North Carolina-CoanryorCityof I,va-tw 1, the undersigned Notary Public of the County or City of lal Q_y-e_ and State aforesaid, certify that Mark Kehave personally came before me this day and acknowledged that _he is the Member of HMH Beach Holdings. LLC. a North , a North Carolina or cmpomtionAimited liability company/geseml partnenhip/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, ate sined the foregoing instrument in its Home on its behalf as its act and deed. Witness my hand and Notarial stomp or seal, this L day of A-La-ut_ , 201`F . .I_I` My Commission Expires: �-Wc It Qfl , a ai' Notary Public (Affix Seal) Notary's Printed or Typed Name AN 0 IfRksnNAA MEADOWS 1 Notary Public I'>CM-VR o Wake County. NC Pop 2at2 NC Bar Aswdotim Pam No. 3 O 1976. Revised 01977. 2002, 20t3 This stmdard form has been arp uwd by. Prialyd by Agreee i with the NC Bar AssaciaLim - 199 1 Numh Cmnaaa Bar Assaeusim-NC ear Farm No.3 DCM WILMINGTON, NC JAN 0 6 2015 NIMA 6 0 * NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 16, 2015 F & S Marine Contractors, Inc c/o Ed Flynn P.O. Box 868 Wrightsville Beach, INC 28480 Dear Mr. Flynn: The Division of Coastal Management hereby acknowledges that on January 6, 2015 we received your completed application, acting as agent for Cliff Benson, whereby you are requesting State approval for the development of property located at 15 Beach Road South, adjacent to Banks Channel, on Figure Eight Island near Wilmington in New Hanover County. The projected deadline for making a decision on your permit application is March 22, 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 January 6, 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tara MacPherson RECEIVED Field Representative JAN 21 7!"- cc: Jonathan Howell, DCM Ronnie Smith, USACOE RECEIVED Christine Bouffard, LPO JAN 21 1015 127 Cardinal Drive Ext., Wilmington, NC 28405 N, , wit* Phone: 910-796-72151FAX: 910-395-3964Internet: www.nocoastalmanagement.net DCA An Equal Opportunity 1 Affirmative AcWn Employer � w T I c ¢ U LN AMA PERMIT APPLIED FOR PROJECT:Al2plicant propose to relocate and and an ., adj - land), New Hanover County COMMENTS ACCEPTED THROUGH February 11, 2015 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: F&S Magine Co It One. NC Div. of Coastal Management actors, 127 Cardinal Dr. Extension PO Box 866 Wilmington, NC 28405 Tara Macpherson, Field Specialist 910-796-7425 For: Cliff Benson / NLL Holdings, LLC