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HomeMy WebLinkAbout102-15 Carolina American Properties LLCPermit Glass NEW Permit Number 102-15 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Carolina American Properties, LLC, PO Box 3342, Chapel Hill, NC 27514 Authorizing development in Onslow County at adi. to Stump Sound, 206 Singleton Street, Sneads Ferry , as requested in the permittee's application dated 6/11115 (MP-1) and 6/15/15 (MP-2 and MP-4), incl. attached workplan drawings (2), both dated 6/15/15. This permit, issued on October 8, 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 terms may be subject to tines, imprisonment or civil action; or may cause the permit to, be null and void. Docking Facility 1) This permit authorizes only the reconstructed finger pier, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this reconstructed 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 reconstructed docking facility. Any sewage discharge at the reconstructed 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 farther 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 DEQ and the Chairman of the Coastal Resources Commission. Braxto C avis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Carolina American Properties, LLC Permit No. 102-15 Page 2 of 4 ADDITIONAL CONDITIONS 3) 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. 4) 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. 5) 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. 6) This permit authorizes 2 formalized boatslips in association with this docking facility and upland basin. Bulkhead Repair 7) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the bulkhead. 8) The bulkhead shall be constructed prior to any backfilling activities. 9) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 10) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 11) . All backfill material shall be clean and free of any pollutants except in trace quantities. Excavation 12) In order to protect juvenile fmfish resources, no excavation shall be permitted between April 1 and September 30 of any year without prior approval of the North Carolina Division of Coastal Management in consultation with appropriate resource agencies. 13) Excavation shall not exceed -3 feet below the normal water level. In no case shall the depth of excavation exceed the depth of the connecting waters. 14) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding - waters outside of the alignment of the fill area indicated on the workplan drawing(s). 15) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. Carolina American Properties, LLC ADDITIONAL CONDITIONS Spoil Disposal Permit No. 102-15 Page 3 of 4 16) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 17) No spoil material shall be placed within 30 feet of the normal high water line. 18) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 19) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 21) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 22) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 calendar days of project completion. Maintenance Clause 23) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 24) 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. Carolina American Properties, LLC ADDITIONAL CONDITIONS Permit No. 102-15 Page 4 of 4 25) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized outside of the areas indicated on the plans. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, , approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWQ Project No. 15-0699. NOTE: The U.S: Army Corps of Engineers authorized the proposed project byway of Nationwide Permits 3 & 35 (Action ID No. SAW-20.15-00588 which was issued on 8/28/15. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. gem Mr-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Carolina American Properties, Llc Carolina American Applicant 1: First Name MI Last Name Henry W. Branson, III Applicant 2: First Name MI Last Name N/A N/A N/A if additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State N/A 3342 Chapel Hill NC ZIP Country Phone No. FAX No. 27514 USA 919 - 656 - 0711 ext. N/A - Street Address (6 different from above) City State ZIP N/A N/A N/A N/A - Email hapltd@hotmail.com 2. Agent/Contractor Information Business Name Charles F. Riggs & Associates, Inc. Agent/ Contractor 1: First Name MI Last Name Charles F. Riggs Agent/ Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box City State N/A 1570 Jacksonville NC ZIP Phone No. 1 Phone No. 2 28541 910 - 455 - 0877 ext. 21 N/A - ext. FAX No. Contractor # N/A N/A RECEIVED Street Address (d different fmm above) City State ZIP 502 New Bridge Street Jacksonville NC ®io 28540- JUL 08 Email charles.dggs@bizec.rr.com <Form continues on back> DCM RECEIVED TON, NC JUN 16 2015 252-808.2808 :: 1-888.4RCOAST :: www. nccoastalma nagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Onslow 206 Singleton Street N/A Subdivision Name city State Zip Chadwick Acres Sneads Ferry NC 28460 - Phone No. Lot No. (a) (d many, attach additional page with list) 910-455-0877 ext. Lotl,Block B, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Stump Sound - AIW W 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 Stump Sound - 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. Onslow County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 247' 8495 Sq. Ft. C. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4.4' ®NHW or ❑NWL e. Vegetation on tract Grass f. Man-made features and uses now on tract Bulkhead along the normal high water line of the Lot adjacent to canal and Stump Sound. Lot is vacant. g. Identify and describe the existing land uses adiaoent to the proposed project site. Residential duplex to the north and east, Stump Sound to the south and canal and Stump Sound to the west. Vacant lot across canal to the west. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-10 (Attach zoning compliance certificate, H applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No RECEIVE k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA ii II In 8 2 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? <Form continues on next page> RECEIVED DCM WILMINGTON, NC JUN 1 6 2015 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement. net Form DCM MP-1 (Page 3 of 4) m. (i) Are there wetlands on the site? (u) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation. if available) n. Describe existing wastewater treatment facilities. Lot to be served by Pluris, private sewer company o. Describe existing drinking water supply source. Lot to be served by Onslow Water and Sewer Authority p. Describe existing storm water management or treatment systems. —r None APPLICATION for Major Development Permit []Yes ONO ❑Yes ®No ❑Yes ®No 5. Acflv►des and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Dredging of the existing boat slip area wilt allow the proper use of this area for boat dockage. 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. Bucket and barge for removal of spoil or long -arm excavator or dragline to remove spoil and place within silt -fence area for dewatering prior to spreading over lot. If silt fence is not deemed sufficient to handle spoil then contractor to construct shallow basin in the same area as silt fence spoil site and construct bermed containment area for spoil. d. List all development activities you propose. Development of spoil area and dredging of existing boat slip area.Upon conclusion of dredging and dewatering of spoil, spreading of spoil over lot and grassing of lot. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 1809 NSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Any discharges would be stohnwater and sheet flow throughout the property. ?r( F till ir, i. Will wastewater or stornwater be discharged into a wetland? ❑Yes ONO ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ❑NA ). Is there any mitigation proposed? []Yes NNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> DCM WILMINGTON, NC JUN 1 7 2015 V=D 2015 � Salu. 2 5 2 - 8 0 8 - 2 8 0 8 ., 1.888.411ZCOAST .. www.nccoastalmanagement_net T` ou.jlT`t5 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit & 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 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 Eddie R. Creech and wife, Emily Creech Phone No. Address 5777 Farmstead Road, Bailey, NC 27807 Name Gregory G. Manning and Susan S. Manning Phone No. Address 238 Dickens Road, Broadway, NC 27505 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. None 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. 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. 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 11, 2015 Print Name Charles F.Riggs, Authorr5V/pergt //-? RECEIVED Signature Please indicate application attachments pertaining to your proposed ®DCM MP-2 Excavation and Fill Information ❑C ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information JUL 0 8 Zab and Culverts RECEIVED DCM WILMINGTON, NC JUN 17 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-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 fdl activities. All values should be given in feet. Length I — Width Avg. Existing Depth Final Project Depth Access I Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization NA NA 50' NA NA NA NA NA NA 38.9' NA NA NA NA NA NA -0.9' NA NA NA NA NA NA -3.0' NA NA NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 118 Cubic yards C. (i) Does the area to be excavated include coastal wetlandsanarsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. SCW 2231 ❑SAV ❑SB ❑WL _ ❑None III) Describe the purpose of the excavation in these areas: To provide suitable depth for the existing boatstips 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Adjacent to Boat slips on uplands on property c. (i) Do you claim title to disposal area? SYes ❑No DNA (i) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑cW ❑SAV ❑SB ❑WL SNone III) Describe the purpose of disposal in these areas: NA ❑This section not applicable b. Type of material to be excavated. sand d. High -ground excavation in cubic yards. 0 DCM WILMINGTON, NC JUN 1 7 2015 ❑This section not applicable b. Dimensions of disposal area. 12.Vx103.1'x7.1'x38.0'x30.5'x51.9 d. (I) Will a disposal area be available for future maintenance? SYes []No DNA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes SNo DNA (I) If yes, how much water area is affected? DCM WILMINGTON, NC JUN 17 2015 RECEIVED Jul OR 7015 252-808-2808 :: 1.868-4RCOAST :: www.nccoavtalmanagement.ndt relined: l2/28I08 %-, o+.1nMs Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑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. Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has then: 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 wetlands/marsh (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 erosion controlled? Silt fence and/or benned shallow basin 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. 06/15/15 Date Carolina American Project Name submerged aquatic vegetation (SAV), shell bottom (85), 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: b. What type of construction equipment will be used (e.g., dragline, backhce, or hydraulic dredge)? excavator or dragline 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. RECEIVED Carolina American Properties, LLC Applicant DCM WILMINGTON, NC JUN 1 7 2015 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 12/26/06 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 ❑PubliclGovemment ®Private/Community, ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number N/A If yes: (iii) Length N/A (ii) Number 1 (iv) Width N/A (iii) Length 29.5' (v) Floating ❑Yes []No (iv) Width 3_8' (v) Floating ❑Yea ®No e. (i) Are Platforms included? []Yes ®No f. (i) Are Boatlifts included? ❑Yes ®No If yes: If yes: (ii) Number NIA (ii) Number N/A (iii) Length NIA (iii) Length N/A (iv) Width N/A (iv) Width N/A (v) Floating ❑Yes []No Note: Roofed areas are calculated from dripllne dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. N/A ❑ 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: 2 ❑ 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 Types ❑Open water; no dredging required ❑Other; please describe: RECEIVED JUL 0 6 2015 Fri-pr -Ww t 'I]1( k Typical boat length: 32' I. (1) Will the facility be open to the general public? ❑Yes ®No m. (1) Will the facility have tie pilings? RECEIVED ❑Yes ®No DCM WILMINGTON, NC (ii) If yes number of tie pilings? JUN 17 2015 252-808-2808 :: t-888-4RCOA5T :: www.nccoastaimananement.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. 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? k. Describe design measures that promote boat basin flushing? RECEIVED 0 8 IOI; I. If this project is an expansion of an existing marina, what types of services are currently provided? jyL m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No RECEIVED DCM WILMINGTON, NC JUN 1 7 2015 252-808-2808 :: 1-888-4RCOAST :: www.nc_coastalmanagement.net revised: 12/27/06 Form D.CM MP-4 (Structures, Page 3 of 4) 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 (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 []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublictGovernment ❑Private/Community, (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripfine dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) 0This section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 0This 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 ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) JU6 o a 7n15 'vIV RECEIVED DCM WILMINGTON, NC JUN 17 2015 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaim_a_n4gement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximty of structure(s) to adjacent riparian property lines Existing Boat Slips rest 4' from northern 15' riparian corridor Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 65' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA III) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. Existing Boat Slips rest 37' from boat slips to the north and 65 'from an existing bulkhead to the west d. Water depth at waterward end of structure at NLW or NWL 2' 8. OTHER ❑This section not applicable a. Give complete description: Carolina American Properties, LLC proposes to dredge the existing boat slip area so the slips will be suitable for use.Upon completion of the dredging and stablization of the property Carolina American Properties, LLC may possibly construct either a single family dwelling or townhouses. 06/15/15 Date Carolina American Project Name Carolina American Properties, LLC RECEIVED JUL 0 8 2M iA-k lwm, kJ1:v RECEIVED DCM WILMINGTON, NC JUN 1 7 2015 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalma_nagement.net revised: 12/27/06 NUNITY SKETCH xm I ro IlME doS rorK INMFNIE IEIWTt NY M2 MI! RLt1, BA9M N m L ft IEM . NA KA xwYK L01I Iu1FA - ¢V MAW La) US NNN - AILNIM IxINACOMTAL NAI MY w _ Lg1rRw CL1d FA _ [" (F(ipM ".N p Rx lE x xG1Rtt N M Nwq) - Exmxc wd PO) (i D) m ca - wmxc IRO. Rw.r (F pW - Ensn«c uA4n-E xIL (Nxmox mI Maw) vx - mrnxc sutDn-rxd xEl (PxNO) 1RDL Mx+n) 1 RR - vsnnc I.N. 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BOX 1570 1213 MUIRETH DRIVE STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NORTH CARO�UNYA JACKSONWLIE, NC 26455-5 1570 MWINGTON, NC 28X05 CAROLINA AMERICAN PROPERTIES, LLC, OWNER, D.B. 4185, E, C E I V E D TELEPHONE (910) mn ..^- -^ �,_- - TELEPHONE: (910) 681-7w 206 SINGLETON STREET JUN 1 7 2015 s M ( D1 FEET) 1 inch - 30 N. ACTUAL FEUD SMYEY DATE MARCH 1& 2015 MAPPING OATS DUNE 15. 2015 DRAWN BY: .l. Nil. M5 CHECKED BY: G.F. 2IGG5 FIELD BOOK: 572 PAGE: 1 OF BL MOIL FAX NOI WATT lME NOIX. TK BAp(Ap AL FIRING �� R11C811p1 �� r r BesMM JA eIu¢ -Sr 10 mr.W , eE DrwvAnn PBIC Wm FNsw eul0rA0 . Fxmxa Rxm1 Nm ze' FASiM B win[ /6YY �L1J u roiK -vV NG d9L YM05 m -14 RFSL BE fYCAVAhn l4VTfH MEII.V®5) M L0111MTA IlE T WI MTNIML FASTNC eIAYJ1FAD. IXtFPi 1x TE BML 9D MFA AR 910e1L SEAL L-2981 HARLES F. RIGGS(f/ASSOCIATES, INC.(c-73o) LAND SURVEYING — CONVENTIONAL A' GLOBAL POSITIONING SYSTENS, LAND PLANNING G COMPUTER AOIPPINC 502 NEW BRIDGE STREET LANDFALL EREMBVE SUITE 217 P.O. BOX 1570 1213 CUIBMTH DRIVE UACKSONMLLE NC 26540-1570 W1lMINGTON, NC 28 TELEPHONE: (910) 4Y 08n TELEPHONE: (910) 681-74M 10 0 5 N m w ( IN FEET ) BOUNDARY h TOPOGRAPHIC SURVEY 11DOL - 10 R. FOR CAROUNA "ERICAN PROPERTIES, LOT 1, BLOCK B, CHADWICK ACRES, M.B. 22. P. 233 STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NORTH CAROLINA CAROUNA AMERICAN PROPERTIES. LLC. OWNER, D.B. 4186, P. 542 206 SINGLETON STREET 7 7 ACTUAL nl L SURVEY DATE MMG11 It M15 iW MAPPING DATE DUNE 15. =5 DRAWN BY: .I. NFLMS CREPFED BY: C.F. KICKS REND BOON: Bn PAGE: 1 J U N 1 7 2015 OF NC CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Charles F. Riggs, P.L.S. L-2981 Corporate License (C-730) James A. Lewis, P.L.S. L-4562 502 New Bridge Street 502 New Bridge Street Landfall Executive Suite 217 Jacksonville, North Carolina 28540 P.O. Box 1570 1213 Culbreth Drive (910) 455-0877 Jacksonville, North Carolina 28541 Wilmington, North Carolina 28405 charles.riggs@bizec.rr.com (910) 455-0877 (910) 681-7444 Narrative for Carolina American Properties, LLC Mr. Henry W. Branson, III of Carolina American Properties, LLC has title to Lot 1, Block B, Chadwick Acres as recorded in Deed Book 4186, Page 542 and as illustrated in Map Book 22, Page 233 of the Onslow County Registry. This property is presently zoned R-10 by Onslow County. This zoning would allow the construction of either a single family dwelling or a duplex/townhome. Sewer and water for this property would be provided by Pluris and the Onslow Water and Sewer Authority, respectively. This property adjoins an existing canal to the west and Stump Sound and the Atlantic Intracoastal Waterway to the south. This property has 247'feet of shoreline adjoining both the canal and Stump Sound with a bulkhead along its entire length. This property does rest within the White Oak River Basin and also rest within Outstanding Resource Waters. There exists two boat slips adjacent to the canal separated by a finger pier. The bottom elevation of the boat slips is -0.9 feet with the bottom elevation of the existing canal having an elevation of -3.5 feet. This canal bottom elevation is consistent along the canal south to the Atlantic Intracoastal Waterway. These elevations are based on NAVD88 with the Mean Low Water elevation being 0.0'. Mr. Branson is requesting to dredge his existing boat slip area so he would be able to fully utilize the boat slips. He requests to lower the boat slip area to an elevation of -3.0 feet. This excavation totals 118 cubic yards of spoil. This excavation would be performed by either bucket and barge or long arm excavator with the spoil being placed in a contained area on the property for dewatering prior to being spread over the lot and grassed. This spoil site is 20' x 100' and would have an average height of approximately 1.6 feet. It is understood the height of the spoil site in the center would be higher and would slope down to silt fence on all sides. If it is deemed silt fence is not sufficient to handle this spoil, a shallow basin will be constructed, in the same location as shown on the plan, with a berm around the perimeter and silt fence at the toe of the berm. Again, upon completion of the dredging and dewatering of the spoil, the spoil would be spread across the lot and grassed. This request should not include either a stormwater permit or an erosion control permit. This activity would commence immediately upon receipt of the Major CAMA Permit. RECEIVED JUL 0 8 2015 RECEIVED DCM WILMINGTON, NC JUN 17 2015 A I b� •i 5 �ICC& R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary September 8, 2015 Carolina American Properties, LLC Mr. Henry Branson, III PO Box 3342 Chapel Hill, NC 28514 Dear Mr. Branson: This letter is with reference to your application for a Coastal Area Management Act Major Development to undertake development activities on your property adjacent to the AIW W in Stump Sound, at 206 Singleton Street, in Sneads Ferry, Onslow County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A- 122(c) which would make November 23, 2015, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7424 or e-mail (heather.coats @ncdenr.gov). Sincerely, AA"U,,L CO Heather Coats Assistant Major Permits Coordinator cc: Charles F. Riggs & Associates Doug Huggett Wilmington Files 1601 Mail Service Center, Raleigh, North Carolina 27699.1601 Phone: 919-707.8600 \ Internet: www.ncdenr.gov An Equal Opportunity \AXinnative Acfion Employer— Made In pan by recycled paper 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 8, 2015 Carolina American Properties, LLC Mr. Henry Branson, III PO Box 3342 Chapel Hill, NC 28514 Dear Mr. Branson: Donald R. van der Vaart Secretary This letter is with reference to your application for a Coastal Area Management Act Major Development to undertake development activities on your property adjacent to the AIW W in Stump Sound, at 206 Singleton Street, in Sneads Ferry, Onslow County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A- 122(c) which would make November 23, 2015, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7424 or e-mail (heather.coats@ncdenr.gov). Sincerely, . A'A"U't 6&-,Za Heather Coats Assistant Major Permits Coordinator cc: Charles F. Riggs & Associates Doug Huggett Wilmington Files 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 \ Internet: www.nodenr.gov An Equal Opportunity \ AKrmative Action Employer- Made In pad by recycled paper DCM Coordinator: 4 • WAi-� Permit #: 1 O 2- 6 MAILING DISTRIBUTION SHEET J DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washin torn, gto US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly ar Cultural Resources: Public Water Supply: jai a it iams (V1 O) Joey­Wtife(WARO) DCM/ Shane Staples Fisheries Specialist fT!ar NC DOT: ace DMF/ Patti Fowler Shellfish Sanitation: n e ' s State Property: a to Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: cziiStee ms — Chad Coburn - 401 DEMLR Washington: Scott Vinson-Stormwater Wilmington: eorget a-SC&17-� Wildlife Resources: LPO: Fax Distribution: Permitee Agent #:_ North Carolina Department of Environmental Quality Pat McCrory Governor October 12, 2015 Carolina American Properties, LLC P.O. Box 3342 Chapel Hill, N.C. 27514 Dear Sir or Madam: Donald R. van der Vaart Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Hugge� Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal epportunity VAffrmative Action Employer — Made in part by recycled paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Carolina American Properties, LLC 2. LOCATION OF PROJECT SITE: The property is located at 206 Singleton Street, adjacent to a man-made canal and the AIW W, in Sneads Ferry, Onslow County. Photo Index - 2006: 28-6495, 0-13 2000: 28-388, N-13 1995: 28-376, 0-24 State Plane Coordinates - X: 86865 Y: 191565 GPS File: S-062911A Lat: 34°30'51.42"N Long:77°23'10.28"W INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/29/15 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — Completed on 6/26/15 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Onslow County Classification From LUP-AEC areas are classified Conservation and Resource Protection. (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Private Planned -None (F) Type of Structures: Existing — Existing boat basin with finger pier. Shoreline is stabilized by bulkhead. Planned — Bulkhead repair (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 331 sq. ft. (B) Non -Vegetated Wetlands - open water 1,750 sq. ft. (C) Other (Highground) 1,809 sq. ft. (D) Total Area Disturbed: 3,890 sq. ft. (dredge and spoil deposition) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to maintenance excavate Coastal Wetlands within an existing boat basin and repair the existing bulkhead. RECEIVED JUL 0 81015 Carolina American Properties, LLC Page 2 9. PROJECT DESCRIPTION: The project site is located at 206 Singleton Road, adjacent to the Chadwick Acres canal and the AIW W, in Sneads Ferry, Onslow County. To get to the site from the Wilmington Regional Office, take US Hwy 17 N to Old Folkston Road in Holly Ridge (approximately 30 miles) and turn right. Continue approximately 6 miles along Old Folkstone Road (crossing through at the intersection of Old Folkstone and NC Hwy 210) and turn right onto Chadwick Acres Road. Travel approximately 1.5 miles and turn right onto Singleton Road. Continue along Singleton Road and the subject property will be located at the far end of the road, on the right hand side. The lot is approximately 8,495 sq. ft. and existing man-made features on the property include a bulkhead and single fixed finger pier located in an existing boat basin. The high ground portion is elevated approximately 4 feet above Normal High Water (NHW). Vegetation on the tract consists of lawn grasses, ornamental trees, shrubs, Coastal and "404" type wetlands are present within the existing boat basin. Under-story/scrub vegetation also exists in the basin and consists of Yaupon (Ilex vomitorial and Wax Myrtle (Mvrica cerifera). Coastal Wetlands species found on or adjacent to the property include: Sea Lavender (Limonium. spp.), Glasswort Salicornia spp) and Smooth Cordgrass marsh (Soartina altemiflora). The applicant has approximately 247' of total shoreline along the AIW W and Chadwick Acres canal. The existing basin located along the southern shoreline, and all of Chadwick Acres canal, was dredged/created in 1982 under CAMA Major Permit No. 90-82 (Marlow Bostic was permitte). Since that time, the canal has been maintenance dredged, with the most recent event occurring during the early part of 2000. The waters of Stump Sound, adjacent to the project site, are classified as SA by the North Carolina Division of Water Quality. They ARE designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to maintenance excavate an area of open water and Coastal Wetlands within an existing boat basin. In addition, the applicant is proposing to repair the existing bulkhead along the southern/western shoreline. The applicant is proposing to excavate the existing 30 feet wide by 40 feet long boat basin from the head of the basin, out toward the center of the existing canal. The proposed excavation would include an area of Coastal Wetlands (located within the boat basin) that spans the entire width of the basin and extend approximately 10 feet from the rear wall (bulkhead) out towards the canal. Approximately 331 square feet of Coastal Wetlands, nearly all of which is located below Normal High Water (NHW), would be removed from the site. Coastal Wetland vegetation impacted as a result of the proposed project primarily includes Salt Marsh Cordgrass (Spartina alterni,/lora). The applicant is proposing to excavate the existing basin to a final depth of -3.0 feet at Normal Low Water (NLW), or approximately 118 cubic yards. Current water depths average approximately -0.9 feet at NLW, within the basin and taper to -3.0 feet along the edge of the adjacent channel. The applicant is proposing to place the spoil material on the property, approximately 30 feet landward of NHW. The proposed spoil disposal site would be located along the northeastern side of the property and would measure approximately 12-35 feet in width by 105 feet in length. The applicant is proposing to retain the excavated material onsite with silt fence and once dewatered, proposes to utilize the spoil material as topsoil. In addition, the applicant is proposing to repair the entire length of bulkhead as necessary. 10. ANTICIPATED E%IPACTS As proposed, the planned development would incorporate approximately 1,750 sq. ft. of Public Trust Waters and shallow bottom area. In addition, approximately 331 sq. ft. of Coastal Wetlands would be excavated as a result of the project. No plans or alterations to the existing finger pier are proposed at this time. Short term increases in turbidity could be expected due to the dredging activities. RECEIVED JUL Q 6 2015 Submitted by: J. Dail Date: July 2, 2015 Office: Wilmington vet k'! 1 ;Jr I � 03/09/2015 �,!jAvtlqs�j "Wr: ---ON l000 mmo~ NC c_ ;EIVED MINGTON, NC 17 2015 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Carolina American Properties, LLC COUNTY: Onlsow PROJECT NAME: Carolina American Docking Facility LOCATION OF PROJECT: 206 Singleton St, adjacent to a man-made canal /AIWW, in Sneads Ferry DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-26-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW:/— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 7-&15 ✓ ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: � C) 75 DAY DEADLINE: Ci Ig 15' MAIL OUT DATE: 7-6-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 14 1"�b END OF NOTICE DATE: 7-29-15 -if1 DEED REC'D: *Its ON: ' /119)1S— 150 DAY DEADLINE: 11 T�3 IS STATE DUE DATE: 7-29-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 7 �j Coastal Management - LUP Consistency Division of Community Assistance 13,115 Land Quality Section (DEMLR) //Z V�5 Division of Water Resources (401) °i�tf �s t/ ondiit'7^f Storm Water Management (DEMLR) r/ (�X State Property Office 9124 ✓ Division of Archives & History Division of Environmental Health Z �% 1 RECEIVED Division of Highways JUL 0 B MS Wildlife Resources Commission I Local Permit Office Division of Marine Fisheries / DCM 2 v(5 _ tVtPr Corps of Engineers ��/� tq w P 3 Acf ro Shuv-2� s Pw5 a�(d1J 6-t-1h ✓Q(✓ 07 //(1///5 Recommendations for State Permit — Carolina American Properties, Lie The applicant's proposal to maintenance excavate Coastal Wetlands within an existing boat basin is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, and Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas. It is the staffs recommendation that the proposal to excavate Coastal is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands which states "suitable land uses shall be those consistent with the management objective in this Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere." The applicant's proposal to excavate approximately 331 square feet of Coastal Wetlands within a man-made basin should conform to this standard. The Coastal Wetland excavation is necessary to maintain the existing use within the private man-made boat basin. Based on these factors, it is recommended that a permit be issued to authorize the maintenance excavation of Coastal Wetlands within an existing boat basin. Any permit issued should include the following conditions: 1. In order to protect juvenile shrimp/finfish/shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2. Excavation will not exceed -3.0 feet below the normal low/normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill -over of solids into any marsh or surrounding waters. 5. The spoil material will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 6. The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 7. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 8. 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. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (910)796-7215 prior to commencement of any such activity for this determination. RECEIVED jut 0 8 lob k,,t 1 M, 2 kip", I iVJ To: Doug Huggett From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Carolina American Properties, LLC, Sneads Ferry, Onslow County Date: February 5, 2015 Consistency Determination: This project appears to be consistent with the Onslow County Comprehensive Land Use Plan Update. The applicant proposes to maintenance excavate Coastal Wetlands within an existing boat basin and repair the existing bulkhead. The project is located at 206 Singleton Street, adjacent to a manmade canal in Sneads Ferry, Onslow County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, PT, CW and EW. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Onslow County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection and Conservation. In general, Onslow County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Onslow County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Onslow County Land Use Plan Update Cc: File M+te_ NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary July6, 2015R�D'J I� MEMORANDUM: „� M♦L 2015 M RECEIVED TO: Maria Dunn NCWRC �� For WiRO 9�S�b�FZZZ�2� 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: Carolina American Properties, LLC Project Location: 206 Singleton Street, adjacent to a man-made canal /AIWW, in Sneads Ferry Proposed Project: maintenance excavation of Coastal Wetlands within an existing boat basin and repairs to an existing bulkhead 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 29, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED kA.). DATE '1-15-2o15- N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.n=astaimanagement.net RECEIVED JUL 17105 An Equal Opportunity 1 AlFrmapve Action Employer � North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Program DATE: July 15, 2015 SUBJECT: CAMA Dredge/Fill Permit Application for Carolina American Properties, LLC, Onslow County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 206 Singleton Street, adjacent a manmade canal / AIW W within Stumps Sound in Sneads Ferry, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A- 100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to perform maintenance excavation within an existing boat basin and repair an existing bulkhead. The basin was dug in 1982 and has been maintained, most recently in early 2000. A 331 f area of coastal wetlands has formed within this basin and is requested to be excavated. Final water depths are proposed to be -3' NLW. Stump Sound at this location is classified SA by the Environmental Management Commission and is designated a primary nursery area (PNA) by the NC Division of Marine Fisheries. The NCWRC has reviewed the permit application and does not object to permit issuance as along as the dimensions of excavation are within the original permitted footprint. We support any moratoria or other construction methods recommended by the marine fishery resource specialist to minimize elevated turbidity levels within the PNA during project implementation. We appreciate the opportunity to review and comment on this permit application. If you need RECEIVED further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunrigncwildl ife.org JUL 17 2015 PM" -wawa citw Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 A4 +f,-- Fill NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor July 6, 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: Carolina American Properties, LLC Project Location: 206 Singleton Street adjacent to a man-made canal /AIWW, in ,Sneads Ferry Proposed Project: maintenance excavation of Coastal Wetlands within an existing boat basin and repairs to an existing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggett at the address above by July 29 201.5; tf you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDDATE 7�Zq/fs N.C. Division of Coastal Management JUL 0 8 2015 127 Cardinal Drive Exl., Wilmington, NC 28405 Phone: 91d-796-72151 FAX:910-395-3964 Internet: wwnccoastalmanaeemenl.nel n n i VlG��,'�;f� w. ni An Equal Opportunity IAHrmath a Action Employer w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Doug Huggett, DCM Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Carolina American Properties LLC (Sneads Ferry) DATE: 7/29/2015 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 perform maintenance dredging within a man-made canal and repair an existing bulkhead. The spoil will be placed upland on the property to be used as topsoil. Adjacent waters and habitat are classified as Primary Nursery Area (PNA), able to support shellfish (SA), coastal wetlands (CW) are present, and the waters are closed to shellfish harvest by the NC Division of Marine Fisheries Shellfish Sanitation Section. 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. Coastal wetlands are a productive detritus based system that trap nutrients and sediment, aid in shoreline erosion control, dissipate wave and storm action, and provide a barrier to flood damage. In addition coastal wetlands are important to waterfowl feeding and nesting activities, and numerous estuarine dependent species such as shrimp, flounder, oysters, crabs, and menhaden. Approximately 331ft2 of coastal wetlands are proposed to be dredged. The coastal wetlands are contained in an existing boating facility within a man-made canal, and though located within a PNA, there is documentation of past dredging. Therefore, DCM recommends a moratorium on in water work, to include dredging, from 1 April to 30 September. This moratorium reduces the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. The 118ydsa of spoil is proposed to be deposited on the upland portion of the property and used as topsoil. There is some concern to the proximity of the spoil site and the CAMA 30 foot buffer. As the spoil dewaters, sediment and pollutants from the upland areas have the potential to enter the sensitive PNA habitat. The resuspension of sediment can create an increase in turbidity that larvae, juveniles, and especially filter feeding species, can be acutely susceptible. An increase in suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and other sessile fauna and flora. Pollutants from upland sources can cause localized mortality, habitat degradation, and in eutrophic systems, an increase in nutrients can result in algal blooms and hypoxia. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601, Phone: 919-707-86001Internet: www.ncdenr.gov An Equal Oppodunily 1 Alliimalive Action Employer- Made in pan by recycled paper Therefore it Is recommended that a basin be dug beyond the CAMA buffer with an earthen berm around the perimeter, with silt fencing installed at the toe of the basin. This will allow dewatering to occur through the upland soil and reduce the potential for sediment and pollutants from upland areas to enter the system. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or gregg.bodnar@ncdenr.go with further questions or concerns. 1<A x4k NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor July 6,2015 RECEIVED MEMORANDUM: JUL 0 9 2015 TO: Tim Walton DOA STATE PROPERTY Dept of Administration OFFICE State Property Office 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: Carolina American Properties, LLC Project Location: 206 Singleton Street, adjacent to a man-made canal 1 AIWW, in Sneads Ferry Proposed Project: maintenance excavation of Coastal Wetlands within an existing boat basin and repairs to an existing bulkhead 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 29, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: 141 This agency has no objection to the project as proposed. QXc ��°pa3Y his agency has no comment on the proposed project. ff��jja C" �I This agency approves of the project only if the recommended changes e ` are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED Lti DATE N.C. ivision of Coastal Management 12 rd al Drive Ext., Wilmington, NC 28405 RECEIVED one: 910-796-72151 X: 910-395-3964 Internet: www nccoastalmananement.net AUG241015 NU t IAK An Equal Opportunity 1 Affirmative Action Employer RECEIVED AUG 2 4106 W4#.W w NCDENR North°Carolina;Department.ofEnvironmenf•.and Natural:Resource, Pat McCrory Governor July 6, 2015 MEMORANDUM:. TO: Mark,Zeigler VV RO Division of. CommunitMssistance Donald:R. v_ander Vaart' Secretary FROM: Doug•Huggett, NC DENR-DCM Major.Permits Coordinator 400,Commerce.Avenue, Morehead City, NC 28557 Fax:,252-247-3330 (Courier 1.142-49) SUBJECT: cAMA / Dredge & Fill Permit Application Review Applicant: ` Carolina American Properties, L'LC Project, Location: 206 Sr'ngleton'6treet, adjacent to a.man-made canal A°1WW, in Sneads Ferry Proposed Project: maintenance excavation of Coastal Wetlands within an existing•boat basin and repairs to an. existing'buikhead: 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 29,, 2015. Jf you have any questions regarding the, proposed project, contact Jasontbail at_(91b)7967221 when appropriate, in depth - - .conme ints with supporting data.is tequested'. '- REPLY:. This agency has no objection to the project as proposed. This agencyhas no, comment on the proposed project. This agency approves,of the proJect,only, if the recommended, changes are r i n corpo rated:: 'See;attached: This agencyobjects,to the projecffor reasons. d"escribed-in the.attachedipomments. SIGNED DATE N.C. Division of coastal Management 127 Cardinal Drive Exi ,NVilmingtorl28405 Phone: 910r796-72151'FAX: 910-395-3964'lnterneti www nccoastalmanagement.net. M Equal eppotlwily l Affrmalive Action Employer i Pat McCrory Governor July 6, 2015 MEMORANDUM TO: SUBJECT: Applicant: Project Location: Proposed Project: NCDENR North Carolina Department of Environment and Natural Resource Diane Williams Environmental Engineer Public Water Supply JUL 0 6 2015 Division or vino . Pub/c areee OUrceys 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 Carolina American Properties, LLC 206 Singleton Street, adjacent to a man-made canal /AIWW, in Sneads Ferry maintenance excavation of Coastal Wetlands within an existing boat basin and repairs to an existing bulkhead 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 29, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: N 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 1 � -) \ , , RECEIVED � N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.ncooastalmanaaement.net JUL 14 10h Nf+M' rQA4 An Equal Opportunity t Afirrnatim kcion Employer Apt +PZ. NCDEE R North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary July 6, 2015�VE MEMORANDUM: t JUG 0 6 2015 L+Y._TO: Dan Sams 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: Carolina American Properties, LLC Project Location: 206 Singleton Street, adjacent to a man-made canal /AIWW, in Sneads Ferry Proposed Project: maintenance excavation of Coastal Wetlands within an existing boat basin and repairs to an existing bulkhead 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 29, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. `\-\3- ao\5 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanaaement.net RECEIVED JUL 21 2015 An Equal Opportunity 1 Affirmative Action Employer Alt HZ_ Pat McCrory Governor July 6, 2015 MEMORANDUM TO: SUBJECT: Applicant: Project Location: Proposed Project: gg NCDENR North CECEI t of Environment and Natural JUL 0 6 2015 BY:------ Georgette Scott Stormwater Section DEMLR - WiRO Resource 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 Carolina American Properties, LLC 206 Singleton Street, adjacent to a man-made canal /AIWW, in Sneads Ferry maintenance excavation of Coastal Wetlands within an existing boat basin and repairs to an existing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggett at the address above by July 29, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE lD Z 1 N.C. Division of Coastal Management RECEIVED 127 Cardinal Ddve Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastaimanaaement.net JUL 21 2015 An Equal Opportunity I Affirmative Action Employer k'Z"*M V k uM r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 13, 2015 Mr. Henry Branson, III Carolina American Properties, LLC P.O. Box 3342 Chapel Hill, NC 27514 Subject: EXEMPTION Stormwater Project No. SW8 150714 Carolina American Maintenance Excavation Onslow County Dear Mr. Branson: 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 July 6, 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. Sincer ly, or Tracy E. vis, P.E., or Division of Energy, Mineral, and Land Resources GDS/arl: G:0Q1SharedlStormwaterlPermits & Projects12015 \150714 Exemption12015 07 permit 150714 RECEIVED cc: Charles F. Riggs & Associates, Inc. Onslow County Building Inspections JUL 21 1015 Jason Dail/Shaun Simpson-DCM/WIRO+wMwwura Doug Huggett/ DCM 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://Dortal.ncdenr.orolwebllr/ A31'24. NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary July 6, 2015 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section 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: Carolina American Properties, LLC Project Location: 206 Singleton Street, adjacent to a man-made canal /AIWW, in Sneads Ferry Proposed Project: maintenance excavation of Coastal Wetlands within an existing boat basin and repairs to an existing bulkhead 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 29, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: SIGNED This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. f'or loottr f'Dt✓jN" DATE %/ 711 � �EOEVE� N.C. Division of Coastal Management46 10s 127 Cardinal Drive EA, Wilmington, NC 28405 2 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Pat McCrory Governor July 6, 2015 MEMORANDUM: _. _. . _ _ M tt - rA NCDENR ..... North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary ,1 TO: Renee GledhilkEarly Dept. of Cultural Resources Archives & History N_ 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: Carolina American Properties, LLC Project Location: 206 Singleton Street„ adjacent to a man-made canal /AIWW, in Sheads Ferry Proposed Project: maintenance excavation of Coastal Wetlands within an,existing boat basin and repairs to an existing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hugmeti at the address above by July 29,.2015. If you have•any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting'data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described. in the attached comments. SIGNED �`� � tl YY DATE 77 • go ' l� N.G. DV, 'an ," aslal Management -127 Cardinal brive-ExL, "A-Almington, r'Z 28105 Phone: .91(1.-790-72151 FAX: 91 0-395-3954. lnternetr ,e^ny n=asralrnanNement neI JUL 1 0 701" Huggett, Doug From: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, August 11, 2015 9:39 AM To: Huggett, Doug; Dail, Jason; Steenhuis, Joanne Subject: FW: Carolina American Properties Branson Onslow (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Correction: The Corps Action ID is SAW-2015-01588 -----Original Message ----- From: Hair, Sarah E SAW Sent: Monday, August 10, 2015 4:22 PM To: 'Doug.Huggett@ncdenr.gov'; 'Dail, Jason'; 'Steenhuis, Joanne' Subject: Carolina American Properties Branson Onslow (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE 111 I'm not sure if Tyler was in touch about this one. He was working on it and then realized it is in Onslow County. We intend to process this project as a NWP 3 for maintenance for the bulkhead, and a NWP 35 for maintenance dredging of existing basins. The project has been assigned the Corps Action ID: SAW-2015-00588. Please let me know if you have any questions. Thanks! Liz Hair Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 phone: 910-251-4049 email: sarah.e.hair(musace.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://regulatory.usacesurvey.com/" Classification: UNCLASSIFIED Pat McCrory Governor AriA NCDENR North Carolina Department of Environment and Natural Resources September 3, 2015 Donald R. van der Vaart Secretary DWR Project # 20150699 Carolina American Properties, LLC THIS IS N%^J%, ow County Attn: Henry W. Branson, III Box Chapel A CAMA PERMIT Chapel Hill, NC 25147 Subject Property: 206 Singleton Street, Sneads ferry Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Branson: You have our approval, in accordance with the attached conditions and those listed below to conduct maintenance dredging on the existing boat basin and repair the existing bulkhead as described in your CAMA application dated July 6, 2015, and received by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on July 6, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certifications Number 3883 (GC 3883) and 3894 (GC 3894). These Certifications allow you to use the Nation Wide Permit # 3 (NW 3) and Nation Wide Permit # 35 (NW 35) permits when Issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct Impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .05021. RECEIVED ncM WILMINGTON, NC 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 S"EP 0 4 2015 —' ww _ Phone: 910-796-7215\Internet: www.ncderi r. An Equal Oppodunily 1 Affirmarye Action Employer - Made in pan by recycled paper Carolina American Properfles, LLC Attm,Henry W. Branson, III DWR,Permt#20150699 September3, 2015 Page 7of 4" 2. Any;final construction plans for this project must include q,r:reference the application and plans -approved bythe Division.under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all.relative impacts are accounted for and;shown on the:construction plans. [15A NCAC 021-1._0.502 (b)..and i5A NCAC 02H .0506 (4)1 The applicaP.nt shall require his contractors (and%or agents) to comply with all of the terms — of this: Certification,:and shall provide each ofits contractors (and/or agents) a copy of this Certification. Turbidity Standard The turbid itystandardof25.NTUs (Nephelometrc"Turbidity lJHits) shall not be exceeded as, :described in15 A NCAC. 28..0221. Appropriate sediment and erosion control practices mustbe ,used to meet this "standard. Turbidity curtains'shall'be used as appropriate, Please notify this Office If any turbidity Issues .Prise-at91P.796.7215 4. This;General`Certification shall expire on the same,dayas the expi"rationdate of the corresponding; GeneralPermit. The conditions in effect on the_date of issuance of the; Certification, for aspecific projectcshall remain in effect'for the life;oftne project, regardless of the expiration of this: Certification., S. The.permitee shall require its contractors and/oragents.to comply with the terms of thistpeimit in the -construction and,maintenance,of this project, and shall provide -each of its,contra'ctoYscand/or' agents, associated with the, construction_ Or maintenancelof this project a copy of this certification. A'copy,"of this certification ,fricluding all"conditions.shall be available�at'ihe project site during the construction and:maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC'02H .0506 ab)(2),and'(c)(2)1 6. .Continuing Compliance: The applicant/permitee.and heir authorized agents shall conduct allactivities in a manner consistent.with State water.guality standar"ds (including any requirements resulting'from compliance with:3.03(8)"of the Clean Water -Act), and any other appropriate requirements'of State and Federal law, ;If the Division -determines ihat such standards.or laws are not being met including'failure to sustain adesignated or achieved use, or that State or Federal lawlsbeing violated, or that further, conditions are`:necessaryto assure compliance,'than the Division may, reevaluate.and.modify thisGeneral:Water Quality Certification. [15A NCAC 02H 0507(d)] All mechanized equipment-operated.near surface waters .or wetlands will be. regularly inspected and maintained to prevent contamination of Waters and wetlandsfrom fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the eyent,of a hydrocarbonror chemical spill, the permitee/contractor shall immediately"contactthe Divisionof Water Quality,, between the hours of Sam to 5. pm at theWilmingtoirf Re'gional.Office at910.796.7215 a4d after'hbumand on.weekends. ,call ,(800) 858-0368 Management of'such spillsshall comply withprovisions ofthe North.Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H :0506 (b)(3)and (c)(3),'15A" NCAC 02B .02M(3)(f), and GS.143 Article 21A). Carolina'Amerlcan Properties, LLC 'Attm'HenryW.Branson, III DwR Permit 20150699 September.3, 2015 Page 3 of 4 8. Fueling,, lubrication and general equipment maintenance_ should not take place within 50 feet of a waterbody orwetlarids to-prevent,contaminat'ion by'fuel and oils. [15A NCAC 02H :0506 (b)(3) and (c)(3)°and 15A NCAC 02B .0200 (3)(f)]. 9. 'This certification grants permission to the director, an authorized re, presentative of:the,Director, or DENR staff, upon the,presentetion of proper credentials, to enter the property during normal ,business hours 15A NCAC 02H.0502(e). 10. Primary Nursery Area Pleasemriderstand that the waters around your project area have been identified by the Division:of Marine, Fisheries as Primary Nursery Area (PNA).. Should the need,for dredging beyond the proposed project area arise,in theJuture, please be aware,that new dredging.within a PNA is: not allowedvnder 15A NCAC-02B..0221 and is q degradation of water quality standards andAherefore considered'a water quality violation. [15A.NCAC 02B .0221] 11. Upon completion ofall work approved within the 401: Water Quality Certification or applicable Buffer Rules, and any subsequent modifications; the applicant and/orauthoriied agent is required to. return a completed certificate of completion form to the NCDENR DWR 461 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh,_ NC, 27699 within ten,,days of project completion. The certification of completion is available at: 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 shalbexpire upon expiration.ofthe404 or'CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided inArticles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings"(hereby known as CIAH)'. A petition form may be:obtained from the.OAH'.athttp://WwW.fico6h.com/ or by calling the OAH Clerk's; Ciffice at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice,'a petition -must be filed with the OAH. A petition, is considered filed when the original'and one (1) copy" along,with any applicable CAH filing fee is'received in the CAH during normal office h"ours (Monday through Friday between 8:00 am and 5:00 pm; excluding official state.holidays). The petition; may be faxed to the OAH at (919) 431-8100,'provided the original, and, one copy, of the petition along.with•any applicable OAH filing fee is received by the OAH'within.five (5) business days following the faxed.teansmission. Carolin Am&rWjh Properties, LLC Attn: Henry W. Brans-ft III DwR PVMit # 20150696 Sepiernber% idi5 Page 4'of 4 Mailing address for the'CAH; Ifsending via U.S.PosPIServic-e: Office of AcirninistratiO Hearings 6714 Mail Service Center enter Raleigh, NC 27655,6714 If'sending via delivery.service, (UPS, FedEx, I ete). Ciffice of Aclniinistrative;Hearings 1-711 New Fiope'Church Road Raleigh, NC 27609-6285 Cirie`(l) copy of the petition must also be served to DE - NR:' Sann.M. Hayes, Gener.11:,Counsol De ' pqrtme ' nt-of environment - :and Natural Resources 1601 Mail Service --.Center Raleigh, NC:27699-1601 This letterc reviewof. ' ompletes-the:revieof the DiVisibin.of Water Resources under Sdction,401 of the Clean Water Act. If you have any questions, please telephone Jennifer RUMOI:6]n the Central Ciffice in Raleigh at 9,1 9.867 6304 or , jennlfer: urd'eit6Oncdenr.p6vi6anne'Steenhuis in the MR Wilmington Regional 6ffice at 510.796-67306.orJbanne.5teenhdis@ncdenr.gov,. Water Resources, NCDENR Enclosures:GC A883 GC3894 cc: Charles F., RiggsCharles F. Riggs.& Associates, Inc.- electronicxopy, 6z.ftr - QSACE Wilmington Regulatory Field Office — electronlc-cdpy, Jason Dall —'DC'MMilmingilton — plectronic,ccipy Jennifer''16urclette =Wetlancls and buffer Unit Heather Coats- DCM Wilmington —electronic copy -WiRO r Huggett, Doug From: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> Sent: Monday, August 10, 2015 4:22 PM To: Huggett, Doug; Dail, Jason; Steenhuis, Joanne Subject: Carolina American Properties Branson Onslow (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE I'm not sure if Tyler was in touch about this one. He was working on it and then realized it is in Onslow County. We intend to process this project as a NWP 3 for maintenance for the bulkhead, and a NWP 35 for maintenance dredging of existing basins. The project has been assigned the Corps Action ID: SAW-2015-00588. Please let me know if you have any questions. Thanks! Liz Hair Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 phone: 910-251-4049 email: sarah.e.hair@usace.army.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: htto://regulatory.usacesurvey.com Classification: UNCLASSIFIED Caveats: NONE /VL t.IL— U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-01588 County: Onslow U.S.G.S. Quad: GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Henry Branson, III Carolina American Properties, LLC Address: P.O. Box 3342 Chapel Hill, NC 27514 Size (acres) 0.28 acre Nearest Waterway Onslow Bav USGS HUC 03020302 Nearest Town Sneads Ferry River Basin New River Coordinates Latitude:34.514282 Longitude:-77.386134 Location description: The project site is located on a 0.28-acre parcel, at 206 Singleton Street, in Sneads Ferry, Onslow County, NC. (PIN: 428819621161) Description of projects area and activity: TO PERFORM MAINTENANCE EXCAVATION OF COASTAL WETLANDS WITHIN AN EXISTING BOAT BASIN AND REPAIRS TO AN EXISTING BULKHEAD. SDecificatIv. this permit authorizes the removal of 331 square feet of coastal wetlands and 1,750 sauare feet of shallow bottom habitat (for a total of 118 cubic vards to -3') within the existing marina basin which is located in oven waters, within an existing boat basin, which has been historically excavated and maintained. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number. 3/35 SEE ATTACHED RGP or IVWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated June 15, 2015, received by this office on July 10, 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. It; prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended; revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit; will remain authorized provided the activity is completed within twelvemonths of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at 910-251-4049 or Sarah.E.Hair 2ilusace armv.mil. HAIR.SARAH.E " 1. Corps Regulatory Official: Liz Hair A.105469351,2nr Date: August 28, 2015 RECEIVED Expiration Date of Verification: March 18, 2017 SEP 0 I loll Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued August 28, 2015. Action ID: SAW-2015-01588. Basis For Determination: The project site exhibits wetland criteria as described in the 1987 Corps of Engineers Wetland Delineation Manual and appropriate Regional Supplement. The wetlands onsite are coastal wetlands and are subject to the ebb and flow of the tide. Open waters onsite are adjacent to the AIW W. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attu: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1 OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by October 27, 2015. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** "I ysiI by HAIR.SARAH.E "AIR 1ARAHEA.10546 3512 Corps Regulatory Official: -n D,u-PKIGoo.-UM, ` Us,o� US .. n=NNP$MA..1.5W3513 r. Nbe:MI5D 14:1P.II MVP Date of JD: August 28, 2015 Expiration Date of JD: August 28, 2020 90 It, el'�1. Grr. The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our customer Satisfaction Survey online at htto://regulatorv.usacesurvey com/. Copy furnished: Agent: Mr. Charles F. Riggs Charles F. Riggs & Associates, Inc. P.O. Box 1570 Jacksonville, NC 28541 Mr. Doug Huggett, Major Permit Coordinator NC DCM 400 Commerce Avenue Morehead City, NC 28557 Mr. Jason Dail -NC DCM (e-copy) Ms. Joanne Steenhuis, NC DWR (e-copy) RECEIVED � � eqo SAW-2015-01588 SPECIAL CONDITIONS 1) In order to protect juvenile finfish and shrimp, no excavation or filling activities will be permitted between the dates of April 1 to September 30 of any year. 2) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws. og v/nc- es/mammal/manatee euidelines.pdf. 3) All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4G0 -P 0`���a" %sy „w�,r c'O United States Department of the Interior FISH AND WRDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, Norlh Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 etseq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113.of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that gFCENED SEP 0 21015 ,� a ...JN,�.e, there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its awn volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 9191856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. 976, �ccr,�:Fo SEP 0 2 't�15 Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. vi.1 0 Als 3.31003b NATIONWIDE PERMIT 3 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project or within the boundaries of the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays. (b) This NWP also authorizes the removal of accumulated sediments and debris in the vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) and/or the placement of new or additional riprap to protect the structure. The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when. the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. The placement of new or additional riprap must be the minimum necessary to protect the structure or to ensure the safety of the structure. Any bank stabilization measures not directly associated with the structure will require a separate authorization from the district engineer. (c) This NWP also authorizes temporary structures, fills, and work necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in RECEIVED SEP 0 2 ps t�,uAu,y 4,04x their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities.authorized by paragraph (b) of this NWP, the permittee must submit a pre -construction notification to the district engineer prior to commencing the activity (see general condition 31). The pre -construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Sections 10 and 404) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act Section 404(f) exemption for maintenance. 2 NATIONWIDE PERMIT 35 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Maintenance Dredging of Existing Basins. Excavation and removal of accumulated sediment for maintenance of existing marina basins, access channels to marinas or boat slips, and boat slips to previously authorized depths or controlling depths for ingress/egress, whichever is less, provided the dredged material is deposited at an area that has no waters of the United States site and proper siltation controls are used. (Section 10) RECEIVED SEP 0 2 2015 OCM-Ake dux NATIONWIDE PERMIT CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. RECENED SEP 1015 At,4AMV v�ru 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre -construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre -construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 11. Eauinment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity -specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Proiect. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. . 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed.activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). RECENED SEP 0 2 NK �a,ur+r; Q:lr 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal.permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre -construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non - Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - construction notification. In cases where the non -Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species -specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. RECEIVED SEP 0 2 2015 DCAO-M ; �°M" (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages, at http://www.fws.gov/ or bgp://www.fws.gov/ipac and http://www.noaa.gov/fisheries.htmi respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic ProRerties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre -construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the . National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non -Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA RECEIVED SEP 0 21015 section 106 consultation is required and will occur, the district engineer will notify the non - Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPOMIPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previwsly unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or,if the Site is eligible for listing in the National Register of Historic Places. 22. Desi>mated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. RECEIVED SEP 0 2 PIS 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that exceed 1/10-acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project -specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre -construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). , (4) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of RECEIVED SEP 0 2 2015 the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (1) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but.the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee-responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non -Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. pECEIVED SEP 0 2 2015 (jCAPAlNy �lµ 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: RECEIVED SEP 0 2 208 �.Mroy ay.v` (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity -specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either; (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; RECEIVED SEP 0 2 20b 10 (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWT activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non -Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non -Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Treservation Act. (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. RECEIVED SEP 0 21015 �PF /11W•'v11 J (2) For all NWP activities that require pre -construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre -construction notification, the district engineer will immediately provide (e.g., via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site -specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre -construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terns and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental�effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre -construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre -construction notifications to expedite agency coordination. D. District Engineer's Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project, this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the RECEIVED SEP 0 2 206 12 �yy,aw��ry vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case -specific special conditions to the NWP authorization to address site -specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10- acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terns and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any activity -specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terns and conditions of the NWP, including any activity -specific conditions added to the NWP authorization by the district engineer. 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (a) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period, with activity -specific 5EP 0 2 2015 13 conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. DEFINITIONS Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term "discharge" means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource f metion(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence RECEIVED 14 SEP U 2 25 teN _-m-1 vry of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm.• Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non -linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance,. but are still reasonably foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non -tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or aec��veo SEP 0 21016 C�Ar.W�N�, r�lw 15 flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre -construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction notification may be voluntarily submitted in cases where pre -construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize Pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through 16 RECEIVED SEP 0 2 Y015 which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point.of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term "single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non -linear proiect: For non -linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner%developer or partnership or other association of owners/developers. A single and complete non -linear project must have independent utility (see definition of "independent utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more, than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent 17 gECENE9 SEP 0 210b �.Y-1WN�i� ✓IlW mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(l), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbodv: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or neighboring — to a waterbody determined to be a water of the United States under 33 CFR 328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands. RECEIVED 18 SEP 0 2 7A E--CAA-MW& fur. Final Regional Conditions 2012 NOTICE AB0UT WEB LINKS IN THIS DOCUMENT.• The web links (both internal to our District and any external links to collaborating agencies) in this document are valid at the time ofpublication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re -direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the regulatory home page (wetlands and stream permits) of the Wilmington District Corps of Engineers, to the "Permits" section of our web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2012 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP's during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps. 1.2 Trout Waters Moratorium Waters of the United States in the twenty-five designated trout counties of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the NMFS. 19 RECEIVED SEP 0 2 V6 P Nra 01µ 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWP's. These waters are: 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within Waters of the U.S. that require a Pre -Construction Notification pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below, applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to Federally Endangered Species and the following website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for applicants which provides guidelines on how to review linked websites and maps in order to fulfill NWP general condition 18 requirements: htta://www.saw.usace.army.mil/wetlands/ESA Applicants who do not have internet access may contact the appropriate US Fish and Wildlife Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633: US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Asheville US Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Raleigh US Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. RECEIVED 20 SEP 0 2 2015 2.2 Special Designation Waters Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). The North Carolina waters and contiguous wetlands that require additional notification requirements are: "Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the North Carolina Environmental Management Commission; "Inland Primary Nursery Areas" (IPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina Environmental Management Commission; or "Primary Nursery Areas" (PNA) as designated by the North Carolina Marine Fisheries Commission. 2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern Non-federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office — 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office — 2407 West Sth Street, Washington, NC 27889). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31 (PCN). The latest version ofNCWAM is located on the NC DWQ web site at: hU://portal.ncdenr.org/web/wq/sM/ws/udu/ncwam . 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the US, including wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty- five (25) designated trout counties of North Carolina, the applicant shall comply with Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the notification to the appropriate NCWRC office to facilitate the determination of any potential 21 RECEIVED SEP U 210$ impacts to designated Trout Waters. Notification to the Corps of Engineers will include a statement with the name of the NCWRC biologist contacted, the date of the notification, the location of work, a delineation of wetlands, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 20830 Great Smoky Mtn. Expressway Ashe Mitchell Wilkes Waynesville, NC 28786 Avery Stokes Telephone: 828 452-2546 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: 828 452-2546 Graham Madison Transylvania Fax: 828 452-7772 Haywood McDowell Yancey 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Perennial Stream Bed NWPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of perennial, intermittent or ephemeral stream, unless the District Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a case -by -case basis and he determines that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. *NOTE: Applicants should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: ham://www.saw.usace.army.mil/wetlands/permits/nwp/nmT2012 (see "Quick. Links") aEGF�vED 0210b SY 22 C)ewo� .. 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of perennial and/or ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses less than 150 linear feet, that require a PCN, the District Commander may determine, on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet. Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification requirements. If a NWP has specific notification requirements, the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact with the water in or entering into waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the US when it is no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied: 3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. 3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 23 RECEIVED SEP 0 2 20 r�r4 3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional condition would result in greater adverse impacts to the aquatic environment. 3.6 Safe Passage Requirements for Culvert Placement For all NWPs that involve the construction/installation of culverts, measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert should be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gage data, if available. In the absence of such data, bankfull flow can be used as a comparable level. In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams appearing as blue lines on United States Geological Survey (USGS) 7.5-minute quadrangle maps. Circular Culvert 12 Inches r Invert Rise (Diameter) In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain the existing channel slope. The bottom of the culvert must be placed at a RECEIVED 24 SEP 0 2 206 pC�P NYY+H ✓Hx depth below the natural stream bottom to provide for passage during drought or low flow conditions. Culverts are to be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested in writing. The waiver will be issued if it can be demonstrated that the proposal would result in the least impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States. Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried. 3.7 Notification to NCDENR Shellfish Sanitation Section Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued by the permitted. 3.8 Preservation of Submerged Aquatic Vegetation Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP within any of the twenty coastal counties defined by North Carolina's Coastal Area Management Act of 1974 (CAMA). 3.9 Sedimentation and Erosion Control Structures and Measures 3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the US. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. �ECE�vE� 25 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP #35 — Maintenance Dredging of Existing Basins 4.1.1. No excavation of special aquatic sites, such as submerged aquatic vegetation (SAV) areas and wetlands, is permitted. RECEIVED !SEP 0 2 7015 KI DENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor July 7, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for Carolina American Properties / Onlsow Co. Donald R. van der Vaart Secretary Kyle & Heather: Please publish the attached Notice in the Saturday, July 11, 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 Management, 127 Cardinal Drive Extension, Wilmington, (number on file with Elsa Lawrence, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. to Shaun Simpson at the NC Divison of Coastal NC 28405, 910-796-7226. Paying by Credit Card Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permitting Support & Customer Assi ance Division of Coastal Management Doug Huggett - MHC DCM Tyler Crumbley - USACE RECEIVED Michele Walker- DCM JUL 0 81015 wbw•uunti�� N.C. Division of Coastal Management 127 Cardinal Drive Ed., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www,nocoastaimanagement.net An Equal Opportunity 1 Af ar4we Acton 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. On June 26, 2015, Carolina American Properties, LLC proposed to perform maintenance excavation within an existing boat basin and repair an existing bulkhead at 206 Singleton St., adjacent to a man-made canal and the AIWW, in Sneads Ferry, Onslow County,A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to August 1, 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. NOTI(01*17j CAMA PERMIT APPLIED FOR PROJECT: Applicant proposes perform maintenance excavation of Coastal Wetland's within- an exis inp boat n _ TSt. adri-a—cent to the AIWW in NoM i opsaff Eseac slow CA J County. COMMENTS ACCEPTED THROUGH August 11. 2015 APPLICANT: Hill,Chapel Agent: Charles F. Riggs & Associates FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �t NC Div. of Coastal Management 127 Cardinal Dr. Ext. WMImington, NC 28405 Jason Dail, Field Representative 910-796-7221 DocuSign Envelope ID: 2646FB60-FC52-441 E-ACDB-3EOOBBDD9396 LIT h �ICENN North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary AGENT AUTHORIZATION FORM Date: 05/21/15 Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: _Carolina American Properties, LLC Owner's Mailing Address: PO Box 3342 Chapel Hill, NC 27514 Email: _hapltd@hotmail.com Phone 9( 191 656-0711 _Charles F. Riggs, P.L.S. Agent's Mailing Address: _Charles F. Riggs, P.L.S. _P.O. Box _Jacksonville, N.C. 28540. Email: charles.riggs@bizec.rr.com Phone ( 910) 455-0877 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): _Dredging the existing bulkheaded boatslip area and portion of the canal adjacent to Lot 1, Block B, Chadwick Acres, Map Book 22, Page 233, Onslow County Registry lying north of the Atlantic Intracoastal Waterway For my property located at _206 Singleton Street, Sneads Ferry, North Carolina This certification is valid 1 year from (date) _05/21/15 3muSlaned by: 5/22/2015 ,F,.`ccnFaso nnz Property Owner Signature Date N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net RECEIVED JUL 0 8 201r 000- dma+A-riLX r-i``GEIVED -)CNI WILMINGTON, NC An Equal Opportunity \ ARnnanie Action Employer J U N 17 2015 Charles F. Riggs, P.L.S. L-2981 502 New Bridge Street Jacksonville, North Carolina 28540 (940)455-0877 charies.riggs@bizec.rr.com June 15,2015 CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Corporate License(C-730) 502 New Bridge Street P.O. Box 1570 Jacksonville, North Carolina 28541 (910)455-0877 E-MAIL: riggsland@bizec.rt.com Mr. and Mrs. Gregory Manning 238 Dickens Road Broadway, NC 27505 Re: Carolina American Properties Major CAMA Application Dear Mr. and Mrs. Manning: James A. Lewis, P.L.S. L-4562 Landfall Executive Suite 217 1213 Culbreth Drive Wilmington, North Carolina 28405 (910)681-7444 j.lewis@bizec.ff.com On behalf of Carolina American Properties, Charles F. Riggs & Associates, Inc. is submitting to the Division of Coastal Management, North Carolina Department of Environment and Natural Resources the enclosed Major CAMA application for the property located at 206 Singleton Street, Stump Sound Township, Onslow County for the dredging of the existing boat slips. We are required to notify the adjoiners of this CAMA application. Please review the package and sign the form provided, placing a check beside whether you have objections or no objections to this. If you have no objections, please return the form to us in the self-addressed stamped envelope provided. If you have objections, please send the form along with your comments to Mr. Jason Dail, Division of Coastal Management, N.C. Department of Environment and Natural Resources, 127 Cardinal Drive, Wilmington, NC 28405 within 10 days of receipt of this notice. ;ttuuy, m 0 m o V L. Riggs Ln rq t3 0 0 t] Ln 0 r, ❑Reu Re pt Qiar WPA $ ❑ Ratum Receipt ykplmnlc) $ ❑ cwvlw Mall Reap Ow c IwN $ ❑Muff Sgnatum Re ulre $ rjMuX SlBnatum %e Hcte M" $ 121 $3.45 Q i N 1 01( Na $1.42 06PPO15 67.67 RECEIVED JUL 08 2015 ja #O-MMmw pill h1E_CEIVED UCM WILMINGTON, NC JUN 1 7 2015 CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONNVAIVER FORM Name of Property Owner Carolina American Properties, LLC Address of Property 206 Singleton Street, Onslow County (Lot or Street #, Street or Road, City & County) Agent's Name #: Charles F. Riggs & Assoc Agent's phone #: (910) 455-0877 Mailing Address. P. O. Box 1570 Jacksonville, NC 28541 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawma. with dimensions must be provided with this letter. I have no objections to this proposal. _ I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www nccoastaimanagemerrt.neVcontact dcm.hrm or by calling 1-888-4RCOAST. No response is considered the same as no obiection if you have been notified by Certified Mail. I understand that a piLT k, back a minimum distance of 1 wish to waive the setback, you I do wish to WAIVER SECTION mooring pilings, breakwater, my area of riparian a( setback not wish to waive the 15' setback Charles F. Ries, age9f r application Print or Type Name P. O. Box 1570 Mailing Address Jacksonville, NC 28541 Cltylstatelzip (910) 455-0877 Telephone Number JhD 1S411e l _KJN 2015 boathous Jiff, or groin must be set nless waived by me. (If you blank below.) W t ure VV Q vV�y' V Gt1V1(�ll Print or Typ Nan 0 �,3 6 Mail' Address CitylStatelZip q i � - Telephone Number 6-- Dale Revised 611812012 NC CHARLES F. RIGGS & ASSOCIATES, INC. Charles F. Riggs, P.L.S. L-2981 502 New Bridge Street Jacksonville, North Carolina 28540 (990)455-0877 charles. riggs@bizec.rr.com June 15, 2015 Mr. and Mrs. Eddie Creech 5777 Farmstead Road Bailey, NC 27807-8899 Land Surveyors Corporate License(C-730) 502 New Bridge Street P.O. Box 1570 Jacksonville. North Carolina 28541 (910)455-0877 E-MAIL: riggslandnbizec.rr.com Re: Carolina American Properties Major CAMA Application Dear Mr. and Mrs. Creech: James A. Lewis, P.L.S. L4562 Landfall Executive Suite 217 1213 Culbreth Drive Wilmington, North Carolina 28405 (910)681-7444 j.Iewis@bizec.rr.com On behalf of Carolina American Properties, Charles F. Riggs & Associates, Inc. is submitting to the Division of Coastal Management, North Carolina Department of Environment and Natural Resources the enclosed Major CAMA application for the property located at 206 Singleton Street, Stump Sound Township, Onslow County for the dredging of the existing boat slips. We are required to notify the adjoiners of this CAMA application. Please review the package and sign the form provided, placing a check beside whether you have objections or no objections to this. If you have no objections, please return the form to us in the self-addressed stamped envelope provided. If you have objections, please send the form along with your comments to Mr. Jason Dail, Division of Coastal Management, N.C. Department of Environment and Natural Resources, 127 Cardinal Drive, Wilmington, NC 28405 within 10 days of receipt of this notice. rti or .. m C3 BNL u Certltistl Meg Fw a 8 Extra Services ew (cnecx bor, ed� � ❑RPNm RecND�(Irarticopy) E O ❑ Return RecelP,"I tmnlc) E r7 ❑ CartOletl Mall Reslridetl C ;" E � QMUI151gnetum Repulred E O �PduE Syretwe Pwo-lnee oelNeryE Postage O Tatal Postage antl Fwe Ill ra 'To ►Yl f .(... i'11 �i. � StreerendAptl6"o:; 6G $3.45 $1.42 $7A7 'Ile y.NC RECENEL ja 0 11 1015 wwo-"H6, G", 06M 06 Poe u k WRM HM cop* NC RECEIVED DCM WILMINGMN, NC JUN 17 2015 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Address of Property: Carolina American Properties, LLC 206 Singleton Street, Onslow County (Lot or Street #, Street or Road, City & County) Agent's Name #: Charles F. Riggs & Assoc. Agent's phone #: (910) 455-0877 Mailing Address: P. O. Box 1570 Jacksonville. NC 28541 I hereby certify that I o " applying for this permit hE is Complete items 1, 2, and 3. they are proposing. A dea ■ Print your name and address on the reverse so that we can return the card to you. I have no objec ■ Attach this card to the back of the mallplece, or on the front if space permits. If you have objections to w 1. Article Addressed to; 1 d Old creee� M1 mpSr :iz_ (DCM) in writing within 1( �.�7 Nt� I 11 %7 5?77 available at www.nccoast t—Ar nsfe� ►Soe response is considered th &;l,y,nrc 02'7­7-9@q9 I understand that a pl III'lll I'll illll IIIIIII Illllpll) I'lllll I III back a minimum distance II wish to waive the setbacl, 9590 9403 0119 5077 8939 86 Charles F. 2. Article Number?rensfer from service faben Idowish 7015 0640 0000 1590 8097 A. Signatu ', X r/ ❑ Agent /' ewa­ D. Is delivery address different from aem 17 If YES, enter delivery address below: G �a Service Type .til`Ai`arity Melt Express® Adult Signature eglatered Mall. Adult Signature Restricted Delivery ❑ Re ietered Mall Restricted Certified MWIS Delivery certified Mall Restricted Delivery ❑ Return Recelpt for Collect on Delivery Merchandise Collect on Delivery Restricted Delivery ❑ Signature Confirmation"" isured Mal ❑ Signature Confirmation isured Mall Restricted Delivery rver 15m1 Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 -1 5- 01- U3 C.mestic Return Receipt not Print or Type Name P. O. Box 1570 Mailing Address Jacksonville, NC 28541 City/State/Zip (910) 455-0877 Telephone Number 6 5 Date application (Adjacent Property Owner Information) Signature RECEIVED JUL 0 8 2015 jJk.Ny"eerib. ici/y Print or Type Name Mailing Address City/StatelZip R E C — I V E D DCM WILMINGTON, NC Telephone Number J U N 1 7 2015 Date Revised 611812012 612SF2015 USPS.cmO- LISPS Tracking^" English Customer dery lco USPS Mobile Ragimer l Sign In M///s off USPS TrackingT11 Tracking Number: 70150640000015908097 Updated Delivery Day: Wednesday, June 24, 2015 Product & Tracking Information Postal Product: Features: First -Class Mail® Cenified Made Return Receipt See tracking for related item: 9590940301195077893986 GATE&TIME STATUS Of ITEM Juno 24, 2015,1213 pm Detwond BAILEY, NO 27807 You, am was dehwmd or 12 13 cm on .lung 24. 20'5 in SAILFY N;' 2-F " [�Customer Service It\D Have questions? We're here to help. toGet Easy Tracking Updates , Sign up for My USPS. Available Actions Text Updates Email Updates June 24,2015,7:37 am Arched at Unit BAILEY, NO 27807 June 23, 2015 , 8:55 pm Departed USPS Origin Facility ROCKY MOUNT, NO 27801 June 23.2015, 5:48 pm Armed at USPS Origin Facility ROCKY MOUNT, NO 27801 June 23, 2018, 326 am Departed USPS Facility MERRIFIELD, VA22081 June 21, 2016. 7:53 pm Arrived at USPS Facility MERRIFIELD, VA22061 June 17, 2015 , T14 am Forwarded BAILEY, NO June 17.2015 , 7:05 am Arrived at Unit BAILEY, NO 27807 June 17, 2015.3:57 am Departed USPS Facility ROCKY MOUNT, NO 27801 RECEIVED June 16, 201 S. 129 Pm Armed at USPS Origin Facility ROCKY MOUNT, NO 27801 0 81015 JUL June 16, 2015 , 3:34 am Departed USPS Facility CHARLOTTE, NO 28220 F~W-46r40 k->I V' June 16, 20t5 ,191 am Armed at USPS Facility CHARLOTTE, NC 26228 June 15, 2015 , 424 pm Acceptance JACKSOM4LLE, NO 28540 Track Another Packap 201r Manage Incoming Packages Tracking (or receipt) number Track aA your packages from a dashboard. No tracking numbers necessary. -•. i�i;+vsi Track it Sign up for My USPS' Mps:illcds.taps.caMgdTrgrJCOrMrn)A090n.a080n?IRef=fiilpage8tLr-1&bw=777-&Labels=7015064000001590M 1%2 fv25/2015 English Customer So" Ice Uses Mobile USPS.corrft0- USPS Traciong n" Rollins r / 511n In USPS TrackingT"d Tracking Numbs r: 70160640000015908103 Updated Delivery Day: Thursday, June 18, 2015 muspskOMr Product & Tracking Information Postal Product: Features: First -Class Mail® Certified Mall— Return Receipt Sao tracking for related item: 9690940301195077893993 DATE & TIME June 18, 2015 , 3:46 pm STATUS OF ITEM Notice Lett (No Authorized Recipient Available) LOCATION BROADWAY, NC 27505 L001! adempled to delifer Mur lent at S 41i Pm or. .IWne I5. 2015 rn 81Rr)AOXNAY NC 375ri5 and a notice Wes left because an sulhmimld recipi ilmveas Oat awfalfe. You may arrange redollvery ey VS,b ghlfplWww.tt5lYs.pomtmdailterycrca11uti0800-ASK-USPS, or Iraq puck up the IEem at the, Post ClairIndicated an ine notice. if this item is unciaimed after 15 days then it Will be rah/rned to the Render June 18. 2015,7:48 am Out for Delivery BROADWAY. INC 27505 June 18, 2015 , 7:38 am SONng Complete BROADWAY, NC 27505 June 18, 2015 , 7:21 am Arrived at Unit BROADWAY, NC 27505 June 18, 2015 , 1:44 am Depaneo USES Facility RALEIGH, NC 27676 June 16, 2015 .9:05 pm Armed at USES Facility RALEIGH, NC 27676 June 16, 2015 3:34 am Departed USES Fauilty CHARLOTTE, INC 28228 June 16, 2015 , 1:01 am Arrived at LISPS Facility CHARLOTTE, NC 28228 June 15, 2015.4:23 pm Acceptance JACKSONVILLE, NC 28540 Track Another Package Tracking for receipt) number b, Track It luN 2 6 2015 :f fly wlii f+A PlgrwTnl,,j Customer Service t W Have questions? We're here to help. Get Easy Tracking Updates Sign up for My USES. Available Actions Text Updates Email Updates RECEIVED JUL 0 S 2015 W&t;"HWrf6i k fAN, Manage Incoming Packages Track cYyou, a d.asnboaro No tracking numbers necessary . Sign up for My USPS u Mtps /Aods.usps.corrygolTrac)Corlfirm Acton,action?tRef=fUlpage&tLc=l&teb28777=&t"beis=70150640000015908103 V2 7S� North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F Marshal! DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleo, NC 27626-0622 (919)807-2000 Account Login Register Date: 6/14/2015 Click here to: View Document Filings I File an Annual Report I Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report I Corporation Names Name Name Type NC CAROLINA AMERICAN LEGAL PROPERTIES, LLC Limited Liability Company Information SOSID: 0598398 Status: Current -Active Effective Date: 7/23/2001 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: BRANSON, HENRY W., III Office Address: 202 KIRKWOOD DRIVE CHAPEL HILL NC 27514-5136 Mailing Address: PO BOX 3342 CHAPEL HILL NC 27515-3342 Principal Office Office Address: 202 KIRKWOOD DRIVE CHAPEL HILL NC 27514-5136 Mailing Address: PO BOX 3342 CHAPEL HILL NC 27515-3342 Officers/Company Officials Title: MANAGER Name: HENRY W. BRANSON,III Business Address: 6116 N CENTRAL EXPY, STE 522, LB 20 DALLAS TX 75206 RECEIVED JUL 0 S 2015 04! a" "l ky 4 K.� r3ECEIVED DCM WILMINGTON, NC JUN 17 2015 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Vert 5850 https://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=5356798 6/14/2015 Paof 3 V 3 TVPa: CRP et ":14:21 PM 1 of 3 Pap. of Dead, ,2-544 This Imoummi was pmp" by IseM4 Fountain & Ccwn. a fi erwd Nonh Cwolin4 AMmay - O hNocnt tun, if my. to h paid by the clmina 4aarney the (Anlow C'oumy Tax <'a1«t« upon d,shnrscmcM o(ami,g nr««a.. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ J(eo . w Parcel Identifier No.044140 Verified by Outlaw County on the _ day of_._ Mail/Box m: Carolina American Properties, LLC PO Box 3342 Chapel Hill, INC 27515-3342 This instrument was prepared by: Lanier, Fountain & Ceruai 114 Old Bridge Street Jacksonville, NC 28540/hih Brief description for the Index: Lot 1, Block B, Chadwick Acres THIS DEED made this _4f— day of August, 2014, by and between GRANTOR GRAN JIFF MICHAEL 1. EDWARDS CAROLINA AMERICAN PROPERTIES, LLC and wife, A North Carolina Limited Liability Company SUSAN G. EDWARDS PO Boa 3342 Chapel Hill, NC 27515-3342 Enter in appropriate block far each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neater as required by context. W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grant", the receipt ofwhich is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grant" in fee simple, all that certain lot or parcel of land situated in Stump Sound Township, Onslow County, North Carolina and more particularly described as follows: Being all of Lot 1, Block B, as shown on that certain plat entitled, "Chadwick Acres Subdivision, Stump Sound Township, Onslow County, NC" prepared by Walter M. Reynolds, 111, as recorded in Map Book 22 at Page 233, Onslow County Registry. Subject to a declaration of conditions, reservations and restrictions of Crystal Covens recorded in Baok728 at Page RECEIVED 777, amended by instruments recorded in Book 730, Page 748, and in Book 924, Page 753, all in the Onslow County JUL O 8 20,�5 Registry. iDl�w a i1y. Together with the rights of ingress, egress and regress over Lot 2 as shown on Map I2, Page 233, Onslow County Registry. RECEIVED DCM WILMINGTON, NC JUN 17 2015 1000644M. DOCINC Bs Ase ciaan Form No. 3 O 1976. Revised C 1977, 2002 Mr byAW..Mwith the NCBar Anocienm-1991 Book: 4186 Page, 1977-Current: 542 Seq: 1 Page 2 of 3 l tprWrty beftweabow Bawled wu ucquffW by Onve, by inarwrtal Lauded in Book 1"0 Pep 691. All a e pxdm oftbe property hmele oasveyed _ rtuheda a _ den vas hmlods Lie Kneoey residence oftbe Geeror. Amy rAowig Lw ebow desmbW IwLpmeY b emaGtl m Dkt Book 22 Pye 233. tee riUn TOlEAND TO HOLD Nc efortuid brapucelof�vd andetl pri•il¢ud ypmemreatlurtobsIm�Bngbtic Grunam yk. And ebeGadae oowunr w flh. pre, Nr Grater u uteedef%e pemdea io fbeswpk, hmftrightbcawcyd .in fee skiple, mr thk k mwtftbk sod have and clam oftll caaobay aed den Oerdee will wsma end defend tie We ephue 0K k.tw cy®s elsd p wlwmsoe e. abet due the felkft acepaea, MNffNES9 WNERF.OF, the Gruuorbm duly esewzdthe lagov�guof yar Dare" WAQ Mi I1. FAweds1�p• �- �'1 Sm. G. FAwwds gbsc oT -Camb of .RV LAS et (, the ukdrsipwd Noary Public oflbe Coati sod Stea efwsuid, uMy tli M-•Ira l ..w and wit a....., . Fjb,� prsooalb' operod befea me Ikis dq and u9muwkdpd t/�_e den esecako a[Ibe fagomg aMsmenr fa Lb pmpors d.. eemased Wlhmmy "NoeoWmmpateklehb.{L+-rt- eAup�201/. Regma, of Deede dx Oubw Carry By Depsp/AaimL. Re{islu MDesOc (400fee1eLOCIrrCdw A�aeTNwlh IO D16IImkgOlT,gpt nkue M Ap�rl M!1 r Nc r ArnLelm • iwl RECEIVED JUL 08 2015 4c aw9 "x RECEIVED DCM WILMINGTON, NC JUN 17 2015 Psw 3 of 3 *S, ,,* R Covnrrroroxsww Tax Certification Form (Check One Box) This certifies that them are no delinquent ad valorem taxes, or other taxes which the Onslow County Tax Collector is charged with collecting, that are a lien on: Parcel identification Number: 044140 This is not a certification that this Onslow County Parcel Identification Number matches the deed description. © No certification required, as attorney statement that any delinquent taxes will be paid from closing proceeds is included on first page of deed. "" ""�"'� Valerie B Cox.08/07/2014..:...:::._...w s:munrruaw Tax Collections Staff Signature Date Ooelnw County Tax Adnunixtratinn 39 Tallman Street • Jeckwovllle. North Caroline • 28640 Phone: 910-999-2200 Fax: 9104664579 rnn.osbnowvtrrc.phx RECEIVED JUL 08 7015 I)G04AHB Fs� RECEIVED DCM WILMINGTON, NC JUN 17 2015 Book: 4186 Page, 1977-Current: 542 Seq: 3 Onslow County, NC Tax Parcel Report Sunday, June 14, 2015 Parcel Information Map M 774B-27 Assessed Value: $226,260.00 PARID: 044140 Total Taxable Value: $226,260.00 NC PIN: 428819621161 Building Value: $21,260.00 Owner Name: CAROLINA AMERICAN Land Value: $205,000.00 PROPERTIES LLC Property Address: 206 SINGLETON ST Heated Living Sri Ft: Property Description: L1 BB CHADWICK ACRES Year Built: Subdivision: CHADWICK ACRES Adjusted Acres: 0.28 Neighborhood Code: 3096 Legal Acres: City Limit: UNINCORPORATED Improvement Code: O RECEIVED ONSLOW Township: STUMP SOUND Book: 4186 JUL 0 6 101 Mailing Address: PO BOX 3342 Page: 542 11s` aaHH �lT" Mailing City, State, Zip: CHAPEL HILL NC 27515 Deed Date: 07-AUG-14 Sale Code: 00 Deed Stamp Amount: 180000.00 Number of Bedrooms Plat Book & Plat Page: 22- ECEIVED DCM WILMINGTON, NC JUN 17 2015 WARNING: THIS IS NOT A SURVEY. Onslow County Geographic Information Systems This map is prepared for the inventory of real property found within this jurisdiction, and is (GIE compiled from recorded deeds, plats, and other public records and data. Users of this map 39 Tallman Street are hereby notified that the aforementioned public primary information sources should be Jacksonville, NC 28540 consulted for verification of the information contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. Onslow County, NC Tax Parcel Report Sunday, June 14, 2015 WARNING: THIS IS NOT A SURVEY Parcel Information Map #: 7746-28.1 Assessed Value: $392,190.00 PARID: 057457 Total Taxable Value: $392,190.00 NC PIN: 428819622124 Building Value: $187,190.00 Owner Name: CREECH EDDIE R & EMILY Land Value: $205,000.00 Property Address: 200-B SINGLETON ST Heated Living Sri Ft: 2499 Property Description: L2B BB CHADV41CK ACRES Year Built: 1995 Subdivision: JAMES HALES +JUDITH CREECH Adjusted Acres: 0.13 Neighborhood Code: 3096 Legal Acres: City Limit: UNINCORPORATED Improvement Code: D ONSLOW RECEIVED Township: STUMP SOUND Book: 1412 g JUL O 203 Mailing Address: 5777 FARMSTEAD RD Page: 235 L)6fJ-"H0 Gall Mailing City, State, Zip: BAILEY NC 27807 8899 Deed Date: 20-NOV-97 Sale Code: QQ Deed Stamp Amount: 195000.00 Number of Bedrooms 4 Plat Book & Plat Page: RECEIVED DCM WILMINGTON, NC JUN 1 7 2015 WARNING: THIS IS NOT A SURVEY. Onslow County Geographic Information Systems This map is prepared for the inventory of real property found within this jurisdiction, and is (GIS) compiled from recorded deeds, plats, and other public records and data. Users of this map 39 Tallman Street are hereby notified that the aforementioned public primary information sources should be Jacksonville, NC 28540 consulted for verification of the information contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. Onslow County, NC Tax Parcel Report Sunday, June 14, 2015 !i4b oI Map #: PARID: NC PIN: Owner Name: Property Address: Property Description: Subdivision: Neighborhood Code: City Limit: Township: Mailing Address: Mailing City, State, Zip: Sale Code: Number of Bedrooms 7740 30 774829 s� 774e-292 !` 7740S8 1 77m-�7 77 WARNING: THIS IS NOT A SURVEY 774B-29 044142 428819621230 MANNING GREGORY G & SUSAN S SINGLETON ST THE 184 SINGLETON ST CA 184 SINGLETON ST 3097 UNINCORPORATED ONSLOW STUMP SOUND 238 DICKENS RD BROADWAY NC 27505 9Q Parcel Information Assessed Value: $100.00 Total Taxable Value: $100.00 Building Value: $0.00 Land Value: $100.00 Heated Living Sq Ft: Year Built: Adjusted Acres: 0.22 Legal Acres: 0.22 Improvement Code: V RECEIVED Book: 3136 JUL 0 S 106 Page: 134 Deed Date: 10-OCT-08 Deed Stamp Amount: 350000.00 Plat Book & Plat Page: 49-ORE C E I V E D DCM WILMINGTON, NC JUN 1 7 2015 WARNING: THIS IS NOT A SURVEY, Onslow County Geographic Information Systems This map is prepared for the inventory of real property found within this jurisdiction, and is (GIS) compiled from recorded deeds, plats, and other public records and data. Users of this map 39 Tallman Street are hereby notified that the aforementioned public primary information sources should be Jacksonville, NC 28540 consulted for verification of the information contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. Dail, Jason From: Dail, Jason Sent: Wednesday, June 17, 2015 9:40 AM To: charles.riggs@bizec.rr.com Subject: CAMA Major Permit application - Incomplete - Carolina American Properties, LLC - 206 Singleton Street, Sneads Ferry, NC Hello Charles, please refer to the information below regarding the completion of the subject CAMA Major permit application. RE: CAMA Major Permit Application Carolina American Properties, LLC 206 Singleton Street, Sneads Ferry, NC Dear Mr. Riggs: The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of Carolina American Properties, LLC, for dredging activities located within an existing boat basin, adjacent to the AIWW, in or near Sneads Ferry, Onslow County; However, your application lacks information necessary for complete processing. The �attached list indicates the deficiencies of your application. l/I Please provide the signed returned certified mail receipts from the adjacent riparian property owners. l`•, On the site plan drawing and profile drawing, please show the location of the normal/mean high water line as V well as the normal low water level. Please indicate whether the "wood finger pier" depicted on the drawing is existing and/or proposed as well as the "bulkhead". Please alter the spoil deposition area so that no portion encroaches within the 30' coastal shoreline buffer, which should run along the entire southern portion of the property. The location of the 30' coastal shoreline buffer should run parallel to the bulkhead if the bulkhead alignment is the normal/mean high water line. • i During a site visit made by DCM in Feb. 2014, it was noted that coastal wetland vegetation existed within the 1V/ marina basin. If this vegetation is still present, it should be noted and defined on the plans. Otherwise, a note should be included on the site plan drawing that states no wetlands will be excavated or filled as part of the project. In short, the reason this dredge project was required to be processed as a CAMA Major/Dredge and Fill, is because of the presence of coastal wetland vegetation within the dredge footprint. This should be addressed both in the application package and also on the site plan drawings. Please revise the MP-1 form and complete Number 5. (f). • Please revise the MP-2 form and complete Number 1. (c)(i) to include the area of coastal wetlands being impacted. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will be placed on hold pending receipt of the requested information. Additional information may be required pending further review by the fifteen (15) review agencies. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796.7221. RECEIVED JUL 0 6 iu6 {oY.Al Y's�v Jason Dail Field Representative N.C. Division of Coastal Management 127 Cardinal Drive Pxte Wilmington, NC 28405 Phone:(910)796-7221 Please visit www.nccoastalmanagement.net<htto://www.nccoastaimanagement.net/> to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. *Also, please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* RECEiVED JUL 0 a 16 j,"O'r (�Oiv 2 Charles F. Riggs. P.L.S. L-2981 502 New Bridge Street Jacksonville. North Carolina 28540 (910)455-0877 charles. riggs@bizec. rr.twm June 15,2015 CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Corporate License (C-730) 502 New Bridge Street P.O. Box 1570 Jacksonville. North Carolina 28541 (910) 455-0877 E-MAIL: riggsland@bizec.mcom To: Mr. Jason Dail Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 Re: Carolina American Properties Major CAMA Application Dear Mr. Dail: James A. Lewis, P.L.S. L-4562 landfall Executive Suite 217 1213 Culbreth Drive Wilmington, North Carolina 28405 (910)681-7444 j.lewis@bizec.rr.com On behalf of Carolina American Properties, Charles F. Riggs & Associates, Inc. submits for your review the enclosed Major CAMA Application for the property at 206 Singleton Street, Stump Sound Township, Onslow County, North Carolina. James L. Riggs RECEIVED DCM WILMINGTON, NC JUN 16 2015 _V� MAJOR PERMIT FEE SCHEDULE Carolina American / $400 / Onslow County DCM % DWQ % Development Type 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 1 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED JUL 0 8 2015 Im DENR CAMA Daily Check Log for WARD Date Rooelved Depos/ led Check Frorr (Name) Name of Permit Holder Ven for Check Number Check amount Permit Numbar/Comments Refund/Reallocated 5/28/2015 5I28115 1 Beverly M. Naylor Larry Naylor NC State Employees' Credit Unic 2073 5100.00 minor fee, SC 15-14, OnCo. 5/282015 611115 Carolina Marine Dredging Inc Ricky Hancock First Bank 1094 $200.DO GP 64652D 5/29/2015 6/1115 1 Larry Rice Construction Ricciardi BB &T 2243 $100.00 minor fee, NTB 15-16, PnCo 5292015 6/1/15 Forest by the Sea HOA Inc same S of A 10576 $100.00 renewal fee, MP 160-02 5/292015 8/1115 Mark Armstrong same Walls Fargo Bank 1070 $100.00 renewal fee, MP 63-11 5292015 611115 Allied Marine Contractors, LLC EPC Holdings 846 LLC B of A 2DD5 $400.00 GP 65149D ®$200 James McGhee GP 63278D S2DO 5292015 611/15 Thad N. and Erin M Cable same NC State Employees' Cred' n' 2937 $200.00 GP 63279D 512QW15 611/15 Senter Home Builders Neil and Heather Senter Wells Fargo Bank 1471 $200.00 GP S4632D 6/12015 68/15 Waters Edge HOA, Inc. same Park Sterling Ban 1536 $4DO.00 major fee, Hampstead, E29 6/12016 5/3/15 Northern Riverfront Marina and Hotel, LLLP City Marina of Wilmington, LLC PNC Bank 3857 S1DO.00 mod fee, MP 44-07 61IP20161 B/3/15 City of Wilmington same B of A 319610 $100.00 renewal fee, MP 10-12 6/12015 6/5115 High Tides II Inc Johnny and Susan Sid" S of A 1903 $100.00 minor fee, e8 Osprey, B Ons.co 622015 6I2/2015 8/3/2015 613/15 6/3/15 Inlet Watch Yacht Club, Inc Allied Marine Contractors. LLC Alton L. and Sherry D. Jenki same Kevin Finger. same BB &T B `i: - - A 15636 - 2036 1395 $100.00 $200.00-returned 5200.00 renewal fee, MP 1 tow per Jason Dail GP 646610 600 8/32015 6/3/15 Alton L. and Sherry D. Je Ins same of A 1396 $4DO.00 see above try Stam 's Charles F. Riggs & 'ates Inc Richard and Linda Baker First Citizens Bank. 14048 $250M major r tee, MP 84-13 returned per Jason 6/42015 6/5115 1 James W. and Donn . Jones same PNC Bank 1911 $200.00 IGP 64,054D 6/42015 615115 Pullen Piece Tam uses Condominlu same/Kerry Avent First Bank 1220 $200.00 tren er & renewall, MP 56-09 6/4/2015 6/5115 Coastal Marine P' re Bulkheads LLC William Creasy Wells Fargo Bank 20242 $400.00 64665D 0$200 Gasser P 64666D @$200 6/42015 6/5/15 Overbeck M Construction Mc. John Kane SunTrust 4468 $200. GP 64660D 6/42015 OM15 Beam 8 'ales Sea Mist Cam Resort, I BB &T 4824 $1 .00 addl. $150 for major mod fee, 162-09 8/52015 S/9/15 West P. nter, Jr. same Wells Fargo Be 7596 $.00 GP for 1 Raeford, OIB 6/52015 619115 TI Coati I Services, Inc Wooten Holding Co. Inc. ampstead Marina Coming Fed Credit Union 629Al DO.00 renewal fee, MP 52-09 OW015 8/8/15 SEPI mitering and Can Brunswicklown, Ft A rson Wells Fargo Ink 20190 S400.00 major fee, Brunswicktowm Ft Anderson 6/9/2015 Land anagement Group, Inc Bailey and First Bank 452 $400.00 major fee, Summer Rest Rd, NHCo F a S Marine Contractors Inc. Steve lily PNC Bank 45 $250.00 major fee, 412 Waynick, WB, NHCO Clarence RirhardsonlRich son Constructio Marlon Clarke BB &T 30 $200.00 GP 63280D 'nori Construction, Inc. Milton & D ardin B of A W83 $400.00 GP 65160D Its Better Built Inc Robert and lie Blake First Ban 3757 $200.00 GP 84835D V11212015Cavie Grice Construction of Brun Greta Lyn Ood BB &T 10372 $400.00 GP 64636D $200 Lee GP 64637D @$200 5 Holden Dock 8 Bulkheads Laitys C Bank 2113 $Z00.00 GP 64634D 5 Holden Dock & Bulkheads Gary olbrook CresC Bank 2114 $200.00 GP 64633D 5 Cavie Homes LLC Ma Cavenaugh First tizens Bank 1260 $600,00 GP 65161D 6/12/2015 Land Management Group, Ifte C5istal NC Real Estate LLC First nk 45540 $1D0.00 renewal fee, MP 103-08 6/1212010 Dallas G. Nester Tilas Nester (transfer MP from Ronnie Hunt Cap' I Bank 4975 $200.00 transfer and renewal fee, MP 47-07 6/1220 5 Charles Riggs & Assocat Inc Ian Watson First rifizens Bank 14055 $100.00 minor fee, 203 Tamanx Ct, NTB, Ons 8/122 5 Charles Riggs &Associate Inc J Michael McKay First itizens Bank 14056 $100.00 minor fee, New River Inlet Rd, NTB, Ons 6/1 15 Ra ontl A. Hams, Jr OIB ABC, LLC/James Myers III Firs Bank 1728 5400.00 major fee, 59 Causeway Dr. OIB, BrCO 811 15 ANA Builders, Inc TD ank 7269 $100.66 minor fee, 207 Seashore Dr., NTS 6/1 O15 The Landing at Snows Cut BOA same Final Bank 30020878 $100.00 renewal fee, MP 68-07 S/ 015 The Landing at Snows Cut A same Firs Bank 30012820 $100.00 transfer fee, MP 88-07 ck dated 323/15 8/ 52015 Land Management Group, te Aqua Vista Farms, LLC First ank 45566 $100.00 Imod fee, MP 1DO-14 _ 152015 LTR Properties LLC Robert Huckabee NewBadoeSaink 163 $200.D0 GP 646730 152015 James Clyde McPherson same BB &T 4929 $200.00 GP 64677D 152015 Charles Riggs & Assocates In Parks Family Leasing, LLC First Citizens Bank 14062 $100.00 minor fee, Ocean Blvd, TB, PNCo 6/162015 Charles Riggs & Associates Inc Carolina American Properties First Citizens Bank 14063 $400.00 major fee, 2D6 Singleton St Snead; Fog, One 6/172015 Carolina Coast Contracting, Corp. Laura Schanberg B m A 8800 $100.00 minor fee, 606 Maritime Way, TB, PnCo 6H72015 RSC Engineering, PLLC Sheldon Wolitski TD Bank 6049 $100.00 mirror fee, tract 2B Dorothy B. Sox Dr., SC, PnCo 6/172015 Barry Hurst Inc. -_ Gerald Hurst PNC Bank 1535 $200.00 GP 851851) 6/172015 Cavie Hones LLC Charles Kozel First Citizens Bank 1254 $200.00 GP 65163D OD - y m 4* NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaary Secretary July 2, 2015 Carolina American Properties C/o Henry Branson PO Box 3342 Chapel Hill, NC 27514 Dear Mr. Branson: The Division of Coastal Management hereby acknowledges receipt of your application, requesting State approval for development of your property located at 206 Singleton Street, adjacent to the AIW W, in Sneads Ferry, Onslow County. The application was received as complete on June 26, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is September 10, 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 75tt' day. If this agency does not render a permit decision within 70 days from June 26, 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 may 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. ion cerely, Dai field Representative Cc: WiRO file, DCM Charles Riggs (Agent), C.F. Riggs and Assoc. Inc., PO Box 1570, Jacksonville, NC 28541 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910•7.96.72151 FAX: 910a5-3964 Internet: www.nccoastalmanagement.net RECEIVED JUL 0 8 tab An Equal Opportunity\ Afim live Action Employer o`�N CARp I. CHARLES FRANCIS RIGGG PROFESSIONAL LAND�� • •. SURVEYOR. DO HEREBY CERTIFY THAT I HAVE ��;'FESS/•• -9 SURVEYED THE PROPERTY AS SHOWN HEREON 110 eQ�O �• ACCORDANCE WITH THE STANDARDS O PRAC FOR LAND RVEYING INN TH CAROU T SEAL THE R PRE CALCULA Y un DEPIS:' CD THIS IS TO CERTIFY THAT THE B PROPERTY IS LOCATED IN FLOOD ZONE ICH IS A SPECIAL FLOOD HAZARD AREA A ETERMINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND THE NATIONAL FLOOD INSURANCE PROGRAM. COMMUNITY PANEL NUMBER 370340 3720428800J. NOVEMBER 3. 2005 1 84IE BENCHMARK DAN ELEVATION: 3.63' VERTICAL DATUM: NAVD 88 VERTICAL DATUM OBTAINED WITH TOPCON GRS USING N.C. GEODETIC CONTINUOUS OPERATING REFERENCE STATIONS ZONED R-10 ZONING SETBACKS FRONT = 20' REAR = IV SIDE - 8' OWNERS CAROLINA AMERICAN PROPERTIES, LLC A NORTH CAROLINA LIMITED LIABILITY COMPANY P.O. BOX 3342 CHAPEL HILL, NC 27514 T1D r cn IRIY D.B. 4186. P. 542 TAX ID 7748-27 REFERENCES D.B. 4186. P. 542 M.B. 2.2. P. 233 LINE TABLE LINE $ LENGTH DIRECTION L1 6.36' S70D2'28'W L2 19.82' N0351'46'E L3 23.78' N5979'29'W L4 26.3V S77*44Y6'W L5 43.29' N71'36'58W L6 52.15' N5526'34'W 1-7 4.52' N23T01'55'W LB 30.49' S66'34'28'W L9 41.11' N23'4Y5O'W 01 29.70' S62'SY21'W PL10 L 19.87' N2229'24"W � J W 0] LIj = Q� a H- I I () J Z Q o iL W < I z: \ _Z � 0 I I EMN BENCHMARK DIST EIP EIR "'ww P10'r `Y NOW OR FORMERLY EDDIE R. CREECH & WIF EMILY CREECH 5777 FARMSTEAD RD BAILEY, NC 27807 LOT 2B D.B. 1412, P. 235 200—B SINGLETON ST. EIP i W 0 R/W I^ � a N a w 523'40'34'E 0 0 3.00 � mom n :CT W y 1oN of EPK SINGLETON STREET EMN R/W FLOOD ZONE "VE" (ELE VAT10N=10.0'+2') pppROXIMAIE FLOOD LINE FLOOD ZONE "AE" (ELEVATION=9.0'+2') CONCRETE DRIVE CHARLES F. RIGGS & ASSOCIATES, INC. (C-730) LAND SURVEYING - CONVENTIONAL & GLOBAL POSITIONING SYSTEMS, LAND PLANNING A.' COMPUTER MAPPING 502 NEW BRIDGE STREET LANDFALL EXECUTIVE SUITE 217 P.O. BOX 1570 1213 CULBRETH DRIVE JACKSONVILLE, NC 28540-1570 - WILMINGTON, NC 28405 TELEPHONE: (910) 455-0877 TELEPHONE: (910) 681-7444 E-MAIL: riggslond®bizec.rr.com ATLANTIC INTRACOASTAL WATERWAY [ SIR 4 rn 0) M SILT �.t 4.2' \\ 20' Z 'L4 1 SPOIL PILE QUIT a. / RED 3.6' 1 ewe x/ B� ri4.4' \ I rn m� I "^" EIP I N61 20' INGRESS. EGRESS EASE ENT M.B. 22. P. 233 NOW OR FORMERLY GREGORY G. MANNING & SUSAN S. MANNING 2338 DICKENS RD BROADWAY, NC 27505 LOT 3 D.B. 3136, P. 134 184 SINGLETON ST o FI! JR7 PR01 EXCA .5' TO BE LID EPAIRED— �-- Q 8' '53'57"E 83.73 LOT 1 8495 Sq.Ft. 0.195 ACRES ABOVE HIGH WATER 1 IV RIPARIAN CORRIDOR h — t I BOUNDARY & TOPOGRAPHIC SURVEY FOR CAROLINA "ERICAN PROPERTIES, IBC LOT 1, BLOCK 8, CHADWICK ACRES, M.B. 22, P. 233 STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NORTH CAROLINA CAROLINA AMERICAN PROPERTIES, LLC, OWNER, D.B. 4186, P. 542 206 SINGLETON STREET VICINITY SKETCH NOT TO SCALE NOTES TOTAL SHORELINE LENGTH: 247' WHITE OAK RIVER BASIN OUTSTANDING RESOURCE WATERS LOW WATER = 0.0' (NAVD 88) LL9 AIWW = ATLANTIC INTRACOASTAL WATERWAY CC = CONTROL CORNER ECM = EXISTING CONCRETE MONUMENT (FOUNDXCONTROL CORNER) DP = EXISTING IRON PIPE (FOUND) OR - EXISTING IRON ROD (FOUND) EMN = EXISTING MAGNETIC NAIL (FOUND)(CONTROL CORNER) EPK = DOSTING PARKER-KALON NAIL (FOUND)(CONTROL CORNER) ERRS - EXISTING RAILROAD SPIKE (FOUND) MBL - MINIMUM BUILDING UNE B NMP - NON MOF WAY POINT R/W SCM - SET CONCRETE MONUMENT (CONTROL CORNER) SIP - SET IRON PIPE SIR = SET IRON ROD SMN - SET MAGNETIC NAIL (CONTROL CORNER) SPK - SET PARKER-KALON NAIL (CONTROL CORNER) = CENTERLINE 1®Y = WATER METER .Iqo = FIRE HYDRANT m - WATER VALVE ® - SANITARY SEWER MANHOLE ® - CLEAN OUT ® = TELEPHONE PEDESTAL © = TELEVISION PEDESTAL © = FIBER OPTIC CABLE MARKER * = LIGHT POLE 'O., = POWER POLE dN = POWER LINE ® - ELECTRIC TRANSFORMER x1.5' = EXISTING SPOT ELEVATION GRAPHIC SCALE 0 T inch = 30 ft. �'�' !!�� ACTUAL FIELD SURVEY Di4! MARCK 18, 2015 MAPPING DATE: JUNE 15, 2015 - DRAWN BY: J. HiiLM5 CHECKED BY: P-kG6ir5 FIELD BOOK: 872 PAGE: 1 c - p if 2 15 PROJECT NUMBER: 15-01-03 - SHEET / OF 2 n AL EXISTING BULKHEAD EXISTING.. - FINGER PIER EXISTING BULKHEAD 3.5' EXISTING A GRADE r'r�Lt--- 'TAL l� ne ,OYARDS TO BE EXCAVATED EXISTING tGRADE 5' EXISTING FINGER PIER 28' 8 TOTAL —So 118 CUBIC YARDS —3,5 TO BE EXCAVATED Uuuuu4 CARO 11 vEo Q AS - AL L-2981 :b �'c SEp �c� �� apt NIA SUR„ FRAViO .01 CHARLES F. RIGGS /ASSOCIATES, INC. (c-73o) IIII LAND SURVEYING - CONVENTIONAL 81 GLOBAL POSITIONING SYSTEMS, LAND PLANNING & COMPUTER MAPPING 502 NEW BRIDGE STREET LANDFALL EXECUTIVE SUITE 217 P.O. BOX 1570 1213 CULBRETH DRIVE JACKSONVILLE, NC 28540-1570 WILMINGTON, NC 28405 TELEPHONE: (910) 455-0877 TELEPHONE: (910) 681-7444 E—MAIL: riggsland®bizec.rr.com HORIZONTAL & VERTICAL GRAPHIC SCALE BOUNDARY & TOPOGRAPHIC SURVEY FOR CAROUNA AMERICAN PROPERTIES, UC LOT 1, BLOCK B, CHADWICK ACRES, M.B. 22, P. 233 STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NORTH CAROLINA CAROLINA AMERICAN PROPERTIES, LLC, OWNER, D.B. 4186, P. 542 206 SINGLETON STREET k LA 2 E.) 1 inch = 10 If DCPr1 U11iLU1i,y` �l1a� �t r �`j1 ACTUAL FIELD SURVEY ". MARCHI'1�, 2015 MAPPING DATE: JUNE 15, 2015 DRAWN BY: J. H15LM5 CHECKED BY: C.F. 12/GG5 FIELD BOOK: 872 PAGE: 1 . PROJECT NUMBER: 15-01-03 SHEET 2 OF 2 SURVEYED THE PROPERTY AS SHOWN HERE ACCORDANCE WITH THE STANDARDS OF PR, FOR LAND WRVEYING .M�N�O TH CAROUNA. THE R PRE CALCUUDTOgO UTI S DEP IS L•10. `,1\1111111///� ESSRo�%1�'y' � SEAL L-24@1 ••11111I11 THIS IS Tn CERTIFY THAT THE PROPERTY IS LOCATED IN FLOOD ZIXJE ICH IS A SPECIAL FLOOD HAZARD AREA A MINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND THE NATIONAL FLOOD INSURANCE PROGRAM. COMMUNITY PANEL NUMBER a= BENCHMARK: EMN ELEVATION: 3.63' VERTICAL DATUM: NAVD 88 VERTICAL DATUM OBTANED WITH TOPCON GRS USING N.C. GEODETIC CONTINUOUS OPERATING REFERENCE STATIONS ZONED R-10 ZONING SETBACKS FRONT = 20' REAR - 15' SIDE - 8' OWNERS CAROLINA AMERICAN PROPERTIES LLC A NORTH CAROLINA LIMITED UABILITY COMPANY P.O. BOX 3342 CHAPEL HILL. NC 27514 TITLE SOURCE D.B. 4186, P. 542 e c °s TAX ID UL-:15% iI0 I D.B. 4186, P. 542 M.B. 22, P. 233 LINE TABLE LINE III LENGTH DIRECTION L7 6.36' S70'02'28"W L2 19.82' N0331'46'E L3 23.78' N5939'29'W L4 26.32' S7744'16"W US 43.29' N71'36'58W Lb 52.16 N5526'34W L7 4.52' N23'01'55'W LB 30.49' S663428'W L9 41.11' N23'4r50'W L10 29.70' S62'57'21'W L71 19.87' N22'29'24W R/W DIST EIP 'r Z EIR A\ RIG,7 NOW OR FORMERLY ` I 3 EDDIE R. CREECH & WIFE m a EMILY CREECH rz 5777 FARMSTEAD RD N BAILEY, NC 27807 I LOT 2B D.B. 1412, P. 235 200-B SINGLETON ST. U � J LL1 0° LLJ F, I Cn J 2 Z Q oa J v Z � in 0 I _I CA INTERSECTION OF GRANT STREET & SINGLETON STREET ATLANTIC INTRACOASTAL WATERWAY s . SILT FENCE +fin < � FLOOD ZONE "VE" / o (ELEVATION=10.0'+2') S OIL PILE W EIP RI �' � gppROXIMAIE FLOOD LINE 1 � I FLOOD ZONE "AE" 4.7' I (ELEVATION=9.0'+2') z \ \ TO CONCRETE DRIVE ,4-- I S6PSr1D"W EIR ' 69.08' EIR 35.11' 34.78' EIP 1 N61'53'5 20INGRESS, EGRESS EASEIjENT M.B. 22. P. 233 I NOW OR FORMERLY GREGORY G. MANNING s _ i _..... RAT, Fo d Q CHARLES F. RIGGS & ASSOCIATES, INC. (C-730) LAND SURVEYING - CONVENTIONAL & GLOBAL POSITIONING SYSTEMS, LAND PLANNING & COMPUTER MAPPING ' 502 NEW BRIDGE STREET LANDFALL EXECUTIVE SUITE 217 P.O. BOX 1570 1213 CULBRETH DRIVE JACKSONVILLE, NC 28540-1570 WILMINGTON, NC 28405 n TELEPHONE: (910) 455-0877 TELEPHONE: (910) 681-7444 E—MAIL: riggsland®bizec.rr.com 'W Ya 10D e / L8 PROPOSED 0000 �T & LOT 1 SUSAN S. MANNING 8495 Sq.Ft. 2338 DICKENS RD 0.195 ACRES BROADWAY, NC 27505 ABOVE HIGH WATER LOT 3 D.B. 3136, P. 134 184 SINGLETON ST i II n I I I g � I2 i CANAL.i S IA 3 1 14' / x 4, I I I I \ ! � I 1 X13.5' 1 V_x/a• 15' RIPARIAN CORRIDOR 1 I I 11 // VGi BOUNDARY & TOPOGRAPHIC SURVEY FOR CAROUNA AMERICAN PROPERTIES, LOT 1, BLOCK B, CHADWICK ACRES, M.B. 22, P. 233 STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NORTH CAROLINA CAROLINA AMERICAN PROPERTIES, LLC, OWNER, D.B. 4186, P. 542 206 SINGLETON STREET �'' VICINITY SKETCH NOT TO SCALE NOTES TOTAL SHORELINE LENGTH: 247' WHITE OAK RIVER BASIN OUTSTANDING RESOURCE WATERS LOW WATER = 0.0' (NAVD 88) AIWW = ATLANTC INTRACOASTAL WATERWAY CC = CONTROL CORNER ECM = EXISTING CONCRETE MONUMENT (FO WXOONTROL CORNER) EIP = EXISTING IRON PIPE (FOUND) OR = EXISTING IRON ROD (FOUND) EMN EXISTING MAGNETIC NAIL (F(UND)(CONTROL CORNER) EPK = EXISTING PARKER-KALON NAIL (FOUNDXCONTROL CORNER) J ERRS = EXISTING RAILROAD SPIKE (FOUND) B MBL = MINIMUM BUILDING LINE NMP NON MONUMENTED POINT R/W = RIGHT OF WAY SCM SET CONCRETE MONUMENT (CONTROL CORNER) SIP SET IRON PIPE SIR = SET IRON ROD SMN = SET MAGNETIC NAIL (CONTROL CORNER) SPK >• SET PARKER-KALON NAIL (CONTROL CORNER) = CENTERUNE T�®-{ WATER METER sqo FIRE HYDRANT m WATER VALVE ® - SANITARY SEWER MANHOLE ® - CLEAN OUT ® = TELEPHONE PEDESTAL © - TELEVISION PEDESTAL ® = FIBER OPTIC CABLE MARKER >•} - LIGHT POLE °Oa = POWER POLE (M = POWER LINE ® = ELECTRIC TRANSFORMER RECEIVED X1.5' - EXISTING SPOT ELEVATION GRAPHIC SCALE JUL 08 2915 ( LNter) = 1 inch = 30 ft. DCM WILMINGTON, NC IIII IInnII ��nn LLC MAPPING GFIELD S RVEY1DfiTE. 3IA015, 2015 DRAWN BY: J. HFLM5 CHECKED BY: C.F. l2/CrG,S FIELD BOOK: 872 PAGE: 1 PROJECT NUMBER: 15-01-03 SHEET —I OF 2 EXISTING AL o.oEXISE _JA TOTAL 116 CUBIC YARDS TO BE EXCAVATED B EL EX ST NG FINGER PIER 26' )OSTING GRADE B TOTAL 118 CUBIC YARDS TO BE EXCAVATED �`p. CARD FESS%' y s - SEAL - SURT RECEIVED JUL 0 S 7015 HORIZONTAL & VERTICAL GRAPHIC SCALE BOUNDARY & TOPOGRAPHIC SURVEY FOR CAROUNA "ERICAN PROPERTIES, LOT 1, BLOCK B, CHADWICK ACRES, M.B. 22, P. 233 STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NORTH CAROLINA CAROLINA AMERICAN PROPERTIES, LLC, OWNER, D.B. 4186, P. 542 206 SINGLETON STREET DCM WILMINGTON, INC ACTUAL 1 inch = 10 it. ��1l11���� tt ARCFF'��77 77nn T C MAPPNGFDATE: IELD SJU EY15, 2015��, 2015 DRAWN BY: J. NELMS CHECKED BY: C.P. 06iG5 FIELD BOOK: 872 PAGE: 1 PROJECT NUMBER: 15-01-03 SHEET 2 OF-2-