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HomeMy WebLinkAbout72-15 Clark & DenisonPermit Class NEW Permit Number 72-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to John Clark and Mary Denison, 507 Pendleton Street, Alexandria, VA 23314 Authorizing development in New Hanover County at adi. Cedar Island Basin, 8 Cedar Island, off Greenville Sound Loop Rd.. , as requested in the permittee's application dated 3/20/15, incl, attached workplans (6) 1-4 of 4 dated 3/15/15 and S1 and S2 dated 3/12/15. This permit, issued on July 2, 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 )e suoijecr to ties, imprisonment or crvrr action; or may cause tire perrnrt ru oe nun auu vuiu. Excavation 1) No excavation shall take place at any time in any outside of the area indicated on the attached workplan drawing(s). 2) Excavation shall not exceed -6 feet below the normal low'water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) To prevent unnecessary siltation into the adjacent water body, a turbidity curtain shall enclose the area to be excavated, and a 24 hour period after completion of excavation shall elapse prior to removal of the curtain. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. txtdA C. Davis, Director of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee John Clark and Mary Denison Permit #72-15 ' Page 2 of 5 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized 5) All excavated materials shall be confined above normal 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., 6) No spoil material is to be placed within 30 feet of the normal high water line Maintenance Clause 7) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any future maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. & 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. Docking Facility 8) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating ,or stationary, shall become _ a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 9) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 10) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 11) The authorized boathouse shall be single story, and shall not be designed to allow for second story use. 12) 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. John Clark and Mary Denison ADDITIONAL CONDITIONS Permit #72-15 Page 3 of 5 13) 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. 14) 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. 15) This permit authorizes a maximum of formalized 5 boat slips. Shoreline Stabilization 16) The alignment of the authorized bulkhead, riprap and marsh protection sills shall adhere to the alignment shown on the attached workplan drawings. 17) The alignment of the bulkhead, riprap and marsh protection sills shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 18) The marsh protection sills shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above normal high water level. 19) Each of the two authorized marsh protection sills shall incorporate at least one five-foot wide drop -down or opening. 20) The height of the two marsh protection sills shall not exceed 12 inches above the normal high water level. 21) All riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 22) All riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. 23) The bulkhead shall be constructed prior to any backfilling activities. 24) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 25) 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. 26) The backfill material shall be clean and free of any pollutants except in trace quantities. All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. John Clark and Mary Denison Permit #72-15 ' Page 4 of 5 ADDITIONAL CONDITIONS 27) 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 permitted bulkhead. EROSION & SEDIMENTATION CONTROL NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 28) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 29) 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.). 30) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. General 31) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 32) 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. 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 structures. 33) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 34) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. John'Clark and Mary Denison Permit #72-15 Page 5 of 5 ADDITIONAL CONDITIONS 35) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 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 U.S. Army Corps of Engineers has assigned the proposed project COE Action ID. No. SAW-2015-00503. NOTE: The N.C. Division of Water Resources authorized this project by way of General Water Quality Certification No.3900 (DWR Project No. 15-0358), which was issued on 5/18/15. 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. ucM Mr-1 APPLICATION for Major Development Permit (last revised 12127206) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Carolina Marine Construction, Inc. Project Name (if applicable) Clark Applicant 1: First Name John MI R Last Name Clark Applicant 2: First Name Mary MI B Last Name Denison If additional applicants, please attach an addifionel page(s) with names listed. Mailing Address 507 Pendleton St PO Box city Alexandria state VA ZIP 23314 Country USA Phone No. 910-233-5305 ext. FAX No. Street Address (if different from above) 760 State ZIP Email 2. Agent/Contractor Information Business Name Carolina Marine Construction, Inc. Agent/ Contractor 1: First Name MI Last Name Michael B Conard Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 6400-8 Carolina Beach Rd. #212 Wilmington NC ZIP Phone No. 1 Phone No. 2 28428 910-470-6610 aid. 910 - 793 -4143 ext. FAX No. Contractor # NC#58629 Street Address (d ddferent from above) City State ZIP 4925 Red Heart Dr Wilmington INC 28412 - Email RECEIVED carolinamadneconstruction@charter.net REGEIVtU 'f,L!"�-1CH9 C!TY DCM WILMINGTON, NC <Form continues on back> MAR 2 0 2015 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.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. # New Hanover 8 Cedar Island Subdivision Name State Zip #8 Cedar Island rwillynnington NC 28409 - Phone No. Lot No.(s) (rf many, attach additional page with list) - - ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Cedar Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade []Unknown Masonboro Sound 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. Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.R.) 9901, 115,434 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) T ®NHW or ❑NWL e. Vegetation on tract Pines,Oaks, Palms, Shrubs, Grass, Coastal Wetlands f. Man-made features and uses now on tract (3) Story wood house, pool, existing deteriorated pier, dock and bulkhead g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> APR 15 1015 RECEIVED DCM WILMINGTON, NC per._wna 4rt0 15 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. City / CFPUA o. Describe existing drinking water supply source. City/CFPUA p. Describe existing storm water management or treatment systems. Surface run-off 5. Activities 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. The sill, rip rap and bulkhead are to protect the property from storms and erosion. The (2) docks and elevated ramp wll be used for recreational boating, sailing, kayaking, fishig, swimming, etc. 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. A long reach excavator mounted on a barge with bin walls will be used to install piles, rip rap and dredge. Bobcat skid steer loaders will be used for backfill. Standard construction methods to be utilized. d. List all development activities you propose. Install approximately 200' of rip rap, 225' of marsh sill, 136' of vinyl bulhead, approximately 141Y of wooden bulkhead. Excavate 491 cubi yards of spoil, install 10k lb boat lift, construct (1) new 6' x 49 and (1) 8' x 40' floating dock, 6' x 24' fixed pier, and relocate existing ramp. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 13,170 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVE Surface run-off APR 13 1 i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mkigation proposal. 0 <Form continues on back> RECEIVED DCM WILMINGTON, NC MAR 9 II5 252-808-2808 .. 1-888.4RCOAST .. www.nccoastalmanagement. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit & Additionalklifonnadon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name John C. Etal Byrnes IV Trustees Phone No. 828-467-7238 Address 2631-314 NE le Ave. Ft. Lauderdale, FL 33334 Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, parmittee, and issuing dates. GP #650931 GP #17581-D 6198 Flohr State Permit # 92-06 State Permit #130-83 Minor Permit #15-08 h. Signed consultant or agent authorization form, 'd applicable. i. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), it 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. 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 Print Name Michael Conard 1-1 Signature Zz RECEIVED Please indicate application attachments pertaining to your proposed project. APR 13 2015 ®DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts K' w. :iilom rlfS ❑DCM MP-3 Upland Development ®DCM MPA Structures Information RECEIVED DCM WILMINGTON, NC MAR 2 0 2010 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 fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 50' 14' Width 42' 29' Avg. Existing 2' NA NA +5' Depth Final Project 81 NA NA -6, Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 492 c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: Maintenance dredge of existing basin, remove high ground to enlarge basin 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. on site c. (i) Do you claim title to disposal area? ®Yes ❑No DNA (ii) If no, attach a letter granting permission from the owner e. () 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 ®None (ii) Describe the purpose of disposal in these areas: N/A to Sandy loam ❑This section not applicable d. High -ground excavation in cubic yards. 180 ❑This section not applicable b. Dimensions of disposal area. 50' x 100' d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No DNA (ii) If yes, where? Shinn Point spoil site (Shore Acres) f. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (ii) If yes, how much water area is affected? RECEIVED APR 1,120b DCM WILM NIG ON, NC DCM-MHO CRY MAR 20 252-808-2808 :: 1-888411l :: www.nccoastalmanagement.net revised: 12126106 . Form. DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ®Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: 2' / 10' / Sill 8' e. Type of stabilization material: Wood / Rip Rap / Sill g. Number of square feet of fill to be placed below water level. Bulkhead backfill 550 Riprap 223 Breakwater/Sill 1200 Other _ i. Source of fill material. Dredge, on site sand, stone brought to she b. Length: 140' / 2W / 225' Width: 2' / 1 T / 8' d. Maximum distance waterward of NHW or NWL 2710' / 8' f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. - 12" wave action h. Type of fill material. Clean sand 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? Material to be excavated bucket to barge with bin walls to temporarily dewater and then be unloaded onto high ground behind sift fence. 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. WA 3/20/15 submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ❑None (ii) Describe the purpose of the fill in these areas: N/A b. What type of construction equipment will be used (e.g., drac backhoe, or hydraulic dredge)? Excavator mounted on barge with bin walls. Biodegradable hydraulic oil only. RECEIVED d. (i) Will wetlands be crossed in transporting equipment lWPproj1J 2015 site? []Yes ®No ❑NA r,►rr wi,'. P!,w (ii) If yes, explain steps that will betaken to avoid or minifi¢0 environmental impacts. N/A Date Michael Conard Clark Applicent Nam DCM nWILMINGTON, NC Project Name wk R 2 0 t-W Applicant Signature 252-808-2808 :: 1-888-4RCOAST :: vvww.nccoastalmanaaement.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 ❑PublictGovemment ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 6' (iv) Width 24' (v) Floating ❑Yes ❑No e. () Are Platforms included? ®Yes []No If yes: (ii) Number 2 (iii) Length 6/ 8' (iv) Width 49 (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 5 (ii) Number of slips existing 3 I. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: 25' m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? (2) sets of dolphins (6 piles) ❑This section not applicable h. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ❑Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes []No f. (1) Are Boatlifts included? ®Yes []No If yes: (ii) Number 1 (iii) Length 14' (iv) Width 12' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 5 ❑ Dry storage; number of boats: ® Boat ramp(s); number of boat ramps: 1 elevated/relocated ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open center console, sail boats, run abouts, kayaks RECEIVED APR 13 1015 GCI01-1b1gt7 erm I. (i) Will the facility be open to the general public? ❑Yes ®No RECEIVED DCM WILMINGTON, NC MAR 2 0 2015 252-808-2808 :: 1-888ARCOAST :: www.nccoastalmanaAement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACIUMMARINA 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: N/A ❑ Showers ❑ Boatholding tank pumpout; Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. N/A C. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A e. (i) Give the location and number of "No Sewage Discharge" signs proposed. N/A (ii) Give the location and number of'Pumpout Available" signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. N/A i. Give the location of fuel -handling facilities, and describe the safety measures planned to prated area water quality. N/A j. What will be the marina policy on overnight and live -aboard dockage? N/A k. Descdbe design measures that promote beat basin flushing? RECEIVED Tie into connecting water depth APR f q Y015 mlm-mlmn ctm I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A RECEIVED m. Is the manna/docking facility proposed within a primary or secondary nursery area? DCM WILMINGTON, NC ®yes ❑No MAR 2 0 2015 252-808.2808 :: 1•888-4RCOAST :: w .mccoastalmanagiement.net revised: 12/27106 Form. DCM 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 OWL ®None p. Is the proposed marinaldocking 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 dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NAIL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands & MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED APR 13 2015 RECEIVED CITY DCM WILMINGTON, NC MAR 2 0 W5 252-808.2808 :: 1-888-4RCOAST :: vvvvw.nccoastalmanaaement.net revised: 12/27/06 ,Form.DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. > 15' > 100' + Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 112' / 120' e. (i) Will navigational aids be required as a result of the project? ❑Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL -6' MLW & OTHER []This section not applicable a. Give complete description: Narrative Attached. Elevated ramp dimensions are: 14' x 30' 3/20/15 Date Clark Project Name Michael Conard Applicant N Applicant Signature oFCEIVED A"" 1 112015 r'(-AA.MHD CITY RECEIVED DCM WILMINGTON, NC MAR 2 0 2015 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/27/06 I i Ct-,aaNc ( qr— Kit, o*^ ( 1 I T r l �'t rO?06e O oOtUA -fo' Mt-f✓ f z 5C43 o� 3 ro55 5cc'+i0d 'j A.j to qv /1Jtu1 yy J�Iti�!ad RECEIVED APR 1 12015 bem4mmn CRY RECEIVED DCM WILMINGTON, NC MAR 2 0 2015 4e`v t�@rv�v��ir N6, 51 CrUS$ 5Cd7vA) E �itSG e� Do(�j �h�n��c 3� V; f' t MAW L`XTS�7uc� �v44om 5ivAk .)j q SrsyGc ! "= to n I �o tFos� 1 � C yZrsa.: c y o-v3 C fie'Qrr&�- 64 e.-J f T kwd v,.^yI ;IvkeA _ �I•IS _y'AV3. -G' m6Li F?A hr- ud RECEIVED APR 13 I015 CCl7 "'pin rily RECEIVED DCM 1NWMIW4DTON, NC DCM WILMINGT,(yJ,NC MAR 2 0 LUID MAR 2 0 2015 10 "per I f rip rRp I I Cross �eZ.:�'a�na 1� 41 z� UJ E 1 c 1 4 P le /! z xG Frj* f 1 ------ RECEI144ofy- i E APR 13 1015 e ; ' t'l-wra-r<�lur rna RECEIVED E Cib DCM WILM NGTON, NC RECEIVED MAR 20 2015 DCM WILMINGTON, NC, MAR 2 0 20I5 14 6i..1.. • la P: v, 210D LUM Km Km Existing m Sim 0 m & Pilings 22 C=> IT S 0 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 R y TO A TEMONOF. July 14, 2015 Regulatory Division Action ID No. SAW-2015-01024 and State Permit No. 72-15 Mr. John Clark and Ms. Mary Denison 507 Pendleton Street Alexandria, Virginia 23314 Dear Mr. Clark and Ms. Denison: Reference your application for a Department of the Army permit to replace an existing failing bulkhead with new shoreline stabilization (vinyl bulkhead, marsh sill and rip -rap shoreline), reconfigure an existing dock and basin dredging to -6' MLW at #8 Cedar Island in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.18659 N,-77.83579 W. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State .of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. RECEIVED JUL 17 106 It IPA Questions or comments may be addressed to Mr. Tyler Cr unbley, Wilmington Field Office, Regulatory Branch, telephone 910-251-4170. Sin fe1 `Z . a-ltl� Tyler Crumbley Regulatory Project Manager Enclosures: CAMA permit GP 291 conditions Copy Furnished (with enclosures): Mr. Michael Conard Carolina Marine Construction, Inc. 6400-8 Carolina Beach Rd. #212 Wilmington, North Carolina 28428 Copies Furnished (without enclosures): Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Morehead City Regional Office RECEIVED North Carolina Division of Coastal Management 400 Commerce Avenue JUL 17 1015 Morehead City, North Carolina 28557-3421 WVW-"hu CWK -3- Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector NC Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 RECEIVED JUL 17 1015 agu.rwa CiT.. SPECIAL CONDITIONS SAW-2015-01024 1. All material excavated must be disposed of entirely in uplands. 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 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. 4. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 5. 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 U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 6. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 8. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 9. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in aECEivEo the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or IUL 19 10� 000,4,a 0K4 f wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 10. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 11. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 12. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. RECEIVED JUL 17 Y05 t 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington_ Field Office, Regulatory Division, telephone (910) 251-4170. N (DomesticOnly; Ir 7 to FL lgWifF' 3 P ru CO Postage $ _ _ ._.. }01 ti Certliled Fe - 1 , yl C C D ru C3 RetumReceiptFee ON, NC°n8* C3 (Endorsement Required) $2.7fi ere f7 C3 ResMded Delivery Fee (Endorsement Required) I,) , 5 ru C3 Total Postage & Fees $ $k, its 071/20/201 j m m 191 ent To M1 Sheet,ZIJ_�1/-ft'/ orPoBorNo.__. .a6.2_._� .................,_t..____....__.____ 11_..CK ._IVA Act ............ CRY, Stare, P+4 PS Form rr August 2006 Fl See Reverse (or Instructions ■ Corr ie items f, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A. Signs r X' ❑ Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, A. Re ived (Pri d Name) C. Date of Delivery or on the front if space permits. D. Is delivery address idiferent from item 17 ❑ Yes Wlo 1. Article Addressed to: I If YES, enter delivery address below: J o�,, C IV 1'3 LAPR 6 JA ,K yrtvo ,/�� �y�� 3 111 / 3. Service Type L(Certified ❑ Priority Mall Express' Mail- ❑Registered ❑ Mail 0 Return Receipt for Merchandise onDeliInsured ❑Collect on Delivery 4. Restricted Delivery? (Extra Fas) ❑ Yes 2. Article Number (Transfer from service labeq PS Form 3811. July 2013 3020 0001 2828 4977 Domestic Retum Receipt RECEIVED JUN 0 UL'� IV,AM I^a irr MD NR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary July 2, 2015 John Clark Mary Denison 507 Pendleton Street Alexandria, VA 23314 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 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 gSincerely, ov v �W� Don las V. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity/ Affirmative Action Employer DCM Coordinator: 0 I-� MAILING DISTRIBUTION SHEET Permit #• -7 n r, / W,, / l / TWO oioll �5 Ilnti DCM ]Field Offices Elizabeth City Morehead City Washington Wilmington✓ US ACOIE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine ]Fisheries: NC DOT: Shellfish Sanitation: State Property: Water Quality: Washington: Wilmington: Wildlife Resources: LP®: Fax Distribution: Pticti aw Pd 8o,V" ZI Z (with revised work plan drawings) w, Jrr '/ /" G 2�yz� Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbly LZ" Renee Gledhill -Early ✓ ' Diane, Williams (WIRO)-/ Joey White (WARO) Shane Staples 1/ Ken Pace lI/ Patti Fowler bl Tim Walton c/ Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Scarbraugh-401 Scott Vinson-Stormwater Joanne Steenhuis - 401 Chad Coburn - 401 Linda Lewis - Stormwater Maria Dunn (WARD) Vacant (WIRO) Permitee #: Agent #:_ 5�tin Und QmG.I �e�m.fi C(Arul'rll M.rxe 2Y'51rE/j,CA Qnw FA'fr , tiert DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: John Clark & Mary Denison COUNTY: New Hanover PROJECT NAME: Clark Bulkhead Replacement and Docking Facility Reconfiguration LOCATION OF PROJECT: 8 Cedar Island (off Greenville Loop Rd), adjacent to the Cedar Island Basin/Canal and Masonboro Sound, in Wilmington, New Hanover County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-20-I5 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs DISTRICT MANAGER REVIEW:��— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 4-11-15 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO• C 16 WC! t C) 75 DAY DEADLINE:m ( 5 MAIL OUT DATE: 4-9-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: $400 END OF NOTICE DATE: 5-2-15 DEED REC`D: ON: I S 150 DAY DEADLINE: STATE DUE DATE: 5-2-15 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) /S' Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office [/•fig-[S ✓ Division of Archives & History Division of Environmental Health [/- 30 /s V, Division of Highways Wildlife Resources Commission Local Permit Office [/-¢-/ s ✓ Division of Marine Fisheries / DCM 1 Corps of Engineers Recommendations for State Permit John Clark and Mary Denison 04/08/2015 Square footage of docks was calculated as follows: Shoreline Length = 990'x 8'= 7,920 sq. ft. (2,000 sq. ft. maximum allowed) Two (2) 40' x 8' floating docks = 640 sq. ft. Total= 640 sq. ft. It is the staffs recommendation that the proposal appears that the project is CONSISTENT with NCAC 07H .0208(b)(6), including the eight square foot rule and the pier width rule. The proposed boatlift would be located entirely over open water. The construction would provide docking space for the total up to five (5) vessels at this location. It appears that the project is CONSISTENT with the use standards set forth in 15A NCAC 7H .0208(b)(6) (G)(iii), which requires that piers not exceed one-fourth of the width of the water body (the "1 /4 rule"). It is the staffs recommendation that the proposal to fill coastal wetlands and construct a new timber bulkhead waterward of an existing dilapidated wooden bulkhead are CONSISTENT with the Rules of 15 NCAC 7H.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures states "the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of an area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from unusual geographic or geologic features. It would seem that removal of the existing dilapidated bulkhead and construction of the new bulkhead on the landward side of the area of coastal wetlands would present a greater environmental problem with potential erosion and washout during the construction process and the potential impact to the numerous Live Oak trees along this section of the property boundary. It is the staffs recommendation that the proposed excavation of the area around the existing boat basin and within Cedar Island Basin appears to be CONSISTENT with15 NCAC 07H.0208 (b)(1) and (2). It is the opinion of this office that the area for the proposed excavation is located in an area that has been historically impacted and in continuous use for docking and navigational purposes. It is the opinion of this office that the proposed marsh enhancing sills are CONSISTENT with the Use Standards for Estuarine Waters and Public Trust Areas, as set forth in NCAC 07H .0206 & .0207. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the standard marsh sill and following conditions: This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2,// 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. 3. X-� The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pier -head line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the G.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. 17 order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. Continued Recommended Permit Conditions on Next Page RECEIVED APR 13 2015 D M MM© CITY 6. This permit does not authorize the interference with any existing or proposed Federal project, and, the ('/permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7. ,Tfie permittee will maintain the authorized work in good condition and in conformance with the terms and /conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 8. L4his permit authorizes a maximum of five (5) boat slips. At no time shall more than five (5) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 9. /This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. 10. f T>6 disturbed areas will be properly graded and provided with ground cover sufficient to restrain erosion thin thirty (30) working days of project completion. 11. ny development or land disturbing activity that is considered non -water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. 12. 1 order to protect water quality, runoff from the construction must not visibly increase the amount of ✓suspended sediments in adjacent waters. 13. V The alignment of the permitted sills shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 14. ✓The permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management and the U.S. Army Corps of Engineers prior to the initiation of any work. 15. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ;ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, v diversion swales or berms, sand fence, etc.). 16. The riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken concrete. 1Z In order to protect juvenile 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 conjunction with the Division of Marine Fisheries. 18. EXXcavation will not exceed -6.0' below MLW within the basins and access channel. Continued Recommended Permit Conditions on Next Page RECEIVED APR 131015 01-"4"t!"C", The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. No excavated or fill material will be placed at any time, in any marsh or surrounding waters 21. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing / activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative �� cover. `22. All spoil material shall be placed at least 30' from mean high water. (Jr3: The disturbed areas will be properly graded and provided with ground cover sufficient to restrain erosion within thirty (30) working days of project completion. `14. Spoil area must be inspected prior to beginning work by a DCM Representative. L23 In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 26. No coastal wetlands shall be filled outside the area indicated on the attached works plans. 67_ 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 must 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. 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. 6NPTE-. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals for 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. TE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. RECEIVED APR t 4 71`115 fC!^I "HD CITY Huggett, Doug From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Tuesday, June 16, 2015 11:45 AM To: Huggett, Doug Subject: FW: SAW-2015-00503 / Clark Shoreline Stabilization and Dock Replacement / New Hanover County / CAMA Major_GP291 Attachments: CL31-2015-01024 Conditions to DCM.doc Doug, I used to send Jonathan and Daniel an electronic version of the proposed conditions so they could get started on the permit until the paper copy makes it to you .... see below: Thanks. -Tyler The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All material excavated must be disposed of entirely in uplands. 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 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. 4. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 5. 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 U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 6. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 7. the authorized structure and associated activity must not interfere with the public's right to free navigation on All navigable waters of the United States. 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 for reason other than safety. 8. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at anytime in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 9. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 10. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 11. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 12. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 17. 'Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. June 16, 2015 Regulatory Division Action ID No. SAW-2015-01024 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. John Clark and Ms. Mary Denison to replace an existing failing bulkhead with new shoreline stabilization (vinyl bulkhead, marsh sill and rip -rap shoreline), reconfigure an existing dock and basin dredging to -6' MLW at #8 Cedar Island in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.18659 N,-77.83579 W. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All material excavated must be disposed of entirely in uplands. 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 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. 4. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, 6►pa or other elements of the aquatic environment. 5. 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 U.S.,Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 6. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 8. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 9. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 10. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 11. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants 992 except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 12. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Sincerely, i! Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Copy Furnished Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georigia 30303-8960 Chad Coburn Division of Water Resources North Carolina Department of Environment, -5- Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 PIMA NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 18, 2015 Mr. John Clark Ms. Mary Denison 507 Pendleton Street Alexandria VA 23314 Subject Property: 8 Cedar Island — Wilmington Donald R. van der Vaart Secretary New Hanover County DWR Project #: 15-0358 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Clark & Ms. Denison, You have our approval, in accordance with the attached conditions to impact 0.003 acres (130 square feet) of wetlands and 0.159 acres of open waters (6,922 square feet) in order to replace an existing bulkhead and reconfigure an existing private docking facility as described in your application received by the N.C. Division of Water Resources (D)ATR) on April 13, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). . This Certification allows you to use the Regional General Permit #198000291 (GP 291) when issued by the U.S. Army Corps of Engineers and the CAMA permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can also be found on line at: http://portal.nedenr.ore/web/wq/swp/ws/401/cei-tsandperinits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. n k( g(rt P& r� g( F g[� `1y7� ( � Ulf ['r pi`Ctf ,�;K� t P3 �'^ ��' P� r 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 �` d� - Phone: 910-796-72M Internet: www.nedenr.gov An Equal Opportunity i ARrmalive Action Employer — Made in pal by recycled paper 2 Clark/Denison Bulkhead New Hanover County 2015-0358 The Additional Conditions of the Certification are: 1. The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Wetlands 0.003 acres (130 square feet) CAMA Major Permit Application Open Water 0.159 acres (6,922 square feet) CAMA Major Permit Application 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion. control measures and stormwater routing and treatment shall be on site at all times. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. I�kr.�� Ls 3 Clarli/Deruson Bulkhead New Hanover County t 2015-0358 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWR. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral, and Land Resources has released the project. 5. Turbidity The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 6. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 7. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permits. You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.com or call (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431-3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. 4 Clark/Denison Bulkhead New Hanover County 2015.0358 Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel, Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is riled, this Certification shall be final and binding. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. S' cerely_'l TI' J gson, Region Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR RECEIVED JUL 01 1015 Enclosures: Certificate of Completion 0404ANO GC 3900 cc: Michael Conard — Carolina Marine Construction, 6400-8 Carolina Beach Road, Wilmington, NC 28428 T } Jonathan Howell — DCM Morehead City r tt d' Robb Mairs — DCM Wilmington 1t Tyler Crumbley — USACE Wilmington Field Office 401 & Buffer Permitting Unit — FILE COPY WiRO' Certification of Comp&eflon DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification,,and Buffer Rules,�eiapproved plans and specifications, and other supporting materials. E: , �1 ✓;i r. y- Signature: Registration No. r �., DateF--M I f 2 s //AAIYA��'� Q4 95_EWIR North Carolina Department of Environment and Natural Resource Pat McCrory Governor April 9, 2015 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Shane Staples . Fisheries Resource Specialist DCM - WaRO Donald R. van der Vaart Secretary RECEIVED APR .14 2015 10CM-1171sherles waao Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA /D&F Permit Application Review John Clark and Mary Denison Project Location: 8 Cedar Island (off Greenville Loop Rd.), adjacent to the Cedar Island Basin/canal, in Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing bulkhead with new shoreline stabilization, and to reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and reibrn this form to Jonathan Howell at the address above by May 2, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. [/This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C; Divislon of Coastal Management 127 Cardinal Drlve Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: wv yr nccoastalmanaoement.net An Equal Opporlunhy \A8lrma6ve Action Employer l � k KKR` North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Jonathan Howell, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: John Clarke and Mary Denison, 8 Cedar Island DATE: 5/1/15 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 proposed to construct a timber bulkhead along the NW shoreline of the property along with improvements to an existing boat basin. Along the southern boundary of the property a rip -rap revetment is to replace the existing vertical bulkhead and at the southern and eastern boundaries of this rip -rap sills are proposed to enhance marsh habitat. The waters in the area of the proposed project are classified by the Division of Marine Fisheries as a Primary Nursery Area (PNA) meaning the area has been deemed critical to the development and growth of larval and juvenile fish and shellfish. The amount of soft bottom that would be impacted by the proposed marsh sill would be excessive. The fill proposed from the construction of these sills greatly exceeds marsh habitat that could be protected or created and already exists without the sill and only represents a habitat trade off not enhancement. Also both in both locations where the sills are proposed they are redundant erosion control structures. With the exception of peak high tide when the sill is over washed the gaps to allow for fish and other organisms to reach the marsh habitat behind the sill are minimal. I would suggest either removing the sills or removing the redundant stabilization behind the sills to allow more marsh to exist. If the sills are left in place additional openings of at least 5ft should be incorporated at the ends of the sills to allow organisms to access the area behind the sill and allow for sediment flushing. Also, should the sills be permitted the height should not exceed +3.5' MLW as the shown on the plats and not 3.5' MHW as described in the project narrative. The proposed excavation near thg boat basin improvements should be contained by a turbidity curtain to prevent excessive sedimentation that could negatively affect organisms and nearby habitats. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenrgoov with further questions or concerns. 1601 Mail Service Center, Raleigh, Noah Carolina 27699-1601 Phone: 919-707-86001Internet: www.ncdenr.gov An Equal Oppmduniry lAmrma6vePLtian Employer —Made In pad by racycled paper .1% Wu Huygett, Dou From: Staples, Shane Sent: Monday, June 22, 2015 9:52 AM To: Huggett, Doug Cc: Bodnar, Gregg Subject: RE: projects Attachments: Ery Kehaya, 2307 Middle Sound Loop Rd.pdf, Jetter Lewis Oak Island.pdf, Franklin McLeod, III Topsail Beach.pdf; Jeff Nathan, Hewletts Creek.pdf; Sean O'Leary.pdf; Henry Loyns et al.pdf, John Clarke and Mary Denison, 8 Cedar Island.pdf Doug, I attached all the comments. Ery Kehaya, Jeff Nathans, and Clark and Denison are approves with modification/objection. The rest are no comments. Ery Kehaya —The enlarged dredge footprint could cause additional marsh erosion Jeff Nathans —there plain and simple isn't enough water at all for a formalized boat facility along with the abundant oysters in the area Clark and Denison — I know it a living shoreline "kind of project but the amount of fill for the marsh protected seemed excessive. Of the three projects I had comments on here this one I probably don't have as strong a feeling about. The other two I do feel strongly about the other two. From: Huggett, Doug Sent: Sunday, June 21, 2015 2:10 PM To: Staples, Shane; Bodnar, Gregg Cc: Huggett, Doug Subject: projects Guys I was just checking up on the active major permit files in Jonathans office, and I need to ask about status of your fisheries comments on several projects. I imagine that comments on many of these were probably already e-mailed to Jonathan, but he never got them into the files, so if you could re -send those to me, I would appreciate it. The projects are as follows Jetter Lewis - Brunswick Franklin McLeod — Pender Jeff Nathan — NHC Ery Kehaya — NHC Clark and Denison — NHC Sean O'Leary —NHC Henry Lyons — Brunswick G7 I appreciate the help. If you have any questions, give me a shout. Also, I have a funeral to go to late Monday AM (6/22) so no staff meeting this week. Doug Huggett, Doug From: Sent: To: Cc: Subject: Hi All Hope you are doing OK. Huggett, Doug Sunday, June 21, 2015 2:18 PM Coburn, Chad; Steenhuis, Joanne Gregson, Jim; Huggett, Doug CAMA projects As you may know, I am handling all CAMA major permitting right now, with both Jonathan Howell and Daniel Govoni having taken otherjobs within DCM as of June V. So for the time being, could you send all CAMA-related permitting correspondence to me. I will let everyone know when I get new staff on board. Also, I would like to ask for a status update on the following two projects (I apologize if comments on one or both of these were already e-mailed to Jonathan, but he never got them into the files, so if you could re -send those to me, I would appreciate it). Kim Quinn, Pender Clark and Denison — NHC As always, if I can answer any questions or provide any additional information, please don't hesitate to let me know. Thanks Doug Huggett, Doug From: Huggett, Doug Sent: Sunday, June 21, 2015 2:10 PM To: Staples, Shane; Bodnar, Gregg Cc: Huggett, Doug Subject: projects Guys I was just checking up on the active major permit files in Jonathans office, and I need to ask about status of your fisheries comments on several projects. I imagine that comments on many of these were probably already e-mailed to Jonathan, but he never got them into the files, so if you could re -send those to me, I would appreciate it. The projects are as follows Jetter Lewis - Brunswick Franklin McLeod — Pender Jeff Nathan — NHC Ery Kehaya — NHC Clark and Denison— NHC Sean O'Leary — NHC Henry Lyons — Brunswick I appreciate the help. If you have any questions, give me a shout. Also, I have a funeral to go to late Monday AM (6/22) so no staff meeting this week. Doug DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO Arl'Bn`uw oP: June 16, 2015 Regulatory Division Action ID No. SAW-2015-01024 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. John Clark and Ms. Mary Denison to replace an existing failing bulkhead with new shoreline stabilization (vinyl bulkhead, marsh sill and rip -rap shoreline), reconfigure an existing dock and basin dredging to -6' MEW at #8 Cedar Island in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.18659 N,-77.83579 W. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All material excavated must be disposed of entirely in uplands. 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 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. 4. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. RECEIVED JUN 18 2015 uw:or-uanu �� -2- 5. 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 U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 6. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 8. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 9. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 10. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. RECEIVED JUN 18 1015 c,N,;W;-lwn4J i:IAM -3- 11. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 12. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. RECEIVED JUN 19 2015 L;*--,"-#AHH F`µp -4- 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Copies Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Sincerely, a . a,/L/e Tyler Crumbley, Project Manager Wilmington Regulatory Field Office RECEIVED JUN 191015 GAO-iWhA-1 '�.4) -5- Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georigia 30303-8960 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JUN 19 2015 �:nu-uan� Uux a Huggett, Doug From: Coburn, Chad Sent: Monday, June 22, 2015 9:52 AM To: Huggett, Doug; Steenhuis, Joanne Cc: Gregson, Jim Subject: RE: CAMA projects Hey Doug, Hang in there! Clark & Denison was issued on May 15" and the DWR had no objections as far as I can recall. I do not see the file right off hand but I'll see if I can scan it in and email'it. I'll try to make sure to copy you on anything I send up your way. Chad YYC' V Chad Coburn, Senior Environmental Specialist NC Division of Water Resources Water Quality Regional Operations Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910-796-7379 email: chad.coburn@ncdenr.aov 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. From: Huggett, Doug Sent: Sunday, June 21, 2015 2:18 PM To: Coburn, Chad; Steenhuis, Joanne Cc: Gregson, Jim; Huggett, Doug Subject: CAMA projects i:1"T Hope you are doing OK. As you may know, I am handling all CAMA major permitting right now, with both Jonathan Howell and Daniel Govoni having taken other jobs within DCM as of June V. So for the time being, could you send all LAMA -related permitting correspondence to me. I will let everyone know when I get new staff on board. Also, I would like to ask for a status update on the following two projects (I apologize if comments on one or both of these were already e-mailed to Jonathan, but he never got them into the files, so if you could re -send those to me, I would appreciate it). i- Kim Quinn, Pender Clark and Denison — NHC As always, if I can answer any questions or provide any additional information, please don't hesitate to let me know. Thanks Doug Huggett, Doug From: Coburn, Chad Sent: Monday, June 22, 2015 9:55 AM To: Huggett, Doug; Steenhuis, Joanne Cc: Gregson, Jim Subject: RE: CAMA projects Attachments: 8 Cedar Island (2).pdf See attached Chad Coburn, Senior Environmental Specialist NC Division of Water Resources Water Quality Regional Operations Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910-796-7379 email: chad.coburn@ncdenr.gov 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. From: Huggett, Doug Sent: Sunday, June 21, 2015 2:18 PM To: Coburn, Chad; Steenhuis, Joanne Cc: Gregson, Jim; Huggett, Doug Subject: CAMA projects Hi All Hope you are doing OK. As you may know, I am handling all CAMA major permitting right now, with both Jonathan Howell and Daniel Govoni having taken other jobs within DCM as of June 1". So for the time being, could you send all CAMA-related permitting correspondence to me. I will let everyone know when I get new staff on board. Also, I would like to ask for a status update on the following two projects (I apologize if comments on one or both of these were already e-mailed to Jonathan, but he never got them into the files, so if you could re -send those to me, I would appreciate it). Kim Quinn, Pender Clark and Denison — NHC As always, if I can answer any questions or provide any additional information, please don't hesitate to let me know. Thanks Doug NC®ENR rV North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 18, 2015 New Hanover County DWR Project #: 15-0358 Mr. John Clark Ms. Mary Denison Pendleton Street Ale � E E C 0 P Y Alexandria VA 23314 Subject Property: 8 Cedar Island — Wilmington Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Clark & Ms. Denison, You have our approval, in accordance with the attached conditions to impact 0.003 acres (130 square feet) of wetlands and 0.159 acres of open waters (6,922 square feet) in order to replace an existing bulkhead and reconfigure an existing private docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on April 13, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the Regional General Permit #198000291 (GP 291) when issued by the U.S. Army Corps of Engineers and the CAMA permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can also be found on line at: htto://portal.ncdenr.or web/wq/swp/ws/401/certsandpennits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Q ., t��,c. �1!Q „'; C+'tea, ( yv m e "t 127 Cardinal Drive Extension, Wilmington. Noah Carolina 2 k 116 ' Phone: 910-796-72151Internet: www.nodenr.gov M Equal opportunity I Affirmabyekbon Empbyer- Made in pad by recycled paper 2 Cfark/Denison Bulkhead New Hanover County 2015-0358 The Additional Conditions of the Certification are: I. The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount A roved (Units) Plan Location or Reference Wetlands 0.003 acres (130 square feet) CAMA Major Permit Application Open Water 0.159 acres (6,922 square feet) CAMA Major Permit Application 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3 Clark/nenison Bulkhead New Hanover County 2015-0358 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWR. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral, and Land Resources has released the project. 5. Turbidity The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 6. The applicam/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 7. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permits. You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.com or call (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431-3100, provided the original and' one copy of the petition is received b ytthe Offiice,.o Adrni-mistrative Hearings within five (5) business days following the faxed trap s ton. use" W Ulm t. Lri r �j l "W'' ' 41 Clark/Denison Bulkhead New Hanover County 2015-0358 Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel, Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. S' cerely_i1 TI' J egson, Region Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosures: Certificate of Completion GC 3900 cc: Michael Conard — Carolina Marine Construction, 6400-8 Carolina Beach Road, Wilmington, NC 28428 Jonathan Howell — DCM Morehead City Robb Mairs — DCM Wilmington Tyler Crumbley — USACE Wilmington Field Office 401 & Buffer Permitting Unit — FILE COPY WiRO Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401.Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be . returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Date: hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification,and Buffer Rules; eapproved plans and specifications, and other supporting materials. ; FFT ' ` ' •.• �'! �_' ` i" • to �1 L ]t' �y� 6� l� �: �,�.i Signature: Registration No. -. In m Date F P f..'. V' F. MEMORANDUM To: Doug Haggett From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, —John Clark and Mary Denison, Wilmington, New Hanover County Date: June 22, 2015 This project is; consistent and not in conflict with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. The applicant proposes to replace an existing bulkhead with new shoreline stabilization and reconfigure an existing private docking facility within Cedar Island Basin. The project is located at 8 Cedar Island off Greenville Loop Road in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ES, CW and PT. 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 2006 Wilmington -New Hanover County Joint Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, Wilmington -New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards, including dredging policy. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan. Cc: File NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Govemor April 9, 2015 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO Donald R. van der Vaart Secretary ECEIVE All 112111 BY: FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/D&FPermit Application Review Applicant: John Clark and Mary Denison Project Location: 8 Cedar Island (off Greenville Loop Rd.), adjacent to the Cedar Island Basin/canal, in Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing bulkhead with new shoreline stabilization, and to reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 2, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: his agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED csDATE �� //5 RECEIVED APR 2 7 205 N.C. Division of Coastal Management MW w "MW s lfy 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www,ncouastaimanagement.net An Equal opportunity 1 Affirmative Action Employer '• • •� r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor April 9, 2015 Division of Coastal Management MEMORANDUM: TO: Linda Painter LPO New Hanover County Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/D&F Permit Application Review Applicant: John Clark and Mary Denison Project Location: 8 Cedar Island (off Greenville Loop Rd.), adjacent to the Cedar Island Basin/canal, in Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing bulkhead with new shoreline stabilization, and to reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 2, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. RE I REPLY: This agency has no objection to the project as proposed. APR 2 7 1015 X This agency has no comment on the proposed project. PUT 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 C,— F P4 L DATE N.C. Division of Coastal Management 127 Cardinal Ddve Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nocoasialmanagement.net An Equal Opportunity \ Affirmative Action Employer Pat McCrory Governor April 9, 2015 ©Mid North Carolina De a WDENR p rtment of Environment and Natural Resource Division of Coastal Mana ement MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO Donald R. van der Vaart Secretary Zl r"e APP 0 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA /D&F Permit Application Review Applicant: John Clark and Mary Denison Project Location: 8 Cedar Island (off Greenville Loop Rd.), adjacent to the Cedar Island Basin/canal, in Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing bulkhead with new shoreline stabilization, and to reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 2, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. RECEIVED This agency has no comment on the proposed project. APR 17 2015 This agency approves of the project only if the recommended changes DCM-ryIMD CITY are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. e SIGNED DATE_ (?>ztL )t) N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www rIccoastalmanaaement net An Equal Opportunity 1 Affirmative Action Employer Q4 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor Donald R. van der Vaart Secretary April 9, 2015 Division of Coastal Management ( APR MEMORANDUM: gf 9 2 13 TO: Heidi Cox Environmental Engineer Public Water Supply FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Permit Application Review Applicant: John Clark and Mary Denison Project Location: 8 Cedar Island (off Greenville Loop Rd.), adjacent to the Cedar Island Basin/canal, in Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing bulkhead with new shoreline stabilization, and to reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 2, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: A 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 I JOG­AQ 6�� DATE q,116 I 1 N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanagement.net APR 14 2015 An Equal Opportunity \ Affirmative Action Employer 49.M11 !, {g CITY NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor April 9, 2015 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/D&FPermit Application Review Applicant: John Clark and Mary Denison Project Location: 8 Cedar Island (off Greenville Loop Rd.), adjacent to the Cedar Island Basin/canal, in Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing bulkhead with new shoreline stabilization, and to reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 2, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED !r DATE Z 1J I S RECEIVED u) (^ APR 8 0 20b U�tN.C. Division of Coastal Management pc a-rgMb �tr1r 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 IntemeC www.nccoastalmanagement.net An Equal Opportunity \ Alfinnative Action Employer WWO 400 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor April 9, 2015 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Tim Walton Dept of Administration State Property Office Donald R. van der Vaart Secretary RECEIVED APR 10 2015 DOA STATE PROPERTY OFFICE Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA /D&F Permit Application Review John Clark and Mary Denison Project Location: 8 Cedar Island (off Greenville Loop Rd.), adjacent to the Cedar Island Basin/canal, in Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing bulkhead with new shoreline stabilization, and to reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 2, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY- This agency has no objection to the project as proposed. tb8�`A rjo���� (P$ % t.' his agency has no comment on the proposed project. �a51�vJ This agency approves of the project only if the recommended changes are incorporated. See attached. SIGNED This agency objects to the project for reasons described in the attached comments. DATE \ — ✓ RECEIVED ftal Management Wilmington, NC 28405 Phone: 910-795-72151 FAX: 91u-395-3964 Internet: www,nocoastalmanaQement.net APR 2 910b p M.Mno An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor April 9, 2015 Donald R. van der Vaart Secretary DISTRICT S Division of Coastal Management APR 14 2915 MEMORANDUM: RECEIVED TO: Anthony Law NC DOT New Hanover County FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/D&FPermit Application Review Applicant: John Clark and Mary Denison Project Location: 8 Cedar Island (off Greenville Loop Rd.), adjacent to the Cedar Island Basin/canal, in Masonboro Sound, in Wilmington, New Hanover County Proposed Project: to replace an existing bulkhead with new shoreline stabilization, and to reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 2, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 42-o 1 ,, REcevEo APR E 7 10'S N.C. Division of Coastal Management pbwvw �, y p 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.necoastalmanagement.net An Equal Opportunity 1 AfinnaGve Adon Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: John Clark and Mary Denison c/o Carolina Marine Construction, Inc. 2. LOCATION OF PROJECT SITE: 8 Cedar Island, off Greenville Loop Rd., adjacent to Cedar Island Basin/canal, in Masonboro Sound, Wilmington, in New Hanover Co. Photo Index - 2006: 22-7422, M-N, 16-17 2000: 22-271 N-16,17 1995: 22-253 M, N-20,21 State Plane Coordinates - X: 2352393 Y: 160864 Latitude: 34111'1 0.26"N Longitude:77°50'06.44"W 3. INVESTIGATION TYPE: CAMA/ D & F Rover File: 0-022814A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/29/2014 and 11/5/2014 Was Applicant Present — Yes (agent) 5. PROCESSING PROCEDURE: Application Received — 03/20/2015 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Co./Wilmington Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT, CW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Sewer Planned - None (F) Type of Structures: Existing- Single-family residence, timber bulkhead, upland boat basin and docking facility and elevated boat ramp Planned — New shoreline stabilization, maintenance excavation and new docking facilities (G) Estimated Annual Rate of Erosion: —12" along the northeast portion of property Source — Visual observation by agents 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands — Coastal Wetlands 130 sq. ft. (B) Non -Vegetated Wetlands — Open Water 6,922 sq. ft. 684 sq. ft. (C) Other - Highground 406 sq. ft. 10,130 sq. ft. (D) Total Area Disturbed: 18,272 sq. ft. (0.42 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicants propose to replace an existing bulkhead with new shoreline stabilization and reconfigure an existing private docking facility within the Cedar Island Basin. RECEIVED APR 13 2015 EleWnlaro em John Glark and Mary Denison Page Two 9. PROJECT DESCRIPTION The project site is located at 8 Cedar Island, within the Cedar Island Subdivision, adjacent to Cedar Island Basin and access channel within Masonboro Sound located in the City of Wilmington, New Hanover County. To locate the property heading south on Oleander Drive (NC Highway17), turn left onto Greenville Loop Road and travel approximately 0.8 miles. Turn left onto Old Military Road and travel approximately 0.5 miles east. Once you cross the bridge to Cedar Island Subdivision turn right at the bend and continue to travel south until the road terminates into the property of interest. The property consists of approximately 2.65 acres and the applicants currently maintain a private residence at this site. The average elevation of the property is approximately 3'-12' above normal high water (NHW). The highground area is landscaped with ornamental shrubs and maintained lawn grass. In addition, there are some woody species, which includes Pine, Oak and Magnolia trees which are primarily along the western portion of the property. There is a border of coastal wetlands approximately 16-20 feet in width along the eastern side and southern side of the property, which faces the access channel from Cedar Island Basin to the AIWW. These coastal wetlands are vegetated primarily with Smooth Cordgrass (Spartina altemiflora) and Salt Meadow Grass (Spartina patens). Other wetland vegetation landward of the bulkhead includes Sea Oxeye (Borrichia frutescens). An approximately 922 linear foot dilapidated timber wooden bulkhead currently stabilizes the shoreline. There is an existing boat basin, boathouse with boatlift, fixed pier and floating docks located on the western comer of the property, which abuts the upper end of the Cedar Island Basin. The applicants were recently authorized a CAMA General Permit No. 65093-D on March 3, 2015 for the construction of 500 linear feet of new timber bulkhead on the northern portion of the property adjacent to the Cedar Island Basin. There is an existing elevated wooden boat ramp from the existing timber bulkhead into an access channel to the AIWW and Masonboro Sound, measuring approximately 30' in length by 14' in width over coastal wetlands, which extend approximately 30' beyond NHW and approximately 15' beyond the waterward edge of the marsh to a water depth of approximately —2.5' @ Normal Low Water (NLW). The boat ramp was constructed with composite decking material approximately 5/8 of an inch apart to allow for sunlight and rain to penetrate through the structure, authorized through State Permit No. 15-08 to the previous property owner (See sheet PH.IIS1 of 3 and Project Narrative). The New Hanover County/City of Wilmington Land Use Plan 2006 Update classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. In the project area, the waters of Cedar Creek are classified as SA, by the NC Division of Water Resources, and they are CLOSED to the harvest of shellfish. These waters are designated as Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. PROPOSED PROJECT: The applicants propose to replace an existing bulkhead with new shoreline stabilization and reconfigure an existing private docking facility within the Cedar Island Basin. The application states that a new timber bulkhead would continue from the location recently authorized through CAMA General Permit No. 65093-D, aforementioned, an additional approximate 150 LF towards the south. This bulkhead would be located approximately 2' waterward of the existing timber bulkhead and located adjacent to numerous Live Oak Trees that border the shoreline, just landward of the existing timber bulkhead. This new bulkhead would terminate at the point of the property where the applicant proposes to incorporate a living shoreline along the property. A new marsh enhancing sill consisting of either granite or limestone, measuring approximately 120' in length by 16' in width rip -rap would be constructed waterward of the new timber bulkhead ranging from approximately 12' to 22' waterward of the bulkhead, at a proposed height of approximately 3.5' above mean high water (MHW). RECEIVED APR 13 7015 r+rw��r�^ crd John Clark and Mary Denison Page Three The application states that a 12" bedding of stone base would be the foundation of the proposed sill. The application states that the existing south facing timber bulkhead would be partially removed, leaving in place the bottom half (approximately 3' above the substrate) to support the new rip -rap shoreline. The application states that an area of highground landward of the existing timber bulkhead would be removed approximately 7' in width down to the partially removed bulkhead to allow for the construction of a rip -rap shoreline, which would extend approximately 10' waterward of NHW to a final existing grade of 3' on the landward side along the entire southern shoreline of the property. Another marsh enhancing sill, measuring approximately 105' in length by 16' in width would be constructed waterward of the new proposed rip -rap shoreline ranging from approximately 12' to 20', at a proposed height of approximately 3.5' above MHW, which would include the 12" bedding, aforementioned. The application states the pilings would be installed within the proposed sills approximately every 50' and marked with yellow reflective material for navigation aid within the adjacent channel (See sheets PH.IIS1 and S2 of 3 and Project Narrative). The applicants propose to reconfigure the existing docking facility located within the existing boat basin located on the northwestern end of the property adjacent to Cedar Island Basin. The application states that the existing fixed pier and floating docks would be removed and a new approximately 136 LF vinyl bulkhead would be constructed waterward of the existing dilapidated timber bulkhead. The application also states that an area of highground between the existing and proposed bulkheads approximately 29' in length by 14' in width to a final project depth of -6' @ MLW to enlarge the boat basin. The applicant also proposes to perform maintenance excavation within the existing boat basin in an area approximately 50' in length by 42' in width to a final project depth of -6' @ NLW or to the existing water depth of the Cedar Island Basin. The approximately 672 cubic yards (CY) of upland and shallow bottom material would be mechanically excavated and placed onto the applicants' highground area at least 30' from the NHW boundary to dewater and then utilized as backfrll for the new bulkheads. The application states a new floating dock, measuring approximately 40' in length by 8' in width would be installed within the new basin to replace the old fixed pier and docks, which would run perpendicular to the shoreline of the basin. The application also states the existing boat lift within the existing boathouse would be replaced with a new boat lift, measuring approximately 14' in length by 12' in width. The application states that the new boat basin would accommodate up to three (3) vessels (See sheets PH.IIS1 and S2 of 3, Sheets 1 and 2 of 4 and Project Narrative). The application states that the existing elevated boat ramp on the southern end of the property would be relocated to the northern end of the property within the Cedar Island Basin, with the same dimensions of 30' in length by 14' in width; however, this location along the property if void of existing Coastal Wetlands. The application states that the boat ramp would be utilized to launch smaller vessels such as Jon boats, sailboats, kayaks, etc. (See sheet PH.IIS1 of 3, Sheet 4 of 4 and Project Narrative). A new access pier and floating dock would be constructed in previous location of the elevated boat ramp. A pier, measuring approximately 24' in length by 6' in width would extend from the shoreline towards the access channel to the AIWW. An access ramp would then lead from the southern end of the access pier onto a floating dock, measuring approximately 40' in length by 8' in width, which would run parallel to the shoreline and channel. The application states that this proposed docking facility would be located in water depths of approximately -2.5' @ NLW. The application also states that this docking facility would accommodate up to two (2) vessels (See sheets PH.IIS1 and S2 of 3, Sheets 3 of 4 and Project Narrative). The applicants' agent held an on -site scoping meeting on November 5, 2014 with some of the interested review agencies along with a coastal geologist and coastal scientist to assist in the design of the living shorelines component of this permit application. RECEIVED APR 13 2015 John Clark and Mary Denison Page Four 10. ANTICIPATED IMPACTS The proposed new timber bulkhead along the western portion of the property boundary would result in the filling of a total of approximately 130 sq. ft. of Coastal Wetlands, which consists of primarily of Smooth Cordgrass (Spartina altemiflora). The proposed bulkhead which borders the Cedar Island Basin channel would also incorporate approximately 550 sq. ft. of shallow bottom. Approximately 2,520 sq. ft. of Estuarine Shoreline would be impacted for the associated backfill and tie -back anchor system of the new bulkhead. The proposed rip -rap shoreline along the southern portion of the property would impact approximately 2,500 sq. ft. of shallow bottom and approximately 2,170 sq. ft. of highground area. The proposed sills would impact approximately 3,600 sq. ft. of shallow bottom area between the proposed timber bulkhead and rip -rap shoreline and the adjacent marsh area. The top of the proposed sills would be located approximately 3.5' above MLW and the application states the pilings would be installed within sills approximately every 50' and marked with yellow reflective material for navigation aid within the adjacent channel. The enlargement of the existing. boat basin on the northwestern portion of the property would impact approximately 2,100 sq. ft. of shallow bottom area and approximately 406 sq. ft. of highground area for the proposed maintenance excavation, which would result in the removal of approximately 672 CY of material to be deposited on the applicants' highground area. The proposed new vinyl bulkhead would impact approximately 272 sq. ft. of shallow bottom area and approximately 5,440 sq. ft. of Estuarine Shoreline for the associated backfill and tie -back anchor system. The proposed floating dock and boat lift would incorporate approximately 488 sq. ft. of Public Trust Area and Estuarine Waters, which is currently usurped by the existing boathouse and docking structures within the boat basin. The proposed docking facility along the southern portion of the property would impact approximately 464 sq. ft. of Public Trust Area and Estuarine Waters. The proposed elevated boat ramp to be relocated to the northern portion of the property would incorporate approximately 420 sq. ft. of Public Trust Area and Estuarine Waters. The proposed structures would be located within the applicant's riparian access area and would not encroach into the adjacent 15' riparian corridor setback requirements. The proposed docking facility on the southern portion of the property would extend approximately 25' into a waterbody within the access channel to the AIWW, which measures approximately 112' in width across, which would not exceed the % width limitation. The proposed elevated boat ramp on the northwestern portion of the property would extend approximately 30' into a waterbody within the Cedar Island Basin, which measures approximately 120' across, which would exceed the '% width limitation by approximately 3'. Minor increases in turbidity should be expected during construction. The proposed configuration of the boat basin and new docking facility would accommodate up to five (5) vessels. RECEIVED APR 19 1015 P1P.�=talt�r erhr Submitted by: Robb L. Mairs Date: 04/08/2015 Office: Wilmington Carolina Marine Construction, Inc. 6400-8 Carolina Beach Rd #212 Wilmington, NC 28412 March 19, 2015 To: DENR Attn: Robb Mairs PROJECT NARRATIVE Robb, As per our site visits and previous discussions, we are requesting a permit to stabilize the shoreline at #8 Cedar Island along with rebuilding/constructing two docks for recreational purposes. We are proposing to install approximately 200' of rip rap with stone base long the south side of the property where the existing wooden bulkhead is in a state of failure. The south side of the property is open and therefore has a heavy wave action during high winds or storms. The rip rap will diffuse the energy and protect the shoreline. We are also proposing to construct 225' of marsh sill to protect the two areas of costal marsh that are on site and provide them with an area that they can flourish. On the high ground side of the southern peninsula we are proposing to construct approximately 140' of wooden bulkhead to prevent erosion of the high ground into the coastal marsh area. This section of wall will be 18" to 24" in front of the existing deteriorated/failing existing bulkhead. It will incorporate approximately 120-130 sq ft of marsh grass in order to construct, but will provide a protected area that is not smothered by eroding soil or wave action, enabling the marsh to re-establish itself. The section of wall will also tie into the new wooden bulkhead constructed under GP#65093. In this situation, we would normally run the new wall behind the existing wall, then remove the old wall after completion of the new one. However, there are existing oak trees in that location that prevent us from doing so and we would like to preserve the oak trees. We are also asking for permission to rebuild the existing boat basin. The existing stationary pier, floating dock, boatlift and bulkhead are all in a state of disrepair. We are proposing to eliminate the pier and existing dock, and to install a new 8' x 40' floating dock in their place. We are also proposing to remove the existing lift and install a new 10k lb boat lift. The existing wall is failing, therefore a new 136' vinyl bulkhead will be installed. In order to allow either (2) small vessels or (1) larger vessel to be moored in the wet slips (#3 & #4), we are proposing to remove an area 29' wide by 14' long out of high ground along with dredging the basin to -6' MLW. A total of 491 cubic yards will be removed with a hydraulic excavator mounted on a barge with bin walls. The spoil will partially dewater while on the barge. It will then be unloaded on high ground with Bobcat 5-250 skid steer loaders behind silt fencing. Once the material fully dewaters it will be used as a backfill cap over the gravel in between the old and new RECEIVED bulkheads. APR 13 2015 The existing elevated ramp on the property is to be relocated on to the back side where both the wind ' and the water is calmer. The ramp will be used to launch small john boats, sailfish, kayaks, paddleboards, etc. The last item that we are proposing is a day dock on the front of the property for swimming and fishing, as well as transient space for visiting friends. A 6' x 40' dock is proposed (slips #1 & #2) along with aOEtEIVED DCM WILMINGTON, NC MAR 2 0 2015 24' access pier. The dock will be located 6' from the toe of the proposed rip rap. There will be approximately 2 %' — 3' at normal low water on the back side of the dock so dredging in this area will not be necessary. The owners of the property are environmentally conscious as per our scoping meeting on November 5, 2014 with interested review agencies along with Spencer Rogers and Stacy Skrabel from the Coastal Federation. They are also extremely excited that they are able to protect their property in such a natural and green way. The living shoreline with the rip rap and marsh sills will not only provide years of protection, but will create an ideal habitat for numerous species. RECEIVED APR 13 1015 'ECEIVED GM ",/ILMINGTON, NC z 0 2015 �r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary April 9, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: John Clark & Mary Denison Major Public Notice Kyle & Heather: Please publish the attached Notice in the Saturday, April 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 to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref elect # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson / \ Permit & Customer Support Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Crumbley - USACE Michele Walker- DCM N. C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Alfinna6ve Aclion Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, On March 20, 2015, John Clark and Mary Denison proposed to replace a bulkhead with new shoreline stabilization, and to reconfigure an existing docking facility at 8 Cedar Island, adjacent to the Cedar Island Basin /Canal and Masonboro Sound, in Wilmington, New Hanover County. A copy of the application may be examined or copied at the office of Robb Maus, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 2, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED APR 1.3 7M5 DCM-MHD CITY WA CDEERR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 8, 2015 Mr. Michael Conard c/o Carolina Marine Construction, Inc. 6400-8 Carolina Beach Road P.O. Box 212 Wilmington, North Carolina 28412 Dear Mr. Conard: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Mr. John Clark and Ms. Mary Denison for the proposed development located at 8 Cedar Island, within the Cedar Island Subdivision adjacent to the Cedar Island Basin in Masonboro Sound, in Wilmington, New Hanover County. It was received as complete on March 20, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 4, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 20, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sin ely, Robb I..airs Field Representative Wilmington District Office N.C. Division of Coastal Management RECEIVED cc: Jonathan Howell, DCM Tyler Crumbley, USACE APR 1 A 7015 Linda Painter, NH Co. rnn John Clark and Mary Denison -Applicants 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer bulkh an ex, the Co N 0 T 1 (01$ 17,,A CAMA PERMIT A At j plicant PR CT: _ _ Countv. PPLIErn F proposes OR to replace and existing ure t to APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Carolina Marmne Construction, Inc. NC Div. of Coastal Management c/n Michael Conard 127 Cardinal Dr. Extension 94nn-n Carolina Reach Rd # 212 Wilmington, NC 28405 Wilmington, NC 28412 Robb Mairs Field Specialist m 910-796-7423 For: John Clark & Mary Denison i�: - ; a _ze s 31 MAJOR PERMIT FEE SCHEDULE Clark / $400 / New Hanover County DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any etlands 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 eneral Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 490 see attached cannot be a lied: $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% $265 40% $190 RECEIVED APR 13 7al; DCM-MHD CITY DENR CAMA Daily Check Log for WIRO Date Received Check From (Name) Name of Permit Holder Vendor Check Number Check amount Permit Number/Comments Refund/Rea/located 1/5/2015 1/52015 Western Union Money Order, Brandon Grimes The North Carolina Coastal Federation Brian Forehand (see 12/19/14 for add'1$200 MO) same Wells Fargo Bank First Citizens Bank 11135019696 15883 $400.00 $475.00 GP 52464D reissue of 64041 D MP Stump Sound Hab. Rest, Ons V6/2015 F and S Marine Contractors Inc. Cliff Benson PNC Bank 4247 $250.00 MP fee, NHCo 116=15 Pink Associates, Inc. Michael Petrillo Wachovia 8551 3200.00 GP 65070D lf7/2015 Maritime Coastal Construction LLC Michael BuddB First Community Bank 1581 $400.00 GP 64062D 1/9/2015 Town of Ocean Isle Beach same Branch Banking & Trust Co. 88021 $700.00 minor tee, OIB 15-01, Or. 1/9Y2015 F and S Marine Contractors Inc. Doug Foster ANC Bank 4252 $250.00 major fee, 26 Pipers Neck Rd., Winn 1/92015 Will Clarence Richardson/Richardson Constructic John Santini BB&T 5902 $200.00 GP 65050D 1/9/2015 Carolina Marine Dredging Inc Lisa Weeks First Bank 1077 $200.00 GP 65080D 1/122015 Town of Sunset Beach same First Citizens Bank 13187 $200.00 GP 64086D 1/122015 Bacwakter Marine Construction BB&T 1772 $200.00 GP 65028D 1/122015 Swan and Jessarela Gans Sartre Charles Schwab Bank 3003 $400.00 GP 65083D 1/122015 S&IIiiIIIE CFPUA sewer line B of A 4747 $400.00 GP 65081 D 1/122015 SBME CFPUA water line B of A 4748 $400.00 GP 65082D 1/122015 1/122015 TCRK Properties, LLC R & O, Inc same R & O, Inc. Queens Grenl BB&T BBBT 14T7 10385 $100.00 $100.00 renewal fee, MP 67-07 renewal fee, MP 129-10 1/122015 Town of Surf City same First Citizens Bank 62873 $100.00 minor fee, SC 15-01 1/132015 Clements Marine Construction Hamilton Wells, Charles Hoctdng First Citizens Bank 3692 $400.00 GP 65086D & GP 65085DQ$200 ea 1/142015 Pippin Marine Construction, LLC Roger Teague Wells Fargo Bank - 3253 $250.00 major fee, Corbett St, NHCo 1/142015 Western Union Money Omer, Joel Klass William and Kathryn Maxwell Wells Fargo Bank 17-137272443 $400.00 GP 65084D 1/142015 1 Holden Dock & Bulkheads Braswell Beach Properties, LLC First Community Bank 6122 $200.00 GP 65051 D 1/152015 1 Inlet View Bar & unin The Point LLC BB&T 2630 $100.00 renewal fee, MP 18"8 1/15/2015 Antinori Construction, Inc. Rodoff IS of A 3439 $200.00 boatiiR, 543 Chadwick 1/152015Certified check, from Francisco Lame Sunset Beach Holdings II, LLC I BB&T /First Colonial Branch 9006872655 $100.00 transfer fee, MP 42-05 1/162615 F and S Marine Contractors Inc. Brady Semmel PNC Bank 4269 $250.00 major fee, Ahlis Rd, NHCo 1202015 Carolina Marine Construction, Inc. _ Dolphin Bay HOA Inlet Point Harbor HOA Tangle Oaks Yacht Club Inc. Randy Brown _ Randy Brown First Bank _ 9458 $300.00 renewal fee, MP 117-97 g$100 1/20/2015 Western Union Money Order Brandon Grimes 1/20/2015i Western Union Money Omer, Brandon Grimes Wells Fargo Bank 17-135019699 Wells Fargo Bank 17-735019697 $400 00 $200.00 mod fee, MP 160-OS @$100 05700 applied to MP appl for John Clark 1 of 2 for GP 38546D 2 of 2 for GP 38546D @$600 GP 55089D 1212015 Coastal Earth Works Inc. Avery Bates First Bank 4191 $400.00 1222015 Clements Marine Construction Chris Barclay First Citizens Bank 3700 $250.00 major fee, NHCo 1222015 1/222015 1/222015 1=015 122/2015 Charles Riggs & Associates Inc Charles Riggs & Associates Inc Charles Riggs & Associates Inc Charles Riggs & Associates Inc Allied Marine Contractors, LLC Taylor Badaw Fitzpatrick Mghari Larkins & Klausmeier First Citizens Bank First Citizens Bank First Citizens Bank First Citizens Bank B of A 13772 13831 13832 13833 7143 $100.00 $100.00 $100.00 $100.00 $350.00 minor fee, NTB 15-01, One minor fee, NTB 15-02, Ons minor fee, NTB 15-03, Ons minor fee, NTB 15-04, Ons 1 of 2 $250 major fee, 104 Blue Heron, PN Caison 2 of 2 mod fee, MP 18-09 4$100 123/2015 Carolina Marine Dredging Inc Old Chimney HOA First Bank 1084 $250.00 major mod, 42-97, NHCo 1262015 7282015 By Design Coastal Hamee Bald Head Island Ltd. Aligator Bay Enterprises same BB&T First Citizens Bank 1075 1500 $100.00 $100.00 minor fee, NTB 15-01 renewal fee, 172-87 1262015 Maritime Place HOA Marina Assoc same First Bank 123 $100.00 renewal fee, 143-11 1262015 1 Charles B. Gordon, Jr. Bred Gordon MW Four Oaks Bank 1043 $400.00 GP 65090D 1/28/2015 Allied Marine Contractors, LLC Hobby Greene m B ofA 7111 $400.00 GP 65075D 1/27/2015 Steven T. Farmer TRACOM Services Max Kern -+ BB&T 4596 $200.00 GP 66052D 1272015 Coastal Marine Piers Bulkheads LLC Squire - Wells Fargo Bank 19938 $200.00 GP 65067 1282015 Antinori Construction, Inc. Marsh Haven Community DMing Wlity B of A 3469 $2,000.00 Express MP, OnCO 1282015 Town of North Topsail Bea- same - First Citizens Bank 39184 $100.00 mod fee, MP 191-05 1282015 Grim Construction of Brunswick Co. INC Cox BB&T 10114 $200.00 GP 65053D 1282015 Coastal Marine Piers Bulkheads LLC Carolina Yacht Club Wells Fargo Bank 20000 $100.60 mod fee?, MP 69-09 1/302015 Pluds, LLC same Bran- Banking & Trust Co. 2963 $400.00 major Fee, Cristo 1/302015 Allied Marine Contractors, LLC Mark and Bonnie Lysaght B of A 7117 $200.00 GP 65054D 1/302015 Allied Marine Contractors, LLC Paradise S of A 7097 $600.06 GP 65077D DENR CANA Daily Check Log for WIRO Date Received Check From (Name) Name of Permit HoMer Vendor Check Number I Check amount PermitNumberlComments RNundReallocated 1152015 Western Union Money Order, Brandon Gdmes Brian Forehand (see 12/19/14 for aCA'I $200 MO) Wells Fargo Bank 17-135019696 $400.00 GP 52464D reissue of 6h041O 1/52015 The North Carolina Coastal Federation same First Citizens Bank 15883 $475.00 MP Stump Sound He . Rest, Ons 1/6/2015 F and S Marine Contractors Inc. Cliff Benson PNC Bank 4247 $250.00 MP fee, NHCo 1/6/2015 Pink Associates, Inc. Michael Petrillo Wachovia 8551 0 GP 65070D V72015 Maritime Coastal Construction LLC Michael Burkifl First Community Bank 15811X$2 0 GP 64062D 1/92015 Town of Ocean Isle Beach same Branch Banking &Trust Co. 880210 minor fee, OI 15-01, Br. 1/92015 F and S Manna Contractors Inc. Doug Foster PNC Bank 42520 major foe, Pipers Neck Rd., Wilm 1/92015 Will Clarence Richardson/Richardson Consfnlcti John Santini BB&T 59020 GP 650 1/92015 Carolina Marine Dredging Inc Lisa Weeks First Bank 107700 GP 65 D 1/122015 Town of Sunset Beach same First Citizens Bank 1318700 GP O86D 1/122015 Backwater Marine Construction BB&T 177200 65028D1/122015 Stuart and Jessarela Gans same Charles Schwab Bank117-1 3003P 65083D1/122015 S&ME CFPUA sewer line BofA 4747 GP 65081 D 1/122015 S&ME CFPUA water line B of A 4748 .00 GP 65082D 11122015 TCRK Properties, LLC same BS&T 1477 00.00 renewal fee, MP 67-07 1/122015 R & Q, Inc R & Q, Inc. Queens Grant BB&T 10365 $100.00 renewal fee, MP 129-10 1112/2015 Town of Surf City same First Citizens Bank6287 $100.00 minor fee, SC 15-01 1/132015 Clements Marine Construction Hamilton Wells, Charles Hocking First Citizens Bank $400.00 GP 650860 & GP 65085D�.E200 ea 1/142015 Pippin Marine Construction, LLC Roger Teague Wells Fargo Bank253 $250.00 major fee, Corbett SL, NHCo 1/142015 Western Union Money Order, Joel Klass William and Kathryn Maxwell Wells Fargo Bank 2443 $400.00 GP 65084D 1/142015 Holden Dock& Bulkheads Braswell Beach Properties, LLC First Community Bank6122 $200.00 GP 65051 D 1/152015 Inlet View Bar& Grill The Point, LLC BB&T 2630 $100.00 renewal fee, MP 185-08 1/l52015 Antinon Construction, Inc. Rocioff B of A 3439 $200.00 boatlifl, 543 Chadwick 1/152015 Certifi€d check, from Francisco Zarate Sunset Beach Holdings II, LLC BB&T /First Colonial Branch 5006872655 $100.00 transfer fee, MP 42-05 1/162015 F and S Marine Contractors Inc. Brady Seminal PNC Bank 4269 $250.00 major foe, Aidie Rd, NHCo 1202015 1 Carolina Marine Construction, Inc. Dolphin Bay HOA First Bank 9458 $300.00 InViawal fee, MP 117-97 (05100 Inlet Point Harbor HOA mod fee, MP 160-05 @$100 1202015 Western Union Money Order, Brandon Grimes Randy Brown Wells Fargo U& 17-135019699 $400.00 1 of 2 for GP 38546D 1/202015 Western Union Money Order, Brandon Grimes Randy Brown Wells Fa ank 17-135019697 $200.00 2 of 2 for GP 38546D @$600 121/2015 Coastal Earth Works Inc. Avery Bates First 5ip1kr 4191 $400.00 GP 65089D 1=015 Clements Marine Construction Chris Barclay FinlKifizens Bank 3700 $250.00 major foe, NHCo 1222015 Charles Riggs & Associates Inc Taylor p6t Citizens Bank 13772 $100.00 minor foe, NTB 15-01, Ons 1222015 Charles Riggs & Associates Inc Badaw First Citizens Bank 13831 $100.00 minor fee, NTB 15-02, Ons 1222015 Charles Riggs & Associates Inc Fitzpatrick First Citizens Bank 13832 $100.00 minor fee, NTB 15-03, Ons 1222015 Charier Riggs & Associates Inc Mghsn First Citizens Bank 13833 $100.00 minor fee, NTB 15-04, Otis 11=015 Allied Marine Contractors, LLC eier Larkins & Kd!Enterp B of A 7143 $350.00 1 of 2 $250 major fee, 104 Blue Heron, PN Caison 2 of 2 mod fee, MP 18-09 G$100 1232015 Carolina Marine Dredging Inc Old ChimneyA First Bank 1084 $250.00 major mod, 42-97, NHCo 1262015 By Design Coastal Hanes Aligator Bay BB&T 1075 $100.00 minor fee, NTB 15-01 1262015 Bald Heatl Island Lad. same First Citizens Bank 15W $100.00 renewal fee, 172-87 1262015 Maritime Place HOA Marina Assoc same First Bank 123 $100.00 renewal fee, 143-11 1262015 Charles B. Gordon, Jr. Brad Go n Four Oaks Bank 1043 $400.00 GP 65090D 1262016 Allied Marine Contractors, LLC HoWGreene B of A 7111 $400.00 GP 65075D 1272015 Steven T. Farmer TRACOM Services Max Kern BB&T 4596 $200.00 GP 65052D 1272015 Coastal Marine Piers Bulkheads LLC Squire Wells Fargo Bank 19938 $200.00 GP 65067 1282015 Anbnon Construction, Inc. Marsh Haven Community Docking Facility B of A 3489 $2,000.00 Express MP, OrtCo 128/2015 Town of North Topsail Beach same First Citizens Bank 39184 $100.00 mod fee, MP 191-05 1282015 Grice COnatNE60n of Brun - o. INC Cox BB&T 10114 $200.00 GP 65053D 7282015 Coastal Marine Piers Bulkh ds LLC Carolina Yacht Club Wells Fargo Bank 20000 E100.00 mod feel, MP 88-09 1/302015 Pluds, LLC same Branch Banking & Trust Co. 2963 ¢700.00 major fee, OnsCo 1/302015 Allied Manne Contractors, LLC Mark and Bonnie Lysaght B of A 7117 $200.00 GP 85054D 1/30/2015 Allied Marina Contractors, LLC Paradise B ofA 7097 $600.00 GP 65077D Date I Check I Check 2n1— r.—. cn. — runa.nr Name nr Ge.ma Nn/der Vendor Number amount I Permd Number/Ci mments Refund/Reallocated 3/2 3/3 3/3 314 3/5 3/5 3/6 3/6 12015'David /2015 Lee Builders, Inc Carolina Marine Construction, Inc. /2015 East at Engineering & Surveying, P.C. /2015 Hunter Development Corp. 12015 Coastal Marine Piers Bulkheads LLC (2015 _ Mark D. Kelly _ %2015 Lighthouse Manne Construdlon Inc d015 - Bruce Marek, P.E. Kenneth W d B T Futch 3/6/201 eons. an e _ 3/6/2015 Gregory AHolden 3/6/2015 Gregory A Holden 3/9/2015 Garry D. Aldridge _ 3/9/2015 Buff Builders, Inc. 3/9/2015 Beam & Associates 3/112015 Dale E and Cynthia M Joslin 3/11/2015 Allied Marine Contractors, LLC 3/11/2015Coastal Marine Piers Bulkheads LLC �MVM015 Barry and Shan Golob 3/11/2015 Allied Marine Contractors, LLC 3/11/2015 Allied Marine Contractors, LLC 3/11/2015 _Cape Fear Engineering, Inc. 3/12/2015 Dennis W. and Beverly Morgan 3/12/2015'Compass Pointe Engineering PA _ 3/1312015 Allied Marine Contractors, LLC 3/13/2015 John S or Janet L Sargent 3/13/2015 Carolina Bluewater Construction, Inc. 3/1312015 Backwater Manne Construction Inc 3/13/2015 Deyo & Associates LLC 3/1312015 Duncan Marine Contractors, Inc. 3/16/2015 Michael or Bonnie Winbum 3/17/20151Jeanne L. or James S. Wallis Marine Contractors, Inc. Marine Contractors Inc. nagement Group, Inc A Holden 3/20/2015 Barry and Shan Golob 3/20/2015 William or Caryn Yankalunas 3/20/2015 Connaway Marine Construction, Inc. 3/2012015 Land Management Group, Inc 3/20/2015,Carolina Marine Construction,. Inc. Dennis Michael Security Sax Dennis Michael B of A Edwards Bank John Clark Dinah Gore First Bank _ John Ledoux Yadkin BaO James Hamen _ Wells Fargo same PNC Bank Rick Rouse 7B of A Timber Creek HOA Wells Fargo Jon and Diane Miller Claudia Knox Golob at. AL John Allen Schmidt Palm Cove Subdivision Peter Monte Tom of Carolina Beach _ same William Donovan Joseph L. or Gypsy A. McKinzie NCSPA Enviva Walter Bryan same Sean Southport Marina, Inc Yates and Cdham Golob at al - same Jim Magnuson River Bluffs Development Corporation John Clark BB&T BB&T B of B of Wells Fargo Bank BB &T 5007021072 $400.00 GP for 300 Williams Rd, NHC Wells Fargo Bank _ _ _ 8769 $200.00 GP for 11 Wilmington St. 0113 PNC Bank _ _ 3814 $100.00 transferfee, MP UIXi8 I First Federal _ 8408 $200.00 GP 65152D B of A _ 386 $250.00 GP or fee, BB &T 5007021085. $200.00 GP for 300 Williams Rd, NHC PNC Bank _ 4386 � $250.00 major fee, Pelican Drive, WB First Bank 45222 $100.00 renewal fee, MP 99-01, BrCo CmCom Bank 2027 $800.00 GP 65128D Yates @$400 GP 65129D Odham @$400 s`yeCEe`t'aderal Credit Union `.,, 2667 $150.00 major mod fee, MP 101-14 p) v Wells Fargo Bank 7930 S400.00 GP 65039D B of A 7153 S200.00 GP 65155D First Bank 45251 $100.00 mod fee, MP 30-13 First Bank — 9550 $300.00t�ajor fee, 8 Cedar Island, NF 'applying $100, from ck % 9C dieck returned/GP only MYRTLE GROVE STATION 001101 WILMINGTON, North Carolina 284123629 3613950401 -0097 03/20/2015 (910>313-3285 03:14:39 PM 11011 Sales Receipt Product Sale Unit Final Description Oty Price Price OAKLAND PARK FL 33334-4433 $2.45 Zone-5 First -Class Mail Large Env 7.90 oz. Expected Delivery: Mon 03/23/15 Return Rcpt (Green Card) $2.70 09 Certified $3.30 USPS Certified Mail #: 70133020000128284977 Issue Postage: $8.45 Total: $8.45 Paid by: Cash $20.00 Change Due:-$11.55 90 For tracking or inquiries go to USPS.com or call 1-800-222-1811. YxYxxxWXXXXXXXXkk%%xkXxXXXRXXYXXXXX%xRWX xx:xrxwxxxxWXWXxxxwxxzXXwx%XxxWxxXXXXkWx BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. lxYxkxYYXYXYYXYYXXYXXXYXXXxXxxx%Yx%x%xxx xYx%XxYXYXxxXX%YYYXYxYXxYwxwXxxxxxxxxxwY In a hurry? Self-service kiosks offer quick and easy check-out. Any Retail Associate can show you how. Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-LISPS. kWk%WWXXWWWIWx%%kick%kWxXWXWWXXXWW%WXXWX% X RXXkkkXXkXkWWXYRkXXX%XxkWwWxXWxkXxkxXRk Get your mail when and where you want it with a secure Post Office Box. Sign Lip for a box online at usps.com/poboxes. %XWxkxXXXWXXXklXX%%WX%xXWRXXxXXkkXYX%xXx xXxxxxXxwwX XXkXWWXYxX%Y%XXW%xx%XYXYRX%xR Bill#: 1000303764426 Clerk: SO All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE Go to: https://postalexperience.com/Pos Or scan this code with your mobile device. l �-r-" 1It-ItU MAIL;., RECEIPT I (Domestic Mall only; No Insurance Coverage Provided)m For tlellvery lnloratlon visit our web.h. Yr COPostage s $2.45 0401 ru ri certified Fee $3.30 10 M O Retum Receipt Fee (Endorsement Required) $2.70 PoMiw7c ligre d c3 Restricted Der", es (End)rsement Required) $0..00 rU O m Total Postage & Foes $ $8.45 03/2U/2015 brp vpmM1 w L ___.(_//•______._[_:_/II}.!_�_3_:__�_._._,__ _ RECEIVED DCM WILMINGTON, NC MAR 2 0 2015 RECEIVED APR T 12015 elt1155-014a CITy 111111111111 2013043828 FOR OF DaD5 EE 26 IN BR 578NC Ru STW.$4F$ 54200 WWI 0 Y0W39 THIS DEED WAS PREPARED WITHOUT TITLE EXAMINATION PREPARED BY: SIEGEL & RHODENHISER, PLLC STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Tax ID No. R06700-003-003-009 REVENUE STAMPS: $4,542.00 This property um s the Grantor's primary residence. Property Taxes are paid thru 2012. WARRANTY DEED THIS DEED, made this l (e day of Da�-e�b&✓, 2013, by DANIEL FLOHR and wife, TINA JACOBS AKA TINA JACOBS-FLOHR, of 4939 KEOTA RUN NE, ROS WELL, GA 30075, GRANTOR, to JOHN R CLAIM III and wife, MARY BONEY DENISON, of 8 CEDAR ISLAND, WILMINGTON, NC 28409, GRANTEE; WITNESSETH That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the County of NEW HANOVER and State of North Carolina, and more particularly described as follows: RECEIVED SEE EXHIBIT A APR 18 2015 �l°("dt?lkRB GIT'4 TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges and appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to. And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the title is marketable and free and clear of all RECEIVED DCM WILMINGTON, NC Return to MTG MAR 20 2015 encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: (a) subject to County and Local Zoning Ordinances; (b) subject to standard easements for utilities; (c) restrictive covenants of record, if any; (d) ad valorem taxes for current year. 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 neuter as required by context. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by auth of its oard of Directors, the day and year fast above written. (SEAL) JL /lld✓ :�� (SEAL) T A JACOBY AKA TINA JACOBS-FLOUR STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Y�1� W �L�I%�. "S61A , a Notary Public of the County and State afro d, do hereby certify that DANIEL FLOUR and wife, TINA JACOBS AKA TINA JA COBZ FLOUR, personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this is— day of�Qj(QJ An P�, 2013. ., IP .._ - My Co ssio Egpires: ....... — PCITAR Aso' � U tiyAOBOGJ�~•: `'OVER r311�` (Notanal Seal) RECEIVED APR 18 20b t�+Iw�gr rttt DCM RED NIGTON, NO MAR 20 2oI5 EXHIBIT "A" Lying and being in the County of New Hanover and State of North Carolina and more particularly described as follows - Beginning at a point on Cedar Island in the property of Mrs. Agnes M. Mayer on Greenville Sound, said point located from the concrete monument at the southeastern terminus of the 60- foot access right of way off Greenville Sound Road as shown by maps recorded in Map Book 8, Page 29 and Map Book 8, Page 30 by the following courses. South 42 degrees 32 minutes East 1629 66 feet South 47 degrees 28 minutes West 100 feet, South 68 degrees 28 minutes West 268.09 feet, South 52 degrees 28 minutes West 575.19 feet, and South 33 degrees 34 minutes West 55.15 feet running thence from said Beginning North 30 degrees 32 minutes West 93 09 feet to a concrete monument, thence continuing North 30 degrees 32 minutes West 27 feet to a point at the edge of a dredged basin and channel, thence with the edge of said basin and channel the following courses: South 43 degrees 08 minutes West 201.02 feet, thence South 0 degrees 24 minutes East 317.05 feet, thence South 54 degrees 58 minutes East 79.17 feet, and thence North 71 degrees 58 minutes East 326.94 feet to a point, thence North 30 degrees 32 minutes West 27.2 feet to a concrete monument thence continuing North 30 degrees 32 minutes West 326.0 feet to the point of BEGINNING, containing 2.65 acres. Together with the right of ingress and egress over a roadway easement described as - Being an easement adjacent to and 35 feet in width measured at right angles, southwestward from a portion of the northeastern line of Anders Tract as shown by map, "Survey of Boundary Between Anders Tract and Lot 4 of J.A. Hewlett Land", recorded in Map Book 8, Page 30, said portion of line beginning at the concrete monument at the southeastern terminus of the 60 foot access right of way as shown by Map Book 8, Page 29 and said Map Book 8, Page 30 in the New Hanover County Registry, running thence with said line South 42 degrees 32 minutes East 1629.66 feet to the southeastern terminus of said 35 foot wide easement at the centerline of a 30 foot easement, thence over said 30 foot easement the centerline of which is described as beginning at the southeastern terminus of the 35 foot easement above described and running thence South 47 degrees 28 minutes West 46 91 feet to the point of curvature of a curve having a radius of 286.48 feet and a deflection angle of 21 degrees 00 minutes to the right, thence with said curve westward 105 feet to the point of tangency of said curve, thence South 68 degrees 28 minutes West 174.74 feet to the point of curvature of a curve having a radius of 286.48 feet and a deflection angle of 16 degrees 00 minutes to the left, thence with said curve southward 80 feet to the point of tangency of said curve, thence South 52 degrees 28 minutes West 157 74 feet to the centerline of a 30-foot easement to the southeast, thence continuing South 52 degrees 28 minutes West 329.50 feet to the point of curvature of a curve having a radius of 286.48 feet and a deflection angle of 18 degrees 54 minutes to the left, thence with said curve southward 94.50 feet to the point of tangency of said curve, thence South 33 degrees 34 minutes West 7.47 feet to the point of ending in the northeastern line of the 2.65 acres tract hereinabove described. Together with all rights, title and interest in and to the Cedar Island Access Road as described in Deed "k 4895 at Page 3064 in the office of the New Hanover County Registry. Subject to that General Utility Easement to the City of Wilmington as described in Deed Book 4976 at Page 1731 in the office of the New Hanover County Registry. RECEIVED RECEIVED APR 18 20 DCM WILMINGTON, NC mmvow MAR 2 0 2015 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 11ff1fflfMfMlfOf RR1fM11fffftflfftR11ff1f Rt1f M1RH1f1RIff IRlltlff1t11fffiflHftRYflfRH1f11RHfRHRl1ff1111f RRf 1ff RRf f Filed For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX: Recorder: 12/20/2013 02:16:53 PM RE 5789 Page: 1720-1723 2013043828 4 PGS $26.00 $4,542.00 CRESWELL,ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. RECEIVED APR 13 20b *2013043828* DCM RECEIVED WILMINGTON, NC 2013043828 MAR 2 0 2015