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HomeMy WebLinkAbout44-15 Foster, Dougernait Class Permit Number NEW 44-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and ' Coastal Resources Commission Vertnit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Doug Foster, 2032 Queens Road West, Charlotte, NC 28207 Authorizing development in New Hanover County at Banks Channel and Middle Sound, 26 Pipers Neck Road. Figure .ight Island, as requested in the permittee's application dated 1/9/15 incl rg hP attached workman drawings (3) all dated 1/9/15 This permit, issued on April 1, 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 inav un suu)ecr ro lines, imprisonment or civic action; or may cause the permit to be null and void Docking Facility 1) Unless specifically altered herein, this permit authorizes the reconfiguration of the docks, piers and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) finis 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Doug Foster Permit #44-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 9) The roof of the gazebo shall not be designed for second story use. 10) This permit authorizes a total of 4 formalized boatslips in association with this docking facility. General 11) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 12) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. 13) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Rem MP-1 APPLICATION for Major Devolopmont Pormh (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Oat MI Last Na �SIt-�'L Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names fisted. Mailing Address PO Box City. state ZIP Sdo Country Wh Phone r7 No. -'?IV -70 aid. FAX No. Street Address (if different from above) City State ZIP Email eRvernm.W11111 a 2. AgentlContractor Information Business Name r-4,T malie RECEIVED Agent/ Contractor 1: First Name MK Last Name FEB 0 3 Wr / rL Agent/ Contractor 2: First Name MI Last Name Mailing Address PO BOX 968 city �� / Ul/� O State�� ZIP Phone No. 1 Phone No. 2 pZSyso 9D -JA -34a ext. ext. FAX No j�'D- � •3oG� Contractor N Street Address (if different from above) Cdy State ZIP Email e l (f M14, whi r, <Form continues on back> RECEIVED DCM WILMINGTON, NC JAN 0 9 2015 252 808.2. 808 1-888-4RCUAJT .. www.nccoastairnanagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be m hiple) Street Address State Rd. S Subdivision Name h16" cites ln»n City c4111,010 A,)' State N/- Zip aWYII Phone No. Lot No.(s) (d many, attach additional page with list) /D Z ID4 sAl46(:U- Jr A , I I , a. In which NC river basin is the project located? b. Name of of water nearest to proposed project 6 f d ��- �✓ c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. atural ❑Manmade ❑Unknown lv 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. lfiillu, Mc 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 3s' 6 #da c. Size of individual lot(s) �� d. Approximate elevation of tract above NHW (normal high wafer) or NM (normal water level / . list) ❑NHW �� (if many lot sizes, please attach additional page with a or o_ntract e. Vegetation on 9#40 f. Man-made features and uses now on tract C53yi'47 �1 RECEIVED g. Identify and describe the existing land uses adjacent to the proposed project site. Ktii�-'W l h DCAA-KAu(3 rliv h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? n 0 �� ( zoning compliance certificate, W applicable) Yes ❑No ❑NA �tvlw j. Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes ENO k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes &INo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does @ involve a ❑Yea &INo []NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC JAN 0 9 2015 ;ement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? oyes fivo fivo (if) Are there coastal wetlands on the site? ❑Yes LyNo (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. fiiki i /I>•uj fin. S�S2�+ o. Describe existing drinking water supply source. CJJU*U1A 0,474k, P. Describe existing s onn water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑ ommercial ❑Public/Govemment pmwid rivate/Gosmarity b. Give a brief description of purpose, use, and dairy operations of the project when complete. plzwoe �� hl �41 SEA) t� ,9,� n-/hGJ c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where itisto be stored. i/ J Gw t ///7► A V' SibQen urt Sl/L�� d. List all development activities you propose. i19D,lh ��GV e. Are the proposed activities maintenance of an existing project, new work, or both? , 1 O L,.It.t f. What is the approximate total disturbed land area resulting from the proposed project? C/4 ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes UNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVED Iy *er FEB 0 9 2015 I. Will wastewater or slonnwater be discharged into a wetland? []Yes o ❑h04r'"'^ If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑ ❑NA I. Is there any mitigation proposed? ❑Yes JONo ❑NA If yes, attach a mitigation proposal. <Form continues on back> DCM WILMINGTON, NC JAN 0 9 2015 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - Mare always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, Deady indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name ry,l ) n�s,,v? Phone No. D9 JVL/� • 3a yo Address PDA% 2 m � /�f 14C ;17,79 71 Name ✓ry_uia CA 11,14 � Phone Nop,� , / n/ 3f Address 7s /4da lu. If!✓I�IWf4 l/Mi NZ ;6V)J /L Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. h. Signed consultant or agent authorization form, 'd applicable. i. Wetland delineation, 'd necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further cery.Yay, that the information provided in this application is truthful to the best of y knowledge. Date J/yr"� Print Name r!I NA/ /}({� RECEIVED Signature FEB 0 Q %p'F Please indicate application attachments pertaining to your proposed project. Pwhe ""H� PITY [_-]DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts ❑ CM MP-3 Upland Development RECEIVED �CM MP-4 Structures Information DCM WILMINGTON, NC JAN 0 9 2015 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 ❑Public/Govemment Private/GernmurrRy a (i) Dock(s) and/or pier(s) (ti) Number (III) Length 3� T (iv) Width (v) Floating ❑Yes u/mo e. (i) Are Platforms included? IJYes ❑No If yes: (ii) Number (iii) Length L (iv) Width b J (v) Floating []Yes L$No Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed L III) Number of slips existing b I. Check the proposed type of siting: ❑ Land cut and access channel Vpen water; dredging for basin andlor channel en water; no dredging required ❑Other; please describe: k. Typical boat length: P f l! f m. (i) Will the fa/cil ty have tie pilings? ❑Yes No (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the faci be open to the general public? ❑Yes o // d. (i) Are Finger Piers included? M es []No If yes: (ii) Number 3/ (iii) Length IN) Width (v) Floating es ❑No f. (i) Are Boatlifts included? pdYes ❑No If yes: (ii) Number (iii) Length (iv) Width 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 stips") only, number of slips: ❑ Dry storage; number of boats: V❑ oat ramp(s); number of boat ramps: _ Other, please describe: 40 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 01da 1Z114 ea:rjr RECEIVED FEB 0 3 2015 DCM-W HB GI1Y (i) Will the fa4-e open to the general public? ❑Yes RECEIVED DCM WILMINGTON, NC JAN 0 9 2015 I DOCKING FACILITY/MARINA OPERATIONS /A Jp This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boathokting tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of'Pumpout Available" signs proposed. f. Descdbe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed or? h. i. Give the number of channel markers and "No Wake" signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? RECEIVED I. If this project is an expansion of an existing marina, what types of services are currently provided? FEB 0 3 2015 DCM-MHO CITY m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No RECEIVED DCM WILMINGTON, NC JAN 0 9 2015 n. Is the marinaldocking 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 leasehokier(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) I r BThiS section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. , 14. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-Z Excavation and Fill.) " 11f IZThis section not applicable a. (i) Number (ii) Length _ (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) I Jl Vrhis section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Average distance from NHW, NWL, or wetlands not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) FEB 0 9 71115 DCM•MHB CITY RECEIVED DCM WILMINGTON, NC JAN 0 9 2015 a. Proximity of -structure(s) to adjacent riparian property lines -f �> , Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body t i(tvf e. (i) Will nav9donal aids be required as a result of the project? ❑Yes No ❑NA (it) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. -. LJ„ f d. Water depth at watenvard end of structure at NLW or NWL -17WLu) 18. OTHER ❑This section not applicable a. Give complete description: srb U 10C N, J Kc� wadkw�ry /d �Y16 i q %k ?ir Date Project Name l=d r Applicant Name ' Of/" � Applicant Ifignature RECEIVED FEB 0 3 ?OM DCM-MHD CITY RECEIVED DCM WILMINGTON, NC JAN 092015 1 I A qfp \ \ IEL ► X•a.— S 29 D 7! V 4OW -MH�t------- M� 1 ► ` Uu�AEAR NDdI VATER pFJtMHV—_ ' 1 x -L5 1 1 I ► n 1 KM HM allATIIN MYR4OIAVB 81 z �mt] am bUTWa IDI Oa-P8-m 1 r. n �0.3 ► z0.6 o K r o l o m CAAA �A s wzs� _-- a, o Ill EXI /'l6UiC 6A�/lam , Tff MUGEAD ELEV. \ Il�t �j� �/cam Nt�it, N G MHO 00' y X \ M PAGE 3 1 +y ! Mi 5b d' 0 Lm \ C \ � unm An \ I I'� TEIaoe-&zm v x oz v •- EIQSTDCi PD]t t DOCK OOM SIDE FRD LDGTED) Dnn b4'� �vslt►� &ZL ��U,U I/>L11I S� FAS Marine Coatraetors, lac. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN{- DURWOOD SYKES Piers, Floating Docks, Pipings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: efly@msn.com FEB 0 3 20b DCM-MHD CITY qq all�J RECEIVED DCM WILMINGTON, rl i NIA1� JAN 0 9 2015 CJ�' Din m a { p 4 O Srdagp 4 ?w�Nxt J'+C�1MY8 �n F v p0 'G " a+egvyp �i � p R 0 a r uo� RECEIVED FEB 0 $ 1015 ypmnR y + RECEIVED e DCM WILMINGTON, NC JAN 0 9 2015 gfGj 3 DCM Coordinator: 1 Permit #: K /S— MAILING DISTRIBUTION SHEET Agents:— F i (n � — DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Wash'S ilmin o `7 US ACOE Offices: . Washington: Ralei Wilmington: err Crumbley Cultural Resources: Renee Gledhill -Early or (en ' mental.review@ncdcr.gov) Public Water Supply: Di e�VYillianis (�II���, Joey White (WARD) NC DOT: Pace Shellfish Sanitation: t Fowler State Property: Tim Walton Water Resources: arPn Higgins (Ral Jo ess (NC DOT) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis - 401 a o urn 40� '-binda.Lewis - Stormwater Wildlife Resources: LPO: Fax Distribution: Permitee Agent #:. azia Dunn (WARD) e�� r1&-EN R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R..van der Vaart Governor Secretary April 1, 2015 Doug Foster 2032 Queens Road West Charlotte, N.C. 28207 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 Sincerely, V Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.necoastaimanagement.net An Equal Opportunity/ Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Doug Foster PROJECT NAME: Foster Docking Facility COUNTY: New Hanover LOCATION OF PROJECT: 26 Pipets Neck Rd, adjacent to Banks Channel & Middle Sound, on Figure 8Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: I-28-I5 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: MacPherson DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 2-4-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED T 0 C) 75 DAY DEADLINE: MAIL OUT DATE:1-30-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: 250 END OF NOTICE DATE: 2-25-15 DEED ��RE((C''' 1D1: ON: vy3t( 150 DAY DEADLINE: STATE DUE DATE: 2-25-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 2.3 - 15 Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) 35- I S State Property Office 3-P IS / y/ Division of Archives & History RECEIVE Division of Environmental Health Z .Z t S FEB 0 3 10 Division of Highways 2- rz- /S / ✓ PcM,� wq Wildlife Resources Commission -/5 ✓ Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers 3 11-t S ✓ u Pigs 2-- 10- is t DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 RECEIVED a LYTO MAR 11 20S AMUMON OF; March 6, 2015 j40!"I PhD CITY Regulatory Division Action ID No. SAW-2015-00468, General Permit No. 197800056 Mr. Doug Foster 2032 Queens Road West Charlotte, North Carolina 28207 Dear Mr. Foster: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to construct a docking facility at 26 Pipers Neck Road, along Banks Channel and Middle Sound on Figure 8 Island, New Hanover County, North Carolina. Coordinates are: 34.2515N,-77.7640 W. On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the submitted plans and the revised plans received on February 3, 2015, which are a part of this permit. 2. An as built survey of the structure and an exact coordinate location of the seaward end of the dock will be sent to our office for review for navigation concerns. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. j -2- Thank you for your time and cooperation. If you have questions, please contact Christy Folta, of the Wilmington Regulatory Field Office, telephone: (910) 251-4637 Sind/ `Y, Christy Folta, Regulatory Program Assistant Wilmington Regulatory Field Office Enclosure: GP 56 conditions Copies Furnished (with enclosure): Mr. Ed Flynn F&S Marine Constructions, Inc. Post Office Box 868 Wrightsville Beach, North Carolina 28480 Copies Furnished (without enclosure): Mr. Robb Mairs Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Jonathan Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 4. Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED MAR 11 205 -3- n1-03*n* w" A� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 10, 2015 Mr. Doug Foster 2032 Queens Road West Charlotte, NC 28207 Subject EXEMPTION Stormwater Project No. SW8150123 Foster Private Docking Facility New Hanover County Dear Mr. Foster: Donald R. van der Vaart Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on January 30, 2015. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.leWs@ncdenr.gov. Since ly, or Tracy E. avis, P.E., Dir for Division of Energy, Mineral, and Land Resources GDS/arl: G:IWQISharedIStormwater'Permits & Projects120151150123 Exemption12015 03 permit 150123 cc: F & S Marine Contractors, Inc. New Hanover County Building Inspections Tara MacPherson/Shaun Simpson Jonathan Howell, DCM R1( J ivr r' Wilmington Regional Office Stormwater File MAR 1 Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax (910) 350-2004 An Equal Opportunity 1 Affirmative Action Employer • 30% Post Consumer Paper • Internet: httolbodal.ncdenr.omAyebll NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 30, 2015 Donald R. van der Vaart Secretary Division of Coastal Management EECEWE MEMORANDUM: 11 JAN 3 O 2015 1 TO: Georgette Scott Stormwater Section DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Doug Foster Project Location: 26 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound on Figure 8 Island, New Hanover County Proposed Project: to construct a 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 February 25, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � DATE44 RECEIVED MAR 05 20"1 N.C. Division of Coastal Management PIP—WN1M9 CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nGcoastaimanagement.net An Equal Opportunity V Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 30, 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 FEB 0 2 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 Application Review Doug Foster Project Location: 26 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound on Figure 8 Island, New Hanover County Proposed Project: to construct a 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 February 25, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. �N ova 1' RECEIVED REPLY: T hi agency has no objection to the project as proposed. MAR 0 2 20h �5 DCM-MHD Cm a This agency has no comment on the proposed project. �op�Y 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 (%d'� — 1 7S stal Management 127 Cardinal Drive Ext., Wilmington, NC 28406 Phone: 910-79&72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunlly 1 Affirmative AdGon Employer RECENED MAR 0 2 Yub PrRm:MMH eITY kFIA NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 30, 2015 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO Donald R. van der Vaart Secretary FE9 0 2 2015 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Doug Foster Project Location: 26 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound on Figure 8 Island, New Hanover County Proposed Project: to construct a 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 February 25, 2015, If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE FeL�,) 51 2015 RECEIVED N.C. Division of Coastal Management FEB 10 10''" 127 Cardinal Drive Ext„ Wilmington, NC 28405 DCM-MHO CITY Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor Donald R. van der Vaart Secretary January 30, 2015 Division of Coastal Management FEB 0 ? 2015 MEMORANDUM: Division W/RpubWater Rego TO: Heidi Cox oWatergurces Environmental Engineer Public Water Supply FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Doug Foster Project Location: 26 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound on Figure 8 Island, New Hanover County Proposed Project: to construct a 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 February 25, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDI DATE RECEIVED N.C. Division of Coastal Management FEB 10 1015 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-rMHD Crry Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.necoastalmanagement.net An Equal Opporlumlry 1 Affirmative AdWn Employer RECEIVED FEB M�WA-tixo�t.ih; WON North Carolina Department of Environment and Pat McCrory Governor February 17, 2015 Mr. Doug Foster 2032 Queens Road West Charlotte NC 28207 Natural Resources Donald R. van der Vaart Secretary DWQ Project # 15-0146 New Hanover County Subject Property: 26 Pipers Neck Road — Figure Eight Island NO WRITTEN CONCURRENCE NEEDED Dear Mr. Foster, You have our approval, in accordance with the attached conditions to construct a private docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on February 3, 2015. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at httr)://t)ortal.ncdenr.oreweb/wg/swi)/ws/401/certsandpermits. This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are fmal and binding unless you ask for a hearing. RECEIVED 1617 Mail Servioe Center, Raleigh, North Carolina 27699-1601 FEB 2 3 1015 Phone: 919-707-86001Internet: www.ncdenr.gov 4tY1"I-vanµ An Equal Opportunity 1 Affirmative Action Employer- Made in pad by recycled paper 2 26 Pipers Neck Road New Hanover County 2015-0146 1 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincer y, Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3883 Certificate of Completion cc: Ed Flynn — F&S Marine Contractors, Inc., P.O. Box 868, Wrightsville Beach, NC 28480 Jonathan Howell — DCM Morehead City Robb Mairs — DCM WiRO Tyler Crumbley — USACE Wilmington Field Office 401 & Buffer Permitting Unit — FILE COPY WiRO RECEIVED FEB 2 3 208 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: Date: RECENED Agent's Certification FEB 2 9 2015 ki-ow vpw k 04 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, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date RECEIVED FEB 2 3 2015 ��y�-iygk d-Hy NCDENR North Carolina Department of Environment and Pat McCrory Governor January 30, 2015 Natural Resource Donald R. van der Vaart Secretary Division of Coastal ManagementE """ v�= Fl MEMORANDUM: >r JAN 3 0 2015 TO: Chad Coburn J. ; 401 Wetlands y -- — — --_ DWR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Doug Foster Project Location: 26 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound on Figure 8 Island, New Hanover County Proposed Project: to construct a 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 February 25, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. &C /-C 4-r Lur i4"I pa // p // S GC G REPLY: This agency has no objection to the project as proposed. RECEIVED This agency has no comment on the proposed project. FEB 2 8 2015 w►pq.�laM t.fwi This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED • \ ` DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastaimanagement.net An Equal Opportur ily 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor Donald R. van der Vaart Secretary G , 15. 02-02. D2- January 30, 2015 Division of Coastal Manaqement MEMORANDUM: TO: FROM: SUBJECT: Applicant: Maria Dunn NCWRC WaRO i WiRO Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review Doug Foster Project Location: 26 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound on Figure 8 Island, New Hanover County Proposed Project: to construct a 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 February 25, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE ;2-IL-fs KtUEIVED FEB 2 3 1015 N.C. Division of Coastal Management RQr 401HO Crry 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 DISTRICT 3 NCD NR FEB 0 3 2015 North Carolina Department of Environment and Natural ResourlWEIVED Pat McCrory Donald R. van der Vaart Governor Secretary January 30, 2015 Division of Coastal Management MEMORANDUM: TO: Anthony Law NC DOT New Hanover Co. FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Doug Foster Project Location: 26 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound on Figure 8 Island, New Hanover County Proposed Project: to construct a 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 February 25, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. FEB 19 701S agency has no comment on the proposed project. FWIIM "n"b c'ry 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 19 , � DATE -2-/ 9 /' N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanaoement.net An Equal Opportunity 1 Affinnafive Action Employer RECEIVED FE8 Q 3 2pt5 , NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary January 30, 2015 Division of Coastal Manaaement MEMORANDUM: TO: Christine Bouffard LPO Wrightsville Beach FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Doug Foster Project Location: 26 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound on Figure 8 Island, New Hanover County Proposed Project: to construct a 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 February 25, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 2&/Sl— RECEIVED N.C. Division of Coastal Management FEB 11 2015 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM.MHE) erry Phone: 910-796-72151 FAX: 910-3953964 Internet: www.nccoastalmanaaement.net An Equal Opportunity 1 Afinnabn Acton Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 30, 2015 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Doug Foster Project Location: 26 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound on Figure 8 Island, New Hanover County Proposed Project: to construct a 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 February 25, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _i 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 64"�1/liri_. DATE 1 Z/ N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opporlunily 1 Affirmative Action Employer RECOMMENDATIONS FOR Doug Foster January 28, 2015 The total area of floating dock and platform was calculated as follows: Shoreline length = 135 ft. x 8 ft. = 1080 sq. ft. allowable Proposed gazebo = 16 ft. x 16 ft. = 256 sq. ft. Proposed floating dock= 35 ft. x 10 ft. = 350 sq. ft. Proposed boatlift = 14 ft. x 14 ft. = 196 sq. ft. Total = 606 sq. ft. The reconfiguration would continue to provide docking space for the total up to four (4) vessels at this location. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule, the eight square foot rule and the pier width rule. The proposed structures would be located entirely over open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include the following conditions: This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 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. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. 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. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 8. This permit authorizes a maximum of four (4) boat slips. At no time shall more than four (4) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 9. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the comn�rpRnt of any such activity for this determination. FEB 0 3 2015 A'QW M119R_!?Y UNEWIR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 30, 2015 RECEIVED Division of Coastal Manaaement MEMORANDUM: FEB it e.2015 DCM-Flsherree TO: • Shane Staples waao Fisheries Resource Specialist DCM - WaRO Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Doug Foster Project Location: 26 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound on Figure 8 Island, New Hanover County Proposed Project: to construct a 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 February 25, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed.. A This agency has no comment on the proposed' project. This agency approves of. the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910395-3964 intemet: www nocoastalmanaaement.net An Equal Opp UIOAftaMe action Eir*Y r Eli M HCDENR North Carolina Department of Environment.and Natural Pat Mcurory Governor January.'30, 2015' Division of Coastal Management MEMORANDUM: TO: Renee Gledhill -Early Dept. of'Cultural Resources Archives & History FEB 0 5 2015 Nt9TOnIC L" Al"'.2 A-,i FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400,Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT,, CAMAApplication"Review Applicant:, boug,Foster Project Location: 26 Pipers Neck Rd., adjacent to Banks Channel & Middle Sound on.Figure 8 Island, New Hanover County Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpointon the proposed project and return this form to Jonathan Howell at the address above by February 25, 2015. If you have any questions regarding the proposed,project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data'is requested. REPLY: This agency has no objection.to the project as proposed. This -agency has.no comment on the, proposed project. This'agency approves of the project only if the recommended changes are incorporated. See attached. This, agency, objects to the .project for reasons described in the,attached comments. SIGNED L�t r.�.�&l4ait�' cT��St DATE KC: PkIsion of Conwal Management 127 Cardnal Crve FA, Wilmington, NC 2W5 ��B O & 2015 Phone: 91D-7S6-72151FAX: 9 Mn5-39MImemecwNi.n=stalmanwement.net An F9ua Ocrrnwrny 14Rinti!c0 y.:wn Ermtw DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Doug Foster c/o Ed Flynn 2. LOCATION OF PROJECT SITE: Site is located at 26 Pipers Neck adjacent to Banks Channel and Middle Sound on Figure Eight Island, New Hanover County. Photo Index — 2006: 24-7408 0-2 2000: 24-310 J-5 1995: 24-292 M-16 State Plane Coordinates - X: 2373593 Y: 184880 GPS —O 011512A (uncorrected) Lat:34°15'05.28"N Long:77°45'49.95"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 1/15/15 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 1/9/15 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Timber bulkhead Planned- Private pier with gazebo, floating dock and boatlift. 7 11 (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER RECEIVED FEB 0 3 2015 PC"..Nq plTy (A) Vegetated Wetlands (§404) Non -Vegetated Wetlands (Open Water) 1006 sq. ft (incorporated) (C) Other - Highground disturbance (D) Total Area Disturbed: 1006 sq. ft. (0.02 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to construct a private four (4) slip docking facility with a gazebo, floating dock and boatlift in Banks Channel. Doug Foster Page 2 9. PROJECT DESCRIPTION The project site is located at 26 Pipers Neck Road on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south to Little Neck Road. Turn right onto Little Neck Road and take the next left onto Pipers Neck Road, the subject property will be located on the right side of the road. Existing structures on the undeveloped project site include a timber bulkhead. The project site is approximately 0.66 acres and is vegetated primarily with Wax Myrtles, Cedar Trees and native grasses. The project site has approximately 135 feet of shoreline frontage along Banks Channel that has been stabilized by a wooden bulkhead. Located waterward of the bulkhead are small patches of coastal wetlands consisting primarily of Salt Meadow Grass (Spartina patens). Normal High Water (NHW) is approximately 8 ft. from the bulkhead on the northern side of the property and approximately 1 ft. from the bulkhead on the southern side of the property. CAMA Minor permit No. NH 15-03 has been issued for development of a single family residence on this property. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a private four (4) slip docking facility with a gazebo, floating dock and boatlift in Banks Channel. The applicant states that a private pier measuring approximately 34 ft. in length by 6 ft. in width would be installed approximately 40 ft. from the northern property line. The pier would terminate in covered gazebo measuring approximately 16 ft. in length by 16 ft. in width. An access ramp would extend waterward from the gazebo to a floating dock measuring approximately 35 ft. in length by 10 ft. in width, creating an L shape. According to the application a boatlift measuring approximately 14 ft. in length by 14 ft. in width would be installed immediately to the south of the floating dock (See Sheet 1 of 3) The proposed new docking configuration would provide docking space for up to four (4) vessels within existing water depths ranging from approximately -4.0' to -7.0' at normal low water (NLW) (See sheets 1 through 2 of 3). 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 1006 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed structure would extend approximately 72' into a waterbody, which measures approximately 400' across. This distance would conform to both the 1/4 width rule and the established pier lengths. The proposed structures would not encroach into a channel or the adjacent 15' Riparian Corridor Setback Area requirement. Minor increases in turbidity should be expected during construction. RECEIVED FEB 0.1 M15 PP-PMz- "b erry Submitted by: Tara MacPherson Date: January 28, 2015 Office: Wilmington F dr S Marine Contractors Inc. P. 0 Box 868 Wrightsville Beach, N.C. 28480 Phone/fax 910-256-3062 9 January 2015 NCDENR Wilmington, N.C. Capt. Ed Flynn Durwood Sykes email: efly0ftsn. com The enclosed CAMA Major Permit application for Mr. Doug Foster, 26 Pipers Neck Road, Wilmington, N.C. 28411, is to install a fixed pier with a 16W6' povilion seating area, 105e35' floating dock and boatlift. A total of four boat slips are proposed. The proposed pier and dock facility are for the applicants' family use. RECEIVED FEB 0 3 2015 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC Complete Marine Construction Service For Over 35 Year& 0 9 2015 Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs R -E4 C E, IVED JAN 0 9 2015 N E dR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor Donald R. van der Vaart Secretary January 30, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for Doug Foster Kyle & Heather: Please publish the attached Notice in the Wednesday, February 4, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, /�� Shaun K. Simpson Permitting Support & Custom Assistance Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Crumbley - USACE Michele Walker- DCM RECEIVED FEB 0 8 20 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. On January 28, 2015, Doug Foster proposed to construct a private docking facility at 26 Pipers Neck Rd, adjacent to Banks Channel and Middle Sound, on Figure 8 Island, New Hanover County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7425) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to February 25, 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. QFCENED FEB 0 3 2015 MAJOR PERMIT FEE SCHEDULE JDoug Foster/ $250 / New Hanover County DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B. C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 1 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED FEB 0 3 20B DENR CAMA Daily Check Log for WIRO Date Received Check From (Name) Name ofPennit Holder Vander Check Number Check amount Permit Number/Commanfs RefunWRea/bcatW 121102014jSun Technologies Sandeep Shanoe _ !BofA 5073 $43600 $20000 $200 00 JGP $400.00 Vio#1 -11D GP 65069D 84081 D major fee, Wilmington, NHCo 12/11/2014-Boetzright _ 12/N/2014 12/11/2014 Inc. _ Holden Dock & Bulkheads - _ 5&ME Kevin Thomas _ �First Citizens Bank Don & Elizabeth Whitener - _First Community Bank USS North Carolina IB of A _ 1805+_ _ 5955 4728! 12/122014 Riptide Builders, LLC same, owner Donald Bean BB&T _ _ 75251 $50.00 minor exemption fee. NTBEX 1439 Ona. GP 64087D,64088D, 85044D 90$200ea 12/12/2014 Holden Dods & Bulkheads Dodson, Baxter, Mauney IFIrst Community Bank 5958 $600.D0 12/122014 Charles and Card Walters Gloria G. Smith BB&T 7980 $200.00 GP 64085D I 191512014 David Davis, Steven Davis, Janice Baklwin _ _ David Davis SunTrust 1596 $100.00 minor fee, 1203 Ocean Blvd. TB, PNCo 12/152014 The Village of Bald Head Island _ "me PNC Bank _ 57248 $100.00 renewal fee, MP 22-10, BrCo 12/172014 Stisvart Engineering, Inc. Sea View Properties JPNC Bank 12179 $200.00 fees for mod & reneval, MP 141-07, NHCo _ 12/172014 Conaway Marine Construction, Inc David Wilson and Martin Covert IE o/ A _ 8895 E200.00 GP 52465D 12/172014 Oak Island Accommodations Jay Motzinger jBB&T _ 32781 $100.00 minor fee, 703 Caswell Bch BrCo 12/192014 Lighthouse Marine Construction inc Maxwell Foods LLC B of A 5194 $600.00 GP 65071 D 12/192014 Town of North Topsail Beach same First Citizens Bank 39043 $100.00 minor mod for MP 92-14 12119=14 F and S Marine Contractors Inc DeSherbinin PNC Bank 4223 $200.00 reissue, GP 54045D 12/19/2014 Western Union Money Order, Brandon Grimes Brian Forehand (see 1/5H5 for addl $400 MO) Wells Fargo Bank 17-1350198171 $200.00 reissue, GP 64041 D 12/192014 Western Union Money Order, Brandon Grimes Gail Wamaley Wells Fargo Bank 17-135019818 $200.00 reissue, GP 63926D _ _ _ _ 12//92014 Atlantic Coast Industrial, LLC same BB&T 7451 $200.00 GP 65072D is reissue of93951D 12/192014 Northam Rivertront Marina and Hotel, LLLP same PNC Bank 3818 $100.OD renewal fee, MP 44-07 _ 12222014 Coastal Marine Piers Bulkheads LLC Shinn Creek Estates Wells Fargo 19946 $100.00 mod fee, MP 72-82 _ 12222014 Clements Marine Construction Inc SmNVNHCo, Yeaton/PNCo, Thompson/PNCo First Citizens Bank 3873 $750.00 3 MP fees @3250 each 12WRO14 Coastal Urge LLC Jeff Nathan B of A 2263 $250.00 major fee, NHCo _ 12232014 Mark U Wikl-Ramsing & Dina Wild-Ramsing Chambers/Jacoby NC SECU 5323 $200.00 GP 12232014 W. Wayne Holden Wilbur and Cecil Holden, major permit Wadlovia 2394 $100.00 renewal fee, MP 77-93 _ 12/302014 _ _ Logan Marine LLC Portefs Neck Property Investments, LLC Coming Federal Credit Union 1144 $200.00 GP 65074D 12/312014 Grice Cstmction of Brunswick Cc on Snow, Mueller, and Stone BB&T 10045 $600.00 GP 65048D @$200 GP 65047D @$200 GP 65046D Q$200 12/312014 H5 Construction, LLC Kevin Pless BB&T 1158 $200.00 GP 65049D _ 1/52015 Western Union Money Order, Brandon Grimes Brian Forehand (see 12/19114 for addl $200 MO) Wells Fargo Bank 17-135019696 $400.00 GP 52464D reissue of 64041D 1/52015 The North Carolina Coastal Federation same First Citizens Bank 15883 $475.00 MP Stump Sound Hab. Rest., One _ 1/6/2015 _ F and S Marine Contractors In_c_.___ Cliff Benson iPNC Bank 4247 $250.00 MP fee, NHCo 1/8/2015 Pink Assodates, Inc. Michael Petrillo :Wachovie 8551 $20g.00GP 85070D 1/72015 _ Maritime Coastal Construction LLC Michael Burkih _� First Communty Bank 1581 _ $400.00 GP 64062D _ 1/8/2015 Town of Ocean Isle Beach aeZn _ _ _ Branch Banking & Trust Co. 68021 $100.00 minor fee, OIB 15-01, Br. _ 1/92015 _ F and S Marine Contractors Inc. __ Doug Foster PNC Bank 4252 $250.00 major fee, 26 Pipers Neck Rd., Wilm __-ep--m m -_-._- Q NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 30, 2015 F & S Marine Contractors, Inc c/o Ed Flynn P.O. Box 868 Wrightsville Beach, NC 28480 Dear Mr. Flynn: The Division of Coastal Management hereby acknowledges that on January 9, 2015 we received your completed application, acting as agent for Doug Foster, whereby you are requesting State approval for the development of property located at 26 Pipers Neck, adjacent to Banks Channel, on Figure Eight Island near Wilmington in New Hanover County. The projected deadline for making a decision on your permit application is March 25, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from January 9, 2015 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tara MacPherson Field Representative RECEIVED FEB 0 3 101:5 cc: Jonathan Howell, DCM Tyler Crumbley, USACOE DCM-MHD CITY Christine Bouffard, LPO 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-M Intemel: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Action Employer NOTI(ow$1: AMA PERMIT APPLIED FOR to • • . • New Hanover County. COMMENTS T APPLICANT: G ACCEPTED THROUGV PM Not Fft e ruar FOR MORE DE7AILS CONTACT THE LOCAL PERMIT OFFICER BELOW: marine Contractors, Inc. Attn: Ed Flynn ru ox 868 For. Doug Foster NC Div. of Coastal Management 127 Cardinal Dr. Extensmon Mming on, NC 28405 Tara Macpherson, Field Specialist 910-796-7425 01/07/2015 06:44 704-335-0225 DOUG FOSTER PAGE 03 jrel 1 •�� . North Carolina Deartment of Environment and Natural Resources Pat McCrory John E. Skvatls, III Governor secretary N.C. Division of Coastal Management }�rENT AUTHORIZATIO/SNN FORM Date: ��► �' " rN e Of Pro�arty Owner APPIYhrg for Permit 0 its NK1LLnI. y Owners Maoft Address: Zn rL 6 W15 ��tti�� za2r7"I Email: Phone r10-i )9D'}-`14D1 Name of AUM Agent for this project: _ 'd , I Agents 111116111m Address: I Certify that I have authorized fhe agent listed above to act on my b"If. for the purpose of apWYhV for, agd obtaining all CAMA Permits For my property located at or construct the following (activity): This certification is valid 1 year from (dace) Property Owner Signature Daa 127 Gadnat Dow Ear., wllwow, NC 26/06 phone, 91o.79672151 FAX, e10-395 994 WwW: WWW ncOMM1aana9wMnt.nd M EqudoppAvAy 1A&w4" Adm EffObW RECEIVED FEB 0 3 2015 DCM-MHO CITY (DECEIVED DCM WILMINGTON, NC JAN 0 9 2015 F & 5 Marine Contractors, Inc. P.O Box 868 Capt. Ed Flynn Wrightsville Beach, N.C. 28480 Durwood Sykes Phone/fax 910-256-3062 email:ef/yIlI com S Jy3 Tv Ge /4✓j7O D ■ Complete items 1, 2, and 3. Also complete A. Sig ture Rem 4 if Restricted Delivery is desired. X r D/ , _ ) Agent Print your name and address on the reverse �- �'1..�—rLJ Address" so 'fiat we can return the card to you. g. Rsceivetl by (Printed Name) C to of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address dII item 1? 13 Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No 3. Se ice Type �� Certified Mail® ❑ Priority Mail Express'" ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 1200 0001 2826 9416 (nansfer from service labeq ___..---__ -.--- PS Form 3811, July 2013 Domestic Return Receipt RECEIVED FEB 0 3 711b n V) DCM-MHD CITY �J1 J� Complete Marine Construction Service For Over 35 Years �Q Piers — Bulkheads — Floating Docks — Boatlifts — Pilings — Repairs y CEIVED JAN 16 2015 RECEIVED DCM WILMINGTON, INC JAN 16 2015 IN Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this carthe back of the mailpiece, or on the front ce permits. 1. Article /, V/P l�k�in j 1UnJ l�l.L. a 7 ate Er -Agent MI red Name) C. Date �rvery D. b delivery ad '' `r: ltow 17 ❑ Yes If YES, ante �I�p^ae ress below: ❑ No 900 3. IaCertified Mail® ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Numoer (trans/erfromservice labeq 7014 1200 0001 2826 9423 PS Form , July 201 Domestic "m Rwelpt f�EEo UNITED STATES+I �QSTAL ERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box* f & Cf !7640 ( OWAWI 140. RO. BOX%8 ftt� Beads NC 2W (91(n III, I,111,.111d4h111111-1HII„II,])„hr111111111111 If) ,Ip, F & S Marine Contractors Inc. P.O Box 868 Capt. Ed Flynn Wrightsville Beach, N.C. 28480 Durwood Sykes Phone/Fax 910-256-3062 email:ef/y6Dmsn.com fi�m� M�PX/ ,,v RECEIVED 0 S 1 DC Cr•MMD Complete Marine Construction Service For Over 35 Years 0 Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs RVX VED N �m JAN 2 0 P115 z z ARRANTY DEED REVENUE STAMPS: $2,500.00 PAdumb: Eugene B. Dale, Jr TAX PARCEL NUMBER: R05207-002-031-000 Aflaineat LW 1612M0y fae,Sts3D1 WWNngton, NC 2UM GRANTEE'S ADDRESS: W. Dougglas Foster U4 en eO i— ? , rJ G 9-Y a-O -:1 PREPARED BY: MARSHALL, WILLIAMS & GORHAM, LLP P. O. Drawer 2088, Wilmington, NC 28402 BRIEF DESCRIPTION: Lot 26, Block B, Section 11, Figure Eight Island All or a portion of the property herein conveyed includes or X does not include the primary residence of a Grantor. STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED, made and entered into this 11 th day of July, 2014, by and between R. DURWOOD ALMKUIST, II, TRUSTEE of the RDA Trust dated July 23, 2003, with an address of 28 Shore Drive, Wrightsville Beach, NC 28480, hereinafter called GRANTOR, and W. RECEIVED DOUGLAS FOSTER (Married), hereinafter called GRANTEE (the designations Grantor and Grantee as used herein shall include said parties and their heirs, successors, and assigns, and shall FEB 0 $ 201; include singular, plural, masculine, feminine, or neuter, as required by context). DCM-MHD qli RECEIVED DCM WILMINGTON, NC JAN 0 9 2015 The GRANTOR, for a valuable consideration paid by the GRANTEE, the receipt ofwhich is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the GRANTEE in fee simple, all that certain real property located in New Hanover County, North Carolina, and more particularly described on EXHIBIT A — PROPERTY DESCRIPTION attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the above granted and described property, together with all privileges, easements, tenements and appurtenances thereto belonging, to the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE, that the GRANTOR is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Ad valorem taxes for the year 2014 and subsequent years; 2. All utility easements, street rights -of -way, and other easements of record; 3. Applicable restrictive covenants of record; 4. Local, county, state, and federal government laws and regulations relative to zoning, subdivision, occupancy, use, construction, and development of the subject property; 5. Any lands situated below the mean high water line of Mason's Channel or other waters abutting the subject property; and 6. All other applicable restrictions, easements, and exceptions as set forth on EXHIBIT A —PROPERTY DESCRIPTION attached hereto and incorporated herein by this reference. IN TESTIMONY WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. \ l_1 —x \ A(SEAL) R. DTJRWOOD ALMKUIST, U Trustee of the RDA Trust dated July 23, 2003 RECEIVED FEB 0 3 2015 B6M-ktHt� GITY RECEIVED DCM WILMINGTON, NC JAN 0 9 2015 TE OF-NORTff CAROLINA : LINTY OF 3&U•C Y I, `rt_tr,' hl • DRU(d f:nJ a Notary Public of u/� County, NwthCarolma, certify that R. Durwood Almkuist, II, Trustee of the RDA Trust dated July 23, 2003, 3onally appeared before me this day and each acknowledged to me that he or she voluntarily ted the foregoing document for the purposes stated therein and in the capacity indicated. Witness my hand and official stamp or seal, this 114iday of July, 2014. >11 J r;(1VOTARY SEALI OTARf �rSignature of Notary Public Printed or Typed Name of Notary Public My Commission Expires: 6 RECEIVED FEB 0 3 20b B�tot-ttrx� etrr RECEIVED DCM WILMINGTON, NC JAN 0 9 2015 XHIBIT PROPERTY DESCRIPTIO Being all of that certain parcel of land situated, lying and being in New Hanover County, North Carolina, and more particularly described as follows: Lot 26, Block B, Section 11, of Figure Eight Island Subdivision as shown and described on that certain plat entitled "Figure Eight Island" recorded in Map Book 14, Page 3, in the office of the Register of Deeds of New Hanover County Registry, North Carolina, to which said plat reference is hereby made for a complete description of said lot, together with a right-of-way in common with others, over, through or upon streets and walks shown on the above referenced map, and any and all existing streets and walks providing access to this tract By acceptance of this Warranty Deed: (i) Grantee agrees to abide by all of the terns, conditions, restrictions and covenants in the Declaration of Restrictive Covenants, and all amendments thereto, and to pay all assessments levied pursuant thereto, and (ii) Grantee agrees to be a member of Figure "g" Beach Homeowners' Association, Inc., to pay all fees, dues and assessments levied by said Association upon Grantee as a member thereof; and to otherwise abide by the Articles of Incorporation and By -Laws of said Association. RECEIVED FEB 0 B 2015 HP.M-MAa oirti RECEIVED DCM WILMINGTON, NC JAN 0 9 2015��� A/V o--/ AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NOTICE OF FILING OF APPLICATION DEVELOPMENT LJOR DEVEBefore the undersigned, a Notary Public of Said County and State, The Department of Environment and Natural Resources hereby gives pubpc notice as required by NCGS 113A-119(b) that the following ap- plication was submitted for a de- velopment permit in an Area of En- Who, being duly sworn or affirmed, according to the law, says that he/she is i.-'�ad1acent Accounting Specialist and Middle Bland, New of the ap- of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State of red or cop-' �a MacPher- North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington ironment & )ivisloof 27 Cardinal NOTICE OF FILING OFAPPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NC 28405, 9 normal The Department of Environment and Natural Resources hereby gives public notice as required Braxton C. by NCGS 113A-1196 that the following application was submitted for a development permit in of Coastal an Area iomncanon may occur based view and comment by .the was inserted in the aforesaid newspaper in space, and on dates as follows: and state and federal aggen- Nobce of the permit tleci- i these matters will be pro - upon written request. 214 lx And at the time of such publication Star -News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. Title: Accounting Specialist Sworn o ffumed to, and subscribed before me this Ib I day of E pJdr %, In Testimony Whereof, I have hereunto set my hand and affixed my 0 year aforesaid. g4j UB My commission expires ( day of & , 20 1 X m pl.%t 7�6 wwwt� Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). This day of MAIL TO: Clerk of Superior Court RECEIVED DCM WILMINGTON, NC FEB 13 2015 d