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106-22 Clark, William & Karen
Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 'Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 106-22 Issued to William and Karen Clark 4205 Old Brittain Place, Hickory, NC 28465 Authorizing development in Brunswick County at adi. to AI W W at 308 West Yacht Drive, in Oak Island, as requested in the permittee's application dated "received 9/16/22" (MP-1, MP-4), incl. attached work plan drawings (3), Sheet 1 of 3 dated 5/5/22 and Sheets 2-3 of 3 dated 9/13/22. This permit, issued on October 5, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )f these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null ano vota. Docking Facility Expansion 1) This permit authorizes only the fixed platform, 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. 2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for no more than 2 formalized boat slips. (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 October 5, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Z/-/O� i For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee William and Karen Clark Permit No. 106-22 Page 2 of 3 ADDITIONAL CONDITIONS 3) 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 minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 4) No portion of the permitted structure shall be located within the near bottom edge of the federally maintained AIW W channel. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 7) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the. permitted structure. USACE Conditions 8) The permittee's scheme of development, of which the authorized work is part, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIW W). Accordingly, the permittee shall be required to remove such structures and improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings shall not be constructed within the easement. 9) If requested by the U. S. Army Corp of Engineers, an "As -Built" survey of the development must be submitted within thirty (30) days of project completion to the U.S. Army Corp of Engineers Wilmington Regional Office, 69 Darlington Avenue, Wilmington, North Carolina 28403. Sedimentation and Erosion Control i 10) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 12) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. William and Karen Clark ADDITIONAL CONDITIONS Permit No. 106-22 Page 3 of 3 13) All construction debris associated with the removal.or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4497 and assigned the project DWR Project No. 2022-0850. 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: An application processing fee of $400 was received by DCM for this project. DCM Coordinator: (drl Permit #: I OG .-Z 2- MAILING DISTRIBUTION SHEET 0248s Agents: Wn 6O�W_ L-Z, U L— DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington t%3n21,� (OBJECTIONS ) ra >O_ US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Wilmington: Wildlife Resources Natural Heritage Program LPO: Greg Curry (Brunswick, New Hanover) t Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Clif Whitfield (WARO) Kim Harding David Hams Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger-401 TBD - 401 Jimmy Harrison Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Holley Snider — 401 (Pender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: William & Karen Clark COUNTY: Brunswick RECEIVED PROJECT NAME: Clark Docking Facility LOCATION OF PROJECT: 308 W Yacht Dr., adj. to the AIWW, Oak Island JU N 2 8 2022 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-6-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A DCM-MHD CITY FIELD REPRESENTATIVE: Amico DISTRICT OFFICE: W ILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 6-30-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 8-20-22 MAIL OUT DATE: 6-24-22 PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $400 (60/40)#6007 END OF NOTICE DATE: 7-21-22 DEED REC'D: Yes I50 DAY DEADLINE: STATE DUE DATE: 7-21-22 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NOTES DCM — Field Rep b yNO /`(powa N9 DCM — LUP Consistency Determination a x &A,� Local Permit Officer 6 Corps of Engineers — Regulatory Branch DWR-401 Section 23 A- 4417- 2oZZ086D DWR — Public Water Supply 11b DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section p 6 )( DMF — Habitat & Enhancement b `P DNCR — Archives & History 2 X DNCR —Natural Heritage Program NCDOT NC Dept of Commerce % X RECOMMENDATIONS FOR 308 West Yacht Drive The total area of floating dock and platform was calculated as follows: Shoreline length = 63 ft. x 8 ft. = 504 SF allowable Existing Pier = 35 ft. x 6 ft. = 210 SF, not counted for access credit Existing Gazebo= 18 ft. x 14 ft. = 252 SF Existing Boatlifts: 2 @ 13 ft. x 13 ft. = 338 SF not counted for shading Proposed Piling -less gangway =14ft. x 4 ft. = not counted for shading Proposed Floating dock = 16 ft. by 8 ft. = 128 SF Total Counted sq. ft. = 380 SF The proposed docking expansion development would provide docking space for three vessels. The proposed docking expansion would extend approximately 48' into the waterbody, which measures approximately 412' across. As proposed, the project would be CONSISTENT with the use standards set forth in NCAC 07H .0208, including the docking facility length limitations, the eight square -foot shading rule, and the 15ft. riparian setback rule. The docking facility would be located entirely over open water but extend waterward of the e era . anne Setback. The USACE Navigation has provided prior approval for this encroachment in an email dated 4/25/22 when this proposal was originally submitted as a General Permit Application (a copy of this email is included in the application materials). Despite the project meeting the specific use guidelines in estuarine waters, there are still concerns about water depths and the impact of the proposed docking facility in a Primary Nursery Area. This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. RECEIVED JUN 2 8 2022 DCM-MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone:910-796-72151 FAX:9103953964 Internet: witvw.nowastalmanagement.nel An Equal Opportunity %Alfirnative Action Employer DCM Coordinator: Cameron Luck County: Permit 0: 1159 WIRO E-MAIL DISTRIBUTION Circle on : Bio Report ermit for: � t � 11 ow aVIA 1�-Ayelyi ayy- Oversize PI : DCM Offices: Morehead City: PT (if oversize) via Courier 'cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet v JMHC documents (Cam & Amanda) Wilmington: Original hard -copy _ ONLY USACE & DWR twrro/: Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: er & Carteret Co): PN, CL, Reports, Split Sheet use bothrreg ilmiingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet urrey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet er- 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: ✓ Ki Harding DCM Planner/WiRO: ke Christenbury Cultural Resources: j1 nee Gledhill -Earley Environmental.Review9Dncdenr.gov_ Natural Heritage Prog. dney Butler DCA-Rural Eco. Dow nark Ziegler _ NC DOT: Wa id Harris_ Wildlife Resources: is Dunn w/Reports State Property Office: /� T' Walton: DEED i se _ Hilliard, Real Property Agent (Bio Reports only) ;andaMo Shellfish Sanitation: !e emy Humphrey (Bio) / _ 7aron Gupton, Admin. _ DEMLR: /hristine Hall - Stormwater Section _ an Sams - Land Quality Section Public Water Supply: 'eidi Cox _ City of Wilmington: Enforcement: �FIs Rep: A+Yi &V-- ' , &0 _Co. LPO Agent: DISTRIBUTED: tC 2A IZZ RECEIVED JUN 28 2022 DCM-MHD CITY Updated 22522 CAMA/Shaun majors docsre'Agency List MEMO To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, William and Karen Clark, Oak Island, Brunswick County Date: September 28, 2022 Consistency Determination: This project is consistent with the Oak Island Land Use Plan Update. The applicant proposes to expand an existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two existing slips to a total of three slips. The project is locates at 308 W Yacht Drive, in Oak Island, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are PTA, and EW. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. The general area of the project is classified Residential. In general, the Town of Oak Island allows development in Residential classified AECs which is consistent with the State's minimum use standards. The Town of Oak Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Oak Island Land Use Plan. Cc: File Luck, Cameron A From: Dunn, Maria T. Sent: Friday, September 23, 2022 5:48 AM To: Luck, Cameron A; Snider, Holley; Harding, Kimberlee k Cc: Wojoski, Paul A Subject: RE: CAMA Major Application: William and Karen Clark Cameron, After review of the 9-13-22 modification submittal, NCW RC supports NCDMF's position that the project can proceed. The removal of the floating dock in water depths less than -2' NLW to be replaced by an 18' x 6' fixed stepdown in front of the existing platform (landward the USACE setback) reduces the impacts to aquatic resources originally proposed in the permit application. Please do not hesitate to call or email if there is anything additional. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office-252-948-3916 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. From: Luck, Cameron A <Cameron.Luck@ncdenr.gov> Sent: Wednesday, September 21, 2022 1:40 PM To: Snider, Holley <holley.snider@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Dunn, Maria T. <maria.d un n @ncwild I ife.org> Cc: Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Subject: RE: CAMA Major Application: William and Karen Clark Hey all, Given the updated drawings that I distributed (attached here as well) and the current approval provided by NCDMF I still need comments from WRC and an authorization determination from DWR. Floating dock has been removed and a fixed pier is proposed landward of setback. Please provide at your earliest convenience! Thanks, ROY COOPER Covemor ELIZABETH S. BISER Seoetary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality DATE: September 23, 2022 FROM: Holley Snider NCDEQ-Division Water Resources 401 Buffer Permitting Branch SUBJECT: DWR #20220850 No Written Approval Required PROJECT LOCATION: 308 W. Yacht Drive, Oak Island, Brunswick County Clark Docking Facility PROPOSED PROJECT: Expansion of step down platform of existing 2-slip docking facility The Division of Water Resources (DWR) has received a copy of your LAMA Major permit application request completed May 3, 2022, received by this office on June 24, 2022 and additional information received by this office on September 21, 2022. The waters of the Atlantic Intracoastal Waterway are classified as SA;HQW by the Division of Water Resources (DWR). Please understand that the waters around your project area have been determined to be Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). The DWR supports the concerns and recommendations submitted by the Division of Marine Fisheries and the Wildlife Resource Commission regarding potential, direct and indirect, impacts associated with development in these designated Primary Nursery Areas. In accordance with the attached General Certification #t4497 (GC 4497), the impacts described in your application do not require written authorization to utilize GC4497. However, you are required to follow the conditions listed in the attached certification. You should also obtain and comply with any other federal, state and local requirements including (but not limited to erosion and sedimentation control regulations and state stormwater requirements before you proceed with your project). Also, the approval to proceed with your proposed impacts to waters a depicted in your application shall expire upon expiration of the 404 or LAMA Permit. This Certification can be contested 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 (hereby known as OAH). A petition form maybe obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. North Carolina Department of Environmental Quality I Division of Water Resources D_E Q�� 127 Cardinal Dtive E.I. Wilmington, North Carolina 28/05-5406 �son,Hovauan 910.796.7215 a..a.+.r...r+ —\-iIII DocuSign Envelope ID: 7ABBF9AE-0944472F-9939-465216A3F5A9 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4497 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS REGIONAL GENERAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES) Water Quality Certification Number 4497 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in the US Army Corps of Engineers Wilmington District's Regional General Permit 197800056. The State of North Carolina certifies that the specified category of activity will comply with water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: January 3, 2022 Signed this day: October 28, 2021 By DocuSigned by: for S. Daniel Smith Director DocuSign Envelope ID: 7ABBF9AE-0944-472F-9939465216A3F5A9 CKKr,P'YI GENERAL CERTIFICATION COVERAGE: Activities that are eligible for US Army Corps of Engineers Wilmington District's Regional General Permit 197800056 qualify for coverage under this General Certification unless they meet one of the thresholds listed below. Activities meeting any one (1) of the thresholds or circumstances listed below are not eligible for coverage under this General Certification and require an Individual401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the conditions of this General Certification cannot be met; or b) Any permanent fill into, or modification of, wetlands and/or streams; or c) Activities that result in fill, dredging, or excavation of open waters except for maintenance dredging of less than 0.5 acres of open water provided that the areas are not dredged beyond their original depth and width; or d) Any stream relocation or stream restoration; or e) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including SAV), HOW (including PNA), SA, WS-I, WS-Il, Trout, or North Carolina or National Wild and Scenic River; or f) Any high -density project, as defined in 15A NCAC 02H .1003(3) and by the density thresholds specified in 15A NCAC 02H .1017, which: i. Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii. Has permanent wetland, stream or open water impacts; and iii. Is proposing new built -upon area; and iv. Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state -approved local government stormwater program'. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs and projects that satisfy state or locally - implemented stormwater programs through use of community in -lieu programs require an Individual 401 Certification; or g) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands (UWL); or h) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code in effect at the time of application) unless: i. The activities are listed as "EXEMPT" or "DEEMED ALLOWABLE" from these rules; or 1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES 2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 2 of 13 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24, 2022 MEMORANDUM NORTH CAROLINA Environmental Qualify FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(ciNCDEN R.00v SUBJECT: CAMA Applicant: William and Karen Clark Project Location: 308 W Yacht Drive, ad). to the AIWW in Oak Island, Brunswick County Proposed Project: The applicants propose to expand and existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two (2) existing slips to a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: y This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME f S J AGENCY N� �A f • 1774 lV M i 4 e'[ l ce RECEIVED SIGNATURE /'N a d DATE 7/2U /I 2 Ys D_EQ� A;vn�mauw.ewama\ � -Cl'y (a- ✓ JUL 222022 MP SECTION DCM MHD CITY North Carolina Department of Environmental Quallry I Division of Coastal Management wimington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 Received: 7/7/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24, 2022 I�GT7a1,11#11@i NORTH CAROLINA Environmental Quality Due: 7/15/2022 AZW-SUE! No comment - SBA 7/11/2022 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(ccDNCDEN R.aov SUBJECT: CAMA Applicant: William and Karen Clark Project Location: 308 W Yacht Drive, adj. to the AIWW in Oak Island, Brunswick County Proposed Project: The applicants propose to expand and existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count.from two (2) existing slips to a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY SIGNATURE DATE This agency has no objection to the project as proposed. "Additional comments may be attached** X 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. Renee Gledhill -Earley INC Historic Preservation Office 7/22/2022 RECEIVED JUL 222022 MP SECTION DCM MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 o.v.�emmw�wmmm� �� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary KATHY B. PAWLS Director September 1, 2022 Cameron Luck, Assistant Major Permits Coordinator NC DEQ Division of Coastal Management 400 Commerce Ave Morehead City, NC 2557 Re: W. Clark, 308 Yacht Drive, adjacent to the ICW in Oak Island Dear Mr. Luck, After discussions with staff, I concur with their assessment that permitting a floating dock at this location would result in significant adverse impacts to MFC designated Primary Nursery Area (PNA). Due to the close proximity of the USACE setback line that prohibits fixed structures (pilings), the applicant proposed installing a piling -less floating dock waterward of the existing dock and boat lifts. While it is slightly deeper there (1.0-1.5' NLW), there is still insufficient water depth to prevent the floating dock from sitting on the bottom during portions of the tide cycle. The muddy substrate makes the use of stops ineffective in preventing bottom impacts to the PNA, which are critical juvenile habitat for many species of commercially and recreationally important fish and invertebrates, such as shrimp, blue crab, flounder, spot, croaker, and red drum. The DMF therefore objects to this proposed project. Please keep Anne Deaton informed of the final status of the proposed project. Thank you for the opportunity to comment on this application. Sincerely, //� /; A� Kathy B. Rawls, Director NC Division of Marine Fisheries Cc: Braxton Davis, DCM Director Dee Lupton, DMF Deputy Director Anne Deaton, DMF Habitat Program Supervisor State of North Carolina I Division of Marine Fisheries 3441Arendeli Street I P.O.BOX769 I Morehead City,North Carolina2B557 252-726-7021 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron luck(cDNCDENR.00v SUBJECT: CAMA Applicant: William and Karen Clark Project Location: 308 W Yacht Drive, adj. to the AIWW in Oak Island, Brunswick County Proposed Project: The applicants propose to expand and existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two (2) existing slips to a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Patrick Amico 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. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. X This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE /�� fn D DATE 09/1 /22 North Carolina Department of Environmental Quality I Division of coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 26405 w,.w.vne�ea�e.�m.oa\ 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary KATHY B. RAWLS Director MEMORANDUM: TO: Cameron Luck, Assistant Major Permits Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist SUBJECT: William and Karen Clark- floating dock DATE: August30,2022 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that impact fish and fish habitats. The applicant proposes to expand an existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two existing slips to a total of three slips. This design is necessary due to the proximity of the US Army Corps of Engineers (USAGE) setback line, that restricts fixed structures. The Brunswick County Land Use Plan classifies the adjacent waters as Conservation. The waters of the AIW W are classified SA by the Division of Water Resources. This area is designated as a Primary Nursery Area (PNA) by the Marine Fisheries Commission, and they are closed to the harvest of shellfish. The proposed floating dock would be sited in water depths ranging from -1.0' to -1.5' NLW. Staff from DCM and DMF conducted a water depth survey and verified the stated depths to be accurate. Field measurements indicate the applicant would need to move the floating dock 34.5' further waterward to achieve sufficient water depths of 2' NWL. The applicant proposed adding 4" x 4" foot "stops" to the bottom four corners of the floating structure. However, the piling -less dual hinge I-beam gangway and floating dock design is much heavier than floating docks attached to pilings. Due to the shallow water depth and muddy substrate, DMF has concerns that a floating dock in this location will repeatedly be hitting or sitting on the bottom, creating a hole under the structure over time, degrading benthos and water quality, and likely damaging the floating structure over time. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Shallow soft bottom is an important foraging habitat for juvenile and adult fish and invertebrates, and aids in storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to some extent by most native coastal fish species in North Carolina. The habitat is particularly productive and, by providing refuge State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 from predators, is an important nursery area. Species dependent on shallow soft bottom include clams, crabs, flounder, spot, Atlantic croaker, sea mullet, and rays. Numerous fish forage on microalgae, infauna, or epifauna on the shallow soft bottom. Many benthic predators are also highly associated with the shallow soft bottom habitat, including flounders, red drum, sturgeon, and coastal sharks. Based on the above discussion, the DMF recommends denial of the permit application for this project as proposed because it is likely to have significant adverse impacts on PNA habitat and marine and estuarine fisheries resource. Thank you for consideration of our comments. Please contact Kimberlee Harding at 910- 796-7286 or kimberlee.harding@ncdenr.gov with any further questions or concerns. StateofNorth Carolina I Division of Marine Fisheries 344IArendell5treet I P.O.Box769 I Morehead City, North Carolina 28557 252-726-7021 Luck, Cameron A From: Harding, Kimberlee k Sent: Friday, September 16, 2022 12:40 PM To: Luck, Cameron A; Snider, Holley; Currey, Gregory E CIV USARMY CESAD (USA); Dunn, Maria T. Cc: Amico, Patrick 1 Subject: RE: William and Karen Clark - 308 W. Yacht, Brunswick Co. The NCDMF does not have any further comments or concerns From: Luck, Cameron A <Cameron.Luck@ncdenr.gov> Sent: Friday, September 16, 2022 12:29 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey@usace.army.mil>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Cc: Amico, Patrick 1 <Patrick.Amico@ncdenr.gov> Subject: William and Karen Clark - 308 W. Yacht, Brunswick Co. Good Morn i ng/Afte moon everyone, Attached is an updated application with drawings provided by the applicant. The original application proposed the placement of a piling less floating dock within the USACE setback in shallow water. That project was denied as proposed by NCDMF. The applicant has provided an updated plan which places an 18' x 6' fixed stepdown in front of the existing platform. This will remain landward of the USACE setback and will be fixed. It will also not be counted as a slip by DCM. Let me know your comments on this updated application when you can. Have a great weekend everyone! Cameron Luck Assistant Major Permits Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5419 - office Cameron. LuckOncdenr.00v 400 Commerce Avenue Morehead City, NC 28557 hfto://Dortal. ncdenr.ora/web/cm/dcm-home Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director June 24, 2022 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a,)NCDENR.gov SUBJECT: CAMA Applicant: William and Karen Clark Project Location: 308 W Yacht Drive, adi.. to the AIWW in Oak Island, Brunswick County Proposed Project: The applicants propose to expand and existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two (2) existing slips to a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Patrick Amico 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. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. X This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF Al P SIGNATURE DATE 09/1/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary KATHY B. RAWLS Director MEMORANDUM: TO: Cameron Luck, Assistant Major Permits Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist SUBJECT: William and Karen Clark- floating dock DATE: August 30, 2022 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that impact fish and fish habitats. The applicant proposes to expand an existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two existing slips to a total of three slips. This design is necessary due to the proximity of the US Army Corps of Engineers (USACE) setback.line, that restricts fixed structures. The Brunswick County Land Use Plan classifies the adjacent waters as Conservation. The waters of the AIWW are classified SA by the Division of Water Resources. This area is designated as a Primary Nursery Area (PNA) by the Marine Fisheries Commission, and they are closed to the harvest of shellfish. The proposed floating dock would be sited in water depths ranging from -1.0' to -1.5' NLW. Staff from DCM and DMF conducted a water depth survey and verified the stated depths to be accurate. Field measurements indicate the applicant would need to move the floating dock 34.5' further waterward to achieve sufficient water depths of 2' NWL. The applicant proposed adding 4" x 4" foot "stops" to the bottom four corners of the floating structure. However, the piling -less dual hinge I-beam gangway and floating dock design is much heavier than floating docks attached to pilings. Due to the shallow water depth and muddy substrate, DMF has concerns that a floating dock in this location will repeatedly be hitting or sitting on the bottom, creating a hole under the structure over time, degrading benthos and water quality, and likely damaging the floating structure over time. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Shallow soft bottom is an important foraging habitat for juvenile and adult fish and invertebrates, and aids in storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to some extent by most native coastal fish species in North Carolina. The habitat is particularly productive and, by providing refuge State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557 252-726-7021 from predators, is an important nursery area. Species dependent on shallow soft bottom include clams, crabs, flounder, spot, Atlantic croaker, sea mullet, and rays. Numerous fish forage on microalgae, infauna, or epifauna on the shallow soft bottom. Many benthic predators are also highly associated with the shallow soft bottom habitat, including flounders, red drum, sturgeon, and coastal sharks. Based on the above discussion, the DMF recommends denial of the permit application for this project as proposed because it is likely to have significant adverse impacts on PNA habitat and marine and estuarine fisheries resource. Thank you for consideration of our comments. Please contact Kimberlee Harding at 910- 796-7286 or kimberlee.harding@ncdenr.gov with any further questions or concerns. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 ROY COOPER Governor ELIZABETH S. BISER Secretary KATHY B. RAWLS Director September 1, 2022 Cameron Luck, Assistant Major Permits Coordinator NC DEQ Division of Coastal Management 400 Commerce Ave Morehead City, NC 2557 Re: W. Clark, 308 Yacht Drive, adjacent to the ICW in Oak Island Dear Mr. Luck, After discussions with staff, I concur with their assessment that permitting a floating dock at this location would result in significant adverse impacts to MFC designated Primary Nursery Area (PNA). Due to the close proximity of the USACE setback line that prohibits fixed structures (pilings), the applicant proposed installing a piling -less floating dock waterward of the existing dock and boat lifts. While it is slightly deeper there (1.0-1.5' NLW), there is still insufficient water depth to prevent the floating dock from sitting on the bottom during portions of the tide cycle. The muddy substrate makes the use of stops ineffective in preventing bottom impacts to the PNA, which are critical juvenile habitat for many species of commercially and recreationally important fish and invertebrates, such as shrimp, blue crab, flounder, spot, croaker, and red drum. The DMF therefore objects to this proposed project. Please keep Anne Deaton informed of the final status of the proposed project. Thank you for the opportunity to comment on this application. Sincerely, //�WA� Kathy B. Rawls, Director NC Division of Marine Fisheries Cc: Braxton Davis, DCM Director Dee Lupton, DMF Deputy Director Anne Deaton, DMF Habitat Program Supervisor State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 26557 252-726-7021 kOY'dOp MI l ,R" !,I,t#ck �Add W-intm; ra a' 3jo Peffnits Cocorcuriatot-4 ra.r7CDEQDivi jOn,OT- NO C qpue;'IMbrde 1 Ci mero pJAMINULDR!NR wi^ W. Oil, :x Z. '.7.g F ":REPLY me! m [dorig. orim."n jecto pr dilibb W— M." Additionarcommerimma ':5eAttqoheq V' Wtorhtent:fiq'the �Fopo9ed X This abbnqy�fisigr �01'. N6F 1gentpoti-toped of t r9ject off[ 'oW, he -are inooT3 xeq..�StSe.@ ismgency objdieo'js to the 'project for reasons de "i-be tan the ,attached ' ...cam Tpnts;WemOA achdd. Qhe' ill{i`ji'roposed firid twd' ewsdng totaling P 0 Ari:'4 OS Ips Mari& Hfika U IV 1512022 'NorthCuo naMortm 6rtboitO oomo State: Propam office Tiro TNalton � Dire#Qr ON etaats�nan>' d1" actlmiC�i9tr8tioh July 15, 2022 TO: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier 11-12=09J` cameron.IuckQNCDENR.gov FROM: Wanda Hilliardl01"&40— � Real Property Agent Department of Administration :"i.1Xi1 Gy,_ F- Applicant: William and Karen Clark R9�r�gq�@r overnor Patrlefa 9, Casfenell', 5eeratary. Project Location: 308 W Yacht Drive, adj. to the AIW W in Oak Island, Brunswick County Proposed Project: The applicants propose to expand and existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two (2) existing slips to a total of three (3) slips. Please confirm that the facilities are not located within the 1000'USACE AIW W easement area. If not, then the State Property Office has no comment on the proposed project. Malling 1321 Mall Sar¢laa Cantor RaN196k NC 27697-1321 Laaatlan 'I16 Weft Jana%St. I Ralal86, NC27603 984•236;-0270.1 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron lucka(�NCDENR.gov SUBJECT: CAMA Applicant: William and Karen Clark Project Location: 308 W Yacht Drive, adi. to the AIWW in Oak Island, Brunswick County Proposed Project: The applicants propose to expand and existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two (2) existing slips to a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Patrick Amico 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. "Additional comments may be attached" X 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. AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE KoP�r� for Shannon Jenkins RECEIVED DATE 07/06/2022 JUL 06ZUZZ MP SECTION DCM MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 ryO4MC1a D /� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier11-12-09) cameron.luckCc) NCDEN R.aov SUBJECT: CAMA Applicant: William and Karen Clark Project Location: 308 W Yacht Drive, adj. to the AIWW in Oak Island, Brunswick County Proposed Project: The applicants propose to expand and existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two (2) existing slips to a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY This agency has no objection to the project as proposed. "Additional comments may be attached"* 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. Mark Brown Public Water Supply SIGNATURE ' (dr.K DATE 6/28/22 RECEIVED JUN 2 920L MP SECTION DCM MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office I t27 Cardinal Drive Eaenslon I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24, 2022 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckCaN CDE N R. cov SUBJECT: CAMA Applicant: William and Karen Clark Project Location: 308 W Yacht Drive, adj. to the AIWW in Oak Island, Brunswick County Proposed Project: The applicants propose to expand and existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two (2) existing slips to a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Patrick Amico 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. / "Additional comments may be attached"' 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 mments. PRINT NAME Ad AGENCY -MUDA� ce RECEIVED SIGNATURE LJUN 2 92022 DATE MP SECTION DCM MHD CITY S North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 26405 910.796.7215 2. 5. 6. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: William and Karen Clark c/o Ben Brink LOCATION OF PROJECT SITE: 308 West Yacht Drive, adjacent to the AI W W, in Oak Island, Brunswick County. Lat: 33.927543°N Long:-78.163130°W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/24/22 Was Applicant Present —No PROCESSING PROCEDURE: Application Received — 5/1 1/22 Complete - 6/6/22 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Brunswick County Land Classification from LUP —Residential (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Vacant Lot with existing bulkhead, private 2 slip docking facility Planned — construct new floating dock (one additional slip) (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED 01HIM (A) Vegetated Wetlands (Coastal Wetlands) (B) Non -Vegetated Wetlands 128 SF (Open water) additional incorporated (C) Other (High ground) (D) Total Area Disturbed: 128 SF (.003 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to expand an existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two existing slips to a total of three slips. RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 JUN 2 8 2022 Phone: 910-796-72151 FAX: 910-395-3964 Internet: wwn.nocomialmanagementnet DCM-MHD CITY An Equal Opportunity 1 Affirmative Action Employer - 501/6 Recycled 110%Post Consumer Paper Clark Docking Expansion Page Two 9. PROJECT DESCRIPTION: 10. The project site is located at 308 West Yacht Drive adjacent to the AIW W, near Oak Island, Brunswick County. To find the project site, travel south (from Wilmington) on US 74W and Highway US 17S until you reach NC- 906. Turn left onto NC-906 S and travel approximately 11 miles before turning right onto West Oak Island Drive The subject property, which is a vacant lot, will be on the right hand side. The site is approximately 0.31 acres and is vegetated primarily with pine and oak trees. There are no existing structures on the parcel site other than a bulkhead (permit history not found) located landward of coastal wetlands. The project site has approximately 63 ft. of shoreline frontage along the AIW W. The Coastal Wetlands, which consist mostly of Smooth Cordgrass (Spartina alterniflora), measuring approximately 30 ft. in width to the edge of marsh, and are located primarily on the eastern side of property. There is currently a two slip private docking facility on the parcel, which consists of a fixed access pier (33' x 6') which originates in the center of the parcel and extends waterward (northerly) from the bulkhead. The fixed access pier terminates on a T head, fixed covered platform (18' x 14'). To the immediate west and east of the fixed covered platform, there are two existing boatlifts, serving as slips I & 2. The current docking facility was permitted via CAMA General Permit 70821 D, issued in April 2018. The Brunswick County Land Use Plan classifies the adjacent waters as Conservation. The waters of the AIW W are classified SA by the Division of Water Resources. This area is IS designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to expand an existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two existing slips to a total of three slips. According to the application materials, the property owners are proposing to extend the piling -less gangway to the north from the waterward end of the existing fixed covered platform. The piling -less gangway and its support arms would extend 14' waterward, providing access to a floating dock (8' x 16') that would be oriented parallel with the shoreline, serving as slip 3. The purpose of the piling -less I beam gangway is to provide access to a floating dock that is past the USACE setback line (without driving pilings) and to have the proposed floating dock located in deeper water to potentially lessen resource impacts to shallow bottom habitat. The proposed floating dock would be located in water depths ranging from -1.0' to -1.5' @ NLW (verified on site by DCM staff). According to the work plan drawings, the applicant's proposal is located within their riparian corridor, and within /4 of the width of the waterbody, which measures approximately 412' across. The proposed floating dock would extend approximately 19' past the USACE federal channel setback, without utilizing any pilings driven past the setback. The proposed docking facility, would result in the additional incorporation of 128 sq. fl. of Estuarine Waters and Pubic Trust Area. Currently, the existing facility incorporates 800 SF of Estuarine Waters. The proposed expansion extends approximately 19' past the USACE setback (without pilings) and for a total of 48 ft. into the waterbody (from the edge of marsh) which measures approximately 412 ft. across. This distance conforms to the pierhead line and '/4 width. This area is designated as PNA, and the proposed floating dock would be located in water depths ranging from -1.0 to -1.5 at NI,W. The piling -less design would prevent the installation of physical stops on the floating dock. Minor increases in turbidity should be expected during construction. RECEIVED Submitted by: Patrick Amico Date: 6/20/22 Office: Wilmington JUN 2 8 2022 DCM-MHD CITY ROY COOPER covernar ELIZABETH S. BISER Senerary BRAXTON DAVIS Director Ben Brink P.O. Box 1661 Carolina Beach, NC 28428 Dear Mr. Brink: NORTH CAROLINA Environmental Quality June 20, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for William and Karen Clark for State approval for development of the subject property located at the at 1608 West Yacht Drive, in Oak Island, Brunswick County. It was received as complete on June 6th, 2022 and appears to be adequate for processing at this time, The projected deadline for making a decision is August 20, 2022. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from June 6th 2022, 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 andlor comments from reviewing agencies. Sin#Aml0O AZPaU Field Representative cc: Cameron Luck, DCM Kim Harding, DMF WiRo Greg Curry, USACE Holley Snider, DWR William and Karen Clark, Applicants RECEIVED JUN 2 S 2022 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28105 910196.7115 0 2 U CALVIA PERMIT APPLIED FOR COMMENTS ACCEPTED THROUGH Jidy 2 f, 2022 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �[nren Clams 4205 Old Brittain Place NC Iv. o oas a anagemen Hickory, NC 28465 127 Carding r. x . - esr--Fr�s, s:Es Wilmington, Ben Brink Pa rIC mICO (910)302-5725 0 NORTH CAROLING Li i nonnlemal Qwiu) June 24, 2022 Stamewslegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • William & Karen Clark — Brunswick County • Applegate, Elliott & Lagana — Brunswick County • Saltmeadow Way, LLC — New Hanover County • Barton & Sandra Williams —New Hanover County Hello: Please publish the attached Notice in the Thursday, June 30, 2022 issue. ROY COOPER cmvnmr ELIZABTH BISER Serremry BRAXTON DAVIS nimeMe nimusi tofonslal mitwemenl 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 Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE RECEIVED JUN 2 S 2022 Slate ol'Nonh Carolina I Fw nmenlal Quality l Coastal Management 127Ca,dinal Drive F.at.Wilminglon,NC28J05 9197967215 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permit in Areas of Environmental Concern as designated under the CAMA: On June 20, 2022, William & Karen Clark proposed to expand an existing private docking facilityfrom two (2) slips to a total of three (3) slips at 308 W. Yacht Dr., adj. to the AIWW in Oak Island, Brunswick County, On June 22, 2022, Michael and Tamara Applegate, Ronald & Loretta Elliott, and Anthony & Karen Lagana proposed to replace approx. 150 linear feet of bulkhead an average of 2' waterward of the existing, resulting in the filling of 300 salt of Coastal Wetland and Public Trust Area at 50, S2, 54 Wilmington St., adj. to canal 1l14, Ocean Isle Beach, Brunswick County, On June 23, 2022, Saltmeadow Way, LLC proposed to install a new vinyl bulkhead 2' waterward of the existing wall, relocate an existing boatiift & construct a second docking facilityfor a total offour (4) slips at 32 Saltmeadow Rd., adj. to Banks Channel on Figure Eight Island, Wilmington, New Hanover County, And on June 23, 2022, Burton & Sandra Williams proposed to demo the existing docking facility & construct a new four (4) slip facility at 608 N Channel Dr., adj. to Banks Channel in Wrightsville Beach, New Hanover County. Copies of these applications can be examined or copied at the office of Patrick Amico (Clark), Brendan Brock (Applegate, Elliott, Lagana) or Tara MacPherson (New Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 (Patrick Amico), (910) 796-7270 (Brendan Brock) or (910) 796-7266 (Tara MacPherson) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 21, 2022 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 JUN 2 8 2022 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: William and Karen Clark Mailing Address: 4205 Old erntaln Place Hickory, NC 28602 828-455-1316 Phone Number: al li edbrysonea mnail.com Email Address: LLC I certify that I have authorized CPG, , Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: CAMA Major Permit docking facility at my property located at 308 W. Yacht (Oak Island) , in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: kll11aw Ba&k William a Clad (May 3, 202214.01 r01) Signature William Clark Print or Type Name Property Owner Titre RECEIVED 5 t 3 1 2022 Date JUN 2 S 2022 DCM-MHD CITY This certification is valid through 5 3 2023I MAY 9 2022 518/22, 11:03 AM USPS.corrg) - USPS Tracking® Results USPS Tracking' FAOs > Track Another Package + Tracking Number: 70212720000016185961 Remove x Your item was delivered to an individual at the address at 1:51 pm on May 6, 2022 In OAK ISLAND, NO 28465. USPS Tracking Plus® Available v GV Delivered, Left with Individual May 6, 2022 at 1:51 pm OAK ISLAND, NO 28465 Got Updates v Text 8 Email Updates Tracking History May 6, 2022. 1:61 pm Delivered, Lek with Individual OAK ISLAND, NC 28465 Your item was delivered to an individual at the address at 1:51 per on May 6, 2022 in OAK ISLAND, NO 28465. May 6, 2022, 9:08 am Out for Delivery OAK ISLAND, NO 28465 Mays, 2022, 6:55 am RECEIVED An lved at Post Office SOUTHPORT, NO 28461 JUN 2 S 2022 DMay e. anted USPS 9 am DCM-M H D CITY Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX MAY 9 2022 May 5, 2022, 10:30 am Affived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX ht4p9:/Rools.usps.corNgo/TrackConfrmAction?_g1=1'1 e47fgc'_ga'MT02MD05Nj03MS4xNjM5ND14MTcz'_ga_3NXP3C8S9V'MTY1 MjAyMjEzNC4x... 1 /2 518122. 11:03 AM USPS.ccm0 - USPS Tracking® Results May 5, 2022, 1:43 am Departed USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER May 5, 2022, 1:10 am Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER May 4, 2022, 3:14 pm USPS In possession of item KURE BEACH, NC 28449 USPS Tracking Plus® Product Information v u See Less ^ r n Q Can't find what you're looking for? R- Go to our FAQs section to find answers to your tracking questions. FAQs RECEIVED JUN 2 8 207? DCM-MHD CITY MAY 9 ZOZZ htlps:Iftools.usps.wMgolTrackConfirmAction7—gl=1'1 e47fgc'_ga'MTQ2MDQ5NjQ3MS4xNjM5ND14MToz'—ga_3NXP3C8S9V'MTY1 MIAyMjEzNC4x... 2l2 5/8/22. 11 02 AM USPS. corrW - USPS TrackmgG Results USPS Tracking' Track Another Package + Tracking Number: 70212720000016185978 Your item was delivered to an individual at the address at 10:22 am on May 7, 2022 in OAK ISLAND, NC 28465. USPS Tracking Plus" Available u G Delivered, Left with Individual May 7, 2022 at 10:22 am OAK ISLAND, NO 28465 FAOs > Remove X Get Updates 0 °MWn M'gfVaW4r r NCO lrlk 1 a.. _12z I Text & Email Updates M1 or ma wr � Tracking History ru _ Qn w �A— May 7, 2022, 10:22 am Delivered, Left with Individual OAK ISLAND, NO 28465 Your item was delivered to an individual at the address at 10:22 am on May 7, 2022 In OAK ISLAND, NO 28465. May 7, 2022, 9:50 am Out for Delivery OAK ISLAND, NO 28465 RECEIVED May 7, 2022, 9:39 am Arrived at Post Office JUN 2 S 2022 SOUTHPORT, NO 28461 DCll CITY May 7, 2022, 3:32 am Departed USPS Regional Facility FAYETTEVILLE NO DISTRIBUTION CENTER ANNEX MAY 9 2022 May 5, 2022. 8:50 am Arrived at USPS Regional Facility FAYETTEVILLE NO DISTRIBUTION CENTER ANNEX hilps:lAools.usps.comlgoftrackConfirmAction7yl=1'1da3jcv'-9a•MT02MDQ5NjQ3MS4xNjM5ND14MTcz•_ga_3NXP3C8S9V'MTY1 MjAyMjEzNC4xM... 112 518/22, 11:02 AM i • USPS Tracking® Results May 5, 2022, 1:18 am Ardved at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER May 4, 2022, 5:09 pm USPS In possession of item KURE BEACH, NC 28449 USPS hacking Plus® Product Information MA u See Less ^ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. 4n S FAQs RECEIVED JUN 2 8 2022 DCM-MHD CITY MAY 9 202r https:iAools.usps.com/gorrrackConfirmAction?_gl-1 *l da3jW_ga'MTQ2MD05NjQ3MS4xNjM5ND14MTcz•_ga_3NXP3CSSWArMTYi kiyv4EzNC4xfA... 212 ■ t.`.nul)lutn Ihull,t I, 1, rurl I ■ Irrhll your nmtta III Id at it; ' , I n If1A 100Ion t10 Hot wo flail foltlrlr Ilm wid IA yrdl. r Allm;il Ihla �art)10Itro bark (d Ihn IrIn,11111 1,1 orl III,) flnnl II AIIftro peffflll`; nil t,Ao . .Ia ��}�,n►�n �nr� (Pl Coca 1 1 'J>c�Co Uj - -It, �1/� IIIIIIIII11111111111111►11111111111 I IIII l;. Je NIINI�I (ifld l!'�+illy❑..:v. 70011 r I 111WADIO 1101114 I, 2, and J. r I'. I door mono and eddrouo m thn ravnran u'.n em con rollym Inn cord to you • Alt,u % th'a card In Iha back of Iho Inailptoco, or on Iho llunl if tpoca ponnita _._. 1. A>tic% Addmw d to _. `I pun e�pak TS (�(C.Qtr jr..J DI E. Calk Tj'lay,d D r. Zak T NC Zgq6, lilll�lllll illllll lllllllllllllll:lllll 9590 9402 6087 0125 5029 52 :` Ankle frurtltxt (Irs�t'nr/rtrrl nrvrce L1CT'j - (, ' -I I" X IA )WOWJ tJ. 16 riorwy IVO lw a rtnrwd 1n7mn )wn 11 YGd, fuller rlPrwy WIPP ►e W" G No MAY 10 20?2 r1L� 1 I 1 Y vml AMM VWWWO mov A4A 600woo PANW*4 DIONSY 1 t ....rf r d ll..kt'AK '•art" UNA �, wl�,rl lla!lwll. rrltn/.K/ „Irk .r; ):,., srfA ra L' Imo! a, U+Air/ f.n.+l,p rA�Y✓fibaf/[.rM)t��yQ�'•�^����M ///IAoctW10r1 �i. l i if A�./� rf11�/►I�kl It r1 ? 8 1000 to" f4aUk'..9 tlalrw"/ tYirrost,6 IW on Ilac4V Xr r 0. M dnlvwY arMrw+e (yvwxf lrtan lalrlr 11 I:d I It YES. w>tur d4*nry &ftmr tMour 0 le) AEG lvi�; oC~ Wjtralf ftl DWAVY CtAwi an DO owl w D~j P,AVcsrt Dswwv .......1 I:" 7021 2720 0000 1618 51ib1 Irwwww dDi`"'r JUN 2 8 2V Dckl-.V!HD ("?T, o r+�Y w cr r•�� to Flaru.e and `- prdbrU o++•+n PS Form 3811. Juty 2015 VS►r 75la crr WX. Oornnta rietisn .wmr, 4/25/22. 2:31 PM Coastal Permit Guy LLC Mail - 308 W. Yacht USACL DCM Approval Request h Gmail 308 W. Yacht U8ACE DCM Approval Request 2 messages Ben Brink <ben@coastalperrnitguy.com> To: 'Amette, Justin RCN USARMY CESAW (USA)" <JUslin.R.Amette@us m.army.mll> Cc: "Amico, Patrick J' <pairick.amico@ncdenr.gov> Ben Brink <ben@coaslalpermltguy.com> Fri, Apr 22, 2022 at 3:22 PM Hey Justin, This is another piling -less floating dock request In the AIWW off Oak Island (300 W. Yacht). Would you let me know your comments? Patrick, In the AIWW are these floats considered a 3rd slip? I still need to collect water depths but would this be a CAMA GP if it has DMF approval? Thank you both for your hard workl Ben Coastal Permit Guy, LLC (910)302-5725 Helping you get your work donel COASTAL r .' TGUY USACE Approval.pdf 241K _..... .._...._ ... Arnette, Justin R CIV USARMY CESAW (USA) <Jusfin.R.Arnede@usace.arn il> To: Ben Brink <ben@coastalpermilguy.com> Cc: "Amico, Patrick J" <palrick.amico@ncdenr.gov> Ben, Since there is no setback encroachment the corps has not concerns with this project. Thanks. Justin Justin Amette Team Lead Cartographer Landuse Coordinator Wilmington District U.S. Army Corps of Engineers 910-251.4196 jmtin.r.arnette@usace.army.mil From: Ben Brink <ben@coastalpermitguy.com> Sent: Friday, April 22. 2022 3:23 PM To: Amette, Justin R CIV USARMY CESAW (USA) <Justin.R.Arnette@usace.army.nlil> Mon, Apr 25, 2022 at 7:01 AM RECEIVED JUN 2 8 20?1,' DCM-MHD CkTY MAY 9 202% https:llmail.google.mm/maigW1/7ik=80d48a8Gd2&viev --pl&search=ali&permthid=thread-a%3AYJ589911016101858355&simpl=msg-a%3Ar-33443079... 1/2 4/25/22, 2:31 PM Coastal Permit Guy LLC Mail - 308 W. Yacht USACE DCM Approval Request Cc: Amloo, Patrick J <palrick.amico@nodenr.gov> Subject: [Non-DoD Source] 308 W Yacht USACE DCM Approval Request Hey Justin, This Is another piling -less floating dock request in the AIWW off Oak Island (308 W. Yacht). Would you let me know your comments? Patrick. In the AIWW are these floats considered a 3rd slip? I still need to collect water depths but would this be a CAMA GP if It has DMF approval? Thank you both for your hard work) Ben Coastal Permit Guy, LLC (910)302-5725 Helping you get your work done! RECEIVED JUN 2 S 2022 DCM-MHD CITY MAY 9 2022 hltps//mail.google.cam/maiVu/t/?ik=80d48a8Ud2&view--pl&search=all&permthld=thread-a%3Ar35899l l D16101858355&simpl=msg-a%3Ar-33443079... 2/2 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: William Bryson Clark Mailing Address: 4205 Old Brittain PI NC 28602-8460 Phone Number: Email Address: I certify that I have authorized Joel Klass Agent 1 Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMMA permits necessary for the following proposed development: &er + ccr �r I at my property located at 308 W. in Brunswick County. Dr. Oak Island I furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: 1AJJ&: A✓ r� ign aKire �Al ��lasn Cor soNOA-r-k Print or Type Name Title \\ / 031 7ok']? Date This certification is valid through 3/ r�lSt' RECEIVE, JUN 2 8 2Ki RECEIVED DCM WILMINGTON, NC MAR 2 9 201E DCM-MHD CITY Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in Issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin RulesAppllcable To Your Project: ❑Tar- Pamlico River Basin Buffer Rules ❑Other: ❑ Neuse fiver Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to Its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow - North of New River Inlet- and Pamlico Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pmquotank and PeMuimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax:252-948-0478 (Serves: Beaufort, Bertle, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax:910-395-3964 (Serves: Brunswick, New Hanover, Onslow - South of New River Inlet - and Pender Counties) RECEIVED MAY 9 2022 JUN 2 8 2027 http://portal,ncdmr.org/web/cm/dcm-liome DCM-MHD CITY twr.a71WI7 I hereby certify that I own property adjacent to Wiliam B. & Karen Clark 's (Name of Property Owner) property located at 308 W. Yacht Dr. on (Waterbody). In N.C. The appligant has described to me, as shown below, the: development proposed at the above locate. I have no objection to this proposal. I have objections to this proposal. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must Initial the appropriate blank below.) _0 1 do wish to waive the 15' setback requirement I do not wish to waive the 15' setback requirement (Property S' ature William B. Clark Print or Type Name 4205 Old Bd tsin PI Melling Address Hickory, NC 28602-8460 City/Statemp Telephone Number/ email, address Date 'Valid for one calendar year after algnature' Owner Information) The Town of Oak Island Print orT Name 4601 E. Oak Island Dr. Wing Address REC E Il/F ON Island, NC 28465 D City/State/Zip ' Telephol umber/email address JUN 2 8 ss� 20 sZ— CI M PAH.U) Dale" 7 (Rav D 6tIQ0TED Wl GTON, NC MAR 2 9 2018 Dec, 13. 2017 10:36AM k 3551 P. 2 CERTIFIED MAIL • RETURN RECNIPT RE20M DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIOWWAIVER FORM Name of Property Owner: Wiliam Bryson Clark Address of Properly. (Lotor Street It, Street or Road, Agent's Name* Joel Klass MallingAddress: PO Box 279 Agani's phone#: 910540-0490 Supply, NC 28402 i hereby certify that I own property adjacent to the above referenced property. Thu Individual applying for this permit has deacrlbed to me as shown on the aftached drawing the development they are. proposing. A deSgrNlOrl or drawing wan dimensions most be ototddeti with This letter. ianave no objections to tlria.propcanl. I berve objections to this proposal. Itybuhave objeodbnetowhatlsbelnffproposed,youmug notflythe 01vitlanofCosarehst0 ement (DOW In writing wlthfn 10 days of recelpr of this notice Cbntect lnformegan Jdr MW o cae Is avanable.at or by ce0ing 1.9be-4RCOAS7. No WAIVER SECTION 1 understand lhata plor, dock, mooring pilings, breakwater, boathouse, IIR, or groin must be out back a minimum distance of 15' from my area of riparian gcogo union waived by mo. (M you wish to waive the setback, you muht InIflul the appropriate blank below,) I do wish to waive the 151 setback requirement. I do not wish to waive the i 5' setback requirement. (property Owner Informe0on) Signature Mm B Clark Type Name 4205 Old Brfttain PI H oft Address Hickory, NC 28602-8460 cry/stare✓ (P rblephone Number FAI7M Ad)aoant P own r information) Signature Dennis A Smith PAnror'rype Name 3541 El Dorado Loop S NaAkrg Address Salem, OR 97302 cuytstaIW4 c5us) TIO Ob reraphona Number Date Revised (IM M12 MAY 9 202� RECEIVED JUN °riry RECEIVED DCM WILMINGTON, NC MAR 2 y 2016 uii►u►a�n►►i►i�Hi�n��il.r of w�d��'^a�'f B'SQ4 BreMe n, cbneone ffMll��� apbt.r of WAN 30-12-2017 14447I0. aid sru lak Canty, NC W RRYORE STatV: SM." (M669297) •41an b rQ TM, TOW Pw YA Cki Cka Glalri nRknd one { py,anea VMlbnsof clodsMnt are apEN due to concision or ov". 1 Depxnentc UNN& teak WNW by orlppW inshmaol that wnut be reproduced or oopled. Exclie Tax:;E.Saa.00 Parcel Idendflar No.: 239EA01302 PreNrod by, Junta R. Prevails, Jr., (kd) Mall Afty Rcrnrding to: PREVATTH R PRBVATII, PI1.0 P. 0. Box 10969, Eopdgsort, NC 28461 BrkfDacrlottp fa orW r a &203S-I&TRANQUILHARBQURPLAT"7 NORTH CAROLINA GENERAL WARRANTY DEED Prepared Without Opinion on Title THIS INSTRUMENT PREPARED BY: JAMBS R. PREVATTE, JR, a licensed North Carolina Attorney. Delinquent taxes, If any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. THIS DEED bade this j4�my of&4Ae IXV .2017,bysudlblw GRANTOR GRANTEE DENNIS A. SMIT I, single WILLIAM BRY80N CLARK and wife, KAREN D. CLARK 3541 El Dorado Loop S 3084Y44ekF9rN0- Salem, OR 97302 64k4A d.-NG-M46S 4205 Old Brittain Place Hickory, W 28602 The designation Grenmr and Glentem as used herein shall include said partlm, their heirs, eucomwn, and coigns, and shall Include singular, plural, masculine, feminine or neuter as required by context. Page 1 of d RECEIVED JUN 28 202I tgAI DCM-MHD CITY r IBIl nl llll�l II I II III � III II�III�IIIIr o! • �� " 2 -F 4 WITNESSETIH:NCR THAT said GRANTOR, for a valuable consideration paid by the GRANTEES, the receipt of which Is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantees in fee simple, all that certain lot or parcel of land situated in BRUNS WICK COUNTY, NORTH CAROLINA, and more particularly described as follows: See EXHIBIT "A" attached hereto and by reference made a part hereof. Reference D hereby made to a deed recorded in Book 3656, psge390, of the Brunswick County Register of Deeds, n If this box Is checked, subject property Is the permanent residence of one or more Grantors. TO HAVE AND TO HOLD the above described tract or parcel of land, together with all privileges and appurtenances thereunto belonging, unto the said Granteea, their heirs and assigns, to the only use and behoof of Grantees and their said heirs and assigns, FOREVER. AND said Grantor covenants to and with said Grantees that he is seized of the property in fee simple, and has the right to convey the same In fee simple; that the title is marketable and free and clear of all encumbrances, and that he does hereby and will forever warrant and defend title to the same against the lawful claims of all persons whomsoever EXCEPT for the exceptions hereinafter stated . 1. All restrictive covenants of record; 2. Ad Valorem taxes for the year 2017 and thereafter; 3. All utility easements, permits and rights of way of record; 4. All zoning, land use and planning rules, regulations, ordinances and statutes. Page 2 of 4 RECEIUrC JUN 2 S MAY 9 7D DCM-LAND CITY M TESTIMONY WHEREOF, said Grantor has hereunto set his hand and seal, the day and year first above written. � j/ DENNIS A. SMITH, Crawor STATT, OF COUNTY OF 1, SJDN a Notary Public for said CountyandS thatD6 ISA.SMITH,, either being personally known to me or proven by satisfactory evidence, personally appeared before me this day and acknowledged the voluntary due execution of the foregoing instrument for the purposes stated therein. I- - WITNESS my hand and official stamp or seal, this dayof yam, 2017. (Nolary Seal) �DOtIg1A8 WA1tl191dOfINBW1 Notary Pu611c tarwrrtetro-oaaooN w OOMAlBgp Ntl 93Pdb NY ePltaB nnYPa P0f0 - (TypdPdnt Nam) AI C mLrnls 1 ZI ues: Page 3 of 4 RECENFC., JUN 2 S 2L ' MAY 9 2(12i DCM-MHD CITY NIT EXHIBIT"A" D[ip:O IM N�mba 4, B1orY M3, Beotlao IS ofa wbdlvWoo ofpoperq.omdtoy ro.,.q, ol�meby N. AL I.w+gLDq mrveror, an me, --d7 ofMrto61961, being {mtinu 7Yand1lfuLew, p eealfae ofloug Beuh(ma i'eiuve u O.k Iaiud), NoM Camitnq dd bt 4 duq'rtaaded b Dmt b of M141q �t pge 6710 do Olfioe off6e Raglker dlkedeaCllrnmwlak (7mmq. RECEIVED MM 9 JIp7 JUN 2 S PO " DCM-MHD CITY MacPherson, Tara From: Weychert, Curtis R Sent: Monday, April 02, 2018 8:27 AM To: MacPherson, Tara Subject: RE'r308�LC11�'Eht',Jak.Island:'AWaterDepths Hey Tara, I would have no problem.with a boatlift but would strongly suggest the conditioning of stops located 18" above the bottom. Let me know if you need more. Curt From: MacPherson, Tara Sent: Thursday, March 29, 2018 4:14 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: FW: 308 W Yacht Dr., Oak Island - Water Depths Hi Curt, Based on the email below are you going to authorize a docking facility at this location?? Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tars. macoherson(&ncdenrgov 127 Cardinal Drive Ext Wilmington, NC 28405 !'/Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Surgan, Brooks R Sent: Thursday, March 29, 20184:13 PM To: MacPherson, Tara <tara.macoherson@ncdenr.gov> Subject: 308 W Yacht Dr., Oak Island - Water Depths Tara, MAY ' 4 N?'l Water depths at this site were found to be,16 at MLW measured on Monday, March 26 by myself and Curt Weychert: Distan[e was 54' from the bulkhead to the Army Corps Federal Channel Setback. "JEn JUN 2-8 DCM-MHD CITY PM .. MINI � RECEIVED JUN 2 S MAY 9 2022 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 24,2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDEN R.gov SUBJECT: CAMA Applicant: William and Karen Clark Project Location: 308 W Yacht Drive, adj. to the AIWW in Oak Island, Brunswick County Proposed Project: The applicants propose to expand and existing private docking facility, with the addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip count from two (2) existing slips to a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 21, 2022. If you have any questions regarding the proposed project, contact Patrick Amico 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. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE 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. RECEIVED JUN 2 S 20?2 DCki-lltlHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 NC Division of Coastal Management Major Permit Application Computer Sheet Applicant: Project Name: as AEC: IAIVVW Fee: $ 40D # CJ(%17a' CDAITS _ MHC cc SITE DFSCRIPTION/PERMIT INFORMATION / ORW: ❑Yes BNO PNA: Yes ❑No Photos Taken: Yes No Setback Required (riparian): es No Critical Habitat: LJYes 4ONo UNot Sure 15 foot waiver obtained: UYes lIdNO Hazard No ' alion Returned: ❑Yes o SAV: ❑Yes No ❑Not Sure Shell Bolcom: Yes No ❑ Not Temporary Impacts: ❑Yes No Sure Sandbags: []Yes o ❑ Not Sure Did the land use clasgifintion come Mitigation Re ired (optional): Cidllfo from county LLIP: es []No ❑Yes Moratorium C%ditions: Environmen ssessment Done: Length of Shoreline: []Yes❑ oNA 63 FT. ❑Yes L1fNo ❑NA Shellfish Area Designation. Project Description: (code) Development Area: (code) Open -or- osed SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) r4'h1-- ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQ\M LJ Outstanding Resource Waters (ORW) WETLANDS IMPACTED rl&-Pio El (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicornia sp.) wetlands) (CJ) Saw grass (Cladium jamaicanse) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alternitiora) cynosuroides) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) SO ❑ (JR) Black needlerush (Juncus 0 (SP) Salt/meadow grass (Spartina roemerianus) patens) APPI ICATIAN FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - S475 Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - ❑ II. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 I. Private no dredge and/or fin - $250 III(C) Priv public or Comm w /D&F to 1 JUN 2 8 2022. acre, 4144 can be applied; DCM needs DWQ agreement - $400 -MHD CITY Applicant C (a • A.. Date: Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One F,5 NewW1W Replace Main/ ❑ ClY N 1 G New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N ' New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) ternimpact amount Dredge ❑ Fill ❑ Both ❑ Other I Dredge El Fill ❑ Both EC] Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ JUN 2 8 2027. DCM-MHD CITY 919-733-2293 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/26/18 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited i Permit Holder Number amount Number/Comments 6/23/2022 William Clark same Truist 5007 $400.00 major fee, 308 W yacht, Oak PA rct. Island, BRCo SPLIT 60/40 18039 a n p 0 z a' 0 n ITt < M Major Permit Fee Schedule Project Name: C/wc b6*jlf� -1400.00 County: y"5WjCJCheck No & Amount: /��,///� 600-7 DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not Involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: 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 $250 100% ($250) 0% ($0) Certification No. 4175 can be applied. I II(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life'. III(D). If General Water Quality 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: V IV. Development that involves the filling end/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas. PSCVCAv Cu JUN 2 8 2022 DCM-MHD CITY 400 Commerce Avenue Morehead City, NC 28557 htto'//oortal.ncdenr.org/web/cm/dcm-home Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Ben Brink <ben coastalpermit¢uv.com> Sent: Tuesday, September 13, 2022 10:34 AM To: Luck, Cameron A <Cameron.Lucke ncdenr.aov> Subject: Re: [External] Brunswick County CAMA Majors CPG CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hey Cameron, The applicant would like to do an 18' x 5' fixed platform stepdown. We have removed the pilingless floating dock from the plan. See updated attachment (9.13.2022). Work will be landward of USACE setback with no floating dock proposed. Thanks Cameron! On Mon, Sep 12, 2022 at 10:42 AM Luck, Cameron A <Cameron Luck@ncdenr.Qov> wrote: Hey Ben, I have gone back and forth with NCDMF and looked over your suggestion to add "feet" to the floating dock. Given the soft bottom in the area and the limited available depth, I do not believe the division will be able to permit this type of adaptation. Additionally, the PNA classification is NCDMF applied and enforced by both them and DWR. DCM abides by these classifications as well based on our own rule language so permitting something in such shallow water with NCDMF comments as they currently stand would be difficult (attached). I know this isn't the answer you are looking for but wanted to share. The Applicant could place this project on applicant hold while they sort out other possible solutions, though I am unsure what can be done in that area to push waterward with the setback there. Right now, the division is trending towards issuing a denial for this application, so let me know how you would like to proceed. Feel free to reach out if you have any questions. Best, Cameron Luck Assistant Major Permits Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5419 - office Cameron Luck(ancdenr.00v GAo _FQ� 400 Commerce Avenue Morehead City, NC 28557 http,//I)ortal.nodenr.org/web/cm/dcm-home Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Ben Brink <ben(@coastaloermitguv.com> Sent: Friday, August 26, 2022 12:28 PM To: Luck, Cameron A <Cameron.Luck@ncdenr.gov> Subject: Re: [External] Brunswick County CAMA Majors CPG CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Rpnnrt Snam. Thanks for the update Cameron! At 308 W. Yacht (most of AIWW in this area) water depths are an issue because of the restrictive army corps setback. This is a tough area for waterfront properties to get boat lifts and floating docks because of the DMF requirements in PNA for certain depths at low tide and the USACE setbacks restrict them to very shallow water because new pilings are not allowed past the setback. I am curious if NC DCM would consider the floating dock with "feet" to allow the floating dock to not completely rest on the bottom. I am trying to come up with an idea to create artificial habitat under the float to serve as mitigation. This area is not high quality water like some PNA areas in creeks. It is tough because on this AIWW one property may be PNA then up the street another property is not with a very similar shoreline. If we look at the AIWW in WB and Holden Beach, it is not PNA. I am curious why the AIWW in Oak Island and Ocean Isle are PNA. Just wanting to mention these items. Thanks Cameron. All the best, Ben On Fri, Aug 26, 2022 at 12:13 PM Luck, Cameron A <Cameron Luck@ncdenr.gov> wrote: 124 SW 4th Street JD and docs have been received. We are waiting on DWR to provide reauthorization following updated JD for the 401. Songbird Lane SW Should have.a final permit action to you this afternoon or early next week 2632 Mariners Way SE Still waiting on both DWR and USAGE comments 308 W. Yacht Waiting on formal comments from everyone (DWR as well) still for this... Given the shallow site and the email conversation between you and NCDMF, it is up to you and applicant if they would like to reconfigure based on agency recommendation to remove or possibly make the floating dock fixed. 1141 Indigo Circle Waiting on DWR still for comment. Waiting for DMF and WRC comment/approval on the updated drawings. Cameron Luck Assistant Major Permits Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5419 - office Cameron LuckCa)ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 http://portal ncdenr or_q/web/cm/dcm-home Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Ben Brink <ben 6D coastalpermiteuv.com> Sent: Thursday, August 25, 2022 2:48 PM To: Luck, Cameron A <Cameron.Luck@ncdenr.gov> Subject: [External] Brunswick County CAMA Majors CPG CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. Hey Cameron, I hope you are having a good week! Can you provide any updates on these projects? If any comments are available or which agencies we are waiting on? Thank you sir! Oak Island I Brunswick 124 SW 4th Street Waiting on nationwide or comments from Greg Currey. Sent approved JD on 8.9.2022 Supply Brunswick Songbird Lane SW August 3, 2022 (Projected Decision Date) St. James Brunswick-r 2632 Mariners Wa SE August 8, 2022 (Projected Decision Date) Oak Island Brunswick 308•W. Yacht August 20, 2022 (Projected Decision Date) DMF (Kim Harding) said site could not support a floating dock. Where do we stand with this recommendation of denial? What if we used materials as a base to serve as artificial habitat? Sunset Beach I Brunswick 1141 Indigo Circle August 24, 2022 (Projected Decision Date) Revised drawings sent to Luck for comments from DMF/WRC All the best, Ben Coastal Permit Guy, LLC (910) 302-5725 Helping you get your work done! 0 Project Narrative: 308 W. Yacht Oak Island (Brunswick) Clark Docking Facility May 6, 2022 The applicant (Clark) is proposing to add a floating dock (8'x 16') to the existing docking facility permitted under CAMA GP No. 70821. The floating dock extends over the USACE Setback but has no pilings proposed. It will be attached via dual hinges and I -beams extending from the end of the existing fixed platform (gazebo). The floating dock is proposed in PNA with less than -2.0' at Normal Low Water in the AI W W. No oysters or coastal wetland vegetation are in close proximity to the proposed floating dock location. The substrate is sandy and there is a small patch of coastal wetland marsh fringe adjacent to the existing bulkhead. The proposed floating dock is creating a proposed third slip. • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. FLOATING DOCK REMOVED and fixed platform added 9.13.2022 RECEIVED SEP 162022 MP SECTION DCM MHD CITY x g s h "t'3RISaesm, `%A� '476 r gY 5 6 w i # 1 iNt M K AMS 4 R' ir4 Jy Y.•. Island b Vf'f!)a lI iana pier C, svve I Beach In¢acoasSal WatetwaY �r.. (q# Irnracoaslal Waterway: tIIPL f j jl, �`; &4:i "�'ti � �' it..`� 6a .. 'fey➢w �e4 �w 4 e,.>F�...,..� 1A; w:t` +�� a. j 'T"tt'�'r sf'i"sfil�cbaifeisrV;; i'"-` ,�s+# . q -T :.Zplq ocr ra-1 APPLICATION for Ma1or Development Permit (last rMaed 112127105) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Prim Dry Applicant/Landowner Information Business Name ^ Pro)ecl @mom p I�b Olh a ' Applicant 1: First Name W j1 j0A MI &( toV1 Last Name A1rF if Applicant 2: First Name I\rA« MI Last Namea�� L If additional applicants, please attach an additional page(s) with names listed. Mailing Address Old Rrr7 x;n place. PO P00NIA city i&or aril � 1� States tic ZIP n O4'V` O - Country U� A Phone No. BI�XQ/ q:55,Vl 1316 FAX No. Street[Addddress (if different from above)- W • GL10- r , City I Dak Stale mc— ZIP 28K(o5 Email I 0-MeOt r Spy( OW141l r CoM 2. Agent/Contractorinformation Business Name GP G L L C A ent/ Contractor 1: First Name g MI Last Name 13r1nk AgenU Contrador 2: First Name, /j MI �/A Last WA Mailing Address P Cil� llr+ S g� N ZIP /1�� (� No. Phone No. 1 OP -9iG .TGZ-57�9 Phone o. 2 - l� �i FAX No. ,A (/ Contractor # [V/h Street Address (d different from at city • ,�� I" Stale ZIP �� Email <Form continues on back> REUtivitu sEP 162022 �u2•B00-2808 :: 1-888-4RCOAST :: www.ncco3sta1managrpeSECVj0l DCM MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location Cou (can be multiple) YIAyISwIG�.L Street Address .(� 3178 W' [�(.nV Uf . Slate Rd.0 QIA Subdivis ort Name ry 194k 14k'd Slate N L Zip Z Z%s Phone No. Lot No.(s) (Ifmany, attach additionalpage with list) Lry 828- Sr5 -1314, , a. In which NCriverbasin is the project lecated7 D. Name of body of water nearest to proposed project � C. Is me in (b) above, natural or manmade? d. NNaae the/ cloosWeslt majorwater body to the proposed project site. atura[]Unknown W w e. Is pro sad work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed es ❑No work falls within. Dal -�I'ed 4. Site Description a. Total length of shoreline on the tract (0.) Gil b. Size of entire tract (sq.8.) 13 SD3.to c. Size of Individual lets) S74 d. Approximate elevation of tract above NHW (normal high water)or NWL (normal walerletre t ze (if many /al sizes, please attach additional page with a list) .s,' 0 NHW or 13NWL e. Vegetation on tract T�S�uP SGru INV- f. Man-made features and uses now on tract S; le Fay I es Ce. t`�owu'ad/� 5 g. Identify and describe the existing land uses ad ace to the proposed project site. L C f1 C(1J S��sIeFQ�1l7 kL4- Adj4 l� h. How does local government zone the troth J. ^ Is the proposed project consistent with the applicable zoning? (Attach zoning complier certificate, if applicable) 1` DYes ONo A I. Is the proposed activity part of an urban waterfront redevelopment proposal? Vas k. Has a professional archaeological assessment been done for the tract? II yes, attach a copy. ❑Yes ❑No A If yes, by wham? I. Is the proposed project located In a National Registered Historic District or does it Involve a []Yes []No NaIlona] Register listed or eligible property? -:Form continues on next page> 252-800-280a .. 1.008-4RCOAST .. www.ncceaslalmanagemen Lnet RECEIVED J SEP 162022 MP SECTION DCM MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (1) Are there wetlands on the site? - es ❑No (11) Are there coastal wetlands on the site? es �Na / (III) It yes to either (i) or QI) above, has a delineation been conducted? []Yes Z. (Attach documentation, ifavallable) n. Describe existing wastewater treatment facilities. o. Des be existing drinking water supply source. p. Describe existing storm water management or treatment systems. �Jfv1NC � Co. 5. Activities and impacts a. Will the project be for commercial, public, or private use? ❑Co ercial oPublic/Govemment dvatelCommunity b. Give as brief description of purpose, use, and daily operations of the project when complete. c. Describe the proposed construction methodology. types of conslructlon equipment to be used dunnqc,noruclign a number of each type of equipment and where it Is to be stored. - LpKr- CA hS �le��g d�� Will l��Hl;z Ko ; I;tgs cXi1'i+r�y s� � P J d. List all develo men[ activities you propose. I cl y 8xl�l io V'/1" erI 18'x5'fixed a platform 9.13.2022 e. Are the proposed activities maintenance of an existing Drojact, work, a both? x (� 1 I. What is the approximate total disturbed land area resulting from the proposed project? \f W O q.Fl or Acres g. Will the proposed project encroach on any public easement, public accessway or other area 0Yes o ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to wales of the state. N1 � i. Will wastewater or stormwaler be discharged inloewetiand? []Yes o DNA If yes, will this discharged water be of the same salinity as the receiving water? []Yes CINo ). Is there any mitigation proposed? DYes LLKo A If yes, attach a mitigation proposal. -cForm continues on back> 252-800.2808 .. 1-888-4RCOA8T .. www.neconslalmanageR EM ` /CD SEP 162022 MP SECTION DCM MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information submitted in In addition to this completed application lapplicable the �o any major developmelnt appmust lbetbne Please consult the application ication package to be complete. Items (a) - III are always instruction booklet on how to property prepare the required items below. a. An accurate, dated work Plat portion laheedy ing Icompl e7an view 1f previously authorized work, clearly indlcale on maps, plats, drawings to distinguish proposed project. Is any p between work completed and proposed. tdetailed to guide agency personnel unfamiliar with the area to the site. c. Asite or location map net is sufficiently A copy of the deed (with stale application only) or other instrument under which the applicant claims 88e to the affected properties. d. e. The appropriate application fee. Check or money order made Pays to DENR. hat f lishe names and complt of received a c pyete of thed presses plicatof n and plats by certified mail. Such landowners must be advised that they havel the adjacent waterfront (riparian) landowners and signed return receipts as proof 30days�ih n owners which to submit comments on the proposed project to the Division of Coastal Management. Phone No. Name oyena ews e-- Address-306 W. r r'61,1 Phone No. Name 1I ptr too (- rk+n hra/ D4�L1-S!�•'Hj u� ZEyiss Address4 y&b I F . DAk =rl. ci" D— Phone No. Name Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitlee• and issuing dales. rdA Al t-P 110.711821 projects In oceanfront of public funds or use of public lands, attach a compliance with the North Carolina Environmental Policy Act. I understand that any pe rmit issued in response to 11`115 appmcaa�" ���� � �•• •• _ __. _._,--- 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 May 3, 2022 Print Name Wil(lam B Clark Signature Please indicate application attachments pertaining to your proposed project. i]DCM P-2 Excavation and Fill Information pDCM MP-5 Bridges and Culverts DDO MP-3 Upland Development CM MP-4 Structures Information 252.806.2308 .. 7-888-4RCOAST .. www.necoastalmanagemEVEIVE® SEP 162022 MP SECTION DCM MHD CITY 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. (1) Is the docking facility/marina: b. OCommemial OPublic/Govemmenl dust -/Community c. (i)D ck(s)andlor piers) (l1)Numba ( REMOVED (iii)Length from PLAN Qv) Width 9, .2022 (v) ng es ONo e. (I) Are Platforms Included? DYes If yes: (ii) Number (III) Length 18' x 5' Fixed IN) Width Platform (v) Floatin Yes LINO Note: oofed areas am celwlafed from ddpfine dimensions g. (I) Number of slips proposed (Ii) Number of slips existing A I. Check the proposed type of siting: ❑ Land cal and access channel OOp water; dredging for basin andfor channelpen water, no dredging required DOther, please describe: k. Typical boat length: z m. (])Will the facX have tie pilings? Ely. E340 hipyeliqurpber of tie pilings? ❑This section not applicable (i) Will the fadg open to the general publc? DYes o d. (I) Are Finger Piers Included? OYe No If yes: (II) Number _ IN) Length (iv) Width _ (v) Float DYes ONO I. (I) AreBoatlifisinduded? DYes WD If yes: (II) Number _ fill) Length IN) Width h. Check all the types of services to be previded. ❑ Full service. Including travel lift andlor rail, repair or maintenance service ❑ Doc ge, fuel, and marine supplies ockege (lvel slips') only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boas, mixed types). J%Ch QunQlno--t— I. (p Nil the fadity open to the general public? DYes a ,.52e08-2888 :: 11A811-41RcoAST N W W W.nceoastalmanngement,aet revised: 12127106 RECEIVED SEP 162022 MP SECTION DCM MHD CITY 7arrn DiCM MP -lab (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS AThis section not applicable a. Check each of the following sanitary facilities that will be included In the proposed pmjecL ❑ Office Toilet ❑ Toilets far patrons; Number: _; Location: ❑ Showers ❑ Boalholding tank pumpoul: 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'Pumpoul Available signs proposed. I. Describe the special design, If applicable, for containing Industrial type pollutant, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? In. Give the number of channel marirem and'No Wake'signs proposed. 1. Give the location of fuel -handling faciliges, and describe the safety measures planned to prated area water quality. J. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin gushing? I. If this project Is an expansion of an existing marina, what types of services are currently provided? ^52 irna-2a0a :: t-aa B:4RCDAST :: www.nceoastalmanneemeniAet revised: 12127106 RECEIVED SEP 162022 MP SECTION DCM MHD CITY C,orm DCM NIP-4 (Structures, Page 3 of 4) In. Is the marinaldocking facility pmposed within a primary orsecondary nursery area? []Yes ONO n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. Is the marinafdocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW _ []SAV _ []SB []WL _ []None p. Is the proposed marinafdocking facility located within or within close proximity to any shellfish leases? []Yes ONO 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 I a. (1) Is the boathouse structure(s): []Commercial []PubliclGovernment []PdvatelCommunity (11) Number fill) Length (iv) Width Note: Roofed areas are calculated born ddpfine dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) Whis section not applicable I a. (i) Number (ii) Length (ill) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) Cxfhis section not applicable a. Length _ c. Maximumdislance beyond NHW, NWLorwedands b. Average distance from NHW, 16. MOORING PILINGS and BUOYS Vhis section not applicable a. Is the stmcture(s): []Commercial []PubliclGovernment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, Ifpresent. e. Am of the swing b. Number _ d. Description of buoy (color, Inscription, size, anchor, etc.) RECEWE1 '. •aA8.2ae8 n 1-88"RCOAST :: www.ncean5taimanagement.net a SEP 162022 MP SECTION DCM MHD CITY Form DCM NIP-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. � 1.6 W 2LA' IE' - i(�o' w 154, Note: Forbuoy or mooring piling, use arc of swing including length of vessel. c. Width of water body - 4%6 e. (I) Will naviga8o I aids be required as a result of the project? Yes Flo DNA (II) If yes, explain what type nd how they will be Implemented. N74 d. Water depth at waterward end of structure atqg� NWL W®NLlU [8. OTHER ❑This section not applicable a. Give complete description: x 5' Fixed Platform 5/N/2c'z2 Date �k Docl,--IM Fac; I;�, Project Name UcLrL Applicant Name u�namecuniw, xrovr<mmn Applicant Signature RECEIVED SEP 162022 MP SECTION DCM MHD CITY 252-000.2806 :: 1-888-4RCOAST :: cvww.nccoastalmanaeemenl.net revised: 12/27106 * Not a survey* Approximate Riparian Corridor Waterbody Width: --430' AIWW Existing Docking Facility Pier: 4' x 34' Gazebo Roofline: 14' x 18' (2) 12' x 12' Boat Lifts USACE SETBACK NLW ---- - - ---------- --- — : --- --- Coastal Wetlands NEW P/L —63' Shoreline (Existing Bulkhead) Clark NW 4th Street End 308 W. Yacht (Oak Island) (Town of Oak Island) N Coastal Wetlands 306 W. ®yacht (BeECEIVED SEP 162U'LV MP SECTION DCM MHD CITY CPG, i_LC Page 1 of 3 COASTAL WWRI,Ca BOX 1661 ExisAppting canlarkStructures Carolina Beach, NC 28428 Applicant: Clark Date:S/5/2022 P E R µ I T GUY 910.302.5725 scale: 1:30 NW ben@coasts 1perm itg uy.com * Not a survey* Approximate Riparian Corridor Waterbody Width: —430' USACESETBACK AIWW :-1.5' @ NLW -1.0' @ NLW -0.67@ NLW #1 NW 4th Street End (Town of Oak Island) NLW NHW N Proposed 18' x 5' Fixed Platform Stepdown — - — - - — - — - — - — - �\ #2 Coastal Coastal Wetlands Wetlands —63' Shoreline (Existing Bulkhead) Clark 306 W. Yacht 308 W. Yacht (Oak Island) ea ACI`/C® sEP 162022 MP SECTION DCM MHD CITY CPG, LLC Page 2 of 3 PO BOX 1661 Proposed structures COASTAL Carolina Beach, NC 28428 Applicant: Clark Date; 9/13/2022 P E R M I T GUY 91.0.302.5725 Scale: 1:30 ben@coastalpermitguy.com Page 3 of 3 Cross Sectional Proposed Structures September 13, 2022 Scale: 1:10 Clark Docking Facility Proposed I'. Fixed Platfi Stepdown AT« W (Ladderto NHW--------------------- NLW -1.5'@NLW -1.0'ca .,---N Existing Pier, (2) Boat Lifts, and Gazebo under CAMA GP No. 70821 I nrQc I.arW i Existing Bulkhd 53' ea 1 27 -0.67' @ NLW RECEIVED SEP 162022 MP SECTION DCM MHD CITY Project Narrative: 308 W. Yacht Oak Island (Brunswick) Clark Docking Facility May 6, 2022 The applicant (Clark) is proposing to add a floating dock (8'x 16') to the existing docking facility permitted under CAMA GP No. 70821. The floating dock extends over the USACE Setback but has no pilings proposed. It will be attached via dual hinges and I -beams extending from the end of the existing fixed platform (gazebo). The floating dock is proposed in PNA with less than -2.0' at Normal Low Water in the AI W W. No oysters or coastal wetland vegetation are in close proximity to the proposed floating dock location. The substrate is sandy and there is a small patch of coastal wetland marsh fringe adjacent to the existing bulkhead. The proposed floating dock is creating a proposed third slip. • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. MAY `) Z021 RECEIVED JUN 2 8 2022 DCM-MHD CITY oaiMF1 l ark I" a6 i APPLICATION for Molor Development Permit (11eaN..lns.d 12027roe) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Appllcanb Landowner Information Business Name ^ ilY, Proled N9mHappll�a0le) - /Qu \F•- t1✓jrzL�l?� r I, Applicant l: First Name Wr i , MI gr foulCIWY Last Nameh Applicant 2: First Nam ,Name MI Last Name Naddillonal appgcanis, please attach an addrtlonal page(a) with names gated. Mailing Address Hus Old $- gin Puce PO Boz WA City Wckory State NL ZIP ? &D-t Country LA / Phone No. KSS jt FAX NO. Street Address (if dMerent ftm above) 0 W 44 - r , city 6dlkT�I State NL ZIP 28'{65 Email r Cori shied son (9DMqj,) r 2. Agent/Contractorinformatlon Business Name GPG, LLB, Agent/ Contractor 1: Firs Name MI Last Nam 11 rah Agent/ Contmclor 2: Fire[ Name , A /UJ- MI �/� Lest Name Mailing Address / • PI6N(L) p Gt�pr-d�lr,ft 0" SPc ZIP 91o•T01'$7ZS./ D� Phone Mo�� e FAX No. f(/ ConVador# (�/ � I _City Street Address (ffOilmen! aorlA A Sla- w N //'1 /N ZIP � � ' �?'/T EmaN <Form continues on back> RECEIVFC I Z07/ _';2.808.2008 .. 1-888-4RCOAST .. www.necoastaim.i'r �erne.n ntul DCM-MHD CITY Form DCM MP-11 (Page 2 of 4) VOID APPLICATION for Major Development Permit 3. Project Location Cou (an be muHlple) 0fVACwl(Y- Sbwl Aedrees 3 to Slab Rd. N ► IA Subdiv o %rme I CRY 046,d State n)! [ Zip z6%-5 Phone No. SZB- fan -l3lb W No.(s) (pmany, 8118M addho"page wRh Use) L.-y , a. In which NC river basin Is IM project bated? CM Is. Name critically of wNer nearest to proposed proled Az:tjw p. le the r body Identified In (b) above, aWnl or manmade? d. Mom the dosses majorwater body to the proposed project site. alural [11ilanmade 13I1nknlwm AZWW e. Ispro wdwork within dry limits or planning jurisdiction? 1. It applicable, Net me planning junsdictbn or city lima the proposed ea �No work falls withiinn}� 4. Site Descolptlon a. Total length of shoreline on the tract (ft.) (01, b. SW of enfire tract (sq.fi.) 131 SD-3 to stf� c. Size of IndMdml logs) d. Appmxlrab elevation of had above NHW (rwnnal high walsr) car NIM. firmnal waler le (tl many bl sizes, please ettacn eddabnel pope vela a Will NHW or (]NWL e. Vegetation on tract I - C6V- TuS�uP S�yuGs I Man-made feelures and uses now onsgd Lre vvjI i I—/ 1^—ef l�t/-Ce I d ill 1`9 fe e 4 jD g. Identiy, and describe the existing land uses ad(a to die proposed pro(ed site. AdjdL-Vsinge! Ele✓Ct~hdcYG�OPe�I Ili Favw K-Cf - - h. How does cal goverment Sarre the tact? I. Is the proposed project consistent with en applicable xoap7 R(o (Attach zoning comptis certificate, if applicable) []Yes r—INo 1. Is No proposed actMy pan of an urban waterfront redevelopment proposa17 oye, k. Has a professional archaeological assessment been done for the tract? It yes, axach a copy. (]YU ONO m If yes. by whom? I. Is the proposed project located In a National Registered Historic District or does It Involve a [3Yss []No MWAK National Register listed or eligible property? <Form continues on next page> 252-008-2808 :: 1-008-GRCOAST :. ww w.nccaa slalmnnaap aenl.net JUN 2 8 2022 MAY 9 202J DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? es ONO (a) Are there coastal wetlands on the site? ¢s ONO/ (gl) If yes to either (i) or (il) above, has a delineation been conducted? ]Yes tj NO (Attach documenfalbn, IF available) n. Descpprii�be existing wastewater treatment lacililies. 1r'rA'^S . CO . o. Da be existing drinking water supply source. �rviv%C • GO, . p. Des the existing etorm water management or treatment systems. tNNC , Co. 5. Activities and Impacts a. Will the project be for commercial, public, or pdvale use? LICogifiercial OPubllc/Govemment nvate/Communay It. Give�aa brief description of purpose, use, and daily operations of the project when complete. c. Describe the proposed construction methodology, types of construction equipment tobeused during constructionthe number of each type of equipment and where It IsCk- to he at re0, );-cc dtcgl k i, e S 41 �^ f-pKr � ",i5 Flg�ng d�k Will �. 3 S�t� d. List all day Io ment activities you propo e /-i•�i�F�mNhy e. Are the proposed activities maintenance of an existing project, work, o bolt? . r „ � 1 f. What is the approximate total disturbed land area resulting from the proposed project?Peqfl or OAcree g. Wia the proposed project encroach on any public easement, public accesaway or other area OYes 5W ONA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters, Of the stale. N1 A i. Will wastewater or slormwater be discharged Into a wetland? []Yee o []NA If yes, will this discharged water be of the same "Unity as the raceNing water? []Yes ONO j. Is there any melgalion proposed? []Yea o LINA If yes, attach a mitigation proposal. -cForm continues on back> RFCF)VFn J72-e00.2008 .. 1-8a8-4aCOAST .. www.nc c o n s tnlmanagement.net JUN 2 8 2022 MAY 9 2022 DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) C 1 r--. I s- APPLICATION for Major Development Permit 6. Additional information In addition to this completad applicalon form, fMP-il the following Boma below, If applicable, must be submi fed in order forme application package to be complete. Items (a) - (0 ere always applicable to any meld development application. Please consult the application Instruction booklet on how to property prepare the required items below. a. A project panatNe. It. An wwrole. dated won, at (including plan view and cross -sectional drawings) drawn to stele. 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 ells or krc low map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the eke. it. A copy of the dead (with stale application only) an other instrument under which the applicant claims Iltie to the affected properties. a. The appropriate application on. Chack ot 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 end plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the pmposed project to the Division of Coastal Management. Name oVW%*4 S Gk-y-Phone No. - Address 306 W r a,C), lTd!n� 70sbS Name TOVV%O ,l 4t0^-r10i'll ,/ Phone No. Address y� 1 E • DAL T-d --o/ D, 04)L2S'1� uc L9y6—V Name ph" � Address g. A rat of previous state a federal permits Issued for work on the project tract include permit numbers, parmhlee, and issuing dales. cp* GP N o . 7C87-1 h. Signed consultant or agent authorization form, if applicable. 1. Welland dellneatinn, if necessary. j. As" AEC hazard notice for projects in oceanfront and Inlet areas. (Must be signed by propery owner k. A statement of compliance with the N.C. Environmental Policy Act IN.C.G.S. 113A 1-10). ff necessary. If the project Involves expendllu e of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 17. 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 resbictlons 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. 1 further certify that the Information provided in this application is truthful to the best of my knowledge. Date May3,2022 Print Name 'William BClark Signature lyii/vdvw ifayk Please indicate application attachments pertaining to your proposed project. 11P-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts OD MP-3 Upland Development CM MP-4 Structures Information 252-808.2808 „ 1.888.4RCOAST .. low w.nc constalyd .not MAY JUN 2 8 2022 9 2022 DCM-MHD CITY VOID Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach (his 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 ❑This section not applicable e (i) Is the docking facility/manna. b. p) WIII the fadlll open to the general public? DCommardal DPubkclGovernmenl dvale/Commundy Oyes o c. (I)Dock(s)and/or pler(s) (if) Number ) (Ili)Length (N) Width (v) Floating esx [IN. e. (1) Are PlatforZ 6 If yes: (if) Number (III) Length(Iv) Width (v) Floatln Nofe: wfed areas ere nalcufafed /ran ddpir, dimensions. g. (1) Number of slips proposed 01) Number of slips existing 2 L Check he proposed type of sling. ❑ Land cut and access channel DD water; dredging for basin and/or channel pan water; no dredging required DOtner; please describe'. k. Typical boat length'. m. (I) Will the fad' have lie pilings? Dyesy o iii) II ye ❑ caber of lie pilhgs? TVA d. (i) Are Finger Piers Included? Dye No If yes: (II) Number _ (lit) Length (iv) Width _ (v)FloalOyes ONO f. (i) Are Boatlias included? Dyes LyNo If yes (ii) NumberX (at) Length (rv> wmh If. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑., Dlpcyago. fuel, and marine supplies L7ueckage(Wet slips') only, number of slips'. ❑ Dry storage; number of boats: _ ❑ Boat rempls), number of boat romps: ❑ Other, please describe: j. Descrioe the typical boats lobe served (e.g., open runaboul, charter boats, sell boats, mixed types). —4CN Qunc, s.. I. (i) Will the facility open to the general public? Dyes o RECEIVED JUN 2 S 2022 DCM-MHD CITY "^ bWb2aeb 1: 1 Baa 411COAST:: WWW.teCCOtLgahetanaatela1011talel rtj d: t, IAZ FDrnt PCM MP-4 (Structures, Page 2 of A) R d 2 DOCKING FACILITYMMARINA OPERATIONS This section not applicable a. Check each of the following sanitary lacililles that will be Included In the proposed project. ❑ office Toilets 0 Toilets for patrons; Number._: Location ❑ Showers ❑ Boatholding lank pumpoul; Give type and location. b. Describe treatment type and disposal location for as sanitary wastewater. C. Describe the disposal of solid wastefish offal and (rash. d. How will overboard discharge of Sewage from boats be controlled? e. (1) (live the location and number of *No Sewage Discharge' signs proposed. (II) Give the location and number ol'Pumpout Available' signs proposed. f. Describe the special design, if applicable. for conlalning Industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance as disposed of? h- Give the number of channel markers and 'No Wake' signs proposed. I. Give the location of fuebhendting facilities, and Describe the safety measures planned to protect area water quality. j. What will be the marina policy on oversight and live-aboetd dockage? k. Describe design measures that promote boil basin flushing? ------RECEIVED I. It this project Is an expansion of an existing marina, what types of services are currently provided? JUN 2 8 2022 DCM-MHD CITY L1111 :: 1-0011 4NCOAST n www.necapylalmana oment•nat rnvise.l: 12,27,06 MAY 9 2022 Fnrm "CM MP-4 (Structures, Page J of 4) in Is the marina/docking facility proposed within a primary or secondary nursery area? VOID QYes (]No n. Is the manna/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 wetlandslmarsh (GW ), submerged aquatic vegetation (SAV), shell bottom (SB), orother wetlands (WL)? If any boxes are checked, provide the number of square feet effected. 11CW ❑SAV _ ❑SB AWL ❑None p. Is the proposed marina/docking facility located within or within dose proximity 10 any shellfish leases? ❑Yes CINo II yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) a. (I) Is the boathouse strudure(s): []Commercial [Public/Government j]Pdvate/Community, (1) Number ((it) Length (Iv) Width Note: Roofed areas me calculated from ddphne dimensions. - This secuon;;; apptic W 4. GROIN (e.g., wood, shaefinme, etc. Ha rack groin, use fj Excavation and FOiJ his section not applicable a. (1) Number (a) Lwvlh (to) Width [5, BREAKWATER (e.g., wood, shaefpNe, ale) — — [X his section not applicable a. Langlh _ b. Average distance from NHW. NVIVI/orwittial c. Madrnum distance beyond NHW. NWL orwaaartds 5. MOORING PILINGS and BUOYS ink section not appiicabN a. Is the struclure(s): b. Number _ OCommerdal ❑Pubec/Govemment ❑Private/Community c. Distance to be placed beyond shoreline _ d. Description of buoy (color, Inscription, size, anchor, etc.) Note: This should be measured from marsh edge, d present. e. Am of the awing ECEIVED iJN 2 S 2022 DCM-MHD CITY 'Aa11-ttlna ^ 1 aaa 41111 :: www.nccoaalatmanagomonl.rtol revised: 12137r08 MAY 9 2022 Forni DCM MP.4 (Structures, Pape 4 of 4) 7. GENERAL a. Pmximily efMClure(s)lo adjacent riparian property lines b. Proximity of strudure(s) to adjacent docking faalitiss �o W ti'1 _���c� _ 5,41_ Note: Forlwoyornaorfng P&ng, Use am ofswlrg including length of vessel. C. Widthofwaterbody - 93d e. (i) WHO nadgel*�Al aids be requited as a result of the project? oyes BNo DNA (1) If yes, explain what typed how they will be Implemented. N/ & OTHER e. (live Complete description, S/q/z122- Date CJafk D���h� Fay I--�, _ Projec Name 7� -- w4lia,../jars., dark Appkent Name nuoesmn ...yayr.wm Applicant Slgneture d. Water depth at waterward end ofalruclura at LW NWL it' ® NLW 2'2 809-2808 :: 1.BBB-4RCOAST :: www.nceosalalma a emanl al 0 This section not applicable RECEIVED JUN 2 8 2022 DCM-MHD CITY navlaeds W27106 MAY 9 2022 I j PN lt—""�� 13�• hover 04 i a , `J 4 f I I I L RECEIVED JUN 2 8 �ji Drd 0CA944HD CITI, k 7' ,fir s ECEIVED MM 11 2011 DCM WILMINGTON. N MAR 2 9 2018 VOID Location Map: 308 W. Yacht Oak Island (Brunswick) Clark Docking Facility 47 min (345 miles) ma US -I t SyChean Any E and NC 904 Fasleal mute, the usael Iretlic 127 Cardinal Or Ern Wilm,Mich, NC?B40S > Follow N Cardinal Dr/Catdlnal Or Can to Market Sl I mn I0.4 mn RECEIVED > Take 0S74 WyMerun Luther" Jr Vkwy and I.S. 11 S W US 17 BUS S kt Bmnawick County 'dearn241mI JUN 2 8 2022 > Take NC-M W W Yacht Dr In Oak lsMnd tome lU Omit DCM-MHD CITY Ba IN none Or Oaa l WA, NC>8465 MAY 9 NO VOID N • Not a survey AI W W Approximate Riparian Corridor Waterbody Width: -430' Existing Docking Facility Pier: 4' x 34' Gazebo Roofline: 14' x 18' (2) 12' x 12' Boat Lifts USACESETBACK NLW------------------- Coastal Coastal Wetlands Wetlands NH —63' Shoreline (Existing Bulkhead) NW 4th Street End Clark 306 W. Yacht 308 W. Yacht (Oak Island) (Bean) (Town of Oak Island) COASTAL P E R M I T GUY CPG, LLC PO BOX 1661 Carolina Beach, NC 28428 910.302.5725 ben@coastalpermitguy.com Page 1 of 3 Existing Structures Applicant: Clark Date: 5/5/2022 Scale: 1:30 RECEIVED JUN 28 2022 DC10-101-1 Cln, MAY 9 M ' Not a survey Approximate Riparian Corridor AIWW Waterbody Width: -430' USACESETBACK Proposed 8' x 16' Floating Dock (no pilings) dual hinge 1-beam \ (14 #3 :-1.5' Q NLW L0' I NLW -0.67' © NLW #I NLW NHW VOID N L42 Coastal Coastal Wetlands Wetlands --63' Shoreline (Existing Bulkhead) NW 4th Street End Clark 306 W. Yacht (Town of Oak Island) 308 W. Yacht (Oak Island) (Bean) CPG, LI-C Page 2 of 3 COASTAL PO BOX 1661 Proposed Structures ii Carolina Beach, NC 28428 Applicant: Clark P E R M I T GUY 910.302.5725 Date: 5/5/2022 ben@coastalpermitguy.com Scale: 1:30 rttG IVED JUN 28 L,''2 DCM-M Ci CITy MAY 9 2022 Page 3 of 3 Cross Sectional Proposed Structures May 6, 2022 Scale: 1:10 Clark Docking Facility USACESETBACK �-N Existing Pier, (2) Boat Lifts, and Gazebo under CAMA GP No. 70821 Proposed Floating Dock (8' x 16) (No Pilings) Dual Hinges #3 Slip AIWW 77' _� Now•--------------------- ----- -----t.. nLw................................... I . ...... ..... -1S(a)NLW-1.0'QNLW 'Existine Bulkhe; i i-0.67' Q NLW 53' DECEIVED JUN 2 S 2022 DCM-MHD CITY .MAY Electronic Transmittal U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01424 County: Brunswick U.S.G.S. Quad: NC-Lockwoods Folly GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: William Clark Address: 4205 Old Brittain Place Hickory, NC 28602 Telephone Number: 828-455-1316 E-mail: alliedbryson@gmail.com Size (acres) 0.31 acre Nearest Town Oak Island Nearest Waterway Atlantic Intracoastal Waterway River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.927674 Longitude: -78.163144 Location description: The site is located adjacent to the Atlantic Intracoastal Waterway (AIWW) at 308 West Yacht Drive in Oak Island, Brunswick County, North Carolina. Description of projects area and activity: This verification authorizes the construction of a 5’ by 18’ fixed step down attached to the existing gazebo, located landward of the USACE setback. The project impacts include an additional 90 square feet of shading within navigable waters of the AIWW. When combined with the existing structures shading impacts total approximately 282 square feet. NC- DWR project number 2022-0850 Applicable Law(s): ܆Section 404 (Clean Water Act, 33 USC 1344) ܈Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit: 19700056 with the following Special Condition. Special Condition 1: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 5/3/2022, and the enclosed plans Proposed Structures and Cross Section, pages 2 of 3 and 3 of 3 dated 9/13/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit’s expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Katharine Elks at (910) 251-4567or katharine.b.elks@usace.army.mil. Corps Regulatory Official: _____________________________________________________Date: 10/19/2022 Expiration Date of Verification: 12/31/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Patrick Amico (NC DCM) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) Holley Snider (NC DWR) Ben Brink (Agent) Katharine Elks Digitally signed by Katharine Elks Date: 2022.10.19 08:24:03 -04'00' Action ID Number: SAW-2022-01424 County: Brunswick Permittee: William Clark Project Name: Clark docking facility 308 W. Yacht Drive Date Verification Issued: 10/19/2022 Project Manager: Katharine Elks Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Katharine Elks Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 or katharine.b.elks@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. _______________________________________ ______________________ Signature of Permittee Date United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee’s principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measures will allow in-water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1 The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water-related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 2 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252- 728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252- 448-1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field Office. 7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 3 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re- evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.