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102-22 Holder, Travis
Permit Class Permit Number NEW 102-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vertuirt for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Travis Holder, 156 Hammock Watch Wav, Hampstead, NC 28443 Authorizing development in Pender County at adj. to AIWW..at 134 Circle Drive, in Hampstead , as requested in the permittee's application dated 6/6/22 (MP- 1) and "rev. 6/20/22" (MP-4), including work plan drawing (1) Sheets I of 1 dated 5/5/22 This permit, issued on October 3, 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 „ L MbU forms clay De suDJect to rmes, Imprisonment or civil action; or may cause the permit to be null and void. Docking Facility Expansion This permit authorizes only the boatlift, 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 authorizes 1 additional formalized boat slip for a maximum of 3 formalized boat slips at this docking facility. 3) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. (See attached sheets for Additional Conditions) r ms 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 3, 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. I For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Travis Holder ADDITIONAL CONDITIONS Permit No.102-22 Page 2 of 2 4) 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. 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. Sedimentation and Erosion Control 7) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 8) 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 9) 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. 10) 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. 11) 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. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-202201423). 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. 20220853. 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 mean high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator: Permit#• 102_2 Z MAILING DISTRIBUTION SHEET P,Uc r 154 P4 Mwbc�[ Lje-'1-ck Woy I NaVMPS", fV u3 Agents: DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) -3, z), 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: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) t Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 TBD - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Pender, Brunswick, New HanoJ) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Travis Holder COUNTY: Pender PROJECT NAME: 134 Circle Drive LOCATION OF PROJECT: 134 Circle Drive, adj. to Mill Creek (Topsail Sound), Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-20-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A RECEIVED JUN 2 3 2'1)'2 DCM-MHD CITY FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S250N603 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 6-26-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 9-3-22 HOLDS: MAIL OUT DATE: 6-22-22 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 7-16-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 7-16-22 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep 6 Z3 X A CpvJ,51�� DCM - LUP Consistency Determination Zg Local Permit Officer Corps of Engineers - Regulatory Branch 70n ow123 DWR-401 Section 26 ; 4 Wzob53 DWR — Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office (5 Wildlife Resources Commission DMF —Shellfish Section I % DMF — Habitat & Enhancement x DNCR— Archives&History �Z DNCR—NaturalHeritage Program NCDOT NC Dept of Commerce Z Recommendations for State Permit — Travis Holder The total area of the existing and proposed structures was calculated as follows: Shoreline length = +/-90 ft. x 8 sq. ft = 720 sq. ft. allowable. Existine' Platform —12' x 12' = 144 sq. ft. (counts toward 720 sq. ft. allowance) Floating dock —1 (a) 8' x 25' = 200 sq. ft. (counts toward 720 sq. ft. allowance) Boatlift — 13' x 13' = 169 sq. ft. (does not count toward sq. ft. allowance) Proposed: Boatlift — 10' x 10' = 100 sq. ft. (does not count toward sq. ft. allowance) Total (existing) = 344 sq. ft. Total proposed = 0 so. ft. Total 344 sq. ft The proposed development would provide formalized dockage for a total of three (3) vessels. The existing/permitted pier and fixed finger piers were authorized to extend approximately 40' into the waterbody, which measures approximately 365' across, which is CONSISTENT with NCAC 07H .0208 (b)(6)(G). The application also appears to be CONSISTENT with the remaining use standards set forth in NCAC 07H .0208(b)(6), including those which dictate the maximum allowable platform area, the 15' riparian setback and federal channel setback. Provided the resource agencies do not have any concerns regarding significant adverse impacts resulting from the proposed project, this office has no objections to the issuance of a permit. RECEI\/FP JUN 2 3;:-: DCM-MHD ;ITV D_EQ� North CaroknaDepartmcntofEnvironmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 rwAn t++� 910.796.7215 DCM Coordinator: Cameron Luck County: Permit #: WIRO E-MAIL DISTRIBUTION SHEET Circle on . rt / Permit for: -'(V 2v�L✓ 1 �W Oversize Plans sent: ✓`k- DCM Offices: Morehead City: PT (if oversize) via Courier c Cam & Amanda on group email witbio.narr.app.drawings, deed, comment sheet _ MHC documents (Cam & Amanda) // Wilmington: Original hard -copy ONLY USACE & DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: Vzi Hair (Pender & Carteret Co): PN, CL, Reports, Split Sheet use both ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: ider=401 (BR/NH): PN, CL, Reports, Split Sheet � /oolley Snider - 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: V"KI'm Harding — DCM PlannerlWiRO: ikkee Christenbury Cultural Resources: UOb-nee Gledhill -Earley Environmental.Review9i)ncdenraov_ Natural Heritage Prog. '..Rodney Butler — DCA-Rural Eco. Dev: rk Ziegler NC DOT: avid Harris Wildlife Resources: /aria Dunn w/Reports State Property Office: "Tire Walton: DEED *M ke,Moser _ ,._Wnda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: '7e�my Humphrey (Bio) / _ aron Gupton, Admin. _ DEMLR: �Chr�tstine Hall - Stormwater Section _ �Dn Sams - Land Quality Section Public Water Supply: 6idi Cox City of Wilmington: rn-Tharster— Enforcement: LoField Rep: Co. LPO Agent: DISTRIBUTED: 17,2,1 RECEIVED JUN 2 3 2022 DCM-MHD CITY Updated 2/2522 CAMA/Shaun majors docs/e'Agency List MEMORANDUM To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Travis Holder Date: September 28, 2022 This project is consistent and not in conflict with the Pender County Comprehensive Land Use Plan Update. The applicant proposes to install a new 10' x 10' boatlift at an existing docking facility, creating a total of three (3) formalized boat slips. The project is located at 134 Circle Drive, adjacent to Mill Creek in Hampstead, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are PT and EW. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Conservation. In general, Pender County allows development in Conservation classified ABCs which is consistent with the State's minimum use standards. The Pender County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the 2012 Pender County Comprehensive Land Use Plan Update. Cc: File Luck, Cameron A From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hai r@usace.army.mil> Sent: Tuesday, June 28, 2022 12:33 PM To: Luck, Cameron A, Snider, Holley Subject: [External] FW: CAMA Major Application: Travis Holder Attachments: Holder.bio.narrative.application.deed.drawings.pdf; Holder.CommentSheet.docx; Holder.SplitSheet.pdf; RGP-56.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Cameron/Holley, The Corps AID is: SAW-2022-01423 Processed as a GP 56 Thanks! Liz From: WilmingtonNCREG <WilmingtonNCREG@usace.army.mil> Sent: Tuesday, June 28, 2022 11:52 AM To: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Subject: FW: CAMA Major Application: Travis Holder 2022-01423 / Pender / CAMA From: Pietila, Tanya K <tanva.pietila@ncdenr.Rov> Sent: Wednesday, June 22, 2022 3:00 PM To: WilmingtonNCREG<Wilmin¢tonNCREG@usace.armv.mil>; Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currev@usace.armv.mil>; Snider, Holley <hollev.snider ncdenr.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov> Cc: Luck, Cameron A <Cameron.Luck@ncdenr.gov>; Dail, Jason <!ason.dail@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: [URL Verdict: Neutral)[Non-DoD Source] CAMA Major Application: Travis Holder Hello All! Please accept this correspondence as the official distribution of CAMA application from Travis Holder for development in Hampstead, Pender County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature. *RETURN TO CAMERON LUCK at cameron.lucWncdenr.eov* NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Cameron Luck at cameron.luck@ncdenr.gov or (252) 808-2808 ext. 228. Thank you! Tanya Pietila Permit Support Specialist ROY COOPER Governor ELIZABETH S. BISER secretary RICHARD E. ROGERS, jR. Director NORTH CAROLINA EnvironmentalQpality DATE: July 22, 2022 FROM: Holley Snider f U RECEIVED NCDEQ-Division Water Resources 401 Buffer Permitting Branch JUL 262022 SUBJECT: DWR#20220853 ' No Written Approval Required MP SECTION DCM MHD CITY PROJECT LOCATION:134 Circle Drive, Hampstead, Pender County Holder Docking Facility PROPOSED PROJECT: Expansion of an existing docking facility to provide mooring for three (3) vessels The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request completed June 20, 2022 and received by this office on June 22, 2022. The waters of Mill Creek are classified as SA;HQW by the Division of Water Resources (DWR) and has been determined to be Secondary Nursery Area (SNA) by the Division of Marine Fisheries (DMF). Please understand that the waters around your project area have been identified as a Nursery Area and the DWR supports the concerns and recommendations regarding new impacts within these designated areas that are submitted by the Division of Marine Fisheries and the Wildlife Resource Commission. In accordance with the attached General Certification #4497 (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 inyour application shall expire upon expiration of the 404 or CAMA 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 may be 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 W%l tm127 Cardinal Drive Ext. Wdminglon, North Carolina 28#05-5406 910.796.7215 DocuSign Envelope ID: 7AB8F9AE-0944-472F-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. for Effective date: January 3, 2022 Signed this day: October 28, 2021 By 000uftnna by: S. Daniel Smith Director RECEIVED JUL 26202Z MP SECTION [)CM MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director June 22, 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. I uck(a),N C D E N R. gov SUBJECT: CAMA Applicant: Travis Holder Project Location: 134 Circle Drive, adj. to Mill Creek (Topsail Sound) in Hampstead, Pander County Proposed Project: The applicant proposes to install a new 10' x 10' boatlift to an existing docking facility, creating a total of three (3) formalized boat slips. Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Cameron Luck at the address above by July 15, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "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. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE Kei 8�ao%csai for Shannon Jenkins DATE 06/29/22 RECEIVED JUL 052022 MP SECTION DCM MHD CITY �p North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive.Eztenslon I Wilmington. North Carolina 28405 mv.mwo:�"ia�mmdy� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Fnvirimmental Quafity June 22, 2022 MEMORANDUM: 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) camero n.luck@ N CDE NR. oov SUBJECT: CAMA Applicant: Travis Holder Project Location: 134 Circle Drive, adj. to Mill Creek (Topsail Sound) in Hampstead, Pander County Proposed Project: The applicant proposes to install a new 10' x 10' boatlift to an existing docking facility, creating a total of three (3) formalized boat 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 15, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 798-7221 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. This agency objects to the project for reasons described in the attached comments' RECEIVED PRINT NAME M.,.:,v i .`i>>.n n -w ` JUL 052022 AGENCY C MP SECTION DCM MHD CITY SIGNATURE DATE - 5-2.b22 North Carolina Department or Etrvlmnmwtal Quality I Division or Coastal Management Wilmington Office.1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910,796.726 Received:7/1/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 22, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality Due: 7/12/2022 ER 22-1706 NC — SBA 7/8/2022 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) ca m e ro n. l u c k (a) N C D E N R. g ov SUBJECT: CAMA Applicant: Travis Holder Project Location: 134 Circle Drive, adi. to Mill Creek (Topsail Sound) in Hampstead, Pander County Proposed Project: The applicant proposes to install a new 10' x 10' boatlift to an existing docking facility, creating a total of three (3) formalized boat 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 15, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY 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 RECEIVED NC Historic Preservation Office SIGNATURE DATE JUL 2 2 ZGZZ MP SECTION DCM MHD CITY 7/21 /2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796,7215 ROY COOPER Governor ELIZABETH S. BISER Secretory BPAXTON DAVIS Director June 22, 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) ca me ro n. I uck (rD N C D E N R.g ov SUBJECT: CAMA Applicant: Travis Holder Project Location: 134 Circle Drive, ad/. to Mill Creek (Topsail Sound) in Hampstead, Pander County Proposed Project: The applicant proposes to install a new 10' x 10' boatlift to an existing docking facility, creating a total of three (3) formalized boat 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 15, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "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 AGENCY N C D E%A7 , 0 W /n ✓� �1/ k SIGNATURE rn �` I/ Q t DATE (a 12.3 I z Z North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Fmenslon I Wilmington, North Carolina 28405 910.796.7215 g, vf 1T5 ... Ii I'9p Ili tI T-1 tk I al it VIIII Garrx j'Ic 1,TI TXI TI,q let IT rp jIl jDAVIb CllROliNAi tIp, wq 3, vtM illURI sl'l� n e 22 ' 0"'0 ASI III 1 I- Ul ,ll "ti NUMANUUI W gz 77 FROM '4� it 1� Tlftl J, rmitqTofordinatora I A. WW TPI 7 r i Tl �,,N 11VI Costal Management 1,45- 0 Is u Morehead �City NC-2q55 IT' .. IT Fa I 'JI niffi JO�IaeI,�r N ir *v 1, 'N� `V i I Ilk I afli ij� 4 T� 15 A-, , I - � , TI, . I J11.Applaant F4fPUiw 1, I jpu popia jCbUh(p �,lv fS6Un0)10Hol I F' LociltigiM,' 4 - 111- 1, - I Z I 41 IN ...Il Project: .::i �T Ape 7 zl�f!�,' gfv�:�toqili PIT- Ondicatebel Is I�� qwfor*4,�C�dimermd in at ova regarding the q60 In when t ISM11 su tre i IT 11.7, i'l, ao P. IV, IT. T Phis agency hpSsjqo opjec%gln Iff- �l 4 W(, c '"'ACIC11yon I fill• 2, It, ill'T 6� nI:;�,'U� no comment X Thjgn on r Is r p, wA11 T-bit, agency app(Aves Affif 'ral '-h i A I Fr eChanges, rporatddAelpdtEa6 'L 14 4 T� This 0 axons desictJbied 'in the a" ac ency I I -- ects! o ii�l n Total of three co V,... . . ..... IT, fidi A Witid;�� Ill I, i? Vill- MY �Z ate Pi6e OfI 4 JuIV, SI-2022 IA, Ply z ptbCmDeprtMtL0fI.!o WQualiy DivislanufCoastal Management 1. WfthJngarn 4*000unaz8405 It CAal ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 22, 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(cDNCDENR.oOV SUBJECT: CAMA Applicant: Travis Holder Project Location: 134 Circle Drive, adj. to Mill Creek (Topsail Sound) in Hampstead, Pander County Proposed Project: The applicant proposes to install a new 10' x 10' boatlift to an existing docking facility, creating a total of three (3) formalized boat 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 15, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "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. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE /K�&M 91 DATE 07/14/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Travis Holder 2. LOCATION OF PROJECT SITE: 134 Circle Drive, adjacent to Mill Creek and Topsail Sound, in Hampstead, Pender County. State Plane Coordinates - Lat: 34°30'46.08"N Long: 77a42' 18.99"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6122/22 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 6/14/22 Completed 6/20/22 DWR pre -file date was 5/5/2022. Office- Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing — Residential dwelling and two -slip docking facility Planned — Boat lift (creating 3'd slip). (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: (AREA) DREDGED Ell LED OTHER (A) Vegetated Wetlands (Mixed coastal & 404-type) (B) Non -Vegetated Wetlands 100 sq. ft. (Open water (incorporated) (C) Other (D) Total Area Disturbed: 100 sq. ft. (0.01 acres) (E) Primary Nursery Area: NO (F) Water Classification: SA Open: NO PROJECT SUMMARY: The applicant proposes to install a new 10' x 10' boatlift at an existing docking facility, creating a total of three (3) formalized boat slips. RECEIVED JUN 2 3 2022 D_� Q� North Carokm Departmentof Environmental Qualay I Division of Coastal Man il..ae eCM-MHD CITY Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carogna 28405 m 910.7%.72I5 Travis Holder Page 2 9. PROJECT DESCRIPTION: The project site is located at 134 Circle Drive, adjacent to Mill Creek, in Hampstead, Pender County. To locate the property from the WIRO office, drive north on NC Highway 17 and turn right onto Washington Acres Road. Follow Washing Acres Road and bear left onto Circle Drive. Go through the intersection at Circle Drive and Hughes Road, and continue to house number 134, which will be located on the north side of Circle Drive. The property consists of a 0.5-acre parcel that is situated on land that is approximately 10-12 feet above mean high water (MHW) and is vegetated primarily with lawn grasses. A single-family residence occupies the highground portion of the property. The shoreline (approximately 90 linear feet) is natural (no man-made shoreline protection features), and coastal and 404-type wetlands extend waterward from the high ground, a distance approximately 40 linear feet. Groundsel bush (Baccharis halimijolia) and Bulrush (Scirpus spp.) are among some species that vegetate the area immediately waterward of the transition zone. Waterward of this zone, Smooth Cordgrass (Spartina alterni,Jlora), intermixed with Glasswort (Salicornia spp.) and Sea Lavender (Limonium carolinianum), comprise the majority of wetlands bordering the open water area of Mill Creek. The width of the waterbody measures approximately 365' from marsh to marsh in this location; however, the channel runs just outside of the existing docking facility. Submerged aquatic vegetation (SAV) is absent in this area of Mill Creek. Currently, a pier, platform and boatlift exist at the property, and the facility was authorized under CAMA General Permit GP1t72221, which was issued on 10/2/2018. The permit authorized construction of an access pier (5' x 40') and a fixed platform (12' x IT), boatlift (13' x 13') and a floating dock (8' x 25'). The permittee has maintained the facility since permit issuance and has made repairs when necessary. Water depths in the vicinity of the existing platform and floating dock range between -3 and -4.5', relative to Mean Low Water (MLW). The waters of the AIW W are classified SA by the Division of Water Quality. The project area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to install a new 10' x 10' boatlift at an existing docking facility, creating a total of three (3) formalized boat slips. As proposed, the applicant is requesting authorization to construct a three -slip docking facility by installing a new 10' x 10' boatlift along the southern side of the existing floating dock. As designed, the boatlift would accommodate a 3rd vessel at the facility. Based on the site plan drawing, it appears the proposed boatlift would be located within the applicant's riparian corridor, just outside of the 15-foot riparian corridor setback. Additionally, the proposed boatlift RECEIVED JUN 2 3 2022 DCM-MH North Carolina Department ofEnvironmentalQuality IDlvisionofCoastal Management Dyl�rV —' Wilmington Office 1127 Cardinal Drive Extension I Wlfmington, North Carolina 29405 -��"ii1Y0a"a\ 910,796.7215 Travis Holder Page 3 would be located just inshore of the adjacent channel, in line with the existing floating dock and boatlift. Water depths in the vicinity of the proposed boatlift range from -3.5' to -4.5', NLW. 10. ANTICIPATED IMPACTS The proposed boatlift addition would result in the incorporation of approximately 100 square feet of Estuarine Waters and Pubic Trust Area. No impacts to Coastal Wetlands or any SAV should be impacted as a result of the project. The proposed development would be located within the applicant's riparian corridor, outside of the 15' riparian corridor setback on both sides and would be constructed outside of the channel setback, well within '/4 of the width of the waterbody and within the established pier -head line. Turbidity associated with the piling installation should be kept to a minimum. Submitted by: Jason Dail Date: 6/21/22 Office: Wilmington RECEIVED JUN 2 3 2022 DCM-MHD CITY Dw� North Carolina Department of Environmental Quality I Division of Coastal Management �V�r ■ ' Wilmington Oftke 1127 Cardinal Drive Extension I NAlmington, North Carolina 28405 M+ r'"�"� 910.7%.7215 jouthern environmental Group, Inc. 5515 South College Kond, Suite E Wilmington, NC. La41 2 f'hone: � I o.4521% 1 1 r-- 910.+52. 2399 Web: "wsegi.ua 134 Circle Drive CAMA Major Permit Application Project Narrative Preparedfor Mr. Travis Holder 156 I lammocks Watch Way Hampstead, NC 28443 Prepared by RECEIVED Southern Environmental Group, Inc. 5315 South College Road, Suite E JUN 2 3 2022 Wilmington, NC 28412 DCM-MHD CITY RECEIVED Date u 23 May 2022 JUN 14 10 DCM WILMINGTON, NC 134 Circle Drive CAMA Major Supplement Doc SF C i Introduction: Southern Environmental Group, Inc. (SEGi) has been retained by Mr. Travis Holder, herein referred to as "Applicant", to secure a CAMA Major Permit for a third slip, which will encroach over Public Trust Waters and Lands. The structure will be located north of the existing structure, which is located at 134 Circle Drive, in Hampstead, Pender County, North Carolina. The following information is being submitted in support of the NC Division of Coastal Management's CAMA Major Permit Application. Parcel Information and Project Location: The project is located at 134 Circle Drive, near Hampstead, in Pender County, North Carolina. The site is a single-family lot, with an existing dwelling, encompassing approximately 2.4-acres (see Appendix A). (RECEIVED JUN 2 3 2022 DCM-MHD CITY The site property is zoned residential and has been assigned Parcel Identification Number 3291-09-7447-0000, by the Pender County Planning and Zoning Department (see Appendix A). One can find the project site by heading north on US Highway 17, then taking a right onto Washington Acres Road, a left onto Circle Drive West, which turns into Circle Drive, after crossing Hughes Road. The site is located on the right, at the intersection of Circle Drive and an unnamed private road that runs to the north (see Appendix B). Site Information: The project site abuts Mill Creek, which is part of the White Oak Basin and is classified as SA;HQW, by the North Carolina Division of Water Resources (DWR (see Appendix C)). The N.C. Division of Marine Fisheries (DMF) has designated this area as Permanent Secondary Nursery Area (PSNA) and a coastal waterbody (see Appendix D). According to the North Carolina Division of Health, Shellfish Sanitation Section (HSS), around the project, waters are closed to harvesting shellfish (see Appendix E). Mill Creek is approximately 515' wide, from coastal wetland to coastal wetland, at the location of the proposed lift (see Appendix F). The edge of the channel is located approximately 50 feet, from the edge of marsh (see Appendix F). Project History: The site has been issued a CAMA General Pen nit for the existing structure, but neither SEGi nor the Applicant had a copy of the permit. Site Conditions: Currently there is a single-family dwelling, with driveway, and 62' x W fixed dock that terminates into a 13' x 13' fixed platform. A gangway leads down to a 24' x 8' floating platform and a boat lift, on the northern side of the floater (see Appendix F for details). Kk C E IV f=.I JUN 14 2022 Page 2 of 14 134 Circle Drive CAMA Major Supplement Doc 15F C i Water depths are approximately 4' at normal low water, therefore, dredging is not necessary. The northern dock is approximately 67 linear feet from the existing structure, while the nearest dock, to the south, is approximately 173 linear feet, from the existing structure. 1,7gure 2 Closest structure to the north Figure 3 Closet strucnar to the south Project Purpose and Need: The purpose of this project is to install a second boat lift, for the Applicant to use for his own personal use. Project Description: Work associated with this project consists of installing 4 pilings 10' on center, to the south of the existing floating platform (see Appendix F for details). The following table lists the existing and proposed structures, associated with this project: Component Description Length (Ft) width (FI) SF Existing/Proposed A Fixed Pier 62' 6' 372 Existing B Fixed Uncovered Pimfornt 13' 13' 169 Existing C Floating Platform 24' 8' 192 Existing D Boat Lift Ml r0' 10' NA Existing E Boat Lift d2 10, 1W NA Proposed Total Ara 361 Table I Ecishing and Proposed Structures To ensure protection of the West Indian manatee (Trichechus manalus), the work will be undertaken between November 1 and May 31. If this is not possible, the Applicant will adhere to the US Fish and Wildlife's guidance entitled "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" (see Appendix H). In addition, to protect the South Atlantic Sturgeon, no work within the open water will take place between February I and June 30. Adjacent Riparian Property Owners: According to the Brunswick County GIS Map, the ARPOs to this project are: Map Number Pared ID / Owner hlalling Address 3291-09-7504-0000 / 1 MARTINEZ. ROLANDO 136 Circle Drive. Hampstead, NC 28443 2 3291-09-7387-OW/ WEDEMEYER, CHARLES C 132 Circe Drive, Hampstead. NC 28443 moor i nev& hi;ansauon These listed adjacent property owners were notified of the proposed work (see Appendix I). RECEIVED JUN 2 3 2022 RECEI'v .i DCM-MHD CITY SUN 14 2022 Page 3 of 14 DCP:11f;ILA/,WGTON. NC 134 Circle Drive CAMA Major Supplement Doc '5r G j NC DWR 401 Pre -Filing Request: SEGi notified the NC DWR 401 Unit of the project, via email, on 5/5/22 (see Appendix G). SEGi and the Applicant hereby certify 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 act on this CWA 401 certification request within the applicable reasonable period of time. Summary: In summary, the Applicant is seeking approval, in the form of a CAMA Major Permit, to perform work that will take place within the within and over Public Trust Waters and Lands. The proposed work consists of installing another boat lift, in an area where water depths are greater than 2', at normal low water. The lift will provide a third boat slip, at his residence. The proposed work is consistent with the current rules and regulations of the NC Coastal Area Management Act, as well as the state and federal Clean Water Act, and is considered the least environmentally damaging practicable alternative. RECEIVED JUN 2 3 2022 DCM-MHD CITY M-CEIVLC UN 14 211V Page 4 of 14 [)CPA !NIL.NIINGI.0:4. NG DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) r- North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landownerinformadon Business Name Project Name (if applicable) NA 134 CIRCLE DRIVE Applicant t: First Name MI Last Name TRAVIS HOLDER Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 156 HAMMOCK WATCH WAY HAMPSTEAD NC ZIP Country Phone No. FAX No. 28443 US ext. - Street Address (if different from above) City State ZIP Email travisravholderatahoocom Phone: 910.520.8905 2. Agent/ContractorInformation Business Name SOUTHERN ENVIRONMENTAL GROUP, INC (SEGI) JUN 2 3 20?. Agent/ Contractor 1: First Name MI Last Name DANA A. LUTHERAN DCM-MHD C' Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 5315 SOUTH COLLEGE ROAD, SUITE E I WILMINGTON NC ZIP Phone No. 1 Phone No. 2 28428 910.452.2711 - - ext. 910.228.1841 (Preferred) - ext. FAX No. Contractor # 910.452.2899 NA Street Address (if different from above) City State ZIP SAMEASABOVE Email dlutheran�seci.us 3. ProjectLocatlon County (can be multiple) Street Address State Rd. # PENDER COUNTY 134 CIRCLE DRIVE NA Subdivision Name City State Zip NA HAMPSTEAD NC - 28443 Phone No. Lot No.(s) (if many, attach additional page with list) NA-- ext. 3291-09-7447-0000 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project WHITE OAK MILL CREEK c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed a u Manmade Unknown project site. AIWW e. Is proposed work within city limits or planning jurisdic8on? f. If applicable, list the planning jurisdiditln.of oily I' itlthe Yes ® proposed work falls within. Iiitr'-ll..tt�-11 PENDER CO. 134 Circle Drive (4/25/22) Page 1 of 6 rY DCM WILMINGTON. NC 4. Site Description a. Total length of shoreline on the tract (R.) b. Size of entire tract (sq.fl.) 90 LF (SEE PROJECT NARRATIVE) 0.50 AC c. Size of individual lot(s) NA d. Approximate elevation of tract abovenormal high (If many lot sizes, please attach additional page with a list) water) or NWL (normal water level) Is, (2 e. Vegetation on tract THE PROJECT SITE IS AN ESTABLISHED RESIDENCE WITH GROOMED LANDSCAPE. COASTAL WETLANDS CONSIST OF BLACK NEEDLERUSH, SPARTINAAND BULLRUSH. f. Man-made features and uses now on tract CURRENTLY IMPERVIOUS SURFACE AREA IS COVERED WITH A SINGLE-FAMILY RESIDENCE, WITH DRIVEWAY AND PATIO. A 82' LONG DOCK, WHICH EXTENDS OUT TO A 13' X 13' FIXED PLATFORM, AND THEN ACCESSED VIA GANGWAY, A 24' X 8' FLOATING PLATFORM AND BOAT LIFT, MEASURED 9' ON CENTER. g. Identify and describe the existing land uses ad'acent to the proposed project site. ADJACENT PROPERTIES ARE ZONE RESIDENTIAL. h. How does local government zone the tract? I. Is the proposed project consistent with the appli ble zoning? (Attach RESIDENTIAL zoning compliance certificate, if applicable) ea No NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Yes ® NA If yes, by whom? THIS SITE HAS BEEN BUILT UPON FOR SOME TIME, AND THE PROPOSED WORK IS TO TAKE PLACE OVER OPEN WATERS. THUS, FURTHER EVALUATION OF THE AFFECTS THE PROJECT MAY HAVE ON CULTURAL OR HISTORICAL RESOURCES WAS NOT WARRANTED. I. Is the proposed project located in a National Registered Historic District or does It involve a National Register Yes ® NA listed or eligible property? M. (i) Are there wetlands on the site? © No (ii) Are there coastal wetlands on the site? © No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) Yes n. Describe existing wastewater treatment facilities. SEPTIC IS THE CURRENT WASTEWATER TREATMENT MEASURE o. Describe existing drinking water supply source. MUNICIPAL WATER IS CURRENTLY AVAILABLE. p. Describe existing storm water management or treatment systems. THERE ARE NO EXISTING STORMWATER TREATMENT SYSTEMS IN PLACE AND THE PROJECT DOES NOT PROPOSE ADDITIONAL BUILT UPON AREA. & AcBddes and lmpacts a. Will the project be for commercial, public, or private use? Commercial Public/Government vate/Commun b. Give a brief description of purpose, use, and daily operations of the project when complete. THE PURPOSE OF THIS PROJECT IS TO INSTALLA BOAT LIFT, MEASURED 10' ON CENTER, WHICH WILL BE USED BY THE PROPERTY OWNER. C. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A PILE DRIVER OR PUMP, TO BLOW THE SAND OUT, WILL BE UTILIZED TO ERECT PILINGS. THIS SHOULD NOT TAKE LONGER THAN ONE DAY, THUS NO NEED TO STORE EQUIPMENT ON -SITE. d. List all development activities you propose. THE PROJECT CONSISTS OF INSTALLING 4 PILINGS, IV ON CENTER, SOUTH OF THE EXISTING FLOATING PLATFORM. e. Are the proposed activities m enanoe of an existing project, new work, or both? NOWCEI V i D JUW1-�I) JUN 23 2022 134 Circle Drive (6/6/22) Page 2 of 6 DCM- DC WILMING 1'01J, NG MHD CITY f. What Is the approximate total disturbed land area resulting from the proposed project? NA g. Will the proposed project encroach on any public easement, public accessway or other area that Yes No NA the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. THIS PROJECT DOES NOT INCLUDE NEW DISCHARGES TO WATERS OF THE STATE. 1. Will wastewater or stormwater be discharged into a wetland? Yes No If yes, will this discharged water be of the same salinity as the receiving water? Yes No J. Is there any mitigation proposed? Yes r� NA If yes, attach a mitigation proposal. 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 era always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. (SEE SUPPLEMENTAL DOCUMENT) b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. (SEE SUPPLEMENTAL DOCUMENT) C. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. (SEE SUPPLEMENTAL DOCUMENT) d. A copy of the deed (with stale application only) or other instrument under which the applicant claims title to the affected properties (SEE SUPPLEMENTAL DOCUMENT) e. The appropriate application fee, check or money order made payable to DENR. (SEE SUPPLEMENTAL DOCUMENT) f. A list of the adjacent riparian property owners. Map Number Parcel ID Owner MailingAddress 1 3291-09-7504-0000 MARTINEZ ROLANDO 136 Circle Drive, Hampstead, NC 28443 2 1 3291-09-7387-0000 1 WEDEMEYER, CHARLES C 1 132 Circle Drive, Hampstead, NC 28443 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A CAMA GP WAS ISSUED FOR THE EXISTING DOCK. HOWEVER, NEITHER THE APPLICANT NOR SEGI HAVE A COPY OF THE PERMIT. h. Signed consultant or agent authorization form, if applicable. (SEE ATTACHED) I I I. Wetland delineation, if necessary. NA j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) NA k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. NA 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant and do in 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. RECEIVED Date 6/6t22 Print Name _ Dana A. Lutheran for Travis Holder Signature /. JUN 2 3 2022 Please indicate application attachments pertaining to your proposed project. RECEIVED CM-MI-10 CITY MP-2 Dredge and Fill ./MP-4 Structures MP-3 Upland Development MP-5 Culverts and Bridges JUN 14 20>; DCM Wu Sethi ", . .. _ 134 Circle Drive (6/6/22) Page 3 of 6 6/6/22 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 FACILITYIMARINA CHARACTERISTICS a. (i) Is the docking facility/marina: Commercial Public/Government rvate/Commu c. (i) Dock(s) and/or pier(s) III) Number 1 (III) Length 62' (iv) Width 6' (v) Floating Yes rD e. (i) Are Platforms included? Yes No If yes: (II) Number (iii) Length (iv) Width - (v) Floating Yes No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 1 (ii) Number of slips existing 2 M wet and 1 liftl L Check the proposed type of siting: Land cut and access channel Open ER!ffLq[gJqtGLor basin and/or channel en water; no dredgm re u' Other; please describe: k. Typical boat length: 15'— 35" m. (i) Will the facility have tie pilings? Yes (ii) If yes number of lie pilings? 0 This section not applicable b. (i) Will the facility be open to the general public? Yes d. (i) Are Finger Piers included? Yes No If yes: III) Number (III) Length (iv) Width (v) Floating Yes No I. (i) Are Boatlifts included? ® No If yes: (ii) Number 1 (iii) Length (iv) Width to IOr h. Check all the types of services to be provided. Full service, including travel lift and/or rail, repair or maintenance service Dockage, fuel, and marine supplies V Dockage ('wet 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 boats, mixed types). Open run about. I. (i) Will the f cility be open to the general public? Yesclso RECEIVED JUN 2 3 2022 DCM-MHD CITY 252.808.2801In 1.888.4RCOAST :: www.nccoastalmanagement_net revised: 12/27/06 Form DCM MP-4 (structures, Page 2 of 3) 2. DOCKING FACILITY/MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project. Office Toilets Toilets for patrons; Number: _; Location: _ Showers Boat holding tank pump out; 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) Glve the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of 'Pump out Available" signs proposed. e/a/22 is section not appllca f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities and describe the safety measures planned to protect area water quality. J. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? Yes No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? Yes No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CW SAV SB WL None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? Yes No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (Including covered lifts) a. (i) Is the boathouse struclure(s): Commercial Public/Government Private/Community (II) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions 4. GROIN (e.g., wood, sheetplle, etc. If a rock groln, use MP-2, Excavation and Fill.) a. (i) Number (ii) Length (III) Width his saetlon not applicab e s seMlon not appllu6 RECEIVm 919-733.2293 :: 1.8884RCOAST :: www.ncconstaimanagement.net revised: 11115102 JUN 2 3 2022 DCM-UWn i-m-%, Form DCM MP-4 (structures, Page 3 of 3) S. BREAKWATER (e.g., wood, shestplle, etc.) a. Length c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): Commercial Public/Government Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge if present. e. Arc of the swing 7. GENERAL 6/6/?.2 s section not applicable b. Average distance from NHW, NWL, or wetlands a section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) a. Proximity of structure(s) to adjacent riparian property (ARP) b. Proximity of struclure(s) to adjacent docking facilit es. lines Approximately 72' from the nearest northern structure Approximately 15 LF from the northern ARP Line and and there are no structures, within proximity to the 18 LF from the southern ARP line (See attached south (See attached Supplemental Information) Supplemental Information) Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body Approximately 400' e. 1) Will navigational aids be required as a result of the project? Yesi (1I) If yes, explain whet type and how they will be Implemented. 8. OTHER a. Give complete description: NA 6/6/22 0111 4.20 • ZL Date 134 Circle Road Project Name Travis Holder Applicant Name Dana A. Lutheran for Travis Holder Applicant Signature d. Water depth at waterward end of structure at`NLy} r NWL .5' RECEIVED ction not a Ica 919.733.2293 :: 1-888.4RCOAST :: www.nccoastalmanagement_net revised: 11115102 JUN 2 3 W DCM-MHD CITY 134 Circle Drive CAMA Major Supplement Doc 51: ii, Appendix G DWR Pre -Filing Request Email RECEIVED JUN 2 3 2022 DCM-MHD CITY 17f,ic1 �N11.Ir:IA:.aYi:�!. I'CC Page 12 of 14 From: dlutheran(fteol us To: "IQ 1PreFlle®ncdenrooy" Subject: 134 Circle Road CAMA Major Permit - 401 Pre -Filing Request Date: Thursday, May 5, 2022 9:24:00 AM Project Name: 134 Circle Road CAMA Major Permit Applicant Name: Travis Holder Address: Same as project, Pender Co. Consultant: SEGi - Dana Lutheran (910.228,1841) Project Description: Add boat lift to existing dock, increasing the number of slips from 2 to 3. RECEIVED JUN 2 3 2022 QF.CFIVfO JUN 14 2` DCM-MHD CITY DCrd WILMINGTON IC ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director Southern Environmental Group, Inc Attn: Dana Lutheran 5315 South College Road, Suite E Wilmington, NC 28428 Dear Ms. Lutheran: NORTH CAROLINA bwkwtmental Quality June 21, 2022 The Division of Coastal Management hereby acknowledges receipt ofyour application, submitted on behalf of Travis Holder, requesting authorization under the Rules of the N.C. Coastal Resources Commission for development activities 134 Circle Drive, adjacent to Mill Creek, In Hampstead, Fender County.. It was received as complete on June 20, 2022, and appears to be adequate for processing at this time. The projected deadline for making a decision on your permit application is September 3, 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 20, 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 and/or comments from reviewing agencies. Sincerely, -7 2. i Jason Dail / Field Representative cc: WiRO - file Liz Hair, USACE RECEIVED Holley Snider, DWR Travis Holder - Applicant - 156 Hammock Watch Way, Hampstead, NC 28443 JUN 2 3 2022 DCM-MHD CITY D Q�� 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 9 N()T1(0'10;1 CAMA PERMIT APPLIED FOR PROJECT: Applicant proposed to install a new 10' x 4,^1,7L111y aava.nllly la�.illfry ,1 M Mill ree , in amps ead, Pen -der oun y m COMMENTS ACCEPTED THROUGH Ju/y f6, 2022 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Travis Holder 1S6 Hammock Watch Way _Y IV. ;J111 Hampstead, NC 28443 Aaent SEGI I ming on, c/o Dana Lutheran ason I (910) 452-2711 ROY COOPER nn.vnmr ELIZABETH S. BISER k Mwry BRAXTON DAVIS Ornamr /Lvenm n/Caamd Mnmgrmnu June 21,2022 Gan LegPubNotices7@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Travis Holder— Pender County • Port Cape Fear Associates, LLC — New Hanover County Hello: Please publish the attached Notice in the Saturday, June 25, 2022 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. *****Please send both original affidavit and invoicefor payment to: NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226 (Customer No. 489895) Thank you for your assistance in this matter. Sincerely, Permitting Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE state of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 RECEIVED JUN 2 3 2022 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- 1 l9(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On June 21, 2022, Travis Holder proposed to install a new 10' x 10' boadifl for a total of three (3) formalized slips at an existing docking facility at 134 Circle Dr., adjacent to Mill Creek, in Hampstead, Pender County; And on June 21, 2022, Port Cape Fear Associates, LLC proposed to perform maintenance dredging within the existing basin to S' MLW, and within the existing forklift drop area and access channel to -7' MLW at 3410 River Rd, adjacent to the Cape Fear River, in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Jason Dail (Pender County) or Bryan Hall (New Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405) (910) 796-7221(Jason Dail) or (910) 796-7423 (Bryan Hall) during normal business hours. Continents mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 16, 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 3 2022 DCM-MHD CITY N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 5IW2022 Name of Property Owner Applying for Permit: - 1> fQmCS 12. Cwn(�s Mailing Address: 3w4 F. fact- tr Oak I I,,,. NC 234-05- 1 certify that 1 have authorized (agent) Southern Environmental Grouo Inc to act an my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) elevatetl slatted decking within the 75' AEC at (my property located at) 4007 Fish Factory Road Oak Islantl Brunswick County Nonh Caofina, "this certification is valid thru (date) December 31. 2023 o` S-9 - ao a -a — Owner Signature U (\ Date RECEIVED JUN 2 3 2022 DCM-MHD CITY RECEIVED JUN 14 10�. DC.I WILMINGTON NC `J' outhern environmental Group, Inc. 5315 `5outi, College Road, Suite E, Wilmington, NC 2D412 910.+32.27I I , Fax: 910.452.2699 - w .segi.us 15 May 2022 Certified Mail (7020 0640 0000 2723 5398) Mr. Rolando Martinez 136 Circle Drive Hampstead, NC 28443 Re: CAMA Major Permit Adjacent Riparian Property Owners Notification 134 Circle Drive, Hampstead, Brunswick Co. North Carolina Mr. Martinez, Southern Environmental Group, Inc., on behalf of Mr. Travis Holder, is sending this letter, notifying you of the proposed installation of one boat lift (see attached site plan). The work will take place on property adjacent to land depicted as being owned by you, according to the Pender County tax information page. The work will entail seeking a Coastal Area Management Act (CAMA) Major Permit. As part of that permit process, the Applicant is required to notify the adjacent property owners, of the proposed work. As you will see the proposed structure is wholly contained within Mr. Holders's riparian access area, and, therefore, a signed notification form is not required, but we would greatly appreciate it if you would take the time to sign the attached form and return it, via email, to dlutheran@segi.us or mail to my office. For questions regarding the permitting of the proposed activity, please call Mr. Jason Dail, with the North Carolina Division of Coastal Management. For questions regarding the methods and/or timing of construction, please contact Mr. Holder at (910)520.8905. Please feel free to call me, at 910.228.1841, for information regarding Areas of Environmental Concern (AEC) or other environmental issues. Sincerely, Dana A. Lutheran Southern Environmental Group, Inc. Enclosures (1) RECEIVED JUN 2 3 2022 DCM-MHD CITY vi,Fc1 i1/i..I .iUN 14 10K Dcr11111;HVINC,I :. i'x: 5outkem E-nvironmental Group, Inc. 551 5 5outlt College Kok Suite ff, Wilmington, NC 2A412 910.♦5z.z711 - Fax 910.43z.z899 - w-Segi.un 15 May 2022 Certified Mail (7020 0640 0000 2723 5381) Mr. Charles C. Wedemeyer 132 Circle Drive Hampstead, NC 28443 Re: CAMA Major Permit Adjacent Riparian Property Owners Notification 134 Circle Drive, Hampstead, Pender County, North Carolina To whom it may concern, Southern Environmental Group, Inc., on behalf of Mr. Travis Holder, is sending this letter, notifying you of the proposed installation of one boat lift (see attached site plan). The work will take place on property adjacent to land depicted as being owned by you, according to the Pender County tax information page. The work will entail seeking a Coastal Area Management Act (CAMA) Major Permit. As part of that permit process, the Applicant is required to notify the adjacent property owners, of the proposed work. As you will see the proposed structure is wholly contained within Mr. Holders's riparian access area, and, therefore, a signed notification form is not required, but we would greatly appreciate it if you would take the time to sign the attached form and return it, via email, to dlutheran(ailsegims or mail to my office. For questions regarding the permitting of the proposed activity, please call Mr. Jason Dail, with the North Carolina Division of Coastal Management. For questions regarding the methods and/or timing of construction, please contact Mr. Holder at (910)520.8905. Please feel free to call me, at 910.228.1841, for information regarding Areas of Environmental Concern (AEC) or other environmental issues. Sincerely, Dana A. Lutheran Southern Environmental Group, Inc. Enclosures (2) RECEIVED JUN 2 3 2022 DCM-MHD CITY RLCE-1VUfi JUN 14 [U�,' DC[A WIHAINGTCN. I:1�. ■ Complete home 1, 2, And 3, ■ Print your name and address on the reverse X so that we can return the card to you. 0. ReuroNed by Ipdnled NemN ■ Attach this card to the back of the meilplece, . , _ ' or on the front If space permits. L. 1'1 1. Article Addressed to: _-- D. N delmy address different mm X i? oP P.111 ! Pf (3Z CiralL,_Dy. IIiIIIIII IIII IIIIIII II II IIII I IIIII II IIIIIII III 9590 9402 5834 0038 8940 00 020 06411 01100 2723 5381 _ PS Form 3811. J* 2015 PSt1753aD2a0o-0as3 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front If space permlts. 1. Article Addressed to: �3leC1'C1e• Nam�slPad a$Ljg3 ❑ Agent L ❑ No 3. Service type C Pdodly MO Faprees® ❑Aduabgnature I]RegweedMW- ❑AdultSgnaWn.ResW eci DeRv,, ❑Raapp'Mt Mail IIeaWclad BCereeed MWe Demnry * cenlaod Melt HaArMId Delver, C Relum Recalpl for ❑ WWI on DelWey Mecnendise ❑ Cdlecl on Dely ry Realdcted Del" 0 m9"ure Conrnneron'e 0lnsurod Mal ❑ sgmturo Confk"Von 0 bound Mal A.Wded Delivery R.td.ted Delivery Domestic Return Receipt D. Is delMery address different horn Item 17 u ye If YES, enter dellvery address below: ❑ No 3. Service Type 0 Pdway MW Eyre® In IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII $ce RWWdeA Denney 0O rry MaO Reek ed 9590 9402 5834 0038 8939 97 C CenA d Mai Red&W Delivery 0 Return Rece'pt for ❑WWI on Delivery Mentandoe 2. Arcle Number (VanI;fer from serAce labe0 0 WWI on calvary Restdcled DalNey 11,rRne,!Me C agnatu,e Conlrmalicn- G sgmluie Conhmulbn 1020 0640 0000 2723 5398 3 mend Mal Penrloled Dei y Reabided Dehery rover e50q PS Form 3811, July 2015 PSN 7SM-02-ODO-9053 Domestic Return Receipt i RECEIVED JUN 2 3 2022 DCM-MHD CITY RECFIVED 1UN 14 M DCM WILMINGTON. NC 134 Circle Drive CAMA Malor Supplement Doc SEG; Appendix B 134 Circle Drive Vicinity Map Page 7 of 14 JUN 2 3 2022 DCU w1LNIINGrc>d. NC. DCM-MHD CITY 134 Circle Drive CAMA Major Supplement Doc SF Cji Appendix C DWR Water Classifieation Map ' 11! Surface Water Classifications: . 18-81.14 Mill Creek(Betts Creek) W'1 i- From source to Intracoastal Waterway 1 SA:HQW August 8 1981 M r i White Oak ,Itt,t suv.• tQ ... rR v RECEIVED JUN 2 3 2022 RECEIVED JUN 14 2022 DCM-MHD CITYDCM WILMINGTON. NC Page 8 of 14 134 Circle Drive CAMA Maior Supplement Doc SECli Appendix D DMF Primary Nursery Area Map I 'fit wM+++I'r!r. MM ('rrlYM1r. In'o-+KM1 9/Ibm, f �I r.�n' .+►+f trM :IP .N: F ONI+M. InK tvr+tOktlM hm '.. stw >Trry rPXVI+!.11.M1„r.'m rM1a.+C++prt'wal ': +fir HP1tr +111.MII,rtr1.e P•IR+<. w1Y 'NNr <.M1Y . n . W r.r w nr.e:.ly. w wPJM+ r • ^r rY.4v1 .Pvr r{alP s� uM -+.n�.rrta .M1,1 r•Sl+..r .�,w-str P-nn.e ln. -f. �, ..,.. Y��.n. arn,.b•.. r k; c f/l It,lll (,.l is I ( ' I 1 I , WOM uwr fill IINI I,w'. t ` `4 I/ • 0'JI IIh1 ,�M1 {.- , t.n,... "Illu. r.rw...a...�. �1.. .............. Fahefy ry Wiese hnse h.wr. ,Mml4rr.Nr I.w [�I`w. ir. •w. In IYn. fl" j l Z:3 ,p+ 1 ,YID AW V.I. 7'� i+rYe4r N I...y. �� Plv . YN IY. w+..'MY 0 Page 9 of 14 134 Circle Drive CAMA Major Supplement Doc 5 F L Appendix E HSS Shellfish Closure Map RFcielvEQ JUN 2 3 ?022 DcM MHG cl rY RECEIVED ,JUN 14 202e' Page 10of14 DCMWILP/IINGTO% t; 134 Circle Drive CAMA Major Supplement Doc 9F c3i Appendix F 134 Circle Drive CAMA Major Site Plan RECEIVED JUN 2 3 2022 DCM-mHD CITY 'W(*E"IV;=C? JUN 14 2022 0C",d VVII_PANIca(r1. MC: Page 11 of 14 134 Circle Drive CAMA Maior Supplement Doc `)F C,i Appendix H "GUIDELINES FORAVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" RECEIVED JUN 2 3 2022 DCM-MHD CITY WN I If a Page 13 of 14 United States Department of the Interior a 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.0 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 measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction U 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`-J o informed that they are responsible for observing water -related activities for the presence-- , of manatees. lu U g IIj J 2. The project manager and/or the contractor will advise all construction -personnel thaf r U JUN 2 3 2022 DCM-MHD CITY there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its 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 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office 1J Post Office Box 33726 tl-tt.i:I. i.f, Raleigh, North Carolina 27636-3726 919/856.4520 JUN 14 RECEIVED JUN 2 3 %022 DCM-MHD CITy 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. 0 RECEIVED JUN 2 3 2022 DCM-MHD CITY 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. �il'(:FIVI.iI:i JUN 14 1022 BK 4661 PG 476 - 478 (3) DOC# 20034574 This Document eRecorded: 03/20/2018 02:03:- Fee: $26.00 DocType: DEED Tax: $1,Of Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds Excise Tax $1080.00 Parcel No.: 3291-09-7447-0000 Delinquent taxes, If any, to be paid by Closing Attorney to the Pender County Tax Collector upon disbursement of closing proceeds. This instrument was prepared by: Bailey & Busby, PLLC - HAMPSTEAD OFFICE "Return to: Ray Blackburn Brief description for Index: Lot 2, Section 6, Washington Acres The attorney preparing this instrument has made no record search or title examination to the property herein described, unless the same is shown by his written and signed certificate., further no tax advice of any nature has been rendered to the parties to this instrument. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this the &day of March, 2018, by and between: "GRANTOR" Matthew G. Heath, unmarried 1377 Dresden Drive #5261 Brookhaven, GA 30319 Travis R Holder and wife, Mandy H Holder 156 Hammock Watch Way Hampstead, NC 28443 All or a portion of the property herein conveyed Includes or _does not include the primary residence of a Grantor. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. submitted electronically by "Ray C. olackburn, Jr. Attorney at Law" in compliance with North Carolina statutes governing recordable documents , and the terms of the submitter agreement with the render county Register of DeeAsl.I:\1I...I.) RECEIVED IUN I. 102'1 JUN 2 3 202C0C 1.1, �,� 1 .;I: u. ro.. Mr, DCM-MHD CITY BK 4661 PG 477 DOC# 20034574 WITNESSETH The Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the County of Pender, State of North Carolina, and more Particularly described as follows: BEING all of Lot 2, Section 6, Washington Acres Subdivision, according to a map thereof duly recorded in Map Book 8 at Page 92 of the Pender County Registry, reference to which is hereby made for a more particular description, being also the property conveyed to Matthew G. Heath by deed recorded in Book 3876, Page 256 of the Pender County Registry. TO 14AVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: (1) Ad valorem taxes for 2018 and subsequent years; (2) General utility service easements and rights of way of record; (3) Matters shown on maps recorded in the local County Registry; (4) Applicable local, county, state or federal government laws or regulations relative to environment, zoning, subdivision, occupancy, use or construction of the subject property; RECEIVED 2f (.•l=il!GC JUN 2 3 2022 11h)! I .3 2022 DCM-MHD CITY)c`t NC' BK 4661 PG 478 DOC# 20034574 IN WITNESS WHEREOF, the Grantor has hereunto set his hand the day and year first above written. a thew G. Heath State of A4 I NOTARY SEAL: County of lf'i I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Matthew G. Heath hand and Official Seal on this Date shown. Date: ALYSSA WYNN Notary Public. North Ceroline umOnslow County My Co e o plies Commission RECEIVED JUN 2 3 2022 1UN 14 102Z DCM-MHD CITK)Cta1 wll..,?.I,,�,—. -,;: .,,. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 22, 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(aNCDEN R.gov SUBJECT: CAMA Applicant: Travis Holder Project Location: 134 Circle Drive, adj. to Mill Creek (Topsail Sound) in Hampstead, Pender County Proposed Project: The applicant proposes to install a new 10' x 10' boatlift to an existing docking facility, creating a total of three (3) formalized boat 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 15, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE 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. DATE RECEIVED JUN 2 3 2022 DCM-MHO CITY D_EQJ� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 NC Division of Coastal Management Major Permit Application Computer Sheet Authorization: SITE DESCRIPTIONIPERMIT INFORMATION AEC. M1wGVft�- Fee: $ ?i ID # ( v % CDAITS MHC cc ORW: Yes o I PNA: Yes No Photos Taken: Yes No Setback Required (riparian): Yes o Critical Habitat: ❑Yes No ❑Not Sure 15 fool waiver obtained: ❑Yes LJNo Hazard Notification Returned ❑Yes )NNo SAV: ❑Yes RNo' Not Sure Shell Bottom: ❑Yes ONO ❑ Not Temporary Impacts: ❑Yes No Sure Sandbags. ❑Yes o 0 Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: ❑Yes ONO ❑Yes j9No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes,15No ❑NA ❑Yes ONO ❑NA I D' FT. Shellfish Area Designation: ProjeDe Description: (code) Development Area: (code) Open -orffo:s� F D • e:> ( A C.--. SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional 0 (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina 0 (SY) Salt reed grass (Spartina alterni0ora) cynosuroides) ❑ (DS) Salt or spike grass (Dislichlis 0 (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (rypha sp.) spicata) sp.) (JR) Black needlerush (Juncus 0 (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION 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 j El Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major 0 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ 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 orcommercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 0 III(C) Priv. public or oomm w /D&F to 1 RECEIVED acre; 4144 can be applied; DCM needs DWQ agreement - $400 JUIV Z 3 LULL DCM-UHn CITY Applicant: I f A V/I 46)�_ Dale: l - 22• 7,2/ 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 Chhooese Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 R New Wo Replace L 1' Maint ❑ ❑ Y ❑ N �� Q New Work IT Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N Nsw Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN 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. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name 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 of and/or temp restoration or temp impact _ temp impacts) impact amount) tamp im ads amount W Dredge ❑ Fill ❑ Both ❑ Other 00 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other El Dredge ElFill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733.2293 :: 1-a88-4RCOAST u wnvw.nccoastalmanaaement.net ED JUN 2 3 2022 DCM-MHD CITY revised: 02.12611 a Date Date Check From Name of Vendor Check Check Permit Rd. # Received Deposited Permit Holder Number amount Number/Comments 6/21/2022 Dana Lutheran Holder PNC Bank 603 $250.00 major fee, 134 Circle Dr, JD rct. Hampstead PNCo NO Split 17992 O w c b w ;D n�. m = m ,i � v Major Permit Fee Schedule Project Name: I (A %/f '> l 4v Idec County: TM #10r �O Check No & Amount: �,/� 60 DCM % DWQ % Development Type Fee (14300160143510009316266253) (2430016024351000952341) I. Private, noncommercial developmen that does not involve the filling $250 100% ($260) 0% ($0) excavation of any wetlands 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, noncommercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(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 $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling andlor excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED JUN 2 3 2022 DCM-RR14rC e;9TY Travis Holder CAMA Major Site Plan 134 Circle Drive, Hampstead Prepared bySEGi 5/5/2022 Sheet 1 of 1 1" = 30' Property Information Owner: Travis Holder Parcel ID: 3291-09-7447-0000 Deed Book & Page: 4661/0476 Length of Shoreline: 80 LF Existing Structure: 61' x 6' Fixed Dock 13' x 13' Uncovered Fixed Platform 24' x 8' Floating Platform Boat Lift (10' x 1(Yon center) Total Platform Area - 361 SF Proposed: Boat Lift (10' x 10' on center) Total Platform Area - 361 SF RECEIVED 136 Circle Drive Martinez, Rolando 3291-09-7504-0000 134 Circle Drive Holder, Travis 3291-09-7447-00 1 - 1 1 1 4 1 1 -400 114 Width of Mterhody Line 100 \ Exlstpp iroognBoat LiNllg•xttl) S' 5 Comppooneut4 4 ,Exhting Floating Platform t2'r 81 Component ` Proposed Boat Lift(lox.lo•) ` Approximate Edge of Channel 1 Legend — • Coastal Wetland Line 132 Circle Drive \ Wedemeyer, Charles C. , ........... Normal High Water Line 3291-09-7387-0000 ........... Normal Low Water Line I 61' I I I ice" -I �dge of Cha nnel HWLW 1/4 Width of Waredw\dy V s• LW NOT TO SCALE _ " — - _ - _ Approx. Edge of Channel Line Property Line Adjacent Property Line 2EC, FIVEiD JUN 2 3 2022 DCM-MHD CITY ;To:: RECEIVED JUN 2 3 2027 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 November 28, 2022 Regulatory Division Action ID No. SAW-2021-02566 General Permit No. 197800056 Mr. Travis Holder 156 Hammock Watch Way Hampstead, North Carolina 28443 travisrayholder@yahoo.com Dear Mr. Holder: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to expand an existing docking facility by adding a 10’X10’ boat lift within waters of Mill Creek, at 134 Circle Drive, in Hampstead, Pender County, North Carolina. Coordinates are: 34.34604 N, -77.7705561 W. On January 1, 2022, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the submitted plans received on 22 June 2022, which are a part of this permit. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. -2- Thank you for your cooperation. If you have questions, please contact Liz Hair, of the Wilmington Regulatory Field Office, email: sarah.e.hair@usace.army.mil. Sincerely, Liz Hair Project Manager Wilmington Regulatory Field Office Enclosure: GP 56 conditions Plans dated 5/5/2022 CAMA Permit No. 102-22 dated 10/3/2022 Electronic Copy Furnished: SEGI-Dana Lutheran NC DCM- Cameron Luck/Amanda Cannon DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington A venue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx General Permit No. 197800056 Name of Permittee: General Public Effective Date: January 1, 2022 Expiration Date: December 31, 2026 DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT (RGP) A RGP to perform work in or affecting navigable waters of the U.S. and waters of the U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington A venue Wilmington, North Carolina 28403-1343 TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS, DOLPHINS, JETTIES, GROINS, AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE U.S. IN THE STATE OF NORTH CAROLINA. Projects must be constructed in conformance with the following standards in order to be authorized by this RGP. 1. All piers, docks, boathouses, and boat shelters will be pile-supported or floating structures. 2. Pilings, dolphins, jetties, and breakwater structures may be constructed of wood, metal, or pre-cast concrete. Groins may be constructed of wood, pre-cast concrete, or rock riprap. 3. Breakwater structures will be designed to provide for adequate water circulation landward of the structures. This RGP does not authorize dredging or excavation, or the discharge of dredged, excavated, or fill material within waters of the U.S., except for the placement of structures for jetty, breakwater, or groin construction. This RGP does not authorize any work on Atlantic Ocean beaches. The following definitions will be used for purposes of this RGP: a. Mean high water mark (MHWM): The line on the shore, in tidal water, reached by the plane of the mean (average) high water. The precise determination of the actual location of the line can be established by survey with the reference to the available tidal datum, preferably averaged over a period of 18.6 years. A less precise method, such as observation of the apparent shoreline, which is determined by reference to physical markings, lines of vegetation, may be used for the purpose of this permit. b. Ordinary High Water Mark (OHWM): The line on the shore, in non-tidal waters, established by the fluctuations of water indicated by physical characteristics such as clear, natural line impressed on the bank; shelving changes in the soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas. Special Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must submit the information described in General Condition "y" and obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Floating structures installed within the Federally Authorized Channel Setback must be designed to be removable. No utilities or infrastructure shall be permanently fixed/attached to floating structures located within the Federally Authorized Channel Setback. The Permittee must submit the information described in General Condition "y" and obtain approval from the Wilmington District Corps of Engineers (Corps) prior to the construction of any structures within the Federally Authorized Channel Setback. c. This RGP does not authorize construction across or into any natural or manmade channel or waterbody in any manner that may adversely affect navigation by the general public. d. Piers, docks, boathouses, boat shelters and piles authorized by this RGP may be extended or be located up to 400 feet waterward of the Mean High Water Mark (MHWM) elevation contour (tidal areas), or the Ordinary High Water Mark (OHWM) elevation contour (non-tidal areas), or one-third (1/3) the width of a waterbody, whichever is closer to the shoreline, except as otherwise governed by the presence of a Federally maintained channel. e. The width of any pier will not exceed six ( 6) feet, unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. f. The total square footage of shaded impact for docks and mooring facilities ( excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. The maximum size of any individual component of the docking facility (excluding the pier) authorized by this RGP shall not exceed 400 square feet unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square feet. Boatlifts will be open and will not exceed 400 square feet. h. Boathouses, boatlifts, boat shelters and will not be constructed over Federally jurisdictional wetlands. i. Docks and piers extending over wetlands will be elevated sufficiently (minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. j. Groins, jetties, or breakwater structures shall not be constructed in wetlands, seagrasses, and other submerged aquatic vegetation. k. Piers and docking facilities located over submerged aquatic vegetation may be constructed without prior consultation from the National Marine Fisheries Service if the following two conditions are met: 1) Water depth at the docking facility location is equal to or greater than two feet at mean low water level: and 2) The pier and docking facility are located to minimize the area of submerged aquatic vegetation under the structure. 1. Floating piers and docking facilities located over submerged aquatic vegetation shall be allowed if the water depth between the bottom of the proposed structure and the substrate is at least 18 inches at mean low water level. m. Jetties will not extend farther than 100 feet waterward of the MHWM (tidal areas), or the OHWM elevation contours. n. This RGP does not authorize the installation of fueling facilities on authorized structures. o. Riprap groins shall not exceed a base width of 10 feet. p. Riprap groins must be constructed of clean rock or masonry material and be of sufficient size to prevent displacement by wave or current action. q. No groin shall extend more than 25 feet waterward of the mean high water or normal water level elevation contour. r. Groins and jetties shall not be located within primary nursery areas. s. No jetty shall be constructed during the period between April 1 and September 30 unless the activity is approved by NCDMF and the NMFS. t. Floating structures will be supported by material that will not become waterlogged or sink when punctured, will be installed to provide for fluctuations in water elevation, will be designed so that the structure will not rest on the bottom of the water body at any time, and will be secured in such manner as to not break away. u. Breakwater structures will be no longer than 500 feet. They will have a minimum of one-inch openings between standard width (6 to 12-inch) sheathing boards and at least one, five-foot wide opening for each 100 linear feet of structure. v. Breakwater structures may not be constructed so as to prohibit access to estuarine waters or public trust areas. w. It is possible that the authorized structure may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the Permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The Permittee will not hold the US liable for any such damage. x. This RGP does not authorize habitable structures or any structure or associated facility for non-water related use. y. Structures and their attendant utilities, authorized by this RGP, located on lands subject to an easement in favor of the US for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the Permittee, in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the US, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. z. This RGP does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5). aa. Should all or part of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management before the onset of the proposed activity. Should a Federal activity within any of North Carolina's twenty coastal counties or which could affect a coastal use or resource in any of North Carolina's twenty coastal counties be proposed by a Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina Division of Coastal Management before the onset of the proposed activity. General Conditions. a. Except as authorized by this RGP or any Corps approved modification to this RGP, no excavation, fill or mechanized land-clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. b. Authorization under this RGP does not obviate the need to obtain other federal, state, or local authorizations. c. All work authorized by this RGP must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the North Carolina Division of Water Resources. d. The Permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). e. The activities authorized by this RGP must not interfere with the public's right to free navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. f. The Permittee understands and agrees that, if future operations by the US require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the US. No claim shall be made against the US on account of any such removal or alteration. g. The Permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the US and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the US to its former conditions. h. This RGP does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. The Permittee must submit the information described in General Condition "y" and obtain approval from the Wilmington District Engineer prior to the initiation of any activity that has the potential to modify or conflict with a federally authorized project. i. The Permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SA WWeb-NAV@usace.army.mil. j. The Permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. k. This RGP does not grant any property rights or exclusive privileges. 1. This RGP does not authorize any injury to the property or rights of others. m. This RGP does not authorize the interference with any existing or proposed federal project. n. In issuing this RGP, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the US in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this RGP. (4) Design or construction deficiencies associated with the permitted work (5) Damage claims associated with any future modification, suspension, or revocation of this RGP. o. Authorization provided by this RGP may be modified, suspended, or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this RGP shall be five (5) years unless subject to modification, suspension, or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the US Government. p. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) q. This RGP does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the Permittee provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. r. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees must submit the information described in General Condition "y" to the Corps if any properties subject to the above criteria may be affected by the proposed project. The Permittee may not begin work until notified by the Corps that the requirements of the NHP A have been satisfied and that the activity is authorized. s. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. t. No activity is authorized under this RGP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any RGP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed*. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/ or http://www.noaa.gov/fisheries.html. Permittees must submit the information described in General Condition "y" to the Corps if any listed species or designated critical habitat may be affected by the proposed project. Permittees may not begin work until notified by the Wilmington District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. *Note -Section 7 consultation has been completed for the West Indian Manatee and if the activity may affect the manatee, the Permittee does not have to submit the information in General Condition "y" to the District Engineer as long the Permittee complies with General Condition "u". Section 7 consultation has been completed for the Northern long-eared bat and the Permittee must submit the information described in General Condition "y" to the District Engineer prior to commencing the activity if the project meets the criteria in General Condition "v". u. In order to further protect the endangered West Indian Manatee (Trichechus manatus), the Permittee must implement the USFWS' Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf. v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted with the US Fish and Wildlife Service (Service) in regard to the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered Species (SLOPES) have been approved by the Corps and the Service. This condition concerns effects to the NLEB only and does not address effects to other federally listed species and/or to federally-designated critical habitat. A. Procedures when the Corps is the lead federal* agency for a project: The Permittee must comply with (1) and (2) below when: • The project is located in the western 41 counties of North Carolina, to include non-federal aid North Carolina Department of Transportation (NCDOT) projects, OR; • The project is located in the 59 eastern counties of North Carolina and is a non-NCDOT project. *Generally, if a project is located on private property or on non-federal land, and the project is not being funded by a federal entity, the Corps will be the lead federal agency due to the requirement to obtain Department of the Army authorization to impact waters of the U.S. If the project is located on federal land, contact the Corps to determine the lead federal agency. (1) A Permittee using a RGP must check to see if their project is located in the range of the NLEB by using the following website: http ://www.fws.gov/midwest/ endangered/mammals/nleb/pdf/WNSZone.pdf. If the project is within the range of the NLEB, or if the project includes percussive activities (e.g., blasting, pile driving, etc.), the Permittee is then required to check the appropriate website in the paragraph below to discover if their project: • Is located in a 12-digit Hydrologic Unit Code area ("red HUC" -shown as red areas on the map), AND/OR; • Involves percussive activities within 0.25 mile of a red HUC. Red HUC maps -for the western 41 counties in NC (covered by the Asheville Ecological Services Field Office), check the project location against the electronic maps found at: http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. For the eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the project location against the electronic maps found at: https://www.fws.gov/raleigh/NLEB RFO.html. (2) A Permittee must submit a pre-construction notification (PCN) to the district engineer, and receive written authorization from the district engineer, prior to commencing the activity, if the activity will involve either of the following: • Tree clearing/removal, construction/installation of wind turbines in a red HUC, AND/OR; • Bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, ( applies anywhere in the range of the NLEB), AND/OR: • Percussive activities in a red HUC, or within 0.25 mile of a red HUC. The Permittee may proceed with the activity without submitting a PCN to either the Corps or the USFWS, provided the activity complies with all applicable RGP terms and general and special conditions, and if the Permittee's review under A.(l) and A.(2) above shows that the project is: • Located outside of a red HUC (and there are no percussive activities), and the activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR; • Located outside of a red HUC and there are percussive activities, but the percussive activities will not occur within 0.25-mile of a red HUC boundary, and the activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR; • Located in a red HUC, but the activity will NOT include tree clearing/removal; construction/installation of wind turbines; bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, and/or; any percussive activities. B. Procedures when the Corps is not the lead federal agency: For projects where another federal agency is the lead federal agency -if that other federal agency has completed project-specific ESA Section 7(a)(2) consultation for the NLEB, and has (1) determined that the project would not cause prohibited incidental take of the NLEB, and (2) completed coordination/consultation that is required by the Service (per the directions on the respective Service office's website), that project may proceed without notification to either the Corps or the Service, provided all RGP general and special conditions are met. The NLEB SLOPES can be viewed on the Corps website at the following World Wide Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/ESA/. Permittees who do not have internet access may contact the Corps at (910) 251-4633. w. The Wilmington District, USFWS, NCDOT, and the FHW A have conducted programmatic Section 7(a)(2) consultation for a number of federally listed species and habitat, and programmatic consultation concerning other federally listed species and/or habitat may occur in the future. The result of completed programmatic consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" of whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP is conditional upon the permittee's compliance with all the mandatory terms and conditions associated with incidental take of the applicable PBO (or PBOs), which are incorporated by reference in this RGP. Failure to comply with the terms and conditions associated with incidental take of an applicable PBO, where a take of the federally listed species occurs, would constitute an unauthorized take by the permittee, and would also constitute permittee non-compliance with the authorization under this RGP. If the terms and conditions of a specific PBO (or PBOs) apply to a project, the Corps will include this/these requirements in any RGP verification that may be issued for a project. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO, and with the ESA. All PBOs can be found on our website at: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/ESA/ x. If the Permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the Permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. y. For activities that require approval from the Corps prior to initiating any work, the Permittee must submit the following information to the appropriate Corps Regulatory Field Office. You may apply online at https://edocs.deg.nc.gov/Forms/Pre- Construction Notification Form. 1. Name, address, email and/or telephone number of the prospective Permittee. 2. Location of the proposed project, including waterbody, nearest community, and county. 3. A detailed description of the proposed project, including applicable project details such as width, height, length of structures or fills, piling span, distance from the shoreline, type of materials, location of structure(s), and the amount of proposed impact to waters and/or wetlands. The description must be sufficiently detailed to allow the Wilmington District Engineer to determine that the adverse effect of the project will be minimal and to determine the need for compensatory mitigation. Project drawings must be provided when necessary to show that the activity complies with the terms of the RGP. (Drawings usually clarify the project and when provided results in a quicker decision. Drawings must contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans). z. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This RGP does not authorize any activity prohibited by the National Flood Insurance Program. aa. The Permittee must install and maintain, at his/her expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the Permittee should contact Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil. bb. The Permittee must maintain any structure or work authorized by this permit in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this permit will automatically transfer this permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The Permittee must inform any subsequent owner of all activities undertaken under the authority of this permit and provide the subsequent owner with a copy of the terms and conditions of this permit. cc. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this RGP will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. dd. Except as authorized by this RGP or any Corps approved modification to this RGP, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. ee. Except as authorized by this RGP or any Corps approved modification to this RGP, all excavated material will be disposed of in approved upland disposal areas. ff. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this RGP will remain authorized provided the activity is completed within twelve months of the date of the RGP's expiration, modification, or revocation. Activities completed under the authorization of this RGP that were in effect at the time the activity was completed continue to be authorized by the RGP. BY AUTHORITY OF THE SECRETARY OF THE ARMY: r_,---/ ·~ ~ ~~z,/ __ _ I .,,/ / ,· ---/~amirr 1. Be .·· ett -- co1one1, U.S. Army District Commander Permit Class Permit Number NEW 102-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Travis Holder, 156 Hammock Watch Way, Hampstead, NC 28443 Authorizing development in Pender County at adj. to AIWW, at 134 Circle Drive, in Hampstead , as requested in the permittee’s application dated 6/6/22 (MP- 1) and “rev. 6/20/22” (MP-4), including work plan drawing (1) Sheets 1 of 1, dated 5/5/22. This permit, issued on October 3, 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 of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 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 3, 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 DE Q and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Docking Facility Expansion 1) This permit authorizes only the boatlift, 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 authorizes 1 additional formalized boat slip for a maximum of 3 formalized boat slips at this docking facility. 3) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner’s area of riparian access. (See attached sheets for Additional Conditions) Travis Holder Permit No. 102-22 Page 2 of 2 ADDITIONAL CONDITIONS 4) 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. 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. Sedimentation and Erosion Control 7) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 8) 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 9) 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. 10) 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. 11) 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. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-202201423). 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. 20220853. 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 mean high-water level. NOTE: An application processing fee of $250 was received by DCM for this project.