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HomeMy WebLinkAbout116-22 Port Cape Fear Associates LLCPermit Number Permit Class NEW STATE OF NORTH CAROLINA 116-22 Department of Environmental Quality and Coastal Resources Commission i3ermit .for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Port Cape Fear Associates LLC 3410 River Road Wilmington, NC 28412 Authorizing development in New Hanover County at ad'. to AIWW at 3410 River Road in Wilmington as requested in the permittee's application dtd 5/18/22 (MP-1, MP 2 MP 3) incl wk pin dwgs (11) Sheets 1 3-10 of 11 dtd 6/14/22 and Sheets 2 1 l of 11 dtd 4/14/22. This permit, issued on October 21, 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 if these terms may be subject to tines, imprisonment or civu acuUu; v1 May L.aual. ul t .1... —• Excavation — Boat Basin and Access Channel 1) Excavation within the Boat Basin shall not exceed -5 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 2) Excavation within the Access Channel and Forklift shall not exceed -7 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between February 1 and June 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on October 21, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. mgnea Dy 111e 6UMUL1Ly vi um v.....� ..••• 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 Port Cape Fear Associates, LLC Permit No. 116-22 Page 2 of 4 ADDITIONAL CONDITIONS 4) No excavation shall take place outside of the area indicated on the workplan drawings. 5) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). 7) No excavation shall take place within 10 feet of any Coastal Wetlands. 8) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 9) Because the dredge material is being removed from an area that is closed to the taking of shellfish, discharges from the dewatering of dredge materials near any swimming areas between April 1 and October 31, or any area that is open to shell fishing, may require a swimming advisory to be posted ona shellfish closure to occur. The permittee shall contact the Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section-(252) 726-7021 prior to dredging any activity for this determination. Dredge Material Disposal 10) No dredge material shall be placed within 30 feet of the mean high-water line. 11) All excavated materials shall be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 12) The diked disposal area shall be constructed a sufficient distance from the mean high-water level or any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material deposition into surrounding wetlands or waters. 13) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All remaining backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 14) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the mean high-water level to prevent gully erosion and unnecessary siltation. 15) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 16) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. Port Cape Fear Associates, LLC ADDITIONAL CONDITIONS Permit No. 116-22 Page 3 of 4 17) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 18) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. Maintenance Clause 19) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 21) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 22) 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. 23) 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. 24) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Port Cape Fear Associates, LLC ADDITIONAL CONDITIONS Permit No. 116-22 Page 4 of 4 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5112 and assigned the project DWR Project No. 20050239v3. 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 $475 was received by DCM for this.project. DCM Coordinator: L.AIL � Permit #:� � MAILING DISTRIBUTION SHEET Permittee: ^Toni 6. ec Gnc Ayoc ip r I_(i _ �yt 1)t7 (Z )� �w� NC ZXLI1 Z- Agents:'?Ijoa L DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) 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) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Wilmington: Wildlife Resources: Natural Heritage Program LPO: 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 Chris Pullinger - 401 TBD - 401 Clif Whitfield (WARD) Jimmy Harrison Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Holley Snider - 401 (Pender, Brunswick, New Hanover) John Perry - 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson 3 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMn TAL AND PROCESSING RECORD APPLICANT: Port Cape Fear Associates, LLC COUNTY: New Hanover PROJECT NAME: Wilmington Marine Center RECEIVED LOCATION OF PROJECT: 3410 River Road, 4. to the Cape Fear River, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-14-22 1 2 3 n22 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Hall DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 6-26-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 8-28-22 MAIL OUT DATE: 6-22-22 JUN To Be Forwarded: N/A DISTRICT OFFICE: WILMINGT"M-MHD CITY PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $475 (60140)#2468 END OF NOTICE DATE: 7-16-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 7-16-22 AGENCY VRETURNED OBJECTIONS: YES NO NOTES DCM —Field Rep �01J8iDCM — LUP Consistency DeterminationX l o1�J�5 Local Permit Officer 6 Z Corps of Engineers - Regulatory Branch DWR-401 Section Z �,}( 5�� Zp0wrAv'3 DWR — Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section DMF — Habitat & Enhancement I TAQ, DNCR — Archives & History DNCR — Natural Heritage Program NCDOT NC Dept of Commerce �I l *_5 Recommendations for State Permit — Port Cape Fear Associates LLC 6/21/2022 The proposed excavation within the existing marina basin appears to be CONSISTENT with 15 NCAC 07H.0208 (b)(1) and (2)- based on previous permit authorization and maintenance events. It is the opinion of this office that the area for the proposed excavation is located in an area that has been historically impacted and in continuous use for docking and navigational purposes. This office has NO OBJECTION to the proposed work provided it is consistent with all other state and federal permitting requirements and an appropriate disposal location is authorized prior to the commencement of any excavation. RECEIVED JUN 2 3 2U" DCM-MHD CITY DCM Coordinator: Cameron Luck (Q�- County: '(�a1 7 Permit 0: 1 'v �' WIRO E-MAIL DISTRIBUTION (SHEET Circle on . BiR Permit for: I' D a (AV " flaVOversize PI� DCM Offices: '^ /� Morehead City: PT (if oversize) via Courier Y 'k' 'cc Cam & Amanda on group email w/ bio.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: der & Carteret Co): PN, CL, Reports, Split Sheet use both mingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports,_ Split Sheet reg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet f- 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: Kim Harding DCM Planner/WiRO: �t(Aike Christenbury _ Cultural Resources: �R��enee Gledhill -Earley Environmental Reviewt Dricdenroov_ Natural Heritage Prog.—Rodney Butler_ DCA-Rural Eco. Dev: "Mark Ziegler NC DOT: David Harris _ Wildlife Resources: Vdarka Dunn w/Reports State Property Office: '-'1" Walton: DEED Whi Moser _ Hilliard, Real Property Agent (Bio Reports only) �anda Shellfish Sanitation: �JerQrny Humphrey (Bio) / aron Gupton, Admin. DEMLR: "Chr' tine Hall - Stormwater Section _ V,6 n Sams - Land Quality Section Public Water Supply: \yteidi Cox _ City of Wilmington: athryn Thurston Enforcement: Field Rep: BnAvl Xd Co. LPO RECEIVED Agent: JUN 2 3 2022 I 22 2� DCM-MHD CITY DISTRIBUTED: l� Updated 2,2&22 CAMA/Shaun majors docsre'Agency List ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON 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 (Courier 11-12-09) cameron.luck(a)N CDENR.00v SUBJECT: CAMA/D & F Applicant: Port Cape Fear Associates, LLC Project Location: 3410 River Road, adj. to the Cape Fear River, Wilmington, Now Hanover County Proposed Project: The applicant proposes to perform maintenance dredging within the existing basin to -5' MLW, and within the existing forklift drop area and access channel to -T MLW. Material will be placed within a newly created diked spoil area. 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 16, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "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 RECEIVED JUL 0 5 2022 DATE 06/29/2022 MP SECTION DCM MHD Crry North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 .c•.�mr tlourn 910.796.7215 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 22-1703 NC — SBA 7/11/2022 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDEN R.gov SUBJECT: CAMAID & F Applicant: Port Cape Fear Associates, LLC Project Location: 3410 River Road, adj, to the Cape Fear River, Wilmington, New Hanover County Proposed Project: The applicant proposes to perform maintenance dredging within the existing basin to -5' MLW, and within the existing forklift drop area and access channel to -7' MLW. Material will be placed within a newly created diked spoil area. 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 16, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "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 Renee Gledhill -Earley AGENCY NC Historic Preservation Office SIGNATURERECEIVED (JUL 2 2 2022 DATE 7/21/2022 MP SECTION DCM MHD CRY North Carolina Department of Environmental Quality I Division of Coastal Management r Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Luck, Cameron A From: Finch, Greg <gregory.finch@davey.com> Sent: Tuesday, October 18, 2022 2:15 PM To: Luck, Cameron A Cc: Hall, Bryan L; dockmaster; EB Pannkuk Subject: Re: [External] Port Cape Fear Associates, LLC - Wilmington Marine Center CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Yes! Sorry, the outlet pipe riser and inlet pipe end will be located at least 50' feet from the toe of the earthen berm. Greg Finch I Section Manager Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1928 1 M: 910.470.4734 LLJ Visit our local office page On Tue, Oct 18, 2022 at 2:12 PM Luck, Cameron A <Cameron. Luck@ ncdenr.gov> wrote: Hey Greg, Thanks for reaching out. Looks like the number is missing but just clarifying you meant to say 50' from toe of earthen berm. Should have something your way this week. I appreciate the patience. -Cameron From: Finch, Greg <Rregory.finch@davev.com> Sent: Tuesday, October 18, 2022 12:33:16 PM To: Luck, Cameron A <Cameron.Luck@ncdenr.gov>; Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Cc: dockmaster <dockmaster(a)wilminetonmarine.com>; EB Pannkuk <eb(cDstatureengineerine.com> Subject: [External] Port Cape Fear Associates, LLC - Wilmington Marine Center CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. ' Bryan, Cameron: As discussed, it is understood that the outlet pipe riser and inlet pipe end will need to be located at least feet from the toe of the earthen berm and that this will be a condition on the permit. I've copied the applicant and the engineer for confirmation. Let me know if you need anything in addition to this. Thank you, Greg Finch I Section Manager Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1928 1 M: 910.470.4734 Visit our local office page I►TM�� � . �� 1111►I I To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Port Cape Fear Associates LLC, Wilmington, New Hanover County Date: September 28, 2022 CONSISTENCY DETERMINATION: This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. The applicant is proposing to perform maintenance dredging within the existing basin to - 5' MLW, and within the existing forklift drop area and access channel to -7 MLW, material will be placed within a newly created diked spoil area. The project is located within the existing Port Cape Fear Marina at 3610 River Road in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ES and PTA. Waters at the project site are classified as SC and are not open to the harvesting of. shellfish. The area is a Primary Nursery Area (no resource). I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, the Wilmington -New Hanover County Joint Land Use Plan allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. Cc: File WY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 22, 2022 NORTH CAROLINA Environmental Quality 6.2z.ocr-zz.03 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(& NC D E N R. aoy SUBJECT: CAMA /D & F Applicant: Port Cape Fear Associates, LLC Project Location: 3410 River Road, ad). to the Cape Fear River, Wilmington, New Hanover County Proposed Project: The applicant proposes to perform maintenance dredging within the existing basin to -5' MLW, and within the existing forklift drop area and access channel to -7' MLW. Material will be placed within a newly created diked spoil area. 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 16, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ."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. SeeailaMqvd. tgoIrtJ This agency objects to the project for reasons described in the attached comments. PRINT NAME Dr n4-T. ` L&nh AGENCY _W,i J RC SIGNATURE DATE It3-7.r7LZ. „ ar WC_PJ to ol�es rt�t- �1��tc F" 01 �r ii�u.s'}t�P �/ r1 Tic e� iVl t' Is �lntr'yv"Cr ar G -Burr- J1Cezricti-flrl North Carolina Department of Environmental Quality 1 Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28105 910.796.7215 ROY COOPER Governor ELIZABEIH S. BISER Secretary BRAXTON DAVIS Director June 22, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDEN R.cov SUBJECT: CAMAID&F Applicant: Port Cape Fear Associates, LLC Project Location: 3410 River Road, adj, to the Cape Fear River, Wilmington, New Hanover County Proposed Project: The applicant proposes to perform maintenance dredging within the existing basin to -5' MLW, and within the existing forklift drop area and access channel to -7' MLW. Material will be placed within a newly created diked spoil area. 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 16, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: %� This agency has no objection to the project as proposed. "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 NC f P f 0 44 04 sw C-c f[� � �b f SIGNATURE 9 DATE 711t /,Z 2 ®��� North Carolina Department of Environmental Quality l Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2W5 �'A' o.u,� /'� 910.796.7215 ROY COOPER Governor ELIMETH S. BISER Secretary BRAXTON 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 (Courier 11-12-09) Cameron. l u c k(a7 N C D E N R. D ov SUBJECT: CAMAID&F Applicant: Port Cape FearAssociates, LLC Project Location: 3410 River Road, adj. to the Cape Fear River, Wilmington, New Hanover County Proposed Project: The applicant proposes to perform maintenance dredging within the existing basin to -5' MLW, and within the existing forklift drop area and access channel to -7' MLW. Material will be placed within a newly created diked spoil area. 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 16, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X 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 *in -water -work moratorium 2/1-6/30 AGENCY NCDMF SIGNATURE /lL�ia6Pil�¢e YYG DATE 07/19/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2a4O5 910.796.7215 DocuSgn Envelope ID: 819FA98F-04GA-4GF1-808F-5800DF8E1991 ROY COOPER Governor ELIZABETH S. BISER secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Envlro mtat Quality August 22, 2022 DW R g20050239v3 New Hanover County Port Cape Fear Associates, LLC Attn: Mike Loch 3410 River Road Wilmington, NC 28412 Subject: Approval of Individual 401 Water Quality Certification Wilmington Marine Center Maintenance Dredging USACE Action ID. No. SAW-2005-00614 Dear Mr. Loch: Attached hereto is a copy of Certification No. WQC005112 issued to Mike Loch and Port Cape Fear Associates, LLC, dated August 21, 2022. This Certification replaces the Certification issued on August 1, 2008. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [35A NCAC 02H .0507(d)(2)). Please understand that the waters around your project area have been identified as a Nursery Area and requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B .0222 which requires that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. D North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. I Wilmington, North Camlin128405 ���, 910.7%.7215 DocuSign Envelope ID: 819FA98F-D4GA-4CFI-BOBF-5800DF8E1991 Port Cape Fear Associates, LLC DWR# 200502390 Individual Certification HWQC005112 Page 2 of 13 Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. . Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200) including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S.143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7303 or holley.snider(@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: - To" i1..triw>♦ _ ... Morella Sanchez -King for North Carolina Department of Environmental Quality I Division of Water Resources ®E Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ^�'^"cxn rvn �u...�cvowu\r 919.707.9000 m+n...i DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DF8E1991 Port Cape Fear Associates, LLC DWR# 20050239v3 Individual Certification #WQC005112 Page 3 of 13 Regional Operations Supervisor Electronic cc: Greg Currey, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename: 200502390_Port Cape Fear Assoc_IWQC_NHCo_Aug.22.docx Noah Carolina Department of Environmental Quality I Division of Water Resources ®E QZ� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 nnm"e ^^ 919.707.9000 mmmmmrmo®.m.i mr DocuSign Envelope ID: 819FA98F-D4CA-4CFI-BOBF-5800DF8E1991 Port Cape Fear Associates, LLC D W R# 20050239v3 Individual Certification #WQ0005112 Page 4 of 13 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005112 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Mike Loch and Port Cape Fear Associates, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on June 22, 2022, and by Public Notice issued by the Division of Coastal Management on June 25, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. 115A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved Plan Location or (units) Permanent (units) Temporary Reference Open Waters Boat basin and 5.45 acres N/A Project narrative and access channel maintenance dredging sheets 1 thru 11 dated April 13, 2022 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 048.0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 819FA98F-D4CA-4CF1-BOSF-5800DFBE1991 Port Cape Fear Associates, LLC D W R# 20050239v3 Individual Certification #WQC005112 Page 5 of 13 2. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTIJ; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 02B .0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796- 7215) Regional Office, as applicable, are notified and provide approval prior to the release. Citation: 15A NCAC 028.0221 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best usesprovided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture, and shellfishing for marketing purposes) and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 4. Canals or boat basins shall not be dredged beyond their original depth and width. The area shall not be dredged to a depth deeper than the receiving water. In this case a boat basin is authorized to a connecting depth of -5 feet Mean Low Water adjacent to the existing docking facility. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 5. All wetlands impacted by the placement of temporary construction equipment, materials and/or clearing activities shall be restored to the preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species including woody species. ��,r North Carolina Department of Environmental Quality I Division of Water Resources 1J 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 rsrm�r'wxx ru^ / 919.707.9000 ummi.nmua...emme� DocuSign Envelope ID: 819FA98F-04CA-4CF1-B08F-5800DF8E1991 Port Cape Fear Associates, LLC DWR# 200502390 Individual Certification #WQC005112 Page 6 of 13 Citation: 15A NCAC 02H .0506(b)(2) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in.identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. S. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the North Carolina Department of Environmental Quality I Division of Water Resources Q2�J 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Nam^ I "NA 919.707.9000 oRenmen �rmreeoemu mam� DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DF8E1991 Port Cape Fear Associates, LLC DWR# 20050239v3 Individual Certification #WQC005112 Page 7 of 13 reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200,• 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU,• if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 0211.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, North Carolina Department of Environmental Quality I Division of Water Resources D ��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ru corn rvw xwMvmo�baxoeem�mrb 919.707.9000 DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DFSE1991 Port Cape Fear Associates, LLC DW RN 200502390 Individual Certification #WQC005112 Page 8 of 13 fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .05O7(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC O2H .05O7(c); 15A NCAC 028.0200; 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DF8E1991 Port Cape Fear Associates, LLC. DWR# 20050239v3 Individual Certification #W60005112 Page 9 of 13 culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5%culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028.0231 North Carolina Department of Environmental Quality I Division of Water Resources ®� ��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 urnrraruxx we 919.707,9000 hp[MOeI of lmrOne¢I OeB� DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DF8E1991 Port Cape Fear Associates, LLC D W R# 20050239v3 Individual Certification #WQC005112 Page 10 of 13 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade; including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality I Division of Water Resources ®� ��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 p^^rram"w9 919,707.9000 egrwrn of w.ee.mni m W� DocuSign Envelope ID: 819FA98F-D4CA-4CF1-608F-5800DFBE1991 Port Cape Fear Associates, LLC DWR# 20050239v3 Individual Certification #WQC005112 Page 11 of 13 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for instate rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .O5O6(b); 15A NCAC 02H .05O7(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .O5O6(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 19. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .O5O7(c); 15A NCAC 02B .0200, 15A NCAC O2B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render North Carolina Department of Environmental Quality I Division of Water Resources 612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 n*mnrw'wa� 919.707.9000 o<e•n�m .rmwe.wim� DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DF8E1991 Port Cape Fear Associates, LLC DW R# 20050239v3 Individual Certification #WQC005112 Page 12 of 13 the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 20. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected, populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 21. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c), N. C. G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 22. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b),,15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for instate rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 23. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall WOW �rl North Carolina Department of Environmental Quality I Division of Water Resources Q512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ncmn cua,w �/ 919.707.9000 RpsMe�lo Nr,��W mrb I DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DF8E1991 Port Cape Fear Associates, LLC DW R# 20050239v3 Individual Certification #WQC005112 Page 13 of 13 provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC O2H .O5O6(b); 15A NCAC O2H .O5O7(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the*project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 20th day of July 2022 DocuBlgnetl by: 1gK 7F141E73BBF345euu. for Morelia Sanchez -King Regional Operations Supervisor MSK/hs North Carolina Department of Environmental Quality I Division of Water Resources D E Q20 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 vmt rnnuwnvma�mrb 1 15 S' v 22t 2022 thW' SMOF N "P, vti AN AV d P. I L 4phsSiStafit 11 %prof - �, 'K 1_ r , f­ 7 7' f, 1si6n*.bf'Coas as °tarty ;I -3 ril 4 n, 42' yr - e.r 67 �'`- ,CAMt{ /dC& F 4��= i# �; ,. .' Ap'011da' J-1k Fear ca 1 14W. —, 4L M., 01 m Q 7 nIve anover 4M,tr did �Sp-, ii r �g 'Atff% , tThit40WAC�'fias n6bbibotl6h ifte pr§jecQ0,itposft, % '6Addi6biaJcQmmen , ayba fn attappea— kW." /.. 'This agency has comment oil Al roP496 protect ftnlyl,thb recommended thepole gT ;Inco catecl. 866 atidchbd'­e,'� 6 t . . , Y ., . .. , 6 11 1. f, " s ple a be pmject,mr reasons. n Isa. 6�0 4g� P1 T Statd:l . . S.6 Aijut ir 'A r� 4 JI' riment omuuq; f mnt A-E. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Port Cape Fear Associates LLC c/o Davey Resource Group 2. LOCATION OF PROJECT SITE: 3410 River Rd., adjacent to the Cape Fear River, in Wilmington, in New Hanover County. Latitude: 34' 1014.46" N Longitude: 77°56'58.03"W 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—11/3/2021, 6/13/2022 Was Applicant Present — Yes (agent) 5. PROCESSING PROCEDURE: Application Received — 5/20/2022 DWR Pre -tile Date—5/12/2022 Complete Date — 6/14/2022 6. SITE DESCRIPTION 8. Office— Wilmington (A) Local Land Use Plan — Wilmington/New Hanover Co. Land Classification From LUP — Upland/Urban Transition; Cape Fear River/Conservation (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing —Municipal Planned — Two new pump stations to connect to municipal utilities (F) Type of Structures: Existing — Full -service marina and repair facility, offices, parking, dry -stacks Planned — Maintenance dredging of previously dredged basin and construction of new diked spoil area (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED • (A) Vegetated Wetlands B Non -Vegetated Wetlands (Open water 237,600 sq. ft. (C) Other(highground) 74,052 sq. ft. (H) Total Area Disturbed:—311,652 sq. ft. (-7.1 acres) (I) Primary Nursery Area: Yes (J) Water Classification: SC Open: No PROJECT SUMMARY: The applicant proposes to perform maintenance dredging within the existing basin to - 5' MLW, and within the existing forklift drop area and access channel to -T MLW, material will be placed within a newly created diked spoil area. RECEIVED JUN 2 3 2J"7 DCM-MHD wtTY Port Cape Fear Associates LLC, Page 2 9. PROJECT DESCRIPTION: The project site is the existing Port Cape Fear Marina/Wilmington Marine Center facility, located adjacent to the Cape Fear River, at 3410 and 3610 River Road, in Wilmington, NC, in New Hanover County. The project site consists of three parcels: R06400-001024-000, R06400-001-001-000, and R07000-002-004-000 for a total of approximately 34 acres. The facility consists of an inland basin, measuring approximately 720' in length by 330' in width, a travel hoist, and a boat rail system, with associated temporary dockage between the boat hoist and rail. The shoreline around this area is stabilized by stone riprap. The basin is connected to the Cape Fear River by an access channel, approximately 2,200'in length by 100'in width. The surrounding high ground currently includes a servicelrepair building, office, parking, and a dedicated, and diked spoils disposal area. The property varies in elevation from 4' to 9' above mean sea level (MSL). CAMA Major Permit No. 128-98 was issued to Port Cape Fear Association dba Wilmington Marine Center on September 30, 1998 authorizing the maintenance excavation of the marina basin, measuring 700' in length by 250' in width (5.74 acres) with a final project depth of -8' at mean low water (MLW), and entrance channel, measuring 2,220' in length by 100' in width with a final project depth of -8' at MLW. The applicant received a major modification to State Permit No. 128-98 on May 19, 2008 to allow for the construction of a full -service, dry -stack marina facility with a harbormaster's office and parking lot, fixed piers, finger piers, floating docks, boatlifts, wet slips, launch well, bulkhead, new dredging and a stormwater detention pond. The applicant received a minor modification to State Permit No. 128-98 on October 26, 2017 for the reconfiguration of "West DockP Dock B". State Permit No. 128-98 authorizes a maximum of 115 boat slips at this location, which includes slips within the basin and the authorized slips located on the Cape Fear River. The authorized slips located on the Cape Fear River were never constructed. Currently, the marina has 98 formalized slips. State Permit No. 128-98 expired April 14, 2019. The application states that the marina basin hosts USACE and O.E. Durant vessels that support port and federal navigation projects, and due to current water depths the vessels are unable to operate at certain points in the tide cycles (See attached letters of support from USACE and O.E. Durant). Upland vegetation on the northern end of the existing marina facility consists of shrub type plants, wild grasses and Section 404 type vegetation such as Marsh Elder (Iva frutescens) and Grounsel-bush (Baccharus halimifolia). This tract exhibits coastal wetlands along the river consisting primarily of Giant Cordgrass (Spartina cynosuroides) and Smooth Cordgrass (Spartina alternii lora). The 27.3-acre tract located adjacent to the south of the existing marina facility remains mostly undeveloped. The application states that a Port Cape Fear Associate member owns this tract. There is an existing building and associated parking area for a crane rental company. Upland area consists of forest vegetation, including: Live Oak, Laurel Oak, Magnolia, Pine, Maple, Cedar and Sweet Gum. Understory vegetation consists of Red Cedar, Wax Myrtle and Baccharus. Waterward of the highground and the interior portion of the property the vegetation transitions into Section 404 type wetlands. The vegetation transitions into high marsh consisting of coastal and Section 404 type wetlands within the interior portion and shoreline of the property are Section 404 Jurisdictional wetlands including: Cattail (Typha sp.), Giant Cordgrass (Spartina cynosuroides), Wax Myrtle (Myrica cerifera 4 Marsh Elder (Iva frutescens), Grounsel-bush (Baccharus halimifolia) and Common Reed (Phragmites australis) and Smooth Cordgmas (Spartina alternii fora). The Cape Fear River is approximately 7,000 feet wide at the project site. Its waters are classified as "SC", by the NC Division of Water Quality. At the project site, the Cape Fear River is a designated Primary Nursery Area (PNA) by the Division of Marine Fisheries and is CLOSED to the taking of shellfish. The high ground portion of the project is classified as "Developed" by the Wilmington -New Hanover Land Use Plan. The CAMA Areas of Environmental Concern and any area located in the 100-year flood plain are classified as "Conservation". 10. PROPOSED PROJECT: The applicant proposes to perform maintenance dredging within the existing basin to -5' MLW, and within the existing forklift drop area and access channel to -7' MLW, material will be placed within a newly created diked spoil area. RECEIVED JUN 2 3 2022 DCM-MHD CITY Port Cape Fear Associates LLC, Page 3 As proposed, the applicant is requesting authorization to hydraulicly maintenance dredge the existing marina basin measuring approximately 330' in length by 720' in width to a depth of-5' MLW creating approximately 14,000 cubic yards of spoil material. Within the basin, the applicant is also proposing to excavate the existing —380' in length by —40' in width forklift drop area and access channel within the basin to a depth of -7' MLW. The proposed maintenance dredging is within the original footprint of State Permit 128-98 that authorized excavation to a depth of-8' MLW. The proposed excavation would create an additional 2,500 cubic yards of spoil material. Existing depths within the marina basin range from approximately +I' to -5' MLW. The applicant proposes to connect to water depths of approximately -7' MLW at the mouth of the basin (See Sheet 4 and 5 of 11). Coastal wetlands are present on the riverfront shoreline of the property, there are no species present within the basin. No other maintenance excavation work is proposed outside of the existing basin at this time. No change in the docking facility is proposed at this time. The original State Permit 128-98 carried a moratorium condition of no excavation or filling between February I and July 31 of any year without prior approval from NC DCM and NC DMF. The applicant is requesting authorization to immediately perform the proposed maintenance dredging once a permit decision is issued due to the critical need of dredging (See Narrative). According to application materials, the applicant proposes to create a diked spoil area southwest of the existing basin on the northeast portion of parcel R06400-001 -001 -000. The spoil area would measure approximately 320' in length by 280' in width to incorporate —1.7 acres of high ground. Approximately 1.2 acres of the spoil area would serve as the retention area for the aforementioned dredge spoil. The HDPE spoil inlet pipe would temporarily be laid across 404 wetlands during the maintenance event, however no equipment would cross the approximate 200 sq. ft. of 404 wetlands, therefore no permanent impacts are expected (See Sheet 10 of 11 for pipe alignment). The application states that due to the proximity of the proposed inlet and outlet spoil disposal pipes, temporary baffles would divert flow of the spoil to the desired locations within the basin. The outlet pipe would discharge into the southeast portion of the basin. A silt curtain would be installed to control sediment and turbidity within the basin. The proposed spoil area is outside of the 75' Estuarine Shoreline AEC and Coastal Wetlands AEC. (See Sheet 10 and 11 of 11) The applicant states an erosion and sedimentation control plan has been submitted to the Division of Land Resources. 11. ANTICIPATED IMPACTS: The proposed maintenance dredging would disturb approximately 16,500 sq. ft. of bottom substrate within the previously authorized footprint that has been historically dredged to a depth of -8' MLW. As proposed, the basin would be excavated to a depth of -5' MLW, the forklift drop area and access channel within the basin would be excavated to a depth of -7' MLW and connect to waters of approximately-7'MLW. The approximate 16,500 sq. ft. of spoil would be piped to the proposed diked spoil area. The proposed diked spoil area would disturb approximately 1.7 acres of high ground. No Coastal or 404 Wetland impacts are expected. Minor increases in turbidity should be expected during excavation; however no long-term adverse impacts are anticipated. Submitted by: Bryan Hall Date: 6/21/2022 Office: Wilmington RECEIVED JUN 2 3 ?01'7 DCM-MHD L.'T'Y Resource Group May 20, 2022 Tara MacPherson NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Request for CAMA Major Permit Wilmington Marine Center, Wilmington, NC (Port Cape Fear Associates) Tara, On behalf of Port Cape Fear Associates, Davey Resource Group, Inc. is submitting a CAMA Major permit application for maintenance dredging of the existing basin at Wilmington Marine Center. The applicant proposes maintenance basin dredging to restore water elevations to permitted depths and allow access of vessels from the forklift drop area and basin to the Cape Fear River channel. The marina hosts vessels from O.E. Durant and the USACE that support critical port and federal navigation projects. Currently, these vessels, along with many private vessels, are restricted to returning or leaving the marina around periods of higher tides. Adjacent riparian landowner notifications have been mailed and certified mail receipts are included. Green confirmation cards will be forwarded as soon as they are received. Please let me know if you have any questions during your review. Due to the need for an urgent maintenance dredging event, we cordially request that the permit application be reviewed under the express permit program and can provide an additional processing fee if required. Sincerely, 1 Andy Dortch Agent, Davey Resource Group, Inc. cc: Port Cape Fear Associates MAY 2 0 2022 Encl. Attachments; CAMA Major Fee Check ($475.00) RECEIVED www.Davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 I 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ��N 2 3 20r 2 DCM-MEND CITY 4. DCM MP-1 Section 6.0 Additional Information 4.1. Section 6. a. Project Narrative 4.1.1 Project Location and Existing Conditions The Wilmington Marine Center is located at 3410 River Road, adjacent to the Cape Fear River in Wilmington, New Hanover County, North Carolina. The site currently operates as a commercial marina, maintenance facility and storage facility. There are existing docking facilities and bulkheads constructed under an extensive permit history dating to 1998. Marina water depths were collected by TI Coastal Services Inc. on July 26 & 27, 2021 and represent conditions at that time. Entrance channel water depths were also collected by TI Coastal Services Inc. on November 11, 2021 and represent conditions at that time. Normal High Water, Coastal and 404 Wetlands Were delineated by Davey Resource Group in December 2019 and were approved by USACE in April 2021. The length of shoreline is approximately 4,826'. Waters in the project area are SC and are not open to commercial shellfishing. The area is a primary nursery area. See Appendix B for past permit details. 4.1.2 Section 6. a. Project Narrative The applicant proposes maintenance basin dredging to restore water elevations to permitted depths and allow access of vessels from the forklift drop area and basin to the deep water channel. The marina hosts vessels from O.E. Durant and the USACE that support critical port and federal navigation projects. Currently, these vessels, along with many private vessels, are restricted to returning or leaving the marina around periods of higher tides. Letters of support that describe the critical need for this maintenance event are included in Appendix B. Maintenance dredging within the majority of the basin is proposed to the previously maintained -5' MLW and will generate approximately 14,000 cubic yards of spoil material. Maintenance dredging of the forklift drop area and access channel within the basin is proposed to -7' MLW and will generate approximately 2,500 cubic yards of spoil material. This event of maintenance dredging will not occur outside of the inland basin. Maintenance will be performed via hydraulic dredge and spoil material will be placed onsite in the northeast portion of parcel R06400-001-001-000. An earthen berm will be constructed of clay and sand with a backhoe, bulldozer, and similar typical earth moving equipment, and will cover approximately 1.7 acres. Approximately 1.2 acres will serve as the retention basin for dredge spoil. Silt fence and other erosion control measures will be used to prevent erosion. A formal erosion control plan designed by an engineer is pending approval. Due to the proximity of the proposed inlet and outlet spoil disposal pipes, temporary baffles will divert flow of the spoil effluent to desired locations. HDPE spoil inlet pipe will be laid across 404 wetlands during the maintenance event, which equipment will not cross to accomplish. No temporary or permanent impacts to wetlands are proposed. LAMA Permit Application for Major Development - May 2022 Wilmington Marine Center Wilmington, New Hanover County, North Carolina MAY 20 11W 12 RECEIVED JUN 2 3 1C'2 DCM-MHU CITY The outlet pipe will discharge to the southeast portion of the existing boat basin where a silt curtain will be utilized to control sediment. Considering the maintenance dredging is only proposed within the inland basin at this time, a silt curtain will be used and the critical need of the dredging, the applicant is requesting authorization to perform the dredging as soon as the permit decision is issued and to not be restricted to dredging moratoriums applied to the Cape Fear River. It is understood that any future channel maintenance dredging would be seasonally restricted. See Appendix A for the work plats. The proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. CAMA Permit Application for Major Development — May 2022 Wilmington Marine Center Wilmington, New Hanover County, North Carolina RECEIVED JUN 2 3 2022 DCM-MHD CITY 20l7 13 1. Form DCM MP 1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Port Cape Fear Associates LLC Wilmington Marine Center - Applicant 1: First Name MI Last Name Mike Loch Applicant 2: First Name MI Last Name NA NA NA If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box city Stale 3410 River Road Wilmington NC ZIP Country Phone No. FAX No. 28412 USA 910-395-5055 NA Street Address (if different from above) City Stale ZIP NA Email dorkmaster.(a)wdmingtonrrarine corn Z Agent/Contractor Information Business Name Davey Resource Group, Inc. Agent/ Contractor 1: First Name MI Last Name William A Dortch Agent/ Contractor 2: First Name MI Last Name Greg Finch Mailing Address PO Box City Stale 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 RE 28403 910-452-0001 ext. NA NA ext. NA FAX No. Contractor 8 JUN NA NA Street Address (if different from above) City State ZIP DCM_ NA Email William don h.8-davev a,m 2 u 192? CAMA Permit Application for Major Development — May 2022 Wilmington Marine Center Wilmington, New Hanover County, North Carolina 2 !EIVED 2 3 M)2 IHD CITY 3. Project Location County (can be multiple) Street Address State Rd. A New Hanover - 3410 River Road NA Subdivision Name City state Zip NA Wilmington NC 28412 Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Cape Fear River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown Cape Fear River e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (R.) b. Size of entire tract (sq.M.) -4,826 fl -34 acres +/- a Size of individual Iot(s) d. Approximate elevation of tract above NHW (normal high water) or R06400-001-024-000(-17ac) NWL (normal water level) R06400-001-001-000(-7ac) ❑NHW or ®NWL -0-25' R07000-002-004-000(-10ac) (If many lot sizes, please attach additional page with a list) e. Vegetation on tract coastal and 404 wetland grasses, typical coastal trees, shrubs and grasses I. Man-made features and uses now on tract Commercial buildings, docking facilities, wooded and undeveloped g. Identify and describe the existing land uses adjacent to the proposed project site. coastal and 404 wetlands, wooded and undeveloped, industrial, wastewater treatment plant h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? CS - Commercial Services (Attach zoning compliance certificate, if applicable) IND- General Industrial ®Yes ❑No []NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ❑No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yas ®No ❑NA J If yes, by whom? NA I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA Register listed or eligible property? LAMA Permit Application for Major Development - May 2022 Wilmington Marine Center Wilmington, New Hanover County, North Carolina MAY 2 U 2022 CEIVED N 2 3 ''�12 •MHD CITY m. (i) Are there wetlands on the site? ®Yes []No (it) Are there coastal wetlands on the site? ®Yes []No (lii) If yes to either (i) or (ii) above, has a delineation been conducted? Was ❑No (Attach documentation, if available) NORMAL HIGH WATER, 404 AND COASTAL WETLANDS DELINEATED BY DRG DECEMBER 2019, APPROVED BY CORPS 4/142020. n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. Current stormwater management plan on file. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliclGovernment ❑PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to restore the basin and access channel to permitted water depths. The use and daily operations will provide commercial dockage and waterway access to marina members. 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. Hydraulic dredging will be used to restore water depths in the Wilmington Marine Center basin and access channel to permitted water depths. Spoil material will be placed onsite. Silt fence, earthen berm, and other control measures will be used to prevent erosion. A formal erosion control plan designed by engineer is pending approval. Typical hydraulic dredging equipment will be used for maintenance dredging. Typical backhoe and bulldozer equipment will be used for earthen berm construction. Equipment will be stored onsite if needed. d. List all development activities you propose. The applicant proposes maintenance basin dredging to restore water elevations to permitted depths and allow access of vessels from the forklift drop area and basin to the deep water channel. The marina hosts vessels from O.E. Durant and the USACE that support critical port and federal navigation projects. Currently, these vessels, along with many private vessels, are restricted to returning or leaving the marina around periods of higher tides. Letters of support that describe the critical need for this maintenance event are included in Appendix B. Maintenance dredging within the majority of the basin is proposed to the previously maintained -5' MLW and will generate approximately 14,000 cubic yards of spoil material. Maintenance dredging of the forklift drop area and access channel within the basin is proposed to -7' MLW and will generate approximately 2,500 cubic yards of spoil material. This event of maintenance dredging will not occur outside of the inland basin. Maintenance will be performed via hydraulic dredge and spoil material will be placed onsite in the northeast portion of parcel R06400-001-001-000. An earthen berm will be constructed of clay and sand with a backhoe, bulldozer, and similar typical earth moving equipment, and will cover approximately 1.7 acres. Approximately 1.2 acres will serve as the retention basin for dredge spoil. Silt fence and other erosion control measures will be used to prevent erosion. A formal erosion control plan designed by an engineer is pending approval. Due to the proximity of the proposed inlet and outlet spoil disposal pipes, temporary baffles will divert Flow of the spoil effluent to desired locations. HDPE spoil inlet pipe will be laid across 404 wetlands during the maintenance event, which equipment will not cross to accomplish. No temporary or permanent impacts to wetlands are proposed. The outlet pipe will discharge to the southeast portion of the existing boat basin where a silt curtain will be utilized to control sediment. Considering the maintenance dredging is only proposed within the inland basin at this time, a silt curtain will be used and the critical need of the dredging, the applicant is requesting authorization to perform the dredging as soon as the permit decision is issued and to not be restricted to dredging moratoriums applied to the Cape Fear River. It is understood that any future channel maintenance dredging would be seasonally restricted. See Appendix A for the work plats. e. Are the proposed activities maintenance of an existing project, new work, or both? maintenance CAMAPermit Application for Major Development — May 2022 RECEIVED Wilmington Marine Center Wilmington, New Hanover County, North Carolina JUN 2 3 2022 DCM-MHD CITY I. What is the approximate total disturbed land area resulting from the proposed project? —4.7 +(- ❑Sq.Ft or ®Acres BASIN —1.7 +/- ❑Sq.Ft or ®Acres SPOIL g. Will the proposed project encroach on any public easement, public accessway or other area Dyes ®No DNA that the public has established use oft h. Describe location and type of existing and proposed discharges to waters of the stale. No new permanent discharges, temporary spoil outlet discharge at southeast corner of basin. t. Will wastewater or slormwater be discharged into a wetland? -No new discharges Dyes ®No DNA It yes, will this discharged water be of the same salinity as the receiving water? Dyes ❑No ®NA j. Is there any mitigation proposed? Dyes ®No DNA If yes, attach a mitigation proposal. 6. Additional Information In addition to this completed application form, (MP -I) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on Crow to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the she. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name GOLD BOND BUILDING PRODUCTS LLC Phone No. NA Address 838 SUNNYVALE DRIVE, WILMINGTON NC or 2001 REXFORD ROAD, CHARLOTTE NC 28211 Name CAPE FEAR PUBLIC UTILITY AUTHORITY Phone No. NA Address 235 GOVERNMENT CENTER DRIVE, WILMINGTON NC 28403 Name Phone No. Address g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. PERMIT HISTORY IS EXTENSIVE - SEE APPENDIX B FOR DETAILS. In. Signed consultant or agent authorization form, if applicable. i. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). 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. McElm) MAY O 10 422 CAMA Permit Application for Major Development — May 2022 Wilmington Marine Center Wilmington, New Hanover County, North Carolina JUN 2 3 2022 5 DCM-MHD CITY 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 certlfy that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the Information provided in this application is truthful to the best of my knowledge. Date: May 18, 2022 Print Name: Andy Dortch . Agent. Davey Resource Group. Inc. L'.ybt .3b`•I Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ❑DCM MP4 Structures Information Inr `t 0 60 CAMA Permit Application for Major Development — May 2022 Wilmington Marine Center Wilmington, New Hanover County, North Carolina JUN 2 3 2022 6 DCM-MHD CITY 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access other (excluding Channel Canal Boat Boat Rock Rock shoreline (NLW or Basin Ramp Groin Breakwater stabilization) N W L) Length —330' Width —720' Avg. Existing —1-4' NA NA Depth Final Project 5-7' NA NA Depth 1. EXCAVATION []This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards.—16.500 cu vd sand c. (i) Does the area to be excavated include coastal wetlandstmarsh (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 (it) Describe the purpose of the excavation in these areas: NA d. High -ground excavation in cubic yards. NA 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Northeast portion of R06400-001-001-000 Irregular —1.2 Acres c. (i) Do you claim title to disposal area? ®Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandslmarsh (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 ❑S8 ❑WL ®None (it) Describe the purpose of disposal in these areas: NA CAMA Permit Application for Major Development —May 2022 Wilmington Marine Center Wilmington, New Hanover County, North Carolina d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (it) If yes, where? Same Location I. (i) Does the disposal include any area in the water? ❑Yes (@No ❑NA III) If yes, how much water area is affected? RECEIVED 0Y 2 0 2077 7 JUN 2 3 Z DCM-MHU CITY 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: []Bulkhead ❑Riprap ❑Breakwater/Sill []Other: _ c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: f. (p Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑N/A (it) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (it Will rill material be placed in coastal wetlandstmarsh (CW. If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other (ii) Amount of material to be placed in the water wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area ❑CW ❑SAV _ ❑SB (iv) Purpose of fill OWL ❑None Forklift and vehicle operations. (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Silt fence, earthen berm, and other control measures with be used Backhoe. Bulldozer. Hydraulic dredge, etc. to prevent erosion. A formal erosion control plan designed by engineer is pending approval. c. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NIA (II) If yes, explain what type and how they will be implemented. CAMA Permit Application for Major Development — May 2022 Wilmington Marine Center Wilmington, New Hanover County, North Carolina d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes ❑No ❑NIA (II) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Inlet spoil disposal HOPE pipe will be laid across 404 wetlands during the maintenance event. There are no permanent or temporary impacts to wetlands Proposed. RECEIVED JUN 2 3 2021 DCM-MHD CITY MAY 2 0 2022 8 Datc Alay 18, 2022 1'rnicct Namc Wilmington Marine Center Appliunt Name Port Cape Fear Associates LLC AppGrnnt S S�ignature A4,4 1La4" Agent, Davey Resource Group, Inc. RECEIVED JUN 23'tOr? DCM-MHD CITY MAY 2 0 15i; LAMA Permit Application for Major Development - May 2022 Wilmington Marine Center Wilmington, New Hanover County, North Carolina 3. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures It. Number of lots or parcels. proposed. 3 Parcels 1 Earthen Berm for Spoil Disposal R06400-001-024-000(-17ac) RD6400-001-001-000(-7ac) R07000-002-004-000(-10ac) c. Density (give the number of residential units and the units per acre). NIA e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes ❑No ❑N/A (it) If yes, list the date submitted: Pending d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. -1.7 acres +l- f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. N/A. Earthen Berm Constructed of Clay and Sand g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Slonnwater Certification. pavement, building, rooftops, or to be used for vehicular dnveways or parking. (i) Hasa site development plan been submitted to the Division of Water Quality for review? No New Impervious. N/A []Yes ❑No RN/A i. Give the percentage of the entire tract to be covered by impervious (it) If yes, list the date submitted: and/or built -upon surfaces, such as pavement, building, rooftops, or Current slormwater certification on file. to be used for vehicular driveways or parking. No New Impervious. N/A j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local Municipal approval? []Yes []No ON/A If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent, 'wash down' and residential discharges). []Yes ❑No ®NIA Southeast Portion of Existing Boat Basin - HOPE Water Discharge If yes, attach appropriate documentation. Pipe from Hydraulic Dredging Spoil Retention Area RECEIVED CAMA Permit Application for Major Development- May 2022 Wilmington Marine Center Wilmington, New Hanover County, North Carolina JUN 2 3 2022 DCM-MHD CITY MAY 2 0 2022 10 m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Municipal o. When was the lolls) platted and recorded? R06400-001-024-000 September 30, 2010 R06400-001-001-000 January 18. 2011 R07000-002-004-000 December 31. 2014 Date Ni q• Ia, 21122 Pmicct Nam, Wilmington Marine Center Apphcanl Nam, Port Cape Fear Associates LLC n. (I) Will water be impounded? ®Yes []No []NA (li) If yes, how many acres? -1.2 acres */- p. If proposed development is a subdivision, will additional utilities be installed for this upland development? []Yes ❑No ®N/A A AApplicant Sipmnmrc ns"I;i r' toga Agent, Davey Resource Group, Inc. RECEIVED JUN 2 3 2022 DCM-MHD CITY CAMA Permit Application for Major Development — May 2022 Wilmington Marine Center Wilmington, New Hanover County, North Carolina 11 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director Port Cape Fear Associates LLC c/o Andy Dortch of Davey Resource Group 3805 Wrightsville Ave. Suite kl5 Wilmington, NC 28403 Dear Dortch, NORTH CAROLINA Environmental Quality June 21, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Port Cape Fear Associates LLC, for State approval for development of the subject property located at 3410 River Rd., adjacent to the Cape Fear River in New Hanover County. It was received as complete on June 14, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is August 28, 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 14, 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, Bryan Hall Field Representative cc: Cameron Luck, DCM Holley Snider, DWR D E RECEIVED JUN 2 3 202? DCM-MHD CITY USACE Katherine Thurston, LPO Kim Harding, DMF North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I wllmington, North Carolina 29405 910.796.7215 iDAVEA. Dortch, Andy <william.dortch@davey.com> Automatic reply: [External] Wilmington Marine Center - 401 Prefiling Request 1 message 401PreFile <401PreFile@ncdenr.gov> Thu, May 12, 2022 at 10:23 AM To: "Dortch, Andy" <william.dortch@davey.com> This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. Background On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect. The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401 Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R. §121.41 In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5). Please refer to the Federal Rule for more information. Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing meeting request documentation does not constitute a "certification request." As a result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401 Certification application will be returned as incomplete. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non -Transportation Central Staff: https://deq.iic.gov/about/divisions/water-resources/water-quality-permitting/401-buffer- perinitting/401-buffer-permitting-contacts For Non -Transportation Regional Staff: https:Hedocs.deq.nc.gov/WaterResources/DocView.aspx? RECEIVED dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: JUN 2 3 ?022 1 tittps://deq.nc.gov/about/divisions/water-resources/water-resources-permits/transportation- DCM-MHD permitting/staff-contacts MAY 20 ?Uti 1988 CAMA Permit - all work completed. CAMA 160.88 Major Permit 160.88 - Maintenance Excavation Access Channel and Basin Excavation Issued: Sept 1, 1988 Expiration: Dec 31, 1991 USACE GP291- Action ID - Details unknown WQC - DWQ - Details unknown Excavation upland basin and maintenance dredge channel. Major Permit 160.88 - Major Modification-1991 Issued: Jan 30, 1991 Expiration: Dec 31,1991 Enlarge entrance channel -excavation in entrance channel. Marsh planting on river shoreline. Mitigation marsh excavated in basin (mitigation completed). Major Permit 160.88- Minor Modification-1991 Issued: July 3, 1991 Expiration: Dec 31,1991 Added sand to marsh mitigation- planting area on river shoreline. Mitigation for NWP 18 (small amount of coastal marsh excavated in basin). At some point in 1992 basin dug and entrance channel maintenance dredging were complete. Major Permit 160.88 - Letter of Refinement -1993 Feb 2, 1993. Expiration: Jan 31, 1994. Major Permit 160.88 - Letter of Refinement -1994 July 6, 1994. NCDCM letter. July 15,1994. USACE letter (Action ID 199800208). Excavation of 900 cy from marina and channel. Clam shell, bucket to barge. Major Permit 160.88- Renewal- Maintenance Dredging Clause Issued: Feb 2, 1994 Expiration: Dec 31,1999 Nationwide Permits NW 14. Road to disposal area. Issued Feb, 24, 1993. ActionlD 199300847. NW 18. Wetland fill. 404 wetlands - tip of inland wetland finger-0.1 acre. Issued Nov 8, 1999. Expired Nov 8, 2001. WO Cert. Job # 00-0519 Issued Aug 2, 2000, Mitgation requirements unclear. 1998 CAMA Permit CAMA 128.98 Major Permit 128.98 (New) Issued: September 30, 1998 Expiration: Dec 31, 2001 USACE GP291- Action ID 199801494 Issued: November 9, 1998 WQC - DWQ # 980640 Issued: August 24, 1998 RECEIVED JUN 2 3 2022 DCM-I ib CITY MAY 20 ?021 1, Dredging access channel and basin (409, 500 sgft excavation in water, 500 sgft fill in water per WQcert) 2. Shoreline stabilization — rip rap within basin- from railway to entrance channel along north side basin 3. Replace covered slips (boathouse) with uncovered wet slips— slight excavation and enlargement of basin. 4. Depth from -6' MLW to -B' MLW ----how dredging got transferred to 128.98 from earlier 160-88. 5. Maintenance dredging. All work completed. Major Permit 128.98 — Letter of Refinement-1999 — Revised Spoil Disposal October 4, 1999. Expired Dec 31, 2002. All work completed. Major Permit 128.98 — Renewal 1. 2001 Issued: Sept 27, 2001 Expiration: Dec 31, 2003 USACE Renewal — Action ID 199801494 Letter dated October 11, 2001 Major Permit 128.98— Minor Mod 2002 - Shoreline Stabilization Issued: March 11, 2002 Expiration: Dec 31, 2003 Shoreline stabilization. Bulkhead or rip rap. Exact location not known. Slip reconfiguration. Add 31 slips. Total 109? (70 existing) Assume all work completed. Unsure if 31 new slips were installed. Major Permit 198.02 — Major 2002- shoreline stabilization and slip reconfiguration. Issued: March 13,2002 Expiration: Dec 31, 2005 assumed USACE GP291— Action ID 200200335 Issued: April 4, 2002 WQC - DWQ # 020103 February 22, 2002 SW Exemption Jan 7, 2002 1. Shoreline Stabilization. Rip rap and or bulkhead along unstabilized shoreline. 700 itt per USACE description. Exact location unknown. 2. Replace and construct floating and fixed slips in basin (31 new slips). All work completed. Assume shoreline stabilization was completed. Unsure of 31 slips. Major Permit 198.02 assumed to have expired Dec 31, 2005. Permit 128.98 remained valid since it carried maintenance dredging renewals. Therefore, it was Permit 128-98 that was modified with major modification in 2005 and 200B. Major Permit 128.98 — Renewal 2 Issued: Nov 12, 2003 Expiration: Dec 31, 2005 Major Permit 128.98 — Letter of Refinement Jan 20 2006 Pump out approval (at fuel pumps) RECEIVED Completed. MAY 2 0 'ltl?>' JUN 2 3 2022 DCM-MHD CITY Major Permit 128.98- Major Modification 2005- River slips, adjacent dry stack slips and launch well (corresponding EA with 2004 FONSI). Issued: May 19, 2005 Expiration: December 31, 2008 USACE GP291- Action ID 200500356 Issued: July 19, 2005 WOC - DWQ # 0500239 Issued: March 3, 2005 1. Wet slips (river slips) 58 slips 2. Dry stack slips (#?) - up to 225 3. Total wet slips , new 58, ex 70 totals 137 total 4. Launch well with excavation 5. SW detention pond north of lift 6. Parking office building No work completed. Major Permit 128.98- Major Modification 2008 - Upland basin expansion and dry stack, "big dig" Issued: September 17, 2008 Expiration: Dec 31, 2011 and extended by State Permit Extension Acts to April 14, 2016. No work completed. Economy. Major Permit 128.98 - Minor Modification 2010 - CIF Rowing Club Dock Issued: Jan 7, 2010 Expiration: April 14, 2015 (State Extension Act) Note - added 24' x 70' canopy over sand for storage (not shown on modification plans but not permanent- tent like). All work completed. Major Permit 128.98 - Minor Modification 2010 - Barge Tie-up Issued: Aug 9, 2010 Expiration: April 14, 2015 Tie 20' x 40' barge to existing pilings at slip #52 as shown in Sept 17, 2008 Major Modification plan. "Completed". Major Permit 128.98- Renewal 3 Issued: August 10, 2015 Expiration: April 14, 2017 Renewal of 2008 'big dig" modification and 5-yr maintenance dredging clause. Describes 79 wet slips, hoist, rail, temp dockage, rip rap stabilization, etc (add bio report notes). Renewal to ride out economy still. Major Permit 128.98 - Renewal 4 Issued: July 7, 2017 Expiration: April 14, 2019 Major Permit 128.98- Minor Modification 2017 - Slip Layout Changes Issued: 2017 Reconfigure the Vest Dock' or 'Dock B' from 13 fixed dock slips to 32 floating slips. "Completed'. ......................... ............. .............. —......................... —................................................... ... RECEIVED MAY 2 0 202? JUN 2 3 2022 DCM-MHD CITY 10 m n M M rj N0T1(0*'$174j CAMA PERMIT APPLIED FOR PROJECT: Applicant proposed to perform auue55 G(larlflel TO -1 IVILvv at 34w1 V lover mu., aujacen the Cape Fear River, in Wilmington, New Hanover COMM'N ACCEPTED THROUGH July'16, 2022 to APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Port Cape Fear Associates. LLC _ c/o Mike Loch .Y IV• o 3410 River RoadWilmington, NC 28412 1 ming on, Aaentr Davey Resource Grog�, /nc. C/oAndy Dortch Bryan Hall (910) 452-0001 ROY COOPER Govnrmr ELIZABETH S. BISER Serrrwy BRAXTON DAVIS Dtrcrrar, Drvinrnrof('aniral Atanagemdn June 21.2022 GanLegPubNotices7@ganneft.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 invoice for 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. cc: rSinc rely, ya K. ' tila IIXn/ Permitting Support & Customer Assistance MHC Files Cameron Luck — MHC USACE State of'North Carolina I Environmental QualilylContal Management 127 Cardinal Drive rat., Wilmington. NC 28405 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- 119(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' boadift 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 (fender County) or Bryan Hall (New Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405 J (910) 796-7221(Jason Dail) or (910) 796-7423 (Bryan Hall) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 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 M2 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Port Cape Fear Associates, LLC Mailing Address: 3410 River Road Wilmington NC 28412 Phone Number: 910-395-5055 Email Address: dockmaster@wilmintonmarine.com I certify that I have authorized Davey Resource Group, Inc. Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: basin maintenance dredging at my property located at 3410 River Road in New Hanover County. 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature, Print or Type Name Title Dale This certification is valid through 12 131 12023 RECEIVED JUN 2 3 2022 DCM-MHD CITY MAY 2 0 a- DAVEYI Resource Group May 20, 2022 GOLD BOND BUILDING PRODUCTS LLC 838 SUNNYVALE DRIVE WILMINGTON NC 28212 To Whom It May Concern: On behalf of Port Cape Fear Associates, Davey Resource Group, Inc. is submitting a CAMA Major permit application for maintenance dredging of the existing basin at Wilmington Marine Center. The applicant proposes maintenance basin dredging to restore water elevations to permitted depths and allow access of vessels from the forklift drop area and basin to the Cape Fear River channel. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development In order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at Wit liiam.dortch(c)davev.com Sincerely, RECEIVED JUN 2 3 2022 Andy Dortch,Agent DCM-MHD CITY Davey Resource Gawp Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 MAY ? 0 20;1 DAVEYFI Resource Group May 20, 2022 GOLD BOND BUILDING PRODUCTS LLC 2001 REXFORD ROAD CHARLOTTE NC 28211 To Whom It May Concern: On behalf of Port Cape Fear Associates, Davey Resource Group, Inc. is submitting a CAMA Major permit application for maintenance dredging of the existing basin at Wilmington Marine Center. The applicant proposes maintenance basin dredging to restore water elevations to permitted depths and allow access of vessels from the forklift drop area and basin to the Cape Fear River channel. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch@davev.com Sincerely, YNQ) _'�T4j Andy Dortch, Agent Davey Resource Group Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED JUN 2 3 2022 DCM-MHD CITY MAY 2 0 10 DAVEYI Resource Group May 20, 2022 CAPE FEAR PUBLIC UTILITY AUTHORITY 235 GOVERNMENT CENTER DRIVE WILMINGTON NC 28403 To Whom It May Concern: On behalf of Port Cape Fear Associates, Davey Resource Group, Inc. is submitting a CAMA Major permit application for maintenance dredging of the existing basin at Wilmington Marine Center. The applicant proposes maintenance basin dredging to restore water elevations to permitted depths and allow access of vessels from the forklift drop area and basin to the Cape Fear River channel. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management In reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch@davev.com Sincerely, RECEIVED 1 JUN 2 3 ZU22 Andy Dortdt, Agent DCM-MHD CITY Davey Resource Group Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 MAY 2 0 2022 ■ Complete hems 1, 2, and 3. a • Print your name and address on the reverse X so that we can return the card to you. B. ■ Attach this card to the back of the mallplece, or on the front h space permits. ___- D. -1. t. Article Adtlresaed to: (A-Q &'1) 07 �) Q(eUs 2 Oo \ 1%kx0.j �0•r\DTT+C � 2�a1� La sa IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1 9590 9402 6335 0296 5140 79 OQa 0 a 7021 2720 0000 2655 2456 July • 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 mallplece, or on the front If space permits. Ar4bla AnddrN\md tW.\ V'o\� 17ond �v t�IM.I Q('�c U C q�ti�rlIlll?- IIIi1II I1811111INIIIIIIIIIIIIII 9590 9402 6335 0296 5140 62 A NdWMyad6'Bee dh' lere�17-0—* If YES, enter delivery eddrem below. IZ-9140 ❑W"Men t p"" Darcy ❑ MgkaW ew RnewW Mn n 0nrteeC b egnm W 1)"mv RrtrMed Dewey bllttWbkYd Dewy 1 nS• )11 A. A. um C� eoeived by Fdmed Ns _AOU D. Is tlWPMy addme dBan h YES, Wear dNNWy ad 7020 2450 0001 5224 0383 PS Form 3811, July 2020 PSN 7530-02-ooD-9053 A� 0 S , Domestic Return Ratelpt I 2-1491,19 o Agent ddrnsme C. Dal or DqMy VNO ,13 ItZ en Item 17 gym , below: No D Rbrlty MW EANOWD ❑ Roahla W MEM'- MCIW DWYwy ❑ Rant eio MoM RasWfd ow DMWMy ❑ ebnatae Conllmmtbn'° ❑alewweco frrwbn Ro*V. W DWwy Re Mad DWMY W DOKWY Dcrnseilo Return Receipt RECEIVED JUN 2 3 ?0(') DCM-MHU CITY 1j5CFivF-n JUN 0 ) 'MO DCM W14M114GTON' NG USPS Tracking® FAQs' Track Another Package Tracking Number: 70212720000026552449 Remove x Your item was picked up at the post office at 9:51 am on May 23, 2022 in WILMINGTON, NC 28403. USPS Tracking Plus® Available u m ( Delivered, Individual Picked Up at Post Office May 23, 2022 at 9:51 am 0 WILMINGTON, NG 28403 Get Updates v Text & Email Updates u Tracking History USPS Tracking Plus® Product Information See Less ^ RECEIVED Jl1N � 1 ZII�- JUN 2 3 2022 1oN N� DCM-MHD CIT*M`11ILMING PostalI CERTIFIED MAIL:O RECEIPT m IDornesbc Mail Only S t1Jl�+�J6 20� $3 .. �a.+xnanwc.aa.. Ctx;;xN orsaw�aKewavr.,wrt, q_:1 p.p„w�c rcnv!,ac NwHaeiksu nw,.T q._7-tj(T—" ,� 0 !w.syyeevlbtn•kfa q- 1 ,I �- r TINY"05/20/2022 nJ47'7h Lull:'6UO, zir;:it.:._ lsc N o v z m 0 2 v n w N m m � N v ., I� CERTIFIED U RECEIPT maji only LoDomestic •0 s f3.05 20 ru xR..:'J—atiz p O QfYI:'m l,M.dp (,fxpiR�X) E___ Od�ewe,n :wwir+dar:wn POglmvk C3 ru r- i_ ?4.75 05/20/2022 ru s ru _n LO zr M Ln Ln .a ru c 0 0 O 0 nJ r- ti A to a r` UNITED STr?�ES A POSTAL SEIMCE AZALEA 3916 OLEANDER DR WILMINGTON, NC 28403-6758 05/20/2022 1800>275-8777 10:58 AM Product OtV Un1t Price Price First -Class Ma11$ 1 M 96 I .n— C,..._, --- Wilmington, NO 28412 Weight: 0 lb 9.20 oz Estimated_ Delivery Date Cart Ifiad Mail• — $3.75 T-.-,.. -- u . Return Receipt $3.05 Tracking M: 9590 9402 6335 0296 5140 62 Total $9.76 First -Class Mai IS 1 $2 96 Large Envelope charlotte, Nc 28211 Weight: 0 lb 9.20 oz Estimated Delivery Date Mon D5/23/2022 Certified Mall• $9 75 Tracking N: 70212720000026552456 Return Receipt $3.05 Tracking N: 9590 9402 6335 0296 5140 79 Total $9.76 First -Class Mail$ 1 Large Envelope $z 96 Wilmington, NC 28403 Weight: 0 ib 9.20 oz Estimated_ Delivery Data ad Mal If $3.75 Return Receipt $3 05 Tracking A: 9590 9402 6335 0296 5140 86 Total $9.76 Grand Total: - ----•--- $28 Credit Card Remitted $29 28 Card Name: VISA Account N: xxxxxxxwuwwwnrro� O. E. DURANT, INC. SHIP CHANDLER >� .N Wilmington Marine Center 3410 River Road Wilmington, NC 28412 Good Day, May 12, 2022 As a long time tenant and loyal customer of WMC, I am reaching out to discuss the depth of water at our slips and in particular in front of our loading dock. We are in need of having the basin dredged due to the nature of our business, the wear and tear on our equipment and the safety of our crew. At OE Durant, Ship Chandler and Line boat Service, our operations are critical to maritime commerce on the Cape Fear River and the North Carolina State Pat. We do not have the luxury of choosing our tide windows for arrival and departure times as river traffic is 24/7, 365 days a year. We specifically leased the slips adjacent to the fuel dock and loading area for the ability to crane pallets on and off our work boots and barges. Currently, at low tide there is not sufficient draft to fit either of our vessels against the loading dock without damaging running gear, impeller, etc. in the mud. Any further shoaling in that area will force us to boorn our cargo a further distance to reach the deck of the boat or even make it impossible to load or unload at that location. Please advise what your future plans are to increase the depth of the ware in the basin. Best regards, Nolan Ferrer General Manager O. F. DURANT, INC. 106A 6RYAN ROAD WILMINGTON, NC 28412 RECEIVED JUN 2 3 2022 DCM-MHD CITY MAY 2 0 AP Day/Night: 910.799-7877 Fax: 910.799-7878 EMAIL: oedurant@oedurant.com Nelson Q. Fry 1852 Odyssey Dr ive Wilmington, NC 28405 910-620-3636 Seadog317%dgm,-i l.(om May 11, 2022 To Whom It Concerns: I am a partner in the ownership of Port Cape Fear Associates, LLC, doing business as Wilmington Marine Center. I am semi -retired from the business now but served as General Manager and primary developer since our inception in 1987. The purpose of this letter is to express the very urgent need at the marina for maintenance dredging. Our permits have approved an 8'MLW depth but our current depths in much of the marina are below 3 feet. Our channel entrance is at levels that could prevent low tide ingress and impede all of our dockage, fueling, and repair services. If at all possible, expediting of approvals to dredge would be greatly appreciated and allow for the continuation of our services. As past developer and current partner in the operation, I assure you that the company will comply with the regulations that come along with dredging. Our General Manager, Mike Loch, as well as our Service Manager, Chuck Connors, and all the management group at Wilmington Marine Center are environmentally and legally supportive of all efforts to keep the project environmentally proper and within the spirit of the law. But time is of the essence. WMC is an original "Clean Marina", has maintained a pro -active stance towards clean water and clean air, invites regulators and municipal safety officials to visit us, and has a staff and customer base that agrees with our high standards of environmental quality. Hopefully, Wilmington Marine Center can get dredge permits soon so that we can continue to serve our commercial and recreational customers. Sincerely, Skip Fry MAY 2 0 2022 RECEIVED JUN 2 3 2022 DCM-MHD CITY DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON. NORTH CAROLINA 28403-1343 May 19, 2022 To whom it may concern: The Wilmington District of US Army Corp of Engineers' hydrographic survey crew is responsible federal navigation projects in Wilmington Harbor, Cape Fear River channels and the AIW W. The navigmion mission is to provide safe, reliable, efficient, effective and environmentally sustainable waterborne transportation systems (i.e. channels, harbors, and waterways) for movement of commerce, national security needs and recreation. Responsibilities include planning and constructing new navigation channels. porls. and hnrbors, and maintaining channel depths along coastal channels, port., and harbors. USAGE Wilmington Survey uses Wilmington Marine Center for survey vessels moorage, equipment storage and office space for our 6-7 person crew. There are 3 vessels at their Ihcilitics: SWART (Silver Ships, 48' length, 4.5' draft), SANDERSON (Sea Ark, 30' length, 2' draft) and lrailerablc ROGERS (C- Hawk, 25' length). Due to the shallow areas within the marina, the SWART plans departures and fueling based on tides. The vessel cannot fuel to capacity during low tides and delays departures to avoid sucking up debris in the engines and generator. Sincerely, Erin Weller Chicf of survey USACE Wilmington 69 Darlington Ave Wilmington, NC 28410 910-547-3409 RECEIVED JUN 2 3 ZOZZ DCM-MHD CITY MAY 20 i0i; Appendix A —Site Location Map and Work PiatS RECEIVED JUN 2 3 2022 DCM-MHD CITY MAY 2 0 2022 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2005-9988828 County: New Hanover U.S.G.S. Quad: NC- Wilmington NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: Port Cane Fear Associates LLC Agent: Land Management Group Charles Paul Corey Novak 3410 River Road 3805 Wrightsville Ave Wilmington, NC 28412 Suite 15 Wilmington, NC 28403 Size (acres) 22.2 Nearest Town Wilmington Nearest Waterway Cane Fear River River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 34.168584 Longitude:-77.948722 RECEIVED JUN 2 3 `022 DCM-MHU CITY MAY 2 0 2.022 Location description: The property is a boat marina located at 3410 River Road, in wetlands adjacent to the Cane Fear River. in Wilmineton, New Hanover County, North Carolina. Indicate Which of the Following_ Apply: A. Preliminary Determination ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DA I F. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of tine Clean Water Act (CWAx33 USC § 1344). Unless there is a change in law or our published regulations, this detennination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. []We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may nol be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. MThe waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 12/6/2019. ❑The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATI:. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). if you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Capito at (910)-251-4487 or Rachel.A.Canito()usace.arntv.mil. C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination form dated 04/01/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. if you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 0513112020. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: CAPITO.RACHEL.AN aax.nr.ro.aW N.1536276790 wu nwanus�ai%am Date of JD:04/01/2020 Expiration Date of JD:03/31/2025 MAY 20 204'c RECEIVED JUN 2 3 >122 DCM—t^A,,-f,/ CITY 1 � M Q + r s as 14 or 4151 41 i 3JV i 1` �•{'`ti . r r � v , s 4 y i Legend�� Project Area -22.2 ac � L-� Uplands-159ac i •Wy'.ig Coastal Wetlands -0.5 ac r" 100 Wellantls/Walers (includes DOa51at Wetlands where within Project Areal-6 Y .....•. Normal High Water Line L", Coastal Wetland Limits of Study Data Points rn Y •. L]CAMA101-05-7971NRIland Delineation-2019 0 100 200 400 v FCC Map Source: 2010 NC OnaMap Aerial Photography Scale .,l pho• t< l ix l -" l ,n Wilmington Marine Center ,_ T j� Yl �j ('�� New Hanover County, NC L i 1 l Welland Delineation Map Overview Map Date: 12.6-19 �ps,�,,,a°�p";„°„" 1 of 2 LMG 005.797 Ws,"Icn. Nc QMoa :nrncancNu. (010)4520001 1 nNNM62)6190 rw Ia 11111111111131 2010027245 FOR REGISTRATION REGISTER OF DEEDS JENNIFER N. nA& ISN NEW HANOVER COUNTY NC 2010 SEP 30 11:21;62 AM BK:5514 PG:%4-669 FEE431.00 IVRAF 1201001 M Without Title Examination Prepared by: Jeffrey P. Kceter Block, Crouch, Keeler, Behm & Sayed, LLP P.O. Box 4, Wilmington, NC 2802 Parcel ID: V-0000 --001- t)ol --09P Revenue Stamps: $ 0 00 — Pit STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED, made this 10 day of September , 2010 by and between, PORT CAPE FEAR ASSOCIATES, a North Carolina General Partnership, whose address is '�41Q Alta 9ffij - Wilm� n 1 NC, If41}GRANTOR,andPORTCAPEFEARASSOCIATES LLC a North Carolina Limited Liability Company, whose address is 3910 Qiy j'144va r NG 2$4(7- GRANTEE; 1 WITNE$SETH: THAT the said GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations to them in hand paid by GRANTEE, the receipt of which is hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, and convey unto the said GRANTEE, its successors and assigns, the following described property lying and being in the County of New Hanover, and State of North Carolina, and more particularly described as follows: See attached Exhibit "A" reference to which is hereby made for a more particular description. TO HAVE AND TO HOLD the above granted and described premises together with all and singular the rights, privileges, easements and appurtenances and hereditaments belonging or in anyway appertaining unto the said GRANTEE, its successors and assigns, in fee simple. RECEIVED RETURN TO: JUN 2 3 2022 BLOCK,,CROUCH, KEETER t DCfV1_ MAY ' i ;'u; 1.MHD crry AND the said GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEE, its successors and assigns, that it is seized in fee of said premises and that it has good right to sell and convey the same; that the title is marketable and free and clear from any and all encumbrances, except a set forth herein; and that it will, and its successors and assigns shall, WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. Notwithstanding the foregoing, the warranties herein recited are subject to: 2010 ad valorem taxes; all applicable zoning and land use ordinances, rules, regulations, laws and statutes; and all restrictive covenants, easements and rights -of -way of record. IN WrFNESS WHEREOF, the said GRANTOR has caused this instrument to be executed in the appropriate partnership name by duly authorized general partner and has hereunto set their hands and seals the day and year first above written. 0 If checked, the property herein conveyed includes the primary residence of one or more of the Grantors. PORT CAPE FEAR ASSOCIATES, A North Carolina General Partnership PORT CAPE FEAR, INC., General Partner M��10 Nelson B. Fry, III, President SOUTHSIDE HOLDING, LLC, General Partner B W..��. azles A. P 1, III, Manager BY: John inrichs, Manager TOWN K RT ERS, LLC, General Partner BY: Nelson B. Fry, 111, Member Manager RECEIVED P.4AY 1 fi Or JUN 2 3 2022 DCM-MHD CITY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, V jdkI% U V . PO)-fe✓ , a Notary Public of Hanover County, North Carolina do certify that on this _day of September, 2010, before me personally appeared Nelspn B. Fry, III, President of Port Cape Fear, Inc. personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person whose name is signed on the preceding or attached record, and acknowledged to Lq &Lhegjaged it volunta4 r, For and on behalf of Port Cape Fear, Inc. for its stated purpose. •' OFFICIAL SEAL— VICKIE W PORTER Notary Public - North Carolina Notary Public e NEW HANOVER COUNTY My Commission expires: 10 of 13 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, V 16Q e A 1 U✓ 1 elm a Notary Public of Hanover County, North Carolina do certify that on this 02 day of September, 2010, before me personally appeared Char" A. Paul, III, Manager of Southside Holdings, LLC personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person whose name is signed on the preceding or attached record, and acknowledged to me that he signed it voluntarily for and on behalf of Southside Holdings, LLC for its stated purpose. OFFICIAL SEAL VICKIE W PORTER Y Notary Public • North Carolina NEW HANOVER COUNTY Notary Public RECEIVED My Commission expires: Q q . JUN 23 DCM-MHD CITY MAY 20 7lli/ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, V riK 1 E W , PQY'1"C-V , , a Notary Public of Hanover County, North Carolina do certify that on this 2a day of September, 2010, before me personally appeared Jo�F. Hinrichs, Manager of Southside Holdings, LLC personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person whose name is signed on the preceding or attached record, and acknowledged to me that he signed it voluntarily, for and on behalf of Southside Holdings, LLC, for its stated OFFICIALBEAL `-�%{Q� (/V • �(/WV VICKIE W PORTER Notary Public Notry Public - North Carolina rY NEW NANOVER COUNTY My Commission expires: 0 9 STATE OF NORTH CAROLINA COUNTY OF NEWHANOVER / I, �/ i e W. (�Yw a Notary Public of Hanover County, North Carolina do certify that on this ay of September, 2010, before me personally appeared No!76 B. Fry,1I1, Manager of Town Creek Partners, LLC �/ personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person whose name is signed on the preceding or attached record, and acknowledged to me that he signed it voluntarily, for and as an act of Town Creek Partners, LLC. for its stated e, r OFFICIAL SEAL VICKIE W PORTER "vrvv� '..y. Nolary Public -North Carolina Notary Public NEW HANOVER COUNTY My Commission expires: to . RECEIVED JUN 2 3 2"'2 DCM-MHD CITY MAY 2 0 AX, EXHIBIT A LEGAL. DESCRIPTION FOR NORTHERN SECTION OF MARINA TRACT Beginning at a point in the Western line of River Road, (Secondary Road #1100, a 60 foot wide public right of way) south of the entrance to the Port Cape Fear Associates Marina Tract, and being North 24 degrees 20 minutes West, 572.02 feet from an iron pipe marking the southeast corner of the Port Cape Fear Marina Tract described in Deed Book 1535 at Page 882 of the New Hanover County Registry; thence, from the POINT OF BEGINNING, South 59 degrees 52 minutes West, 266.83 feet to a point; thence, South 40 degrees West, 144.40 feet to a point; thence, South 03 degrees 27 minutes West, 191.30 feet to a point; thence, South 84 degrees 01 minutes West, 39.20 feet to a point; thence, North 44 degrees 33 minutes West, 112.90 feet to a point; thence, North 37 degrees 15 minutes West, 113.20 feet to a point; thence, North 67 degrees 12 minutes West, 53.27 feet to a point; thence, North 35 degrees 03 minutes West, 251.90 feet to a point at the edge of the high water line of the Cape Fear River; thence, along the high water line of said Cape Fear River, tic lines being, North 49 degrees 39 minutes 55 seconds West, 234.22 feet to a point, North 31 degrees 06 minutes 06 seconds West, 166.14 feet, and North 02 degrees 31 minutes 12 seconds West, 383.74 feet to a point; thence, along the National Gypsum tract, North 82 degrees 11 minutes 49 seconds East, 806.19 feet to a concrete monument marking the Northeast comer said Port Cape Fear Marina Tract in the Western line of River Road; thence, along the western line of said River Road, South 10 degrees 10 minutes 59 seconds East, 415.27 feet to a point; thence, continuing along said western line of River Road, a curve to the left, a chord being, South 20 degrees 24 minutes 39 seconds East, 356.35 feet to the point of beginning, and containing 16.6 acres, more or less, RECEIVED JUN 2 3 ZO'Z DCM-MHU :ITY MAY 2 0 ?0'/' JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 •f1fR1f[<ffflfafffiff[ffflflff[[{f[flf f[!!f[ Y[[l f f i!!}[f 1. f f f... I . . . *1 .. I..f[fff[lflff[f A .fff f ff f f}[ f[ f f f ff[ f f f[!f Filed For Registration: Book: Document No. Recorder: 09/30/2010 11:27:02 AM RE 5514 Page: 664-669 2010027245 6 PGS $31.00 CRESWELL,ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT *2010027245* 2010027245 RECEIVED JUN 2 3 2022 I)CM,MHL) CITY MAY 2 0 Mel Without Title Examination Prepared by, RENRNED 10 Jeffrey P Keeter Block, Crouch, Keeter, Bohm & Sayed, LLP P 0 Box 4, WWilmmgton, NC 28402 Parcel M- // &(p O — 00/ 60 / ' 000 1 A40 Revenue Stamps $ — o — L STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER II I till I I I Ill IN II'� II II11�1 11111� 111 Ilil 2011001654 FOR R"'STRRTr ON RF7'S7Ell OF DEEDS JENNI FER N MRCNE Ell 2011HJANV18 04NO2Y20NPM 6K 5540 PG 1480-1486 FEE $34 00 INSiRVINT � 201 iOOIN WARRANTY DEED THIS DEED, made this !_12___ day of `T� 20_ by and between, PORT CAPE FEAR ASSOCIATES, a North Carolina General Partnership, GRANTOR, and PORT CAPE FEAR ASSOCIATES, LLC a North Carolina Limited Liability Company, whose address is 3410 River Road, Wilmington, North Carolina 28412, GRANTEE; WITNESSFTH THAT the said GRANTOR, for and in consideration of the sum. olTEN DOLLARS ($10.00) and other valuable considerations to them in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the said GRANTEE, its successors and assigns, the following described property lying and being in the County of New Hanover, and State of North Carolina, and more particularly described as follows: See attached Exhibit "A" reference to which is hereby made for a more particular description. I RECEIVED TO HAVE AND TO HOLD the above granted and described premises together with all and singular the rights, privileges, easements and appurtenances and hereditamcnts belonging or m anyway appertaining unto the said GRANTEE, its successors and assigns, in fee simple. JUN 2 3 C 2 DCM-MHD Retumed To Slock,Crouch,Keeter,Behm & Sayed MAY 2 0 Z021 lITY AND the said GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEE, its successors and assigns, that it is seized in fee of said premises and that ithas good right to sell and convey the same, that the title is marketable and free and clear from any and all encumbrances, except a set forth herein; and that it will, and its successors and assigns shall, WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever Notwithstanding the foregoing, the warranties herein recited are subject to: 2010 ad valorem taxes; all applicable zoning and land use ordinances, rules, regulations, laws and statutes; and all restrictive covenants, easements and rights -of -way of record. IN WITNESS WHEREOF, the said GRANTOR has caused this instniment to be executed in the appropriate partnership name by its duly authorized general partners and has hereunto set their hands and seals the day and year first above written. Q If chocked, the property herein conveyed includes the primary residence of one or more of the Grantors PORT CAPE FEAR ASSOCIATES, A North Carolina General Partnership PORT CAPE FEAR, INC., General Partner BY Nelson B. Fry, III, President SOUTHSIDE HOLDINGS, LLC, General Partner BY: CL Charles A. Ppul, III, Manager In In RECEIVED TOWN C EK PARTNERS, LLC, General Partner JUN 2 3 ?'"2 BY. %,_71'� DCM-MHD CITY Nelson B. Fry, III, Member/Manager ,UY 2 0 00 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, i le V • 1 YTLY , a Notary Public of Hanover County, North Carolina do certify that on this I day of _ 1 nry, a1 .201]_, before me personally appeared f ✓ personally known to me, proved to me by satisfactory evidence, proved to me on the oath or affirmation of _ who is personally (mown to me, to be the p=on(s) whose names) is/am signed on the preceding or attached record, and acknowledged to me that helshe(they signed it voluntarily for its stated purpose. OFFICIAL SEAL VICKIE W PORTER Notary Publtc • North Carolina NEW HANOVER COUNTY My Commission expires 1 O— 9— 1 3 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER `_iyady, Notary Public 1, V I G N 1 G N V. t"QY, a Notary Public of Hanover County, North Carolina do certify that on this 1"14�\day of 20 Il before me personally appeared Ckp V-12S A . —1l i i, 7=C personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person(s) whose names) islare signed on the preceding or attached record, and OFFICIAL SEAL VICKIE W PORTER Notary Pubib • North Carolina NEW NAHOVER COUNTY Jthey signed it voluntarily for its stated purpose. Notary Public My Commission expires._ ( b — 9 1 RECEIVED JUN 2 3 "? DCM-MHU -ITY MAY 71) (it" STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, V 1 Ckl•C W . �'O Y'1 eY a Notary Pubhe of Hanover County, North Carolina do certify that o�hts day of_ � 20 I 1 • before me personally app -T(>hy V , t c h-9 personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person(s) whose names) islare signed on the preceding or attached record, and acknowledged to me that he/shelthey signed it vooll/unttarrlily' pfor �its /stated purpose, ' `�' " J ., i,i,,�a F VICKIE W PORTER Notary Public ' � � Notary Pubbc Notlh Caroline •�, (S , NEW HANOVER COUNTY My Commission expires - STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, , a Notary Public of Hanover County, North Carolina do certifLoat on this li- lam' 'lday of 3 QXNLIUIYlL.201.1 before me personally appeared �. Ober ru Y ton ✓ personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person(s) whose names) is/arc signed on the preceding or attached record, and .acknowledged too me that he/shelthey signed ri voluntarily for its stated purpose JJF�Notary OFFICIAL SEALYICKIE W PORTER Notary Public Public -North Carolina NEW HANOVER COUNTY RECEIVED My Commission expires: I D - a - 13 JUN 2 3 2027 DCM-MHD MAY 2 0 ni ' STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, V I cLt' W • PC) Y h' a Notary Public of Hanover County, North Carolina do certify that on this �]�_day of._t�(�Vt1, 20 1k , before me personally ap�red N 21q)y� 3. -Frt il'L. personally known t proved to me by satisfactory evidence, proved to me on the oath or affirmation of _ who is personally known to me, to be the person(s) whose name(s) is/are signed on the preceding or attached record, and acknowledged to me that he/she/they signed it voluntarilyforits stated purpurpose� 1 ��� OFFICIAL SEAL �/ (.f'�U�- Aj- R�cb& ` VICKIE W PORTEq Notary Public 4 ,j {` � NoteryPublic-NorthCaroona NEW HANOVER COUNTY My Commission expires � t% — � J 13 RECEIVED JUN 23 L -' DCM-MHD CITY MAY 2 0 ?01r Beginning at a point in the Western right of way line of River Road (S.R. #1100, 60 foot right of way), said point being located North 10 degrees 23 minutes 30 seconds West 195.56 feet and South 83 degrees 29 minutes 20 seconds West 60.0 feet from the point of intersection of the Eastern right of way line of River Road with the Northern right of way line of Bryan Road (S.R. #1115, 60 foot right of way); and running thence with the Westem right of way line of River Road as it curves to the East to a point that is located South 15 degrees 45 minues 30 seconds East 450.96 feet from the point of Beginning; thence continuing with the Western right of way line of River Road South 24 degrees 20 minutes East 541.0 feet to a concrete monument, the same being the Northeast comer of the M & M Truck Lines, Inc. tract; running thence with the Northern line of the M & M Truck Lines, Inc. treat South 78 degrees 21 minutes West 708.85 feet to a new concrete monument on the Eastern edge of the Cape Fear River; thence the same course continued 18 feet more or less to the High Water Line of the Cape Fear River; rummmg thence Northwardly along the Eastem High Water Line of the Cape Fear River to a point (the Southwest comer of the Gold Bond Div, of National Gypsum Co. tract), said point being located North 06 degrees 30 minutes 40 seconds West 352.37 feet and Soutb 85 degrees 51 minutes West 832.59 feet from the point of Beginning; running thence with the Southern line of The Gold Bond Div. tract North 85 degrees 51 minutes East 26 feet more or less to an old monument; running thence the same course continued North 85 degrees 51 minutes East 806.59 feet to a point in the Western right of way line of River Road, running thence with the Western right of way line of River Road South 06 degrees 30 minutes 40 seconds Hest 352.37 feet to the point of Beginning, and being Area "A" as shown on a map for J. W, Staokhouso by George Losak, Registered Land Surveyor, dated August 11,1975. Subject to a 50 foot sewer easement owned by Maffutt Village recorded in Book 356 at Page 373 of the New Hanover County Registry. RECEIVED jUN 2 3 ZOZZ DCM-MHD CITY MAY 2 0 10z' JENNIFER H MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 •YYYYYYYYY\11YY111ItY.Y1MYYYIYYYYMYYIYYYYYYYY4YYYYYYYYYYYYYYYYYYYYtRYIi1YY...YY...**.*Y 1YYY IYYYYHYY HYOY YYYN... 1YtYYYY Filed For Registration: Book: Document No.: Recorder: 0111812011 04:02.20 PM RE 5540 Page: 1480.1486 2011001654 7 PGS $34 00 CARTER,CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2011001654* RECEIVED JUN 2 3 2022 DCM-MHD CITY MAY 20 "1021 2011001654 I1111C 1NIM N11 2014034909 Excise Tax S 2.0W 00 j.. REGISTRRT CON REGISTER OF DEED' TRMMY 7HEUSCN BEASLEY NEW MRNOYER COUNTY, NC 2014 DEC 31 10 40 41 RM 0K,5060 K 930-934 FEE 126 00 NC REV STAY 120 00 MW I Y0149AM NORTH CAROLINA GENERAL WARRANTY DEED Parcel Identifier No R07000-002-004-000 Verified by County on the — day of , 20 By. Mail/Box to 19ffrev P Keeler. Block Crouch Keeter. Behm & Saved. LLP Post Office Box 4 WdrmWon North Carolina Tins instrument was prepared by Block Crouch, Keeler. Beim& Saved LLP Post Office Box 4 Wdm nizon North Carolina Brief description for the Index LOT 5 89 Ac, 10 24 Ac & 1 69 Ac River Road, THIS DEED made this 31st day of December , 2014 , by and between Michael I Arnolt, unmarried 8450 Westfield Blvd Suite240 Indianapolis, IN 46240-S920 Port Cape Fear Associates, LLC 3410Fiver Road I RECF—WFD Wiltmngton,NC 28412 JUN 2 DCP, . Eater in appropriate block for each Grantor and Grantee name, mailing address, and, if appropriate, character of entity, e g corporation or paimership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, fermtune or neuter as required by context WITNESSETH, that the. Grantor, for a valuable consideration paid by the Grantee, the receipt of wtuch is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condoauniurn unit situated in the City of Wilmington Township, New Hanover County, North Carolina and more particularly described as follows See Exhibit "A" attached hereto and incorporated herein by reference MAY 1) Ai The property beremabove described was acquired by Grantor by instrument recorded in Book page All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor A map showing the above described property is recorded in Plat Book page Page 1 of 2 NC Bar Assoesaftm Form No 3 01976, Revised O 1977, 2002, 2013 Thus standard fain hen been approved by Pnnted by Agreement with the NC Bar Assahation - 1981 Nonh Camhw Bar Assecathoo -NC Bar Form No 3 Returned To gehm & SO*8lock,Crouch,Keeter TO HAVE 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 tight 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, other than the following exceptions Covenants and Restrictions of record, Easements of Record, Applicable Zoning and Lend Use Laws and/or Ordinances pertaining to the use of the premises, 7kxes to be assessed IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of three day and }yearr fi above written rm-\4 tk1L� (SEAL) (Entity Name) Print/Type Name Michael 1. Arnolt. unmarried By PnottType Name & Title By Pnnt(rype Name & Title By Pnnt/fype Name & Title Pnnt(Type Name (SEAL) Print/Type Name Print/Type Name State of Narth*w"him -LAAWA—County or City of Mali 1, the undersigned Notary Public of the County or City of and State aforesaid, certify that Michael I Arnolt personally appeared before meduaday and acknowledged the due execution of the foregoing instrument f ness my hand and Notarial stamp or real this 31st day of December 20 14 MICHEM R G EISPACHER Rasddenl of Hendrida County au My Commission Expires May 22, 2018 My Commission Expires Notary (Affix Seal) Notary's Printed or Typed Name State of - County or City of I, the undersigned Notary Public of the County or City of execution of the foregoing instrument for the purposes therein expressed ,20 My Commission Expires (Affix Seal) and State aforesaid, certify that iersonally appeared before me this day and acknowledged the due Witness my hand and Notarial stamp or seal tits _ day of Notary's Printed or Typed Name Public State of - County or City of 1, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that _he is the - of —.a North Carolina or corporation/limited Lability company/general partnership/hnuted partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed Witness my hand and Notarial stamp or seal, this —day of , 20_ My Commission Expires (Affix —Notary Public IVED (Ax Seal) Notary's Prumod or Typed Name JUN 2 3 ?1'92 Page 2 of 2 NC Ilse Assmiaaon Farm No 3 G 1976, Revised ®1977, 2002, 2013 - ' 11, - This sleodard form has llii� tpl I T Y Printer by Agrccmnm with the NC Bar Association - 1991 North Cazoana tier Assaciatioo - NC Dar form No 3 EXHIBIT A TRACT ONE (3603 River Road, Parcel ID R07000-001.007-000) A certain tract or parcel of land lying and being in Wilmington Township, New Hanover County, North Carolina and being those tracts as recorded in Deed Book 598, Page 630, Deed Book 606, Page 213, Deed Book 563, Page 496, Deed Book 563, Page 498 and Deed Book 1637, Page 1763, Records of New Hanover County, North Carolina and being more particularly described as follows Beginning on an von located at the intersection of the eastern right-of-way of River Road (S R 1100, 100 It right- of-way) and the southern right-of-way of Floyd Drive (40 ft right-of-way) Proceed from said beginning point with the southern right-of-way of Floyd Drive, N 7342-04 E 316 56 feet to an existing iron pipe, thence with the western boundary line of the J F Smith tract (Deed Book 332, Page 100), S 19- 10-01 E 172 34 feet to an existing von pipe, said iron being the northwest comer of that tract as described in Deed Book 297, Page 584, thence N 73-44-39 E 30 00 feet to an von, thence with a curve to the left having a radius of 855 37 feet and a chord of S 41-03-58 E 208 49 feet to an iron in the southern boundary line of that tract as described in Deed Book 297, Page 584, thence with the southern boundary line of the aforesaid tract N 73-40-43 E 346 73 feet to an existing iron pipe on the western right —of--way of Beatrice Road (40 ft right-of-way), thence with the said right-of-way S 19-27-54 E 248 46 feet to an existing iron pipe on the northern right-of-way, of Melton Drive (50 It right-of-way), thence with said nght-of-way a curve to the right having a radius of 585 31 feet and a chord of S 79-49-55 W I l 181 feet to a point, thence continuing with said right-of-way S 85.18-46 W 102 24 feet to an iron, thence with a curve to the left having a radius of 647 36 feet and a chord of S 79-10-06 W 138 58 feet to an iron, thence continuing with said right-of-way S 73-01-26 W 292 47 feet to an iron at the intersection of the northern right-of-way of Melton Drive and the eastern right-of-way of River Road (S R 1100), thence with the eastern right- of-way of River Road (S R 1100), a curve to the right having a chord of N 38-32-39 W 93 33 feet to a point, thence continuing with said right-of-way a curve to the right having a chord ofN 33-12-14 W 105 65 feet to a point, thence continuing with said right-of-way N 30-24-18 W 390 45 feet to the point of beginning and containing 5 89 acres according to a survey by Hanover Design Services, P A in December of 1992 On July 1, 1967 the Atlantic Coast Line Railroad Company merged with the Seaboard Air Line Railroad Company to form the Seaboard Coast lane Railroad Company On December 29, 1982 the Louisville and Nashville Railroad Company merged into Seaboard Coast Line Railroad Company, and the name of the surviving corporation changed to Seaboard System Railroad, Inc On July 1, 1986, Seaboard System Railroad, Inc changed its name to CSX Transportation, Inc TRACT TWO (3610 River Road, Parcel ID R07000.002.004-000) Beginning at an von pipe located in the western line of the River Road (S R #1100), said iron pipe being located South 79 degrees 45 minutes West 5130 feet from a nail in the centerline of the River Road (100 feet right of way) said nail being 765 95 feet southwardly along the centerline of said River Road from the intersection of the River Road and Bryan Road (S R # 1114), running thence from said begmnmg point South 23 degrees 07 minutes 30 seconds East 426 62 feet along the western line of said River Road to the beginning of a curve to the East, running thence along the curve in said River Road to an iron pipe in the western line of said River Road a chord distance of South 29 degrees 34 minutes 23 seconds East 220 75 feet, a corner with the property owned by the City of Wilmington, running thence South 79 degrees 58 minutes 00 seconds West 737 48 feet to an old concrete monument in the low water mark of the Cape Fear River, running thence northwardly along the low water marls of the Cape Fear River North 22 degrees 38 minutes 45 second West 636 26 feet to an iron pipe, thence North 79 degrees 45 minutes 00 seconds East 705 95 feet to the point of Beginning containing 10 19 acres, more or less (Being in all respects the same property acquired by Russ Transport, Inc by deed recorded May 6, 1976 in Book 1062, Page 608, New Hanover County Registry ) RECEIVED MAY 20 /UZI JUN 2 3 2022 DCM-MHD CITY TRACT THREE (3628 Beatrice Street, Parcel #R07000-001-008-000) A cerfatn tract or parcel of land lying and being in Wrhnington, Township, New Hanover County, North Carolina, and being a part of that tract of land deeded to C R. Williams as described in deed book 297 page 594, Records of New Hanover County, North Carolina, and being more particularly described as follows Beginning on an old iron pipe located on the westem right-of-way of Beatrice Road (40 ft. public right-of-way), said old non pipe being located N 19-27-54 W 247 46 R from an old inn pipe being located at the intersection ofthe western right-of-way of Beatrice Road and the northern right-of-way of Melton Drive (50 ft. public nghtof-way) Proceed from said beginning point with the western right-of-way of Beatrice Road N 19-27-54 W 189 71 ft. to an old von pipe, Once leaving said road S 73-32-10 W 147111 to an old ion pipe, thence S 7346-17 W 90 09ft to an old von pipe, thence S 7342-29 W 10158% to an old unit pipe, thence S 7344-39 W 84 81 ft. to an old iron being die northeasrem comer of that tract as described in deed book 563 page 496 and 498, thence with a curve to left having a radrus of 855 37R and a chord of S 41- 03-58 E 208 49ft. to an old min, thence N 734043 E 346 731 to the beginning and containing 169 acres according to a survey by Hanover Design Services, P A in January of 1993. RECEIVED I MAY 2 0 ZOZ? JUN 2 3 ?i122 DCI4t•��-fin.; �T"Y TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 •. •... u. u. � u. u. • n.. w u.. a+• • u • •.. u u u • a. �. • •. a u» u. u. u.. •.. n.. u n •.. • «.... •...... u w n • •. n w u.. Filed For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX• Recorder• 12/311201410:40:41 AM RE 5860 Page: 930.934 2014034999 5 PGS $26 00 $2,000.00 JOHNSON,CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT *2014034999* 2014034999 RECEIN/ED 3UN 2 3 _ -? DCM-MHu ,:;1TY WY 2 0 7nl1, ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON 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 (Courier 11-12-09) cameron.luck(oNCDENR.gov SUBJECT: CAMAID&F Applicant: Port Cape Fear Associates, LLC Project Location: 3410 River Road, adj. to the Cape Fear River, Wilmington, New Hanover County Proposed Project: The applicant proposes to perform maintenance dredging within the existing basin to -5' MLW, and within the existing forklift drop area and access channel to -7' MLW. Material will be placed within a newly created diked spoil area. 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 16, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "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 SIGNATURE DATE ME o.nraM,Y�iuorp� RECE11"", JUN 2� _ ' DiCM-mi- L ;; rY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 29405 910.7%.7215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: PTA Fee: $ # CDAITS _ MHC cc Applicant: ,eq� IA 5 ( .. _ - AgenUContractor: bpr-teo + Q ft-i G Project Site County: R - SIaH: District: Wilmington L Project Name: Or\Rover File: We River Basin: Initial date of application su ittal: Date application 'received as complete" in the Field office: (a 2Z Authorization: SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes o PNA: es No Photos Taken: Yes No Setback Required (riparian): Yes o Critical Habitat: Yes LjNo UNot Sure 15 foot waiver obtained: []Yes No Hazard Notification Returned: QYes Flo SAV: ❑Yes o ❑Not Sure Shell Bottom: Yes No ❑ Nol Temporary Impacts: Yes ]No Sure Sandbags: MYes o Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: ❑Yes ❑No QYes []No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: []Yes 1$[No ❑NA -III/- LIZ24 FT ❑Yes []No ❑NA Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or lased SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicornia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) 0 (SA) Salt marsh cordgrass (Spartina El (SY) Salt reed grass (Spartina alterniflora) cynosuroides) El (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (M Cattail (Typha sp.) spirals) sp.I El (JR) Black needlerush (Juncus (SP) Salt/meadow, grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 111(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Privpublic or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major Any development involving D8F of permit - $100 permit - $250 ore 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 or commerciallno dredge CEIVED $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 JUN 2 3 2022 acre; 4144 can be applied; DCM needs DWQ agreement - $400 ITv - -.. --.. — yr r r Applicant Eux- 6"-24ucr A95ouat'k v` Date: /:Z(1(z-z— Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 \ New Work l � ce ❑YaffiN 1 New Work ❑ Maint � Replact�e ❑ Y Y " New Work Replace Maint ❑ ❑ Y O N New Work ❑ Replace Maint ❑ ❑ Y ON New Work Replace Maint ❑ ❑ Y ❑ N New Work CFReplace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ON New Work Replace Maint ❑ ❑ Y O N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Dredge*;!{. Fill Both ❑ Other ❑ �3+"6 � Dredge ❑ Fill F. Both ❑ Other ❑� Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ JUN 2 3 2022 nr-M_MHn raTY 919-733.2293:: 1•a$a-4RCOA3T:: www,nccoAstalmanagement net revised: 02i26i1e Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 6/21/2022 Davey Resource Port Cape Fear United 2468 $475.00 major fee, 3410 River Rd, BH rct. Group Inc Associates, LLC Bank Wilmington NHCo 18061 v 0 c Z M e �: m Major Permit Fee Schedule Project Name: `luµ l" ffl*d J' County: N�\ Check No & Amount: fn-J�� ' 93 (_� -616 DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0`➢n ($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 DWO concurrence is needed because of concerns related to water quality or aquatic life: III(D),IfGeneral Water Quality $400 60%($240) 40%($160) Certification No. 4175 cannot be applied: elopmenl that involves the filling E.ndlorxcavation of more than one acre $475 60% ($285) 40% ($190) ands and/or open water areas: RECEIVED 'JUN 2 8 DCM-MI­! DCM WILMINGTON. NC .. _.. .. _ .. .... ....�- ._ y.n. F. .. �1. n. e.. 11d 44,1 ,SA . 93 -019 - - 031 a.9 u 27A 9)B N4 3 17.9 162 1113 14, 119 10.7 14.6 143 143 142 ]B 17 IMI 1]1 132 119 139 102 143 III NJ 131 13s 131 See NY USACE Channel USACE Setback 168 152 Ili in 116 IIA 113 - - IDS ''1 95 155 - - _IS] IN 12.9 te,] 115 116 I66 in 96 10.9 9.5 ^ -�11^ 118 Ild Ilb 108 142 IIb Its18 13D4 -- -8.1 IIe - Jib 110 11.1 112 93 9./ --143 113 ^ 12.9 - -A29_ 116 115 liT--1L1 11.9 R3 - - ll? YII 13 d0 l35 134 12.8 - ^IF.4 - 113 118 - 109 IN 167 - -9.1 ^ - 9.1 Sao 3154L9 ._ _10. I&A - ^ID9- 136 12.9 12A 11.0 31.5 I85 - ^ 90 132 121 tell 113 113 119 139 131 129 128 1q,0 11.9 11.5 D8 113 fl9 18 102 14A 12.9 Its I2A In I0.1 10! 104 IDb 113 HIS 1D2 9L 0.9 19A 103 MA 123 IDS I" I72 I" 1Q6 jok0.9 /� . 9.9 98 9.9 B8 fl] A IBi 123'.-.. IRA 119 I I N2 IB2 123 12b WA lit IS? 1o8 1"89 no &91 IBJ as 123 23 Ia2 IN In In IBM 99 100 9.0 9.4 110 1]7 125 125 at ILL7 1" 1" 105 9.9 9.9 95 93 1111.4 36 134 :2, 133 .___,I?2. 131 .11 10.0 9.9 9.9 9A 96 32 112 132 12A 137 169 66 9j 10.1 95 114 123 1" 13D 1" In Jill 96 98 92 91 93 1]2 111 lit inas 128 106 I05 91 92 29 9s 91 17 132 14J lot 102 I95 92 tg 133 IN 135 W 123 120 95 92 93 95 fiA 7.9 1Do ley116 123 11.1 t� gJ 1 93 eD 7.9 Al 124 125 123 122 Ilk 113 96 916 .9 90 .9 So 18 29 23 2.9 g Ito 94 92 139 138 117 123 My 99 g] H9 21 12 BDo A 7S 13b fail11D 130 87 12 7.9 113 118 IID 7.9 i I EX.ENIRANCE va 7; � HEN � . L E [IG x; 0.Y---17,5 IS,flB371 76 63 14 --6 66A1 e66.)>• 661 6D 0.5 16 5 3 61 6- 68 -._39 38 6s i5t9 - /3 1A 68 65 62 61 65 63 61 41 6D 60 e- - �� - 63 6633 62 S1 57 6s 77 1.3 72 6d - - 60 -�: - -6�.}. 49 V AS Ss is 6J 7d- 7.4 - - i3-- 65- _ _ 59 61 7.1 69 - -fill_ - y651 - 1: - 76 78 7.4 7A 1s 63 d� 69 41 62 -bp-_ 63 As AS ." - 61 6s -- 7 N L �D {66{9�; Ells T 63 61 - B3 jb 6sV i �I 66 fill L II E64 62 83 76 7.1 6.7 6A 67 63 74 82 Bo 75 74 70 67 69 711 67 6A 6] 6.7 67 6s 68 67 7.9 79 7b -v.` 7D 67 AA 69 66 4B 6l 69 68 6s 65 6.4 8o 81 )S 6Y - GA 66 - i .9 fill 63 73 7s a, 1b 9X . H 81 7A so H E A ! 11 76 63 60 6 1 81 7b I 7A 6 a91 $ C 69 A N Do Do EI Do 7.5 CID 62 63 fib 6' 7..9 73 68 63 6B 63 u 90 7A 6s SI 67 80 73 63 C fil rian Corridor 16 Setback 59 6A fi0 46 4e AS (1 6.9 fit 6tt S9 41 6 6H i9 i8 41 6J 3 64 6.9 43 ... 321 2 61 33 61 1-0 49 - _ 41 0 1 6q 41 62 63 7.0 - At 5y 03 fig Sg ij !0 61 63 AS 4> >'1 AS V 17 j! *a66 - 69 4ADD A3 BDd 4, B 99 74 4) 4 fill G9 - 67 78 - -7t, - - 7 Al )i )S 42 02 ij _•`� 0 - t6oAASS{3- 716 fig. l2 2 B3 >.7- - - d 7.7 2 IL2 fill 6s 65 Xj 72 -te,- 73 70 -'73�- 7.7 )j 79 - f VU 2> 72. 6j py0.--.31-- �2 6s 619 73 lJ ]S f - - gQ ' 8D f,I A, - IJ - 69 7'2 69 )2 . 75). 1 �3 3.6> - ^ 1J9 9 19 49 72 7.5 23 89 - - 83 66s' 69 L bq 71 69 23 )7 7.1 >j 80 4s >g 7., d .. - flS 86, e0 B2S A� -"-"6i---48-_ 6) 7s all 66 1 62 1.4 73 3y� 82 Sd 84 83 )> 6'= 82 BB » 82 8p �6>, NO-_.6d_ 62 61 �8 19 i 83 82 a+ --A,r-..._ :7 ,u 56 61 3s 6.0 61 63 65 4js5 60 7J >q Pz, B 56 57 3..9 59 se 57 60 63 59 6� 51 63 65 49 73 91 pIs 63 62 64 642 d2 aaJ m g, 51 is 62 W 39 4i S8 69>j Be„n S) d'? 57 We SB $b 36 6@ 62 - At S7 5� IV _ g7 3561 yb 's Na 19 56 33 SB 5(y �phlr� 9 38 13 i S7 SB SB 59 5j6/ �Qaq; SS S3b8i A4 Ae 56 ,1It; ,(>ta y SIB �T 1 GGv �..t�-vN..w�iytiu� ���_"'Y.r�s'..-re a,�.i.w+wo++r...s_...�:.�.�..�...-�.�..�.. �..... taut--'.r._�w�at.�-rc ... .��., ,�-�-.�MS.��,':..�i Jar... .. ... •. .� .. .��.u�. . —;:--- i lg 2J 41,6 40'p 1—'� — — 'u' `3 Riparian >s > a " _ — — _b; — _ 4v> and 15' 2.g 7.5 >-0 � aaj — B.p )i 68975 74 J> aJ I r 6%ACfa'RjAt of Way Tax Parcel Boundary yyJ 31 _ QOEEREO NOTES 1 FOR ENORONNENTAL PE If' IG ONL 1-127 N 6@�OR SURVEYED OR: RING --_ — Sf4 ? R>SF F It F. IIJFORMRTIOIJ PROVIDED E"OTHERS -- --- r Sa _ 1020-ERF_ F NO N 18 TAX PARC E LS FROM NC. ONEM:P. _ 4 404'AS TLAND LINE APPRO'iED• eNS-COE 4-1 2020 -' '�- _ — — — 55 5 _ _ COASTAL 'At TLAND AI401ICREA %L HI [iH 7VATEP. SINES APPROVED el OCAI E•2-20b2 -- -- •_, — �- — — 3..4 5 MARBJA DATA COLLECTED R' TI COSTAL OH JUL\ LW 8 27 M21 AND RE -RESENT C040ITIONSAT TI AT HViIE _ . ENTRANCE/HAIIIIEL DiTA COLLECTED BY TICO�ST-L Of'4 LY 2E 32t?021 AND REPRESENT COHOITIONB TTHAT TIME 8. HORIZONTALEMTUM' NC STATE PLANE ZONE 3200.NA083110311 SURVEYfEE I. 9. VERTICAL DATUM. MLVI CONVE RTE D E ROM NAV088 VSING THE VALUE 244 AS TV I.tA POLY 865912010L-TT d r'JI(APE TEAR RX R' N VACMINGTON, NC I _ -- L�u�n� — 10, SOUNDINGS ARE IXPRE.SSEL: AS Of ✓H'S IN FEET AND L NPI'•. _ IVH k21 ,A l 0 1, 75'•AEC 4 ; ' .I 30, CAMA Buffer �f1 V 1y yJ �J` e✓• N� sm~ 0 ryry J N 1+� b N4,J UN J.N�NNy J ✓yR bt •'p N N J � . J'R 'f Y, `•V �b'b' �JJ �a yv y JVJ JJJJ� • . JN JYJV yW JS YNy �.a NN oP yr m' m✓ mar• TO bNP P,•vC � •• JyQ.J T. i. Ji'NYN 90 �Sm�J m N �: N~ J J � N' • VJ N,NJ.JJ {rNN 'JN�J p• � Nyc+ JNN. r•J O JYm yore �y c J omQu USAGE Right of Way 'M.-Parcel , . ^'Boundary a 75' AEC - < 30' CAMA Buffer Proposed Ek • j -- J� r" Iw•- A ti b 0 r "TI��O 'N � - r ' WW WINr ;•4 ;a -.p� O`a� N W. ANr.��!,'.JNN NPQ�a� aNN '1' W � NW J.�NCc,"d'rT Te. a•�dN yo^" .�"$a � y .�W Ww5.1Ni O`Or Sb�EpN }^oNNN PyNIPN�O, y .'.10 J� �'�� • �w PW WW �N Nor 1 W NNt j \ �..._ �L .•� N. DN WNJ^��Q 1RNN ^�W Nb .� ' 4'r ''� , N^ NNN NOT. J '1 N N�• yoNpN �' � N bN�P�NmW TJ WN JWr �.. r ^V`NV'N FJ mV M _ - ,. N NN jjN jNb NN•'O iN Proposed Dfedge Boundary Follows, ExispngAccess gjMnn oT NNprsPao . ' To USACE avi Ngation Channel ^ NNS'^^NN 1. T. W NW WN�NNN. ss D^� 1 r IVD' y i - �':A '� J�t��N -•JN 'J Nw �.tibbN ��Ai N� wm1 Wu�.. / .. / WW.WN NDSN� �W Jb p pWnryO.�'L "•;^. Cy NWA b`�Nr W �oSJWV^iJ NVW A. D �.s� �';1G•�j.T �' u.s. `D NWN yWI�C•'Gb DN:Q•JN ♦ NNN� � R. W �E •A r TT �J4P ^TT V Ww:�w•'R NN I' .aA �N J6� • 49 $� 4.6 E9 B4 gB B.0 Z3 $9 Bb p1 39 4.0 9 B3 7 6 `.o W jp.'N rr.e N fO N V/ ) 48 03 7/ E,z .?NWN N ✓r NW Wwb .ytRN. 9 Q6 a2 68 &� --59 T4 n �r BS xS 6! B3 11 > ww NNNb m WW.. w w 9) Sg B� 1 IJ! Y DNu NPP W W N� O !v> 8..1. 8.1 39 \ L'F}A /. o w..J,o. T NNNN•a .,a o 35 .9 > J' 6.9 36.4 3.0 KBEA�.w 6,5 .0 21 Pro osed Area SS tB S7 (-4.2 acres -5 �� 'IS S.q 404 Wetlan7Rne-- �� Coastal Wetland Line-------___ r * r NHW Existing Bulkhead X NOTES , • ./ Iq.� .+ t BASE NLEINFOIRMAFOEFROMQbO'.L MENGINEEPED L;R _iU±•1'EVEC 6RA'.WlJ�: \ BASE FILE IMFORM Tpry GRJVIGED b� LS 1 J 0 ACRE L AND ED+S T EL> Fa IF I a d 4dt VETSEAL V LANLINE . NONVEO ED-L U$Q04' 5 MARINA DATA E BY Ti CCYL LtL tNi COpNDRI'N\ 1TIVF ENTRI JFJMEL DATA CO.LECTEC 021 NCFPF[ FNi s'JOMJN.! _ ill I iIMF S HCRIZCYTALDAT U.NCSTATE L % -ZONC C NAGZ t( 11 URVEYF[tT EVTlr, DGTVPA FALWCO VERTE'1 TRWNA.Ca. LSNS THE VAL OF. ?Ff NR'S'NOAAR U 3f•S91D.l .Ai[:'JN TrvE AID - •. I. - ®® . , J USACE Right of Way - - " Tax Parcel Boundary Y 75' AEC { 30' CAMA Buffer v 3?roposed Drj W i.F ` pP WWWN,.• y � �, - i � •J V W W W,N, W f' \,\ •t `i,. ^Y--6 i n'.nW mNPb. -'c P PQ, C, ,`mJ��mb ,� Z'` .I PN� !r N .f �b�p)m WN �PN Jm W•�m N.p J.-,- 1\ �\. 1� l .D t') WJW �iG J'• n �nm'm�P WN .� \ 1 5g N 4U DUQ' naN No P 1 v w wN .N NNNW a}w�w�a� C M I • rt J. WWNiPmNmW�J � �,• - 1144 bNg WN WW �WpfPN '. JC •��I O`�N .' WJ N •� n N JNO.J J.fm N III,_ NNJ nN�'�GW f_ Propol F3fedga Bourt .R .' `�� • 'IN f• NC rNN O`�am J. '� lNry m NW NW J I a > Y � JN WNyNW•• _ y♦ d Yam.. m N w mNWmy nU' yL W_A JWJ W WYNN:Rw N� �Nn w'd0�1O mrN?J� Vf�9 Y'• �•�W NN..Ory JNb Jb �y R, N,P'yYrF"'wW yYy �W ., yr. �• A p V'i �.i �.f 11�N N� 1.W� �J� �J��a P� NNmJ Vs yl� (_Js Yy1,.1 �'Y ..�'-•.r'Pa-UN �' D '�. VINJ .,N���R .P �' WW.aNN •p�'J •T,(L^. + S M p� TN WNw. YN y'm J� '�J w��J�wMW NNTVN'. l ,p)'t`• : \. ~ • Q.D_ �• T � V J• :P } OQc�/y'1`'V w V' w N 1 �•� AI•Ti N N w ;� V• Q i ry'OP NN.P NN yY" W •'� 3�sb` NNi :P'9s NN. iV N 4 gb yy m N N 6> 4 2.3 S9 59 B 7.8 y. yPn P N w w N ' N N^1N N N w.> S.9 AA 9 1 N ww uA� !N'u a�JJ N > 73 64 w N'P N .7 7.0 4.8 72 9 NAP WNm iW WNN @3 7.4 6.2 l�7 d -. =0 6 NN�N W' j<NV c'a �yw iP Bi A _T N oJm 9J 85 by &g Bi es 5.8 g:i ?s 86 RA j.8 .NWVJ 1� wYI'',P'�mc s,R' B.1 19 i"R `� �- �.;. .R We W Ny -� a 3..5 yW NN N ) v 77 3� 32 rit 6.49 31 ,. `t' �� X D�, 'man .N 6.5 286.2 ` 60 2e pfOlAdSed Area. D '�a,w mD ww nm'Wn ww W„'D 5.9 9 6.0 ry mac-. m. ww �,wWa 5.7 (-4.2 acres o 5 =.'� v o`> ° �N. ='m Y Po'. S.S � f?,O•.0m v.N J. W WW'y�e,A5.5 ^... 404 Wetlani3 Line Coastal Wetland Line NHW 1 <%' `Y ? 1 Existing Bulkhead ..NOTES _44 I FOR ENMK;rIMENFALPERMI7TING0NIY NOTANFNGINEEREOORSVRp VFDDRAVMNG EASE FILE INFORMATION PROVIDED BY OTHERS 3 2C20 AERIAL AND 201& TAx PARCELS FROM ❑CDNLMnP e 404N.ETL ND LINE•PPROVED BY USACOE<.1. 020 5 COAST LMETL TID AND NCRMAL MGM RATER LIN•S APPROVED BY MIA 0. MARIN- O.TA COLLECTED BY TI COASTAL ONJU_Y 26 S:T 2C2'.ALREPRESEN1 CTNMONs TTH.A'TINIE CNTRACE CHi,NCLZATACOLULCTECBY TI COASTAL DN JULY-S 202, AND REPRESENT C011D1n6JNe AT TH•T TIME ' B RORIZCNTALDATNA: NC STATE 'LANE ZONE3:00 MADBTI Cl L-RVE•FEET •V -` VERTIYAL NT' 0A MON CONVEPIED FTOM NAVDlla SING THE Vd iL } 11, . f)l INS D B. NUSA A 4 1' g(Cy l; p LtH'A-L P Jry p.F ' Di CA Buffer 75' Al� ram/ . � '.r� g ] I 66 Tax Parcel oundary , 3ED SPOIL 4,L AREA % Lem: STING BUCKET TO 134�GE 1c, DISPOSAL AREA (0. 7.4 AC.) A INLET PIPE EARTHEN BERM '� �\ ���� G\ J. 4v 404 Wetland Line of NHVV 4Coastal Wetland Lire i CONTRACTOR WILL USE TEMPORARY HOPE PIPING `AMEN CONNE I INLET OWLETTir NO TEMPORARY OR I IMPACTS TO WETLANDS ARE i $.- TEMPORARY BAFFLES WLL BE Ii i SPOIL MATERIAL AWAY FROM OUTLET PIPE 4 QJTFALL OCCURRING \MTLIIN F -SIN WALL Ui IZE 4 SILT CURTAIN TO CONTP 7L Si Temporary HDPE Outlet Pipe 404 Wetland Boundary e� NOTES. 1. DREDGE CONTRACTOR 1MEL USE TEMPORARY HDPE PIPING WHEN CONNECTIN TO INLET I OUTLET 2. NO TEMPORARY OR PERMANENT IMPACTS TO WETLANDS ARE PROPOSEt� 3. TEMPORARY BAFFLES WILL BE INSTALLED TO ROUTE SPOIL MA7ERIALAY FROM OUTLET PIPE. 4. OUTFALL OCCURRING WITHIN BASIN WILL UTILIZE A SILT CURTAIN TO CO TROL SEDIMENT. Outlet Pipe s \ \\\\\\\ Temporary 0 10 20 40 s • • •. /. .w aa -Tax �arcel Boundary 75AECJ Existing Bulkhead 2 �... •...D..Boundary . __.: 5 10 115 uj 20 �wwwwwwwwwwwwwi [Ilwwwwwwwwwwwwwwwww� �www�wwwwwwwwww�wwwwwwww wwwwwww. �wwwwwwwwwwwww�•Iwwwwwwwww�iwwwwwww� �ww�ww�wwwwwwwwwwwwwwwww wwwwwww �www��wwwwwwww�•/wl�wwwwwwwwwww�w�w� �wwwwwwwwwww�wwwwwwwwwwwwwwwwwww� �/�ww�ww�1/�wl�wwwlwwlwilwlnl�/w:li1'rl�wilw iwl�lwwi!l�l�w�nwl��wil� ��wwwwwwwwwwwwwwww�uww�wr�lr�l�l�wwwwwww� �www��wwwwwwww�•aw�wwwwwww�wwww�ww� �wwwwwwwwwwwwwwww�wwwwwwwwwwwwww� �www�ww���r��l���www��wii��r•_T+w+�r�s.�r!+.�wwww�wliwwwwni! �wwwwwwwwwwwww�aw���/.xaw�w/ew111/r•wwwwwwwwwwww� �wwwwwwwwwwwwwwwl� ""'•,.,•'-"""''.""""'—la�w�ar�wwwwwwwwww� KM �wwww�wwwww ww��1w wwwwwww ww wwww I . wwwwwwilllwwwwwwwwww r . :. I• r r DredgeProposed ��� . 1 , r ■ 5 6 10 To r 20 ■wwwwwwwwwwwwwwww�w w��� �wwwwww�•lwwwwwwwwwwww w��� �w ww�wW �wwwwwwwwwwwwwwwwwww w��� ■w wwww �www�ww�:/wwwwwwwwwwwwww�w� ■ wwww!• �wwww�wwwwwwwwwwwwwwwww�� �w wwww �wuw�www��w�1lr,:;,•�wwwi���ii��� wl1= ww!!�lwlrl:;; wwww iwwwww sawww�w�� ww ww��i� � MEN wwws www wwwwwwl w��lca>s ��:� . �!� ■ wwww �/fi/i :Ii%i.ri/ii1/;aw�i�i���;"!iJiiii:/r/ r Legend Existing Bulkhead Appx. Normal High Water ---------- Buffer ---------- u i�.1w w w► i�- VI %f/ /..././fJi:f;'O:;%/f/�/' /i�i///%"/;;l%'3//J; ii�%/'"?f�/J�:�;�:��,/J i%a��u�' J/%/�%•%l�%ii�/ j�iym �� , . . .. a .. NOTES 2 BASE FILE INFORMATION 3 MARINA DATA COLLECTED BY n COASTAL ON JULY 26 & 27 2021 AND REPRESENT CONDITIONS 4 ENTRANCE CHANNEL DATA COLLECTED COASTAL ON JULY 26 & 27 2021 AND REPRESENT CONDITIONS AT THAT TIME 5. HORIZONTAL DATUM. K STATE PLANE .' r• C VERTICAL DATUM:MLW CONVERTED FROM NAV099 USING THEVALUE 2.44 ASDEfINED BY NO" SOUY 8658120 LOCATEDONTHE CAPE FEARRWER IN WILMINGTON, NC SOUNDINGS30'CAMA ■ i a ■ l�wwwlk � /;✓/�'ii/.� !ww C . :, •I Resource Group T.1- Wilminglan Nodh Caroline 28402 Profile View B 12) w_ w ., r C WsersW 00NOesktop%WAmnBlon Manne Center Basin Maint DreJW hW RipRa :. .. .�.KI _ 41>_. I r I I :r . r r rl r l . r r r r -. r r r :r r •.. rr I r I , . /wl�/i�����//�����[!/i./1�:1:�•:I������.lii/��////�.iwl/�i����ii���/ wit I��:Gi, ��ii/ l , :r r :r •I .r , r r r I :. I :r . r Existing '/�i�/J/ MWON//100/!!/.,!!!/,1//.//,.JG�,/%%//ff//O///��/%/..,,,//%/'„�......% f ..%"iiil/i/i%:;l// i/ %%%// :, •r rr . r r , . .r r :l •, .. r . INFORMATIONLegend NOTES Existing mrpndp I FOR 2 BASE FILE , 3 MARINA DATA COLLECTED BY TI COASTAL ON JULY 26 & 27 2021 AND REPRESENT CONDITION$ AT CONDITIONSExisting Bulkhead Appx. Normal High Water ---------- 4 ENTRANCE CHANNEL DATA COLLECTED BY TI COASTAL ON JULY 26 4 27 2021 AND REPRESENT iRG!CWO! 5 HORIZONTAL DATUW NC STATE PLANE ZONE 3200, NAD83 (2011) SURVEY FEET. 30'CAMA Buffer ---------- 6 VERTICAL DATUM: MLW CONVERTED FROM NAVD88 USING THE VALUE 2 44 AS DEFINED BY ROM BODY 8658120 LOCATED ON THE CAPE FEAR RIVER IN WILMINGTON. NC. =5 AEC ---------- 7. SOUNDINGS ARE EXPRESSED AS MPTHS IN FEET AND TENTHS C \UsenWd0 WOesklop�Wlminglon M nne Cenlrr arm MNM redge. A113 amiiii-w4,)(] • .-.. ,.-r LP c .+ f�����•..r; Wit. �r--_ r:.�r;::;= .��i iia:7J�A•�Al����i86:is1�����w���i, �������b�i�i: i�i�n����iw•����ii����w•��������w_��w_�w•i �Y;Clip r_��ii����w•�����wi•.l�w•�������i sit 2 Proposed ��� ��� �aProposed 0�00�0 7 NLW :t :t tt t t ., , .. . :� 4J00 t V my BulkheadI FOR ENVIRONMENTAL PERMITTING ONLY NOT AN ENGINEERED OR SURVEYED DRAWING DA Mmington Marine Center 2 BASE FNUE INFORMATION PROVIDED BY OTHERS Maintenance Dredging Existing job Niwl .,. ® .- ,'x. Normal High Water ---------- 4 ENTRANCE CHANNEL -�. . CONesourceDITIONS Group 75''CAMA Buffer ---------- 5 HORIZONTAL DATUM: NC STATE PLANE - 6 VERTICAL DATUM: MLW CONVERTED , • LOCATEDM NAVDIIS USING THE VALUE 2." AS DEFINED BY NOU ROILY 86SBI20 , , SOUNUINGS ARE EXPRESSED AS DEPTHS IN FEET AND TENTHS ITl M C Wserstwd0009tDesktoptNdlmel Marine Center Basin Main Drenge.Ewg i. 21112"7 2]•n 1517079 ,no .In.) .100) .eytnnll oziao 10.1 %23412325 Y 151141 -no aA Su 1RD 'i)o ZRI so 9) xa n•w i) iI 11.7 0.1 1U 201 25.) 25.a n.a nA 29.90 23-U DotIa)ANh OeCsnJgh x. 211'Rii 15-M lane, ia1.) 548359 ,no .1.50.1 .100o -50A 0) 4.0 195.5 x 23171a1 Y I5fu921 Sol RD 15V 2nA 5a as 5A ID.0 25D 253 30A n.7 _vv,a Many 25•0) DDL100DNh 3"w af h tWWII 24•n Y 154993 .210A .1700 -h00.1 fai Dll 9lmm'95i 4n1TIn.1 v 1597172 50.0 11 5)3 100.) 15U 2010 Sl 51 00 2}•L9 59 ;) 111 19) 20J 9A foo 25) 3DD C elm Gwv 29,00 A 100A qh ommi2oo Rh WILMINGTON MARINE CENTER Ti— o a sta l n..nas CANE FEAR RIVER eo�.erale� NEW NANOVER COUNTY, NC .,n CONDITION SURVEY TI Coastal Services, Inc. 1n)-9 N. Gre,n M.acowx O.Ive W,i,n�nBr on�NC llalla CROSS SECTIONS MARINA 23+50 to 25+00 9foezl. use R 21111ail 2n) bnL+ '655 f 23171:i5 Y 151913e v 151W)l AOA .150.0 .100:7 -Su 13 Me ly,I 'ill n0) 5, so )d OA 2e•5o 5o i) �J N0 l0o 23A hA )oil 1 1 1n0 Enrnz JWatO 0BL'003ith 24-W Daxnn)it Q N r N v > W Z G ci MAY 2 0 202? 1 xorumtal Datum. NC Hate Ybne -Iwe 3}Dp, xNW i 1]01I I. Wrvty feN } Vencal Not do MlW convected front n t NAVM using the valcad as claimed he Horizontal Scale xoNn=e9setzo located on Ile, C., Fear Nxn no Wam.¢m. NC } Manna eata'dkc1N Ey II Cuxal nn IUIY }66 }1. 10}I and rtOreunt [aMrtms at e.le: 1'�100' a Ennncecchannelad. Nnee the n Cwsbl an xavember It, }oa am represent`Mol. IN.hame Vertical Scale I ndh;.,edowouEoPsmlea and tenths fr�' Lam M20decaiel downloaded no. N<Deakin, des Mn (,hence CNnnntl Jmry Ic.b:t"old' OWV(Y pAl'L: AO NOTOOAOOK vNe OI10: Nnw.nOn 112011t OCAlO 1' • AO ONOIM SNM: 12" 13 0 N W O N ? A 2119117 19'33 .Iap1 A)] latent, 224,5 x23W33)5 A21171133 I)'s3 Lary, A1) Anna 2215 xA151111 AM)Mn.) 2).)) :n,l. A3.1 floral ass (21103B I'S'33' I Y 15033.1 .2'!.) .1530 tAD $33 )D m.o 10)A Ali 2%D QO Y 15iM31 Y 15nll.1 Into .150D d300 .501 )) mD 'WD Istj w 30 5] Y 1501)1 Y 15c51) 1210.3 .150A .,AJ -m.) )0 501 1033 1003 AND .5D so M W N U Z LU .51 Oil 0.0 11 9) 1u ),1 W7p 13.50 4.11 U 53 5) SJ 5:1 i] 91 4) a) 1)) .31 „ 'S] 15.3 till 1s1 15,3 s) of 20.0 211A A) AI MJ P;] 25.0 25D 251 15A 25J 25.1 1 ]OD SIJ 30.D 311 ADDl0A E1,s,w..a.,el MINDFtF 13.)) 01,10,21pi, EXrrOC1in- OAL I002NF 19'51 SntlI Madd Enrara Cnamtl DBL100.0 kF A-4 Dial ILlA73i M.m Onto, .) r 1518/5.9 201.0 .ImO .qOD al 90 An1naF 221.3 x 2318144 Y 'S17A3 ml ID)D 1530 A).) fi0 d0 3.3 343 Him 5.) so 11) ,v 110 13 A.0 M3 50 25 0A 0.0 EVMx era^rel M.m OBL'OOAkF 7nFz)1YF x A17122A 2A0) Le1y)1. INA Y-151)n] as AAA .t01) ,5p.0 AD Arnim 2110 xBIWA Y ISn165 mA 100.0 150.0 20W) 3.0 o.) do Do 22.m so s0 1D 1) 160 151 A.0 20.1 s.0 25.3 m.0 30.0 c. n,x',nanrel 22,1) DBL 100o F. In )WIMD°'.F x 23171213 211)) Y 151noA 4W3 .150D -1000 Lagn M)1 Ad1aa IN.A x 2317511 Y-1511911 301 0:1 AD INA tSol 2WA SD 3A 39 10 SD New 10 111 03 ao ISo NJ 2" fi J 2fA 301 3" Eros-<CwW 21.D1 WL INopt F ondhA)i1.la x 23111197 22Im 'I.151WA .AOD 4500 -NA] Lop 2011 ANNA, W9A xA11t91/ a''. ISM7 SOD 70 ADD WW1 150A 200.0 SA 5.0 OD OA 2Nm so so 19A 13.0 ISo So NO 2D0 DAD 251 J0.0 Enaala oUsal A.m 30 201FIs LI ]avMM>i1w x 2317156.) 21.53 Lagn 2N3 Y 1516511 -moo .1500 -t00D .mD 9J SA Adi NC5 4.21171t5.. Y.+51EW.I 500 1103 Ii09 20.0 5) 33 P) 21.5o sA 5 J WD ul 8D Is AD AJ BJ 253 30.0 NJ Baanuouma 21•M 09L 130.0"no ont N)r.F x. 2517132.5 Ili Y IRMA Mo -INA -ISO Uy►n3,0 bnw 1512 x23112311 Y.1slm1) mA JD 5" W00 1510 2000. 0J 19 1 new s0 mA 100 153 150 20.0 no 25.) 250 DJ )0.0 Ewee C,a,r1 23-35 NA ISDRF Dohn3Flw MAY 2 0 207 TXOMh TIX-olastal -- TI Coastal SUMCae, Inc. Dave X, c,a.n rr.aeo... da.. aWlmmr..n. Mc 281ps a+o.aa+. uss Vitl adnih. cnor.,aen' W►LM►NGTON MARINE CENTER CAPE FEAR RIVER NEW NANOVER COUNTY, NC Horizontal Scale IYmO huftMinnlo,atN!DemruWmuslry+w.aW.zua, eefin.ew Ve iic l+atau IALW - .ana laM3 nemsrvad.. wn•Y aMi p 968a1DIIXa1 don lM1 Cape Fear 9i min WilmlMaon. NC 3Manna aaa.Ai es OCon11l an lub N a 11. 2021 and monum wroronsM tnanme. ".D.-Cr manna aa.,o0.aaa ncaauamnne.amFV IL ra2l and e,am harre �Ja„nna.....Old asmnael,,,a.apntaraa,Npm,mfearneh,Mtap1M s m srmiwpamaaeaJ FIXn nc a, Ip I am MIMC 211112 OC•xtra.,rr threat army •'•1•1+"'+dd' Vortical Scala o- �uM:11^SO, CONDITION SURVEY CROSS SECTIONS MARINA 19+00 to 23+00 •Mn••r�R�••Mar•^��•• •�^�••°^�a-�-1•'241, rcwae: l^. a saoWM e11nr: 12 or 13 r t � U o W N Q M = k 211idn1 14.59 Ldga ES.) An*m-+a] 32JI65339 311tiin3 15-n LM7n lu.] innlm 2256 kn155di 3IM31 .1 R.S7 lMifr E».1 WIM Ent k21+559t1 W Vy cC Y 1-2010 Y 15511i' r t-no V 155+)i6 Y ISSnl9 v 155171.i U L .E07.p a59.0 .100.0 .SOA 00 500 t01A 15JA 20Jd i00.0 -+iJ.1 -114.0 570 1J S0.7 1039 150A 2o0D AJJ +3JA 100A dO.J 00 k.0 +00.J 150.0 2000 W Z 1 .ip .Sil �$J dJ -S.] �So 00 to OA 13 )7 79 3A.50 tS.D + 5o SA 53 5] >] 50 1J.1 13.1 i]] 0) ']l 13.3 IS.1 li.] 'SJ 15) 153 20.0 AJ nJ 203 IR 20.0 25J 25) 25.0 250 no 25A 0):I too so 303 too No :. N`d lmnd pBL l0J.0 RF E.+.:a^:e ^a+'a. 08,100141, EArma Pond OILVID" 14.53 0a0120ARF I1$rn 0.ON)RI, IS-W "WR31 L'23IM6 la•J7 Lvp DJJ.7 r 1551916 910 d50.J .IOOA .i0.0 03 ANne. Z212 323166J05 Y 1550643 50.) VID ISOA 20D 40 d0 0A 00 t6.00 sA sfl Ito 1 lu 5p 20.9 Zu 25.0 E5o 3to 30A Emma MYmee Woo M LIBOARF DION.ORF kn10795 11.50 Y: ISM.9 Mo AM -Ia0 Lvgm 200:7 Go, 323161305 Y 1515525 o7A 00 509 IOOA 15 o 2000 5.0 50 OA OA I/.Sp SA to W 131 15A lit 20.0 ffi0 2U no a.M too EtaY,LC,Mre 12.5) +Ja 'Do ARIn 30m, 231RF VeRluaOtlum TI Csnrmlen NaN� TO Coastal Services, Inc. 312-E N. Oernn Yeeeen, Otlre MlnnlnEmn. XC 3E10S E10.E21.131, X 843123 16.50 Unto n1.7 Y1551E03 A03 .1500 .qu at at AOM 2282 3 23,z B `' ISM) A3 Is 1501 AOA SA b0 0.0 ) 16.N 5.0 13 10.) n Ito 150 aA nJ 251 nA 0.0 30A 3oM IS,fl ISam R MIOpOFlin ]eF n.]-lF X23169123 +d•00 teiyn.m AXxEi. 2211 kn161M.8 Y: Isms Y. IS49151 .EOOJ .,500 -1000 S o 0t 50.3 1010 1501 Ado 50 5.0 lJ 0.0 IF(M SA 50 IV 9) 155 mo nJ 200 25) 25.0 n.o o J EN13n:e4^an,q Oa I 4-30 TaN),thn nA RF WILMINGTON MARINE CENTER CAPE FEAR RIVER NEW HANOVER COUNTY, NC CONDITION SURVEY CROSS SECTIONS MARINA 14+50 to 18+50 3 1315314.1 17-D Y 1551231 AOOJ �15)3 -190A 63 LKO 211:3 ANW0 2A X 1 n Y 1SM7 -%3 OA 500 1000 1360 M3 do )o 0.) 11.01 i0 59 9A 113 do 200 20) 250 5J 300 NJ E+Mra UEmd 17-00 OB1100.3 Ron O1c01n7RF X231emo I8.50 Y 155016.1 000J d5H IOU .Xga fool Ja",U45 kl7ta0J15 Y 151915 -500 03 wo 100.0 IKO MA SO 6p 3) A E 50 A 13) 1)J 150 so no no 250 25J 300 U.0 Emr+e :^m^d 13-0 ML IXJFtN Oe2nn)RF Horizontal Seale 6pR5� Fn.T Vertical Scale lub: Y r EO' MAY 2 0 202e1 I x«Vanlal OMum: nC Aeu vlwe Zone 3200, xAM312011). 5u,ver Feel I Vemul Oaavm' Mlw .omeOM bnm nAVou u M the Mlae 2aa as Relined W xoAA Inver alselm i«nM «� me;+ee reM 9hm m wdm,Mlan. xc. 1 Manne Eal. collected Or llCw.lX nn lull Z66 D, 30ZI mOrege,eM c[MR�onu1 eme . FM,lunu mamrcl dau cdk[1ed by x=eaat,l on novemEer 11. 202I and eeprefenl .s S.. rt tNtime 0d.... are em.ce,.coda 2Aenm nle«wadrdIm PICO.Mand eensnR .I vortn RIM NAME: 111112 NMC lMunoA Channel l XMEE SURVEY DAM! AS NOTES AEOVE SCALE: 1' n AS SNOMN 1211i n' ILA Ldym m) • li53112 III _Ino .1003 5).3 Oo Al x 1913 1 23161155 Y 1552111 nA 130) Ina 200.9 .53 00 Io-n SJ ;; 113 .53 15a no 11) no 253 m UA E+Cdla'nn=tl Il.lp � OR Ink Fi b 7aT n.0Flln 12)un15.1 Il.n .spd M0.l Y ISSWIJ �mo •tn0 -100.0 50.0 00 AFFNA, IN3 9DION) r ISinto 50.0 102➢ Ina ilOA SA 03 0.0 10 11.n ko 10.➢ n �5) 5.0 nA n) 250 na 35.0 111 !ad:a Gn^el 19L 1000P.0 X n151)8 ) 1" r: 155364.3 -2W4 .1500 .1000 Ldpq no 2Jn10,134.1 Rnl&21.) r 1S5120d 500 00 $0.0 1no noo 2003. 5.0 i0 BA ]D 1Ln 50 So MA 15.0 i.0 no 133 250 n) '00 W 13•)3 ]WS n.OFlh T TI -, oastal """" �... ... TI Coastal Services, Inc. 351.8 N. a .... ... "`-Onr. WIImIn9e.n, Ne 28406 910.821.15S5 1ntQns 1)''t Y 1551199 SnA 15)3 1JOo Ley..+2U.) .1tn•.:' 19)) O'2)161%3 Y,n2103 50:] ]J 51.0 *33 ISU 2nA 50 53 )) U vNn 50 SA I]] 6] li] t5J nJ 204 253 i50 n0 n.0 :swCafrN ILn 3n t00.3 tti 6inAFtln x 21163210 12.11 ISO M) Y 1553U.1 Sn7 -,nil .noi .503 00 ad"Uh IN, x 21,SU13 41$1947 W IOU 1soa n00 50 5] 00 d.J 12 00 U 5.0 1l0 IJ) no 150 no 20 25.0 nil 30.0 30.0 Eft"Cl'Eadi I7-30 Oa?O.o PI OWllnlM IL23IM2 'Ln Y. ISM -01 .1510 -10W LE12d n0) k2duh INN K2311283 Y: 1551502 .nA 10 501 t00➢ Ink 2001 So -5A 00 0.0 1Ln 5.0 iA too IS) t50 1SA 200 a➢ no no n0 nA EWEUCN" 1Ln DL 1n0FI% DwhM)PI, WILMINGTON MARINE CENTER CAPE FEAR RIVER NEW HANOVER COUNTY, NC CONDITION SURVEY CROSS SECTIONS MARINA 10+00 to 14+00 An15265.3 It." -2n) .1133 .,O).0 LM;f,. n)) Nmlf ,ili lnlSiul 5).) 03 50.3 nol Ina ZAo i0 .53 II 5) il.p7 Ill O) li) n9 nd 25) 250 n:2 No ErnnJL+m+d II+II DiL I30.1RM Rz2o]Pb 1 231611213 1 r 153763 +2001) -nu 50 Lanb nl.) +bM, IN, c21151fl5 YIn145 .100.0 -nA 00 n0 1o0o fill 2no 5➢ 00 TT ]0 53 12•n so l) 131 150 no no 25) 25] nil UJ Ewr.a flV"!el u-so 0BL too ]itha Il.x+n)ae x 211n312 11.w r 15530.0 AOo -150.o -to" 50 LISP 230.0 Flxaa 1911 knimu r 15514U 50.0 0A 50.0 100A 1500 2L0➢ 5) 00 oA 50 a 00 so III no 160 ,so 200 no 25) 250 n0 no E"P+ Clwrd UTA OBLWJM Bs21AM ` WN U W ir o_ M � Z -' U = U MAY 2 0 2022 I H-,,- OaWm.xcx,te Plane . I.. I..N.N5312ou 1.%rve, Feet Horizontal Scale2"`n..I rNInm MLwrmrmee 1,nmx/,vOYo,F,Slne rN,e)w asleuneaa NO M W1126 xam,he c.pe Fe,r nxer n W,1,mn51dn. xe 1.i M,nn, eaa cdkaee, T. cw,In On 111, 26 121, Mn 310 reawa. <mOnwm aI x..1.: r.1 k• ronterh . [muntt mantel data 01knM dY It coarul p„ rvovemder u. 2u21 ana.ewexnl onezn., H mH I - Vertical Scale iiim .. dwo HAaC 211112 ERIC EM .... SURVEY PAM AS NOME"OUR SCALE: 1• . AS SHOWN leeune lenlh, a 21'S'M S•m !NIp12m] 'i9li, 2 i) .150.7 .100.0 ao 30 met' 17)) L 2315,317 Y 153235 503 100.1 1S, 20D i -So OD S-m SD .53 45.3 20.0 21) 25A 25:) 30D A0 _:vj,, ,... N 5,53 0& 100A RI, Oedh 291:1h k2349569 1•A v.'5502 -207.0 .I511 4ODA Let" gal Zan m lJ95 9 231s m9 r 1552292 -SID 04 mA IRO 15" 200.3 SO 43 DO 0 -00 SD 50 101 Q..) 15:1 153 AO 21.•3 254 250 WO 10o EMnaCh3aMl 4)1 DOL tOo.ORF DW29.)Rh A 211N192 3.50 Ln3h 200.) v 155R1.1 -no d500 .1000 .5D.O 09 Anew, i&] x231Sa9.J Y 155W3 SOD Im 'SOA 2D04 -i0 h.0 1 1 A 04 ).o O•m SD 5.0 pA 13J .50 do 20A ?a 25D 250 A A A I A A A A I A A IAD pp Emm �nnrN 3.57 OR too .0R h DeaSAARh 3 Vertl[al O.fYrp c.ne.rn.n Ylwµ TI Coastal Services, Inc. ds>a N. aw.n N..dnw. on. Wllminpraw• Nc SIIOS no.ppl.upd k 23-575D Y30 Law 2a.3 r Ii512t1 d00.3 .IS0.7 .100 h00 77 umrn 173.1 CA,57535 Y I%W4 S7.0 IOTA 1910 2LA 33 .So 31 30 6.00 131 ll 'S.) '51 2) ) 20.0 251 2SA ll 1 300 E+tmxC+nnN 5.0) 0M I00.JR0 DOM 20.3 R1n k 1 X3 >.m Loopy 2U.7 T: 15430., -al .150.0 .1000 .5D.O JA mrom. 129.1 1 231939S Y 1m73O.1 SOD ADD..) 1%3 m -51 .50 F I I I I I A I A I A A OD A I F A I I I A I I F 17 7.50 SO i:l p.) x37 1S0 III no 200 253 253 )DoA A A300 Ent.Chanatl i•o OR AO.ORF DF0217FLF 12316066.3 3100 Lpylh. All Y. 150122e 003 -1302 400.0 a JD Andy IM3 k2316W Y. ISMS 50.0 1e0 11 2000 5.0 5D 7A BA 9•A SA SO 10.3 13.) ISO l5D n0 AD 259 T7 A.0 No Ensnu Orvl FA DBLIDURh 0002upd, WILMINGTON MARINE CENTER CAPE FEAR RIVER NEW HANOVER COUNTY. NC CONDITION SURVEY CROSS SECTIONS MARINA 5+50 to 9+50 W 7 k n150)BJ 5.5) Y ISMS .ADD aA0 .IA.J 31 .xj12)1.7 9nnm'733 S2115Bm5 Y Ii5m3 m.1 0..0 m0 IA0 ISOD a i) 30 )� 51 5.m ii IiJ 'S1 Ad n3 n3 2s0 )0 ] Y 0 EmnxC+3+.N 5-m DBL 1]O]RF De>b A)RF A 2115156.3 3-)] Y ISm710 �2000 .1510 4D10 SA .,1, 2)1] b+nh 17D] 523159m5 v '501.1 303 0.0 m0 f000 1503 2030 30 03 )0 51 0•00 50 113 17 151 ) 51 no no 25) 250 30.0 300 : 4.o r.nnry) 3-10 DBL 1000Ftin Dnm2311IF 123161153 9•SO T 1554,05 -no .Im.3 .1000 g0 o-0 2013 A" 189.3 12311 T IS52W .51.0 00 mil 1003 1500 DODD 3o 00 30 5A 9'm 5,0 10.3 135 150 so ;?Do mo 2 A 25 300 )0A Eds'a 1, v 9-SO OB11000 RF Dea WRI, Horizontal Scale w. Vertical Scale M 5Z� MAY 20 7022 I xeruolal0al.am: xc une Plane2one 32p0, NAM)120111, Sarver feel 2 Vey( al pawm MLw <amMea xan nRVOea udy me wlue 2 ae n eennee tr/ NI Wor %6 120 xenM m the cape Feu Noer m Wdmmeon. nt. 3 Marne data <olletted be It Costal on Juan 26 d. 27. A121 And .e......I F.dmona at In., lme J F.111we INnnel data 1.1k11M br 11 Cw..1 on "--obey 11. 2021 and regetwo • dwon, at that Fee. l 4oued.Mt an....ned., de,hI.n feet and I-th, 9 0M 21'525' 3 'd1 Fir" 2301 Amt v 15)A x 231071 155in1 Y 15031 -E:] .15)) -1)I .50A OJ i?A 130.0 1500 40A 40 AD 0 I•'a w 5] %J o I •,) +sa aA pg 2SD 25] 0.3 J A jnY3'A.•.n3nPo •.)3 E&1p)DRh 7exn29.iRh K OUST t 1. ISW33 ba.l -150A na0a byD M] k..a11n.) An15A))0 Y 1552233 .50.1 00 50.0 IOJA 150.0 2001 bD S.7 J] :•w 50 5J 15.0 'S,J nA 201 23A n7 30A ID) E,vanaPnl/ 2-50 DR 10001111, D9'hnAR.he k 2315556.0 e400 leytll DID.) Anne. 173.0 K 2315MI Y 155123A Y 15010 .200.0 .I50J .I002 -500 00 Wo 100.0 1504 203d SA .50 aD JA A-0p SA 5] 11a 1A'3 15.0 q3 aA nn 250 25.0 nA x: Ev,yEeC; Tnl OIA 100.0RI, n1E D ORMAN Ti 4-Coastal °�::� �.,,In TI Coastal Serv/cot, Inc. vats M. G_.n ...a.. Pa.. Mein,.., KC llbt 910.121.13" A BIWA lryg 2M 11514273 400.0 .150.0 .100.0 >:) 0l A~ .313 x n15)T.I Y ISgnl U] 100] 1503 M Al .53 I) 00 v sA 1)) q) 151 20.0 A I 25) 253 n0 70] Envaw7anyl I.SO Od 1001Rh lean n]Rh x 2315457.1 1.)) Lear nO) Y. Iww 12700 .1300 AW b0a 0) b.o A0W0167.) X231515)3 Y 155323.3 S0.0 100.) 150.3 200.0 SA 30 Oa 50 SA 10D +).J 150 150 213 7A0 250 AD n o 30D EnixescherM 3-30 EBl 10031`I1, JmNn)Fth x2319M 9.50 Unp AJO.J YISIn7 mi _1502 .1010 MA 1) klma 1790 K 231M2 Y. I3j 500 100A 150.0 2014 SO 4.0 0O 0.0 nip 30 5.0 va R] ISO 150 203 nA 25:) 251 301 30.0 Em,arceGb+W 1.53 OBL IOODR It 3n iRh WILMINGTON MARINE CENTER CAFE FEAR RIVER NEW HANOVER COUNTY, NC CONDITION SURVEY CROSS SECTIONS MARINA 1+00 to 5+00 x 7115757) 2•)) -wo 2w 3 15w) I A7J 511 .1030 b):) JA w A" 1133 K 211557) + Rftn) 000 +00.0 150.) 2J)0 53 1] 10 2^00 IJ m o) 15) NJ n3 i J 25.1 n] A13 CrA1y, GTM :m Ev )) FIh Dreys n )Yh K 23155)/.1 3,53 '.en1h 2)13 Y 15501 MA .1510 400.0 -50.3 00 SD -31.) 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ITN!! •'MYIF ... `NA .Si, DAN +AN .ISn ..y.. 1'Ulu �Q.e )]\n'H •'inAN .., "x% HlA Is A.A .qx N N /V 1 W O N r'Y^in 'f" tpi v , : A •• ! \)4PP ••• ..ON :Ns In nSN J!it .5x :n an Cx :.4 •A > W GV =CC U G W Z 51 LL A .SA an ar :31 :A - IN in 5x Sn in H4 SN sn On fN N1 'iL r,•• 1N _ :LA, ro-A1`le" ll';i i,'1:3.Wn=n r%xph "Ni•w :i. iunir a.M ywv g 3.:6A1r YrzI W N t LY"4 P39N ff. IDA Sa afn AM a); in :n it sN e D ISM ,in tl; Yx•a A.91NnF 1.• ••l t•.. .rT a � J 1 A]] 1'xu'3 IslziN "I all a•n S_, )x nR ax ax :x an A IA to n laD LSD SA }I;ry L..N 112n :3.YAx�F n 1 V{n :Iy Z+Yeil l,J •f I'SIIAn Iva; A lx 'A» tnn MA A)A acn Dx an ex in IN I:v I I!n MS NnH.MNa.Y :sA ril:n A WAS,ya n.J . .�..A Y'SWB 'UnI1i lY 'Tn NA N» LKA 11, i% I:: -x in A [I Ul in lax n-NN+N annN9l CHI Y I •M In I. f inf fY 'A;.A IN Ann Ann OA ff a:A )x ex aD :H :H N 3x Ns ry ^Ni.N 3H11NiY bn ;mY:YAn t Irp, ln k'UI11 kamc r'wnD ^w, Sn 'i!A AHD » ARE iY NN in 41: a As O Us » nx 'In nx ll^Ni•.F 'AS9H9F r•a trT+I.' a.N 't a. I LDIO �+MI. ._ WN a WN 0.1 5Ak* x AD :N an in O N lax NI YA n:Nil•m nlan9r •x 91' •a. v I Yv '. 'N I'N311•I I Win :x *»» A)A WN LED S= ISM 3I :an x AN im n Sn Sn in x aN xx tl:'Ai..N Yl.dNaiY HN a4}]If.F v,L 4. 114 1211T.11 r'NWII I India )S 'nn Fnn 02 nln ,I), x Cn An n ),n MA in �:x •sn EI'Nix 8➢1HiY 9N Da•rx9r WILMINGTON MARINE CENTER CAPE FEAR RIVERTIX-ioastalNEW HANOVER COUNTY, NC CONDITION SURVEY T/ Coastal Services, Inc. — "'-.yl mar�Maaml.ap,l.e Wllminpfen. NC TIa05 CROSS SECTIONS MARINA 4+00 to 7+50 9f 0.1Tf.1]SA V(I I.I. salts Ila lamm r'w•Sn 'D•nH :x 'HA AND WIN LED :I' ain n ix IN 8» :A In N IA rx H nx n -1-N iu.b D.mnar H'i Jrr C;:ar 1 '•iN. V "V 1'YL': •"DiSc? )nA 1FA Isn my tx a v n ID am 9x E% AN 31'N L.n XAxiY Vn ]RAIP.F Horizontal Scale Suba Vertical Scale E ub: 1"a SO' MAY 2 0 2022 3 Nbambl Waste Nc slet. plug - tone 3". NAa) In• u3. iurveY Aeet I gal palum MlW wnvaRee from NAV a Us, the value] ra as felinre by MOM buaY WSlt al looted on the C,ye Ier Rmr se Wemneon. NC Mum Eata :dktleE b/ nCeaV,l on IUIY )66 P, ID21,M repnfrnl mneAiont,l host". l SMnnce thannel data mlle¢tee by it Caa gal on Nwess el 1 t. 2011 AM Ieplef<nt •mleuan. A In,l ume 4 swwlney m erp:enee n Beans m lem,ng lemur D" NAME: 211112 MIMC Infranp SURVEY DAM. AS NOTIS ANOW SCALE: I --AS SHOMM 1 I ST.x 'Yn'.!as ': 'x» gin SON IS xn 123 I'.4I .. .. .D ). vA'--,. N:rL ;.. -NA Arm IPp T1 .1SX -fj. .ra xs:: av•1 " •'a1M" '.. .: fY .• I.n MP .tam �. nl nl U W O_ > Ji IJ' IM2'• a4P :N lT. Jn t� ui CIA Wy C jr ­) (U :A cp 1A Sn fD fr• __.. _ SD n): ;•3 Y•.b Yb sA 9 Y 6x 2.':1F•ry Y»OJnY ini 19Y .: si Ira 1. .. .`_ Y'1WA3i Ia13S xp ILt! i1 .:n AN IN A IN ,.x NO ISM Y.Y1 I-»S 1Cx'a SFYA?S %.rn-nil 1 Ing I- WD N'+'%Aan ..., 'MA A)"3A1'i A .in m n In dA Ax :A D A SA A I;x no ex Y Ytnxnn +ar 4 rx vas W, '.. I \ 1 'zx .'Spne • iMwm Iln nfx a:A .a.11 Lx eA M M A so A nx n^dx:e RYIMYY l-n arzx.h 1 'swex "a1A.l :S WA YD RD .x.p : Il.a sx at Ln M b x IN m six I-d wrn'�?I• I •spas •'sxnD .ISM nn :m -4n 1D x %A Sn am n n xx n NSA 0'N i:n =n :iNNRIY xnr "Itild YM^G \ as Nal ;A IaD MA an.,) NA 151, a: a< ,> ez 0 D SO L 'IN nx :•s :.'shwa. Irt+_ xvI , JS ON am @p an :f� ISn :A A in a mz Is A nk n:'x Yar D.tmD9Y na nxln^yY r 4M11 ,' .x 'MD A18 AAa +Am f' Si1 Ix r.A As Aa IN D W !D :A s SO x ]Fnn DA.'VI' . D e r •Mea •'Mona lS 'D» .N)1 D)» Wln S^ =sx MD A:a Ab m So SD Iix 'nm G%i-.b 3D)AiY ra xarxrm � .SM"l 1. •iXti JS 'PA t»n 1D» .Am HP 1S 0X a:a .IN it) N m f:A I:x I;Y :m 10 16.313IM r'%!Mn • YI'Yau ... 'PA ]Pp IPP .AP I" d5ti A�J :D AlLD Sn ip se x nx xM a•x =±Y M 'tlYy lsy de YJ 1. t 19i I 'Man "M9' 4 :l: 'AA RD an WD IJ• Iill ea tP :A D Sm lA J' a)DAv Mnxh F. MAY 2 0 ZOL T TI ,, oastal J ---�� TI Coastal Services, Inc. .uv-a as perm a..e.w. on.. a•»m]nye.n, east===== =10.421,1=1= nma oeexu .0 wsn W►LM►NGTON MARINE CENTER HANOVER COUNT NEW NANOVER COUNTY, NC Noytzonta/Seelo r ru' I xuveuasurn as onenbn toNAa M03�10a11. Sa,vea set : vmmal r1a1,m: xrtw<.nwnee Immx=v0NmxDme Wdr z=e n.eexnez nv p..Side loldelOe S1 Coannm INS, A&Came 27.mm wp Warm. xe numaea. <o=en ap ncwanm my ss n,zpza merW.I. ouemo„I• roar rme' a antLeMimo xmAD nme lnnMlx ii'vaxal an Hnmmber ll, IJtl ana nn�^s�,�'. a Sovndi,e" nngetud a. d Whsm bet and tenths s.m tnmx n em l .m Vertical Scale won.: r'am' CONDITION SURVEY CROSS SECTIONS MARINA 0+00 to 3+75 vaaptsal AMM.2 1112donnou Ced ewo xaacnrrvwxe r„m„e. ex.,,,urslx..y =unwyoDrt:unorte asov= am zrDrt: x...mp.e+., ___+ KALIF: Y-AD =NONE saur. = w 13 Color Contour Legend _ P o' i Z. n 3' j 4' all e s 7- m 6' 9' 10• Wilmington Marine Center Volumes to N Basin Lift Well N W Depth (MLW) Volume Lr) Depth (MLW) Volume(CY) ! w 13,594 1 -7 1 1,454 20,538 1 -8 1 1,778 46,8 a 14,882 46, 9� ``-`1 �•P-rift da-�1 '�� � .v NiS 44 46.4 46.2 .. 46 46, ,46. 4;i, 4 .4 43.. 4; 4•. 4 .. try �• � to •'.;'a7a .,.,E •2 , 119. N1 5io0 � I~ TI o a s t a I TI Coastal Services, Inc. e/s/ x. a,... N..aaw. sn+. ,elmI.01.1 NC 21140/ f10ASf.11ff 6.8 6.5 5.9 6.1 6,Q 5:9 -6:8 6 4 _---- -- - 6.1 - .- 6.0 6.0 6,7 6.5 6.1 6.0 6.0 6,7 64 60 6.1 6.0 ' 6.7 6 6.16.1 6.7 6..44 6.1 6,0 g •9 6.7 6.4 6.1 6.1 ` 5'8 6.8 6.5 612 6.1 E 6,8 6.5 6.3 6.1 6 6.8 6.5 .8 6.3 6.1 5 6 6.8 6.6 6.3 62 6 5.7 6.8 6.4 5.8 66 6.3 60 5.9 N1554_006 6.5 6.6 6,1 61 6( 6.6 6:3 6.2 61 &11 bd 6,6 6.3 6,2 6.1 1 6.7 6.3 6,2 60 6.1 6.7 6.2 6.3 6.1 6.0 6,7 6.3 6.3 6.1 6.1 6.7 613 6.4 6.0 6.0 6.9 6.3 6.5 6.0 6.1 6.8 63 6.5 6. 61 6.8 6:3 6.6 6.2 6'1 6.8 613 6,6 6.3 -. 6.8 5A 6:6 63 6.6 6.7 6.4 6.7 70 6.7 6. 6.4 6.7 6.8 0 6.7 6,7 6.4 6.7 6.7 1.0 6.7 6.4 6.8 6.9 6.5 6.9 66 6.4 6.8 68 64 6.9 6.6 6.4 6.9 6'6 6.5 6.9 - 6.6 6.3 6,9 65 6.5 619 6.6 6.3 1.0 6 3 6.4 7.0 6.5 6.4 7�, 63 6.3 6.9 6.5 6.4 66 63 63 6.8 6.4 6,4 6.9 62 60 6.9 6.3 6A 6.9 64 6.1 6.8 6.3 6.4 7.0 64 6.1 6.7 6.3 64 6.8 65 6.2 6.8 6.2 6A 6.9 64 6.3 6.9 6.3 6,5 6.8 6 4 6.3 6.9 6.3 6.4 6:7 64 6.3 6.9 6.2 6,5 GA 6 4 6.3 6.8 6.3 5 6,4 6.3 6.9 6.4 7 _ 6.3 acce "'""�'"�"m ME m:Nfmo Suercey WILMINGTON MARINE CENTER wI.-cruxe P., hmin. ee/inee ny } Ve"'Ma"Nm-Mlwmcnated rmm 1A,-d" CaP FeaMflna+nue]tls "'MaY fn5f1ID, an [ne C Fen nM, :n andmme.n. XC Van,ul earvm WIPE FEAR RIVER I Nn:ea aau Caxaaa b n L..Xa "e X.h ms n, mil and Ia.,eN...afwns N o. 11 Coa hye C......In. NEW HANOVER COUNTY, NC Graphic Scale INI um.. a eenna channel data ,nnKuetry ncami wxmemne. u.maand represent i� vMAuu nllFnme a CONDITION SURVEY f+•1•.I--60 L trout .,ee,,eu a.,a.01n,.feel aM„etn. ..n �y y i s mlo Anniwaa.mwaea n.m ne avu a n, Ir n _ ONG MIfK: i1H/S 1NIC enM1xc. Cnm,ulfv..ry BATHYMETRY & CONTOURS - MARINA feNv[rearez"Nereeaeove am wre: N.-.&.. is, seal 6.5 6.4 6.5 6.4 6.4 6.4 6,4 6.5 6.5 6.5 6.6 6.6 &6 6.6 6.6 6.7 63 6.7 6.7 6.9 6.8 6,8 6,8 6.9 6.7 6.7 6.7 6.7 6.6 6.6 6,6 6.6 6.5 6.5 &4 6.3 63 6.3 6.2 6.3 6.3 6.2 6.3 1 6.1 6.1 6,1 6,0 6.1 6.1 61 6.2 6.3 6.3 6.3 6.4 6.3 6.3 6.4 6.3 6.3 6.3 6.2 6.3 6.3 6.3 6.3 4.3 6.3 6.4 6.4 6.4 64 j4 ,4 6.4 6.3 6.3 6.4 6A 6.4 6.4 6.4 6.4 6.4 6.5 6.4 6.5 GA 6.0 6.0 6.0 61 6.1 6.0 6.1 61 6,1 6.1 62 6.1 61 6.0 6.1 6.2 6.2 6.2 63 6.3 6.4 6.5 6.5 6,6 6.6 6,6 6.7 6,1 6.7 6.8 68 6.9 6.9 7.0 ew 6.9 6.9 7.0 6.8 6.8 6.8 6.7 6. 6. TI Coastal Services, Inc. 3N-1 N. e,... eaneoe+Otln WIImInIIeXNC llapf f+a.ar+.nv e7 w 5.9 5.9 6.0 6.0 6.0 6.0 5.9 5.8 5.8 5.8 5.8 5.7 5.8 5,8 6,1 611 6A 6.1 64 6.0 6.0 6,0 6.1 6.1 6.2 6.3 6.5 6.7 6.8 6.8 6.8 6.6 6.5 63 6.3 6.3 62 6.4 64 6.5 6.4 6.4 6,4 6 6.4 5 64 6.1 5.9 58 5.9 5.9 6.0 5'9 6.0 5.9 60 6.0 5'9 5,9 6.0 59 5.9 6.0 6.0 5.9 6,2 6,1 6,1 6,2 6.1 61 6.1 60 61 6.1 61 6.2 62 6.1 6.1 6.2 63 6.0 6.1 6.3 6.4 6.0 6.1 6.4 6.6 6.1 6.2 6.6 6.7 6.3 6.6 6,8 7 0 - 68 6.7 68 6.5 6.4 6.7 6.7 6.5 6.5 6.8 6.8 6.4 6.3 6.6 6.5 63 6A 62 6.1 6.1 64 6.1 60 6.2 63 6.0 6.0 6.3 6.3 5.9 5,9 6.3 63 5.9 5.9 6.3 6.0 6.l 6.l 6.1 6.1 6.1 6.1 6.2 6' 1 6.0 6.0 6.1 6,2 6.2 6.3 6.4 65 6.6 6.7 6.9 6.9 6.9 6.8 6.9 6.8 6.9 6.9 6.9 6.6 6.9 6.7 6A 5.9 5.6 5.6 S6 5.6 5.7 57 5.7 17 5.8 5,7 6.4 -6.4 6.4 6.4 6,3 6.2 63 6.2 6.3 6.4 6.5 6.5 6.5 66 6.7 6.7 6.8 &8 6,9 7.0 63 6.9 6.9 7A 6,A9 65 6,2 6.1 5.8 58 5.9 5.8 5,8 5.8 5.9 5,8 5.9 t f: 6A 6.3 6.4 6.3 6.3 6,2 6.1 6.1 6.2 6.3 6.2 6.3 64 6.5 6.5 63 6.9 TO 1,U 6.5 6.2 6.2 6.0 6.1 5�9 58 5.7 5.7 53 5A 6.9 6.8 6.8 6.9 7.0 -to- 7', ',= S9 6.9 6.8 7. 7.00 6, 5,8 5.6 5.6 11 5.5 5.8 Basin -5 13,584 -7 -6 20,538 -8 8 34.882 12 7 WILMINGTON MARINE CENTER v.meu o.NN CAPE FEAR RIVER caap.'s'.X NEW HANOVER COUNTY, NC CONDITION SURVEY BATHYMETRY & CONTOURS - MARINA Lift Well V) Volume 4.3 a 4.2 " 4.4 4.4 4.1 Color Contour Legend 0' t. Y r 3- 0 4' � 5' i110, 6' 7 `u8' 1. 9' Yd 9.1 .4 4 3 4.2 44.3 4 8 4.1 4.3 ,5 4.3 4.8 4.6 4.1 4.4 pgo t 9.9 ?CO - 9� p� S.l � p99 •} f p I YJ 3.8 5.7 5.6 6.0 5.6 5,6 5.9 5.5 5,6 5,8 5.4 5.7 5.8 5.2 d 56�� 5.q S S .6, Sg 5 q �sA 34 SSA S r `rJ SSle'r SJa� s £! +, ! 0�o S ! p_py8 8�� yeah p9i� S�4 t ! p S yy�pi llb�. ply- ppv 1 MorYanlal Datum. XC Rate Plum Lorc 3M. eMD83 R011l. S ,,,V feet l Vesial lLtum ML W <onvertad /rom XAVXY u+NI1M wlue 3Aa as 3efrce 6Y noMdwy MINIM Waded on the cape teat Rorer in Wemweml. Xc 3 Marna data :alknee ray n CoaYnm IVN 26 X n. Nil arW reaeum roneemns at Graphic Scale tax �6ne. ea en. av a.. .[M,amern.nntieehexamleam nr Tl CeaxA an nauem6er iL N2f ane mpreseM 13T�T (�� nn nsam x mns ne a ION"Esart nm.ruen eeNM Pfeet -M.M tenths 5 0 /mmlol eownlweeA lro OneMa Gs.spapur, Net., oaH NAME, 211112 WMc Inbnree Chann.l sphere SUNVIr Mrs, Y Nereo AsoVI DING Mrs: Naeatrare lR eotl SCALE: 1' • W fNSIT. 4 Or 13 I Wilmington Marine Center Volumes Basin Lift Well ' Depth(MLW) Volufne(CY) Depth(MLW) Volume O') -5 13,584 -7 1,454 -6 20,538 -8 1,779 -8 34,882 5.8 5R �y',61. 4.1 3.9 4,5 4,6 ` 5.3 -5..1 j 41 4,134,3 4.2 4J 43L - 5.5 4.4 .3 4.3 4.4 41 3.9 44.7 4.5 4 6 5 7 6 �.- 4.0 4.1 4.4 4.4 4.7 46 4.8 4.4 55 0 4.2 4.1 4.t 4.3 4.6 4.7 i' \ 5;1 4.5 SA __ t,2 __. 51 = ye 4.2 4.1 4,3 4.4 4,6 4,9 4.7 4 9" - :i.4 5.2 4,1 '� f 4.3 4b 5 0, 4.3 4.7 5.0 4,g 'i,l 5,5 �-. 4,3 4.4 4.7 4i8 4.7 51, 4.9 _S.l 5(1 4 4,9 3. ) 4,6 4.4 - 50 4.8 5,3 - 5,� '.i,8, 42 1 .7 4.9 44 ._ 5.0-a, 51- 3. a 4.3 CbCb 6.5 6.1 6.3 5 7 52 5.6 6.3 5.8 " 7D 62 6,4 5.4 5A 5.3 56 55 5.7 58 6,0 52 5A 5.3 5.2 5.2 50 5.2 53 5.8 5,2 6.7 5,9 5,5 5.1 5.2 _ _4:�------4,9..___-5.1 5.3 5.1 SJ 6,B B.l 5.7 5,3 _.4,9 -- _. 4.8- - 4.5 4.7 �.tT -- - -4-3 --z- s0 5.6 b 5,2 - 48 4.7 4.8 q,$., 5A 69 62 5.7 4.5 4.6 .g - 5.5 5,2 4.7 4.6 4.4 4.4 4.6 4.8 S.5 7A 56 .4 5,1 4J 4.4 4,4 4.7 6.9 y,b Sb 4.7 4.4 4.3 4.4 47 4.7 q,7 k�fl_ 6,7 gib � - ""4,8 4.3 4.2 4.1 4.4 4,6 4.7 4,7 4.6 6,3 �.,a 6.0 _... .. $ , .. ._ 6 5 Sd - -a 4,9 4.3 4.2 4.4 4.6 4.4 4.8 4.6 4.5 - 53 6.0 5.4 5.9 5' g 511 .` 4.6 4.2 q,2 4.6 4.7 4.5 4.9 0 Color Contour 53 52 51 'R, 4.5 4.3 4.1 4.2 4.4 45 4g 5,2 53 `� 1 legend 52 yp, 54 '4,8 4J 4,3 3.9 q2 4.6 4,8 -4.9 a8 60 �. '�. .ei. 4,5 4,4 .5 4.6 -'_ 5 9 : ■ 4. F :.�dt ,l •1v74s y ai' .f .+t d it 4 C S. ` 1 4Y fl i t Y ( 4 • g b is`1 tC s - dt'•S 91 y i ' M TI Coastal Services, Inc. c........... M,I.e Mllminyesn, NC 21405 HOAn.vO WILMINGTON MARINE CENTER ~11.1 Mary. CAPE FEAR RIVER con-Ien NEW NANOYER COUNTY, NC �N... CONDITION SURVEY BATHYMETRY & CONTOURS - MARINA 1 Nn,idwal Norm NCstatepbne tone am, NROBi uw oltl.rvey Feet 2 Vert-Malum MLWCO eddff nN^V ui,MthevlWlasndennedtar xoMWoy Itl' aced mtM1e Cane Fear Nwerm Wdronene. NC 1 Manna data ra(Wred by 11 Coastal an July 266 21, 1021 and repreunt rmlrtw. A Graphic Scale tnau�me I tot- h-urld.ronerted Iwncnaual onxav<mMr v. 2021 .ee,epment .onddunaxtnatime a sau..., are npewH ae deon,.n Jeff aM tent,,, 5."MAernal of dwwbMed from NC Cln Me GmS ul1'o Al om Nleea 21,11,W tnyrna. tnann.Jsureey IUNV[I Man: Y Nono ae OM MI re: NdeallrMe fo, well 1CAlc I- -aP AN .awn Wilmington Marine Center Volumes I �y Color Contour �,e. Basin Lift Well ` L�.'a Lift Legend O• or th(MLW) VdumDepth (MLW) Volume(Cl') Dred a Temp It 2 1• -5 13,584 84 -7 1,454 4 I s ' Z• -6 1 20,538 -8 1,778 e 1 1 ` ` A,3• 11 -8 34,882 \ ^1, It 3. 3. 7' l + di 3. ' 3. f' o• 4 3 2, 3. 4 a .� r 4, 1 + _,4. 2 Ir +5 4. 31 41 3'1 r- �. 4 1 3.`39 +3 1, 4, 4 ., '+ 3 d l ` i ,• - �. J I q 4 3 2 1 24 2 2 ., .t 4 1 3, r 4 r 1E 19E • 9 +7 4 % +7 3 t �! +4 + 1 3. f1 31 4147 +i TI oastal TI Coastal Semices, Inc. we J,lderze4pz 90.ald31.",a le J4[,4 4- 41 ,� \ 4. q �5 4g l 5 4 4 d 4 4 4. 1 A'. 55. 5 4 4 41 4 4. 4 _ 1 •3: 3. 3 2 2' 3• 4 ti +4.1 4 V r'_ WILMINGTON MARINE CENTER v one., o�o.m CAPE FEAR RIVER NEW HANOVER COUNTY, NC T ,e,"'a CONDITION SURVEY BATHYMETRY & CONTOURS - MARINA I 4 pl to 3 3 3 ;' 3 ! 3 3 3, 3 w l 00P� l 3. 3 Q 3. 4 3. 6- 40 4 3 4 q 3 4t-� 3. 4. 3. 5 3 4 3. 4 --4Aa - 1 2 3 3 jj CD �. 2. 2 2. 2. 2 2 t 1 , 1. 1. >I i� • 3 1. 1 1, 21 U 0. t' �`.` •7jlJ.ryfh. •n". �. ! y (r' A" r r4 c-• 1 111-intalmmm NC Mr. pbne,tone JAW. Reboil I L Lmq hx } vemax wtom Mlw t--. f-MevI1103mlpine wna. 244 A,!!thee by rve, �e Mimem. NC NOM Mov 1145e1201nraled w tM Cape FeFine, 3 Manm data ad4[teC by it Coutal w July 621. 2021.od repreunt mndngn,n Graphic Scale nx nm. a Fxr,me channel data mlle,ed Ey ri :aaual w N-ndper 11. 2021 and reae,ent onddum,l lnx one. r•• 4sound.., Are e•pe1vtA., d.1h-lee„nd lem., 0 Pviaror dayanlooded Atom ceap, ap 4eos•ual pa 1 OINe e. 21"'All bell/nee.. cMenN I.n.Y +wMr ure: tl MrY,uovr1 aera M1R a aynne a to, SON aca{C I..". !Mari 2 or 11 — - - - -- --- e Ox 'x 'x ?s 3x 3x 9.. 4x S Sx @y� Gx r rx 9ip� BxS, A yx 7C 7 7 - r r'IW aso 0o So2xoo rso Po so to so 'Yb � o '�o �0 1 ; o o So xo��,�,x >>x ,2 (�:• -� - I i I I - -0 I (`Ovx.. J�9 'a0 )fix I ,,s ` 1, I 1 se A o eo lk`a 7 i A.,�!,y' 2 l ; ��•� 4f`.a x°' A .i+ f a Jf4q�a1 � a it a 1 J , ! [i f, V l+ Tyt.{t s s M1J Inc 1O � q/ " .« [a. a[ ` M1. Wilmington Marine Center Volumes 3 a Basin Lift Well, 6 ,; i Depth (MLW) Volume (CY) Depth (MLW) Volume CYJ R` -5 13,584 -7 1,454% t RRR+ -6 20.538 -8 1,778 ..... .. ... :.... ! . ... ... ,. .,. ... j i..TOR +. 8 34,882 .. . iwa _ WILMINGTON MARIN E CENTER CAPE FEAR RIVER oastal NEW HANOVER COUNTY, NC CONDITION SURVEY TI Coastal Services, Inc. — "I nt N, Graan MaaConr Ones SURVEY LAYOUT &CONTROL n mex+.uee :a lj i t , <JI 1 << N1U04' .� Y}}I Y ni 1 xarilmlal2= . converted! on a Pbne lone 30W, x.n the yal , S 44 a feet venrtal buoy Ml10P dlea.th N rite ItIS e,Raty.a 11 }44„ae4nee hr xOa data 8erted by x,uaoe me<ny26& Mn 1wammemn,tc NC d Manna ear, oolk[rta hY Il coastal be IWY+66 n. IDII ,N uPrefem [ana.yns at Graphic Scab ]neum. ,gip. ° 4 Entrance channel den mNttne by It-aral an N,nntner l 1. 111 and"b"sen[ `!'T'le•Td� [owa�oa tnn [lme 4 Swnama,,,e e.weuea at aegnrmfeet ana remns One, a ao.Notlea Dom x oneM 6eos rn Pnml oele moo - H+Y+: IYYC I.. cx.nn.r s., K MIn' •Ale- d DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 1, 2022 Regulatory Division Action ID No. SAW 2002-00335 Port Cape Fear Associates, LLC Attn: Mike Loch 3410 River Road Wilmington, NC 28412 Dear Mr. Loch: Reference your application for a Department of the Army permit to conduct maintenance dredging within the existing marina basin, which is approximately 330 feet in length by 720 feet in width. Maintenance dredging within the majority of the basin is proposed to the previously maintained -5 feet Mean Low Water Level (MLW) and will generate approximately 14,000 cubic yards of spoil material. Maintenance dredging of the forklift drop area and access channel, which is approximately 380 feet in length by 40 feet in width, within the basin is proposed to -7 feet MLW and will generate approximately 2,500 cubic yards of spoil material. The dredging will disturb 16,500 square feet of bottom substrate. This event of maintenance dredging will not occur outside of the inland basin. Maintenance dredging will be performed via hydraulic dredge and spoil material will be placed onsite in the northeast portion of parcel R06400-001-001-000. An earthen berm for the spoil disposal area will be constructed of clay and sand with a backhoe, bulldozer, and similar typical earth moving equipment, and will cover approximately 1.7 acres. Approximately 1.2 acres will serve as the retention basin for dredge spoil. The HDPE spoil inlet pipe will temporarily be laid across 404 wetlands during the maintenance event, however no equipment will cross the approximate 200 square feet of 404 wetlands. Therefore, no temporary or permanent impacts to wetlands are authorized. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process, via Regional General Permit 291 (copy attached), for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with the applicable State authorization, attached Federal special conditions, RGP-291 conditions and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization -2- modified. Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Branch, telephone 910-523-1151 or email Gregory.e.currey@usace.army.mil. Sincerely, Greg Currey, Project Manager Wilmington Regulatory Field Office Enclosures: Plans Manatee Guidelines GP 291 conditions Copies Furnished by Email (with enclosures): NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood NOAA/NMFS; Dr. Pace Wilber NCDEQ/DCM; Mr. Jonathan Howell NCDEQ/DCM; Ms. Tara McPherson NCDEQ/DWR; Ms. Holley Snider NCDEQ/DCM; Mr. Cameron Luck NCDEQ/DCM; Ms. Amanda Cannon NCDEQ/DCM; Mr. Bryan Hall USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Paul Bertram Davey Resource Group; Mr. Greg Finch -2- Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans, dated November 16, 2021, and April 14, 2022 and revised June 14, 2022, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Except as authorized by this permit or any USACE approved modification to this permit, no dredge, fill, or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project within waters outside the designated permitted boundary. This permit does not authorize temporary placement or double handling of excavated or fill material within waters outside the permitted area. 3. Work in wetlands is prohibited during the dredging, material disposal, or any other aspects of work associated with this project. All dredged material must be deposited on high ground. 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 5. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 6. 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. 7. The activity must be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 -3- NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the permittee must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 9. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee’s discovery of the violation. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 1, 2022 Regulatory Division Action ID No. SAW 2002-00335 Port Cape Fear Associates, LLC Attn: Mike Loch 3410 River Road Wilmington, NC 28412 Dear Mr. Loch: Reference your application for a Department of the Army permit to conduct maintenance dredging within the existing marina basin, which is approximately 330 feet in length by 720 feet in width. Maintenance dredging within the majority of the basin is proposed to the previously maintained -5 feet Mean Low Water Level (MLW) and will generate approximately 14,000 cubic yards of spoil material. Maintenance dredging of the forklift drop area and access channel, which is approximately 380 feet in length by 40 feet in width, within the basin is proposed to -7 feet MLW and will generate approximately 2,500 cubic yards of spoil material. The dredging will disturb 16,500 square feet of bottom substrate. This event of maintenance dredging will not occur outside of the inland basin. Maintenance dredging will be performed via hydraulic dredge and spoil material will be placed onsite in the northeast portion of parcel R06400-001-001-000. An earthen berm for the spoil disposal area will be constructed of clay and sand with a backhoe, bulldozer, and similar typical earth moving equipment, and will cover approximately 1.7 acres. Approximately 1.2 acres will serve as the retention basin for dredge spoil. The HDPE spoil inlet pipe will temporarily be laid across 404 wetlands during the maintenance event, however no equipment will cross the approximate 200 square feet of 404 wetlands. Therefore, no temporary or permanent impacts to wetlands are authorized. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process, via Regional General Permit 291 (copy attached), for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with the applicable State authorization, attached Federal special conditions, RGP-291 conditions and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization -2- modified. Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Branch, telephone 910-523-1151 or email Gregory.e.currey@usace.army.mil. Sincerely, Greg Currey, Project Manager Wilmington Regulatory Field Office Enclosures: Plans Manatee Guidelines GP 291 conditions Copies Furnished by Email (with enclosures): NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood NOAA/NMFS; Dr. Pace Wilber NCDEQ/DCM; Mr. Jonathan Howell NCDEQ/DCM; Ms. Tara McPherson NCDEQ/DWR; Ms. Holley Snider NCDEQ/DCM; Mr. Cameron Luck NCDEQ/DCM; Ms. Amanda Cannon NCDEQ/DCM; Mr. Bryan Hall USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Paul Bertram Davey Resource Group; Mr. Greg Finch -2- Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans, dated November 16, 2021, and April 14, 2022 and revised June 14, 2022, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Except as authorized by this permit or any USACE approved modification to this permit, no dredge, fill, or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project within waters outside the designated permitted boundary. This permit does not authorize temporary placement or double handling of excavated or fill material within waters outside the permitted area. 3. Work in wetlands is prohibited during the dredging, material disposal, or any other aspects of work associated with this project. All dredged material must be deposited on high ground. 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 5. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 6. 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. 7. The activity must be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 -3- NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the permittee must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 9. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee’s discovery of the violation. 010 y ROY COOPER Governor ELIZABETH S.BISER Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM TO: Cameron Luck, DCM Major Permit Assistant Coordinator, MHC FROM: Bryan Hall, DCM Field Representative, Wilmington THRU: Tara MacPherson, DCM District Manager, Wilmingto DATE: March 16, 2023 SUBJECT Permit Modification Request to State Permit No. 116-22, Port Cape Fear Associates, LLC., 3410 River Road, Wilmington, New Hanover County Davey Resource Group Inc., acting agent for Port Cape Fear Associates, LLC. is requesting a Minor Modification to State Permit No. 116-22 for the creation of an additional spoil basin. This request was submitted in a letter received by DCM on March 6, 2023. The request for the minor modification includes certified mail receipts for the adjacent riparian notifications and three (3)drawings associated with the application dated 3/1/2023, This minor modification request was accepted as complete on March 10, 2023 with the delivery of an updated drawing showing the pipeline route (Sheet 1 of 3 Revision Date 3/10/23). CAMA Major Permit No. 116-22 was originally issued on October 21, 2022, Port Cape Fear Associates, LLC.for the excavation of the existing boat basin and the creation of a spoil site on the subject property. State Permit No. 116-22 is due to expire on October 21, 2027. The applicant is requesting a minor modification to the permit to allow for the creation of an additional spoil disposal basin due to the volume of dredge material authorized by State Permit No. 116-22. The proposed spoil basin would be located landward of jurisdictional wetlands and outside of the 75' Estuarine Shoreline Area of Environmental Concern (See Sheet 1 and 2 of 3). Temporary HDPE inlet and outlet pipes would be used during maintenance events and would be located in the southeast corner of the basin; the same location as authorized by State Permit No. 116-22. The proposed temporary HDPE pipe would cross 404 wetlands during maintenance events, however no temporary or permanent impacts are proposed (See Sheet 1 of 3). A modification may be required to the site's sedimentation and erosion control plan. Per State Permit No. 116-22 condition#18, wetlands mats shall be utilized for the areas to be crossed. North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 rxancwncn wn � 910.796.7215 The applicant also requests the removal of State Permit No. 116-22 condition#3, which requires a dredging moratorium. The request asks that a moratorium not be included as a permit condition and states that the dredging is limited to an inland basin and the outfall is also located within the inland basin during the dredging event. The applicant states a sediment curtain would be deployed to keep sediment and turbidity within the existing basin per the State Permit No. 116-22 application. This area is deemed Primary Nursery Area (PNA) by NC Division of Marine Fisheries (NCDMF). The adjacent waters are closed to shellfish. The proposed modifications appear to be CONSISTENT with NCAC 07H .0208(b)(1), which includes the specific use standards for dredging projects. This office would have no objection to the modification of State Permit No, 116-22, provided it is consistent with all other local, state, and federal regulations, Davey Resource Group Inc. has submitted a check (check No. 9491)in the fee amount of$100. By copy of this memo, DCM is requesting that the USACE, NC DWR, NC DMF, and the New Hanover County provide any comments that your agency may have on the proposed project to Cameron Luck of DCM's MHC office within 14 days of receipt of this memo. Enclosures '� ✓ cc: DCM-MHC USACE NHC DWR City of Wilmington DMF Beth Wetherell- NHC North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington.North Carolina 28405 t♦'l ill(NXII INA 910.796.7215 DAVEY#' "' MAR 0 6 207.3 Resource Group I17GM WII.MING7CtN, N(: March 6, 2023 Bryan Hall NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Request for CAMA Minor Modification to Permit#116-22 Wilmington Marine Center, Wilmington, NC(Port Cape Fear Associates) Bryan, On behalf of Port Cape Fear Associates, Davey Resource Group, Inc. is submitting a CAMA Minor Modification request of Permit #116-22. Due to the volume of permitted dredge material, the addition of an onsite upland spoil disposal area at Wilmington Marine Center is requested. An additional request is that a dredging moratorium not be included as an original permit condition since the dredging is limited to an inland basin and the outfall is also located within the inland basin. If necessary, a sediment curtain may be deployed as stated in the original permit figures. The specifics of the proposed work are shown in the attached permit application and drawings. Adjacent riparian landowner notifications have been mailed and certified mail receipts are included. Delivery confirmations are also included. let me know if you have any questions during your review. Sincerely, t William A Dortch, Agent Davey Resource Group Inc. cc: Port Cape Fear Associates Encl. Attachments;CAMA Minor Modification Fee($100.00) www.Davey.com • Phone:910.452.0001 • Fax:910.452.0060 3805 Wrightsville Ave.,Suite 15,Wilmington,NC 28403 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Port Cape Fear Associates, LLC Mailing Address: 3410 River Road Wilmington NC 28412 Phone Number: 910-395-5055 Email Address: dockmaster@wilmintonmarine.com I certify that I have authorized Davey Resource Group, Inc. Agent i Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development. basin maintenance dredging and minor modification (and any future required CAMA Permitting) at my property located at 3410 River Road in New Hanover County. Y I furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature MAR 0 6 2023 6 SKI! ryey f3(;M WIt.MING70N, N(: Print or Type ame Title Date This certification is valid through 12 131 _12023 1 R F C V:I VED) VERNON a 2010027245 MAID 41 6 2023 11W W11_M1fV(,fON FOR REGISTRATION REGISTER OF DEEDS JENNIFER H. MACNEISH NEW HANOVER COUNTY NC 2010 SEP 30 11,27:62 AM 6K,5514 PG:664-669 FEE 331.00 MIRKNI # MOM Without Title Examination Prepared by: Jeffrey P.Keeter Block,Crouch,Keeter,Behm&Sayed,LLP P.O.Box 4,Wilmington,NC 28402 Parcel ID: R O H 00 ^.d 0 I 00( _Ovo Revenue Stamps:$0. 00 ` Pk STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED, made this day of September , 2010 by and between, PORT CAPE FEAR ASSOCIATES,a North Carolina General Partnership,whose address is 410 QiVa F—MJ, 614m;!Afm , NC, TOZGRANTOR,and PORT CAPE FEAR ASSOCIATES LLC a North Carolina Li i�d Liability Company, whose address is '!410 giyty gg" N G 2 311 Z ,GRANTEE; WIINIESSETH: THAT the said GRANTOR,for and in consideration of the sum of TEN DOLLARS ($10.00)and other valuable considerations to them in hand paid byGRANTEE,the receipt of which is hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, and convey unto the said GRANTEE, its successors and assigns, the following described property lying and being in the County of New Hanover, and State of North Carolina,and more particularly described as follows: See attached Exhibit "A" reference to which is hereby made for a more particular description. TO HAVE AND TO HOLD the above granted and described premises together with all and singular the rights,privileges,easements and appurtenances and hereditaments belonging or in anyway appertaining unto the said GRANTEE, its successors and assigns,in fee simple. RETURN TO: BLOCK.,CROUCH, KEETER i AND the said GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEE,its successors and assigns,that it is seized in fee of said premises and that it has good right to sell and convey the same; that the title is marketable and free and clear from any and all encumbrances, except a set forth herein; and that it will, and its successors and assigns shall, WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. Notwithstanding the foregoing,the warranties herein recited are subject to: 2010 ad valorem taxes; all applicable zoning and land use ordinances, rules,regulations, laws and statutes; and all restrictive covenants, easements and rights-of-way of record. IN WITNESS WHEREOF,the said GRANTOR has caused this instrument to be executed in the appropriate partnership name by duly authorized general partner and has hereunto set their hands and seals the day and year first above written. (� If checked, the property herein conveyed includes the primary residence of one or more of the Grantors. PORT CAPE FEAR ASSOCIATES, A North Carolina General Partnership y C-M �I111.MINGTON, NO PORT CAPE FEAR,INC.,General Partner BY: —�ZL J 2!�t Nelson B. Fry,III, President SOUTHSIDE HOLDING,LLC,General Partner B arles A. P 1,1I1, Manager BY: -VZ/" John VlHinrichs,Manager TOWN K RT ERS,LLC, General Partner BY: Nelson B. Fry, III, Member/Manager STATE OF NORTH CAROLINA COUNTY OF NEW � HANOVER 1, ylek l t V y . P0Ktf3' _ ,a Notary Public of Hanover County,North Carolina do certify that on this 28^day of September,2010,before me personally appeared Netspn B. Fry,III,President of Port Cape Fear,Inc. personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person whose name is signed on the preceding or attached record,and acknowledged to e i ed it voluntaril , for and on behalf of Port Cape Fear,Inc. for its stated purpose. OFFICIAL SEAL . VICKIE W PORTER Notary Public-North Carolina Notary Public ne NEW HANOVER COUNTY RF-�,F'A/ f-, My Commission expires; lD q 13 �. MAR 0 G Or''M Wl1.M1NGTO)lV, NG STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER V I, V 1 �Cl . p6✓ eta , a Notary Public of Hanover County,North Carolina do certify that on this 2_day of September,2010,before me personally appeared Char s A. Paul,III,Manager of Southside Holdings,LLC personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person whose name is signed on the preceding or attached record,and acknowledged to me that he signed it voluntarily for and on behalf of Southside Holdings,LLC for its stated purpose. OFFICIAL SEAL VICK16 W PORTER Notary Public Y Notary Public•North Carolina NEW HANOVER COUNTY My Commission expires; 10 Ci 3 STATE OF NORTH CAROLINA COUNTY OF NEW 1 ANOVER ` I, _ V I�Y'l t. W._ P0K4?-V.. ,a Notary Public of Hanover County,North Carolina do certify that on this 2,61nay of September,2010,before me personally appeared John F.Hinrichs,Manager of Southside Holdings,LLC personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person whose name is signed on the preceding or attached record,and acknowledged to me that he signed it voluntarily,for and on behalf of Southside Holdings,LLC,for its stated ose. OFFICIAL.SEAL �GC YICKIE W PORTER Notary Public Notary Public•Nortfi Carolina rY NEW HANOVER COUNTY My Commission expires:j-4 q !r MAR 06 202 STATE OF NORTH CAROLINA DCM WILMINGTON, lN(. COUNTY OF NEW HANOVER 1, V 1 Ckl� P)y , a Notary Public of Hanover County,North Carolina do certify that on this ay of September, 2010,before me personally appeared Nelsgfi B. Fry,IIi,Manager of Town Creek Partners,LLC �/ personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person whose name is signed on the preceding or attached record,and acknowledged to me that he signed it voluntarily, for and as an act of Town Creek Partners, LLC. for its stated e. OFFICIAL SEAL VICKIE W PORTER — }, Notary Public•North Carolina Notary Public NEW HANOVER COUNTY My Commission expires: �O MAR 0 6 20?.3 EXHIBIT A DCM Wll_MINGTON, N(: LEGAL,DESCRIPTION FOR NORTHERN SECTION OF MARINA TRACT Beginning at a point in the Western line of River Road, (Secondary Road #1100, a 60 foot wide public right of way) south of the entrance to the Port Cape Fear Associates Marina Tract, and being North 24 degrees 20 minutes West, 572.02 feet from an iron pipe marking the southeast comer of the Port Cape Fear Marina Tract described in Deed Book 1535 at Page 892 of the New Hanover County Registry; thence, from the POINT OF BEGINNING, South 59 degrees 52 minutes West, 266.83 feet to a point; thence, South 40 degrees West, 144.40 feet to a point; thence, South 03 degrees 27 minutes West, 191.30 feet to a point; thence, South 84 degrees 01 minutes West, 39.20 feet to a point; thence, North 44 degrees 33 minutes West, 112.90 feet to a point; thence, North 37 degrees 15 minutes West, 113.20 feet to a point; thence, North 67 degrees 12 minutes West, 53.27 feet to a point; thence, North 35 degrees 03 minutes West, 251.90 feet to a point at the edge of the high water line of the Cape Fear River; thence, along the high water line of said Cape Fear River, tie lines being, North 49 degrees 39 minutes 55 seconds West, 234.22 feet to a point, North 31 degrees 06 minutes 06 seconds West, 166.14 feet, and North 02 degrees 31 minutes 12 seconds West, 383.74 feet to a point; thence, along the National Gypsum tract,North 82 degrees 11 minutes 49 seconds East, 806.19 feet to a concrete monument marking the Northeast corner said Port Cape Fear Marina Tract in the Western line of River Road; thence, along the western line of said River Road, South 10 degrees 10 minutes 59 seconds East, 415.27 feet to a point; thence, continuing along said western line of River Road, a curve to the left, a chord being, South 20 degrees 24 minutes 39 seconds East, 356.35 feet to the point of beginning, and containing 16.6 acres, more or less, uNTY � r zz �1 � � az ��fr�lAr.lstitas,� JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 #fifff YffflfffYR}fRffR}RRfRffRtf RfifRlfil4*Rit♦RRi*ARihfifff Yff Ahf4A#hAfhff♦►iAARi i!**RRAYRRff}if##Rff Rf iR**#*#ff RfffRRf Filed For Registration: 09/30/2010 11:27:02 AM Book: RE 5514 Page: 664-669 Document No.: 2010027245 5( CFIN/F-i 6 PGS $31.00 MAR 01; 2023 Recorder: CRESWELL,ANDREA ))CM WII.MlN(l 4 '0N, N(.: State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL. DOCUMENT. * 2010027245 * 2010027245 MAR 0 b 1(l1 ti 2011001654 DGM WILMINGTON, NG' FOR REGISTRATION REGISTER OF DEEDS JENNIFER H MACNEISN NEW HgNOVER COUNTY. NC 2011 JAN 18 04 02 20 PM SK 5E40 PG 1480-1488 FEE $34 00 Without Title Bxamination Npared by- P Keefer ItguRgo TO INS�R MINI # 2�11�Q1fi54 Block,Crouch,Keefer,Behm&Sayed,LLP P 0 Box 4,Wilmmgton,NC 28402 Parcel ID- Aq&yDO - oo/ -eio moo IV Revenue Stamps S —o -- e STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED,made this__I/ day of G ,20 by and between, PORT CAPE FEAR ASSOCIATES, a North Carolina General Partnership, GRANTOR, and PORT CAPE FEAR ASSOCIATES,LLC a North Carolina Limited Liability Company, whose address is 3410 River Road, Wilmington,North Carolina 28412, GRANTEE; WITNESSETH THAT the said GRANTOR,for and in consideration of the sum of TEN DOLLARS ($10.00)and other valuable considerations to them in hand paid by GRANTEE,the receipt of which is bereby acknowledged, has granted, bargained, sold, and conveyed,and by these presents does hereby grant, bargain, sell, and convey unto the said GRANTEE, its successors and assigns, the following described property lying and being in the County of New Hanover, and State of North Carolina,and more particularly described as follows: See attached Exhibit "A" reference to which is hereby made for a more particular description. TO HAVE AND TO HOLD the above granted and described premises together with all and singular the rights,privileges,easements and appurtenances and hereditarnents belonging or in anyway appertaining unto the said GRANTEE,its successors and assigns,in fee simple. Retumed To glock,Crouch,Keeter,Behm&SayW i AND the said GRANTOR,for itself, its successors and assigns, does covenant to and with the said GRANTEE,its successors and assigns,that it is seized in fee of said premises and that it has good right to sell and convey the same,that the title is marketable and free and clear from any and all encumbrances, except a set forth herein; and that it will, and its successors and assigns shall, WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever Notwithstanding the foregoing,the warranties herein recited are subject to: 2010 ad valorem taxes; all applicable zoning and land use ordinances,rules, regulations, laws and statutes; and all restrictive covenants,easements and rights-of-way of record. IN WITNESS WHEREOF,the said GRANTOR has caused this instrument to be executed in the appropriate partnership name by its duly authorized general partners and has hereunto set their hands and seals the day and year first above written. [] If checked,the property herein conveyed includes the primary residence of one or more of the Grantors MAR I) 6 ?V3 PORT CAPE FEAR ASSOCIATES, RCM WILMING"i"ON, NCB A North Carolina General Partnership PORT CAFE FEAR,INC.,General Partner BY Nelson B. Fry,III,president SOUTHSIDE HOLDINGS,LLC,General Partner BY: Charles A.P ul,III, Manages BY• - �""�' io Hinrichs, er BY: obert Ful anger TOWN C EK�PAR,TQNERS,LLC,General Partner By. V Nelson B. Fry,III, Member/Manager t I STATE OF NORTH CAROLINA COUNTY OF NEW HANOVI ER 1, a Notary Public of Hanover County,North Carolina do certify that on this I day of 20�before me personally appeared ZL ✓ personally known to me, proved to me by satisfactory evidence, proved to me on the oath or affirmation of who is personally known to me, to be the p=on(s)whose names)is/are signed on the preceding or attached record, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. 3 OFFICIAL SEAL VICKIE W PORTER Notary public Notary Public-North Carolina NEW HANOVER COUNTY My Commission expires 0 - " 1 3 tVl'l1? f-11 ?0?3 OCM WILMING'f ON, I1(( STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Y I Ch I t VW - pny-+eX ,a Notary Public of Hanover County,North Carolina do certify that on this _day of 20 l l before me pemnally appeared ,1n(lNt S 11� - personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person(s) whose name(s)is/=signed on the preceding or attached record, and acknowledged to me that he/she/they signed it voluntarily for its 'stated purpose. L OFFICIAL SEAL VICKIE W PORTER No Public Notary Public North Caroi na ' NEW HANOVER COUNTY My Commission expires._f 3 3 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, V Ck12 W• �Q r'1 eY .a Notary Public of Hanover County,North Caralina do cer*that o s day of 20 11 , before me personally app d TO Y1 n t r>Y It c�S personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person(s)whose name(s) is/are signed on the preceding or attached record,and acknowledged to me that he/shelthey signed it voluntarily for its stated purpose. OFFICIAL SEAL 1a VICKIE W PORTER Notary Public l Notary PubliC•North Carolina (S NEW HANOVER COUNTY My Commission expires- '13 MAN Q 6 2023 r)cM w,►.nnING"FON, NC STATE OF NORTH CAROLINA COU�NfTY OF NEW�HANOVER V I, i 1� `V •-V tV- a Notary Public of Hanover County,North Carolina do certibL that on this 11*Nay of v 20 11 , before me personally app ed �. ��pPN'k JL t\�Y�O►'� personally l nown to Hate; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person(s) whose name(s)islare signed on the preceding or attached record,and acknowledged to me that helshelthey signed it voluntarily for its stated purpose n OFFICIAL SEAL �C�'l/�✓v t J' VICKIE W PORTER Notary Public Notary Public.North Carolina NEW HANOVER COUNTY My Commission expires: d - Cl — 13 STATE OF NORTH CAROL NA COUNTY OF NEW HANOVER I, —a Notary Public of Hanover County,North Carolina do certify that on this `t- day of 20 11 . before me personally appe ed personally known t , proved to me by satisfactory evidence, proved to me on the oath or affirmation of who is personally known to me, to be the person(s)whose namc(s)is/are signed on the preceding or attached record,and acknowledged to me that he/she/they signed it voluntarily for its stated purpose OFFICIAL SEAL ( i' 1 VICKIE W PORTER Notary Pub1lo-North Carolina Notary Public ( e NfiIH HANOVER COUNTY My Commission expires - ' l 3 Iv !_ACM bull MINGIDN; N( 5 EXHIBIT"A" Beginning at a point in the Western right of way line of River Road(S-R 41100,60 foot right of way), saidpoint being located North 10 degrees 23 minutes 30 seconds West 195.56 feet aad South 83 degrees 29 minutes 20 seconds West 60,0 feet from the point of intersection of the Eastern right of way he of River Road with the Northern right of way line of Bryan Road(S,R.#1115, 60 foot right of way);and running thence wrath the Western right of way line of River Road as it curves to the East to a point that is located South 15 degrees 45 minutes 30 seconds Last 450.96 feet from the point of Beginning;thence continuing with the Western right of way he of River Road South 24 degrees 20 minutes East 541.0 feet to a concrete monument,the same being the-Northeast comer of the M&M Truck Lines,Inc. tract;running thence with the Northern line of the M&M Truck Lines,the.tract South 78 degrees 21 minutes West 708.85 feet to a new concrete monument on the Eastern edge of the Cape Fear Rives;thence the same course continued 18 feet morel or less to the High.Water Line of the Cape Fear River,running thence Northwardly along the Eastern High Water Lino of the Cape Fear River to a point(the Southwest corner of the Gold Bond Div,of National Gypsum Co.tract),said point being located North 06 degrees 30 minutes 40 seconds'West 352.37 feat and South 85 degrees 51 minutes West 832.59 feet from the point of Beginning;running thence with the Southern line of the Gold Bond Div.tract North 85 degrees 51 minutes East 26 feet more or less to an old monument; running thence the same course continued North 85 degrees 51 minutes East 806.59 feet to a point in the Western right of way line of River Road,running thence with the Western right of way line of River Road South 06 degrees 30 minutes 40 seconds East 352.17 feet to the point of Beginning, atsd being Area"A"as ahown on a map for J.W.Staokhouse by George Losak,Registered Land Surveyor, dated August 11,1975. Subject to a 50 foot sewer easement owned by Maffitt Village recorded in Book 356 at Page 373 of the New Hanover County Registry. 1X'M WIL.M1NGiTON, NG 0�NIT Y T ^� f�sTA811SIiES! JENNIFER H MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 R•#Rf#*R#RR**Af RR Rtif RA#RRRRRRil RRRARRR#Rff#RR1f*RtiRl RRf1f A4AA*1tf#flRR!*lRRRRRlRR**•**#*RAf Rf***RRR****R1Rt Rf*AA*Rl1RR Filed For Registration: 01/1812011 04:02.20 PM Book: RE 5540 Page: 1480-1486 Document No.: 2011001654 7 PGS $34 00 MAI? 0 6 2023 Recorder: CARTER, CAROLYN DCM WILMINGTON, NC State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2011001654 * 2011001654 a I�Ip�Ip11111111�{��EIA���IIIIIIU �II� 1{I�I�I SfOR REGISTRATION REGISTER OF DEED' Np�U'11h11IInI�I I IMIIIN 1nJ I I 1{ II'n1 1AflMY THEUSCH BEASLEY Z014034989 N. HANDVER COUNTr NC 2014 DEC 31 10 40 �1 RM BK.5960 PG,930-934 FEE $26 00 NC REV STAMP $2,000 00 1N51RU14ENT # N1*699 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax $2,000 00 r Parcel Identifier No R07000-002-004-000 Verified by County on the day of ,20_ By. Mail/Box to Jeffrey P Keeter,Block,Crouch,Keeter,Behm&Saved,LLP,Post Office Box 4,Wilmington,North Carolina This instrument was prepared by Block,Crouch_Keeter.Behm&Sayed,LLP,Post Office Box 4.Wilmington.North Carolina Brief description for the Index LOT 5 89Ae 10 24 Ae& 169 Ae River Road THIS DEED made this 31 st day of December ,2014 by and between GRANTOR GRANTEE Michael I Amolt,unmarried Port Cape Fear Associates,LLC 8450 Westfield Blvd Suite 240 3410 River Road MAR 0 f, ?023 Indianapolis,IN 46240-S920 Wilmington,NC 28412 faCM Wli_MINGTON, NG Enter in appropriate block for each Grantor and Grantee name,mailing address,and,if appropnate,character of entity,e g corporation or partnership The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular, plural,masculine,feminine or neuter as required by context WITNESSETH,that 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,parcel of land or condortumurn unit situated in the City of.. Wilmington I—_ Township, New Hanover County, North Carolina and more particularly described as follows See Exhibit"A"attached hereto and incorporated herein by reference The property hereinabove described was acquired by Grantor by instrument recorded in Book page All or a portion of the property herein conveyed_includes or X does not include the primary residence of a Grantor A map showing the above described property is recorded in Plat Book _ page Page l of 2 NC Bar Association Form No 3 0 1976,Revised®1977,2002,2013 Ibis standard form has been approved by Printed by Agreement with the NC Bar Association—1981 North Carolina Bar Association—NC Bar Form No 3 Returned To Slock,Grouch,Keeter,Behm 8�Sated TO HAVE 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,other than the following exceptions Covenants and Restrictions of record,Easements of Record,Applicable Zoning and Land Use Laws and/or Ordmances pertaining to the use of the premises,Taxes to be assessed IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year fimf above written %��t (SEAL) (Entity Name) Pnnt/Type Name Michael i.Arnolt.unmarried By (SEAL) Print/Type Name&Title Print/Type Name By (SEAL) PnnVrype Name&Title Print/Type Name By (SEAL) PnnVFype Name&Title Pnnt/Type Name State of la-AA—County or City of 1,the undersigned Notary Public of the County or City of and State aforesaid,certify that Michael I Arnolt personally appeared before me this day and acknowledged thedue execution of the foregoing instrument fKmw , � ness my hand and Notarial stamp or eaI this 31 st day of December 20 14LtE R R111rIEU ANent of Hendnda County Commission Expires May 22,2018 My Commission Expires Not (Affix Sea]) Notary's Printed or Typed Name State of -County or City of I,the undersigned Notary Public of the County or City of and State aforesaid,certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed Witness my hand and Notarial stamp or seal this day of ,20— My Commission Expires Notary Public (Affix Sea]) Notary's Printed or Typed Name State of -County or City of 1,the undersigned Notary Public of the County or City of and State aforesaid,certify that personally came before me this day and acknowledged that he is the of ,a North Carolina or corporation/littuted bability company/general partnership/linuted partnership(strike through the inapplicable),and that by authority duly given and as the act of such entity,_he signed the foregoing instrument in its name on its behalf as its act and deed Witness my hand and Notarial stamp or seal,this day of ,20_ My Comnussion Expires Notary Public (Affix Seal) MAR 0 6 702` Notary's Printed or Typed Name I)CM WILMiNGTO , NPage of NC Bor Association Form No 30 1976,Revised 0 1977,2002,2013 This standard form has been approved by PnnW by Agreement with the NC Bar Association-1981 North Caroboa Bar Association-NC Bar Form No 3 EXHIBIT A TRACT ONE (3603 River Road,Parcel ID R07000-001-007-000) A certain tract or parcel of land lying and being in Wilmington Township,New Hanover County,North Carolina and being those tracts as recorded in Deed Book 598,Page 630,Deed Book 606,Page 213,Deed Book 563,Page 496,Deed Book 563,Page 498 and Deed Book 1637,Page 1763,Records of New Hanover County,North Carolina and being more particularly described as follows Beginning on an iron located at the intersection of the eastern right-of-way of River Road(S R 1100, 100 It right- of-way)and the southern right-of-way of Floyd Drive(40 ft right-of-way) Proceed from said beginning point with the southern right-of-way of Floyd Drive,N 7342-04 E 316 56 feet to an existing iron pipe,thence with the western boundary line of the J F Smith tract(Deed Book 332,Page 100),S 19- 10-01 E 172 34 feet to an existing iron pipe,said iron being the northwest comer of that tract as described in Deed Book 297, Page 584,thence N 73-44-39 E 30 00 feet to an iron,thence with a curve to the left having a radius of 855 37 feet and a chord of S 41-03-58 E 208 49 feet to an iron in the southern boundary line of that tract as described in Deed Book 297,Page 584,thence with the southern boundary line of the aforesaid tract N 73-40-43 E 346 73 feet to an existing iron pipe on the western right—of--way of Beatrice Road(40 ft right-of-way),thence with the said right-of-way S 19-27-54 E 248 46 feet to an existing iron pipe on the northern right-of-way of Melton Drive (50 R right-of-way),thence with said right-of-way a curve to the right having a radius of 585 31 feet and a chord of S 79-49-55 W 111 81 feet to a point,thence continuing with said right-of-way S 85-18-46 W 102 24 feet to an iron, thence with a curve to the left having a radius of 647 36 feet and a chord of S 79-10-06 W 138 58 feet to an iron, thence continuing with said right-of-way S 73-01-26 W 292 47 feet to an iron at the intersection of the northern right-of-way of Melton Drive and the eastern nght-of-way of River Road(S R 1100),thence with the eastern right- of-way of River Road(S R 1100),a curve to the right having a chord of N 38.32.39 W 93 33 feet to a point,thence continuing with said right-of-way a curve to the right having a chord of N 33-12-14 W 105 65 feet to a point,thence continuing with said nght-of-way N 30-24.18 W 390 45 feet to the point of beginning and containing 5 89 acres according to a survey by Hanover Design Services,P A in December of 1992 On July 1, 1967 the Atlantic Coast Line Railroad Company merged with the Seaboard Air Line Railroad Company to form the Seaboard Coast Line Railroad Company On December 29, 1982 the Louisville and Nashville Railroad Company merged into Seaboard Coast Line Railroad Company,and the name of the surviving corporation changed to Seaboard System Railroad,Inc On July 1, 1986, Seaboard System Railroad,Inc changed its name to CSX Transportation,Inc TRACT TWO (3610 River Road,Parcel ID R07000-002-004-000) Beginning at an iron pipe located in the western line of the River Road(S R #1100),said iron pipe being located South 79 degrees 45 minutes West 51 30 feet from a nail in the centerline of the River Road(100 feet nght of way) said nail being 765 95 feet southwardly along the centerline of said River Road from the intersection of the River Road and Bryan Road(S R #1114),running thence from said beguining point South 23 degrees 07 minutes 30 seconds East 426 62 feet along the western line of said River Road to the beginning of a curve to the East,running thence along the curve in said River Road to an iron pipe in the western line of said River Road a chord distance of South 29 degrees 34 minutes 23 seconds East 220 75 feet,a corner with the property owned by the City of Wilmington,running thence South 79 degrees 58 minutes 00 seconds West 737 48 feet to an old concrete monument ui the low water mark of the Cape Fear River,numing thence nouthwardly along the low water mark of the Cape Fear River North 22 degrees 38 minutes 45 second West 636 26 feet to an iron pipe,thence North 79 degrees 45 minutes 00 seconds East 705 95 feet to the point of Beginning containing 10 19 acres,more or less (Being in all respects the same property acquired by Russ Transport,Inc by deed recorded May 6, 1976 in Book 1062,Page 608,New Hanover County Registry) 1-1F=eV I\fl._-(.) iMAR ()6 20 M1f:Ni WiI.MING a Orv. NG TRACT THREE (3628 Beatnce Street,Parcel#R07000-001-008-000) A cerium tract or parcel of land lying and being m Wifmmgton,Township,New Hanover County,North Carolina,and being a part of that tract of land deeded to C R.Wilhams as described in deed book 297 page 584,Records of New Hanover County, North Carohna,and being more particularly descnbed as follows Begnning on an old iron pipe located on the western right-of--way of Beatnce Road(40 ft.public right-of-way),said old iron pipe being located N 19-27-54 W 247 46 ft.from an old iron pipe being located at the intersection of the western right-of-way of Beatrice Road and the northern right-of--way of Melton Drive(50 ft.public nght-of--way) Proceed from said beginning point with the western right-of-way of Beatrice Road N 19-27-54 W 189 71 ft.to an old iron pipe, thence leaving said road S 73-32-1OW 147 111 to an old aon pipe,thence S 73-46-17 W 90 09ft,to an old iron pipe,thence S 7342-29 W 101 58ft to an old iron pipe,thence S 7344-39 W 84 81 ft.to an old iron being the northeastern comer of that tract as described in deed book 563 page 496 and 498,thence with a curve to left having a radius of 855 37ft,and a chord of S 41- 03-58 E 208 49ft.to an old iron,thence N 734043 E 346 73ft.to the beginning and containing 169 acres according to a survey by Hanover Design Services,P A in January of 1993. MAR ace 2023 ))CM WI1 MIN(-,TON. NC okSN'rY. v � n 2 MAR 06 2023 0cm WIl_MINGTON, NC; t�`�T�IBIlSN1���y TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 A#kf#ftRRRRfik#kfR#ftf*RRRkf RRf#f itf#Rf#*A11111R*ff*#if*#ffR#Rf###RA4f A#tfffif*41fRtt4*fRlffif#tfAf4A#Afif tflRR4•f RARAft Filed For Registration: 121311201410:40:41 AM Book: RE 5$60 Page: 930-934 Document No.: 2014034999 5 PGS $26 00 NC REAL ESTATE EXCISE TAX- $2,000.00 Recorder, JOHNSON, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2014034999 * 2014034999 Y �•P Pardel oundary f. TEMPORARY HDPE PIPE OUTLET PIPE (PLACEMENT PER DREDGE CONTRACTOR) I = 4 Ile �— TEMPOR S Ftit (PI r. ti e ff =- ,INLET1 PIPE PROPOSED SPOIL DISPOSAL AREA ' EAFt;HEP(i&m (-1.8 AC NHW t� ! •�.► k j^` 30'CAMA Buffer y 3� -75'AEC Coastal Wetland Line \ -�—404 Wetland Line NOTES f I DREDGF CONTRACTOR WILL USE TEMPORARY HOPE PIPING WNLN CONNECTING TO INLET rWTLET -,Z NO TEAIPORARX OR PERMANENT IMPACTS TO WETLANDS ARE PROPOSED .] TEMPORARY BAFFLES HALL BE INSTALLED TO ROUTE SPOIL MATERIAL AWAY FRW OUTLET WHEN r USACE Right of Way O-LD BOND BUILDING PRODUCTS 38 SUNNYVALE DRIVE • - ;� I - EX ENTRANCE W LMINGTON NC 28412 or � • - - - CHANNEL EDGE -1001 RFXFORD ROAD CHARLOTTE NC 28211 USACE Channel ' E` CHANNEL CENTER UNE r 1j! EX. ENTRANCE `..'- ,_ .' •. ,..p. CHANNEL EDGCTV € .,} - USACE Setback r _ t Lit ulkhe t .� Temporary HDPE Pipe l r 1 I -- _. _ - _ __(Placement Per Dredge—`�'�1� "J ;%;t VIE, -C4i tractor) .4`� ' L A APPI ICANT .� PORT CAPE FEAR ASSOCIATES LLC - - - -- - RC6400.001-024-000 \;.,...►^�'. � R084UU•001-001-UOU \�� PW 1 � _._-•- _ RC7000.002-004-000 404 Wetland Line Coastal Wetland Line—\ Normal High Water Riparian Corridor 1 --- _ -_ _- - _ 1. '' • and 15'Setback F E RI Ir.U RNMF-NT N USACE Right of Way - - - - - \ r; 'GTON y l � E r I NOTES 1 CRCCGE CONTRAC LVN WILL USE TEMPORARY/1DPE PIPING W}IEN('.ONNECTING 1OINI FT/OI�FT � ? NO TEMPORARY OR PERb1ANEN1 IMPACTS TO WETLANDS ARE PROPJSED ��Lrr , r� / + - I T 3. TEMPORARY DAFfLLS WiLI DC INS TAILED TO ROUTE SPOIL MATERIAIAWAY FROM OUTLET PIgE WHEN E � � - - .j i RECFIvED MAP I ?.013 �Ll� IIIC3liiA7���!������ [:1�����2E�iiltLiF31lAilY6 ������ ��I��i[• Clr��� sm�n�.eorL�slscaaa�Lvemsszsa�nw•aFs►.�����������:��iC �.eq�ner�ooam aa•la>�>ve> �a+a elate•6amera�wo!+a+ars+ul wealrmula�eeec s����������� (�J!a�'sihlii �@➢[+[� l1i�99 ► fY 7rop.x�(-EaffiTTi Berm ws to Exi 1L'lGSFI -�•�-- 1 6 J10 010 1 1 1 1 1 1 1 .1 1 1 1 :1 0 •1 •L 1 1 Legend NOTES r."I., 3fir2O23 WA Temporary 404 �• seo->.�x¢aaeao-»aoeeooaaaeocago-:us,sweosoo-oaoao-eo-»ar»asa0000-soo-o-soasaasa»ewoaoaaaae>a>aeaaaocao->,•o-o•,�.c�t�w ttiroroarso-�.wa.xyeo-. Permit Class Permit Number NEW 116-22 STATE OF NORTH CAROLINA }� F:�llF'%? Department of Environmental Quality and MAk 0 6' ?023 Coastal Resources Commission ikrmit "CM WII-MINE TON, NC' for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Port Cape Fear Associates, LLC,3410 River Road,Wilmington,NC 28412 Authorizing development in New Hanover County at adj. to AIWW, at 3410 River Road in Wilmington , as requested in the permittee's application dtd 5/18/22 (MP-1, MP-2, MP-3), incl. wk pin dwgs (11), Sheets 1, 3-10 of 11 dtd 6/14/22, and Sheets 2, 11 of 1 I dtd 4/14/22. This pen-nit, issued on October 21, 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 terns may be subject to fines, imprisonment or civil action; or may cause the pen-nit to be null and void. Excavation—Boat Basin and Access Channel I) Excavation within the Boat Basin shall not exceed -5 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 2) Excavation within the Access Channel and Forklift shall not exceed -7 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be pennitted between February I and June 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. f Any maintenance work or project modification not covered / hereunder requires further Division approval. For Braxton C. Davis, Director All work must cease when the pennit expires on Division of Coastal Management October 21, 2027 This permit and its conditions are hereby accepted. In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee �aooaaaaacaceoao-»000000-»oecoaooaw,eoeeaaoaaeoaaeeoao3,ow,a,aeaer000a+,000aoaoae ae9a-0i`000o49-004ie90000S099i090{MPi9aaa0a+aafaaJadedeed-0-0-0H-090ao4JO0ooa0od??9aao9eed+V?F}oA*Fh�6ti+aPYr}�U•Y}OPiA�}J'.�.ti+0+4'+t?!4T�}P}PTY>?Y. Port Cape Feai'AIJAVI LLC Permit No. 116-22 Page 2 of 4 MAR 0 ADDITIONAL CONDITIONS x DCM WILMINWON,NO 4) No excavation shall take place outside of the area indicated on the workplan drawings. ti 5) The temporary placement or double handling of excavated or fill materials within waters or vegetated j wetlands is not authorized. 6) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). 7) No excavation shall take place within 10 feet of any Coastal Wetlands. 8) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 9) Because the dredge material is being removed from an area that is closed to the taking of shellfish, discharges from the dewatering of dredge materials near any swimming areas between April 1 and October 31, or any area that is open to shell fishing, may require a swimming advisory to be posted or a shellfish closure to occur. The permittee shall contact the Division of Marine Fisheries--Shellfish Sanitation and Recreational Water Quality Section(252)726-7021 prior to dredging any activity for this determination. Dre(IV,e Material Disposal 10) No dredge material shall be placed within 30 feet of the mean high-water line. 11) All excavated materials shall be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 12) The diked disposal area shall be constructed a sufficient distance from the mean high-water level or any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material deposition into surrounding wetlands or waters. 13) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All remaining backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 14) The disposal area effluent shall be contained by pipe, trough,or similar device to a point at or beyond the mean high-water level to prevent gully erosion and unnecessary siltation. 15) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 16) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. w,�:,»»+.eeaxeeaeao-eaaa+ao-» eana.aean+.o.oeaonanee+h+ea o-woxa» �oanmoeaoawsr.o. aooeooesooaaaeaooaaaaaerssa�ssaeseooaaesaaoaaaaaaaaaa0000aaaoa000000aaaaees Port Cape Fear Associates, LLC Permit No. 116-22 Page 3 of 4 ADDITIONAL COVDITIONS 17) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. e 18) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. Maintenance Clause 19) The Division of Coastal Management shall be notified in writing at least two (2)weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 21) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 22) This pen-nit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 23) 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. 24) The pennittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. MAR f)(-'M VV11.M1NG,-1'0N. NG +ooa.+aewa+,•>aer,:yaxoaooaoaaoeeanee.�aweaaaero•xoen.>ao»<wancoo->aaaoacoacea.00->ooaoo .tuoaeoo•o-o•»oo-rro-Y,oswr,•»aasaoo•o-rrore,�rxot-:-tax<caassvax aaaowaaaaaaeawaoaa9ooaaeaaaae+,aoaaaaaaoaaaaaeaaeaaaaaaaaaaaoaoaaaaaaaeaaaeoo >.` �+`�-� Port Cape Fear Associates, LLC Permit No. 116-22 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations g required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5112 and assigned the project DWR Project No. 200502390. NOTE: Future development of the permittce'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$475 was received by DCM for this project. = ; IVF r. MAR 2023 ')CM W!!.MlNrTU� NG »yxs.+,.�oaeaeaaeaa•waeaea>r.awaeaaaoaaoe000saarsa,aoa+.anas.eaaoroaaa»eaaea..ar»aaaasao'.aa•�oas+.au+ :t•a.aoo•wwraaaa,�:�:o�.erx-c%ro-.:a�ro-..w:aavo->ao-0•o->ae•sa-wo. DAVEY#, ,, Resource Group March 1, 2023 GOLD BOND BUILDING PRODUCTS LLC k,IN O 6 2023 838 SUNNYVALE DRIVE WILMINGTON NC 28212 "CM Wl1_MINr70N, NG To Whom It May Concern: On behalf of Port Cape Fear Associates, Davey Resource Group, Inc. is submitting a CAMA Minor Modification request of Permit #116-22 for the addition of an upland spoil disposal area at Wilmington Marine Center. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 10 days of your receipt of this notice to: Bryan Mall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 10 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortchOdavey.com Sincerely, William A Dortch, Agent Davey Resource Group Inc. Enclosures www.davey.com • Phone: 910,452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY#- Resource Group March 1, 2023 GOLD BOND BUILDING PRODUCTS LLC hCM WIi.MINGTON, NC 2001 REXFORD ROAD CHARLOTTE NC 28211 To Whom It May Concern: On behalf of Port Cape Fear Associates, Davey Resource Group, Inc. is submitting a CAMA Minor Modification request of Permit #116-22 for the addition of an upland spoil disposal area at Wilmington Marine Center. The specifics of the proposed work are shown In the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 10 days of your receipt of this notice to: Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 10 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch0clavey.com Sincerely, r- i � ••I�� wM J`'RTLA_ William A Dortch, Agent Davey Resource Group Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DA Resource Group March 1, 2023 MAR 0 fi 2023 CAPE FEAR PUBLIC UTILITY AUTHORITY 0CM WILMINGTON, NC 235 GOVERNMENT CENTER DRIVE WILMINGTON NC 28403 To Whom It May Concern: On behalf of Port Cape Fear Associates, Davey Resource Group, Inc. is submitting a CAMA Minor Modification request of Permit #116-22 for the addition of an upland spoil disposal area at Wilmington Marine Center. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 10 days of your receipt of this notice to: Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 10 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch@davev.com Sincerely, 1 J09aTLA William A Dortch, Agent Davey Resource Group Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 4 • DELIVERY SENDER: • ■ Complete Items 1,2,and 3. A. Slgneture o Aoerrt ■ Print your name and address on the reveres X ,_, , ` - O Addressee so that we can return the card to you. 0 Received by(Printed Novo) t. Me Fit Delivery ■ Attach this card to the back of the mallplece, or on the front if space permits. ` 1. Article Addressed to: jVkD.is ddywy address different fnxn item 1 Yee if YES,enter delivery address below: ❑NO (6 �vAt; Or 1 I 3. Service Type ❑Frlorny Mdr Express® II��IIIII IIII�'I I II N I IIIIII�II II I�� I�III 0 Adult ❑Re9Vetered Mad'o ❑AduR Bgnalu•Reahlotd Delivery O PA91stered Mad Restrkied 11 Cemw Male ovivary 9590 9402 7301 2028 4635 87 a coiled Ma° °d D't"■ry 0 epnnah"nalve CoConnrrn TM ❑Cased on Ddive.y 2. AAlcle Nttrrtber(transfer lrom��r"'"`" D.tiven Reeo+oted Delivery Ree�lctd De" 7022 3330 0001 4244 4816 �t A'pm&,clad ps Form 3811,buy 2020 PSN 7ti90-02-00o eo5a C,) C S 1 Domestic Ratum Reoatpt ; s A. E3 AWd M CornplaW kerns 1,2,and 3. Addressee ■ Print your name and address on the reverse Anted Herne) to of DeIK-Y so that we can return the card to you. B. Recelved by(P �� ■ Attach this card to the back of the mallPieoe, (torn Rein 1? iJ Yes or on the front If space permits. D. tisYverY addre�dlfterent t Article Addressed Ur H YES,enter delivery address below. ttO ORbrlly Mom Eup(-sO 3. SWAM Type p Regr•tend Mail'" 0 nd„n SgnMure I11 It 1l1 I 1 111I 1111 11III Adult SVelure Rasuwted DON" a R ared McJI RealActW ❑ IIIIIII�I IIII 1'IIII IIIIII IIIIIII II I III 111�I 0 Cednd Melts Signal 0 Skjn■�B C,onnrrnetbn'" Cwtified Mall Respfated Dewery 0 Signature coMlrmatlon 9590 9402 7301 2028 4635 70 ❑a cow on oeMry R•tkted Wl-(y --,poiNvy Rasbicted Dellvery 2. Article Nr,mh,rrrnnQro.e+•^•�^,^ •"''9 2 q 4 4 7 3 etu Reetrlded Detvery 7022 3330 0 Q 01 pomesttc Return HeoPlpt ; July 2020 PSN 7530-OZ 000' Ps Form 3811, RECEIVED MAR 0 8 2023 OCM WILMINGTON, NC Postal Service"' U.S. Postal Service"' CERTIFIED MAIL") RECEIPT Ir Domostic may Only CERTIFIED MAILO RECEIPT -a Domestic Alail Only m r-q .:I- CO s ilmini•tony rnqi 0406 040 Er 12 ru 35 6 2 a- ; $3. GOwnFWeW Ai C ORI Oroknn recent IHM&N40 C H C fa U_ Halo 0 L1AW1&VMM�e Pmqulmd ZOC#dV-adWl tVl*d ff2- rl Amyx 0"A0 nftvctod rmuy 1 -3 OA&1t,-4-WJmP0,"*Q 9M . f'l AWL WgUbfll 11�611111& m L-j Noe we $1.74 m m m 0".24 rn 03/1.11/2023 m ru $ - 3 totnll�oelloQoBnOfT§.2 MIN f,u JV11) ru o C:' .......... r,, ....... naAW W5 RY Aii'Agi................... ........... Y&W, —...... �V Drl ........ �FC!M�O* i015 M 153CM.00-ON7 See Reverge for Instructions :14 U.S. Postal Service" - m CERTIFIED MAIU) RECEIPT ff, D0,71estic M,)i/Orj/Y y no on, HC 98 Lr ruo`rGenenvl6 rn I V rj FtbC*"P*d ph Ll Katum r4c,,tpe jow,t,or,q r,3 21 3 OCWrITOO Wh FW11clod 0,Wory MAR 3 EjAdoll$$6nfiWr9 RoWad [JAdOm" k-r-noted DahWy C3 ----------—— m M 1)CM WILMINGTON N( m UWAriiiiiiiiar$1.74 /2023 FU oily ru 1:3 V I &OX-mi., MR;WAFAR, ..........!i..... .............. USPS Tracking® FAQs > MAP 0 6 ?023 ncM WILMINGTON, NC Tracking Number: Remove X 70223330000192944793 Copy Add to Informed Delivery(https://informeddelivery.usps.com4 Latest Update Your item was delivered to the front desk, reception area, or mail room at 11:24 am on March 3, 2023 in WILMINGTON, NC 28403. m Get More Out of USPS Tracking: Cr o USPS Tracking Plus® 0 Delivered Delivered, Front Desk/Reception/Mail Room WILMINGTON, NC 28403 March 3, 2023, 11:24 am See All Tracking History Text & Email Updates u USPS Tracking PlusO u Product Information u See Less n Track Another Package Enter tracking or barcode numbers USPS Tracking® FAQs > MAI? 0 b 20/'-1 DCM WILMINGi'9N, NO Tracking Number: Remove X 70223330000192944816 Copy Add to Informed Delivery(https://Informeddelivery.usps.coml Latest Update Your item was delivered to an individual at the address at 11:04 am on March 3, 2023 in WILMINGTON, NC 28412. m Get More Out of USPS Tracking: a USPS Tracking Plus® a0�i Delivered Delivered, Left with Individual WILMINGTON, NC 28412 March 3, 2023, 11:04 am See All Tracking History Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 3/16/2023 Davey Resource Port Cape Fear United 9491 $100.00 Minor Mod Fee#116-22, NHCo BH rct. Group, Inc. Associates, LLC Bank 19502 I Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments Luck, Cameron A From: Bouffard, Christine <CBouffard@nhcgov.com> Sent: Tuesday, April 4, 2023 10:12 AM To: Luck, Cameron A Subject: [External] RE: CAMA Minor Modification Request: Port Cape Fear Associates, LLC # 116-22 CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Reoort Spam. New Hanover County has no objection comments. Best, Christine Christine Bouffard Zoning Compliance Official New Hanover County - Planning & Land Use- Planning &Zoning (910) 798-7074 p 1 (910) 798-7053 f CBouffard@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Luck,Cameron A<Cameron.Luck@ncdenr.gov> Sent:Tuesday, April 4, 2023 9:44 AM To: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey@usace.army.mil>; Bouffard, Christine <CBouffard@nhcgov.com>; Snider, Holley<holley.snider@ncdenr.gov>; Meilinger, Michael J <Michael.Meilinger@ncdenr.gov>; Kathryn Thurston<Kathryn.Thurston@wilmingtonnc.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Wetherill, Beth <BWetherill@nhcgov.com> Subject: RE: CAMA Minor Modification Request: Port Cape Fear Associates, LLC#116-22 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Waiting for comments on this project still. If you have had a chance to review, please provide at your earliest convenience. Thanks! Cameron Luck Assistant Major Permits Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5419 -office Cameron.Luck(o)ncdenr.gov 4N�r.,GA �IND EQ�� ��M Emlromwnbl OUNry� 400 Commerce Avenue Luck, Cameron A From: Snider, Holley Sent: Tuesday, May 9, 2023 12:57 PM To: Pietila, Tanya K;WilmingtonNCREG; Currey, Gregory E CIV USARMY CESAD (USA); 'Bouffard, Christine'; Meilinger, Michael J; Kathryn Thurston; Harding, Kimberlee k; Wetherill, Beth Cc: Luck, Cameron A; Hall, Bryan L; MacPherson, Tara; Cannon, Amanda J Subject: RE: CAMA Minor Modification Request: Port Cape Fear Associates, LLC #116-22 Attachments: 20050239v3_Port Cape Fear Assoc_IWQC_NHCo_Aug.22.docx.pdf Good afternoon All, The impacts described in your minor modification request to the existing CAMA major permit remain consistent with the approved DWR Individual Water Quality Certification (WQC005112). A copy of the approval letter has been attached to this email for reference. DWR will not the changes in the project record. Please feel free to call or email me if you have any additional questions. Sincerely, Holley Snider ...—. ,>�((((°>•, . .,,..><((((°>. '- Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 DOE - 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third patties From: Pietila,Tanya K<tanya.pietila@ncdenr.gov> Sent:Thursday, March 16, 2023 1:19 PM To: WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey@usace.army.mil>; 'Bouffard, Christine' <CBouffard@nhcgov.com>; Snider, Holley <holley.snider@ncdenr.gov>; Meilinger, Michael J <Michael.Meilinger@ncdenr.gov>; Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov>; Harding, Kimberlee k<Kimberlee.Harding@ncdenr.gov>; Wetherill, Beth <betherill@nhcgov.com> Cc: Luck, Cameron A<Cameron.Luck@ncdenr.gov>; Hall, Bryan L<Bryan.L.Hall @ncdenr.gov>; MacPherson,Tara <tara.macpherson@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject:CAMA Minor Modification Request: Port Cape Fear Associates, LLC#116-22 Hello all, Please accept this request for a CAMA Minor Modification to Major Permit No. 116-22 from the above subject property in Wilmington, New Hanover County. Please reply to Cameron Luck before March 30, 2023 at cameron.luck(a�ncndenr.gov with your questions, comments or concerns. i Luck, Cameron A From: Harding, Kimberlee k Sent: Tuesday, April 4, 2023 9:54 AM To: Pietila, Tanya K;WilmingtonNCREG; Currey, Gregory E CIV USARMY CESAD (USA); 'Bouffard, Christine'; Snider, Holley; Meilinger, Michael J; Kathryn Thurston; Wetherill, Beth Cc: Luck, Cameron A; Hall, Bryan L; MacPherson,Tara; Cannon, Amanda J Subject: RE: CAMA Minor Modification Request: Port Cape Fear Associates, LLC #116-22 The NCDMF does not have any objections to the major modification for Permit 116-22.The Division does not object to removing the in-water-work moratorium with the condition of a turbidity curtain to be used for every dredge event preventing sediment plumes from leaving the basin. Kim Harding Kim6erlee Harding habitat and E_nhancement Section NC Division of Marine �isheries Llmberlee.kardinL�,y@ncdenr.P,,ov 9 I o.796.7475 (Office) From: Pietila,Tanya K<tanya.pietila@ncdenr.gov> Sent:Thursday, March 16, 2023 1:19 PM To:WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey@usace.army.mil>; 'Bouffard, Christine' <CBouffard@nhcgov.com>; Snider, Holley <holley.snider@ncdenr.gov>; Meilinger, Michael 1 <Michael.Meilinger@ncdenr.gov>; Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov>; Harding, Kimberlee k<Kimberlee.Harding@ncdenr.gov>; Wetherill, Beth <bwetherill@nhcgov.com> Cc: Luck, Cameron A<Cameron.Luck@ncdenr.gov>; Hall, Bryan L<Bryan.L.Hall@ncdenr.gov>; MacPherson,Tara <tara.macpherson@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: CAMA Minor Modification Request: Port Cape Fear Associates, LLC#116-22 Hello all, Please accept this request for a CAMA Minor Modification to Major Permit No. 116-22 from the above subject property in Wilmington, New Hanover County. Please reply to Cameron Luck before March 30, 2023 at came ron.Iuck(cDncndenr.gov with your questions, comments or concerns. Thank you! Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management Find a Field Rep (arcgis.com) 1 Luck, Cameron A From: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Sent: Wednesday, April 5, 2023 3:16 PM To: Pietila, Tanya K;WilmingtonNCREG; Currey, Gregory E CIV USARMY CESAD (USA); 'Bouffard, Christine'; Snider, Holley; Meilinger, Michael J; Harding, Kimberlee k;Wetherill, Beth Cc: Luck, Cameron A; Hall, Bryan L; MacPherson, Tara; Cannon, Amanda J Subject: [External] RE: CAMA Minor Modification Request: Port Cape Fear Associates, LLC# 116-22 CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Hi Tanya, No comments from the City on this one. Thanks! Kathryn From: Pietila,Tanya K<tanya.pietila@ncdenr.gov> Sent:Thursday, March 16, 2023 1:19 PM To: WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey@usace.army.mil>; 'Bouffard, Christine' <CBouffard@nhcgov.com>; Snider, Holley <holley.snider@ncdenr.gov>; Meilinger, Michael J<Michael.Meilinger@ncdenr.gov>; Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov>; Harding, Kimberlee k<Kimberlee.Harding@ncdenr.gov>; Wetherill, Beth <bwetherill@nhcgov.com> Cc: Luck, Cameron A<Cameron.Luck@ncdenr.gov>; Hall, Bryan L<Bryan.L.Hall @ncdenr.gov>; MacPherson,Tara <tara.macpherson@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject:CAMA Minor Modification Request: Port Cape Fear Associates, LLC#116-22 Hello all, Please accept this request for a CAMA Minor Modification to Major Permit No. 116-22 from the above subject property in Wilmington, New Hanover County. Please reply to Cameron Luck before March 30, 2023 at cameron.luck(a)ncndenr.gov with your questions, comments or concerns. Thank you! Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management Find a Field Rep(arcgis.com) 127 Cardinal Drive Ext. Wilmington, NC 28405 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON,NORTH CAROLINA 28403-1343 May 16,2023 Regulatory Division Action ID No. SAW 2002-00335 Port Cape Fear Associates, LLC 3410 River Road Wilmington,NC 28412 Dear Sir or Mam: Reference your application for a Department of the Army permit to construct an additional spoil disposal basin. The spoil disposal basin will be located landward of jurisdictional wetlands. Temporary HDPE inlet and outlet pipes will be used during maintenance events and will be located in the southeast corner of the basin. The temporary HDPE pipe will cross 404 wetlands during maintenance events,however no permanent impacts are proposed. Special Condition: All maintenance dredging conditions of the permit issued December 1,2022 still apply. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process,via Regional General Permit 291 (copy attached), for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with the applicable State authorization, attached Federal special conditions, RGP-291 conditions and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. This authorization expires December 31, 2026. If any change in your work is required because of unforeseen or altered conditions or for any other reason,plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. -2- Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Branch,telephone 910-523-1151 or email Gregory.e.currey@usace.army.mil. Sincerely, Digitally signed by CURREY.GREGORY.E CURREY.GREGORY.EUGENE.10510 U G E N E.10510119 5 0 11950 Date:2023.05.1610:37:30-04'00' Greg Currey, Project Manager Wilmington Regulatory Field Office Copies Furnished by Email: NCDEQ/DWR; Ms. Holley Snider NCDEQ/DCM; Mr. Cameron Luck NCDEQ/DCM; Mr. Bryan Hall NCDEQ/DCM; Ms.Amanda Cannon Davey Resource Group; Andy Dortch