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
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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
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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
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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
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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
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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:
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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
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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
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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
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$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
$3.05
Tracking N:
9590 9402 6335 0296 5140 79
Total
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First -Class Mail$ 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
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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
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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
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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
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^
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118
Ild
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108
142
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-- -8.1
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110
11.1
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116
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134
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113
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129
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96
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EX.ENIRANCE
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0.Y---17,5
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a91 $ C 69 A N Do
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7..9 73 68 63 6B 63 u
90 7A 6s SI 67
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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
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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
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N^
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6.7
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6.9
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6.9
6.3
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6.8
6.3
6.4 7.0 64 6.1
6.7
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6.4
6.5
6.4
6.4
6.4
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6.5
6.5
6.5
6.6
6.6
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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
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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
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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
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6.9
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6.8
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6.8
6.7
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5.9
5.8
5.8
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5.8
5.7
5.8
5,8
6,1
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6.0
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6.1
6.1
6.2
6.3
6.5
6.7
6.8
6.8
6.8
6.6
6.5
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6.3
6.3
62
6.4
64
6.5
6.4
6.4
6,4
6 6.4
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6.1
5.9
58
5.9
5.9
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5.9
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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
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5.9
5.6
5.6
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5.6
5.7
57
5.7
17
5.8
5,7
6.4
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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
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6,9
7.0
63
6.9
6.9
7A
6,A9
65
6,2
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5.8
58
5.9
5.8
5,8
5.8
5.9
5,8
5.9
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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
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6.5
6.2
6.2
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-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
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Wilmington Marine Center Volumes
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' Depth(MLW) Volufne(CY) Depth(MLW) Volume O')
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-8 34,882
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BATHYMETRY & CONTOURS - MARINA
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Wilmington Marine Center Volumes I �y
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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
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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
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CHANNEL EDGCTV € .,}
- USACE Setback
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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 � � - -
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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
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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