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HomeMy WebLinkAbout37-15 Jam PropertiesPermit Class NEW Permit Number 37-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to .Yam Properties c/o Dan Smith,1838 Sir Tyler Drive Suite 210, Wilmington, NC 28405 Authorizing development in New Hanover County at adi Middle Sound (AIW)V). 8312 Bald Eagle Lane Wilminglon as requested in the permittee's application dated 12/9/14 QIP 1) and 12/12/14 (MP-4), including the attached workplan drawings (2) both dated 11/29/14 This permit, issued on March 10, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) Unless specifically altered herein, this permit authorizes the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) 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 December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the aumorny or me becrerary or Lawn auu u,c Chairman of the Coastal Resources Commission. ,J/�rr Braxton C. Davis, Director 13ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Jam Properties c/o Dan Smith Permit #37-15 Page 2 of 3 ADDiI'IONAL CONDITIONS. 3) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIW W channel. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) This permit authorizes (2) two additional boat slips for a total of (4) four formalized boatslips in . association with this docking facility. General 9) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of"North Carolina on account of any such removal or alteration. 10) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. 11) 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. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Jam Properties c/o Dan Smith Permit #37-15 Page 3 of 3 ADDITIONAL CONIDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 15-0040. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00244, which was issued on 2/5/15. NOTE: An application processing fee of $250 was received by DCM for this project. IN MP4 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Jam Properties Applicant 1: First Name MI Last Name Dan Smith Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1838 Sir Tyler Drive Suite 210 Wilmington nc ZIP Country Phone No. FAX No. 28405 New Hanover 910 - 200 - 3454 ext. Street Address (ifdifferent from strove) City State ZIP 8132 Bald Eagle Ln Wilmington NC 28411- Email dan@shp2.com 2. AgentContractor Information Business Name Clements Marine Construction Inc,. Agent/ Contractor 1: First Name MI Last Name Mark H Clements Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 112 Circle Drive Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910-620-9110 ext. 910-270-9110 ext. FAX No. Contractor # same 1AN 19 70'S Street Address (if different from above) City State ZIP DOM-40HO G Email clementsmarineco@bellsouth.net R EC E N E "J pCM WILMIrvUIvw, 4V <Form continues on back> DEC 2 2 2014 252-808-2ti::n .. : as8-41RL,rAST .. wmw.nccoastalmanagement.net /` Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 8132 Bald Eagle Ln. US HWY 17 Subdivision Name City State Zip porters neck Wilmington NC 28443 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 620 - 9505 ext. 1, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project AICW 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 AICW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. New Hanover 4. Site Description a. Total length of shoreline on the tract (@.) b. Size of entire tract (sq.ft.) 100, 23841 sq ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.56 ac NWL (normal water level) 15' SNHW or❑NWL (lf many lot sizes, please attach additional page with a list) e. Vegetation on tract lawn grass some oak trees f. Man-made features and uses now on tract private home and pier g. Identify and describe the existing land uses adfacent to the proposed project site. private residential homes It. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? r-20 (Attach zoning compliance certificate, if applicable) RECEIVED ®Yes []No ❑NA p j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo DGM-MHJ 42 k. Has a professional archaeological assessment been done for the tract? If yes, attach a ropy. []Yes SNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes SNo NA National Register listed or eligible property? RECEIVED <Form continues on next page> DEC 222014 NC 252-808.2808 :: 1-888-4 RC J A:i: :. www.nccoastalmanagement.net I Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) n. Describe existing wastewater treatment facilities. septic o. Describe existing drinking water supply source. well and or county p. Describe existing storm water management or treatment systems. n/a ❑Yes ONO ❑Yes ONO ❑Yes ®No 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublicJGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. private home with existing dock used for pleasure boating. 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. To install a floating dock to the existing dock to gain more slips for other [oats owned. A barge will be used to install the pilings to hold the floater in place, no equipment will be stored at site. d. List all development activities you propose. To install one new floating dock to existing pier. e. Are the proposed activities maintenance of an existing project, new work, or bath? new f. What is the approximate total disturbed land area resulting from the proposed project? none ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ONO []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. surface runoff RECEIVED 1AN 11 hN4 I. Will wastewater or stomtwater be discharged into a wetland? ❑Yes ONO ❑NA ' If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. rftl..tIVI.0 <Forrn continues on back> DCM WILMINGTON, NC DEC 222014 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net A� Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformadon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application Instruction booklet on how to propedy prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, Deady indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Paul Rehder Phone No. 910-686-3451 Address 8128 Bald Eagle In Wilmington NC 28411 Name Michael Cosenza Phone No. 410-757-0340 Address 403 Tee Court, Amold,MD 21012 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Ap- h.5vz4 - 1) h. Signed consultant or agent authorization form, if applicable. I. Wetland 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. 7. Certtation and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. 1 further certify that the information provided in this application is truthful to the best of my knowledge. Date 12&2014 Print Name Mark Clements RECEIVED Signature JAN 1.4 105 DCM-MHD CITY 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 RECEIVED ®DCM MP-4 Structures Information DCM WILMINGTON, NC DEC222014 252-808-2808 :: 1.888-4RCOAST :: www.nccoasta lmanagement. net l� Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment ®Private/Community [I This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number If yes: (iii) Length (ii) Number 1 (iv) Width (iii) Length 42' (v) Floating ❑Yes []No IN) Width 4' (v) Floating []Yes ®No e. (i) Are Platforms included? ❑Yes ®No f. (i) Are Boatlifts included? []Yes []No If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 20' (iii) Length (iv) Width 8' (iv) Width (v) Floating ®Yes []No Note: Roofed areas are calculated from dnpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 2 ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: — ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel mixed ®Open water; no dredging required RECEIVED []Other; please describe: — JAN 1 A 705 t3P,M-tMli9 �IIY k. Typical boat length: 25' I. (i) Will the facility be open to the general public? ❑Yes ®No in. (i) Will the facility have tie pilings? RECEIVED ❑Yes ®No (ii) If yes number of tie pilings? DCM WILMINGTON, NC DEC 222014 252.808.2808 :: 1-888-4RCOAST :: wvvw.nccoastalmanaaement.net revised: 12/27/06 /�) Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACIUMMARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. (if) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and 'No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marinaldocking facility proposed within a primary or secondary nursery area? BPIM-ffY!Mlrf CtiV' ❑Yes []No 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 F6rtn DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None p. Is the proposed marinaldodking facility located within or within dose proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leasehokler(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse strucure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheelpide, etc. It a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length _ (in) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PublictGovernment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) DCM-NWD GTY RECEIVED DCM WILMINGTON, NC DEC 222014 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Fdrrtt DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. N 35' S.25' N. 40' S.75' Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 532.12 e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 3.2 NLW 8. OTHER ❑This section not applicable a. Give complete description: We are proposing to build a new floating dock to add to our existing dock and build a finger pier to access the floating docks.. 12/12/14 Date jam properties Project Name mark clements Applicant N e 17 ApiSfirant Signature RECEIVED JAN 13 1n15 BBM•MM9 P,IPY RECEIVED DCM WILMINGTON, NC DEC222014 252-808.2808 :: 1.868-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 /✓ AsCW Z� I 16`ts t I N � I 6 Ifs RECEI�✓ED RECEIVED DCM WILMINGTON, NC I JAN 1 2015 D E C 2 2 2014 DCM•M D CffY 13316NoreLlne, C„ Ex13tpJq (3uIKNead-0' .IAK Pro r�Yl—QAN M I Seale I"= zo' Itio. IrbL (r C D. DAN 6n� l �h )I-zq-14INIiC LaI2 �� � A�0• zOiZ RECEIVED JANA70n RECEIVED DCM WILMINGTON, NC DEC 222014 /S A�� z NCDENR North Carolina Department of Environment and Pat McCrory Governor March 10, 2015 Mr. Dan Smith JAM Properties 1838 Sir Tyler Dr., Suite 210 Wilmington, NC 28405 Subject: EXEMPTION Stormwater Project No. SW8150115 JAM Properties Private Docking Facility New Hanover County Dear Mr. Smith: Natural Resources Donald van der Vaart Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on January 9, 2015. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. Sincerely, For Tracy E. Is, P.E., Director Division of Energy, Mineral, and Land Resources GDS/arl: G:\WQ\Shared\Stonmwater\Permits & Projects\2015 \150115 Exemption\2015 03 permit 150115 cc: Mark Clements; Clements Marine Construction, Inc. New Hanover County Building Inspections Shaun Simpson/Robb Mairs, WIRO DCM Jonathan Howell, DCM Wilmington Regional Office Stormwater File Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405• (910) 796-72151 Fax: (910) 350.2004 RECEIVED MAR 10 2M Dean-rs..-" 0i® MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 11, 2015 Jam Properties c/o Dan Smith 1838 Sir Tyler Drive, Suite 210 Wilmington, N.C. 28405 Dear Sir or Madam: Donald R. van der Vaart Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope: Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance. with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, p' Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity/Affirmative Action Employer DCM Coordinator: '� Permit #:_3 7 �r MAILING DISTRIBUTION SHEET v Agents: Mawl6 C� 21Ne c DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington mmgton �S 3 US ACOE Offices: Washington: Raleigh Bland Wilmington: T er Crum Cultural Resources: Renee Gledhill -Early or (e nmentalrev_iew@ncdcr.gov Public Water Supply: Qjghe J. ams ) Joey White (WARD) NC DOT: � Shellfish Sanitation: -Fowler State Property: im W Water Resources: -K i gins R John Hennessy (NC DOT) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis — 401 ad Coburn - 01 m a Lewis - Stormwater Wildlife Resources: LPO: Fax Distribution: Mari unn (WAR Permitee Agent #:_ DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: JAMProperdes, Inc. do Dan Smith COUNTY: New Hanover PROJECT NAME: Smith Docking Facility LOCATION OF PROJECT: 8132 Bald Eagle Lane, adjacent to the AIWW & Middle Sound, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD:12-22-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs DISTRICT MANAGER REVIEW: ✓� B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 1-12-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: Onual C) 75 DAY DEADLINE::I I MAIL OUT DATE:1-9-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: END OF NOTICE DATE: 2-2-15 DEED REC : ON: l I f , 150 DAY DEADLINE: STATE DUE DATE: 2-2-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative +- 14- /5- ✓ Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) f Z o is Division of Water Resources (401) - I�i'IS Storm Water Management (DEMLR) 1- I State Property Office 3 IS Division of Archives & History Division of Environmental Health Division of Highways 2- 12- Wildlife Resources Commission i,�- ✓ Local Permit Office i Z o" is Division of Marine Fisheries / DCM _ .- / - Corps of Engineers 2 Ad - is ?Ws I-Zo-%Y de ,,,�. , ., -- - DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OP: February 5, 2015 Regulatory Division Action ID No. SAW-2015-00244 General Permit No. 197800056 Jam Properties, Inc. Attn: Mr. Dan Smith 1838 Sir Tyler Drive Suite 210 Wilmington, North Carolina 28405' Dear Mr. Smith: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to construct a docking facility at 8132 Bald Eagle Lane, adjacent to the AIWW and Middle Sound, Wilmington, New Hanover County, North Carolina. On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized by this permit provided it is accomplished in strict accordance with the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility toRFCEVED obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. FEB 0 9 2015 DCM-MHD CITY RECEIVED FEB 09 � )7 AO Ax'HD CITY -2- Thank you for your time and cooperation. If you have questions, please contact Tyler Crumbley, of the Wilmington Regulatory Field Office, telephone: (910) 251-4170. Sincerely, Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Enclosure: GP 56 conditions Copies Furnished (w/o enclosure): North Carolina Department of Environment and Natural Resources Attn: Mr. Chad Coburn Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 North Carolina Department of Environment and Natural Resources Attn: Mr. Robb Mairs Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 North Carolina Department of Environment and Natural Resources Attn: Mr. Jonathan Howell Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 RECEIVED FEB 0 9 70',, p'bre-17HD CITY DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343. http://www.saw.usace.army.miMnANDS/index.html General Permit No. 197800056 Name of Permittee: General Public Effective Date: January 1.2011 Expiration Date: December 31, 2016 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERNUT A general permit to perform work in or affecting navigable waters of the United States and . waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10'of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by District Commander U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403- 1343 TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, BOATHOUSES AND BOAT SHELTERS, MOORING PILES, DOLPHINS, JETTIES, GROINS AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. Projects must be constructed in conformance with following standards in order to be authorized by this RGP. All piers, docks, boathouses and boat shelters will be pile -supported or floating structures. 2, Mooring piles, dolphins, jetties and breakwater structures may be constructed of wood, metal, or pre -cast concrete. Groins may be constructed of wood, pre -cast concrete, or rock riprap. 3. Breakwater structures will be designed to provide for adequate water circulation landward of the structures. RECEIVED FEB 0 9 7015 DCM-MHn.CIiV This RGP does not authorize excavation or the discharge of excavated or fill material within Waters of the US, except for the placement of rip -rap material for groin construction. This RGP does not authorize any work on Atlantic Ocean beaches. The following definitions should be used for purposes of this regional general permit (RGP): a. Mean high water mark OA14WhM: The line on the shore, in tidal water, reached by the plane of the mean (average) high water. The precise determination of the actual location of the line can be established by survey with the reference to the available tidal datum, preferably averaged over a period of 18.6 years. A less precise method, such as observation of the apparent shoreline, which is determined by reference to physical markings, lines of vegetation, may be used for. the purpose of this permit. b. QLdj= High Water Mark (OHWMD . The line on the shore, in non -tidal waters; . established by the fluctuations of water indicated by physical characteristics such as 'clear-, natural line impressed on the bank; shelving changes in the soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas. Special Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the Commander's Policy on Setbacks Along Federally Authorized Channels. You may review a copy of the policy at http://www.saw.usace.army.mil/WETLANDS/library.html b. This general permit does not authorize construction across or into any natural or manmade channel or water body in any manner that may adversely affect navigation by the general public. c. Piers, docks, boathouses, boat shelters and mooring piles authorized by this general permit may be extended or be located up to 400 feet waterward of the mean high water (MHWM) elevation contour (tidal areas) or the Ordinary High Water Mark (OHWMI elevation contour (non -tidal areas) or one-third (1/3) the width of a natural water body, whichever is closer to the shoreline, except as otherwise governed by the presence of a Federally maintained channel. d. The width of any pier will not exceed six (6) feet; unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. e. The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. The maximum size of any individual component of the docking facility authorized by this 2 RECEIVED FEB 0 9 10b D�`�A"�W[lE.t b16C General Permit shall not exceed 400 square feet unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. f. Boathouses and boat shelters will not be enclosed and will not exceed 400 square feet. Boatlifts will be open and will not exceed 400 square feet. g. Boathouses, boatlifts, boat shelters and floating piers will not be constructed over Federally jurisdictional wetlands. h. Docks and piers extending over wetlands will he elevated sufficiently (minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. i. Piers, docks, boat houses, and boat shelters shall not be constructed in seagrasses and other submerged aquatic vegetation. j. Wooden jetties will not extend farther than 100 feet waterward of the MHWM (tidal areas) or the OHWM elevation contours. k. This general pemut does not authorize the installation of fueling facilities on authorized structures. 1. Riprap groins shall not exceed abase width of 10 feet or extend more than 25 feet waterward of the mean high water or normal water level elevation contour. m. Riprap groins must be constructed of clean rock or masonry material and be of sufficient size to prevent displacement by wave or current action. n. Riprap groins shall not be located within primary nursery areas, submerged aquatic vegetation, or areas identified as essential fish habitat. o. Floating structures will be supported by material that will not become waterlogged or sink when punctured, will be installed to provide for fluctuations of water elevation, will be designed so that the structure will not rest on the bottom at any time and will be secured in such manner as to not break away. p. Breakwater structures will be no longer than 500 feet. They will have a minimum of one - inch openings between standard width (6 to 12-inch) sheathing boards and at least one, five-foot wide opening for each 100 linear feet of structure. q. Breakwater structures may not be constructed so as to prohibit access to estuarine waters or public trust areas. a-cuvi D FEB 0 9 1015 I'7�^A•/'AW fIW b��G r. If the display of lights and signals on the authorized structure is not otherwise provided for by law; such lights and signals as may be prescribed.by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. s. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. t. This general permit does not authorize habitable structures or any structure or associated facility for nonwater-related use. u. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance,. improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the permittee, in the event that, in the judgment of the U.S. Army Corps of Engineers (USACE) acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. v. This general permit does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(bx5). w. Should all or part of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management before the onset of the proposed activity. Should a Federal activity within any one of North Carolina's twenty coastal counties or which could affect a coastal use or resource in any one of North Carolina's twenty coastal counties be proposed by a Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina Division of Coastal Management before the onset of the proposed activity. General Conditions. a. Except as authorized by this general permit or any USACE approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. RECEIVED FEB 0 9 1015 ®9+M=fs1H5 CITY c. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Quality. d. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). e. The activities authorized by this general -permit must not interfere with the public's right to free navigation on all navigable waters of the United States. ido attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. f. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. g. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary.of the Army or his authorized representative may direct, restore the affected water of the United States to its former conditions. h. The permittee will allow the Wilmington District Engineer or his representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. i. This general permit does not grant any property rights or exclusive privileges. j. This permit does not authorize any injury to the property or rights of others. k. This general permit does not authorize the interference with any existing or proposed federal project. 1. In issuing this permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpemritted activities or from natural causes. RECEIVED FEB 0 9 20ih oikaµ. Aqur, r-irV i (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest: (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (4) Design or construction deficiencies associated with the permitted work (5) Damage claims associated with any future modification, suspension, or revocation of this permit. in. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. n. This general permit does not authorize any activity which the District Engineer determines, after any necessary investigations, would adversely affect: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those, proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by state and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. o. This general permit does not authorize any activity which will adversely affect any threatened or endangered species or a species proposed for such designation, or their designated critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531). Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices or at the following internet address: http://www.ncnhp.org/Pages/heritagedata.html. or htip://ne-es.fws.gov/es/es.htmi. Pemvttees should notify the Corps if any listed species or designated critical habitat might be affected by the proposed project and may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. p. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a RECEIVED FEB U 9 2015 Ocm- �""D CITY floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. q. The peimittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. r. The permittee must maintain any structure or work authorized by this permit in good condition and in conformance with the terms and conditions of this permit. The Pemuttee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this permit will automatically transfer this permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this permit and provide the subsequent owner with a copy of the terms and conditions of this permit. s. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. t. Except as authorized by this general permit or any USACE approved modification to this general permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. u. Except as authorized by this general permit or any USACE approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. v. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit which were in effect at the time the activity was completed continue to be authorized by the general permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: erson cavage Colonel, U.S. Army District Engineer RECEIVED FEB 0 9 P015 OCM-Ratio our NCDA North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 11, 2015 JAM Properties s.zr. van Smith 1838 Sir Tyler Drive, Suite 210 Wilmington NC 28405 Subject Property: 8132 Bald Eagle Lane— Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Mr. Smith, Donald R. van der Vaart Secretary DWQ Project # 15-0040 New Hanover County You have our approval, in accordance with the attached conditions to reconfigure an existing docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on January 13, 2015. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at httt)://Dortal.ncdenr.oreweb/wg/swt)/ws/401/cenmdpennits. This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 1617 Mail Service Center, Raleigh, North Carolina 27699-1601 RECEIVED Phone: 919-707-86W \ Internet: www,ncdenr.gov An Equal Opportunity l Alfinnal ve Action Employer - Made in pad M recycled PaPer FEB 19 7"r WQwMa" $>!'" �r 8132 Bald Eagle Lane New Hanover Cowty 2015-0040 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Biggins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, 6 X/ �eI4 Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR RECEIVED FEB 19 2nb KIo-kwivAOH f..l{y Enclosures: GC3883 Certificate of Completion cc: Mark Clements — Clements Marine Construction, Inc., 112 Circle Drive, Hampstead, NC 28443 Jonathan Howell — DCM Morehead City Robb Mairs — DCM WiRO Tyler Crumbley — USACE Wilmington Field Office Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO j'*fATA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 11, 2015 JAM Properties Mr. Dan Smith 1838 Sir Tyler Drive, Suite 210 Wilmington NC 28405 Donald R. van der Vaart Secretary DWQ Project # 15-0040 New Hanover County Subject Property: 8132 Bald Eagle Lane- Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Mr. Smith, You have our approval, in accordance with the attached conditions to reconfigure an existing docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on January 13, 2015. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at hU://portal nedenr org/web/wq/M/ws/401/dertsandpennits. This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 1617 Mail Service Center, Raleigh, Noah Carolina 27699-1601 Phone: 919-707-8600 1 Internet: www.ncdenr.gov RECEIVED An Equal Opportunity l Affirmative Adon Employer- Made in part by recycled paper FEB 19 70'c / w9wrAwF ,I?" 2 8132 Bald Eagle Lane New Hanover County 2015-0040 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR RECEIVED FEB 19 10b K)' eWA VAQH H+�Y Enclosures: GC3883 Certificate of Completion cc: Mark Clements — Clements Marine Construction, Inc., 112 Circle Drive, Hampstead, NC 28443 Jonathan Howell — DCM Morehead City Robb Mairs — DCM WiRO Tyler Crumbley — USACE Wilmington Field Office Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date RECEIVED FEB 19 2015 RECEIVED FEB AMA. REBENR North Carolina Department of Environment and Natural Pat McCrory Governor January 9, 2014 Division of Coastal Management MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR - WiRO Resource Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: JAM Properties, Inc. c% Dan Smith Project Location: 8132 Bald Eagle Ln., adjacent to the AIWW & Middle Sound, in Wilm., New Hanover Co. Proposed Project: private docking facility expansion Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by Jasuaq—%--2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. RECEIVED REPLY: This agency, has no objection to the project as proposed. FEB 19 701; This agency has no comment on the proposed project. Ht-M-00kI, w, This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Intemet: www.nocoastalmanagement.net An Equal Opportunity 1 AfOrmalive Action Employer RECEIVED FEB 19 2015 Mpwromom t m NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 9, 2014 Donald R. van der Vaart Secretary AISTRICT 3 JAN 15 201,i Division of Coastal Management MEMORANDUM: RECEIVED TO: Anthony Law NC DOT New Hanover County FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: JAM Properties, Inc, c/o Dan Smith Project Location: 8132 Bald Eagle Ln., adjacent to the AIWW & Middle Sound, in Wilm., New Hanover Co. Proposed Project: private docking facility expansion Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by Januai2015. If you have any questions regarding the proposed project, contact Robb Mairs 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. `This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED E� --- DATE Zl7//`— R D FEB 12 2015 N.C. Division of Coastal Management 4,n 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nocoastalmanagement.net An Equal Opportunity , A(<nnative Action Employer RECEIVED FEB 12 p-A OCM-MHD Cav NCD4 ENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary RECEIVED January 9, 2014 JAN 12 2015 Division of Coastal Management MEMORANDUM: DOA STATE PROPERTY TO: Tim Walton OFFICE Dept of Administration State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: JAM Properties, Inc. c/o Dan Smith Project Location: 8132 Bald Eagle Ln., adjacent to the AIWW 6 Middle Sound, in Wilm., New Hanover Co. Proposed Project: private docking facility expansion Please indicate below your agency's position or viewpoint on the proposed pro e t and return this form to Jonathan Howell at the address above by Jan , 2015. If you have any questions regarding the proposed project, contact Rob Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. 6e5 tden%%`ct REP 5�e* Sirs) I'd vd SIGNED This agency has no objection to the project as proposed. his 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. DATE I 2� l J stal Management Wilmington, NC 28405 Phone: 910-796-7215 1 FAX: 910-395-3964 intemeC www.nocoastalmanagement.net RECENED FEB 0 S DCM-MHD CiT' An Equal Opportunity 1 Affinalive Action Employer NCDE NR tIISTIC'1 ticScRVr1TlONOFftCE orth Carolina Department of Environment and Natural Resource Pat.MCCtofy Donald:R. van der vaart Governor: Secretary January 9, 2014 Division of Coastal Management MEMORANDUM: TOt Renee Giedhilt-Early tG'I Dept. of'Cuttural Resources Archives & History FROM: Jonathan Howell, NO DENR-DCM'Assistant Major Permits Coordinator 4.00 Commerce Avenue, Morehead City, NC 28557 (Courier 11=22-09) SUBJECT: CAMA Application Review Applicant: JAM Properties, Inc. clo Dan Smith Project Location: 6132 Bald Eagle Cn., adjacent to, the AIWW'& Middle Sound, in Wilm„ New Hanover Co. Proposed Project: private docking facility expansion Please indicate below your agency's position or viewpoint on'the proposed project and return this form to Jonathan tlo ' 9 at the address above bysJanuaryy-15, 2015. If you have any questions- regarding the proposed project, contact Robb Mairs at (910)796=7423 when appropriate, in depthcomments with -supporting data, is requested. REPLY: This -agency has no objection to the projectas proposed'. .This agency has`no comment on the proposed project. This agency approves, of the projecf.onlyif'the recommended changes, are incorporated..'See attached. T.hisagency objects to the project for reasons described in the attached comments. SIGNED DATE a IS Kc, Division of Coastal 4lsnagenml 127 Gar4'nal Drive at, Pr h*gton, Nt 28405 Pitonfr,910-70M12l5VFAX-,910 D-5-3E64l6temet,�vznv.n�nastatmanaaement.net NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary c-tS ot- t3.J2 January 9, 2014 ����121314/s� Division of Coastal Management JAN 2015 MEMORANDUM: to R ECEItiED rC-1 TO: Maria Dunn �' C►serraon l�0�6 NCWRWaROCWiRO Al !29 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: JAM Properties, Inc. c% Dan Smith Project Location: 8132 Bald Eagle Ln., adjacent to the AIWW & Middle Sound, in Wilm., New Hanover Co. Proposed Project: private docking facility expansion li /A ,;�— Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by J , 2015. If you have any questions regarding the proposed project, contact R b Mairs 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. /This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED I • t DATE RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 JAN 20 Phone 910-796-72151 FAX 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer ,A ��- NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 9, 2014 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: JAM Properties, Inc. c% Dan Smith Project Location: 8132 Bald Eagle Ln., adjacent to the AIWW & Middle Sound, in Wilm., New Hanover Co. Proposed Project: private docking facility expansion Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by JaauaP1-l&;-2015. If you have any questions regarding the proposed project, contact Robb Mairs 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. This agency has no comment on the proposed project. RECEIVED This agency approves of the project only if the recommended change4AN 2 0 2015 are incorporated. See attached. 0b .- This agency objects to the project for reasons described in the attached comments. SIGNED r��A _'y/_ �ij, DATE < N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www,nocoastalmanagement.net An Equal Opportunity 1Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 9, 2014 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO Donald R. van der Vaart Secretary E.GEIVE JAN092015 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: JAM Properties, Inc. c% Dan Smith Project Location: 8132 Bald Eagle Ln., adjacent to the AIWW & Middle Sound, in Wilm., New Hanover Co. Proposed Project: private docking facility expansion Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by J_anuaP145,2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: c agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 1 SIGNE DATE 1`I ?til S N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastaimanagement.net An Equal Opportunity � Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 9, 2014 Division of Coastal Management MEMORANDUM: IIIC FROM SUBJECT: Applicant: Heidi Cox Environmental Engineer Public Water Supply @@@fib@ oJAN � 91015 WIRp publcererReS WatefS roes Donald R. van der Vaart Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review JAM Properties, Inc. c/o Dan Smith Project Location: 8132 Bald Eagle Ln., adjacent to the AIWW & Middle Sound, in Wilm., New Hanover Co. Proposed Project: private docking facility expansion Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January-ff, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. \/I RECEIVED REPLY: ! This agency has no objection to the project as proposed. IAN 2 0 105 This agency has no comment on the proposed project. "Z_M Mrlk" -14 This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED C" �l�V/ lJU/� DATE �13 N.C. Division of Coastal Management 127 Cardinal Drive E4, Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net An Equal Oppodunity 1 Affirmative Acfion Employer A NCDENR North Carolina Department of Environment and Pat McCrory Governor January 9, 2014 Division of Coastal Management MEMORANDUM: TO: Christine Bouffard LPO New Hanover County RECEIVED JAN 1 5 201!, Natural Resource Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: JAM Properties, Inc. c% Dan Smith Project Location: 8132 Bald Eagle Ln., adjacent to the AIWW & Middle Sound, in Wilm., New Hanover Co. Proposed Project: private docking facility expansion j�Xi0� Please indicate below your agency's position or viewpoint on the proposed pro" ct and return this form to Jonathan Howell at the address above by 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: LZ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 JAN 2 U 7015 Phone: 910-796-72151 FAX: 910-395-3964Internet: www riccoastalmanaaement,net t5rt'��"+urs twer i � An Equal Opportunity iAffirmative Action Employer EWA NCDEE R North Carolina Department of Environment and Natural Resource Pat McCrory Governor January 9, 2014 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: JAM Properties, Inc. c/o Dan Smith Project Location: 8132 Bald Eagle Ln., adjacent to the AIWW & Middle Sound, in Wilm., New Hanover Co. Proposed Project: private docking facility expansion Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by Jarraary46, 2015. If you have any questions regarding the proposed project, contact Robb Mairs 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. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE I' 12� RECEIVED N.C. Division of Coastal Management JAN 18 10b 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-MHD CITY Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equal Oppoduniry \ Affirmafive Achon Employer Recommendations for State Permit— JAM Properties, Inc. c/o Dan Smith 1/9/2015 i ne total area of rioatrng aocKs ana piattorms was caicuiatea as Shoreline length =100' x 8 sq. ft. = 800 sq. ft. allowable Existing platform =16' x 16' = 256 sq. ft. Proposed finger pier = 42' x 4' =168 sq. ft. Existing floating dock = 20' x 8' =160 sq. ft. Proposed floating dock = 20' x 8' =160 sq. ft. Total = 744 sq. ft. The proposed new configuration would allow the facility to accommodate four (4) vessels at this location. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule, the eight square foot rule and would not encroach into the 15' adjacent riparian corridor setback requirement. The proposed structures would be located entirely over open water. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. Any permit issued should include the following conditions: This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures maybe conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. B. This permit authorizes a maximum of four (4) boat slips. At no time shall more than four (4) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 9. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals oRIUMV9¢etion which may be required. JAN 1 A 7ntF NOTE: Future development of the permittee's property may require a modification of this permit. Contact a repre Awigy%Division at 910-796-7215 prior to the commencement of any such activity for this determination. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the docking facility. Furthermore, due to the proximity of the AIWW, boats utilizing the docking facility will be subject to frequent wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any damage to the structure or moored boats. WuE R North Carolina Department of Environment and Natural Resource Pat McCrory Governor RECEIVED January 9, 2014 JAN 12 205 Division of Coastal Management r ocM-Fisheries MEMORANDUM: WAtao TO: •Shane;Staples Fisheries Resource Specialist DCM - WaRO' Donald R. van der Wart Secretary FROM: Jonathan Howell, NCDENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: JAM Properties, Inc. c% Dan Smith Project Location: 8132 Bald Eagle Ln., adjacent to the AIWW & Middle Sound, in Wilm., New Hanover Co. Proposed Project: private docking facility expansion _ Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address, above by-januery fS, 2015. If you have any questions regarding the•proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project Ias proposed. this agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached.. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 111V,1 - 4� --�— N.C. Division of Coastal Management 127 Cardinal Drive Fxt., .Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910395-3964 Intemet: ww nccoastalmenaeement,net An Equal Opportunity IAffimative Adon Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: JAM Properties, Inc. c/o Dan Smith 2. LOCATION OF PROJECT SITE: 8132 Bald Eagle Lane adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. Photo Index — 2006:22-7429: M,8 2000:22-278: M,8 1995: 22-26 1: L, 11 State Plane Coordinates - X: 2376477 Y: 196621 Latitude:34°17'01.41"N Longitude:77°45'.13.51"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # 0-082614B 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—11/18/2014 and 1/7/2015 Was Applicant Present — Yes (agent) 5. PROCESSING PROCEDURE: Application Received—12/22/2014 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW, ORW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic System Planned — N/A (F) Type of Structures: Existing — Timber bulkhead, access pier, covered platform and floating dock Planned — New floating dock and finger pier (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water 328 sq.ft. (Incorporated) (C) Other (D) Total Area Disturbed: 328 sq. ft. (0.007) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to reconfigure an existing private docking facility within Middle Sound. RECEIVED JAN t Q In" DCM-MHD CITY JAM Properties, Inc. c/o Dan Smith Page 2 9. PROJECT DESCRIPTION: The project site is located at 8132 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. To locate the property from Market Street (NC Highway17), turn right onto Porter's Neck Road and continue east through the traffic circle approximately 2 miles. At the stop sign, turn right onto Bald Eagle Lane and travel south approximately 0.2 miles and the property of interest will be located on the left. The property is approximately 0.54 acres and ranges approximately 6' to 15' above normal high water (NHW). The property is currently undeveloped, and was recently cleared of vegetation. The approximately 100' of shoreline is stabilized by an existing timber bulkhead. Waterward of the bulkhead on the southernmost end of the property is an area of Coastal Wetlands measuring approximately 10' in width consisting primarily of Smooth Cordgrass (Spartina aftemiflora). The property is bordered by residential properties to the north, south and west. Waterward of the existing bulkhead is an existing access pier, measuring approximately 95' in length by 6' in width, which extends towards the AIWW in an easterly direction. The pierterminates into a gazebo, measuring 16' in length by 16' in width. An access ramp leads from the access pier onto a floating dock, measuring approximately 20' in length by 8' in width, which runs in the same alignment as the access pier. The private docking facility was authorized through CAMA General Permit No. 65026-D on 11/20/2014. The application states that the existing docking facility currently accommodates up to two (2) vessels in water depths of approximately —2.0' at NLW (See Sheets 1 and 2 of 2 and Project Narrative). The City of Wilmington/New Hanover County 2006 Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the AIWW and Middle Sound are classified SA- ORW by the Division of Water Resources. The area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to reconfigure an existing private docking facility within Middle Sound. The application states that a finger pier, measuring approximately 42' in length by 4' in width would be constructed on the watenward side of the existing access pier and gazebo, which would run parallel to the shoreline creating a'T-shaped" configuration. The existing access ramp and floating dock would be relocated to the most northern end of the proposed finger pier and another access ramp would lead onto a proposed floating dock on the most southern end of the finger pier, measuring approximately 20' in length by 8' in width, creating a "U-shaped" docking configuration. The application states that the proposed reconfiguration of the existing facility would accommodate up to four (4) vessels in approximately -2.0' at NLW (See Sheets 1 and 2 of 2 and Project Narrative). 10. ANTICIPATED IMPACTS: The proposed new configuration would incorporate an additional approximately 328 sq. ft. of Estuarine Water and Public Trust Areas. The proposed new configuration would not encroach into the adjacent 15 foot Riparian Corridor Setback Area requirement. The proposed structures would extend approximately 132' into a waterbody measuring approximately 532' in width, which would conform with the 1/4 width distance rule and the established pier length. As proposed, the applicant's proposal would not encroach into the 80' federal setback requirement from the AIWW channel. The proposed structures would allow the facility to accommodate up to four (4) vessels in water depths of approximately —2.0' at normal low water (NLW). Minor increases in turbidity should be expected during construction. Submitted by: Robb L. Mairs Date: 1/9/2015 Office: Wilmington RECEIVED JAN 13 7015 D61040M9 e0y SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY U ■ Complete items 1, 2, and 3. Also complete ignature Z item 4 if Restricted Delivery is desired. ❑ Agent Q Z ,L9 y,., "'f ■ Print your name and address on the reverse - ❑ Addressee W O ^ d G O So that we Can return the Card to you. . Received (panted Na") to of Delivery F c `� be _� ■ Attach this card to the back of the mailpiece, Wa _� (r} er •� bp Y"• WO V or on the front if space permits. _ ,., U O D. Is deliver 1T ❑Yes U.: Z 1. Article Addressed to: If YES, ❑ No U v y, V c m 4 DCM W11MINGTON, NC �ehd2r DEC 2 2 2014 A 3 I Z"6 �o Ld euc� �e Ln .i/7 CC -S •,!^�' 1 '1 0 C, f-^ !l / � � � 3. Service Type � Q _C f'�l .0'�erfified Mail ❑ Express Mail y 0 0 T ry ❑Registered ❑ Return Receipt for Merchandise C.yy ••� «+ > y, I ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Exlre Fee) ❑ Yes " C. o ea C = 2. Article � 701-� 1640 0000 1121 9210 • ��Z»» O w ,d (Transfer from service label) aS O 3 M PS Form 3811. February 2004 Domestic Return Receipt 1025e5-02-WI540 > W 0. _ E1 V r SENDER: O O C O By o 0 DA ■ Complete items 1, 2, and 3. Also complete A. nat e 4 ,y a' item 4 if Restricted Delivery is desired. /�- ❑ Agent y y ran, ■ Print your name and address on the reverse ! Addressee so that we can return the card to you. o il. Received by (Panted Name) C� Dab of elive a ■ Attach this card to the back of the mailpi0 a, �" = Il or on the front if space permits. u, i Is am 1. v Y s Q�{��1Q���! ¢� 1 Article Addressed to: c 6 If ,en ei dAlNbty'�i)tleb sad W���l_ ❑ No /a1f DEC 2 2 2014 3. Servicefied Type ,(ertiMail Express Mail [3 Registered ❑ Retum Receipt for Merchandise a) O V il!/10� ❑Insured Mail .;'0 C.O.D. xi rq RI ,� '�"„ t+, W p (� (/ 7 4. Restricted Delivery. Pdra-Fee) ❑ Yes G� Z a V 2. Article Number 7012 1640 0000 1121 9289 (Transfer from service label) . PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-1540 llllllllllllll 2014027303 FOR REGISTRATION REGISTER OF NEW HANOMS COUNT7� EY NC OEEDS BK:5 44 PG: 451--2459 FEE: $ 6. 00 1NSTRUMENI q 2014011303E NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Parcel Identifier No. R0371fi-002-017-000 Verified by County on the _ day of 20_ By. Mail/BOx to: Dan Rizzo Attoroev at law 14131 N Carolina 50 Holly Ridge NC 28445 This instrument was prepared on ' Brief description for the Index: LOT 12A-R, SEC C PortersNeck THIS DEED trade this P) day of tx-'bine•/" 20J+, by and between GRANTOR Bald Eagle Land Development, LLC, a NC limited liability company 8310 Branford Way Raleigh, NC 27615 4 E P Guys, LLC, a North Carolina limited liability company 1838 Sir Tyler Dr, Suite 210 Wilminnton, NC 28405 RECEIVED JAN 19 1015 1)GM-MH9 GITY Enter in appropriate block for each Grantor and Gromee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used hereitshall include said patties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSEPH, that the Grantor, for a valuable consideration paid by the Grumee, the receiptof which is hereby acknowledged, has and by these. presents doe's grant; bargain, sell and convey auto the Grantee in fee simple, all that cenaia lot; parcel of land or condominium.unit situated in the City of Wilmington Township, New Hanover County, North Carolina and more particularly described as follows: All of Lot 12A-R as shown on that certain Recombination Plat prepared by Withers & Ravenel, E.P.S., entitled, "Lou 12 & 12A, Section C, Pone"s Neck Plantation; MB: 5, PG: 23, 8132 & 8136 Bald Eagle Lane," dated 11/10/09 and recorded in Map Book 54, Page 339, New Hanover County Registry. SUBJECT TO that "New Unrestricted Easement" as shown on said Plat Having New Hanover Co. Tax Parcel #: R03716-002-017-000 and being located at 8132 Bald Eagle Lane, Wilmington, NC 28411. The property hereinabove described was acquired by Grantor by instrument recorded in Book 5443 page 2567 All or a portion of the property herein conveyed _ includes or X does dot include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 54 page 339 Page 1 of NC Bar Association Paso No. 3 ®1976. Revised ®t977.200'! 2013 This standard Corm has been approved by. Printed by Agscement with the NC Bar Association —1981 - Noah Carolina Bar Association NC §arFj![aftD DGM WILMINGTON, NC JAN 0 9 2015 /17 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 9, 2015 Mr. Mark Clements c/o Clements Marine Construction, Inc. 112 Circle Drive Hampstead, North Carolina 28443 Dear Mr. Clements: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for JAM Properties, Jnc. c/o Mr. Dan Smith, for the proposed development located at 8132 Bald Eagle Land, adjacent to Middle Sound, in Wilmington, New Hanover County. It was received as complete on December 22, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is March 9, 2015. An additional 75- day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 22, 2014, 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. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. cc: Jonathan Howell, DCM Tyler Crumbley, USACE Christine Bouffard, NH Co. Dan Smith -Applicant +bb L. Mairs Field Representative Wilmington District Office N.C. Division of Coastal Management RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive 6d., Wilmington, NC 28405 Phone: 910-796-7215 1 FAX: 910-395-3964 Internet: www.nocoastalmanagement.net JAN 13 20b IQM-MNB efty An Equal Opportunity \ Affirmative Action Employer �> NOTI(04'017i AMA PERMIT APPLIEfn F R wl Hanover County. • - ,III all APPLICANT: Clements Marine Construction, 112 Circle Drive Hampstead, For: JAM Properties, Inc. FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NIC Div- of Coastal Management 127 Cardinal Dr. Fxtension Wilming4nn, NC 28405 Robb Mairs, Field Representative 910-796-7423 Narrative 12/11/2014 Jam properties — Dan Smith 8132 Bald Eagle Lane Wilmington NC 28411 Agent: Mark elements. Dear committee, We are proposing to build and install a second floating dock at our property on Bald Eagle lane. We currently have a floater that has two slips, but we are in need for more parking at our dock. We would also like to build a finger pier to give access to both floating docks so this would allow us to keep the floating docks headed into the waves created by heavy boat traffic in the ICW. Thank you for your consideration and help in this request. ✓..�11 RECEIVED JAN 1.Y 2(!95 DCM.MHD C71Y RECEIVED DCM WILMINGTON, NC �1)EC222014 ry *4*.,AV NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary January 9, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: JAMProperties /Dan Smith Major Public Notice Kyle & Heather: Please publish the attached Notice in the Monday, January 12, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, f Shaun K. Simps Permit & Customer Division of Coastal cc: WiRO Jonathan Howell - MHC DCM Tyler Crumbley - USACE Michele Walker- DCM RECEIVED JANlt7K N. C. Division of Coastal Management DCM M m CfIM 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal opportunity l Affimative Action Employer / 1 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, On December 22, 2014, JAM Properties, Inc. proposed to reconfigure an existing docking facility at 8132 Bald Eagle Ln., adjacent to the AIWW in Wilmington, New Hanover County. A copy of the application may be examined or copied at the office of Robb Mairs, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to February 2, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JAN ) A pry DCM-MHD Ct1Y L` MAJOR PERMIT FEE SCHEDULE J i , JAM / D. Smith / $250 / New Hanover County DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 1 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 1 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED JAN 13 2015 DCM-MHD CITY �7 4 DENR CAMA Daily Check Log for WIRO pare Received Cheek From (Name) Name of Permit Holder Vendor Check I Number Check amount Permif NumbedComments Rehmd/Res/located 12A0/2014.Sun Technciogies Sandeep Sharma BofA -'_ _ First Citlzens Bank First Community Bank '- B of A _ _ _ BUT _ _ First Community Bank _ BUT _ SunTrust _ .- PNC Bank _ � PNC Bank _ _ _ _ _ _ _ _ _ 5073 $436.00 Vioa14-11D GP 85068D GP I _ 1B —_ _. — _ _. 12I11Y1014IBoatzdght Inc iKevin — ..._' __ Thomas __ 8 Ehzaoeth Whitener North Carolina 7805 _— $200.00 12111/20141Hdden Dark 8 Bulkheads IDon 12/112014 SBME 70SS _ $00.00 _5955 47281__$400.00 7525 M64061 ajor major lee, Wilmington, NNCo I 12/122014 RrplMe BuildersLLC 48ame, _ owner Donald Bean _ $50.00 minor exemption fee, One 1211220141 Holden Dods & Bulkheads 12/122014 Charter and Cara, Walters Dodson Baxter, Mauney _ Gloria G amith - _ 5958 $600.00 GP 64087D, 64088D, 65044D t$200_ea _ 7988 1596 $200.00 $100.W — _- GP 640850 mirror fee, 1203 Ocean Blvd. TB, PNCo 12I152014 David Davis Steven Davis, Janice Baldwin (David 121152014 The Village of Bald Head Island 12H72014iSlawart Engineedng, Inc. _ DDavis _ _ sin - Sea Yew Properties _ 57248 12179 $100.00 $200.00 _ renewal fee, MP 22-10, BrCo fees for mad 8 renewal, MP_ 141_-07, NHCo 12/1712014 Cey Marine Construction, Inc (David onnaw Wilson and Martin Covert B of A _ _ _ _ B88T _ _ _ _ _ _ B of A _ _ _ 6895 32781 $20D.00 GP 52465D �I 12117/2014 _ Oak island Accommodations _ Jay Motzinger $100.00 minor fee, 703 Caswell Bch BrCo__ 12/192014 Li8lNhouse Marine Construction inc Maxwell Foods LLC 5794 $800.00 GP 650710 12119/2014 Town of North Topsail Beach same First Citizens Bank 39043 $100.00 minor mod for MP 92-14 121192014 F and S Manna Contractors Inc DeSherbinin PNC Bank __. _ _ _ _ _ dim$200.00 reissue, GP 64045D 12/192014 Western Union Money Order, Brandon Grimes Bnan Forehand _ Wells Fargo Bank _ _ _ _ _ 17-135019617 $200.00 reissue, GP 64041 D 12/192014 Wesrem Union Money Order, Brendon Gnmes Gail Wamsley Wells Fargo Bank _ 17-135019618 $200.00 reissue, GP 63926D 12119/2014 Atianfic Coast Industnal, LLC Isame BUT _ _ 7461 $200.00 GP 65072D is reissue of 63951 D 121192014 Northern Riverfront Marina and Hotel. LLLP same PNC Bank _ 3818 $100.00 renewal fee, MP 44-07 12122/2014 Coastal Marine Piers Bulkheads LLC S tea Wells Fargo 19946 $100.00 mod fee, MP 72-82 12=014 lCkerhantS Marine Construction Inc mith/NHCo, Y NCo, Thompson/PNCo First Citizens Bank 3873 $750.00 3 MP fees $250 each _ — I -- I zo 47