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HomeMy WebLinkAbout84-15 Kehaya, EryPermit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 84-15 Issued to Ery Kehaya 2307 Middle Sound Loop Rd Wilmington NC 28411 Authorizing development in New Hanover County at adi. to Middle Sound, 2307 Middle Sound Loop Road. Wilmington , as requested in the permittee's application dated 3124/15 . incl. attached workplan drawings (5) 1- 5 of 5, all dated received by DCM Wilmington 3/27/15. This permit, issued on August 24, 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 )e subject to Imes, imprisonment or civil action; or may cause me permit to oe nun anu vuiu. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (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 authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Brax ffC. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Ery Kehaya ADDITIONAL CONDITIONS Permit #84-15 Page 2 of 3 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) No excavation shall take place outside the area on the attached workplan drawings. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands or, surrounding waters. 6) In accordance with commitments made by the permittee, no excavation shall take place within 10 feet of any Coastal Wetlands. Spoil Disposal 7) No spoil material is to be placed within 30 feet of the normal high water line. 8) 'All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures 9) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 10) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Docking Facility 11) This permit authorizes only the 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. 12) 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. 13) No sewage, whether treated or untreated, shall be'discharged at any time from any boats using the reconstructed docking facility. Any sewage discharge at the reconstructed 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. Ery Kehaya Permit #84-15 Page 3 of 3 ADDITIONAL CONDITIONS 14) 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. 15) The proposed structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 16) 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. 17) 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. General 18) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Nationwide Permits 35 and 16, and General Permit 197800056 (Action ID No. SAW-2015-01038), which was issued on 6111115. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification numbers 3883, 3894, and 3888, (Project No. DWQ-15-0418), which was issued on 6/10/15. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. YCA1R1F1 1 LICATION for DevelopmentPe rmit �aiar past revisod 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT Project Name (if applicable) BusinE e MI Last Name Applirst Name Kehaya Ery MI Last Name Applicant 2: First Name If addition/applicants, please attach an additional pages) with names listed. PO Box City Mailing Address Wilmington 2307 Mddle Sound Loop Rd ZIP Country Phone No. 910-414-6799 exL 2840g USA State Street Address (if different from above) City Email Busino%Name CarolnaMarine Construction Inc. MI Last Name AgenlContractor 1: First Name B Conard Michol MI Last Name Agerpontractor2: First Name PO Box MaiIA Address 640,3Carolina Beach Rd. #8 Phone No. 1 ZIP 910-793-4143 ext. 2734 Contractor# FA1V0. 58629 Strt Address (if different from above) City Wilmington 483 red Heart Dr Era arineconstruction@chartecnet State NC No. ZIP City state Wilmington NC Phone No. 2 910 - 470 - 6610 ext. RE Ca APR 2 7 State r28412 OCM-MH' NC - ca DCM WILMINGTON, NC <Form continues on back> MAR 2 7 20 15 252-808-2808 1-888.4RC®AST ;; wwmu.rrccoastalmana9ament.nat Fofm DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3 ?io�ect Locatron _ County (can be multiple) Street Address State Rd. # New Hanover 2307 Middle Sound Loop Rd Subdivision Name City te Zip Wilmington rNC 28409- Phone No. Lot No.(s) (if many, attach additional page with list) ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear AIWW 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 Atlantic Ocean 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. 4 Site;Descripfron � � ' _ a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 274' 3.68 acres 1160,531 sq ft c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal waterlevel)- (If many lot sizes, please attach additional page with a list) +10 ®NHW or ❑NWL e. Vegetation on tract Pines & oaks, plants, sod f. Man-made features and uses now on tract House, pier & dock. Residential use. RECEIVED g. Identify and describe the existing land uses adlacent to the proposed project site. ArN2 7 2015 Residentially-M 16x fy h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential cc; (Attach zoning compliance certificate, if applicable) ®Yes []No j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes j INo ❑NA National Register listed or eligible properly? <Form continues on next page> RECEIVED DCM WILMINGTON, NC MAR 2 7 20115 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the side? ®Yes ❑No (Ili) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. City/ CFPUA o. Describe existing drinking water supply source. City/ CFPUA p. Describe existing stone water management or treatment systems. Rain gutters, sod for ground cover, planters 5 Activities an'tl Impacts, ; 3 s � a Y y << _ .• 5 private use? a Will the project be for commercial public, or pr ❑Commercial ❑PublidGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Recreational boating, fishing, canoeing & kayaking 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. Material to be removed in the bucket to barge method. Spoil to be loaded on barges with bin walls (to contain the material) then transported to designated spoil site. Spoil will then be unloaded with skid steer loaders onto high ground. d. List all development activities you propose. Removal of 2639 cy of material from access channel and basin e. Are the proposed activities maintenance of an existing project, new work, or both? maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 10,000 (spoil site) ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and. type. of existing and proposed. discharges to waters of the state. RECEIVED Surface run-off APR 2 7 2015 i. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑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. <Form continues on back> DCM WILMINGTON, NC MAR 2 7 2015 252.808-2808 :: 'I.888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 8. - Add�6onal lnforma6on , � - Inaddition to this cof!rPleted�applicatron'form, (hIP 1) the following items below ifapplicable must tie-submitte8 in'order for the eppbcahon," pabkage to be complete. Items (a).— (t)'are always applicable -to any major development appkcation, =P/ease consult the app6cahon rnstmction bookle(dn'how to'propeNy prepare the rogmred items below.. Y. . : < '" a. A project narrative. b. An accurate, dated work plat (including plan view and cross-seclional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. C. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the 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. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application 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 Dan Smdh r ' - Phone No 910=200 3454 Address 222i3 Middle Sound Loop Rd Wilmington NC,28450 v ' Name Dan Smith Phone No. Address 2309 Middle Sound Loop Rd Wilmington, NC 28450 .,Name . :Phone No. ddress .ry g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. US Army Corps / J.B. Edwards / June 23, 1952 Elsie Kelly / March 8, 2000 #37-00 Ery (Whit) Kehaya / August 22,2006 / #06-045 May 29, 2007 / #07-037 July 23, 2008 / #51383 Jly 9, 2009 / #54068D May 25, 2010 / #54546 March 1, 2012 /#2012-06 h. Signed consultant or agent authorization forth, 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. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _3/24/2015 Print Name Michael Conard Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information [-]DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED APR 2 7 Z015 vc,!W. mrvn tsprr, RECEIVED DCM WILMINGTON, NC MAR 2 7 20415 252-808-2808 :: i-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization). Length 300' 175' 175' Width 50, 25'-40" 50, Avg. Existing 2' MLW 3' MLW 3' MLW NA NA Depth �. Final Project 5' MLW 5" MLW 5' MLW NA ' NA Depth a. Amount of material to be excavated from below NHW or NWL in cubic yards. 2,639 cy c. (i) Does the area to be excavated include coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 0 ❑SAV ❑SB OWL 0 ❑None (ii) Describe the purpose of the excavation in these areas: To maintain adequate depth for use and to extend the length of time between dredging a. Location of disposal area. Smith property c. (i) Do you claim title to disposal area? )]Yes ONo ❑NA (ii) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any 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. OcW 0 ❑SAV ❑SB OWL 0 []None (ii) Describe the purpose of disposal in these areas: Raise and protect high ground area be excavated. sand d. High -ground excavation in cubic yards. -0- b. Dimensions of disposal area. 200' x 50' d. (i) Will a disposal area be available for future maintenance? ®Yes []No ❑NA (ii) If yes, where? RECEIVED f. (i) Does the disposal include any area in the water? APR 2 7 2oIj ❑Yes []No ®NA (ii) If yes, how much water area is affected? (xM'V): RECEIVED DCM WILMINGTON, NC MAR 2 7 2015 252-808-2808 :: 1-888.4RC®AST :: www.ncceastaimanagement.net revised: 12/26106 Form. DCM MP-2 (Excavation and Pill, Page 2 of 3) ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No [_]NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap_ Breakwater/Sill_ Other_ I. Source of fill material. 4:.OTHER FIC! ACTIVITIES_.. ®Tmssechon•no`tappticadle," {Excluding'Shori line Stabilization) "" ` a. (I) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (Ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? silt fencing along with ground cover when complete c. (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. JUW neiyeu, ayuaucvcyc Ik .r,� - •��-o•-• other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB ❑WL _ ❑None (11) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? bucket to barge method -utilizing an excavator with bio-degradable oil d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes []No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. A temporary ramp with mats will be constructed as done before APR MAR 2 q 2015 262.808-2808 .: 1-888.4RCOAST :: wwvu necoastalmananement.net revised: 12/26/06 ®rM ®CPftl MP-2 (Excavation gnd Fi09 3 03 Applicant Signatun: r ,-�: S A i RECEIVED APR 2 7 2015 p9m7mrlef P;rr DECEIVED DCM WILMINGTON, NO MAR 2 7 2015 252-808.2808 :: 1.888-4RCOA^s4:: www.nccoastafmanauement.net revised: 12/26/06 '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. I; DOCKING FACILITY/MARINA CHARACTERISTICS pThls seci a. (i) Is the docking facifity/marina: _ b. (i) Will the facility be open to the general public? ❑Commercial ❑PubliclGovemment ®Private/Community ❑Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (ii) Number NA If yes: (iii) Length NA (ii) Number (iv) Width NA _ (iii) Length (v) Floating ❑Yes ❑No (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ®Yes ❑No I. (i) Are Boatlifts included? []Yes ®No If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 10' (iii) Length — (iv) Width 12' (iv) Width (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 1 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 3 ❑ 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 NA []Open water, no dredging required RECEIVED ❑Other; lease describe: P APR 2 71035 — �GM'Mtlky rz?dri k. Typical boat length: 30' I. (1) Will the facility be open to the general public? ❑Yes ®No m. (i) Will the facility have tie pilings? RECEIVED ❑Yes ®No DCM WILMINGTON, NC (ii) If yes number of tie pilings? MAR 2?2015 252-803-2803 :: 1.888-41RCOAST :: www.necoastairnanagement.net revised: 12/27/06 Ptiim DCM MP-4 (Structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: N/A ❑ Showers ❑ Boatholding tank pumpout; Give type and location: NIA b. Describe treatment type and disposal location for all sanitary wastewater. N/A C. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A e. (i) Give the location and number of"No Sewage Discharge" signs proposed. N/A (ii) Give the location and number of °PumpoutAvailable" signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and 'No Wake signs proposed. N/A 1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. NIA j. What will be the marina policy on overnight and live -aboard dockage? N/A k. Describe design measures that promote boat basin flushing? NIA RECEIVED APR 2 7 201; I. If this project is an expansion of an existing marina, what types of services are currently provided? PQ Msgryt) er*v N/A RECEIVED m. Is the marina/dockingfacility proposed within aprimary orsecondary nursery area? CCM WILMINGTON, NC ❑Yes ®No MAR 2 7 2015 252-808-2808 :: 1-888ARCOAST :: avww ncccastatmananement.net revised: 12/27/06 Form. 6�ii P-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 marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. BOATHOUSE (including'coveled,lrtts) EThis section not applicable' a. (i) Is the boathouse structure(s): ❑Commercial ❑PublidGovernment ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripfine dimensions. a. (i) Number (ii) Length (iii) Width a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6 MOORING P1LlNGS antl`BUOYS ®=This section" not applicable', a. Is the structure(s): ❑Commercial ❑PublidGovernment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) e. Arc of the swing N "fi".e nH H},r, MAR 2 ? 2015 252-808-2808 :: 1-888.4RCOAST :: vrvvw.nccoastalmana-gement.net revised: 12/2T/06 Form 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. 750' >30' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body N/A e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No DNA (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' NLW I. OTHER : ❑This secBon not appfical a. Give complete description: Construct a 10' x 12' sundeck on the end of the 12' x 14' rwvered gazebo. Deck will be used for sunbathing and fishing. Davits are propsed to raise and lower a small sunfish sailboat. When deck not in use the sunfish will be kept on it. The (M2) davits to be on the corners of the 10' x 12' sundeck. RECEIVED APR 2 i 2015 RECEIVED DCM WILMINGTON, NC MAR 2 7 2015 252-808.2808 -: 1-888.4RCOAST :: www.nccoastatmanattement.net revised: 12/27/06 II a,m it f �X�SY,rvC GXis'—tN O 1. -Do I 51'eP�aW� G p ptn I I RECEIVED i�cvpvsc� ►� u re' Su�vPcc�� 'APR 5`Fjj RECEIVED DCM WILM&P4131'ON, NC 'o'- MAR 2 ? 2015 I ftyA 3c,(+ 4 i r j IJ QL CCC on IJA lool Ll o I -ski , v rerADV4:j JW 0 m - -P !Eytrivia C, PC AJ rA ABC, > ?- i I-1w oiNw — 0) 0& �aso�lo��1 / orza t �r�naru'y 100 �&s.W 5 b `x 1ZS f x Z , 175 ' X Z' � Jy = �� q e. A-ccess dvwtt 5-0' Y .360 X 3 ' ff,;j = 1 G ? ey RECEIVED APR 2 7 2015 �Gtfrr-Mrry�a O!Ty A ,t) pc6j 1 =7CEIV D �o t��. - S �bl�ta: �� �erNrih�,�ihc, evr%' n„ WILNIINGT NC J FEB 0 ZIYI� �} 1 RECEI �D irbPo�(J /' 4ccc,, DCM WILMINGT©N, NC MAR 2 7 2015 4 Permit Class NEW Permit Number 84-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Ery Kehaya 2307 Middle Sound Loop Rd Wilmington NC 28411 Authorizing development in New Hanover County at adi to Middle Sound, 2307 Middle Sound Loop Road, Wilmington , as requested in the permittee's application dated 3/24/1 , incl. attached workplan drawings (5) 1- 5 of 5 all dated received by DCM Wilmington 3/27/15. This permit, issued on August 24, 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 ana vota. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April I and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (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 authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. lI � Brax C. Davis, Director Division of Coastal Management This permit and its conditions are hereby acce RECEIVED SEP 0 810b 4ir 4e"40�9a" Signature of Petmittee Ery Kehaya ADDITIONAL CONDITIONS Permit #84-15 Page 2 of 3 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) No excavation shall take place outside the area on the attached workplan drawings. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands or. surrounding waters. 6) In accordance with commitments made by the permittee, no excavation shall take place within 10 feet of any Coastal Wetlands. Spoil Disposal 7) No spoil material is to be placed within 30 feet of the normal high water line. 8) All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures 9) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 10) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Docking Facility 11) This permit authorizes only the 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. 12) 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. 13) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconstructed docking facility. Any sewage discharge at the reconstructed 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. � o W h Ery Kehaya ADDITIONAL CONDITIONS Permit #84-15 Page 3 of 3 14) 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. 15) The proposed structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 16) 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. 17) 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. General 18) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Nationwide Permits 35 and 16, and General Permit 197800056 (Action ID No. SAW-2015-01038), which was issued on 6/11/15. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification numbers 3883, 3894, and 3888, (Project No. DWQ-15-0418), which was issued on 6/10/15. 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 an such activity for this determination. The permittee is further advised that many non-wACE D dependent activities are not authorized within 30 feet of the normal high water level. SEP 0 810t NOTE: An application processing fee of $400 was received by DCM for this project. I+b DCM Coordinator: ✓ Permit it: 01ja MAILING DISTRIBUTION SHEET D.,mit.J n? fc 6u A vI Agents: (,G4cc) (-na VY1cw;liC twn 5 I/vc41,k- / 6�O bra o-, GeOICA QC/ DCM Field Offices WTI n /12 Elizabeth City (with revised work ple(n drawings)2V�iHZ S!' Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly .✓ Liz Hair Cultural Resources: Renee Gledhill -Early, Public Water Supply: Diane Williams (WIRO) ✓ Joey White (WARD) Marine Fisheries: Shane Staples Gregg Bodnar NC DOT: Ken Pace U Shellfish Sanitation: Patti Fowler J Shannon Jenkins/Jeremy Humphrey State Property: Tim Walton v Water Resources: Karen Higgins (Raleigh) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis-401 Chad Coburn - 401 DEMUR Washington: Scott Vinson-Stormwater / Wilmington: Georgette Scott-Stormwatery Wildlife Resources: Maria Dunn I111Y91 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 31, 2015 Ery Kehaya 2307 Middle Sound Loop Rd. Wilmington, N.C. 28411 Dear Sir or Madam: 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 15013 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. Enclosure Sincerely; o�yuas d � . Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Ery (Whit) Kehaya c/o Michael Conard 2. LOCATION OF PROJECT SITE: 2307 Middle Sound Loop Road adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. Photo Index — 2006: 22-7427, 14, K-L 2000: 22-276, K-12 1995: 22-258, T-12 State Plane Coordinates - X:2368174 Y185789 Latitude:34°15'15.33952"N Longitude:77°46'54.01576"W 3. INVESTIGATION TYPE: CAMA/ D & F ROVER FILE # — 0-071113A 61 Q INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/10/12015 Applicant Present — No PROCESSING PROCEDURE: Application Received — 3/27/2015 Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington/New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, EW, ORW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - CFPUA Planned - N/A (F) Type of Structures: Existing — Single family home, timber bulkhead, private docking facility and channel markers Planned — Maintenance excavation of access channel and basin and construction of additional decking and mooring (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Low Marsh) (B) Non -Vegetated Wetlands (Open water —30,750 sq. ft. (incorporated) —120 s . ft. (C) Other(Highground) —10,000 sq. ft. (D) Total Area Disturbed:--40,870 sq. ft. (-0.94 acres) (E) Primary Nursery Area: No (F) Water Classification: SA ORW Open: Yes PROJECT SUMMARY: The applicant proposes to perform maintenance excavation within an existing boat basin and access channel, and a deck expansion to an existing docking facility adjacent to the AIWW. RECEIVED APR 2 7 2015 6�-M-mnw CRY Kehaya Page 2 9. PROJECT DESCRIPTION: The project site is located at 2307Middle Sound Loop Road, adjacentto the AIWW and Middle Sound, in New Hanover County. To locate the property from Market Street (NC Highway17), turn onto Middle Sound Loop Road and turn right at the traffic circle adjacent to Ogden Elementary School. Travel east approximately 2.5 miles and the property of interest will be located on the right. The lot is approximately 3.68 acres with approximately 274' of shoreline frontage, currently stabilized by a timber bulkhead. The property averages approximately 10' above normal high water (NHW). The applicant maintains a single-family residence and the highground vegetation consists primarily of live oak, and maintained lawn grasses. Waterward of the applicant's shoreline and bulkhead there is an existing private docking facility within an existing boat basin and access channel to the AIWW. The existing docking facility was authorized to the previous owner (Kelly) through CAMA General Permit No. 018123-D and the basin and access channel were originally authorized on June 23,1952 to previous owners (Edwards and Merrill) through Federal Permit No. 25-52 from the Wilmington District U.S. Army Corps of Engineers, which authorized the excavation of the original basin/channel. The authorized project dimensions, at that time, were a 650' in length by 50' in width, with a bottom depth of -4.5' at mean low water (MLW). The previous owners and the current owner have maintained the basin and access channel through State Permit No. 37-00, which expired on December 31, 2003. The dimensions of the authorized maintenance excavation of the basin, under State Permit No. 37-00 was 80' in length by 40' in width, to a depth of 4' @ MLW. The access channel authorized dimensions were 260' in length by 20' in width, to a depth of 4' @MLW. The basin and access channel has been maintained by the applicant through numerous CAMA General Permits. The application states that the existing water depth within the basin and access channel ranges from approximately-2' to -Tat NLW. It should be noted that the current adjacent riparian property owner (Jam Properties, Inc. c/o Dan Smith) currently maintains State Permit No. 65-07, which authorized the construction of a private docking facility and maintenance excavation within the same boat basin. To date, the construction of the authorized docking facility and the maintenance excavation has not been initiated (See Sheets 4 and 5 of 5 and Project Narrative). There is a border of Coastal Wetlands, varying between 35' in width in the area of the existing basin, to 500' in width adjacent to both sides of the existing basin and access channel to the AIWW. This area is both marsh and inter -tidal mud flats. The marsh consists primarily of Smooth Cordgrass (Spartina aftemiflora), which transitions towards the highground to Spike Grass (Distichlis spicata), Sea Lavender (Limonium, spp.), Saltwort (Salicomia, spp.), Sea Oxeye (Bonkhia frutescens), and Salt Meadow Grass (Spartinapatens). The vegetation then transitions to occasional shrubs, Marsh Elder (Iva frutescens), Grounsei Bush (Baccharus halimifolia) and Wax Myrtle (Myrica cerifera) along the marsh's interface with the area just watemvard of the timber bulkhead. The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. There are four (4) known archaeological sites within approximately0.5 mile of the project site (Nh 280, Nh281, Nh282, Nh283, and Nh284). The waters of the AIWW are classified SA-ORW by the Division of Water Resources and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. RECEIVED PROPOSED PROJECT: APR 2 7 16 DCM , r The applicant proposes to perform maintenance excavation within an existing boat basin and access channeP r9n� andeck expansion to an existing docking facility adjacent to the AIWW. The dimensions of the basin maintenance excavation would be approximately 175' in length by 50' in width, to a final project depth of -5' at normal low water (NLW). The proposed excavation within the access channel to the AIWW would be approximately 475' in length and would range from approximately 25' to 50' in width to a final project depth of -5' at NLW. This range would be necessary to maintain a 10' offset from the adjacent Coastal Wetlands, aforementioned. Excavation of the basin and access channel would be accomplished by barge mounted mechanical excavator and would result in the removal of approximately 2,639 cubic yards (cy) of shallow bottom material. Kehaya Page 3 The excavated material would be then be placed onto the highground area located on the adjacent riparian property to the north, adjacent to the basin and would be contained behind siltfencing greaterthan 30' from NHW. Upon drying, the spoil material would be utilized on -site for future development needs (see Smith approval letter). The applicant also proposes to construct sun deck, approximately 12' in length by 10' in width to be located waterward of the existing covered platform of the docking facility. Two (2) davits would be located on the waterward end of the sun deck to accommodate an additional vessel for a total of four (4) within the existing basin (See sheets 1 through 5 of 5 and Project Narrative). 10. ANTICIPATED IMPACTS: The proposed dredging would result in the excavation of approximately 30,750 sq. ft. of shallow bottom, previously disturbed based on permit history. The excavation of the basin by mechanical means will create steep side slopes and subsequent sloughing, there by increasing the top width dimensions of the proposed project. Approximately 2,639 cy of material of spoils material would be generated from the project and placed greater than 30' from NHW on the highground portion of the adjacent riparian property to the north and then utilized for future development. The proposed uncovered deck would incorporate an additional 210 sq. ft. of Estuarine Waters and Public Trusts Areas, which would conform with the 1/4 width rule and the established pier lengths. The proposed structures would not encroach into the adjacent riparian corridor 15' setback nor the 80' setback from the AIWW. As proposed the structure would provide an additional slip for a total of four (4) vessels at this existing docking facility within waters approximately -5' in depth at NLW once the maintenance excavation is accomplished. Short term increases in turbidity can be expected during dredging activity. RECEIVED APR 2 7 20?4 Submitted by: Robb L. Mairs Date: 4/21/2015 Office: Wilmington Carolina Marine Construction, Inc. 6400-8 Carolina Beach Rd #212 Wilmington, NC 28412 March 27, 2015 To: CAMA Attn: Robb Mairs Kehaya Project Narrative We are preparing to reduce the frequency of dredging by expanding the existing channel and basin to the 50' width originally permitted by the Army Corps of Engineers (see permit attached). We have found in the previous years that in order to try to maintain a 3' — 4' depth in the center of the channel, maintenance dredging was needed yearly. The shoaling along with the narrow width of the access channel makes it difficult to get in or out of the existing docking facility when it is windy or the current is running. Expanding the width of the channel and increasing the depth from 4'.5" to 5'-6'will allow for greater flushing action which will thereby reduce the frequency / need for maintenance dredging while providing a safe and simple channel to navigate. We are proposing to remove approximately 2,639 cubic yards. As per the drawings, a 10' buffer from the adjacent marsh is to be observed. The spoil will be placed on the adjoining property (2223 Middle Sound Loop Rd.) where it will be allowed to properly dewater before being used as backfill. The only other item that we are proposing is the construction of a 10'x 12' sundeck on the end of the existing pier with (2) davits to store and launch a sunfish sailboat. The sundeck will also provide an area to sit out in the sun or fish from. RECEIVED DCM WILMINGTON, NC MAR 2 7 205 DCM MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Ery MI Last Name Kehaya Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 2307 Middle Sound Loop Rd PO Box City Wilmington State NC ZIP 28409 Country USA Phone No. 910-414-6799 ext. FAX No. Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Carolina Marine Construction Inc. Agent/ Contractor 1: First Name MI Last Name Michael B Conard Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 6400-8 Carolina Beach Rd. #8 Wilmington NC ZIP Phone No.1 Phone No. 2 28428 910 — 793 - 4143 ext. 910 - 470 - 6610 ext. RE CE FAX No. Contractor # 58629 APR 2 7 20 Street Address (d different from above) City State ZIP DCne-MMO C 4925 red Heart Dr Wilmington NC 28412 - Email carolinamarineconstruction@charter.net <Form continues on back> �v"' v LL DCM WILMINGTON, NC MAR 2 7 205 252-808-2808 .. 1-888-4r<cvAST .. www.❑ccoa,,.-.nanagement.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 2307 Middle Sound Loop Rd Subdivision Name city State Zip Wilmington NC 28409 - Phone No. Lot No. (a) (# many, attach additional page with list) - - ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear AIWW 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 Atlantic Ocean 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. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 274' 3.68 acres / 160,531 sq ft c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) +10 ®NHW or ❑NWL e. Vegetation on tract Pines & oaks, plants, sod f. Man-made features and uses now on tract House, pier & dock. Residential use. RECEIVED g. Identify and describe the existing land uses adjacent to the proposed project site. Residential tru'rw-wrna,wry h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ®No []NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC MAR 2 7 205 252.808-2808 .. 1-888-4RCOAST .. www.ncc oasta l management. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (I) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. City/ CFPUA o. Describe existing drinking water supply source. City/ CFPUA p. Describe existing stone water management or treatment systems. Rain gutters, sod for ground cover, planters 5. Activides and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public(Govemment ®PrivatelCommunity, b. Give a brief description of purpose, use, and daily operations of the project when complete. Recreational boating, fishing, canoeing & kayaking 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. Material to be removed in the bucket to barge method. Spoil to be loaded on barges with bin walls (to contain the material) then transported to designated spoil site. Spoil will then be unloaded with skid steer loaders onto high ground. d. List all development activities you propose. Removal of 2639 cy of material from access channel and basin e. Are the proposed activities maintenance of an existing project, new work, or both? maintenance I. What is the approximate total disturbed land area resulting from the proposed project? 10,000 (spoil site) ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. RECEIVED Surface run-off APR 2 7 2015 i. Will wastewater or stonnwater be discharged into a wetland? [-]Yes ®No ❑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. <Form continues on back> ga MAR 2 7 2015 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit & Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly 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, Geary 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. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application 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 Dan Smith Phone No. 910-200-3454 Address 2223 Middle Sound Loop Rd Wilmington, NC 28450 Name Dan Smith Phone No. Address 2309 Middle Sound Loop Rd Wilmington, NC 2a450 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permlhee, and issuing dates. US Army Corps I J.B. Edwards I June 23, 1952 Elsie Kelly 1 March 8, 2000 #37-00 Ery (Whit) Kehaya I August 22,20061 #06-045 May 29, 20071 #07-037 July 23, 20081 #51383 Jly 9, 20091 #54068D May 25, 20101 #54546 March 1, 20121 #2012-06 h. Signed consultant or agent authorization form, if applicable. i. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 3/24/2015 Print Name Michael Canard RECEIVED Signature r�` ` APR 2 7 2015 WCM-Mn' 0" 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 MAR 2 7 2015 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 300' 175' 175' Width 50, 2640" 50, Avg. Existing Depth -2' MLW -3' MLW 4MLW NA NA Final Project Depth -5' MLW -F MLW -5' MLW NA NA 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. cubic yards 2,639 cy c. (i) Does the area to be excavated include 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. OCW 0 ❑SAV ❑SB OWL 0 [--]None (ii) Describe the purpose of the excavation in these areas: To maintain adequate depth for use and to extend the length of time between dredging 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Smith property c. (i) Do you claim title to disposal area? ❑Yes ®No ❑NA (i) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any 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. OCW 0 ❑SAV ❑SB OWL 0 ❑None (ii) Describe the purpose of disposal in these areas: Raise and protect high ground area to be excavated. sand d. High -ground excavation in cubic yards. -0- El This section not applicable b. Dimensions of disposal area. 200' x 50' d. (i) Will a disposal area be available for future maintenance? ®Yes []NO ❑NA (ii) If yes, where? RECEIVED I. (i) Does the disposal include any area in the water? APR 2 7 2015 ❑Yes []NO ®NA (ii) If yes, how much water area is affected? M� wO~ }'J4'ti RECEIVED DCM WILMINGTON, NC MAR 272015 I 252-808-2808 :: 1-8884RCOAST :: www.necoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABIUZA77ON 0This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length. ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill_ Riprap Breakwater/Sill _ Other_ i. Source of fill material. Width d. Maximum distance waterward of NHW or NWL. f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (li) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES 0This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? []Yes ❑No ❑NA b. (i) Will fill material be olaced in coastal wetlandsimarsh (CM. If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? sift fencing along with ground cover when complete c. (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. 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 (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? bucket to barge method -utilizing an excavator with bio-degradable oil d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. A temporary ramp with mats will be constructed as done before APR 2 7 7P March 24, 2015 paalw�ia Date Kehaya Project Name Michael Conant REGEIV Applicant Name DCM WILMINGTON, NC MAR 2 7 2015 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.ne! revised: 12/26106 Form DCM MP-2 (Excavation Fill a 3 of Applicant Signature RECEIVED APR 2 7 1015 WGIm- wnq ipm. RECEIVED DCM WILMINGTON, NC MAR 2 7 205 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanauement.net revised: 12/26/06 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 ❑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 NA If yes: (iii) Length NA (ii) Number — (iv) Width NA (iii) Length (v) Floating ❑Yes []No (iv) Width — (v) Floating ❑Yes ❑No e. (1) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ❑Yes ®No If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 10' (iii) Length — (iv) Width 12' (iv) Width — (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 1 ❑ Full service, including travel lit and/or rail, repair or (ii) Number of slips existing maintenance service 3 ❑ 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 NA []Open water; no dredging required RECEIVED ❑Other; please describe: APR 2 7 108 PCM-Inr1W P" k. Typical boat length: 30' I. (i) Will the facility be open to the general public? ❑Yes ®No m. (i) Will the facility have tie pilings? R ❑Yes ®No RECEIVED (ii) If yes number of tie pilings? DCM WILMINGTON, NC MAR 2 7 2015 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA 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: N/A ❑ Showers ❑ Boatholding tank pumpout Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. N/A C. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A 0. (1) Give the location and number of "No Sewage Discharge" signs proposed. N/A (ii) Give the location and number of'Pumpout Available" signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. N/A i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live -aboard dockage? N/A k. Describe design measures that promote boat basin flushing? N/A RECEIVED APR 2 7 2615 I. If this project is an expansion of an existing marina, what types of services are currently provided? WM-ti+hrl'f Gny N/A HECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? DCM WILMINGTON, NC ❑Yes ®No MAR 2 7 2015 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form 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 marinaldocking facility proposed within or adjacent to coastal wetlandstmarsh (CM, 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 OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number _ (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpi/e, etc.) ®This section not applicable a. Length b. Average distance from NNW, 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): b. Number _ ❑Commercial ❑PubliclGovernment ❑Private/Community c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. RECEIVED e. Arc of the swing For-wkwAnN 644 7. GENERAL RECEIVED DCM WILMINGTON, NC MAR 2 7 2015 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 750' Nofe: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body N/A 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. b. Proximity of structure(s) to adjacent docking facilities. >30' d. Water depth at waterward end of structure at NLW or NWL -3' NLW 8. OTHER ❑This section not applicable a. Give complete description: Construct a 10' x 12' sundeck on the end of the 12' x 14' covered gazebo. Deck will be used for sunbathing and fishing. Davits are propsed to raise and lower a small sunfish sailboat. When deck not in use the sunfish will be kept on it. The (M2) davits to be on the comers of the 10' x 12' sundeck. March 24, 2015 Date Kehaya Project Name Michael Conard Applicant's Applicant Signature 252-808-2808 :: 1-888-4RCOAST :: wvvvvmccoastalmanaaement.net RECEIVED APR 2 7 1015 RECEIVED DCM WILMINGTON, NC MAR 2 7 2015 revised: 12/27/06 — �t �ape��`f ke��ya i2es�cieneE J I I Lax tx�'shNS 5! X 36 4 Ems+�N,S� 5tc� rlowd �Ey,!l11 �< L1Cf- �xrst.i„y t Z'x r�l !sRze+co - � I Ibex/Z� SUNptGK RECEIVED APR 27 705 IyO11N,'Wlnq;w'} L% S—ni RECEIVED DCM WILMMTON, NC n MAR 2 7 2015 -�gvfi- i!'oJCL� Ys mrSL zD r i U r-1w U g w o MN ' S�b'� c i E z r• p�sod2„ P2naw2, �,z Q U cq s15 i ysivW i 1 1 1 1 1 1 1 �!'7 ! \ •� M � "` may\ ""� -- j�/f✓;N!v�3� 1 ��a r v�'a �'>t TM M 10 M M I ��tr7(UJN� a n �m 0 om z z S woo - 1 "--ao / aY : PArs4 si DE Ui eL'I ?icr w a- zeloo anvTTs ( Pr /VuTatp T16:M,4)��i 1 v'X i z' — mew i"t-W 11 SJ�PcCK +.,t f7ft C" kl rnL-Uj a�! k.jOogle earth feed 500 meters 100 �&bc14) 0'% 1-1j5-1'4 2 ,A'JI C�M,J ZJ' k l �S X z f �tJ� A-Qe,% Cl vfn 5-U r 300 / x 3 r h,)5 RECEIVED APR 2 7 2015 9Gm-m!9p �J -t-lWJj �i tp( I G ECEIVED Tropc S ►ti1 L t u i ��rMih r' iY,� WILMINGTON, NC FEB 0 I [- RECEIVED 4ccz", DCM WILMINGTON, NG MAR 2 7 2015 l'„ I_ ,5,-F <7 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Ery (Whit)%haya COUNTY: New Hanover PROJECT NAME: %haya Dredge & Docking Facility Expansion LOCATION OF PROJECT: 2307 Middle Sound Loop Rd, adjacent to Middle Sound /AIWW in Wilmington, New Hanover Co. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-21-15 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: 4-25-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE:—pIT` I'� MAIL OUT DATE: 4-22-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: END OF NOTICE DATE: 5-16-15 DEED R,,Eff D: ON: �{ 150 DAY DEADLINE: STATE DUE DATE: 5-16-15 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR)-1-IS Division of Water Resources (401) Storm Water Management (DEMLR) S-1 91-15 State Property Office S- I $ I S� ✓ Division of Archives & History Division of Environmental Health N- 3 o tS ✓ Division of Highways $- 1'/i ✓ Wildlife Resources Commission S- I $" I S RFeLi n y S Local Permit Office 5; 8- IS ✓ Division of Marine Fisheries / DCM Corps of Engineers Two S-1-15 ✓ Recommendations for State Permit •Kehava 4/2112015 Square footage of docks was calculated as follows: Shoreline Length = 274'x 8'= 2,192 sq. ft. (2,000 sq. ft. maximum allowed) Existing gazebo =12' x 14' =168 sq. ft. Existing floating docks = 8' x 36' and 8' x 12' = 384 sq. ft. Proposed uncovered platform =10' x 12' =120 sq. ft. Total= 672 sq. ft. It is the staffs recommendation that the proposal appears that the project is CONSISTENT with NCAC 07H .0208(b)(6), including the eight square foot rule and the pier width rule. The proposed platform would be located entirely over open water. The construction would provide additional docking space for the total up to four (4) vessels at this location. It appears that the project is CONSISTENT with the use standards setforth in 15A NCAC 7H .0208(b)(6) (G)(iii), which requires that piers not exceed one-fourth of the width of the water body (the 01/4 rule"). It is the staffs recommendation that the proposed excavation of the area around the existing boat basin and access channel appears to be CONSISTENT with15 NCAC 07H.0208 (b)(1) and (2). It is the opinion of this office that the area for the proposed excavation is located in an area that has been historically impacted and in continuous use for docking and navigational purposes; however, it appears the proposed final project depth of -5' at NLW is -0.5' deeper than what was previously authorized, the project may not be considered maintenance dredging under the New Hanover County Land Use Plan Policy 3.20 which allows for maintenance exceptions for dredging located in Outstanding Resource Waters, which would be INCONSISTENT with withl5 NCAC 07H.0600. 1. 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 may be 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 pier -head 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. 7. 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. 8. 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 or authorization which may be required. Continued Recommended Permit Conditions on Next Page RECEIVED APR 27 M CCM^ no v 10. The disturbed areas will be properly graded and provided with ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 11. Any development or land disturbing activity that is considered non -water dependent is not authorized within 39 feet of the normal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. 12. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 13. The permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management and the U.S. Army Corps of Engineers prior to the initiation of any work. 14. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. sift fence, diversion swales or berms, sand fence, etc.). 15. In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in conjunction with the Division of Marine Fisheries. 16. Excavation will not exceed -5.0' below MLW within the basins and access channel. 17. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 18. No excavated or fill material will be placed at any time, in any, marsh or surrounding waters 19. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. 20. All spoil material shall be placed at least 30' from mean high water. 21. The disturbed areas will be properly graded and provided with ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 22. Spoil area must be inspected prior to beginning work by a DCM Representative. 23. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspenr'deA96khents in adjacent waters. APR 2 7 zm 24. No coastal wetlands shall be filled outside the area indicated on the attached works plans. -t-'" wink wr+y. 25. The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. Continued Recommended Permit Conditions on Next Page 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. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. RECEIVED APR 2 7 2015 0QM-1"M" erry Pat McCrory Governor April 22, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: AG'iA& NCDENR North Carolina Department of Environment and Natural Resource Chad Coburn 401 Wetlands Section DWR - WiRO Donald R. van der Vaart Secretary RECEIVED/NCDEHR/M APR 2 2 2015 Water Quality Regional operations Section Wilmington Regional office Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA/D&FPermit Application Review Ery Kehaya Project Location: 2307 Middle Sound Loop Rd., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to perform maintenance excavation within an existing boat basin and access channel, and a deck expansion to an existing docking facility 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 May 16, 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. C( J; —/ , oFlro/is cc,_ 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 SIGNED project for reasons described in the attached comments. DATE GAF 11v 1.S— 1a9t;9 ED JUN 161015 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 w r.uY.w�nw w Phone: 910-796-72151 FAX: 910-396-3964 Internet: www,nccoastaimanagement.net An Equal Opportunity 1 Afimialive Acton Employer �'VA I�CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 10, 2015 Mr. Ery Kehaya 2307 Middle Sound Loop Road Wilmington NC 28409 Donald R. van der Vaart Secretary DWQ Project # 15-0418 New Hanover County Subject Property: 2307 Middle Sound Loop Road — Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Mr. Kehaya, You have our approval, in accordance with the attached conditions to perform maintenance dredging of an existing boat basin and an access channel and to construct a deck expansion to an existing docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on April 30, 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 Numbers 3883 (GC3883), 3894 (GC3894), and 3888 (GC3888) are met. This certification may also be viewed on our website at http://portal.ncdenr.ore/web/wq/swp/ws/401/certsandpgrmits. This Certification allows you to use the Nationwide Permits 16 & 35 and 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 Eo required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. .�u 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 Phone:919-707-M0 IntemeC www.ncdenr.gov An Equal Opportunity 1 Affirmed" Acdon Employer— Made in part by recycled paper 2 2307 Middle Sound Loop Road New Hanover County 2015-0418 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 JUN 16 2015 Enclosures: GC3883, GC3888, GC3894 Certificate of Completion cc: Michael Conard — Carolina Marine Construction, Inc., 6400-8 Carolina Beach Road #8, Wilmington, NC 28428 Jonathan Howell — DCM Morehead City Robb Mairs — DCM WiRO Tyler Crumbley — USACE Wilmington Field Office 401 & Buffer Permitting Unit — FILE COPY WiRO NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor DWR Project No: Applicant: Project Name: Donald R. van der Vaart Secretary 401 Water Quality Certification Issued Date: County: Certificate of Completion 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 this certificate to the DWR 401 & Buffer Permitting Unit, 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: 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: Date: if this project was designed by a Certified Professional I, 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 Permitee 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: Division of Water Resources-401 & Buffer Permitting Unit r _ 1617 Mail Service Center, Raleigh, North Car�lina 2369916't7 Location: 512 N Salisbury St, Raleigh North Garoilylq 2 766 "1'# d Phone: 91M07-63001 FAX: 91k07�649 Internet www.ncvraterquality.org An Equal Opportunity l Affirmative Action Employer —Made in pat by recycled paper Pat McCrory Governor April 22, 2015 MEMORANDUM: TO FROM SUBJECT: Applicant: NCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary pQR Zp15 ti Maria Dunn Q �m�taln RE�E�ED tt NC Wildlife Resources Comm. WaRO / WiRO 1�9i,,,. ��; Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA /D&F Permit Application Review Ery Kehaya Project Location: 2307 Middle Sound Loop Rd., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to perform maintenance excavation within an existing boat basin and access channel, and a deck expansion to an existing docking facility 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 May 16, 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 11., DATE 5--1s-zat RECEIVED N.C. Division of Coastal Management MAY ] 8 1015 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net 4-uatw1wna ot+* An Equal Opportunity 1 Affirmative Action Employer 00 `Ito E - .# .qi ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director I. u 1 i_LAtI Ju. TO: Jonathan Howell, Assistant Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria T. Dunn, Coastal Region Coordinator Habitat Conservation Program DATE: May 15, 2015 SUBJECT: CAMA Dredge/Fill Permit Application for Ery Kehaya, New Hanover County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 2307 Middle Sound Loop Rd adjacent the AIW W and Middle Sound in Wilmington, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. I I3A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to perform maintenance excavation in an existing basin, but exceed the previously dredged depths by 1' to achieve a final water depth of -5' NLW. Coastal wetlands are in the proximity of the project area. Material removed will be placed on uplands, dried, and used onsite. Approximately 30,750 IV of shallow water habitat will be disturbed with the 175' by 50' basin and 475' by 25' — 50' access channel excavation. The Middle Sound and AIWW in this location are classified SA ORW by the Environmental Management Commission and are open to shellfish harvesting. The NCWRC is concerned with the deepening of the proposed basin. Previous permits and maintenance activities achieved project depths of-4' NLW. The proposed -5' NLW depth will steepen side slopes and increase the sloughing of material into the channel. The varying width of the proposed access channel dredging is to provide a 10' distance from coastal marsh. We feel the increase of water depth by F will increase impacts to coastal marsh and shallow water habitats. Therefore, we request water depths remain at the previously permitted and previously maintained -4' NLW to minimize impacts to aquatic resources. RECEIVED We appreciate the opportunity to review and comment on this permit application. If you need MAY 18 2015 further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn(�ncwildlife.org poM w�na Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 +"Ty� r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary April22, 2015 RECEIVED MEMORANDUM: A.PF. ? J 14"i Tim Walton DOA Dept. of Administration STATE PROPERTY TO: State Property Office OFFICE FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/D&FPermit Application Review Applicant: Ery Kehaya Project Location: 2307 Middle Sound Loop Rd., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to perform maintenance excavation within an existing boat basin and access channel, and a deck expansion to an existing docking facility 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 May 16, 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: T is agency has no objection to the project as proposed. RECEIVED 'b MAY 18 2015 df This agency has no comment on the proposed project. a5c � G ptiMr•wrna Olt* CA VIA Thisagency atedencyr e at tached. f the project only if the recommended changes are n This agency objects to the project for reasons described in the attached comments. Y C. ision of Coastal Management 127 Ca Drive Ext., Wilmington, NC 28405 910-796-72151 FAX: 910-3953964 Internet: www.nccoastalmanaaement.net An Equal Opportunity \ Afirmalive ACAon Employer Pat McCrory Governor April 22, 2015 MEMORANDUM: TO: FROM: SUBJECT Applicant: NCDENR North Carolina Department of Environment and Natural Resource Georgette Scott Stormwater Section DEMLR - WiRO Donald R. van der Vaart Secretary APR 2 2 2015 By:_ Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA / D&F Permit Application Review Ery Kehaya Project Location: 2307 Middle Sound Loop Rd., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to perform maintenance excavation within an existing boat basin and access channel, and a deck expansion to an existing docking facility 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 May 16, 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 F RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 MAP 191015 Phone: 910-796-72151 FAX: 9103953964Internet: www.n=astaimanagement.net kMSM!'411r7M t'trV An Equal Opportunity 1 Afirtnative Achon Employer RECEIVED APP 2 9 2015 r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary April 22, 2015 MEMORANDUM: Christine Bouffard CAMA Local Permit Officer TO: 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 /D&F Permit Application Review Applicant: Ery Kehaya Project Location: 2307 Middle Sound Loop Rd., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to perform maintenance excavation within an existing boat basin and access channel, and a deck expansion to an existing docking facility 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 May 16, 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 RECEIVED N.C. Division of Coastal Management MAY 0 8 2015 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccDastaimanaaement.net An Equal Opportunity 1 Affirmah" Action Employer DISTRICT 3 NCDENR APR 2 �� 2015 North Carolina Department of Environment and Natural Resource FF�� Pat McCrory Don2itf�.K0 der Vaart Governor Secretary April 22, 2015 MEMORANDUM: Robert Vause / Anthony Law Pender Co. / Onslow Co. TO: New Hanover Co./Brunswick Co. FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/D&FPermit Application Review Applicant: Ery Kehaya Project Location: 2307 Middle Sound Loop Rd., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to perform maintenance excavation within an existing boat basin and access channel, and a deck expansion to an existing docking facility 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 May 16, 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: v/ 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 0 ;0� DATE 6 1,6 1 1 !' fDLCEVED MAY 0 7 1015 N.C. Division of Coastal Management q�w pr,n cltw 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Afirmalive Acton Employer Pat McCrory Governor April 22, 2015 MEMORANDUM: M IaY17,'d SUBJECT: Applicant: NCDENR North Carolina Department of Environment and Natural Resource ffeidl ; pxy5 Environmental Engineer Public Water Supply MZ0 Donald R. van der Vaart Secretary #u 2 2 2lI15 Division WiRO , OfWaterWa eeSoppe, Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA /D&F Permit Application Review Ery Kehaya Project Location: 2307 Middle Sound Loop Rd., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to perform maintenance excavation within an existing boat basin and access channel, and a deck expansion to an existing docking facility 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 May 16, 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. RECENUU REPLY: /\ This agency has no objection to the project as proposed. MAI e 7 1015 This agency has no comment on the proposed project. °c'"-Mm0p11V 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 o lax, DATE �La:Z kC?? N.0 Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.occoastalmanagement.net An Equal Opportunity � Affirmative Action Employer Pat McCrory Governor April 22, 2015 MEMORANDUM: TO: FROM SUBJECT: Applicant: NCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary ate" " ` 1 .,. 1 APB 2 2 2o" Dan Sams l y, District Manager — - - DEMLR - WiRO Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA /D&F Permit Application Review Ery Kehaya Project Location: 2307 Middle Sound Loop Rd., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to perform maintenance excavation within an existing boat basin and access channel, and a deck expansion to an existing docking facility 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 May 16, 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 Pe,L 2-o1 S N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: vAvvv nccoastalmanagement.net An Equal Opportunity 1 Atfrmalive Action Employer Pat McCrory Governor April 22, 2015 MEMORANDUM: TO FROM: SUBJECT: Applicant: NCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary Shannon Jenkins NC Dept. of Marine Fisheries Shellfish Sanitation - WiRO Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA /D&F Permit Application Review Ery Kehaya Project Location: 2307 Middle Sound Loop Rd., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to perform maintenance excavation within an existing boat basin and access channel, and a deck expansion to an existing docking facility 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 May 16, 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. SIGNE DATE `%'Z4 RECEIVED ./— I ,, APR 9 0 2015 N.C. Division of Coastal Management 127 Cardinal Drive EA, Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www,nccoastaimanagement.net An Equal Opportunity 1 Afirmatin Action Employer HOENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor . April 22, 2015 Donald R. van der Vaart Secretary MEMORANDUM: RECEIVED Shane Staples APR 2 y 2013 Fisheries Resource Specialist TO: DCM: WaRO / WiRO DCM-Ftstierlas WARo FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12.09) SUBJECT: CAMA /D&F Permit Application Review Applicant: EryKehaya Project Location: 2307 Middle Sound Loop Rd., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover County Proposed Project: to.perform maintenance excavation within an existing boat basin and access channel, and a deck expansion to an existing docking facility 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 May 16, 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 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910-39M964Internet: www.nccoastalmanagement.net An Equal OpMRunItylAffloafive Action Emocyar l�CDEFR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM: TO: Jonathan Howell, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Ery Kehaya, 2307 Middle Sound Loop Rd., Wilmington DATE: 5/11/15 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to dredge a basin with access channel and expand an existing dock facility. The proposed excavation has a maximum width of 50ft, a depth of-5ft NLW, and overall length of 650Ft. The Dock expansion would include a sundeck and davits for an additional vessel. The requested expanded dredge footprint of 50ft in width for the access canal comes from a USACE permit 25-52. An examination of Google Earth imagining from December of 2002 shows that this work was never completed as permitted or the channel filled in and naturalized as evidence by the intact coastal marsh seaward of the basin. That would mean any portion of the proposed dredge for the access channel exceeding the dimension permitted under state permit 37-00 would be new dredging and not maintenance. The requested basin and access channel depth of -5ft NLW also exceeds the depth previously permitted under either USACE or North Carolina. Additional depth of the requested excavation will increase impacts to the bottom and adjacent marsh habitats due to increased sloughing. Again Google Earth imaging already bears this out showing the marsh receding from the excavated channel, especially apparent since the imagines recorded December 2004. As proposed the project could have significant adverse impacts to coastal marsh and soft bottom habitat. To reduce and minimize impacts to these habitats the excavation could be reduced in , dimensions to those permitted under the State Permit No 37-00 (basin: 80ft x 40ft x -4ft NLW and access channel: 260ft x 20ftx-4ft NLW) and maintain the 10ft setback from all marsh habitats. Additionally a moratorium on excavation from April 1—September 30 should be included. The proposed davits on the proposed sundeck are of some concern. The a formalized docking facility in the proposed proximity to coastal marsh could have negative impacts in way of increased erosion of the coastal marsh Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.aov with further questions or concerns. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: wvnv.ncdenr.gov M Equal Oppodunily Wrinndva Action Employer —Made In part ley recycled paper Huggett, Doug From: Huggett, Doug Sent: Sunday, June 21, 2015 2:10 PM To: Staples, Shane, Bodnar, Gregg Cc: Huggett, Doug Subject: projects Guys I was just checking up on the active major permit files in Jonathans office, and I need to ask about status of your fisheries comments on several projects. I imagine that comments on many of these were probably already e-mailed to Jonathan, but he never got them into the files, so if you could re -send those to me, I would appreciate it. The projects are as follows Jetter Lewis - Brunswick Franklin McLeod — Pender Jeff Nathan — NHC Ery Kehaya — NHC Clark and Denison — NHC Sean O'Leary— NHC Henry Lyons— Brunswick I appreciate the help. If you have any questions, give me a shout. Also, I have a funeral to go to late Monday AM (6/22) so no staff meeting this week. Doug C-bENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 21, 2015 Mr. Michael Conard c/o Carolina Marine Construction, Inc. 6400-8 Carolina Beach Road # 212 Wilmington, North Carolina 28412 Dear Mr. Copard: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Mr. Ery Kehaya for the proposed development located at 2307 Middle Sound Loop Road, adjacent to the AIWW and Middle Sound, in New Hanover County. It was received as complete on March 27, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 11, 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 March 27, 2015, 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. ' nicer ly, Robb L. Maus y% Field Representative Wilmington District Office N.C. Division of Coastal Management cc: Jonathan Howell, DCM RECEIVED Tyler Crumbley, USACE Christine Bouffard, NH Co. APR 2 7 T015 Ery Kehaya, Applicant 'pam'"'tp effy 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 IntemeC www.nocoastaimanagement.net An Equal Opportunity\Affim fi*Action Employer NOTI(ol$17i CAMA PERMIT APPLIED FOR PROJECT: Applicant proposes to perform maintenance v 3 m aciiy a aounoop.aj"acen z o e �° m A/WW & Middle Sound, in Wilmington, New Hanover Co. m ti v COMMENTS ACCEPTED THROUGH May 16, 2015 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: [_arnlina Marin -one r . tion, Inc. NC Div. of Coastal Management clo Micha _I nnard 127 Cardinal Dr. Ext. --6400-JLr"qrol"Lna-Bea=hJload—#212 Wilmington, NC 28405 Wilmington, NC 28412 Robb Mairs, Field Representative 910-796-7423 For: Ery (Whit) Kehaya `1 l flv774-- Simpson, Shaun From: Mairs, Robb L Sent: Friday, March 27, 2015 11:27 AM To: Simpson, Shaun Subject: FW: Cama permit From: Michael Conard[mailto:carolinamarineconstruction(a)charter.net] Sent: Friday, March 27, 2015 11:25 AM To: Mairs, Robb L Subject: Fwd: Cama permit See attached. Walkers will be fowarded shortly Sent from my iPad Begin forwarded message: From: Whit Kehaya <ekehayaiiaec.rr.com> Date: March 27, 2015 at 11:19:16 AM EDT To: "carolinamarineconstruction@charter.net" <carolinamarineconstructionna charter.net> Subject: Cama permit Mike Conard has my permission to apply for a CAMA Permit on my behalf RECEIVED APR 2 7 2015 papa-w/ny )," RECEIVED DCM WILMINGTON, NC MAR 272015 E ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Sm 1 S )-If A. ❑ Agent B. dpr.eNceyiv�etdI,by���f�rinred Name) C. Date of Delivery nWs[W WF y XJ0 -7,?- ;:.Ys- D. Is delivery address different from item 1? ❑ Yes If YE" trw(C.�in A,*@§{blow: &rFo DCM WILMINGTON, NC II APii o '?, 2.015 I Slav Sl'f Tyler %% 5vy/c310 3. SSe�rvoeType DdCertified Mail® El Priority Mall Express- (,(%1 �yOS ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Iransfer from service label) 7 013 0600 DODO 0123 1929 PS Form 3811, July 2013 Domestic Return Receipt v�r r r u rw rrlr llll-TM r ra.v"u r (Domestic Mall Only; No Insurance Coverage Provider For delivery Informadon visit our "belts at www.uapa.com® Postage NMO Return Recelpt Fee Resisctetl Delivery Fee O(Entlorsement Requiretl) l t 7 2015 p Total Postage & Fees $ t7.82 1 03/26//2015 M sent �o r, r-q�y[c 1'`� A! �!�-----51V ?-------------------------------------- O S4ieei, Apt. No.; orPOaa.Na. city, y,w,zr«Wilke, AIC 61$1`140s RECEIVED APR 2 7 20b Ht-1110-0 I01" 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Intemet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and p Coastal Resources Commission h 3pPrmit g for Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling. pursuant to NCGS 113-229 Issued to Elgie W. Kelly, 2305 Middle Sound Loo authorizing development in NC 28409 Permit Numb jaw Cody at adj. Middle Sound (AIWW), 2305 Middle Sound Loop Rd. —,as requested in the permittee's application dated 3/29/99 including the attached New Hanover workplan drawing revised 12/20/99. This permit, issued on - 9?12Qtrd —,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 a fine, imprisonment or civil action; or may cause the permit to be null and void. APR 2 7 2015 eev ; rno er,r 1) The alignment of the proposed limits of dredging must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of excavation. Failure to initiate excavation within 30 days will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The limits of excavation shall remain a maximum of 10 feet from the edge of any coastal wetlands. 3) Excavation will not exceed -4 feet below the mean low water level. In no case shall the depth of excavation exceed that of the connecting waters. RECEI VEC) (See attached sheets for Additional Conditions) CCM WILMINGTON, NC This permit_action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. 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 futtherDepartmental approval. All wont must ce when the lxrmit expires on Decem�er 31, 20 3U In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of bEY4R and the Chairman of the Coastal Resources Commission. onna D.Moffitt,Director Division of Coastal Management This permit and its conditions are hereby accepted. �A MAR 2 ? 2015 Y51� f� 1 Sig Ildlure of Permittee Elcie W. Kelly Permit #37-00 Page 2 of 3 ADDITIONAL CONDITIONS 4) No excavation of any kind will be undertaken in any area outside of the alignment indicated on the workplan drawings. 5) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 6) No vegetated wetlands will be excavated or filled. 7) The temporary placement or double handling of excavated or fill material within waters or vegetated wetlands is not authorized. 8) The permittee must comply with the attached list of United States Coast Guard Regulations. The permittee and/or the contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss the regulations, operations and appropriate lighting, markers, etc. for all dredge equipment. 9) Appropriate sedimentation and erosion control devices, measures or structures must be implemented prior to initiating any land disturbing activities to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 10) The spoil material and fill material will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. All dredged material used for fill shall be completely dewatered. RECEIVED APR 2 7 1015 General Fn u+e•"nwM!v 11) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. NOTE: The deed submitted with the permit application indicates that the property lines extend below the mean high water line. The permittee is advised that,We ee pFth Carolina claims title to all lands falling waterward of the mean higl� wat a*�;,, '' ��c�VIINGTON, NC FEB 0 12013 RECEIVED dCM WILMINGTON, NC MAR 2 7 2015 Elcie W. Kelly Permit #37-00 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional 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) 395-3900 prior to the commencement of any such activity for this determination. NOTE: The permittee is advised that the spoil disposal areas proposed for this project may produce a mosquito breeding problem. The permittee is urged to contact the Public Health Pest Management Section at (252) 726-8970 or New Hanover County Mosquito Control for more information. NOTE: The N.C. Division of Water quality has authorized the proposed project under General Water Quality Certification No. 3112 (DWQ Project No. 991032), which was issued on 10/7/99. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199901584. RECEIVED APR 2 7 1015 HWVrtwnk)-* RECEIVED DCM WILMINGTON, NC MAR 272015 RECEIVED DCM WILMINGTON, NC FEB 0 12013 I 4kPARTME34T OF.THE ARMIS +-' - - - Now —It is to be understood that this Instrument does not give any property ritthta either in Mal estate or mate-rial, or any exclusive privileges; and that It does not authorize any injury to private property or invasion of private .. rights, or any Infringement of Federal, State, or local laws or rnm6tinns, nor dora It obviate the neeeasity of obtaining State assent to the work authorised. IT mnu;LT Exm.SSFS THE A_C4ENT OP THE FFI*XAL COVMNMENT 80 FM All COIN- . CERN9 THE PUBLIC atOHTe Or NAWCATION._ (See Cummings V. Chicago, Igg U. S-, 4I0.) ra—u,w r PERMIT q j Corps of Engineers. R:. la sa > r•t� 9% IWO, >fa No L.e isu PM 198-As 2040 !1 Referring to written request dated 9 Jmte 19¢ I have to inform you that, -upon the recommendation of the Chief of Fngineers, and under the provisions of Section 10 of the Act of Congress approval March 3, O 1899, entitled "An act making appropriations for the construction, repair, and ::3 preservation of certain public works on rivers and harbors, and for other pur— oses p , you are hereby authorised by the Secretary of the Army. to drodo elsoaala r@WT1 %T appeamirloV 5,000 ttaDie yards trsdL a �� rial i� .a�.to be daywitad as of ayp4loaata r� In mad" sawd JUL 1 91999 I (H,re ,n M maned the rirrr. hnrinr, nr nut. -rout sour. rnM.i COASTAL 181'WAIIAGEMENT at 1aMM646111iae •UMBUe IatsaeMrtal VatseW aypeat$aatsly 95 fast (H.,e t.'be ..m tM pmrei-17-keown Ivealty—prr!,rnhlr . , a ri"r— l th, dlwn ,e la m14 end L,nth Item .m,e dea.h. point In th...ae. mtlr.0 nhelAer .bo,e Ep hhrr w xf.;.r as'" I.. hr p f.n O! tom ) apTthQ&" of TA I&$ No. J= RECEIVED FEB 0 1 Zu Iw In accordance with the plans Shown on the drawing attached heret08dMt APR 27 TUij tOr dme'Inx.; give C. number or other drfiulte idmGannon mock..) DGM-MHDCHv Gftn mod Droll" In 111d0o 6m .1 now Chmnmsl IQFht so. =8' Now EWwv r 0owzWg 8. C.e JllpAIo"iea >b U X. grill A J. 3. Ednatdje Jtma 9. 1952.6 r -LI V E D subject to the fo'_lowing conditions: DCM WILMINGTON, NC MAR 2r,2015 tT M Ol (n) Thnt the work shall be4beet to the supervision and approval of the At Engineer, Corps of Engineers, in charlte of the locality, who may temporarily suspend the work at any time, if in his judgment the interests of navi- gation so require. - (b) That any material dredged in the prosecution of the work herein author)" shall he removed evenly and no large refuse piles, ridges across the bed of the wnterw-ay, or deep holes that may have a tendency to cause Injury to navigable channels or to the banks of the waterway shall be left. If any pipe, wire, or cable hereby authorized Is laid In a trench, the formation of permanent ridges across the bed of the waterway shall Iw avoided and the back filling shall be so done all not to increase :be cat of future drrdginx fnr navigation. Any material to be deposited or dumped under this authorization, either in the waterway or on share above high-wntrr mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and. if so prescribed thrrrnn within or behind a good and substantial bulkhead or bulkheads, such ns will prevent excape of the maleriul in the waterway. If the mat.- rial is to be deposited in the harbor of New York, or In its adjacent or tributary waters, or in Long Island Sound, a permit therefor must be previously obtainett from the Supervisor of New York ffarbor, Whitehall Building, New York City. (c) That there shall be no unreasonable interference with navigation by the work herein authorized. (d) That if iospectiona or any other operations by the United States are necessary in the inters t of navigation, all expenses connected therewith shall be borne by the permittee. (c) That no attempt shall be made by the permitlee or the owner to forbid the full and free use by the public of all navigable waters at or adjacent to the work or structure. (1) That if future operations by the United States require an alteration in the )Kuitinn of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army. it shall cause unreasonable obstruction to the free na-•ixation of void water, the owner will be required upon due notice from the Secretary of the Army, to remove or alter the structural work or obstructions caused thereby without expense to the United States, an as to render naviga- tion reasonably free, easy, and unobstructed; and if, upon the expiration or revneation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not he completed, the owners shall, without expense to the United States, and to such extent and in such time and manner as the Secretary of the Army may require, remove all or any portion of the uncompleted structure or fill and restore Io its former condition the navi- gable capacity of the watercourse. No claim shall be made against the United Slates or. account of any such removal or alteration. (g) That the United States shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused boor result from future nperations undertaken by the Government for the conserva- tion or improvement of navigation, or for other purposes, r :nd no claim or right to compensation shall accrue from any such damage. (h) That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the U. S. Coast Guard, shall be installed and maintained by and at the expense of the owner. (i) That the permittee shall notify the said district engineer at what time the work will toe commenced, and as far in advance of the time of commencement as the said district engineer may specify, and shall also notify him promptly, in writing, of the commencement of work, suspension of work, if for a period of more than one week, resumption of work, and its completion. (r) That if the structure or cork herein authorized is not completed on or before .................. day of _ _11 -..----------------- ., 1935., this permit, if not previously revoked or snecifically extended, shall tease and be null and void. c T,;-w�� �D �r+r� 1..9 ]999 'OAsr WISION lit= RECEIVED MAN.AGEME�jT APR 27 101S . ��.i !J/�/JY` I�Israsna'nM By authority of the Secretary of the Army: Oa colonel* Corps D District SWOMWILMINGTON, NC FEB 0 1 2013 RECEIVED 11 strrew 1721 (Civil) rat.I+rmn,p...,.h�F.l1rooll",1lxialeer.«.•hlra,nsrt•u.aa,.,l:•.t.._DCMWILMINGTON,NC MAR 2 7 2015 Approximately 4000 cubic yards to be dredged. Materra I is to be deposited on <",the fronf of several lots on both sides 111a proposed channel. Channel depth m PALMETTO BLUFFS ;a. SUB • DIVISION' q1 PROP. of /3 L.MMsR Lt. O PROP. or - LOcAnoN or /Zi PROPOSED DREDiINC io s0 / � J? LOCA71& MA SCSI* .FlMdes FROM NEW HANOY60 C00N MA?,I9 T. IL fOV%6#%^ 19 10 N �T�.EpwAROs� T - VMS ro lip \o .� - \ `y0 Pv RECEIVED a ry APR 2 7 N PLAN \ `�� �O les SCAlf or Pmr ha Aft se e goo 1 D PROP0361) DRBGCINC JUL 19 1999 oil IN MIDOLC SOUND Cpgg If+S ur Channel Light No.I,Z.4 DG44: ' MANAGEMENT ' NeE E WED w Hanover Coun}f � N.C.NCDCM WILMINGT App►ication by L.M.MERRILL 6- J S.EDWARDS N, NC MAR 2 ? 2015 Tvn: 9 , 1952 List of names to wham Pablis Not Lee dated 10 Jane 1952 was cents re application of Messrs. J. N. Ndwarde and I.. Be Xe 1. 0.* for permit to dredge a ehaansl is frost of thelfT Property t Middle Sounds North Csrollaa Dr►al Ye at one to the Atlaatle Intsaawtal YatervaV. ( r Poataaster 2 �LTiIOH N ` C Chair ass Dd of Coanty Cetera l' 00• Wildlife yro sooes Coned, low Hanover sty • • Dept. of Cons N11aington Morning star Y11aiA001k laws Stows Towing Line Cape rear Towing Line N, Surds P. 0. Box 12n Preston Masons RPD /1 So1g 0eodmans 106 N. sixth St. :0 14a18 0e0daans Trost Nldg. J. N. Cansy. P, O. Paz 1061 O L"eh Pros.0 rt of Meares St. Commerce Dept., ACL Railroad M, 1. logister. P. 0. Pox 211 Charles Dowers, Rt. 1. box 201 Joe Y. leave*► % Reaves Realty. �• Odd fellow* Bldg. rarnsle-Rarr*lson Drodrirg.0orp., 242 Princess St. 4' O J. B. Ddwardsj Box 19BA. Rts fl ,> L. M. Merrill. BOX 198A. -tte fl T J. B. Ndward*s Jr., Box 19E1. Dto ;1 Iarl frltons Pox 199. Btu +1 JACZSONRzr.c .r. G. Y. T:aster. St."Johns Rivsr Line 10 South Bataan St. 1161a Diving 6 Selvages 306 Consoli. dated Bldg.. Jag. 2 ONORONTOri _ e n International ^apsr COmM"W Southern Lr'aft D1v1a1oa Dim Nevslalrsnt News cad Observer L C,. State Nighwy N Arb11e Altos. Cosa. C Chaster To. Tlrajeon. Chairnaa. Advisory CoNslttee. the Aaericaa YY Operate:• tar.. Salts 312. 1319 Y. St..NY WsAhiagten News Service. 1604 ! St.. NV Aset. Chief of Naitnsers for Civil Yorks Dept. of the Ara. Attar Oper Div., Misc. Civil Branch Norf Bmimore d Ca.011na Line 937 Us% Y.tor St. Chief g*r1 near. lfk 3nathera Railway Co. Ct"dard Oil Co, of N. J,. Supply & Nfk 8 rtation Dept.. 8201 Hampton 31rd.. Terns Cesryany. Marine Dept.. P.O. Box 232. Dsrkelay Station. Nfk 6 C. 0. Wilds. " Ne'" Bank of C osserce D1 SoThVor Sts.. Transportatloa C0 A .. Unball Terrace A Zh47 Depsrtaent of Commerce. D. S. Coast & Oeodetie Surveys 'outheastern District rt Headquaers. Rocn 419. P.O.Dldg.. lfk 10 RECEIVED DCM WILMINGTON, NC R1 FEB 0 1 2013RECEIVED ` L1l(tij /1 APR R7 I�JIJ JUL 19 1999 PJ LAJF COASTAAAAM RECEIVED M3CM WILMINGTON, NC MAR 2 7 2015 AAv NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary April 23, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Kehaya / New Hanover Co. • McLeod III / Pender Co. • Lewis / Brunswick Co. Kyle & Heather: Please publish the attached Notice in the Saturday, April 25, 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 At 796-7215). Please email 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, 14 Shaun K. Simpson Permitting Support & Customer sistance Division of Coastal Management cc: WiRO; Michele Walker- DCM RECEIVED Jonathan Howell - MHC DCM APR 17 2015 Tyler Crumbley - USACE DCM-gnu.. pnt N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Adon Employer 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 applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On March 27, 2015, Ery Kehaya proposed to perform maintenance excavation and expand an existing docking facility at 2307 Middle Sound Loop Rd, adjacent to Middle Sound /AIWW in Wilmington, New Hanover County, on April 17, 2015, Franklin McLeod, III proposed to construct a private docking facility at 1228 Carolina Blvd, adjacent to Topsail Sound, in Topsail Beach, Pender County, and on April 22, 2015, Jetter Lewis proposed to install a boadift at an existing dock at 123 W. Island Dr., adjacent to Davis Creek, in Oak Island, Brunswick County. Copies of these applications can be examined or copied at the offices of Robb Mairs (NH Co.), Jason Dail (PN Co.), or Heather Coats (BR Co.), N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) 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 May 16, 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 APR 2 7 2015 MAJOR PERMIT FEE SCHEDULE Kehaya / $400 / New Hanover County DCM % DWQ % Development Ta 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 etlands or open water areas: $400 100% $400 0% $0 I II. For development that involves the filling nd/or excavation of up to 1 acre of wetlands nd/or open water areas, determine if A,B, C, r 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 1II(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 APR 2 7 2015 P(;m'"MFO PITY "h< DENR CAMA Daily Check Log for WIRO Date Received Check From (Name) Name of Permit Holder Vendor Check Number Check amount Permit NumberlCommenfs Refund/Reallocated 3/122015 Dennis W. and Beverly Morgan .same High Point Bank and Trust Compass Pointe Engineering PA Starboard by the Sea BB &T Allied Marne Contractors, LLC Peter Morse _ B of A Southern Sportfishing, Ina Town of Carolina Beach B of A John S or Janet L Sargent same _ _ _ BB &T Carolina Bluewater Construction, Inc. William Donovan BB &T Backwater Marine Construction Inc Joseph L. or Gypsy_ A._M_cK_in_zie BBB &T Deyo & Assmates LLC NCSPA Enviva Wells Fargo Bank Duncan Marine Contractors, Inc. Walter Bryan BB &T Michael or Bonnie Winbum same Wells Fargo Bank 8255 $200.00 GP for 444 Ccean Blvd. W, AB 3fl22015 3054 $100.00 minor fee, OIB, Br 3/132015 7288 $400.00 GP 65151 D 3/132015 1144 $200.00 GP 65127D _ 3/132015 4278 $200.00 GP 65125D 3/1312015 9375 $200.00 GP 65128D _ 3/13 01015 3/13/2015 3/13/2015 3/16/2015I. 1846' $200.00, GP 65124D 6884001253 $100,00 mod fee, MP 47-87 5007021072 $400.00 GP for 300 Williams Rd, NHCo, 8769 $200.00 GP for 11 Wilmington St. OIB check retumed/GP only $2 3117/2015IJeanne L. or James S. Wallis Eagles Watch HOA PNC Bank 3814$100.00;transfer fee, MP 120-08 3/1712015 Southeastern Coastal Construction Co. James Mabry _ _ First Federal 9408 $200.00 GP 65152D 3/18/2015 Antinod Construction, Inc. (Glen Ottaway B dA - 3542 $600.00 GP 65032D 3/182015 Duncan Marine Contractors, Inc. Walter Bryan BB &T 5007021086 $200.00 GP for 300 Williams Rd, NHCo 3/192015 _ _ F and S Marine Contractors Inc. ..Sean O'Leary PNC Bank 4386 $250.00 major fee, Pelican Drive, WB 3I192015 Land Management Group, Inc .Southport Manna, Inc. First Bank _ CresCom Bank Layfayebe Federal Credit Union Wells Fargo Bank 45222 $100.00 renewal fee, MP 99-01, BrCo 31192015 GmgoryA Holden Yates and Odham 2027 $800.00 GP 65128D Yates $400 r.. GP 65129D Odham @$400 3/20/2015 William or Caryn Yankalunas same 7930 $400.00 GP 65039D 320/2015 Connaway Marine Construction, Inc. Jim Magnuson B of A 7153 $200.00 GP 65155D 3120/2015 Land Management Group, Inc River Bluffs Development Corporation First Bank 45251 $100.00 mod fee, MP 30-13 3/20/2015 Carolina Manna Construction, Inc. John Clark First Bank 9550 $300.00 major fee, 8 Cedar Island, NHCo - `applying $100, from ck • 9458 1/20/2015 meant for MP 24-07 renewal 320/2015 John or Robin Koloski same BB &T 1321 $100.00 minorfee, SC 1S05, PNCo. 3242015 D. Evans Contracting Inc D. Heugel BB &T 3069 $200.00 GP for 616 Ravenswood, Hampstead 3252015 Richard or Erica Penny same USAA Federal Savings Bank 742 $200.00 GP reissue for 133 Soundv'iew, Dr, Hamp. 3252015 Vamams Docks & Bulkheads Inc Laughery BB &T 6973 $200.00 GP 65134D 3252015 Maritime Coastal Construction LLC Silver State Properties CresCom Bank 2073 $400.00 GP 65131 D @$200 GP 65132D 3252015 Grace Construction of Brunswick Cc Megan Powell BB &T 10226 $400.00 GP 65133D 3252015 Andy Thornton same First Citizens Bank 529 $200.00 IGP 65036D 3/272015 Charles Riggs & Associates Inc Wafter Warren First Citizens Bank 13960 $100.00 minor fee, PNCo 3272015 Charles Riggs & Associates Inc Nicklaus Phillips First Citizens Bank 13959 $100.00 minor fee, PNCo 3/272015 A'N'A Buildiers, Inc Afify 3693 Island Drive TD Bank 7133 $100.00 minor fee, ONSCo VVI 015 Carding Marine Construction, Inc. Kehaya First Bank 9566 $400.00 major fee, NHCo. v n L V N m