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HomeMy WebLinkAbout98-15 Matthews & BaxleyPermit Class �1/` �L� _ (�( MC)" Permit Number NEW I 98-15 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit RECEIVED for X Major Development in an Area of Environmental Concern MAR 0 8 2017 pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 DCM- MHD CIT Issued to Roy Matthews and Ron Baxley, 298 Red Banks Rd, Hampstead, NC 28443 Authorizing development in Pender County at adi to the AIWW 579 Lewis Rd., Hampstead as requested in the permittee's application dated 4/20/15. incl. attached workplan drawings (3) 1-3 of 3 all dated 4/20/15. This permit, issued on September 28, 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 suo3ecr ro lines, mrpnsUumeui ur Qivu a�uvu, v1 uiay a auac u.� t,v.au,..0 .... ...... ...... . Dockine Facility 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 structure, whether floating or stationary, shall become a permanent part of this expanded docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the expanded docking facility. Any sewage discharge at the expanded docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. rnr Bra) n C. Davis, Director Division of Coastal Management _ivED This permit and its conditions are-hereoy accegTON, NC MAR 0 2 2017 Signature of Permittee Roy Matthews and Ron Baxley Permit No. 98-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) 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. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of formalized 9 boat slips,. 6) A minimum setback of at least 100 feet shall be maintained between any portion of the docking facility, including tie piles, and the existing shellfish closure line limits, so as to avoid an increased closure of waters that are open to the taking of shellfish. 71) In order to ensure compliance with Condition #6, the location of the proposed floating dock and tie pilings shall be approved on site with a representative of the Division of Coastal Management in coordination with the Division of Marine Fisheries- Shellfish Sanitation prior to the initiation of construction. 8) 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. 9) 15A NCAC 07H A208(b)(6)(D) of the Rules of the Coastal Resources Commission require'that the combined area of all "T"s, finger piers, platforms, and decks not exceed a combined total area of eight square feet per linear foot of shoreline. In order to ensure consistency with this requirement, a deed restriction shall be placed on the adjacent lot to the north (Tract 2). The deed restriction shall further state that no T's, finger piers, platforms, or decks shall be allowed off of the lot in the future as long as the permitted access facility is in place. This deed restriction shall be recorded with the Pender County Register of Deeds, and copies of the recorded deed provided to the Division of Coastal Management, prior to the initiation of construction of the docking facility. U.S. Army Corps of Engineers 10) No portion of the reconfigured or newly constructed structure is authorized to be within the U.S. Army Corps of Engineers Federal Channel Setback. 11) Approval of the structure was based on a determination: that there would be no obstruction to navigation. Under conditions existing within the AIWW, a possibility exists that the structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed as relieving the permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave wash normally to be expected in the AIWW. The permittee shall not hold the United States liable for any such damage. RECEIVED DGM WILMINGTON,, NC MAR 0 S 2017 MAR 0 Z 2011 nrrhn_ MHD CITY Roy Matthews & Ron Baxley Permit No."98-15 Page 3 of 3 ADDITIONAL CONDITIONS 12) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 13) 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. 14) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: RECEIVED hq://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. MAR 0 S 2017 Easement 15) Prior to construction of any new boat slips or other docking facilities under this rT111[, th 0tir�tteCe sTaIl apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e). General 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 17) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 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 assigned this proposed project Action ID No. SAW-2015- 0001047. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 20150504. 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. _iVl=L NOTE: An application processing fee of $400 was received by DCM for this pi"OVILMINGTip1g, NO MAR ) ^ 9,017 Coastal Management ENVIRONMENTAL QUALITY File Note: FROM: Gregg Bodnar, DCM Assistant Major Permit Coordinator ROY COOPER Onttvmur WILLIAM G. ROSS JR. s,,:remry BRAXTON DAVIS U;nrvn SUBJECT: Hampstead Investment Holdings LLCTX request from Roy Matthews and Ron Baxley#98-15 DATE: 7/5/17 • A NEW permit (#98-15) was issued on 9/28/15 to Roy Matthews and Ron Baxley for a docking facility at 529 Lewis Road in Hampstead. o Condition No. 9 noted a deed restriction to Tract #2 stating the no additional square footage was allowed off the lot as long as the permitted facility was in place and should be recorded with Pender County Register of Deeds, with a copy provided to DCM. • A Transfer request was processed by WiRO for Hampstead Investment Holdings LLC on 3/2/17 o MP received 3/3/17 • MP Staff discussion concerning Transfer o Noted deed provided in Transfer did not mention Condition No.9 deed restriction o MP requested follow up concerning if any deed restriction documentation was available (3/20/17). None was available at WiRO or in file. o MP requested if docking facility had been constructed (6/5/17). Facility was constructed. • After consultation with MP Coordinator (Doug Huggett), notified field staff (Jason Dail) that a transfer was not appropriate due to facility being constructed and that the deed restriction needed to be investigated (6/21/17). • Applicant requested refund (6/29/17) and process was started (6/30/17). Email correspondence is attached to the void transfer packet. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fm) _4 Bodnar, Gregg From: Dail, Jason Sent: Thursday, June 29, 2017 12:20 PM To: Coats, Heather Cc: Bodnar, Gregg Subject: FW: Hampstead Investment Holdings, LLC - CAMA Transfer FYI Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax. (910)395-3964 Jason. Dail@ncdenr. gov I. . cl_ -^-'Nothing Compares--%fi. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jessica Vamvakias [mailto:jv@loganhomes.comj Sent: Thursday, June 29, 2017 9:16 AM To: Dail, Jason <jason.dail@ncdenr.gov> Cc: 'smorrison @ lmgroup. net' <smorrison@Imgroup.net>; Simpson, Shaun <shaun.simpson@ncdenr.gov> Subject: RE: Hampstead Investment Holdings, LLC- CAMATransfer Thank you. Not much concerned about the refund, although it would be nice. Just wanted to be sure that the transfer can be or is cancelled. Jessica Vamvakias I Executive Administrator p. 910.332.3524 c. 207-653-8387 f. 910.332.3528 M From: Dail, Jason [mailto:iason.dail@ncdenr.govl Sent: Wednesday, June 28, 2017 4:54 PM To: Jessica Vamvakias <lv@loganhomes.com> Cc: 'smorrison@Imgroup.net' <smorrison@Imgroup. net>; Simpson, Shaun <shaun.simpson@ncdenr.gov> Subject: RE: Hampstead Investment Holdings, LLC - CAMA Transfer Jessica, I have cc'd Shaun Simpson by way of this email. She may be able to tell you if a refund is likely. Thankyou Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason. Dai/Oncdenn oov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: Jessica Vamvakias [mailto:iv@loganhomes.coml Sent: Wednesday, June 28, 2017 1:48 PM To: Dail, Jason <iason.dail@ncdenr.vov> Cc: 'smorriso n @I mgroup.net' <smorrison@Imgroup. net> Subject: RE: Hampstead Investment Holdings, LLC - CAMA Transfer Good Afternoon Jason, I wanted to check in with you, as I hadn't heard anything. Are we required to do anything to cancel the transfer request? Thank you, Jessica Vamvakias I Executive Administrator p. 910.332.3524 c.207-653-8387 f. 910.332.3528 From: Jessica Vamvakias Sent: Thursday, June 22, 2017 3:21 PM To: 'Dail, Jason' <iason.dail@ncdenr.aov> Cc: 'smo rrison@ lmgrou p.net' <smorrison@Imaroup.net> Subject: RE: Hampstead Investment Holdings, LLC- CAMATransfer Jason, I appreciate you jumping in and helping with this yesterday. In light of the conversation that we had at the scoping meeting and the confirmation that the work had already been done under this permit, we wish to cancel the transfer request. If I remember correctly, the sale of the property without a transfer makes the permit null and void, is that correct? Do you need anything formal from Harrington Village Holdings, LLC to cancel the transfer? Thank you, Jessica Vamvakias I Executive Administrator p. 910.332.3524 c.207-653-8387 f. 910.332.3528 ❑MM, Build smart. 3 From: Dail, Jason[mailto:iason.daiI(a)ncdenr.govl Sent: Wednesday, June 21, 2017 2:24 PM To: Jessica Vamvakias<Iv@loganhomes.com> Subject: FW: Hampstead Investment Holdings, LLC- CAMA Transfer Hey Jessica, I just received this from one of our major permit coordinators in Morehead City. Let me know if you have any question or want to discuss further. Take care, Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason. Dail@ncdenr. gov -:>'Nothing Compares--%, Email correspondence to and from this address may be subject to the North Carolina public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Wednesday, June 21, 2017 10:19 AM To: Dail, Jason <lason.dail@ncdenr.gov>; Coats, Heather <heather.coats@ncdenr.gov> Subject: RE: Hampstead Investment Holdings, LLC - CAMA Transfer Hey Jason, So... 1. Issue with the deed and no mention of Condition No. 9 (Deed Restriction) 2. Facility has been built Talked again with Doug and it seems, based on the info you provided that the facility has been built, that if there is no further construction authorized by the permit then the permit does not need to be transferred. There is also concern that we need to get further into the deed restriction to make sure that the condition is addressed. Hope this helps and let me know if we all need to get together to discuss, Gregg From: Dail, Jason Sent: Wednesday, June 21, 2017 10:05 AM To: Coats, Heather <heather.coats@ ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.Rov> Subject: RE: Hampstead Investment Holdings, LLC - CAMA Transfer Sorry, it went to Gregg. Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7121, Fax: (910)395-3964 Jason.Dail@ncdenr. aov 0 4 -`Nbthirtg Carnpares��. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: Coats, Heather Sent: Wednesday, June 21, 2017 10:04 AM To: Dail, Jason <iason.dail@ncdenr.gov> Subject: RE: Hampstead Investment Holdings, LLC - CAMA Transfer Umm, I haven't seen that one- did it go to me or to Gregg? Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 am w4fift itI L; Nathirtg Campares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dail, Jason Sent: Wednesday, June 21, 2017 9:59 AM To: Jessica Vamvakias <iv@loganhomes.com> Cc: Coats, Heather<heather.coats@ncdenr.gov> Subject: RE: Hampstead Investment Holdings, LLC- CAMA Transfer Hey, thanks. After reviewing the file, it appears we did receive and process this request; however, it does not appear it has been issued. I will follow up on that later today. I apologize for not having known, but I was out for a several weeks in Feb and March and this one came in while I was gone. At any rate, I will check today and see when it will be issued. Take care, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason.Dafl@ncdenr. gov <' 'l Nothing Compares E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jessica Vamvakias [mailto:iv@loganhomes.coml Sent: Wednesday, June 21, 2017 9:50 AM To: Dail, Jason <iason.da1l@ncdenr.g2v> Subject: Hampstead Investment Holdings, LLC - CAMATransfer Good Morning Jason, I hope you are well this morning. Thank you for your time yesterday. I have attached the transfer letter request that was sent in March of this year. I just wanted to check in to make sure it was in the queue. Thank you, Jessica Vamvakias I Executive Administrator p. 910.332.3524 c.207-653-8387 f. 910.332.3528 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodner Assistant Major Permits Coordinator FROM: Shaun Simpson` "e DCM Permit Support, Wilmington THRU: Debra Wilson \ DCM, District Manager, Wilmington DATE: March 3, 2017 ROY COOPER MICHAEL S. REGAN SC, rr Wro BRAXTON DAVIS director SUBJECT: Transfer Request State Permit No. 98-15 (USACE Action ID SAW 2015-01047) Roy Matthews & Ron Baxley to Hampstead Investment Holdings, LLC Mr. D Logan, Manager, Hampstead Investment Holdings, LLC is requesting the transfer of State Permit No. 98-15 authorizing the construction of a docking facility at 579 Lewis Road, in Hampstead, Pender County. State Permit No. 98-15 was originally issued to Roy Matthews & Ron Baxley on September 28, 2015, and is due to expire on December 31, 2018. A copy of the deed with change of ownership is enclosed. This office has no objections to the transfer of State Permit No. 98-15. Mr. Logan has submitted a check (no. 82025) in the fee amount of $100.00. Enclosures cc: WiRO file Tyler Crumbley, USACE Robb Mairs, DWR State of North Carolina [ Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED MAR 0 8 P017 DCM- MHD CITY Hampstead Investment Holdings, LLC. Hampstead Investment Holdings, LLC 60 Gregory Road Suite 1 Belville, N.C. 28451 Attention: D Logan Jason Dail Division of Coastal Management 127 North Cardinal Drive Wilmington, N.C. 28405-3845 Re: Permit Transfer Request, CAMA Permit Number 98-15, Pender County Dear Mr. Dail, March 2, 2017 On behalf of Hampstead Investment Holdings, LLC, I am requesting the transfer of CAMA Permit Number 98-15 from Roy Matthews and Ron Baxley to Hampstead Investment Holdings, LLC. I have enclosed copies of: The deed for the property transferring from Roy Matthews to Hampstead Investment Holdings, LLC. It is our intent to use the permit for its original intended purpose and to conform to the permit conditions until any future permit modification may be authorized. Also enclosed is the transfer fee check for $100. Please use the above contact information for the permittee. Thank you for your assistance. Sincerely, 6 D Logan 910-443-2869 Hampstead Investment Holdings, LLC Manager CC: Steve Morrison (Land Management Group) RECEIVED MAR 0 8 Z017 DCM- MHD CITY 49EC7 =1VED DCM WILMINGTON, NC MAR 0 2 2017 60 Gregory Road, Suite 1, Belville, NC 28451 P: 910-452-7175, F: 910-452-2135 Parcel Identifier Mail/Box to: Jerb," P. Keete This instrument was prepared 11IIIIIMIINIIIIIBIII INN Doc No: M151361 ce"P E2e"0 016 08 PM Page I of 4 PeMar County North Carol,. Sharon Lear Willoughby, Register of Deeds SK 4882 PG 1798 -1801 (4) NORTH CAROLINA GENERAL WARRANTY DEED by County on the Brief description for the Index: PARTTRACT#I AND TRACT#20FTHEEVALEWISLANDS THIS DEED made this l5th day of November , 2016 by end between - GRANTOR Roy Wayne Mathews and Patsy Rose Mathews 148 Redd Banks Lane HmMstead,NC 28443 Har"ead Investment Holdings, LLC 60 Gregory Road, Suite 1 Belville,NC 28451 P Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shallinclude singular, plural, masculine, feminine or neuter as required by context WITNESSEM, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has andby these presents does grant bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Hampstead Township, Pender County, North Carolina and more particularly described as follows: See attached Exhibit "A". The property hareinabove described was acquired by Grantor by instrument recorded in Book.?,?lf page MW All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 15 page 80 Page 1 of 2 NCBar Associaam Form No. 301976.1t..cd01977.2002.2013 This sumdmd far has been approed by Primed by Agreement with the NC By Aii.ied. -1991 North Caroam Bar Aewderiae -NC Bar Form No.3 RECEIVED MAR 0 S 7017 DCM- MHD CITY 4 s--IEC AVED DGM WILMINGTON, NC MAR 022017 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Covenants and Restrictions of record; Easements of Record; Applicable Zoning and Land Use Laws and/or Ordinances pertaining to the use of the premises Taxes to be assessed. _- IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Bk 4632 Pn 1794 �WIfAo (SEAL (Entity Name) Printrrype Nam�e:Rpy , By t"� P1 tu- f/ � Printn)W Name & Title: Prinu ype Name: PArSy R By (SEAL) PrioVType Name & Title: Prinu ype, Name: By, (SEAL) Prindlype Nate & Title: Print/Type Name: State of North Carolina - County or City of Pender I, the undersigned Notary Public of the County or City of Pe uler and State aforesaid, certify that Roy Wayne Mathews and Patsy Rose Mathews personally appeared before me this day and acknowledged the due executiou of the foregoing instrument for the purposes therein expressed. Witness my ban and Notarial stamp or seal this 15th day of November 2016, =STEPHANIEMy CommissionExpires: r%/Jw—�Q.20 Not Public (Affix Seal) Printed or Typed Name State of - Comtyw Cityof I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument formy hand and Notarial stamp or seal this day of 20 STEPHANIE B. OTTAWAY NOTARY PUBLIC My Commission Expires: Bruna;vick County, North Carolina (Affix Sea) Notary's Priced or Typed Name State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that jw is the of —a North Carolina or corporation/limited liability company/general partoership/Emited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its am and deed. Witness my hand and Notarial stamp or seal, this _ day of 70_ My Commission Expires: Notary Public (Affix Sea) Notary's Printed or Typed Name Pea.2 d 2 NC on Auanube Penn No. 3 O 1976. Revised O 1977. 2002, 2013 7bia alsadmd fan her eem appmed by: PrinW by Ag<eeeet wid, lee NC Bar A"O=d o-1991 Nash Cmolim Bar Arwcitliao -NC BuAura No.3 RECEIVED MAR 0 S 2017 DCM- MHD CITY iEC iVED DC.M WILMINGTON, NC MAR 022017 .4,u:.11" Bk 4632 Pg 1800 LOCATEDINTOPSAD.TOWNSHIP,FENDERCOUNTY,NORTB CAROLINA, AND BEING DESCRIBED AS FOLLOWS: TRACT l: LOCATEDINTOPSAILTOWNSHW PENDERCOUNTY.NORM CAROLINA, ADIACEPPT TO ANDNORTHWFST OFTOPSAILSOUND AND BEING MORE FULLY DESCRIBE) AS FOLLOWS, TO WIT: BEGINNING AT AN EMSTING IRON PIPE THAT MARKS THE NORTHEASTERN MOST CORNER OF TRACT NO.1 OF THE MRS. EVA LEWIS LAND DIVISION, SAID IRON PIPE BEING IN THE SOUTHWESTERN LINE OF TRACT NOI AT THE SOUTHEASTERN TERMINUS OF SECONDARY ROAD NO.1564 AS SHOWN ON A MAP OF SAID DIVISION BEING DULY RECORDED IN MAP BOOK I5, AT PAGE 80 OF THE PENDER COUNTY REGISTRY; AND RUNNING THENCE, FROM THE BEGINNING, SO LOCATED, (1) WITH THE DIVIDING LINE BETWEEN TRACT NO. I AND TRACT N(2 OF THE ABOVE SAID EVA LEWIS DIVISION SOUTH 37 DEGREES 23 MINUTES 00 SECONDS EAST 157.10 FEET (PASSING OVER AN INLINE IRON PIPE AT 147.70 FEET) TO A POINT ON THE EDGE OF CONCRETE BULK BEAD: THENCE, (2) ALONG SAID BULK HEAD SOUTH 74 DEGREES 45 MINUTES 21 SECONDS WEST IODAO FEET TO A POINT ON SAIDCONCRFRIE BULK HEAD; THENCE, (3) NORTA 26 DEGREES 47 MINUTES 19 SECONDS WEST 140.38 FEET TO AN IRON STAKE IN LINE; THENCE, (4) TO AND WITH THE DIVIDING LINE BETWEEN TRACT NO.I AND THE SOUTHEASTERN TERMINUS OF SECONDARY ROAD NO.1564 NORTH 68 DEGREES 09 MINUTES 00 SECONDS EAST 035 FEET (PASSING OVER AN MM IRON STAKE AT 7AS FEET) TO THE BEGINNING CONTAINING 0.278 ACRES, MORE OR LESS, AND IS AS SURVEYED BY THOMPSON SURVEYING CO.. P.A., OF BURGAW, NORTH CAROUNA DURING MARCH 1995. THE ABOVE DESCRIBED TRACT BEING A PORTION OFTRACT NO.I OF THE MRS EVA LEWIS LAND DIVISION AS SHOWN ON A MAPOF SAME BEING DULY RECORDED IN MAP BOOK 15, AT PAGE 9D OF THE PENDER COUNTY REGISTRY. RECEIVED MAR 0 S 2017 DCM- MHD CITY ;;iEC•L-AVED DC;M WILMINGTON, NC MAR o22017 Bk 4532 Pn 1Rni THIS CONVEYANCE IS ALSO A PORTION OF LOT NO. I OF THE EVA LEWIS LAND DIVISION AS SHOWN IN MAP BOOK IS AT PAGE 80 OF THE PENDER COUNTY REGISTRY THAT WAS CONVEYED TO VERNON KING LEWIS IN SEPTEMBER 1977, AS RECORDED IN DEED BOOK 528, PAGE 95 OF THE FENDER COUNTY REGISTRY. TOGETHER WITH ALL RIGHT, TITLE AND INTEREST OFGRANTOR IN AND TO THE PROPERTY LYING BETWEEN THE SOUTHEASTERN LINE (CONCRETE BULKHEAD) OF TIE ABOVE -DESCRIBED PROPERTY AND THE CENTFRIAVE OFTHE INTRACOASTAL WATERWAY THAT LIES BETWEEN THE FOLLOWING TWO LINES: (1) THE PROJECTION OFTHE FIRST CALL IN A SOUTHEASTERLY DIRECTION SOUTH 37 DEGREES 23 MINUTES 00 SECONDS EAST FROM THE POINT ON THE EDGE OF A CONCRETE BULKHEAD (IRE CORNER AT THE END OF THE FIRST CALL) TO THE CENTERLINE OF THE INTRACOASTAL WATERWAY, AND (2) THE PROJECTION OFTHETHIRD CALL INA SOUTHEASTERLY DIRECTION SOUTH 26 DEGRM47MINUTES 19 SECONDS EAST FROM A POINT ON THECONCRETE BULKHEAD CORNETAT THE END OFTHE SECONDCAIL)TOTHECENIERLINE OFTHE VITRACOASTAL WATERWAY. TRACT2: BEING AILOF LOT 2, CONTAINING 194 ACRES, AS SHOWN ON MAP OF THE DIVISION OF LANDS OF MRS. EVALEWIS RECORDED IN MAP BOOK 15 AT PAGE 80 OF TTIEPENDERCOUNTY REGISTRY, REFERENCE TO WHICH SAID MAP IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. RECEIVED MAR 0 S 2017 DCM- MHD CITY iEC. :iJED DGM WILMINGTON, NC MAR 0 2 2017 77o NC Division of Coastal Management Cashier's Official Receipt 3519 ABC D Received From: � Permit No.: Applicant's Name: T/ �l//r,..(1 ��- `� /h ✓S , 1AIdl /[�S Project Address: v -H A4d,S iE?d , S Date: 3 C2L- 20 / Check No.: 114r-- County: 7� Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: ILL h Signature of Field Representative: RECEIVED MAR 0 8 2017 Date: �� } Date: '� / Date Date Name of Per ceived Deposited Check From (Name) Hampstead Corning 3/3/2017 transfer Hampstead Investment Holdings, LLC via D. Logan Permit Receipt # transfer fee, MP 98-15, PnCo. SS rct. 3519D Investment Holdings, Credit LLC Union NOTES From Matthews & Baxby/To Hampstead Invs. HIds,LLC 82025 MOM I -H-, C-0 4-T� DONE Coordinator: MAILING DISTiUBUTION SHEET Permitee: gov D.CNIFicid Office ' s Elizabeth City (with revised work plan drawings) Morehead City Washington �Img(on Washington: Raleigh,B11and Tracey Whe'ekf William V6stclot(NC DOT) Bill Biddleconie (NO DOT). Wilmington: Cultural,'Resources: Public Water Supply. Marine Fisheries: Shane NC -DOT: Shellfish Sanitation: Paftfflowipt' .State Property: im,Wa t watet-Qyality: Karen Higgins (IW694) John Hennessy (NO DOT) Washington: Anthony Scartifaugh-4.01' Scott Vinson-Sionnwator ilmington: Chad Coburn - 401 Linda Lewis - Storr4water Wildlife,11996urccs; Mar—i--aunn �W�-) LPO: Fax,Distribution: P6rinitee'p Agent 4: North Carolina Department of Environmental Quality Pat McCrory Governor September 28, 2015 Roy Matthews Ron Baxley 298 Red Banks Rd. Hampstead, N.C. 28443 Dear Sir or Madam: Donald R. van der Vaart Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, o� v J Douglas V. Hugget Major Permits.and Consistency Manager N.C. Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www,nccoastalmanagement.net An Equal Opportunity I AffrmatIve Action Employer - Made in part by recycled paper ON MP-1 APPLICATION for Major Development Permit (last revised 12/27106) P; North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Ron Baxley Applicant 1: First Name MI Last Name Roy Mathews Applicant 2: First Name MI Last Name Ron Baxley If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 298 Red Banks Rd Hampstead NC ZIP Country Phone No. FAX No. 28443 2761 USA 910 - 471 - 0291 ext. Street Address (if different from above) City State T284,43- 579 Lewis Rd Hampstead NC Email ronbaxley62@bellsouth.net 2. AgentJContractor Information Business Name Agent/ Contractor 1: First Name Jon MI W Last Name Giles Agent/ Contractor 2: First Name MI Last Name Mailing Address 22022 SE 271s' Street PO Box City Maple Valley State WA ZIP 98038 Phone No. 1 910 - 620 -1560 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> MAY 14 2015 W'f� Wf luAl �k b.HA. 252-808.2808 :: 1.888-4KCOAST :: www.nccoastalmanagement.not Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pander 579 Lewis Rd Subdivision Name City State Zp n/a Hampstead NC 28443 - Lot No.(s) (if many, attach additional page with list) Phone No. 910 - 471 - 0291 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Atlantic Intercoastal Waterway 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 Intercoastal Waterway e. Is work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or c ty limit the proposed proposed work falls within. ®Yes ❑No Pander County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 322 96,706 c. Size of individual lot(s) d. Approximate elevation of tract we NHW (normal high water) or NWL (normal water level) 12200, 84506, (If many lot sizes, please attach additional page with a list) 4-5 ®NHW or ®NW L e. Vegetation on tract native grasses, oak trees, spartina alterniflora f. Man-made features and uses now on tract Fish house/market, bulkhead, 7 - slip docking structure g. Identify and describe the existing land uses adacent to the proposed project site. boat ramp to the south and boat yard to the north h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? FA (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 IONA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does k involve a ❑Yes ®No ❑NA National Register listed or eligible property? RinGEIYEB <Form continues on next page> MAY 14 2015 N�.l�i 4•u Iti �..144 252.808.2808 :: 1.888-4RC0A5"r ,: www.nccoastalmanagement.net Fornt bCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (it) 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. county sewer o. Describe existing drinking water supply source. well p. Describe existing stone water management or treatment systems. sheet flow 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Governmem ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Temporary and longterm boat dockage for fishing vessels and recreational vessels 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. standard marine construction d. List all development activities you propose. remove several damaged mooring piles, installing 9 new mooring piles and a 8' x 75' floating dock e. Are the proposed activities maintenance of an existing project, new work, or both? both I. What is the approximate total disturbed land area resulting from the proposed project? 0 ®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. n/a 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> RECEIVED MAY 14 2015 ,,'A "Al IM MI14. 252-808-2808 :: 1.888.4 rt C0 A 5 T :: www. nc coasta i man agement. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) 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, 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. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Pecan Grove HOA; c/o Century 21 Phone No. Address 1630 Military Cutoff Rd; Wilmington, NC; 28403 Name Glen Lewis Phone No. Address 585 Lewis Rd; Hampstead, NC; 28443 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 04/20/2015 Print Name _Jon Giles Signature (ham 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 MAY 14 20b 252.808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net 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/Government ❑Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes ❑No c. (1) Dock(s) and/or piers) d. (!)Are Finger Piers included? ❑Yes ®No (if) Number 2. 1 existina (fixed) 1 rr0000sed(floatina) If yes: (ill) Length existing 93': proposed 80' (if) Number _ (iv) Width existina 7.5': proposed 8 (ill) 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: (if) Number 1 existing (ii) Number (ill) Length 83' (ill) Length (iv) Width 8' (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. 9 ❑ Full service, including travel lift and/or rail, repair or (li) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies 7 ® Dockage ('Wet slips") only, number of slips: 9 ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: varies m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 9 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed I. (i) Will the facilityry be open to the general public? ®Yes ❑No RECEIVED MAY 14 2015 252.808.2808 ,.: 1-asa-4RCOAST :: www.nccoastaI anal gement net revised: 12/27/06 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: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. L Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marinaldocking facility proposed within a primary or secondary nursery area? MAY 14 2015 ❑Yes ❑No ws,i", ti"i� �w r" 4;, 252-808-2808 :: 1-888-4RCOAST ;: www_ncc_oastaimanagement _net revised: 12/27/06 Fo'rm btM 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 madna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (sAv), snen ooaom (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 madna/docking facility located within or within close proximity to any shellfish leases? Dyes ❑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 ❑Public/Government ❑Private/Community (if) Number (III) Length (Iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN ( gg., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable l a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number []Commercial ❑Public/Government ❑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. e. Arc of the swing 7. GENERAL RECEIVED MAY i I KI; 252-808.2808 a I.888.4111COAST revised:/2/27106 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. 40' to south and 181' to north 30, Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 979' e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (li) If yes, explain what type and how they will be implemented. d. Water depth at watenvard end of structure at NLW or NWL -6'ONLW 8. OTHER ®This section not applicable a. Give complete description: 04/20/2015' Date Ron Baxely Project Name Ron Baxley / Agent Jon Giles A plicaM Name Ap IicantSignature RECEIVED MAY 14 2015 NMA°i AMII IH FdM 252-808.2808 :: 1-888-4RCOAST :: www.ncc0astalmanaeemen4roet revised: 12l27/O8 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Roy Matthews & Ron Baxley COUNTY: Pender PROJECT NAME: Matthews -Baxley Docking Facility Expansion LOCATION OF PROJECT: 579 Lewis Rd, adjacent to Topsail Sound, in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-4-15 / FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW: 1l .e 9 ez B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 5-14-15 7 vn I ADJ. RIP. PROP NOTICES REC'D:'q7-q 460 APPLICATION ASSIGNED TO- � C C) 75 DAY DEADLINE: 1) ! +�,i 11A11l MAIL OUT DATE: 5-12-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 / #Ot 7 END OF NOTICE DATE: 6-4-15 DEE ON: I 150 DAY DEADLINE: ( 0 STATE DUE DATE: 64-15 FED COMMENTS REC`D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative i % / j RECEIVED Coastal Management - LUP Consistency S`I �� ✓ MAY 14 1015 Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) (D t# 01 S OSO 2 Storm Water Management (DEMLR) S�Zi/I State Property Office b, 1•l j y/ Division of Archives & History Division of Environmental Health Division of Highways S I $ I S Wildlife Resources Commission (o ( S Local Permit Office Division of Marine Fisheries / DCM S�S ii�tiS Corps of Engineers pW�> S- /4- /s Recommendations for State Permit — Rov Mathews and Ron Baxle The total area of floating dock and platform was calculated as follows: Shoreline length = 322' ft. x 8 ft. = 2,000 sq. ft. allowable Proposed floating dock — 8' x 80' = 640 sq. ft. Proposed fie -pilings — 9 @ 1' x 1' = 9 sq. ft. (not counted in square footage calculation) Total proposed = 649 sq. ft. The proposed floating dock would provide dockage for up to five (5) vessels, which would bring the total slip count at the facility to twelve (12). It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the '/. width rule, the eight square foot rule and the pier width rule. The proposed structures would be located over open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include the following conditions: 1. This permit authorizes only the 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 pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. The pennittee 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. 7. This permit authorizes a maximum of twelve (12) boat slips. At no time shall any more than twelve (12) vessels be moored or docked at the facility. The restriction of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 8. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which 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. RECEIVED MAY 14 1915 „K, H- w � NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 17, 2015 MEMORANDOM TO: From: Through: SUBJECT: Applicant: Donald R. van der Vaart Secretary Jonathan Howell, NC DENR-DCM Coordinator, 400 Commerce Ave., Morehead City, NC 28557 Shannon Jenkins, Shellfish Sanitation and Recreational Water Quality Patti Fowler, Shellfish Sanitation and Recreational Water Quality, Section Chief CAMA Permit Application Review Roy Matthews & Ron Baxley Project Location: 579 Lewis Road, Hampstead, Pender County Proposed Project: Expansion of an existing commercial docking facility The applicant proposes to expand the existing seven slip commercial docking facility by installing an 8'X80' section of floating dock along the northeastern side of the property. There are also 9 new tie pilings proposed as part of the project. There is currently a 100' shellfish closure adjacent to the existing dockage on the property. The northeastern shellfish closure line is measured 100' to the east from the existing dock and tie pilings. From the application the exact location of the new tie pilings #8 and #9 is not clear. An expanded shellfish closure will not be necessary if the new tie pilings and/or new floating dock fall within the existing "footprint” of the current docks/tie pilings or maintain a minimum 1 00'from the existing eastern closure line. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper A/__FARY ITRY.371 To: Jonathan Howell l' From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination — Roy Mathews and Ro axler -Hampstead; — Pender County Date: May 18, 2015 The applicant proposes to expand an existing commercial docking facility. The project is located at 579 Lewis Road; adjacent to Topsail Sound in Hampstead, Pender County. I have reviewed this proposal for consistency with the Pender County Comprehensive CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. Areas of Environmental Concern (AFC's) are PT, and EW. Pender County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Pender County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This,project appears to be consistent with the Pender County Comprehensive Land Use Plan Update Cc: FILE PaWcCrory Governor L Avj3p2* NCDENR . North Carolina Department of Environment and Natural Resources June 23, 2015 Donald R. van der Vaart Secretary DWR Project tf 20150504 Pender County Roy Mathews and Ron Baxley 298 Red Banks Road Hampstead, NC 28443 Subject Property: Approval lsof 401 Water Quality A.&C AoPER, al E ti MIT 579 T Dear Messrs. Mathews and Baxley: You have our approval, in accordance with the attached conditions and those listed below to construct an additional floating dock in order to expand the existing docking facility as described in your CAMA application dated May 12, 2015, and received by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on May 12, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed Impacts or to conduct Impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be Issued in their name (15A NCAC 02H .0501 and .0502). 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.ncdenr.gov An Equal eppodunily IAlfirmalive Men Employer- Made in pal by recycled paper Roy Mathews and Ron Baxley DWR Permit 4 2O150504 June 23, 2015 Page 2 of 4 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796,7215 This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in'effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. 115A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A). Roy Mathews and Ron Baxley DWR Permit # 20150504 June 23, 2015 Page 3 of 4 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. SAVs Please note that the area around and within the project area contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the approved Impacts specified herein. [15A NCAC 02B .0221 and 15A NCAC 07H .0208(b)] 11. 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 and/or authorized agent is required to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of WaterResources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://Porta l.ncdenr.org/web/wci/swp/ws/401/certsandoe rm its/apply/forms). 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 approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B'by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by cafling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days fallowing the faxed transmission. Roy Mathews and Ron Baxley DWR Permit # 20150504 June 23, 2015 Page 4 of 4 Mailing address for the OAH: If sending via US Postal Service: if sending via delivery service (UPS, Fe'dEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC27699-6714 Raleigh, NC276O9-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel . Department of Environment and Natural Resources 1601 Mail Service Center Raleigh; NC 27699-1601 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 Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdette@ncdenr.gov Joanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis@ncdenr.gov . Sincerely, J egson, Regional Supe v(sor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3900 cc: Jon Giles —electronic copy Liz Hair - USACE Wilmington Regulatory Field Office —electronic copy Jason Dail — DCM Wilmington — electronic copy Jennifer Burdette - Wetlands and Buffer Unit Doug Huggett - DCM Morehead City— electronic copy WiR0 PVL44 — DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Ly TO Awx-MMON OF: July 20, 2015 Regulatory Division Action ID No. SAW-2015-0001047 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Roy Mathews and Mr. Ron Baxley to reconfigure an existing 7-slip docking facility. The applicant proposes to leave the existing pier in its current location and install a new 8-foot wide x 80-foot long (640ft2) floating dock to the northern side of the existing platform. Additionally, the project also includes installation of 9 new tie pilings. This project is located at 579 Lewis Road, adjacent to Topsail Sound, in Hampstead, Pender County, North Carolina. Coordinates in Decimal Degrees are: 34.7406212 N,-77.605428 W. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at h=://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. 2. Dredging is not authorized. 3. No portion of the reconfigured or newly constructed structure is authorized to be within the U.S. Army Corps of Engineers Federal Channel Setback. RECEIVED JUL 2 3 m15 "C40*044 -2- 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. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 5. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent RECEIVED contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic JUL 2 3 2015 -3- materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. RECEIVED JUL 2 3 1015 uCerao„ ' 6u'( 23 18. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely. Liz Hair, Project Manager Wilmington Regulatory Field Office Copy Furnished Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 RECEIVED JUL 2 8 1015 I"Mu K�v -5- Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Joanne Steenhuis Division of Water Resources North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JUL 2 8 2015 OC"-"HWo4X M wr� A, I ix YA" CDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor May 12, 2015 MEMORANDUM: TO: Shane Staples Fisheries Resource Specialist DCM - WaRO FROM: SUBJECT: Applicant: Donald R. van der Vaart Secretary RECEIVED MAY 15 2015 DCM-Flsharres WARO Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Permit Application Review Roy Matthews & Ron Baxley Project Location: 579 Lewis Rd., adjacent to Topsail Sound, in Hampstead, Ponder County Proposed Project: Applicants propose to expand an existing commercial 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 June 4, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with.supporting data is requested. REPLY: This agency has no objection to the project as proposed. KThis 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 KDATE N.C. Dlvislon of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 ' Phone: 910-796-72151 FAX:9103953964 Internet: www.nccoastalmonagement.net An Equal OppaWnitylAfflrmadve Action Employer /M lee Pat McCrory Governor May 12, 2015 MEMORANDUM: TO: FRAM: SUBJECT: Applicant: NCDENR North Carolina Department of Environment and Natural Resource ECEIVE MAY 12 2015 BY:��_ Georgette Scott Stormwater Section DEMLR - WiRO Donald R. van der Vaart Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Permit Application Review Roy Matthews & Ron Baxley Project Location: 579 Lewis Rd., adjacent to Topsail Sound, in Hampstead, Pender County Proposed Project: Applicants propose to expand an existing commercial 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 June 4, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: , This agency has no objection to the project as proposed. This agency has no comment on the proposed project. RECEIVED MAY 2 7 2015 This agency approves of the project only if the recommended changeswv�-Awns�l�Y are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Oppolunity � ARrmalive Action Employer MCDENR North Carolina Department of Environment and Natural Resources. Pat McCrory Donald R. van der Vaart Governor Secretary May 28, 2015 Mr. Ron Baxley Mr.Roy Mathews 298 Red Banks Road Hampstead, NC 28443 Subject: EXEMPTION Stormwater Project No. SW8150516 Mathews and Baxley Commercial Docking Facility Pender County Dear Mr. Baxley and Mr. Mathews: The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on May 12, 2015. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing. a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit If the subject pro1'ect disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for starmwater discharge from projects meeting these criteria. All temporary built -upon -area , associated with the construction of the protect must be removed within 30 days of compleon of the project, or when it is no longer needed, whichever occurs first If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. Since ly, ��v� or racy E. avis, P.E:, Director Division of Energy, Mineral, and Land Resources WSW: G:\WQISharedl8tormwaterlPermits & Projects120151150516 Exempfion12015 05 permit 150516 cc: Jon Giles Pender County Planning Department 'Jason Dail/Shaun Simpson _. Jonathan Howell, DCM Wilmington Regional Office Stormwater File Division of Energy, Mineral; and Land Resources Land Quality Section —Wilmington Regional Office 127 Cardinal Ddve Extension, Wilmington, North Carolina 28405 . (910) 796-7215 / Fax (910) 350-2004 An Equal Opportunity lAffirmative Action Employer ^ 30% Post Consumer Paper • Intemet htioSporhal.nodennomAiveM A';1 a North Carolina Department of Administration Pat McCrory, Governor Bill Daughtridge, Jr., Secretary May13, 2015 To: Jonathan Howell Assistant Major Permits Coordinator From: Joy Wayman Real Property Ag t Re: CAMA Permit Appion Review Applicant — Roy Matthews & Rox Baxley Approximately 12-slip docking facility State Property Office Reply: The project will require a Submerged Land Easement provided that it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged lands easement. RECEIVED JUN 01205 Iatti"AAHw k l4x Malling Address: Telephone (919) 807-4650 Location: 1321 Mail Service Center Fax (919) 733-1431 116 West Jones Street Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleigh, North Carolina An Equal Opportunity / Affirmative Action Employer Web: http://w .ncspo.org WAA ILF0 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory dd R. van der Vaart Governor R EC E I V Secretary May 12, 2015 MAY 12 2015 MEMORANDUM: DOA STATE PROPERTY OFFICE TO: Tim Walton Dept of Administration State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Roy Matthews & Ron Baxley Project Location: 579 Lewis Rd., adjacent to Topsail Sound, in Hampstead, Pender County Proposed Project: Applicants propose to expand an existing commercial 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 June 4, 2015, If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: wlr&1ot 1-0 61It] .1=I1] 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. DATE N.C. Division of Coastal Management JUN 12015 127 Cardinal Ddve ExL, Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910395-3964 Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Alfirmadve Achon Employer May.20. 2015 8:25AM NC Dept of Transportation No.5932 P. 1/2 ►3 MICT 1 MAY 14 2015 - IMfA NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor May 12, 2015 MEMORANDUM: TO: Robert Vause NC DOT Pender County nj i4f� Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Roy Matthews & Ron Baxley Project Location: 579 Lewis Rd., adjacent to Topsail Sound, in Hampstead, Pender County Proposed Project: Applicants propose to expand an existing commercial 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 June 4, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: his 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. SIGNEDDATE 7 N.C. Division of Coastal Management 127 Cardinal Drive EA, Wilmington, NC 25405 Phone: 91V95-72151 FAX:910.3953964 Internet: www.nccoasWimanagement.net An Equal OPWuNly lAl anai3re Action Employer P1-+� NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor May 12, 2015 MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Roy Matthews & Ron Baxley Project Location: 579 Lewis Rd., adjacent to Topsail Sound, in Hampstead, Pender County Proposed Project: Applicants propose to expand an existing commercial 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 June 4, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 L� "4 DATE 15 N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NO 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www,nccoastalmanagement.net MAY 19 2015 An Equal Opportunity 1 Affirmative Action Employer WhAW-Wow M 4-iz. Pat McCrory Governor May 12, 2015 MEMORANDUM: kti] FROM: SUBJECT: Applicant: LF-75A NCDENR North Carolina Department of Environment and Natural Resource Steve West Environmental Engineer Public Water Supply MAY 12 2015 Oivi WiRp Of WateraeeS pp� Donald R. van der Vaart Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Permit Application Review Roy Matthews & Ron Baxley Project Location: 579 Lewis Rd., adjacent to Topsail Sound, in Hampstead, Pender County Proposed Project: Applicants propose to expand an existing commercial 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 June 4, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 - S*Q' W GS I N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NO 28405 MAY 19 ZZ Phone: 910-796-72151 FAX: 910-395-3964Internet. www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer r -'naHp �KIV .AM Pat McCrory Governor May 12, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: NCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary (.s.os.�s.oa- o Mp�2015 R� Maria Dunn s NCWRC WaRO / WiRO t 1£02 20 Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Permit Application Review Roy Matthews & Ron Baxley Project Location: 579 Lewis Rd., adjacent to Topsail Sound, in Hampstead, Pender County Proposed Project: Applicants propose to expand an existing commercial 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 June 4, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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_ j� DATE c :3- Z;,, S- RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, INC 28405 )UN 0 8 2015 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Afirtnafive Acton Empbyer iti1 t tL AGA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 28, 2015 Mr. Ron Baxley Mr.Roy Mathews 298 Red Banks Road Hampstead, NC 28443 Subject: EXEMPTION Stormwater Project No. SW8150516 Mathews and Bagley Commercial Docking Facility Pender County Dear Mr. Baxley and Mr. Mathews The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on May 12, 2015. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, ther it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. Sincer ly, RECEIVED \ J JUN 0 4 1015 &oracyE . avis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/arl: G:IWQISharedlStormwaterlPermits & Projects120151150516 Exemption015 05 permit 150516 cc: Jon Giles Fender County Planning Department Jason Dail/Shaun Simpson Jonathan Howell, DCM Wilmington Regional Office Stormwater File Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 An Equal Opportunity 1 Affirmative Action Employer • 30% Post Consumer Paper • Internet: http://oortal.ncdenr.ora/webA Coats, Heather From: Jenkins, Shannon Sent: Friday, September 18, 2015 2:36 PM To: Coats, Heather Cc: Humphrey, Jeremy; Haines, Andrew Subject: RE: FW: Roy Matthews & Ron Baxley CAMA application Heather, You are correct in that it is only the pilings #8/#9 that appear to be the concern (as they do not appear to be 100 feet from our closure line), and not the proposed float (as the float appears to be 100 feet minimum from our closure line). We are required to measure our shellfish closure (100' in this case) from the structure that is furthest out (in this case the proposed pilings). We understand the importance of the pilings, and if they can fit them in at a min¢num 100 feet from our closure line that would be great and also avoid any increased shellfish closure. As for conditions on the permit, we would prefer that in addition to the project not causing an increased shellfish closure, that the condition state that any part of the docks/pilings/structure maintain a minimum 100 feet distance from our closure line. That would make it clear. I think it's important for the applicant to understand that there is a potential issue as proposed (we tried to work through their consultant while reviewing the permit app). Of course we'd be glad to assist by providing information prior to initiation of construction. Give me a call if needed. Thanks Shannon From: Coats, Heather Sent: Thursday, September 17, 2015 8:19 AM To: Jenkins, Shannon <shannon.jenkins@ncdenr.gov> Subject: RE: FW: Roy Matthews & Ron Baxley CAMA application Shannon, I've been out of the office myself, so it's no problem. And Jeremy had let me know you were busy with FDA this week. Thanks in advance for your time and I'll talk to you tomorrow! Heather Heather Coats Assistant Major Permits Coordinator NC Division of Coastal Manaaement 127 Cardinal Drive Extension Wilmington, NC 28405-3845 '(910) 796-7424 Fax (910) 395-3964 heather.coats@ncdenr.gov Please visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. . E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jenkins, Shannon Sent: Wednesday, September 16, 2015 6:52 PM To: Coats, Heather <heather.coats@ncdenr.gov> Subject: Re: FW: Roy Matthews & Ron Baxley CAMA application Heather, I apologize for the delay... I've been out on the road with FDA this week from Engelhard to Brunswick County. Can I call you on Friday ... would that work for you? Shannon Sent by Outlook for Android On Tue, Sep 15, 2015 at 6:16 AM -0700, "Coats, Heather" <heather.coats(ct�,ncdenr.gov> wrote: Hi Shannon, I was just talking to Jeremy about this to try to verify that the concern is only the 2 tie pilings (8 & 9) rather than the proposed float. Doug and I talked about issuing the permit with the condition that the project cannot cause an increased shellfish closure and that the location of the structures shall be coordinated with DCM and DMF- Shellfish prior to the initiation of construction. Do you think that would adequately address Shellfish concerns? Thanks! Heather Heather Coats Assistant Major Permits Coordinator NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 (910) 796-7424 Fax (910) 395-3964 heather.coats@ncdenr.gov Please visit www.necoastaimanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. " E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Humphrey, Jeremy Sent: Wednesday, August 26, 2015 8:41 AM To: Coats, Heather <heather.coats@ncdenr.gov> Subject: FW: Roy Matthews & Ron Baxley CAMA application From: Jenkins, Shannon Sent: Wednesday, August 26, 2015 8:32 AM To: Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov> Subject: FW: Roy Matthews & Ron Baxley CAMA application From: Jenkins, Shannon Sent: Wednesday, June 03, 2015 2:22 PM To: igiles28469@hotmail.com Cc: Dail, Jason <jason.dail@ncdenr.gov>; Howell, Jonathan <lonathan.howell@ncdenr.gov>; Jackson, Ed <ed. i s ckso n@ n cd e n r.Rov> Subject: Roy Matthews & Ron Baxley CAMA application Jon, We are currently evaluating the Roy Matthews and Ron Baxley CAMA application. I understand that you are the agent and that the proposal includes adding two tie pilings (labeled #8 and #9) on the northeastern side of the proposed 8'X80' floating dock. There is currently a 100 foot shellfish closure from the existing dockage area (see included pic below for the 100' reference). Can you tell me if the proposed tie pilings #8 and #9 will remain a minimum of 100 feet off the closure line? I'm unable to tell from the application. We will measure the 100' from the furthest structure which would be the tie pilings. In the absence of new tie pilings, we would measure from the proposed 8'X80' floating dock instead. If it helps, here is the current closure description with coordinates: Sloop Point/Channel Marker 90 Seafood Marinas —All those waters extending 100 feet from the Sloop Point Boathouse Marina and Channel Marker 90 Seafood Marina beginning at a point 34' 24.3565' N -770 36.3835' W on shore west of the Sloop Point Marina; running southerly to a point 34° 24.3219' N -77' 36.3534' W; running easterly to a point 34° 24.3557' N -77' 36.2830' W; running northerly to a point 34° 24.3812' N - 77° 36.2976' W east of the Marker 90 Seafood Marina. Saqitqry'Survev, Leg end ;AreapbOConcerri ockage, 4. olf.,Courses:� swcWN�9 6 sSonpllrg Stations ;��aShellfish Cfo'Qr'g �') AB � ....anes . di�'Q Boundaries Shellfish 6romiing Area dassifi-cations thanks Shannon Jenkins NCDENR-DMF-Shellfish Sanitation and Recreational Water Quality Section 3441 Arendell St. Morehead City, NC 28557 Phone:252-726-6827 shannon.ienkins@ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: October 6, 2015 Regulatory Division Action ID No. SAW-2015-01047 and State Permit No. 98-15 Messrs. Ron Baxley and Roy Mathews 298 Red Banks Road Hampstead, North Carolina 28443 Dear Messrs. Baxley and Mathews: 0'rzq ^/ V, Oc DC i 13 20jS M4 41ti0 CITY Reference your application for a Department of the Army permit to add to an existing . docking facility, in navigable waters of the United States, within Topsail Sound, at 579 Lewis Road, in Hampstead, Pender County, North Carolina Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-2514049. Enclosures: CAMA permit GP 291 conditions Sinc ely, L> air Regulatory Project Manager -2- Copies Furnished without enclosures: Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality Morehead City Regional Office 400 Commerce Avenue Morehead City, North Carolina 28557-342.1 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 7 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector NC Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 RECEIVED 'IT 13 2015 -3- DCM- MHD CITY DIVISION OF COASTAL MANAGEMENT - FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Roy Mathews and Ron Baxley 2. LOCATION OF PROJECT SITE: 579 Lewis Road, adjacent to Topsail Sound, in Hampstead, Pender County. Photo Index — 2006:26-6632 (R S-21,22) 2000:26-342 (J,K-2,3) 1995: 26-235 (N,O-11,12) State Plane Coordinates - X: 2979310 Y: 1508728 GPS — N/A Lat:34°24'22.71"N Long:77°36'19.93"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site visit — 5/7/15 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete — 5/4/15 (no green card from Sloop Pt. Marina) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Hampstead Land Classification from LUP — Developed / Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Septic System Planned - None (F) Type of Structures: Existing — Fish house, store, bulkhead and docking facility Planned — expand commercial docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHFR (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water 649 sq. ft. (incorporated) (C) Other — High ground (D) Total Area Disturbed: 649 sq. ft. (0.01acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: NO (Marker 90 Seafood and Sloop Pt. Boathouse Marina) 8. PROJECT SUMMARY: The applicant proposes to expand an existing commercial docking facility. RECEIVED MAY 14 7015 Roy Mathews and Ron Baxley Page Two 9. PROJECT DESCRIPTION: Jon Giles, on behalf of Roy Mathews and Ron Baxley, has requested authorization for the expansion of an existing docking facility. The project site is located at 579 Lewis Road (SR 1564), adjacent to the AIW W/ Topsail Sound, north of Hampstead, Pender County. To access the site from Wilmington, take US Hwy 17 N to Sloop Point Loop Road (SR 1563). Sloop Point Road is located approximately 13 miles north of the intersection of Porters Neck Road and Highway 17. Turn right onto Sloop Point Loop Road and travel approximately 2.7 miles until you come to a 90 degree bend/curve in the road. Bear right at this curve and make an immediate left hand turn onto Lewis Road (SR 1564). Follow Lewis Road to the end and the project site will be located along the left hand side. The subject property also operates as Marker 90 Seafood. Currently, the property is developed and is operating as Marker 90 Seafood and the Quarter Master Store. The high ground portion of the properly is elevated approximately 4'-6' above the normal high water (NHW) level and vegetation consists of a few Live Oaks, lawn grasses, scrub vegetation and ornamental landscaping. There is a lush stand of Smooth Marsh Cordgrass (Spartina patens, sp.) that exist just waterward of the existing bulkhead, approximately 70' north of the planned development. The site has been operating as a commercial docking facility/fish house since at least the early 1990's. The two buildings located on the property are situated along the eastern shoreline, within the 30' Coastal Shoreline Buffer. Just waterward of the buildings, lies a shore parallel bulkhead that approximates the NWH line. The bulkhead extends along the entire eastern shoreline (roughly 322' in length) and connects to the bulkheads running along the neighboring shorelines. Extending from the existing bulkhead, in an easterly direction, the applicant currently maintains a seven (7) slip docking facility. The facility consists of one shore parallel fixed dock that measures approximately 10' (w) x 84' (1), and one shore perpendicular floating dock that measures approximately 8' (w) x 90' (1). Numerous tie pilings exist within the footprint of the facility, primarily for use by the larger commercial vessels that dock and/or pack out. Residential properties border the site to the south and west, and Sloop Point Boat Yard borders the property one lot over to the north. Currently, the applicant owns the property immediately north and adjacent to subject property. Topsail Sound borders the property to the east. The waters of Topsail Sound (adjacent to the project site) are classified as SA by the North Carolina Division of Water Resources. They ARE NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the May 7, 2015 site visit, there does not appear to be any Submerged Aquatic Vegetation (SAV) within the footprint of the proposed docking facility. PROPOSED PROJECT: The applicant is requesting approval to expand the existing seven (7) slip commercial docking facility by installing an 8'(w) x 80' (1) section of floating dock along the northern side of the property. The additional dockage would bring the total number of docking spaces to approximately twelve (12). As stated in the application package, the new dock would provide transient dockage along the northern side and would accommodate two larger vessels along the southern side (most likely commercial vessels). The site plans provided by the applicant's agent indicate that the 8' x 80' section of floating dock would extend easterly from the northern terminus ofthe existing shore parallel fixed dock. In addition, the applicant is requesting approval for the installation of nine (9) new tie pilings. Of the nine tie -pilings proposed, four (4) would be located adjacent to the proposed dock (two on either side). The remaining tie -pilings would be installed adjacent to the existing fixed docks. Water depths in the vicinity of the proposed dock range from -1.5' to -5.0', relative to Normal Low Water (NLW). Aside from the details provided in the application package, no other development is proposed at this time, to neither the existing dock nor the associated buildings. RECEIVED MAY J 4 2015 ,yYai,y yyl�n rlt�4 Roy Mathews and Ron Baxley Page Three 10. ANTICIPATED IMPACTS: The proposed floating dock and tie -pilings would incorporate approximately 649 sq. ft. of public trust and estuarine waters. As designed, the proposed floating dock and pilings would be located within ''/< of the width of the water body, and would not extend beyond the established pier head line. In addition, the proposed structures would not extend into the adjacent channel and would be located within the applicant's area of riparian access. As presented, the proposed floating dock would not disturb any areas of Submerged Aquatic Vegetation (SAV), nor would it cause damage to any wetlands. Minor increases in turbidity should be expended during piling installation; however, no long term adverse impacts are anticipated. Submitted by: Jason Dail Date: May 11, 2015 Office: Wilmington RECEIVED MAY 14 2015 WI W1 "r.M I w, Mathews / Baxley Pier Project Narrative Mr. Baxley is proposing to reconfigure the existing 7-slip docking facility. Located in Hampstead, NC at the end of Lewis Rd. There is an existing fish house with existing docking. The applicant proposes to keep the existing fixed pier and platform and install a new 8' x 80, floating dock to the northern side of the existing platform. This dock will be used mainly for transient vessels on the southern side and two new slips on the northern side. Additionally the applicant proposes to install 9 new tie piles. RECEIVED MAY 14 11115 RECEIVED DCM WILMINGTON. NC APR 2 4 W5 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date a6,• 10* 2109 APPLICANT t Z Name ofProperty Owner Applying for Permit: MON L. r AXL6Y Mailing Address: 519 LEWK Ko. kAMP451EAV . N.G. Z8443 I certify that I have authorized (agent) JON GILES to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) FLOATING 19M f RaO A14fALL DON at (my property located at) 6;V LEWK PR ,1{ARMICA0, N.G. 29M3 This certification is valid thru (date) t296. 101Y Z06 Peep ignature GGNf- APPLI64NT *Z Date RECEIVED MAY 14 71115 N'O' vpt" rl+; RECEIVED DCM WILMINGTON, NO APR 2 7 2015 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date ffc. sm- 9 2914 Name of Property Owner Applying for Permit: R1Y W. MAINEWS Mailing Address: 298 1?ED19 BANKS U. µAMP-6fLA0 Al.G. 203 - Z7b1 I certify that I have authorized (agent) ON YA•X 1LY to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) 640,411 NL1 alk 'ti OUNG AKTALLA11014 at (my property located at) 579 i�W1s R17, l><AMI'ST, N.G. 2>47 . This certification is valid thru (date) Mg/. 1M.2011 Property Owner Signature APR 10 2015 DCM WILMINGTON, NC 'Y Date RECEIVED MAY 14 Ms Wy04-c++rw w10. rEaDEa COUNTY KC 06/0e(2N7 u $6000.00 s�OR_1IjNp Peal Estme fn#+ p / �7 r-O -0 Pil .) % i, �u l Excise Tax 07 Jii l - 8 Pr! If: 10 c� rr�ccs PIN #/lavVdoh-50f3O'col .11 fY.S'C STATE OF NORTH CAROLINA Parcel No. 4224-01-5844-o000 93-0000 COUNTY OF PENDER *ruwMent / Excis ax $6,000.00' This instrument was prepare . Jame andon The attorney preparing this has made no record search or title examination as to the property herein described, unless the same is shown by his written and signed certificate. Further no tax advice of any nature has been rendered to the parties to this instrument. Brief description for the index: Two Tracts End of Lewis Road THIS DEED, made this 7th day of June, 2007, by and between DAVID GRMM CoNSTRUCTIOIN, INC. (hereinafter called "Grantor"); and ROY NAYNE NATHEWS arid wife, PATSY ROSE NATMMS whose mailing address is (hereinafter called "Grantee`). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. The said Grantor for a valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto the said Grantee in fee simple, the following described lot or parcel of land located in Pander County, North Carolina: See attached Exhibit A which is incorporated by reference as if fully set forth herein. RECEIVED MAY 14 7015 wx.w. wl I "?, RECEIVED DCM WILMINGTON, NC 4Ph 2 4: 2019 I FX3249P50';5 The property hereinabove described was acquired by Grantor by instrument recorded in Book at Page of the Pander County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will WARRANT and DEFEND the title against the lawful claims and demands of any and all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: I. Ad valorem taxes for 2007 and subsequent years. 2. General utility service easements and rights of way of record. 3. Restrictions of record in the Pander County Registry. 4. Matters shown on maps recorded in the Pander County Registry. 5. Applicable local, county, state or federal government laws or regulations relative to environment, zoning, subdivision, occupancy, use or construction of the subject property. In Testimony WhereofGrantor, a c ration, has caused this i Instrument to be signed n its corpor a ame b to duly authorized officer by authority of i Bo rd D rectors, the day and year first above written. DAVID on, INC. a cor11 p at Bys avid G e r Preside t ( itle of Officer) RECEIVED MAY 14 W5 r'o. Aril1W NµN. El' 3G!s9-1 (i3O«6 Deed dated June 7, 2007 for Lewis Road Tracts. State. of NMth-C*rolina, County of Perak,' I, {`(Vary( IY'QV(_i _, a Notary Public in and for the County and State a— fokesaid, do hereby certify that _DAVID M. GREER , who is known to me or proved to me on the basis of satisfactory evidence to be the person(s) described, personally appeared before me this day and acknowledged that (s)he is the and authorized officer of _DAVID GR6ER CONSTRUCTION, INC. , a North Carolina corporation, and further that (s)he acknowledged the due execution of the foregoing instrument on behalf of the corporation. Nitne my hand and�o�fficial stamp or Beal this the day of .yJ.LLFU�,— , 2007. My Comm�iaio xpires: (Affix Notary Stamp or Seal here) NOTARY PUBLIC RECEIVED MAY 14 2015 U";'\wi11 wua. UK32-Is 9PG047 EXHBBTT A LOCATED IN TOPSAIL TOWNSHIP, FENDER COUNTY, NORTH CAROLINA, AND BEING DESCRIBED AS FOLLOWS: TRACT 1: LOCATED IN TOPSAIL TOWNSHIP, FENDER COUNTY, NORTH CAROLINA, ADJACENT TO AND NORTHWEST OF TOPSAIL SOUND AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN EXISTING IRON PIPE THAT MARKS THE NORTHEASTERN MOST CORNER OF TRACT NO. I OF THE MRS. EVA LEWIS LAND DIVISION, SAID IRON PIPE BEING IN THE SOUTHWESTERN LINE OF TRACT NO. 2 AT TIDE SOUTHEASTERN TERMINUS OF SECONDARY ROAD NO. 1564 AS SHOWN ON A MAP OF SAID DIVISION BEING DULY RECORDED IN MAP BOOK 15, AT PAGE 80 OF THE FENDER COUNTY REGISTRY; AND RUNNING THENCE, FROM THE BEGINNING, SO LOCATED, (1) WITH THE DIVIDING LINE BETWEEN TRACT NO. I AND TRACT NO. 2 OF THE ABOVE SAID EVA LEWIS DIVISION SOUTH 37 DEGREES 23 MINUTES 00 SECONDS EAST 157.10 FEET (PASSING OVER AN INLINE IRON PIPE AT 141.70 FEET) TO A POINT ON THE EDGE OF A CONCRETE BULK HEAD; THENCE, (2) ALONG SAID BULK HEAD SOUTH 74 DEGREES 45 MINUTES 21 SECONDS WEST 100.00 FEET TO A POINT ON SAID CONCRE4TE BULK HEAD; THENCE, (3) NORTIt 26 DEGREES 47 MINUTES 19 SECONDS WEST 140.38 FEET TO AN IRON STAKE IN LINE; THENCE, (4) TO AND WITH THE DIVIDING LINE BETWEEN TRACT NO, I AND THE SOUTHEASTERN TERMINUS OF SECONDARY ROAD NO. 1564 NORTH 68 DEGREES 09 MINUTES 00 SECONDS EAST 69.35 FEET (PASSING OVER AN INLINE IRON STAKE AT 7.05 FEET) TO THE BEGINNING CONTAINING 0.278 ACRES, MORE OR LESS, AND IS AS SURVEYED BY THOMPSON SURVEYING CO., P.A., OF BURGAW, NORTH CAROLINA DURING MARCH 1995. THE ABOVE DESCRIBED TRACT BEING A PORTION OF TRACT NO.1 OF THE MRS. EVA LEWIS LAND DIVISION AS SHOWN ON A MAP OF SAME BEING DULY RECORDED IN MAP BOOK 15, AT PAGE 80 OF THE FENDER COUNTY REGISTRY. RECEIVED MAY 14 1015 N4„ry wciw woo, BY, 32Is9pso I.a THIS CONVEYANCE IS ALSO A PORTION OF LOT NO. 1 OF THE EVA I.EWIS LAND DIVISION AS SHOWN IN MAP BOOK 15, AT PAGE 80 OF THE FENDER COUNTY REGISTRY THAT WAS CONVEYED TO VERNON KING LEWIS IN SEPTEMBER 1977, AS RECORDED IN DEED BOOK 528, PAGE 85 OF THE FENDER COUNTY REGISTRY. TOGETHER WITH ALL RIGHT, TITLE AND INTEREST OF GRANTOR IN AND TO THE PROPERTY LYING BETWEEN TIIE SOUTHEASTERN LINE (CONCRETE BULKHEAD) OF THE ABOVE -DESCRIBED PROPERTY AND THE CENTERLINE OF THE INTRACOASTAL WATERWAY THAT LIES BETWEEN THE FOLLOWING TWO LINES: , (1) THE PROJECTION OF THE FIRST CALL IN A SOUTHEASTERLY DIRECTION SOUTH 37 DEGREES 23 MINUTES 00 SECONDS EAST FROM THE POINT ON THE EDGE OF A CONCRETE BULKHEAD (THE CORNER AT THE END OF THE FIRST CALL) TO THE CENTERLINE OF THE INTRACOASTAL WATERWAY, AND (2) THE PROJECTION OF THE THIRD CALL IN A SOUTHEASTERLY DIRECTION SOUTH 26 DEGREES 47 MINUTES 19 SECONDS EAST FROM A POINT ON THE CONCRETE BULKHEAD (THE CORNER AT THE END OF THE SECOND CALL) TO THE CENTERLINE OF THE INTRACOASTAL WATERWAY. TRACT 2: BEINO ALL OF LOT 2, CONTAINING 1.94 ACRES, AS SHOWN ON MAP OF THE DIVISION OF LANDS OF MRS. EVA LEWIS RECORDED IN MAP BOOK 15 AT PAGE 80 OF THE PENDER COUNTY REGISTRY, REFERENCE TO WINCH SAID MAP IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. 2ECENED MAY 14 2015 Pender County hnage Viewer http://gi s.pendercountync.gov/TaxCardReader/Defaultaspx?Id=4224-01-... PECAN GROVE PLANTATION C/O CENTURY 21 W LK NGTON, NC DEED:3750 149 031S2010 HOA I NC 28403 TR 3 PB 50/20 DAVID GREER CONSITVP TOPSAIL I4224-01-5833-0000 RECONB RECORD NUMBER: SLOOP POINT FIRE ROUTE 47600.a PENDER EMS LISTER: - 611 LEW S RD SIN S64 I REVIEW ITOPO STREET UTILITY IZONING ILEVEL EXCELLEN ELECTRIC SEE MAP I SPTCTANK NOTES: YELL sILAND CLASS SIZE IBASE RATE`F RNT' DPTH'ADJ -ADJ RATE'UNI TS-LND-VALUE 3I11LRESD PRII 34F 170DI 410011.0010.831 I 34031 341 115702 LAND VALUE: 115702 JDRATE-COND ASE VAL RCNOB2321 31•E108I 6460 72 14.77 0.50 I_A090N.99�U2990 3i 83CBUL KHEADi Los 62 PIER I 5 70CRESEP IER� 6• 851 26.501 26.501 510� 13515 OTHER VALUE: RCN: 50270 FNDATI ONIXTRFNISHIROOFTYPEIROOFMrRLISIZE/QTYI RCNLD: 32578 WLLLFNSHIFLOORS IHEATaAIRIHEATFUELI I IMP: 00500020 I I I I I B CONDITION AD]: % BLDG DEPR: 0.83 % 41STRIJCTUREISKTCH-SF'STHT. AREA RATE -GRDF+HEAT+EXW-•W-NT-ADJ RAT' AREA- RPCN' DEPF'CNDF-STR-VALUE PRIOR LAND BLDG W 00 J IofI -,1 1;1 o .* w W r � ❑m o N 3 � 2 a ru m �a3m 111 `"a 2 ❑❑❑ U, o1 o m o C3 3 1 In 0 0 9 m a ` N a m X D ono SdK S A 0 —.0 J O N O N mm'd�d O N F D y Er E 0 N 0 3 0 3.3 N MI m m m o m p STRUCTURE VALUE: 0 TOTAL APPRAISED -VALUE: 148280 ? III .rTi.T-F411.7✓�kTltAl71 Lrl 0 ED 1J7 OiL14C 1� Ln Postage 8 ru CertlNed Fee 4 �_l 1:3 Return Recelpt Fee 0 (Endorsement Required) [7 Restricted Delivery Fee (Endorsement Required) 0 r 9 N Total Postage a Fees 9 Sent To TTI M orPOB=M. rM1 "s:• er-r---------- $1.61 0252 $3.30 sd9n-rbo� Pownerlt 0 $2.?0 Hrta $0.00 i SlgipZddG $7.61 Nay; M 1 0% ti us_ L��Co RECENI.i. MAY ] 4 2015 4/9/2015 7:55 PM Pender County Image Viewer http://gi s. peridercountyne.gov/TaxCardReader/Defautlaspx?Id=4224-02-... LEVIS, GLENN� MATTHEW����� SBS LEVIS RD HAWSTEAD, NC 28443 DEED:2021 098 01062003 YNUF[R[T U"tKJVllun IIMA Duoutvl Djv.] )F.. 1.n. .v a 1.11 AC S/W PT LT 3 ITVP TOPSAIL 14224-02-7017-0000 PS 15/00, W RINA/BOAT NORKS IRECORD NUMBER: 44502 SLOOP POINT FIRE ROUTE 40400.0 PENDER ENS LISTER: - LEVOS RD END S64 IREVI EVA TOPO STREET (UTILITY ZONING 0.72 ACRES LEVEL FAIR R-20 NOTES: LAND H-jADJ ASE410010. SF.200DCI U0'72I LND 1 11 MRESD PRI BSF 200D 4100 0. 9910.86 05 296735 2I 11MESDAUNDI I 991 ACF ID134911 5000 10800 LAND VALUE: 307535 * OTHER FEAT SIZE IBASERATE'COND •ADJRATE'UNITS.RCNOB-VAL 183A8ULKHEAD 77• 1 120.2310.70 1 84.16 771 5400 2 fi730AT Sit[1' 1I80000.001 I00000. OOI 11 80000 3150DSTORAGE 1 6' 81 21.181 1 21.181 401 1017 OTHER VALUE: RCN: 87497 FNDATI ONIxTRFNI SHI ROOFTYPE I ROOFNrRL I SIZE/QTY1 RCNLD: 51040 1MLLFNSHIFLOORS IHEATBAIRIHEATFUELI I IMP: 0/1150000 I I I I I B CONDITION AD]: % BLDG DEPR: 0.86 % T. AREA RATE'GRDF♦HEAT+ *ISTRUCTUREISKTCH-SF'STHEOVL"AL HT.ADJ RAT' AREA. RPCN' DEPF'CNDF.STR-VALUE PRIOR VALUE I LAND 358575 I STRUCTURE VALUE: BLDG 0 NBHD-ADJ: 2025 CAVB: 0 1. 0 TOTAL APPRAISED -VALUE: 358575 Postal CERTIFIED MAIL,.., RECEIPT m(Domestic fu I In C]Ir y�o;bp�TP { Ln Pe•tw• $1.61 0252 Ln ��lu Cer00ed1" $3.30 05 mime CE' D a p C3 Retum Re lPt 1" (EndolaemeM Required)y� 42 70 Q- Here s �\ APR 101015 C7 Restdoted DeWen/ Fee$0.00 (Endomement Required) rn+ H- .V. - r I O d� M O NTotal Postage 6 Fees $ $7.61 2 2015 WIL"NGTO ra 1b1S N NC In nt 0 dl r I ............ ,............_____--._... ..__. I� o __ id&iw-,APz '; _ .. Or PO Box No. $ g L' �5 JL M1__________________________________ Clpi b'iZ Df46_.-_ ` tea--J.,. oit afnfT\ 0 C-- 2,-�Li 3 RECENED MAY 14 2015 {11.1�1 1W1"14I fa.U.•. � 1 Of 1 4/9/2015 7:58 PM MAJOR PERMIT FEE SCHEDULE Matthews & Baxley $400 / Pender County DCM % DWQ % Development Te Fee 14300160143510009316256263 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 11. Public or commercial development that does not involve the filling or excavation of any etlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if eneral 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 60% $240 40% $160 III(D). If General Water Quality Certification No. 490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or o en water areas: $475 60% $285 40% $190 RECEIVED MAY 14 1015 t.'F" ""1 .Htti v y DENR CAMA Daily Check Log for WRO Daft Race/ved Depo sited Check From Name Name of Permit Ho ltler Vendor Check Number Check enrounf peen Number/Comments Reluntl4tealloca[etl 4/16/2015 Archie McGirr and Janet Batten 4/16/2015 Matinee and John Hum__ _ 4/202015 R. Burak EMM 4/20/2015 Charles D. Carmen Jr. 420/2015 'Southeastern Coastal Construction Co. 420/2015 Chanel Douglas Wilson or Carolyn Wilson 4202015 Maritime Coastal Construction LLC 4/21/2015 Coastal Manne Piers Bulkheada_LLC 4/17/2015 Allied Marine Contradoro, LLC 4/21/2015 Kayla Midge0 same First Citizens Bank 79413600.00 bulkhead permit same NC State Employees' CredR Union i 3562 3200.00 GP 65139D same _ B of A 719 _ $200.00 GP 65185D same Piedmont Advantage Credit Union _ 1029 _ $200.00 GP 65197D King First Federal 9440 _ $200.00 GP 65198D same TO Bank 4936 _ 3100.00 renewal fee, MP 38-12 Thompson CresCom Bank _ 2087 __ UW.00 GP boallih 6393 Mazelle Tr. 018 Tatum Wells Fargo Bank 20158 $250.00 major fee, NHCO McLeod _ B of A 7363 $250.00 majorfee, TB, PIN same Marine Federal_C_redit Union 185 5200.00 GP 651700 Frank Pope _ BR &T 1889 $200.00 GP 64601 D D Logan First Citizens Bank 3.779 5300.00 GP 64612D @$200 Jam PrupertiesfDan Smith transferred from Lucien Ellison MP 65-07 renewal 0$100 Williams _ PNC Bank _ 4450' $400.00 GP 64611D same Piedmont Advantage Credit Union 1029 $20000. GP 65197D Town m Holden Beach BB &T 5995 $2 000.00'GP 65122D Q$400 James and Jane Warren GP 65190D Q$600 Mable Buchanan _ _ ,GP 65191D Q$/W Elliott W. and Franca H. ShsvM _ GP 65192D Q$400 Judy H. and Paul C. Starks, Jr. _ GP 6519M Q$200 Thomas Basedin _ 'B of A 3426 $200 00 NOV 15-060 William Cmche CresCom Bank 3317 $200,00 GP 6206 E. Yacht, 01 Donato Howell Wells Fargo Bank 17-182281643 $300.00 GP 65182D Q5400 Michael Kurich Wells Fargo Bank 17-182261642 $500.00 GP 65183D @$400 City of Wilminglon-Heide Trask Bridge Walkway _'Wells Fargo Benk 2159574 $400.00 major fee, kill same North State Sank 394 $400.00 major fee, NHCo Allemar Inc. PNC Bank 26651 $100.00 rrpd fee, 46,92 508 Tradewind appl. _ South State Bank 1517 _3100.00 minor fee, Naylor, NTH 110 Sanford Street BB &T 3372 $200.00 7 sae _Charles Schwab Bank _lots $200.00 GP for 996 Gaye Ave, TB m Anthony Jeffs First Citizens Bank 3767 $25000majorfee, PNCo same B of A 115 $100. OOIminor fee, NTB, One R. Baxley TD Bank _ 917 $400 00, major fee, 579 Lewis Rd, Hall _ 421/2015 _ Backwater Marine Construction Inc 4/21/2015 Clements Manne Construction _ _ 4/22/2015 F and S Marine Contractors Inc. _ _4/21/2015 Charles D Carmen Jr 4/22/2015 Willie Clarence Ridhamson _ 4/23/2015 Thomas Power Systems, Inc 4231 15 Custom Island Homes by Ken Killer LLC 423/2015 ,Money order for Brandon Games 4/23/2015 fmoney order for Brandon Grimes 4/17/2015 _ K&imley Hom Assoc., Inc .Porters Neck Homeowners Assoc., IrIC 424/2015 Carolina Marine Terminal, Inc 4/2412015 APM Conswction, Inc. 424/2015 VCC, Inc. _ 424/2015 Irvin Ray McDonald, Jr. 4272015. - Clements Marine Conshudion 4272015 Merril LeMoim or Louis LeMoine _ 4272015 _ Quartermaster Stare (MMarker 90 ahead m N DEERR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary May 11, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • City of Wilmington — NH Co. • Matthews & Baxley — PN Co. Kyle & Heather: Please publish the attached Notice in the Thursday, May 14, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please 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, Shaun K. Simpson Permitting Support & Customer Assistance Division of Coastal Management cc: WiRO RECEIVED Jonathan Howell - MHC DCM MAY 14 7015 Tyler Cnunbley - USACE Michele Walker- DCM N.C. Division of Coastal Management 127 Cardinal Drive EA, Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Alfinyolive Action 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 April 17, 2015, the City of Wilmington proposed to construct a public walkway under the Heide Trask Drawbridge (NC DOT Bridge No. 12), on US Hwy 74176, over the AIWW, in Wilmington, New Hanover County, and on May 4, 2015, Roy Matthews and Ron Baxley proposed to expand an existing commercial docking facility at 579 Lewis Rd., adjacent to Topsail Sound, in Hampstead, Pender County. A copy of these applications can be examined or copied at the offices of Robb Mairs (NH Co.) or Jason Dail (PN 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 June 4, 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 MA1 14 1015 Fq}.o witJH MIMr NCDEENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 22, 2015 Jon Giles 22022 SE 271"Street Maple Valley, WA 98038 Dear Mr. Giles: The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of Roy Matthews and Ron Baxley, requesting State authorization for the expansion of an existing commercial docking facility, adjacent to Topsail Sound, in Hampstead, Pender County. With exception of the signed certified mail receipts, it was received as complete on May 4, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision on your permit application is July 19, 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 May 4, 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. cerely(,/ J n Dail, F d Representative cc: WiRO — file DCM, MHC Tyler Crumbley, USACE Joanne Steenhuis, DWR RECEIVED Ron Baxley, 298 Red Banks Road, Hampstead, NC 28443-2761 MAY 14 7015 Hwrw+-uariu w44 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395.3964 Internet: www.ncooastaimanagement.net An Equal Opportunity i Afirmadve Action Employer NOTI(01*17,j nAMA PERMIT APPLIE F R PROJECT -Applicants propose . expand - .. Ifiru Lewis R.O.I. -- - -al in - Sou, - - -- - --- -.. Pender COMMENTS ACCEPTEDTHROUGH APPLICANT: Agent: Jon Giles rrFOR MORE DETAILS CONTACT NG iV. Of GOaStaj Management �1 127 Cardinal . Wilmington, ason Elail, Field Kepresentative Dail, Jason From: Dail, Jason Sent: Monday, April 13, 2015 11:30 AM To: Jon Giles (jgiles28469@hotmail.com) Subject: CAMA Major Permit application - Roy Mathews/Ron Baxley project - additional information requested J. Giles Cadd and Consulting Attn: Jon Giles 22022 SE 2715t Street Maple Valley, WA 98038 RE: CAMA Major Permit Application Roy Mathews/Ron Baxley 579 Lewis Road, Hampstead, NC Dear Mr. Giles: The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of Roy Mathews/Ron Baxley, for development activities on property located at 579 Lewis Road, Hampstead, Pender County. However, your application lacks information necessary for complete processing. The attached list indicates the deficiencies of your application. • N Please provide the signed returned certified mail receipts from the adjacent riparian property owners. Please provide a project narrative detailing the proposed project. ease provide a signed agent authorization agreement which authorizes you as the agent for permitting purposes. Please provide a copy of the deed for the subject property. Please sign and date ALL applicable forms prior to re -submission. t -lease provide a check in the amount of $400 to cover processing. The check should be made payable to: NCDENR. On the site plan and profile drawings, please show the location/elevation of normal low water. Please reference the water depths on the site plan drawing to normal low water. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796.7221. RECEIVED MAY 14 70ri 01 -P9 t-41 tk Ifi'. Memo Date: April 23, 2014 To: Jason Dail NC Division of Coastal Management From: Ron Baxley RE: Major Permit Application, 579 Lewis Rd., Hampstead, NC Enclosed: 1) check for application fee for $400.00 2) Agent authorization form authorizing Jon Giles RECEIVED MAY 14 1015 I,", w." . "0* RECEIVED DCM WILMINGTON, NC 8' x 83' EXi�STING \ / x2.01 1.5 0 0 6 o o o O o \ X-4.0 V O4 7.5'X93' c j EXISTING m V m m z ti < O EXISTING BULKHEAD AND NHW „r.� ,x.� .., _k'-Xxxxxx '% % X X X % % % X,x� _.rs�.. . Y 8' x 75' PROPOSED 0.s F OATING DOCK 1.5 X-4,0 EM 5.0 (-� / \ /� / /\ / .000 100 I / / 4.s I / 5.0 I / I I I �6.000. I / / i 4 z Ljj No z LL o z a ku ------- PROPERTY LB40 —•-- NORMALLOWWATER — — NORMAL HIGH WATER ---------- COASTAL WETLAND LIMITS _.._.._.._.._.._ 15'SET13ACx LINE �. ._ EXISTING PIER HEADLINE 1/4 WIDTH OF WATHRBODY COASTAL WETLANDS EDrE OF EXCAVATED — — CHANNEL CJ Z 0' 30' 60' 90' Y J. W. GILES CADD 6 CONSULTING SERVICES 910 620.156C 0 hnti Hi iW sw 6 t �vw O3n1303d G� RECEIVEL APR 10 2015 '(^Nn WILMINGTON, NC IIIII Ttd3dflHAE IIIIIII LI IIIIIII IIIIIII IIIIIII IIIIIII II IIIII IIIIIII I I I I I t7d I I I I I I Lr; p IIIIIII � II IIII IIIIIII IIIIIII n I (IIII I IIIII II ' I (IIII c I IIIII " I IIIII I IIIII I (IIII I IIIII I (IIII I IIIII I (IIII p I IIIII m I I �, IIIII I m fA TMF FIX CROSS SECTION 3 OF 3 BA7fLEY PROJECT 579 LEWIS RD u+re owanxer HAMPSTEAD, N.C. 007015 J. W. GILES LEGEND ------- PROPERTY LINES - NORMAL LOW WATER — - — NORMAL HIGH WATER ---------- COASTAL WETLAND LIMITS - - - - - - IN SETBACK LINE - - • - - • - EXISTING PIER HEADLINE 1/4 WIDTH OF WATERBODY x..xx -COASTAL WETLANDS APPROXIMATE EDGE CHANNEL C) U w (D a w J ENO co LU J M C7 LL O m � o 0 0 0 N 0 N iu c o � o MAY 9 z C) � U � Z Z � 0' 100, 200' 300' Ov MIL-cn w B PECAN GROVE HOA 611 LEWIS RD gS� w c i J CL C ROY MATHEWS 579 LEWIS RD (PROJECT SITE) W �n 2 RECEIVED 4G�P D ROY MATHEWS LEWIS RD (PROJECT SITE) 4 J. W. GILES E GLENN LEWIS LEWIS RD CADD & CONSULTING SERVICES DCM WILMINGTON, 910-620-1560 APR 2 4 2015 I -- - - - — -- ------------- 30' EXISTING BULKHEAD I " x x 'x' AND NHW ' Est x x x ,..� x' x �x x x x x x � 'x x x x x x x x x_ x�—X x " x x x x x x x x x_ -x-rr- x x x -It 'x x r. �Ax x x x - NLW (0.01) 01 8' x 83' EXISTING x2'0 0 � -1.5 0 6 o 0 5 0 X-2.5 O o�3,5 o X-3 5 \ X-4.0 X-4.0 X -4.0 Q� O� � \ X -4,0 O X-5,0 4 4 \ O X —5.0 D Q Q i \ 7.5' X 93' EXISTING -� 5,0 � \ \ /�0.00 \ � ow, 8 x 80 PROPOSED FLOATING DOCK 10,00 f,0 � .000 ' 3.5 n / ' -4.5 1000 -5.0 � ' / / 0000 ' y ?�6.0 � � I ' I P� LEGEND ------- PROPERTY LINES —•-- NORMAL LOW WATER NORMAL HIGH WATER ---------- COASTAL WETLAND LIMITS - - - - - - 15' SETBACK LINE - - - - - EXISTING PIER HEADLINE 1/4 WIDTH OF WATERBODY _`• •"x COASTAL WETLANDS EDGE OF EXCAVATED CHANNEL X EXISTING WATER DEPTHS @ NORMAL LOW WATER J. W. GILES CADD & CONSULTING SERVICES i 910-620-1560 w 0 or Lu w J ee 0 W J M C7 u o m Lo 0 0 cV 0 w � o U w Z 0 ¢_ w d W c/) U J � O Q un = i<LCL vLl- w MAY 14 tot§ EXISTING GROUND I 4' 2' @ NLW NORMAL LOW WATER 0' @ NLW NHW / NLW / EXISTING BULKHEAD EDGE OF CHANNEL ------ — -- — ------------------------------------ -2'@ NLW - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -W@NLW------ — -- —— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -6'QNLW- - - - - - - - -- -- - - - - - - - - - - ------- HORIZONTAL SCALE 1" = 30' VERTICAL SCALE 1" = 6' CHANNEL PROFILE uj w 0 of a Lu w J co 0 w J_ M C7 0C) M it � r m � W I � W o 0 0 = 04 I U) CV Q o u J 4 W 1- y 0 RECENPL MAY 14 1015 Z C-3 O_ Z F- 0 LUJ C/3 w wF- C/3 J d 61 LCJ = J. W. GILES RECEIVED CADD & CONSULTING SERVICES ffCM WILMINGTON, Q10-620-1560 APR 2 4 2015