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38-15 Murphy, Andrea
Permit Class ' NEW Permit Number 38-15 STATE OF NORTH CARD LINA Department of Environment and Natural Resources and Coastal Resources Commission verma"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Andrea Murphy, Canady ]Road, Wilmington, NC 28411 Authorizing development in New Hanover County at Pages Creek, 1727 Canady Road, Wilm., as requested in the permittee's application dtd 9/12/14 (MP-1 & MP-4), 12/4/14 (MP-2)-incl'g the att'd workman drawings (3), 1-2 of 2 dtd 2/23/15 and 2 of 3 dated rec'd in MHC office 12/19/14'and Droiect narrative 2/23/15 This permit, issued on Morch 11, 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 oe subject to Imes, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) Unless specifically altered herein, this permit authorizes the docks, piers, platforms, boatlifts and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additiona9 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 lDecember 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. jf'' m f BraxtariC. Davis, Director ,,';; D ision of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee y/hX�'LhLK+��.AYF:Ntr%K<'Y/i.Nt9h'•'it+Y]N/hTfttt✓/ � Andrea Murphy Permit 438-15 Page 2 of 4 ADDITIONAL CONIDITIONS 3) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 4) Any portion of the docking facility built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 5) No portion of the authorized docking facility shall extend beyond the established pier head line. 6) 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. 7) 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. 8) 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. 9) 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. 10) This permit authorizes a total of five formalized boatslips in association with this docking facility. Excavation 11) No excavation shall take place outside the area indicated on the attached workplan drawing labeled 1 of 2 dated 2/23/15.. 12) Dredging is only. authorized between October 1 to March 31 to protect juvenile shrimp and fmfish using the shallow water and intertidal areas. No new dredging is authorized. 13) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of the connecting waters. 14) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. Spoil IlDisposal 15) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. Andrea Murphy Permit #35-15 Page 3 of 4 ADDITIONAL CONDITIONS 16) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the initiation of any dredge activities. Sedimentation and Erosion Control 17) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 1 S) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Maintenance Clause 19) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: a. The number of the original permit b. A statement that no dimensional changes are proposed c. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. d. The date of plan revision and the pennittee's signature shown anew on the original plan General 20) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the 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. 21) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. 22) No open water areas shall be excavated or filled, even temporarily, outside of the areas indicated on the attached workplan drawings. 23) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 24) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Andrea Murphy Permit #38-15 Page 4 of 4 ADDITIONAL CONDITIONS 'NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the pemuttee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 14-1302. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-02342, which was issued on 3/11/15. NOTE: An application processing fee of $250 was received by DCM for this project. kI 40 fi ----------- - --- -------- -- - J-s- - te.ol, sl-�, ---- ---- -- ... .. .......... . ........ ------- - --------- exl6o ---------- - ------------ - - - -------- gem mr-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information - Business Name Project Name (if applicable) Appicant 1: First Name MI Ninnf e0L l— Applicant 2: First Name MI Last Name�I / J 14. G Last Name If additional appllrants, please attach an additional pages) with names listed. Mailing Address / of a 2oa PO Box City r rZ (�. Hr,� State e ZIP ' / Coun o� Phone No. FAX No. Street Address (d different from above) City State ZIP Email Z Agent/Contractor information Business Name IgNS�/vG' a' o..� �Q5 IA ( 1� l0✓'f N e Agent(Contractor 1: First Name MI M Last NameC Agent( Contractor 2: First Name MI Last Name Mailing Address 63/C( G.J/fs l�S�; !lam 40-e- PC Box City 6J, 41', 7 00 State N e -LDS ZIP Phone No. 1 Phone No. 2 ,;)8qo 3 9/v-a3/-'9s/y/ext. aid. FAX No. Contractor S Street Address (d different from above) City State RECEI I71if Email 5h4Gi/.COr DCM-MHDCITY rJitiKyHl—for(`` <Form continues on back> RECEIVED DCM WILMINGTON, NC DEC 0 5 2014 252.808.2808 .. '8-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Stre;Address State Rd. If Subdivision Name City State Zip aCf Cr 6, �'�yrNS IiJ� /UC_ Phone No. Lot No. (a) (d many, attach addNonal page with list) 9/0-Sgy-/003 ext. , 31 , a. In which NC river basin Is the project located? b. Name body of water nearest to pproposed project �QSFS 14 I- I Feo✓ L- - c. Is the water body identified in (b) above, natural or manmade? ❑Naturalj6Manmade.❑Unknown it. Name the closest major water body to the proposed project she. - bor'o serin+� j`%pSOJJ e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ,MYes CgNo work falls within. �/0. 00 " c'ou'-/7 II.,P.a 4. Ske DeacHpdor► a. Total length of shoreline o g n the tract (ft.) b. Size of entire tract (sq.tt.) 30000 ssF� c. Size of individual lolls) O, s ff d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) I„'u ' ,3 op v g (If many lot sizes, please attach addRlonal page with a flat) ONHW or ❑NWL e. Vegetation on tract a /U Cf S CV e 0/ C/ OV-dl I. Man-made features and uses now on tract NOu5ei 54eCW g. Identify and describe the existing land uses adjacent to the proposed project site. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, H applicable) Wes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes Mo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes Wo DNA If yes, by whom? Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes )9No DNA LI. National Register listed or eligible properly? RECEIVED <Form continues on next page> DEC 19 2m RECEIVED DCM WILMINGTON, NC DCM-MHD CITY _ 252.808-2808 .. 1.888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? JEF es []No (ii) Are there coastal wetlands on the site? ., Ypres [:]No (III) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes JRJNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. r 14U/—) � zWgC10 o. Describe existing drinking water supply source. we // p. Describe existing storm water management or treatment systems. COU "(17 Jew e. 5.. Actilvides and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Govemment Ory ❑Pdvate/Community b. Give a brief description of purpose, use, and daily orypppeeerats s of the project when complete. /' /y roc �c �lef V'O (.'�CC.e55 �aC.`L 7,G 4"c A,,e41 7--c-/10; 'S C(o QCCe55 L3oGQC a.' d 440 MOo/ koo'--ryJ 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. (� `�r ( S S (� o �r°1 p, II r S!/ hoNo/ loos v con c lo,ei r ry rl ti rho c to � w`r It s; e. d. List all development activities you propose. A !( p/ ctt asa!V5 Va ei C:ti f-(oC - i,_s 020c,le/ 01'6/ e. Are the proposed activities maintenance of an existing project, new work, or both? lve- wow IC.- I. What is the approximate total disturbed land area resulting from the proposed project? QSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes UNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. stlr�a.e '-"'Q I. Will wastewater or stormwater be discharged Into a wetland? []Yes ONo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA j. Is there any mitigation proposed? ❑Yes 5fib ❑NA If yes, attach a mitigation proposal. - <Form continues on back> RECEIVED DEC 19 1014 DCM WECEIVED ILMINGTON, NC ncnn_nnun C!zv DEC 0 5 9p1¢ 252-808.2808 .. 1-888-4RCOAST .. www. nccoastal management. 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 apptication. Please consult the application insbuctlon 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 oroposed project to the Division of Coastal Management. Name, 1�irtva. er isscaslcy?4 v Phone No. IEOF Name aoZ I / klP�v 5 l�r �Mr`v�ryo c� ll7Cr . Phon�/O-G Address Name . T. — 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. G38ay- I� - h. Signed consultant or agent authorization form, d applicable. I. Wetland delineation, H 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. FJtvironmental Policy Act (N.C.G.S. 113A 1-10), if necessary. if the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7- Cerocadon 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 If my knowledge. Date y2.ty Print Name /' Signature c. l RECEIVED Please indicate application attachments pertaining to your proposed project. )6DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DEC 19 2014 ❑DCM MP-3 Upland Development DCM-MHD CITY WCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC 252408-2808 .. 1-888-4RCOAST :. www.nccoastalmanagement.net Form DCM NIP-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 l all other sections of the Joint Application that relate to this proposed project. Please include all supplementainformation. 1, DOCKING FACIL/Ty/MAR/NA CHARACTERISTICS w... _ ❑This section not applicable a ;i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public(Government ,19Private/Community []Yes %No c. (I) Dock(s) and/or pier(s) (d) Number L / % d. (1) Are Finger Piers included? Ayes oim _ (iii) Length I� I / 3 If yes: Number (iv) Width G ' (i) ' _ (v) Floating >Oes []No (iii) Length _-2 (Iv) Width S r (v) Floating WXes ❑No e. (i) Are Platforms included? Yes ❑No If f. (i) Are Boatlft included? $es Q No yes: (ii) Number If yes: ._ � (iii) Length 9 2/ (ii) Number �. (iii) Length (iv) Width A 0 (v) Floating [(Yes MWo (iv) Width Note: Roofed areas are calculated from ddpline dimensions. g. (1), Number of slips proposed S h. Check all the types of services to be provided. (i) Number of slips existing ❑ Full service, including travel lift and/or rail, repair or maintenance service O ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: LKther, please describe: �:�J SONLL S s 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: 'u t k. Typical boat length: m. (i) Will the facility have tie pilings? ❑Yes iprvo (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). c a ou a b 0"Y.5 I. (i) Will the facility, be open to the general public? ❑Yes 26 RECEIVED DEC 19 2014 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC DEC 0 5 2014 252-808-28D8 :: 1-888"4RCOAST :: www.nccoastalmanagement net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewa r. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs pr osed. (ii) Give the location and number of "Pumpout Available' signs prop sed. f. Describe the special design, if applicable, for containing industrial pe 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 pr posed. i. Give the location of fuel -handling facilities, and describe the afety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboar dockage? k. Describe design measures that promote boat basin flus ng? I. If this project is an expansion of an existingmarina, w types of services are currently provided? RECENE DEC 19 1U14 DCM-MHD CITY m. Is the marina/docking facility proposed within a primary or secondary nursery area? %Yes ❑No REeEfVED DCM WILMINGTON DEC 0 5 2014 NC 252.808-2808 :: 1-888-4RCOAST:: Un w.necoaatalmanaaement ne! revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? 92!}Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (�ySB,�), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. , 9CW Zi ❑SAV ❑SS OWL ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes MNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ,LTbls section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public(Govemment ❑Private/Community (ii) Number (Ili) Length (iv) Width Mote` Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., woos( sheetpite; etc. If a rock groin, use MP-2, Excavation and Fill) his section not applicable a (i) Number (H) Length (Ili) Width BREAKWATER (e.g., wood, sheetpile, atc.) AThis section not applicable a. Length b. Average distance from NHW, NWL, or wetlands C. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS Wis section not applicable a. Is me strucure(s): ❑Commercial ❑Public/Government ❑Private/Community a Distance to be placed beyond shoreline _ Mote: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED % GENERAL DEC 19 201b CM VED WILM NIGTON, NC DCM-MHD CITYDEC U 5 2014 252-808.2808 :: 1-888-4RCOAST :: www.ncconstalmanagement.net revised: 12/27/06 Form D .M PAP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines /�l 1 Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 3.S°' e. (i) Will navigational aids be required as a result of the project? ❑Yes ,5No DNA (ii) If yes, explain what type and how they will be implemented. & OTHER a. Give complete description: Date Project Name - - - Applicant Name Applicant Si atur b. Proximity of structure($) to adjacent docking facilities. r _ 30 d. Waterdepth at waterward end of structure at NLW or NWL S ❑This section not applicable RECEIVED DEC 19 2014 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC DEC 0 5 2014 252-808-2808 :: 1-888.4RCOAST :: )vw .r ccoastaimana�gement.net revised: 12/27106 Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access .I ProposeG Other Channel Canal Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL stabilization Length )e 1s N 5 0 Width 1 O Avg. Existing Depth r n L W NA r Final Project 1 r NA Depth S W 1.EXCAVATION; a. Amount of material to be excavated from below NHW or NWL in cubic yards. C;p,nroa, I SS e v rr c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB ❑WL lone (ii) Describe the purpose of the excavation in these areas: tN1 b. Type of material to be d. High -ground excavation in cubic yards. This section section not applicable 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location area. U. Dimensions of disposal area. `ooff�disposal % t�nr �aY� of i /U� arwJ > ocirl* . c. (i) Do you claim title to disposal area? d. (i) WlI a disposal area be available for future maintenance? []Yes ffNo ❑NA ;es []No ❑NA (ii) If no, attach a letter granting permission from the owner. (h) If yes, where? RECEIVED Qrze /oea`Iio^> e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area In the water? DEC 19 2014 (CW) submerged aquatic vegetation (SAV), shell bottom (SB), []Yes 56o ❑NA or other wetlands (WL)? If any boxes are checked, provide the (p) If yes, how much water area is affected? DCM-MHD CITY number of square feet affected. ❑CW _ []SAV []SB ._ ❑WL _ ^one (ii) Describe the purpose of disposal in these areas: RECEIVED DCM WILMINGTON, NC N n DEC 0 5 2014 revised: 12/26/06 k ,Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other 1. Source of fill material. b. Length Width: d. Maximum distance waterward of NHW or NWL f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No DNA (if) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES '• %this section not applicable " (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No DNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (if) Amount of material to be placed in the water _ other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area _ ❑OW ❑SAV _ ❑SB . (iv) Purpose of fill OWL ❑None (it) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe�or hydraulic dredge)? / `� / _ _ _ 1. 1 r� C. fG P � 'f-o kJ l�rc •C d'r vr�.ttWr., Gn c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes o DNA site? ❑Yes Oo ❑NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Project Name Applicant Name r ` Applicant Signatu e JlCIVI W • ILMINGINGTON, NC RECEIVED DEC 19 2014 DCM-Mho CITY DEC 0 5 2014, 252-808.2808 :: 1.888.4RCOAST :: www.nccoastaimananoment.net revised: 12/26106 FLOATING DOCK 6 RAM; � v• Suroe7 I / If 15 175 I / S- �S' Poo 3 I I / // '� M,S\�� PILINGS It w/ o N I 2 is I"16.61 tiF FLOi � o% DC RAMP Y Z I I Q _Z m a A� a I � I Y ilo �I N � >>L l W L Z I / RECEIVED AIL— A / �- _� I � DEC 18 1014 / LoPITY JIL \s� /� // I �Illc HIGH WATER UNE L pA1NSER / / I / NORMA BY 11NDA UNN F NEW COMp`EA GE DFFlC1AL Z014114ON Jl1NE 5, 2D, 4 0 SEMENT� /� 4.39' 42 7B _��EN� EA _ `��' Km -- z jq 14 IS C2-- DCM WILMINGTON, NC FEB Z 3 2015 AtoolteM it y dlqwlj by e v: 6 eld dj'46'.>'f '35 10 :2 01DENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 12, 2015 Andrea Murphy 1727 Canady Rd. Wilmington, N.C. 28411 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, Douglas V. Hugge Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity/Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 11, 2015 David Anderson 221 Denise Drive Wilmington, NC 28411 Dear Mr. Anderson, Donald R. van der Vaart Secretary Thank you for your letter concerning the Coastal Area Management Act (LAMA) major permit request submitted by the Andrea Murphy requesting authorization to construct a docking facility with excavation at 1727 Canady Road, Wilmington, New Hanover County. The Division appreciates your concerns about the proposed project. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were identified as a result of this review. Consequently, the Division has issued a Major Permit No. 38-15 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (808) 252-2808, or by email at Jonathan.Howell@ncdenr.gov. Sincerely, Jonathan R. Howell Asst. Major Permits Coordinator 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone:919-707-8600 IlnterneC www.ncdenr.gov An Equal Oppommity 1Atfirmanve Action Employer — Made in pad by recycled paper DCM Coordinator: h --U-I " Permit j/ MAILING DISTRIBUTION SHEET Permitee }���re� �I L� �✓JG c esr-�r� DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Wash!*�S ✓ F�vn .r mmgton US ACOE Offices: Washington: Ralei d Wilmington: T r Crumb Cultural Resources: Renee Gledhill -Early or mental.review@ncdcr.gov) Public Water Supply: Di Williams (W�) Joey White (WARD) NC DOT: n P Shellfish Sanitation: atti Fowl State Property: Tim Walt Water Resources: en li ins (Raleigh) John Hennessy Washington: Anthony Scarborough Wilmington: Joa us — 401 -Cliad Co rn Qfl\ Linda Lewis - Stormwater Wildlife Resources: aa,I2unn_(WARO LPO: Fax Distribution: Permitee Agent #:_ PCDEMR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 11, 2015 David Anderson 221 Denise Drive Wilmington, NC 28411 Dear Mr. Anderson, Donald R. van der Vaart Secretary Thank you for your letter concerning the Coastal Area Management Act (CAMA) major permit request submitted by Andrea Murphy requesting authorization to construct a docking facility with excavation at 1727 Canady Road, Wilmington, New Hanover County. The Division appreciates your concerns about the proposed project. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were identified as a result of this review. Consequently, the Division has issued a Major Permit No. 38-15 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (808) 252-2808, or by email at Jonathan.Howell@ncdenr.gov. Sincerely, Jonathan R..Howell Asst. Major Permits Coordinator 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 1 Internet: www.ncdenr.gov An Equal Oppodunily 1Affirmative Action Employer — Made in part by recycled paper David Anderson 221 Denise Drive Wilmington, NC 28411 Robb Mairs Field Representative Division of Coastal Management 127 Cardinal Drive, Ext. Wilmington, NC 28405-3845 November 10, 2014 Mr. Mairs: Subject: Riparian Survey The attached aerial photograph shows the subject area at low tide. The two string pilings are spaced 15 feet apart. If that is true, we are working with a 60 foot channel rather than the 80 foot channel as indicated on the survey. Sincerely, David Anderson 910-686-0766 RECEIVED DEC 19 2014 DCM-MHD C" , �y � ¥y�� . ��•'2: � d\. \� k� � \: \� »%`�y»s�2 ?� \{�� � G°, � y � /< � � \\ d � � \« ������ /\ .�� .. _:�.. CERTIFIED MAIL RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Address of Property: (Lot or Street #, Street or Roadd, City & County) Agent's Name #: 1 r-i /11 /Lio� / Z Mailing Address: 3%c/ 4 7 Agent's phone #: 7 /0 - '� /- T S IV �,` �lC . c I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. SC"e 41PA1ZiAW Svrsvey if you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. w— I do not wish to waive the 15' setback requirement. (Property Owner Information) S' nafure � C Print or Type Name Mailing Address Cy City/Staa�te/Zip r 9/(7 3/- FIV Telephone Number S/0,/i Date (Adjacent Property Owner Inf tion) RECEIVED Signature DEC 19 mm ld�f.'t2 t�. f`rr✓ �C-'R idi✓�,.t_ nr•r;n-nn++tv�ama- Print or Type Name d z / /7e v.,sr- L& Mailing Address k)/ 4 2r i/ r/ y✓t� 2 8 V l City/StatelZip q/D - 4,Bd- D y�G€�€�VED Telephone Number DCM WILMINGTON, NC �� 2014 Date Revised 611812012 RECEIVED DCM WILMINGTON, NC SEP 2 6 2A CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION)WAIVER FORM Name of Property Owner .&dr to "Lj jg 17 Address of Property: %'i o�7r l "a u�i Y2�_. G,,J; 4, i.��ryoN, AJC _ a 8C/// (Lot or Street #, Street or Load, Cityk County) Agent's Name #: �l ; r, i, , _ f� J f L Mailing Address: G 3 lc-/ Agent'sphonet 9/0-23/- B/y ,off I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I have no objections to this proposaL �I have objections to this proposal. If you have objections to whatis being proposed, you must notify the Division of Coastal Management (DCM) in w idng within 10 days of receipt of this notice. Correspondence should be mailed to f27 Cardinal Drive Ext, Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail - WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of IS from my area of riparian access unless waived by me. (�I�fyo wish to waive the setback, you must initial the appropriate blank below.) REC:b V ED DCM WILMINGTON, NC I do wish to waive the 15' setback requirement. DEC 1 1 2A I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature r m M H Print or Type Nfime Mailing Address ( y Cify/Statelbp 910--,,L31- S!Sl Telephone Number Dates (Adjacent Property Owner Information Signs ire Print or Type Ngme ,�^7/ Z-t�o/s (z . Mailing Address W/Mia)L �ieA/ CifyAtat--,F— RECEIVED Spa-�FlG-o�« Telephone Number BEC 19 7014 DCN1.Nran ti�„c /_7 /� y Dote Revised 6/1&2012 FLOATING DOCK ` RAMP 61 ANdrrati�cP9 .Su7roeI O F 5 'S / 1S1 / o4 3 / I I /l �t\i�� PILINGS I"16.6' co w ZI ^ I I I r Z I rn I Z <t Z ^ w - W 1 I�w ,z Q w w � I AL ALAL co I / I RECEIVED DEC 19 Xv DC RAMP RECEIVED d WILMINGTON, NC DEC 11 2014 B6M-l"pm /C / -AL I UNE I WATER t4opo AL NIGN pAWTER CEOFFICIAU �1 �2 ali. NEW IAN C3 L4 �5 11 1 4.39' (FOU6 ID) ®� � COOP O�NE 52p14 014 ENT i - PROPOSED SPECIFICATIONS Accf=SS..CHANNEL (RED) -QU DIMENSIONS:- 365' X 60`-X -5.0' (MLW) -- _hNAL GRADE - -5.0' :MLW EXCAVATION VOLUME (WI SLUMPING) - 950 CUBIC YARDS (CY) PROPOSED AREA OF .MA11 TENANCE EXCAV LXISTING .iMIERd JENW77-R TAT�jM IT 7'3 R AD _ 365' DREDGING 100 CIRCLE O.W. HAMrRTEACF NO 28443 OFFICE: 910.270.4058 RELD: 91 0.279.7110 FAN: 91 0.270.405R TATUNL'MURPHY MAINTENANCE DREDGING NEW HANOVER COUNTY, NORTH CAROLINA DREDGE TEMPLATE/WORK LAYOUT DWG Y W W ry U DERTFrs ARE REFERENCED To LDCAL MET Lax WATER MLW) AS EN ._D er 1 E BELI SR7 DA.. HDRLNTAL DAiw: NC STAis PUN' MAD83 & V cAL DATDR: MLW - BST DA➢n AMNIL PRDTOLRAI'NY FROM tNA �Ar�R . C.,, (2010) U -L, 1 I•: CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONNVAIVER FORM Name of Property Owner: Address of Property: (Lot or Street #, Street or Road, City & County) Agent's Name #: �/, rt� /l�� �4—Mailing Address: G 314 GJ, A5 c); `le *os Agent's phone#: 4/Q- I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be Provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext, Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Cued Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. H LL-C E i V ED �Q�D -L�_ I do not wish to waive the 15' setback requirement. N, NC 0CDCM WI2 4 iuLMINGTO (Property Owner Information) e. S aty e Print or Type Nanle Mailing Address (� IID.0 �2,VV63 City/State2ip 9/0-a3/- Telephone Number td D (Adjacent Property Own Information) (fie i. ervt) Sig tore ,Ec�mA� 17 P/.t%dc3Sl�l �+2 Print or Type Name Mailing Address / I.�i �L Ott. �t/�,i .✓ N�� z 5S/�// City/State0p- VO � F-` - OLL� RECEIVED Telephone Number DEC 10 7mt /y Z.13//jt� Date Revised 611 KO12 I D/13 //Y AL FLOATING DOCK RAM; � v• Q���� �c 1 1S'I 1 / rS' in ^`S'/A A� PILINGS o\,�o o N I Z 1S 16.s, tiF FLOi DC RAM P Q _Z m IZ Y I z^ J it w z a Z m I �� U a _ Q Lu I Q uiIAL Q &� N Q� w I to / II. CAD '%'DECEIVED 7RECEIVED GO �DEC 19 20g CM WILMINGTON, N"�pcM_nMHD CITY o / I m11 0 C T 2 4 2014 Mry IaII, � /� / I LINE / I N+G oNDA PA�NjER MAC t Ll / / I FNAGGE H NGVER Gc OFFICIAL L1 .jL I�ro / ZONNG GGUNE 5C2D14 2 �3 L4 �5 r ON � - - EASEMENT - 4,39' 51 ofrol --j iov 36 5calc o+ 3 e 90 -'k VI) � I 1 I 0' 1 �l cam �%.,r�Yrsa� .Jr �ilease ��a�.� owe", O /- V P rM� 1 IY.�fJ i2.�tJ cu cu ; eoiurn� c.ou �oli4L QA Con7CePrvS or- Quesl tonos•2a cce %oiv n..l `''+' `..: s Nta�i�eP , i�n r� ea ,J C'l "Yer ar i i,� 0 4 >c l T 4 cle- o,w f y 1-7 Qua RECEIVED q - /n/o - DEC 107014 DCM WILMINGTON, NC °o^^ 0CT 242014 David Anderson 221 Denise Drive Wilmington, NC 28411 Robb Mairs Field Representative Division of Coastal Management 127 Cardinal Drive, Ext. Wilmington, NC 28405-3845 September 28, 2014 Mr. Mairs: Subject: Riparian Survey I do not object to the pier and dock requested by Andrea Murphy at 1727 Canady Road if I am not losing any of my riparian rights prior to the pier request. My pilings appear to be in the setback area on my side of the riparian line according to this proposal and have been there for forty years. According to this Riparian Survey dated 27, June 2014 my dock appears to be within a 15 foot setback on my side of the riparian rights. Please let me know what date the riparian lines were set? Sincerely, � David Anderson 910-686-0766 RECEIVED DCM WILMINGTON, NC S E P 2 9 2014 RECEIVED DEC 19 70A ©CM-MHb f:ITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Andrea C. Murphy Go Jimmy North 2. LOCATION OF PROJECT SITE:1727 Canady Road adjacent to Pages Creek, in New Hanover County. Photo Index - 2006: 22-7428, F-G,12-13 2000: 22-277, F,11 1989: 4-174-13, 3-4, R 2006: 22-7430, P-Q,10-11 2000: 22-279, Q-R, 4-5 1989: 4-175-12, 34, Q-R State Plane Coordinates — X:2370365 Y:191916 LAT: 34'16'1 5.74"N LONG:77°46'26.85"W 3. INVESTIGATION TYPE: CAMA/D & F ROVER FILE # 0-031811A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 03/18/2014 and 11/17/2014 Was Applicant Present — Yes (Contractor) 5. PROCESSING PROCEDURE: Application Received—12/05/2014 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington -New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: CW, PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Residential (E) Wastewater Treatment: Existing — Septic Planned — N/A (F) Type of Structures: Existing —Single-family residence. Planned —Maintenance excavation and new docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 8. HABITAT DESCRIPTION: [AREA] DREDGED FILLED QIiLER Project Site Spoil Site (A) Vegetated Wetlands (Shading) 900 sq. ft. (B) Non -Vegetated Wetlands 900 sq. ft. 1,548 sq. ft. (Open water (C) Other(Highground) 1,500 sq. ft. (D) Total Area Disturbed: 4,848 sq. ft. (0.11 acres) (E) Primary Nursery Area: No (Secondary) (F) Water Classification: SA Open: No (Conditionally Approved Closed) PROJECT SUMMARY: The applicant requests authorization to perform maintenance excavation within an existing access channel and the construction of a private docking facility within Pages Creek. RECEIVED DEC 19 7014 DCM-MHD CItY Andrea C. Murphy Page 2 9. PROJECT DESCRIPTION: The project site is located at 1727 Canady Road, adjacent to Pages Creek, in New Hanover County. To locate the property from the Wilmington Regional Office (WiRO), travel north on Market Street (US Highway 17) for approximately 2.7 miles until you reach Middle Sound Loop Road. Turn right onto Middle Sound Loop Road and travel east approximately 2.0 miles past the travel circle located at Ogden Elementary School. Turn left on Mason Landing Road and travel approximately 0.2 miles just until it reaches Canady Road. Turn left onto Canady Road and continue until you reach the property of interest, which is accessed from a shared gravel driveway. The site is approximately 0.68 acres of highground area, which ranges from approximately 4' to 12' above normal high water (NHW). The applicant recently purchased the property and currently maintains a single-family residence. The adjacent properties in this area of the Middle Sound community are primarily residential; however, a commercial marina (Mason's Marina) is located a couple of properties to the east of the applicant's property. There is approximately 96' of shoreline on the site that overlooks Pages Creek, which is currently stabilized by vegetation. Existing high ground vegetation on this tract consists of grasses, ornamental landscaping and hardwoods including Oak. Waterward of the highground towards Pages Creek the vegetation on the property transitions to an area of vegetation consisting of mixed Coastal Wetlands and °Section 404 type" vegetation, which include: Wax Myrtle (Myrfca cerifera) and Salt Meadow Grass (Spartina patens). The vegetation transitions to an area, approximately 150' in width, consisting primarily of Smooth Cordgrass (Spartina altemiBora). There is currently no existing docking facility located at this property; however, the previous property owner (Spivey) obtained CAMA General Permit No. 63284-D on May 29, 2014 for an access pier, uncovered platform and floating dock adjacent to an existing access channel to Pages Creek. The adjacent riparian properties do maintain private docking facilities within the access channel. It should be noted that the previous owner (Spivey) authorized the previous adjacent riparian property owners to the west (Sifly) to cross the shared riparian corridor line to build the existing docking facility adjacent to this access channel to Pages Creek through CAMA General Permit No. 51932-D on January 22, 2008. Based on the location of the existing docking facilities a riparian corridor was created by the N.C. Division of Coastal Management (DCM), by establishing a pier head line and a riparian corridor from the adjacent existing docking facilities, which would allow the existing structures atthese docking facilities to continue to meet the 15' riparian corridor setback requirement. This was done through a riparian survey through the assistance of the applicant's surveyor. Based on historical aerial photography review and information provided in the application, dimensions of the existing access channel are approximately 365' in length by 60' in width with existing water depth of approximately 4@ normal low water (NLW). The existing access channel originates from the adjacent riparian property to the east currently owned by Mr. David Anderson, and extends in a northerly direction where it connects to the main channel of Pages Creek. The DCM was unable to locate previous State Permits for the excavation for the creation of the access channel, however, through conversations with Mr. Anderson the previous owner of his property (Corbett) had the basin and channel excavated in the 1970's. As stated, this is also evident through review of historical aerial photography (See Sheet 1 of 1 Dredge Template, Sheet 2 of 3 and Project Narrative). The City of Wilmington -New Hanover County Land Use 2006 Update Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Pages Creek are classified SA by the Division of Water Resources. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are Conditionally Approved -CLOSED to the harvest of shellfish by the N.C. Division of Environmental Health. PROPOSED PROJECT: The applicant requests authorization to perform maintenance excavation within an existing access channel and the construction of a private docking facility within Pages Creek. The applicant proposes to perform maintenance excavation within the existing access channel adjacent to the applicant's property, with dimensions of approximately 60' in length by 15' in width to a final project depth of -5.0' @ NLW, which would tie into connecting water depths of the access channel to Pages Creek. The material would be excavated mechanically by bucket -to -barge method, which would result in the removal of approximately 155 cubic yards (cy) of material. Excavated material would be placed on the barge for dewatering and then transported to an existing spoil island located to the north of the project site at the confluence of the AIWW and Nixon's Creek. RECEIVED DEC 19 20% DCM-MHD CITY Andrea C. Murphy Page 3 The proposed spoil location is a previously disturbed and privately owned spoil island consisting of approximately 4.83 acres. The application includes a letter of authorization from the owner to deposit the material at this spoil island. The application states that the spoil material would be deposited at a location that is void of wetland vegetation. The existing access to the spoil island may require the applicant to transport material within the existing U.S. Army Corps of Engineers (USACE) 1,000'AIWW Easement. The application also states that the applicant would like to include the dimensions of the entire existing access channel for future maintenance events when needed, aforementioned. The applications states a new access pier, measuring approximately by 215' in length by 6' in width would extend over the existing wetlands towards the access channel to Pages Creek. The pier would terminate into a covered fixed platform, measuring approximately 20' in length by 22' in width, which would be located over open water. An access ramp would lead onto a floating dock, measuring approximately 38' in length by 6 feet in width, which would run parallel with the access channel. Two (2) floating docks, each measuring approximately 20' in length by 5' in width would extend from the northern and southern most end of this floating dock, which would run perpendicular to the shoreline, creating a "U-shaped" docking configuration. Two (2) boatlifts, each measuring approximately 13' in length by 13' in width would be constructed inside this configuration. The application states the new docking facility would accommodates up to five (5) vessels at this location within proposed waterdepth of approximately -5' @ NLW once the maintenance excavation is accomplished (See Sheets 1 through 3 of 3 and Project Narrative). 10. ANTICIPATED IMPACTS: The proposed maintenance dredging would disturb approximately 900 sq. ft. of shallow bottom area, which appears to have been impacted previously. This would result in the removal of approximately 155 cy of material from the existing access channel. Based on historical aerial photography the channel has been in continual use since the early 1980's. The disposal of the spoil material would impact approximately 1,500 sq. ft. of highground, which would be located on a privately owned spoil site at the confluence of the AIWW and Nixon's Creek. The proposed elevated access pier would impact approximately 900 sq. ft. of coastal wetlands due to shading. The proposed docking facility would incorporate approximately 1,548 sq. ft. of Estuarine Waters and Pubic Trust Area and would not encroach into the adjacent 15' riparian corridor setback requirement, as established by the DCM. The proposed docking facility would extend approximately 85' into a waterbody, which measures approximately 350' across. This distance oonfomu to the 1/4 width rule and the established pier head line, per the riparian survey. The proposed new docking facility would accommodates up to five (5) vessels at this location within proposed water depth of approximately-5' @ NLW. Minor increases in turbidity should be expected during the dredging event; however no long term adverse impacts are anticipated. RECEIVED DEC 19 2014 DCM-MHD CITY Submitted by: Robb Mairs Date:12/16/2014 Office: Wilmington Z:El IED 20� F ECE de t-s c � it 2 cat fl Aso 0 v - ---- - __3o--- -3- % DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Andrea C. Murphy COUNTY: New Hanover PROJECT NAME: Murphy D&F and Docking Facility LOCATION OF PROJECT:1727 Canady Rd, adjacent to Pages Creek, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-5-14 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Robb Mairs % DISTRICT MANAGER REVIEW: R& 'p W B) DATE RECEIVED BY MAJOR PERMITS UNIT: _ PUBLIC NOTICE RECD: 12-19-14 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE:12-17-14 FEDERAL DUE DATE: DISTRICT OFFICE: WILMINGTON FEE REC'D: END OF NOTICE DATE: 1-9-15 DEED REC'D: ON: b1 150 DAY DEADLINE: STATE DUE DATE: 1-9-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 12-2 2 -1 K Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) t/ State Property Office--15 Division of Archives & History Division of Environmental Health iZ_gt_ty Division of Highways I- S'-15 ✓ Wildlife Resources Commission 14 _ ly^ ✓ RECEIVED Local Permit Office j - %- N S:::] :::71 DEC 19 2MA Division of Marine Fisheries / DCM 1- 6- 15 0 0.{?Nd1k(kl+S Corps of Engineers 3 -1(• , S ✓ Oi Y 2- ews �z-23- ►v A i;A' INCDE s North Carolina Department of Environment and Natw'I Pat McCrory' Governor December:.17, 20.14 MEMORANDUM: TO: Renee Gledhill -Early Dept. of Cultural Resources .Archives & History (ova- ' till;) John E. Skvarla. III Secretary �V ilk a FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review .._ IhJh Applicant: Andrea C. Murphy Project Location: 1727 Canady Rd., adjacent to Pules Creek, in VV mington, New Hanover Co. Proposed Project:10 perform maintenance exc-ronlion and to construct a private docking facility Please indidate beloW your agency's position or viewpoint on the proposed; project and return this form to Jonathan Nowell at the address above by January 9, 2015. If you have any questions regarding the proposed project, contact Robb r,.Inirs at (910) 7r5-742" when appropriate, in-depth comments -,with supporting data is requested. REPLY: This agency has no objecticn to the project as proposed. ___KThis,agency has no comment or the proposed pn ject. This agency approves of the project only if l,,e recommended changes are incorporated. See attaches This agency objects to the 1,;ojec-t foi reasons described in the attached comments. SIGNED "ATE_ 127 Cardird Drive'Exi., Wilmmgbrf. NG H405 Phone'.WY9n•7215ticAXc910,3g5.3°6d1n'a::1 ___ __.__ t _ I _.. M E9wY'KKv+lw+!, t Afl's rtn':mi Ac4'v� Evy:vret DEC, 222014 ')Ai DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: 9 January, 2015 Regulatory Division Action ID No. SAW-2014-02342 Ms. Andrea C. Murphy 1727 Canady Road Wilmington, North Carolina 28411 Dear Ms. Murphy: A review of your application/renewal request received by this office on December 18, 2014, for Department of the Army (DA) authorization to perform maintenance excavation and to construct a private docking facility in navigable waters of the United States, at 1727 Canady Road, adjacent to Pages Creek and Masonboro Sound, Williams Land subdivision, in Wilmington, New Hanover County, North Carolina, indicates it to be a candidate for Federal authorization pursuant to the CAMA-Corps Programmatic Permit process for construction activities that receive authorization from the State of North Carolina. Since the NC Division of Coastal Management has modified the State permit, the administrative processing of your application will be accomplished by this office. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State - Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the Federal permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the Rivers and Harbors Act, has been assigned Action ID No. SAW-2014-02342. RECEIVED JAN 2 0 2915 Coy -2- We will be coordinating your application with other Federal agencies. Please feel free to contact me at 910-251-4170. Sincerely, �/� 64 (J" Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Copy Furnished: Coastal Marine Construction Attn: Mr. Jimmy North 6314 Wrightsville Avenue Wilmington, North Carolina 28403 North Carolina Department of Environment and Natural Resources Attn: Mr. Robb Mairs 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JAN 2 0 2015 H�-01VADH s-H.y Howell, Jonathan From: Crumbley, Tyler SAW <Tyler.Crum bley@usace.army. mil> Sent: Friday, February 13, 2015 10:07 AM To: jimmymnorth@gmail.com Cc: Crumbley, Tyler SAW; Howell, Jonathan; Coburn, Chad Subject: FW: [EXTERNAL] Andrea Murphy 2014-02343, NMFS comments Attachments: AndreaMurphy_2013-01087_EFH_FINAL.pdf Jimmy, Please find the attached EFH comments from NMFS. We will need to respond with a satisfactory plan/revision within 30 days. Please feel free to call or email. Thanks. -Tyler Tyler Crumbley Project Manager U.S Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Phone:910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com -----Original Message ----- From: Robin Wiebler- NOAA Federal Imailto:robin.wiebler(o)noaa.aovl Sent: Friday, February 13, 2015 9:42 AM To: Crumbley, Tyler SAW; NC FWS Pete Benjamin; NC DCM Doug Huggett; NC DCM Shane Staples; NC EPA Todd Bowers; SAFMC Roger Pugliese; David Dale - NOAA Federal; Fritz Rohde - NOAA Federal; Sharon Rolfes - NOAA Federal Subject: [EXTERNAL] Andrea Murphy 2014-02343; NMFS comments Administrative Assistant Habitat Conservation Division Atlantic Branch PHONE: 843 762-8604 or I Howell, Jonathan From: Huggett, Doug Sent: Sunday, February 15, 2015 7:46 PM To: Howell, Jonathan Subject: FW: Andrea Murphy 2014-02343; NMFS comments Attachments: And reaMurphy_2013-01087_EFH_FINAL.pdf From: Robin Wiebler - NOAA Federal fmailto:robin.wiebler@noaa.govl Sent: Friday, February 13, 2015 9:42 AM To: NCCOE Tyler Crumbley; NC FWS Pete Benjamin; Huggett, Doug; Staples, Shane; NC EPA Todd Bowers; SAFMC Roger Pugliese; David Dale - NOAA Federal; Fritz Rohde - NOAA Federal; Sharon Rolfes - NOAA Federal Subject: Andrea Murphy 2014-02343; NMFS comments Administrative Assistant Habitat Conservation Division Atlantic Branch PHONE: 843 762-8604 Robin. W ieblerna,noaa. Rov �� UNITED STATES DEPARTMENT OF COMMERCE Q`a� " National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE % Southeast Regional Office 6�4ns 26313th Avenue South St. Petersburg, Florida 33701.5505 http:llsero.nmfs.noaa.gov February 13, 2015 F/SER47:FR/pw (Sent via Electronic Mail) Colonel Kevin P. Landers, Sr., Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Tyler Crumble Dear Colonel Landers: NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID No. SAW-2014-02343 dated January 14, 2015. Andrea Murphy proposes to construct a docking facility within an existing channel as well as conduct maintenance excavation in Pages Creek, New Hanover County. The Wilmington District's initial determination is the proposed project may adversely affect essential fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council (MAFMC), or NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the following comments and recommendations are provided pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Proposed Project The applicant proposes to perform maintenance excavation within an existing access channel and construction of a private docking facility within Pages Creek. The maintenance excavation would be 60 feet in length by 15 feet in width to a final project depth of-5.0 feet atNLW. The CAMA bio report states the existing water depth is approximately -4 feet NLW. A 215-foot pier would extend over the wetlands towards the access channel and would terminate into a covered fixed platform located over open water. An access ramp would lead to a 38-foot long floating dock with a 20-foot floating dock attached at each end, creating a "U-shaped" docking configuration. Two boatlifts would be constructed inside this configuration. The new docking facility could accommodate up to five vessels. Impacts to Essential Fish Habitat The excavation of the boat basin would disturb approximately 900 square feet of shallow bottom habitat, some of which appears to not have been previously impacted. SAFMC identifies shallow sub -tidal bottom in estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp. SAFMC identifies these areas as EFH because fish and shrimp concentrate in these �q4 w habitats for feeding and refuge and experience high growth and survival rates when located in these habitats. Lower Pages Creek is a state -designated Permanent Secondary Nursery Area, which makes it a Habitat Area of Particular Concern (HAPC) under SAFMC's EFH designations. HAPCs are subsets of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. NMFS reviews proposed impacts to HAPCs with much scrutiny. SAFMC provides detailed information on the EFH requirements of species it manages in fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region. The MAFMC designates tidal creeks and the estuarine waters as EFH for summer flounder and bluefish. Detailed information about the EFH requirements of species managed by MAFMC are included in separate amendments to individual fishery management plans and in technical reports prepared by the NMFS Northeast Fishery Science Center. Other species of commercial or recreational importance found in the project area include red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, Eastern oyster, and blue crab. A number of these species serve as prey for fish that are managed by SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by NMFS (e.g., billfishes and sharks). EFH Conservation Recommendations NMFS concludes the proposed dock construction and dredging would adversely impact EFH- HAPC. Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH conservation recommendations when an activity is expected to adversely impact EFH. Based on this requirement, NMFS provides the following: EFH Conservation Recommendations • The permit shall restrict dredging to the period of October I to March 31 to protect juvenile shrimp and finfish using the shallow water and intertidal areas. • The permit shall not authorize any dredging in the EFH-HAPC. The planned dock can be reconfigured to eliminate the need for dredging and water depths in the access channel are already -4 feet NLW. Section 305(b)(4)(B) of the Magnuson -Stevens Act and its implementing regulations at 50 CFR 600.920(k), requires the Wilmington District to provide a written response to the EFH recommendations within 30 days of receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" between NMFS and the Wilmington District, an interim response should be provided to NMFS. A detail response must then be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the Wilmington District's response is inconsistent with the EFH conservation recommendations, the District must provide a substantive discussion justifying the reasons for not following the recommendation. The detail response should be received by the NMFS at least ten days prior to final approval of the action. Thank you for the opportunity to provide these comments. Related questions or comments should be directed to the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 838-0828 / for cc: COE, Tyler.Crumbley@usace.army.mil USFWS, Pete_Benjamin@fws.gov NCDCM, Doug.Huggett@ncmail.net NCDCM, Shane. Staples@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net F/SER4, David.Dale@noaa.gov F/SER47, Fritz.Rohde@noaa.gov Sincerely, %Q V Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division Q o,q i3oZ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary December 17, 2014 4 T -7. MEMORANDUM: DEC' 7 2014 TO: Chad Coburn SY:___--------_--_—.__-- 401 Wetlands DWR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Andrea C. Murphy Project Location: 1727 Canady Rd., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to perform maintenance excavation and to construct a private 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 January 9, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. G C; lc } tV i' 4%-, /a.a l i5 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. SIGNEDDATE f)!—� 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastaimanagement.net RECEIVED JAN 28 2015 943m,MH9 GIN An Equal Opportunity `. AHirmi Action Employer &•IA►" NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory `y t Z t`i J} John E. Skvarla, III Governor Secretary December 17, 2014 MEMORANDUM: TO: Maria Dunn NCWRC WaRO / WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Andrea C. Murphy Project Location: 1727 Canady Rd., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to perform maintenance excavation and to construct a private 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 January 9, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. .R U VFD REPLY: This agency has no objection to the project as proposed. JAN 26 NI15 This agency has no comment on the proposed project. h06WA-hswm�.m This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE I- z z>t n7 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-39641nlernet: www.nccoastalmanaoemenLnet ��✓�c��'�ii An Equal Opportunity 1 Atfimiatwe Acton Employer MEW& NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary December 17, 2014 MEMORANDUM: ` ac-C 7 7 ZDt4 TO: Dan Sams District Manager DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Andrea C. Murphy Project Location: 1727 Canady Rd., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to perform maintenance excavation and to construct a private 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 January 9, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the. project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 12,111 %7� 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nocoastalmanagement.net An Equal Opportunity � Affirmative Action Employer QFA 'ECENEO JAN a4 2015 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 17, 2014 MEMORANDUM: TO: Christine Bouffard LPO New Hanover County John E. Skvarla, III Secretary FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Andrea C. Murphy Project Location: 1727 Canady Rd., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to perform maintenance excavation and to construct a private 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 January 9, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reas s described in the attached comments. SIGNED DAT 127 Cardinal Dive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net RECEIVED JAN 0 8 2015 DQNA-MHD CITY An Equal Opponuruty 1 Affirmative Action Employer MA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary ECEIVE December 17, 2014 DEC 17 2014 MEMORANDUM: BY:__— — TO: Georgette Scott Stormwater Section DEMLR - WiRO FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Andrea C. Murphy Project Location: 1727 Canady Rd., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to perform maintenance excavation and to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howeii at the address above by January 9, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 26.. I) ��l eC�F DATE [ Zh 4 �/C/ RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 JAN 0 9 zn Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaoement.net DCM-MHD CITY An Equal Opportunity', Affirmative Action Employer AMA ���_ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 17, 2014 MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office John E. Skvarla, III RECEIVED Secretary DEC 13 2014 DOA STATE PROPERTY OFFICE FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Andrea C. Murphy Project Location: 1727 Canady Rd., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to perform maintenance excavation and to construct a private 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 January 9, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: Tn* agency has no objection to the project as proposed. This agency has no comment on the proposed project. 5J�1 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�M t� nA DATE CT 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanagement,net RECEIVED 1AN 0 7 M fi�MN_k�nN i�+x An Equal Opportunity 1 Afinnabve Action Employer DISTRICT 3 0A. DEC 18 2014 NCDENR RECEIVED North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 17, 2014 MEMORANDUM: TO: Anthony Law NC DOT New Hanover County RECEIVED JAN 06 zz Nr� Aq'Agwh ,r MG John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Andrea C. Murphy Project Location: 1727 Canady Rd., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to perform maintenance excavation and to construct a private 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 January 9, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www,nccoastalmanagement.net An Equal Opportunity �AfiimaWe Action Employer s� A A r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary December 17, 2014 MEMORANDUM: TO: Shannon Jenkins INC DMF Shellfish Sanitation Section FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review RECEIVED Applicant: Andrea C. Murphy DEC 31 1014 plbW WWI" PITV Project Location: 1727 Canady Rd., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to perform maintenance excavation and to construct a private 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 January 9, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ror 5k4-v�v✓ SIGNED Te'r/fG,-s 6"4/j41643, DATE /)-/S—/`/ 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX'. 910-395-3964 Internet: www,nccoastalmanagement net An Equal Opportunity 1ARrmatYe Action Employer ��� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary December 17, 2014 L# @ Q p MEMORANDUM: Il u DEC 1 ) 1�e4 Division er R TO: Heidi Environmental Engineer W rRo pubof warlic weees Pce Public Water Supply FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Andrea C. Murphy Project Location: 1727 Canady Rd., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to perform maintenance excavation and to construct a private 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 January 9, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /l _(. DATE %2' j7 I l q RECEIVED DEC 8 3 2014 90?M-MHB CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Af nalrve Acbm Employer Recommendations for State Permit— Andrea C. Murohv 12/16/2014 The total square footage of platform and docks was calculated as follows: Shoreline length = 96' x 8 sq. ft. = 768 sq. ft. Proposed fixed platform (covered) = 20' x 16' = 320 sq. ft. (credit applied for access) Floating docks= 6' x 38' and 2 @ 5' x 20' = 380 sq. ft. Total = 748 sq. ft. The proposed excavation of the area within the existing basin/access channel to Pages Creek appears to be CONSISTENT with15 NCAC 07H.0208 (b)(1). Based on aerial photography, it is the opinion of this office that the area for the proposed maintenance excavation is located within an area historically used for docking and navigational purposes. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the rule, the eight square foot rule and the pierwidth rule. The proposed platform and docking structures would be located entirely overopen water. It is the staffs recommendation thatthe proposal to replace the existing marina is CONSISTENT with the Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. Any permit issued should include the following conditions: In order to protectjuvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in conjunction with the Division of Marine Fisheries. 2. Excavation will not exceed -5.0' below NLW within the access channel. 3. The temporary placement ordouble-handling of excavated orfill materials within waters orvegetated wetlands are notauthorized. 4. No excavated or fill material will be placed at anytime, in any marsh or surrounding waters and shall remain 10' from the substrate of the existing marsh. 5. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filtercloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. 6. All spoil material shall be placed at least 30' landward of mean high water. The disturbed areas will be properly graded and provided with ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 8. Spoil area must be inspected prior to beginning work by a DCM Representative. 9. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 10. The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plarRECEivED Continued recommended conditions on next page DEC 19 7014 11. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 12. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 13. A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. 14. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 15. Any development or land disturbing activity that is considered non -water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. 16. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 17. 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. 18. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the ''%4 width distance rule and the authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 19. 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. 20. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 21. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 22. This permit authorizes a maximum of five (5) boat slips. At no time shall more than five (5) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 23. 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. RECEIVED DEC 19 1014 L)CM•MHD CITY FCDENR North Carolina Department of Environment and Natural Resources Pat McCrory' Governor December 17, 2014 MEMORANDUM: TO: Shane Staples Fisheries Resource Specialist DCM - WaRO . John E. Skvarla, III RECEIVED Secretary DEC 20 2014 ucro-Frahenea VVARO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/ D&F Major Permit Application Review Applicant: Andrea C. Murphy. Project Location: 1727 Canady Rd., adjacent to Pages Creek, in Wilmington, New Hanover Co. Proposed Project: to perform maintenance excavation and to construct a private 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 January 9, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE /Z405 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796-72151 FAX: 910-3953964Internet: www.nccoastalmanaaementnet An Equal 0ppaWNty1A1irm MAcUon Employer UOENR North Carolina Department of Environment.and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Jonathan Howell, DCM Assistant Major Permit Coordinator FROM: . Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Andrea C Murphy.1727 Canady Rd Wilmington DATE: January 6, 2014 Donald R. van der Vaart Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to build an access pier and gazebo leading to a floating dock in an access channel in Pages Creek. To provide adequate water access to the floating dock the applicant also proposes dredging approximately 900ft' of creek bottom to a mean depth of -5ft at NLW to match the existing depth in the middle of the access channel. This part of Pages Creek is classified as secondary nursery area, by the Division of Marine Fisheries. However it does have similar characteristics and functions to the waters just upstream in Pages Creek that are classified as Primary Nursery Area (PNA), Due to the similarities in habitat type and its close proximity to' PNA I am requesting a turbidity curtain be used around the site during the.dredging operation to reduce possible' negative effects to surrounding areas. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: www.ncdenr.gov An Equal OpportunlyI f aalivaAclion Employer- Made in pad by remled paper . Howell, Jonathan From: Mairs, Robb L Sent: Tuesday, March 03, 2015 9:46 AM To: Howell, Jonathan Subject: FW: FW: FW: Follow Up Regarding Sunset/Southside Dock Association Fyi from Fritz. From: Fritz Rohde - NOAA Federal rmailto:fritz.rohde(alnoaa.aovl Sent: Tuesday, March 03, 2015 9:38 AM To: Mairs, Robb L Subject: Re: FW: FW: Follow Up Regarding Sunset/Southside Dock Association yes. thanks On Tue, Mar 3, 2015 at 8:11 AM, Mairs, Robb L <robb.mairs@,ncdenr.gov> wrote: Fyi. Does this clarify your question on the dock layout? Thanks, Robb From: Mairs, Robb L Sent: Tuesday, March 03, 2015 8:09 AM To: Howell, Jonathan Subject: FW: FW: Follow Up Regarding Sunset/Southside Dock Association Fyi on Sunset/Southside Dock Assoc. and Murphy. From: Jimmy North rmailto:iimmymnorth(olgmail.coml Sent: Tuesday, March 03, 2015 6:07 AM To: Mairs, Robb L Subject: Re: FW: Follow Up Regarding Sunset/Southside Dock Association To: Rob Mairs, The Andrea Murphy permit application shows a slip (#4) beside the floating dock. 1 I included this slip because she doesn't plan to install the boat lift immediately. So the slip would allow her to dock a small boat or jet ski at this spot until the lift is installed. Since this space is available for mooring she would not be in violation if someone temporally moored there small vessel here for short periods of time. Thanks, Jimmy North On Tue, Mar 3, 2015 at 5:38 AM, Jimmy North <jimmymnorth ,gmail.com> wrote: To: Rob Mairs Please put the Sunset Docks/ Southside Dock Association Permit on hold until I meet with Wrightsville Beach about this matter. Thanks, Jimmy North On Mon, Mar 2, 2015 at 1:30 PM, Mairs, Robb L <robb.mairs@ncdenr.eov> wrote: From: Howell, Jonathan Sent: Monday, March 02, 2015 1:29 PM To: Mairs, Robb L Subject: FW: Follow Up Regarding Sunset/Southside Dock Association From: Zach Steffey [mailto:zsteffeK(latowb.orol Sent: Monday, March 02, 2015 1:07 PM To: Howell, Jonathan Subject: Follow Up Regarding Sunset/Southside Dock Association Good Afternoon, We cannot approve the plans as proposed at the local level, as 13 slips are shown which would classify the docking facility as a Marina. The applicant would need to meet with the Town to discuss possible solutions. Thank you, Zach Steffey Howell, Jonathan From: Mairs, Robb L Sent: Tuesday, March 03, 2015 8:09 AM To: Howell, Jonathan Subject: FW: FW: Follow Up Regarding Sunset/Southside Dock Association Fyi on Sunset/Southside Dock Assoc. and Murphy. From: Jimmy North lmailto:jimmymnorthCalamail.coml Sent: Tuesday, March 03, 2015 6:07 AM To: Mairs, Robb L Subject: Re: FW: Follow Up Regarding Sunset/Southside Dock Association To: Rob Mairs, The Andrea Murphy permit application shows a slip (#4) beside the floating dock. I included this slip because she doesn't plan to install the boat lift immediately. So the slip would allow her to dock a small boat or jet ski at this spot until the lift is installed. Since this space is available for mooring she would not be in violation if someone temporally moored there small vessel here for short periods of time. Thanks, Jimmy North On Tue, Mar 3, 2015 at 5:38 AM, Jimmy North <iimmvmnorthna,gmail.com> wrote: To: Rob Mairs Please put the Sunset Docks/ Southside Dock Association Permit on hold until I meet with Wrightsville Beach about this matter. Thanks, Jimmy North On Mon, Mar 2, 2015 at 1:30 PM, Mairs, Robb L <robb.mairs@ncdenr.eov> wrote: From: Howell, Jonathan Sent: Monday, March 02, 2015 1:29 PM To: Mairs, Robb L Subject: FW: Follow Up Regarding Sunset/Southside Dock Association From: Zach Steffey rmailto:zsteffeysaltowb.orol Sent: Monday, March 02, 2015 1:07 PM To: Howell, Jonathan Subject: Follow Up Regarding Sunset/Southside Dock Association Good Afternoon, We cannot approve the plans as proposed at the local level, as 13 slips are shown which would classify the docking facility as a Marina. The applicant would need to meet with the Town to discuss possible solutions. Thank you, Zach Steffey Howell, Jonathan From: Crumbley, Tyler SAW <Tyler. Crumbley@usace.army. mil> Sent: Wednesday, January 14, 2015 10:46 AM To: Michael.A.Davis@uscg.mil; Huggett, Doug; kathryn_matthews@fws.gov; Leigh _Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; Tiffany.A.Johnson@uscg.mil; bowers.todd@epa.gov; evelynn.b.samms@uscg.mil; Wilson, Debra; Ellis, John; Fritz Rohde - NOAA Federal; Gledhill-earley, Renee; Horton, James T SAW; Howell, Jonathan; poden.p.pedrus@uscg.mil; john.r.walters@uscg.mil; Owens, Jennifer L SAW; Mairs, Robb L; Scott.D.McA]oon@uscg.mil; Derek.J.Burrill@uscg.mil; Coburn, Chad Cc: Crumbley, Tyler SAW Subject: SAW 2014-02342 / 1727 Canady Rd. / Pages Creek / Andrea Murphy / CAMA Major_GP291 Attachments: Andrea Murphy Dock and Excavation.kmz; CAMA Application and BioReport_1727 Canady Rd —Andrea Murphy.pdf; ePN_2014-02343_1727 Canady Rd —Andrea Murphy.pdf All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by February 13, 2015. The applicant proposes to construct a docking facility within an existing channel as well as conduct maintenance excavation. This project is located at 1727 Canady Road, adjacent to Pages Creek, in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.271566 N, 77.773464W. The proposed docking facility would incorporate an access pier (215' x 16% a covered platform (20' x 22% an access ramp (38' x 6') and two floating docks (each 20' x 5'). Two boatlifts (13' x 13') are also proposed. The project proposes to excavate 155 cy of material from a 14'x 60'shallow bottom area not previously excavated, but adjacent to a 60' maintained channel. Please see the attached field investigation report and the application for more detailed information concerning the proposed project. A copy of the applicant's permit application and plans are attached. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The proposed water depth in the location of the proposed basin is -4 ft relative to MLW. The project area is not designated as PNA. SAV is not expected to be present based on observation from aerial photography. The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines will be required as a condition of this proposed action. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact me if you have any questions. Please provide comments as soon as you can or by February 13, 2015. Tyler Crumbley Project Manager U.S Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: htto://regulatory.usacesurvey.com/" Howell, Jonathan From: Crumbley, Tyler SAW <Tyler. Crumbley@usace.army. mil> Sent: Wednesday, January 14, 2015 8:45 AM To: Howell, Jonathan; Mairs, Robb L Cc: Coburn, Chad; Crumbley, Tyler SAW Subject: SAW 2014-02342 / 1727 Canady Rd. / Pages Creek / Andrea Murphy Gentlemen, We have received the application for the project located at 1727 Canady Road, adjacent to Pages Creek, in Wilmington, New Hanover NC. After reading through this application several times, it appears that this project does not fit several of our GPs or NWPs and will need to go through the GP 291 process for construction of a new docking facility and maintenance excavation. We have assigned the project AID: SAW 2014-02342. Thank you. -Tyler Tyler Crumbley Project Manager U.S Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumbleyCa)usace.armv.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" ;j Howell, Jonathan From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Wednesday, March 11, 2015 12:30 PM To: Howell, Jonathan Subject: SAW 2014-02342 / 1727 Canady Rd. / Pages Creek / Andrea Murphy- Recommended conditions Jonathan, A hard copy of the recommended conditions below will be mailed to Doug today. Please note the correct AID is SAW- 2014-02342 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 http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 2. Dredging is only authorized between October 1 to March 31 to protect juvenile shrimp and finfish using the shallow water and intertidal areas. No new dredging is authorized. 3. Dredging is not authorized in the EFH-HAPC. 4. The permittee must install and maintain, at his or her 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 attached 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 docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 7. 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. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. 8. 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. 9. 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. 10. 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. 11. 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. 12. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water 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. 13. 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. 14. 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. 15. 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. 16. 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). 17. 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. 18. 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. 19. 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. Tyler Crumbley Project Manager U.S Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http:Hregulatory.usacesurvey.com/" 7012 3050 0000 0708 6243 § || || - 2R \ | R b } $ « # C)% . A� cl f `M 4,i 7012 3050 0000 0708 f \ 6236 a = / r; !m ^\ \ $ t & ! E \ !Ibll e� o of .I &i7 kA Ni North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director Natural Resources AGENT AUTHORIZATION FORM Date: Name of Pro-pIn/erty Owner Applying for Permit: Owner's Mailing Address: tit. c_ Phone Number f 4/0) 5a e/- /OD 3 John E. Skvarla, III Secretary Name of Authorized Agent for this project: ;Miry n�a�rZ Agent's Mailing I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install %oar construct the following (activity): For my property located at t) �q 7 CP ,W 0<r� This certdic tion is valid thru (date) RECEIVED DCM WILMINGTON, NC % 2y SEP 2 5 2014 Property Owner Signature Date 127 Cardinal Drive Ezl., Wilmington, NC 28405 PECENED Phone: 910-796-72151 FAX: 910395-3964 Inlemet. www.mmastalmanagement.nel DEC 19 2014 DCM-MHD CITY NCDM North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvada, III December 16, 2014 Secretary Mr. Jimmy North c/o Coastal Marine Construction 6314 Wrightsville Ave. Wilmington, North Carolina 28403 Dear Mr. North: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Ms. Andrea Murphy for State approval for the proposed development at property located at 1727 Canady Road, adjacent to Pages Creek/Middle Sound, in New Hanover County. It was received as complete on December 5, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 20, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 5, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Robb L. Mairs Field Representative Wilmington District Office N.C. Division of Coastal Management cc: Jonathan Howell, DCM Tyler Crumbley, USACE Christine Bouffard, NH Co. Andrea Murphy, Applicant RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, INC 28405 DEC 19 1014 Phone: 910-796-7215 1 FAX: 910-395-3964Internet www.nocoastalmanagement.net DCM-MHD CITY An Equal Opportunity \ Afirmative Action EM*W CAMA PERMIT APPLIED FOR PROJEApolicant propose to perform maintenance 21 adjacurd to Pages Creek hi MftIh7gton,, New Hanover County. COMMENTS ACCEPTED THROUGH ___✓anualy 9. 2015 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Jimmy North NC now of Coastal Management ° a Coastal arine ConstrEktlion,,o 127 Cardinal nr EY*pncinn 3 Wilmington, NC 2Ra0-9; 6314 Wrightsville Ave. o m ° m�ng on, 0 t Robb Mamm Field Reprecentative VVil910-796-7423 For: Andrea C. Murphy J� TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 •wxewfxwwxfwxwxawtwwxftxf�.tfffwwffwwfw...f......fffxfxfffxfff....x........... x.x... f..f..f...•.f.+fffefwefftxwx..fxf.+f Filed For Registration: 07101/2014 04.48:30 PM Book: RE 5824 Page- 33"37 Document No.- 2014016949 7 PGS $26.00 NC REAL ESTATE EXCISE TAX: $752.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2014016949* 2014016949 RECEIVED DCM WILMINGTON, NC SEP 2 3 2014 REC tD DEC 19 2014 DCM-MHD CI IY IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal, the day and year first above written. SHARON LYNN ZEMPTER State ofTEXAS f County of i(Q) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated- James Kenneth Spivey. LNA0?MKA7RnNE�ZYWitness my hand and Official Seal on this Date shown uyvmte 1 ` Date- Notarylc ,2� 1 Public -A II ry My Commission Expires- P dry jJ State of TEXAS County of hJCQ i I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated' Sharon Lynn Zempter Spivey_ NAONrAaTr+¢ Not ary PaUYe *VV� STATE OFTEXAS Witness my hand and Official Seal on this Date shownmyp. twovmta Date* Notary Public My Commission Expires b -;q • 14 RECEIVED DCM WILMINGTON, NC SEP232014 RECEIVED DEC 19 1014 DCM-MHD CITY IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal, the day and year first above written. (SEAL) THOMXS ALL E PIVEY State Countyy of I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Thomas Allen Spivey. Witness my hand and Official Seal on this Date shown. Notary Publi My Commission Expires: (0 I f� CINGY LANGSTON .J 'h Notary Public. Mate of Texas MY Cannusslon Expires i July T22016 Date. 66767,01q RECEIVED DEC 19 1014 rZE-CEIVED JCM WILMINGTON, NC SEP232014 DCM-MHD CITY IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal, the day and year first above written offs jatI1<a) -, (SEAL) LIND— A SPIVEY RODGERS State of North Carolina County of SLyJ 1L�✓ I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated Linda Spivey Rodgers. Witness my hand and Official Seal on this Date shown Notary Public My Commission Date: A z Z� LAB[ �{ i Py F C 00� Notary PUWIC New oHr�m verCEowr esrH CAR RECEIVED DEC 19 2014 DCM-MHD Cify RECEIVED DCM WILMINGTON, NC S E P 2 3 2014 IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal, the day and year first above written �v (SEAL) MISY SPI MILLE-Executnx of the Estate Of Ruby Floyd Miller (SEAL) TSY S MI R State of North Carolina County of N«t ndc✓ I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated Patsy Spivey Miller, Individually and as the Executrix of the Ruby Floyd Miller Estate. Witness my hand and Official Seal on this Date shown Date 6imc Z5 ZDII Notary Public "',%uumun1q My Commission Expires fi un Z Z�� ` yPCpoe , New WMotv�lOw County %My CO7 ice-' UP" 4 ;� -P I;ECEIVED DCM WILMINGTON, NC S E P 2 3 2014 RECEIVED DEC 19 1014 DCM-MHD CITY The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, femmme or neuter as required by context WITNESSETH The Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the County of New Hanover, State of North Carolina, and more particularly described as follows: BEING ALL of Lot 3 of Williams Land Subdivision, as the same is shown on a map recorded in Map Book 2, Page 121 of the New Hanover County Registry, reference to which is hereby made for a more particular description. Also being the same property described in that deed to James C. Spivey and wife, Ruby F. Spivey (both deceased) recorded July 2,1956 in Book 563, Page 262 of the aforementioned Registry. LESS AND EXCEPT that portion of Lot 3 of the Williams Land Subdivision conveyed to Linda S. Rodgers by deed recorded May 5, 1987 in Book 1373, Page 1781, aforementioned Registry. TOGETHER WITH that General Access and Utility Easement providing ingress, egress, regress and utilities access from the public road to this property as better described in Book 3669, Page 814, aforementioned Registry. The property hereinabove described was acquired by Grantor(s) through the Estate of Ruby Floyd Spivey, File No. 1411744 of New Hanover County Clerk of Court's Office 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 except for the exceptions hereinafter stated RECEIVED Title to the property heremabove described is subject to the following exceptions DEC 19 2014 (1) Ad valorem taxes for 2014 and subsequent years; (2) General utility service easements and rights of way of record, DCM-MHDCITY (3) Matters shown on maps recorded in the local County Registry; (4) Applicable local, county, state of federal government laws or regulations relative to environment, zoning, subdivision, occupancy, use or construction of the subject property, RECEIVED DCM WILMINGTON, NC SEP232014 U'u ,5 201 949 2014018949 iFOR REGiSTR"TION REGISTER OF DEED- NE LVERCOJEA LEY 2014 JlA 01 04.48 30 PM 8K.5824 PG 331-331 FEE,$26 00 IRV 122«1�9S Excise Tax $752 00 Parcel No..R04510-001-009-000 Delinquent taxes, if any, to be paid by Closing Attorney to the New Hanover County Tax Collector upon disbursement of closing proceeds This instrument was prepared by: Batley & Busby, PLLC - HAMPSTEAD OFFICE Return to- James S Price and Associates Brief description for Index: Lot 3 Williams Land Subdivision The attorney preparing this instrument has made no record search or title examination to the property hmm 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 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this the 24 day of June, 2014, by and between. PATSY SPIVEY MILLER, unmamed, Individually and as the Executrix of the Estate of RUBY FLOYD SPIVEY (Estate File No. 14E744) LINDA SPIVEY RODGERS, unmamed JAMES KENNETH SPIVEY and wife, SHARON LYNN ZEMPTER SPIVEY THOMAS ALLEN SPIVEY, unnamed MAILING ADDRESS- 1721 Canady Rd. Wilmington, NC 28411 "GRANTEE" ANDREA C. MURPHY MAILING ADDRESS- 1727 Canady Road Wilmington, NC 28411 RECEIVED DEC 19 2014 All or a portion of the property herein conveyed _ includes or _X_ does not include the primary residence off (E'M I V E D DCMnWILMINGTON, NC SEP 2 3 2014 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION[WAIVER FORM Name of Property Owner: Address of Property: `//l (Lot or Street #, Street or Road, City & County) �— Agent's Name #: �; ,1 y N j �—f L. Mailing Address: 6 3 /`( 4J r ;��tls //c V,) Agent's phone #: L'i/O-3/-S/� (� ij �� to.(' Igyy:3 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions must be provided with this letter. DA / I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wis to wai e t e setback, you must initial the appropriate blank below.) .,Tr3 r I do not wish to waive the 15' setback requirement. (Property Owner Information) Suture X H /l1o!Ir r_rr_t�Y� Print or Type Afbme kaL4_ C,I G,Ys :;Ile Nor Mailing Address (� City/State/Zip Telephone Number 10- '- Date (Ad* nt Prop rty 0 rnet In ornntion) i ture �rGn�nlr-Icr � , tM Print or Type Name RECEIVED rge.5/1 �JE//i n ,) DIr, DEC 3 0 2014 Mailing Address 0 DCM-MHD CITY �- ajo r it C• ��330 City/State/Zip glz1- Telephone Number RECEIVED DCM WILMINGTON, NC Date Revised 611"218 2014 i out ,T oT I io2'i c'an,ut�, UCoca C-lpx>6 ruQ!T a T ', e r an.)d d"Ici62- f I n� r f r I pad QO Q 14 3 & wi a CCC55 GL_ It U l _i ligo2ecl /0Dk /f 3Q dn -c-/< f-Ip_L e " S4e al ses uo nire�/ e �1'9_{ZC2_ 4%S__ 41 do GO A-74 i i Ui 4Y i�-0 N 42A2Cl V / 1_n-3`-��e—�_P_�M� eke NLO�C QOwr-e — to Nw)G e'er— 0 %f � e—�Le€��c� l _ RECENED DEC 19 2M RECEIVED DEC NGTON, NC DEC 0 5 2014, �a, �r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvada, III Secretary December 17, 2014 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Division of Coastal Management Major Public Notice: • David Flaugher • Andrea C. Murphy Kyle & Heather: Please publish the attached Notice in the Friday, December 19, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Assistance Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Crumbley - USACE Michele Walker- DCM RF,: E vED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910395-3964Internet: www.nocoastalmanagement.net DEC 19 1014 DCM-MHp CITY An Equal Oppodunlly, \ AfArmallve 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 in New Hanover County for development permits in Areas of Environmental Concern as designated under the CAMA. According to said applications, On December 4, 2014, David Flaugher proposed to construct a docking facility at 17 Bahama Dr., adjacent to Banks Channel, in Wrightsville Beach; and on December 5, 2014, Andrea C. Murphy proposed to perform maintenance excavation and construct a docking facility at 1727 Canady Rd, adjacent to Pages Creek, in Wilmington.. Copies of these applications may be examined or copied at the office of Tara Macpherson (Flaugher), or Robb Mairs (Murphy), N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7425) 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 January 9, 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 DEC 191014 ')CM-MHD Clry J, MAJOR PERMIT FEE SCHEDULE Andrea Murphy / $250 / New Hanover Co. DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does of involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does of involve the filling or excavation of any wetlands 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 General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 11I(C). If General Water Quality Certification No. 490 (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 1II(D). If General Water Quality Certification No. 90 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 open water areas: $475 60% $285 40% $190 RECEIVED DEC 19 7n'd DCM-MHD CITY DateCheck From (Name) Name of Permit 9/19/2014 Parker Construction Group LLC _' Parker _ 9/1912014 J & J Properties of Calabash 1 LLC Calabash Marina 9/19/2014 Seashore Realty Group, Inc. Heritage 1, LLC 9/22/2014 Land Management Group, Inc. Riverside Park Marina 9/22/2014 Howard and Janice Malpass same 912212014 Danford & Associates Land Surveying, PC Loder-Strickland 9/22/2014 AC & Emily Skinner_ AC SkinnaM 9/22/2014 A'N'A Builders, Inc. same 9/23/2014 Geoffrey & Stacy Alexander same 9/24/2014 same _CFPUA 9/24/2014 Overbeck Marine Construction Inc __ Whelan _ 9/24/2014 Coastal Marine Piers Bulkheads LLC ,A. Murphy Check I Vendor Number Check amount PermitNumber/Comments Bank of the Ozarks 74311 $250.00 major fee, 1 Auditorium Circle, WB Citizens South 1422 __ $100.00 MP 74-05_mnewal Coastal Bank & Trust 3959 $100.60 MP 64-06 mod. Request First Bank _ 44494 $475.00 major fee, Riverside Park Marina Wells Fargo 3787 _ $100.00 minor fee, Topsail Beach _ Wachovia 1793 $200.00 GP 64064D _ NewBank 8478 $100.renewal, MP 23 00 7Bridge TD Bank 6979 $100.00 minor fee, NTB, 205 Seashore _ Wells Fargo 2305 $400.00 major fee, BGCo.4302 E._Dolphin, OI B of 55808 $80000 Vio#14-17D _ _ SunTmst 4333 $100.00 mod. fee, MP 36-13 iWells Fargo _ _19810 $250.00 major fee, NHCo. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 26403-1343 RRPLYTO ATTMMON OF: March 12, 2015 Regulatory Division Action ID No. SAW-2014-02343 and State Permit No. 38-15 Ms. Andrea Murphy 1727 Canady Road Wilmington, North Carolina 28411 Dear Ms. Murphy: Reference your application for a Department of the Army permit to construct.a docking facility within an existing channel as well as conduct maintenance excavation. This project is located at 1727 Canady Road, adjacent to Pages Creek, in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees: 34.271566 N,-77.773464W. 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 conditions, and the approved revised plan (submitted to this office on 23 February, 2015). 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. RECEIVED MAR 16 2915 DCW-WMA 9" -2- Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Branch, telephone 910-251-4170. Sincerely. Tyler Cnunbley Regulatory Project Manager Enclosures: CAMA permit GP 291 conditions Copies Furnished (with enclosures): Mr. Jimmy North Coastal Marine Construction 6314 Wrightsville Avenue Wilmington, North Carolina 28411 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 Environment and Natural Resources RECENED 400 Commerce Avenue Morehead City, North Carolina 28557-3421 MAR 16 11"1 t(D—Wr I"rub -3- Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Resources 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. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgina 30303-8960 RECEIVED MAR 16 10b nr�•e-��en� fafd� DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARUNGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTEM70N OF: March 11, 2015 Regulatory Division Action ID No. SAW-2014-02343 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 Ms. Andrea C. Murphy to construct a docking facility within an existing channel as well as conduct maintenance excavation on an existing channel basin. This project is located at 1727 Canady Road, adjacent to Pages Creek, in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.271566 N, -77.773464W. 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: http://www.fws.2ov/nc-es/mammal/manatee guidelines.odf. 2. Dredging is only authorized between October Ito March 31 to protect juvenile shrimp and finfish using the shallow water and intertidal areas. No new dredging is authorized. 3. Dredging is not authorized in the EFH-HAPC. 4. The permittee must install and maintain, at his or her 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. RECEIVED MAR 16 1015 `f`Pwrwanw hlj�y -2- 5. All work authorized by this permit must be performed in strict compliance with the attached 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 docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 7. 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. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 8. 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. 9. 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. 10. 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. 11. 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. RECEIVED MAR 16 2ng DCM_MHD CITY ff9a 12. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water 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. 13. 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. 14. 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. 15. 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. 16. 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). 17. 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. 18. 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 MAR 18 ?n`� DCM-MHn CI7V -4- 19. 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 Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Sincerely, % ,f Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Copies Furnished: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 RECEIVED MAR 16 2015 DCAA-MHO CITY -5- 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 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3/Mr. Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED MAR 16 " DCM-MHO Cm r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 10, 2015 Andrea C. Murphy 1727 Canady Road Wilmington, NC 28411 Subject: EXEMPTION Stormwater Project No. SW8141219 Murphy Residence Dredging & Pier Project New Hanover County Dear Ms. Murphy: Donald van der Vaart Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on December 17, 2014. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. inc SJL. e rely, n , For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/ad: GAWQ1Shared\StonnwateAPermits & Projects12014 \141219 Exemption12015 03 permit 141219 cc: Jimmy North; Coastal Marine Construction New Hanover County Building Inspections Robb Mairs/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 RECEIVED MAR 19 2015 DCM-PrHO ,!TW ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: RECEIVED A. Signat X ❑ Agent ❑ Addressee B. ceived by (Printed Name) C. Date of Deliv 00 D. Is delivery address d ftnt from Rem 1? 13 Yes If YES, enter delivery aae�$s W: ❑ No D WWr��'''v(�FO Fcl � � TO/V 3. Service Type ❑ Certified Mair ❑ Prlodty, Mail Express'" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ Collect on Delivery DEC 10 ?014 4. Restricted Delivery? (Extra Fee) 2. Article Number �.0,�05p 0000 0708 (rransfer from service labs 6236 G PS Form 3811, July 2013 Domestic Return Receipt -- 0 Yes UNITED STATE S'0Ei/IC' First -Class Mail 14C 274 Postage & Fees Paid USPs 'CIS DEC ,111.4 111111 Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• tO0� �iMrai %5 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: pq-I Oe,.rsr NC gyp A. ❑ Agent B. Received by (Printed Name)I C. Date of Delivery D. Is delivery address different from hem 1? ❑ Yes If YES, enter deliverO%re 4elow: ❑ No 3. Service Type -'K ❑ Certified Mail' ❑ Priority Mail Express- ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 0150 0000 8725 7157 (transfer from service labep _ Ps Form 3811, July 2013 Domestic Return Receipt UNITED STATES POSTAL SERVICE _i•�r::i�::i . I I I I I USPS FPermit irst-Class G--1 p Poste & Fees Paid • Sender: Please print your name, address, and ZIP+4® in this box• MM7 ,� Q �03��7 hl✓'� `(Sul