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HomeMy WebLinkAbout2-15 Haley, EugenePermit Class Permit Number NEW 2-15 STATE OF NORTH[ CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Eugene Daley, 317 Bradley Creek Point Road, Wilmington, NC 28403 I'. + Authorizing development in New Hanover County at Bradley Creek 317 Bradley Creek Point Road Wilmington. as requested in the pemuttee's application dated 10/15/14, including the attached worknlan drawings (3) 1 of 3 dated received in the Morehead City Office on 11/6/14 and 2 -3 of 3 dated 10/15/14 This permit, issued on January55, 2015 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) Unless specifically altered herein, this permit authorizes the docks, piers, platforms and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Ls" ��:Xi,"L'��.r• �� �l.�a.sRnywl6,.� p C-Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Eugene Daley Permit #2-55• Page 2 of 3 ADDid'IONAL CONDITIONS 3) 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. 4) 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. 5) 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. 6) 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. 7) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 8). The roof of the covered platform shall not be designed for second story use. 9) This permit authorizes a maximum of (2) formalized boat slips in association with this docking facility. General 10) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 11) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. 12) 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. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. FEgeneHaley NOTE: :NOTE: NOTE: NOTE: a 0 ADDITIONAL CONDITIONS Permit 42-15 Page 3 of 3 This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 14-1159. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-02096. DCM Mr-1 APPLICATION for NnV U 6 2014 -- Mal"or Development Permit DCM-MHD CITY (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) NQw Appl" nt 1: First Name uG� N -e MI Last Name 0 A (---0— Applicant 2: First Name L1Z MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 3 1-2 (�vA0l C-R'2/C PO (B��oqx KcP Ciry WI �- StaI - L . ZIP ,Z!e Country v. S - A Phone No. 910 - �1- i5 x3 FAX No. Street Address (A different from above) City State 7- Email 2. Agent(Contractor Information Business Name Agent/ Contractor 1: First Name MI w Last Name Trues Agent/ Contractor 2: First Name MI Last Name Mailing Address y522 l� 12 qp< 00 , PO Box City r l c�► L�l' tDh S e 7 ZIP R88 � r Not W� ext.ext.FAO`X() 9/,Phon Phone No. 2 No. Contractor 8 Street Address (if different from above) AAA City State ZIP Email <Form continues on back> RECEIVED DCM WILMINGTON, NC OCT2 9 2014 252-808-2808 :. 1-888-4RCOAST :: www.nccoastaimanagernent.net Farm 4CM MP-1 (Page 2 of 4) RECEIVED APPLICATION for Nnv 0 8 2014 Major Development Permit 3. Project Location County (can be multiple) W 0 6NO U_C'� Street Address 31 fR C-0 State Rd. N Subdivis'on Name g��oc e C-e Pi Ciry GvLM i / Pik S to X� Zip a ifgY Phone No. Lot No.(s) (d many, attach additional page with list) ext. , a. In which NC river basin is the project located? L C eeK b. Name of body of water nearest to proposed project l 01 La c. Is the water body identified in (b) above, natural or manmade? I1latural []Manmade[]UnknownG1)2e d. Name the closest major water body to the proposed project site. llllg &kd e. Is p,�r�o/pgsed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limittheproposed &'es ❑No work falls within. Gil 'L * k N , 4. Site Description a. Total length of shoreline on the tract (ft.) 160 ' b. Size of entire tract (sq..) 3g Zf O ; 9�S col a g c. Size of individual lot(s) d. Approximate elevation of tra-ctabove NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) t! Q RPKW or ❑NWL e. Vegetation on tract Cep 9-L G>r2%�L��S' I. Man-made features and uses now on tract g. Identify and describe the existing land uses adiacent to the proposed project site. h. How does local gov mment zone the tract? I. Is the proposed project consistent with the applicable zoning? A/)`1 L_ (Attach zoning compliance certificate, if applicable) JO'�as ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes RUD—. k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes []NO If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes []No QIX National Register listed or eligible property? <Form continues on next page> 9 RECEIVED DCM WILMINGTON, NC OCT 222014 252-808-2808 .. 11-888.4RCOAST .. www.nccoastaimanagement.net Form DPM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? es []No RECEIVED (ii) Are there coastal wetlands on the site? V LyYes []No Nnu 0 6 2014 (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes Pilo DCM-MHD CITY (Attach documentation, if available) n. Describe existing wastewater treatment facilities. CFPVA o. Describe existing drinking water supply source. ^ 14 16rJ p. Describe existing stone water management or treatment systems. / 5. Activities and Impacts a. Will the project be for commercial, public, or private use? mercial ❑Public/Government ete/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Pt � P-Kr j R- L Q��C, MS Pic t �i!y c. Describe the proposed construction methodology, types of oonstruu1ion equipment to be use during oonst io the rLymber of each type of equipment and where it is to be stored. (� ��nn*ee N W MOrGQ IZIO1) W R. W �V Ar d. List all development activitigs you ro e() MP P It-2-S' - d lfl. I WAOUwr I GQek c)-V. ZX6 a. "2Y B Pl� 16x1(0 uet xl(., --rL0'/'Yt I'm I 10d'cK e. Are the proposed activities maintenance of an existing project, new work, or both? N.ew WOC< f. What is the approximate total disturbed land area resulting from the proposed project? N 4 ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes gjb6 ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. A/4 I. Will wastewater or stonnwater be discharged into a wetland? []Yes ffNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ONo ❑NA j. Is there any mitigation proposed? Oyes o ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NC OCT 2 2 2014 252.808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net RECEIVED Form DCM MP-1 (Page 4 of 4) APPLICATION for Nny 0 6 2014 Major Development Permit DCM-MHD CITY 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items beki . a. A project narrative. b. An accurate, dated work pkUincluding plan view and cross -sectional awings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously a orized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name 5 72 � Q C/ I Ff Phone No. Address e3 I \ f!�, R A D L CV C—R 4:=)K PT r J Name ✓ 0_tl ji, I P k- S I U Phone No. Address n O C ? , �J Name K I Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. I. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by pmpery owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 1 ��1� —I Print Name RM2s wt Aou-QS Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCIM MP-3 Upland Development [RffCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC OCT 222014 252-808-2808 :: 1.888-ARCOAST :: www. n coca st a l me na game nt. net RECEIVED Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Nnv 0 6 2014 DCM-MHD CITY Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS Oi- is section not applicable a. (i) Is the docking facility/marina. b. (i) Will the faacilitt be open to the general public? ❑Commercial ❑Public/Government rivate/Community ❑Yes 11dNo c. (i) Dock(s) and/or 4ier(s) d. (i) Are Finger Piers included? []Yes ,eNo (ii) Number ! - If yes: (iii) Length (ii) Number (iv) Width (iii) Length � (v) Floating []Yesof o (iv) Width (v) Floating []Yes❑No e. (i) Are Platforms included? B es []No f. Br (i) Are Boatlifts included? ❑Yes ZNo If yes: If yes: (ii) Number —� (ii) Number (iii) Length lo (iii) Length (iv) Width (iv) Width (v) Floating LSTeFs []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. Z ❑Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel-"tAJO" iDpen water; no dredging required []Other; please describe: k. Typical boat length: I. (i) Will the faci�lliy be open to the general public? []Yes ZNo m. (i) Will the facility have tie pilings? ❑Yes j2ho RECEIVED (ii) If yes number of tie pilings? DCM WILMINGTON, NC OCT 222014 252-808-2808 :: 1-8684RCOAST :: www.nccoastaimanaggment.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 / RECEIVED ❑ Toilets for patrons; Number: _; Location: / !!! Nnu 0 a 2014 b. ❑ Showers ❑ Boalholding tank pumpout; Give type and location: Describe treatment Type and disposal location for all sanitary wastewater. / DCM-MHD CITY / C. Describe the disposal of solid waste, fish offal and trash.. % d. How will overboard discharge of sewage from boats be controlled? / e. (i) Give the location and number of "No Sewage Discharge" signs proposed. / (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? / h. I. Give the number of channel markers and "No Wake" signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin Flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED DCM WILMINGTON, NC m. Is t m annaldocking facility proposed within a primary or secondary nursery area? ?es ❑No OCT 2 2 Z014 252-808.2808 n 1-888-4RCOAST a www.nccoastalmanagement.net revised: 12/27/06 Form 6CM MP-4 (Structures, Page 3 of 4) RECEIVED n. Is the marina/ cking facility proposed within or adjacent to any shellfish harvesting area? hir l U 6 2014 ❑Yes 5rNo !JCM-MHD CITY o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (S8), or other wetlan— None _ p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) P'ITfhis section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community. (ii) Number (iii) Length .` (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) WlThis section not applicable --------- --------- a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable a_ Length b. Average distance from NHW, NWi , or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS his section not applicable a. Is the structure(s): ❑Commercial ❑Public(Government ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing IJ Id . Number d. Description of buoy (color, inscription, size, anchor, etc.) OCT 2 2 Z014 252-808.2808 :: 1-888.4RCOAST :: wvvw.nccoastalmanagementnet revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Note: For buoy or mooring piling, use arc of swing including length of vessel. - c. Width of water body -- - e. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. - // d. Water depth at walerward end of structure at NLW or NWL NLLu —2 N14w 3z 8. OTHER ❑This section not applicable. a. Give complete description: l tU-IS�tu Date N Project Name �- Q No- Applicant Name Applican Signatk e RECEIVED Nnv 0 6 2014 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC uL,1222014 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 RECEIVED U`w \ \ \, N \ 1 a� S JMPAAY 4 RIFARLAIj SU1NLY \ W l lkh4 M roiGs 4AR 7arL1a�7iP, rIaw �a.do%t coJN7Y 11=! CANoUMA rtnma¢ wa ♦nova unu 0 6 2014 DCM-MHD CITY T" RiyNTs LNG 'J • VED DCM W EM NIGTON, NC OCT 222014 SLlf-fi I13 %&LL i B. PARK WliertnoLeY w�1+1 iNyroN, N.C.NC. pecvi&ftos ",#*— North Carolina Department of Environmental Quality Pat McCrory Governor October 13, 2015 Rand B. Nickerson 317 Bradley Creek Point Rd. Wilmington, N.C. 28403 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, y I/ A Douglas V. Hugge Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-2473330 Internet: www.nccoastalmanagement.net An Equal Opportunity IAiprmative Action Employer — Made in part by recycled paper APPLICATION for REeEHIEB hs$° NOV 0 6 2014 M810r Development Permit DCM-MHD CITY (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT rrc +�.. . r�. b`"in ^. �. 1 SY.tt�'.NT`i�4A � rt�•!n n. �v{' �k l.� agifi$v i�.f,.. 1.\ �{k.N� •�ifi.r�+� 'Fd� rf.f\ M {. +I ��t�ai 4LrAi e. t�:� l t.Y,YfeQ Vs>FM 'Y _! `r is4 Business Name ProjectAAN��ame (if applicable) Appli ant 1: First Name MI Last Name - - u�.e Applicant 2: Firs[Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address L C��rC PO x pw City WI L Stat 7J _ L , ZIP Country Phone No. FAX No. - Street Address (rf different from above) City State ZIP Email ti `f W a a v l� 7 V 4 P 'n •. >~ F i k r a , Z iAyeritlGontrac�ortrformafion Business Name Agent/ Contractor 1: First Name MI Last Name - w TOP�T Agent/ Contractor 2: Frst Name MI Last Name Mailing Address �, y72L 0-e�f" 'yn' J/�( f/" PO Box. city r L�%(�rr�a ��� St/a�te/ Xl-e ZIP No 1 ��v ext. 91 Phone No. 2 ext. FAO`X() No. Contractor # Street Address (if citerentfrom above) City State ZIP Email <Form continues on back> DCM RECEIVED TON, NC OCT 9, 9 2014 252-808-2e08 :: 1-888-411COAST :: www. nccoa stalmanagement. net =- Form QCM MP-1 (Page 2 of 4) , RECEIVED APPLICATION for Nnv 0 6 2014 Major Development Permit Pro�ect,Locahon ,' .County (can be multlple) Street Address State Rd. # Subdivis'on Name g� City St to Ziap exw g Phone No. - Lot No.(s) many, attach additional page with list) ext. „-- , , a. In which NO river basin Is the project located? b. Name of body of water nearest to proposed project L C e K � Cv c. Is �the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. MNatural ❑Manmade ❑Unknown—��/i�/ e. Is prop sed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. es ❑No �.LAl ,/ �',C a. Total length of shoreline on the tract (ft.) b. Size of e9n,ti�re�trIact 160 c. Size of individual lot(s) d. Approximate eleva ion of tra'GTabove NHW (normal high water) or NWL(normalwaterlevel) (if man; lot sizes, please attach additionalpagewith alist) `O l PdWor❑NWL e. Vegetation on tract Zsl��vtll n 5 C)4`� T&z? f. Man-made features and uses now on tract /J g. Identify and describe the existing land uses adiacent to the proposed project site. h. How does local gov mment zone the tract? i. Is the proposed project consistent with the applicable zoning? D ' n (Attach zoning compliance certificate, if applicable) [Z�es ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ❑a Now k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No ON< - If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does h involve a []Yes []No UNAA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC 252-808.2$06 :: 1.88 .: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? 5Tes []No RECEIVED (ii) Are there coastal wetlands on the site? - es ❑No - NOV 0 6 2014 (iii) If yes to either (i) or (ii) above, has a delineation been conducted? [-]Yes ;Xo DCM-MHD CITY (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. S glVi�lPriS nil"ilti ?`?'�'r;-k,..H,.� wau'r -.. vts a, Will the project be for commercial, public, or private use? ❑C mercial ❑PublicfGovernment Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. c. Describe the proposed construction methodology, types of�cAo�nstrequipment to be use during consttio the n mber of each type rny���u ion of equipment and where it is to be stored. UJOW (3 "0 NdU NAQMGR ' Q� W /3j2K �UJ�4�' pow 7'� q 0 - -8) N i LD w Vie-' f=PoAk 4-- Die � /"TPr?f k T o '512;� UlucwAy ) !Fyolp t6 "�c -)T6W w LQA.(L us-0- d. List all development activities you propose. fo MloP IDS -Vd s t .1 M WAn.e,I f aaek C)-v-Q-L u6 G .2X gd e. Are the proposed activities maintenance of an existing project, new work, or both? N-ew wog< f. What is the approximate total disturbed land area resulting from the proposed project? A 4 ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes MP46 []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. (' /J 1. Will wastewater or stormwater be discharged into a wetland? []Yes NZ�o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes JgNo ❑NA j. Is there any mitigation proposed? []Yes o ❑NA If yes, attach a mitigation proposal. RECEIVED DCM WILMINGTON, NIC <Form continues on back> OCT 222014 252-808-2808 :: 1-888-ARCOAC� T :: www,nccoastalmanagement.not RECEIVED Form DCM MP-1 (Page 4 of 4) APPLICATION for Nimi 0 6 2014 Major Development Permit DCM-MHD CITY 6 �/Idd�t£oria/tnformation < L s i r � 4 r t g T *d� "' �` �ln��d�lonn(�)IrjscomP(ete�l�pPlka6,Pn fo(fnJ'(MP. �J ilio lollowmg rfemYs beloFFv� �epptloab(y musfGe su pmYRed ffa ordgrlfl�ihe ep�7(c�sionr, rq pad(r§gatobeComple(e Items(a), (tJarea(Why$3�,pi(Cabla)gany'r{ra/gGdeverdpr...... pplicaHan Please consr`yhtlraappffcaflort v).,� msfruct/on+.-bodKleteis"tinYo�roPedyprepare'iheTe�ulred�elns befo it+ a. A project narrative. b. An accurate, dated work pIRtJincluding plan view and cross -sectional swings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously out orized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. ,N e_ n`A,`v� ' ���rv� �y� s s, + v} t r ��r° �' '?,Phone PlO g¢q •� y Name nn' Phone No. Address r')'� 1 t� �t)- L> 7i R� 7 1 i' �hSs�` {� ,q )i se, , .sus, a •tT •, ,� tyr ip� �. i titi,Addfe 1 ,t fix � , ym3' s uc m tl+` A� ��'" +lic c �E�t s r l i av yS eU h, ,•yu�1 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiHee, and issuing dates. h. Signed consultant or agent authorization forth, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project involves expenditure of public; funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date `-'I q Print Name J Pw pr \&. Jo ves, Signature Please indicate application attachments pertaining to your proposed project. []DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts ❑DW MP-3 Upland Development CM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC . OCT 2 2 2014 252-808-2808 :: 1-868-4RCIDAB'+ :: www.nceoastalmanagement.net RECEIVED Foirm 0CM MP-4 NOV 0 c 2014 DCM-MHD CITY (Construction within Public Trust agree$) 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. a. (i) Is the docking facility/marina: - b. (1) Will the facilit. be open to the general public? []Commercial❑Publie/Government rivate/Community ❑Yes o c. (i) Dock(s) and/or piers) d. (!)Are Finger Piers included? ❑Yes )�JrNo (ii) Number } If yes: (iii) Length ��i0� (ii) Number (iv) Width (O (iii) Length _ (v) Floating []Yes EKO (iv) Width - - (v) Floating []Yes []No e. (i) Are Platforms included? E es []No f. (i) Are Boatlifts included? ❑Yes XNo If yes: f If yes: - (ii) Number r , (ii) Number (iii) Length `iP� (iii) Length IN) Width 4' (iv) Width (v)Floating Bles ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. v .. El Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service Dockage, fuel, and marine supplies ❑'Dockage ('Wet slipsl only, number of slips: ' ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: I. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel 4AJA BO (T I irpen water; no dredging required ❑Other; please describe: k. Typical boat length: I. (1) Will the facilit be open to the general public? ❑Yes ANo m. (i) Will the facility have tie pilings? ❑Yes Zo RECEIVED (ii)Ifyes number offie pilings? DCMWILMINGTON,NC OCT 22 2014 252-80a2808 ::1-ses-4RCOAsT :: www.nccoastaimanaaement.net re„ised:12/2aros Form BCM MP-4 (Structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in the proposed project. ❑lOffice Toilets RECEIVED ❑ Toilets for patrons; Number: _; Location: ❑ Showers / DCM-MHD CITY ❑ Boatholding tank pumpouf; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. . Describe the disposal of solid waste, fish offal and trash.. d. How will overboard discharge of sewage from boats be controlled? / - / i e. (i) Give the location and number of "No Sewage Discharge" signs proposed. - I (ii) Give the location and number of "Pumpout Available" signs proposed. I i i I I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. 1 i g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. i j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? M. Is t marinaldocking facility proposed within a primary or secondary es []No RECEIVED DCM WILMINGTON, NC / OCT 2 21014 252-808-2808:: 1-888.4RCOAST:: WWW.necoastaimanaciement.net revised: 12/27/06 FOrM 6CM Mot'-4 (Structures, Page 3 of 4) RECEIVED n. Is the marina/ cking facility proposed within or adjacent to any shellfish harvesting area? Am 0 6 2014 ❑Yes No - uCAn-MHD CITY o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands f(WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ P ❑SB p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.' ❑Commercial ❑PubliclGovernment ❑Private/Community. - - (ii) Number / - (iii) Length (/ (iv) Width Note, Roofed areas are calculated from dripline dimensions. a. (i) Number (ii) Length / (HI)Width l/ a. Length c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, ffprese e. Arc of the swing . b. Average distance from NHW, NWC,, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 72 - .,.HIM . 7C OCT 2 2014 252-808.2808 :: 1-888.481COASi :: www.nccoastalmanagement.net _ revised: 12/27/06 Form 0CM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Note: For buoy or mooring piling, use am of swing including length ofvessel. ------c.--Width-ofwater -bod --- e. (i) Will navigational aids be required as a result of the project? ❑Yes [-]No ❑NA (ii) If yes, explain what type and how they will be implemented. a. Give complete description: b. Proximity of structure(s) to adjacent docking facilities. — 1 252.808-2808 :: 1.8884RCOAST :: www.nccoastatmananement.net Water depth at walerward end of structure at-NLW or NWL-----.--- N c w -2. -3z . RECEIVED 11 Nnv 0 6 2014 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC ut �� 2014 revised: 12/27/06 I BaJgDAKY 4 KIPAR" SURVEY WI G v F IS 'o "I �70114s�ll �AR P. NIEW OAK104K LWTY 4-1-r4 cA�UWA too., 200. Sao GsA me scmz ---Beer RECEIVED. ,Kin%l 0 6 2014 DCM-MHD CITY T. j Uj lil �A 4111 ' RECVED Dem WILMINEIGTON, NC OCT 222014 alef 113 C2 %4ILLIAM U. FAMIS S17 B ML�Y CREEK Pr. wlu4lr4c'To"' N.C. REBENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 5, 2015 Eugene Haley 317 Bradley Creek Point Rd. Wilmington, N.C. 28403 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 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 youcomplete 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,, A--Ve, v.yq� B!if N Douglas V. Huggett 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 DCM Coordinator: /iatt 4,C, L Permit #• Z - /J MAILING DISTRIBUTION SHEET Agents: DCM Field Offices Elizabeth City Morehead City Washin ton s f mingto US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: NC DOT: Shellfish Sanitation: State Property: (with revised work plan drawings) Raleigh and Ty Crumb a �---- Renee Gledhill -Early or (e ' onmental.review@ncdcr.gov) J. Williams_ WIRO oey ute (WARD) en Pace �-- atti Fowler m Walt Water Resources: (Ralei� John Hennessy (NC DOT) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis - 401 obCurn 401 motor nwater Wildlife Resources: LPO: Fax Distribution: Maria Dunn (WARD) Permitee Agent #:_ lk RECEIVED NOV 0 6 2014 WMFAt 00 DC RECEI.VEEL. WWRLAMIRGTON, Ni - ----- ICT -2 TM14- - R DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT RECEIVED Nnv 0 6 2014 APPLICANT'S NAME: Eugene Haley c/o Jimmy Jones 2. LOCATION OF PROJECT SITE: 317 Bradley Creek Point Road, in Wilmington, New Hanover County Photo Index -2006: 22-7423, H-I, 5-6 2000: 22-272, H-J, 4-5 1995: 22-254, H-J, 5-6 State Plane Coordinates - Y:170050 X:2356211 GPS File: N/A Lat: 34112'37.11 "N Long:77°49'18.49"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/18/2014 Was Applicant Present — Yes (and agent) 5. PROCESSING PROCEDURE: Application Received — Completed 10/22/2014 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — New Hanover County Land Classification From LUP — Developed (residential)/Conservation (B) AEC(s) Involved: CW, PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal Planned - None (F) Type of Structures: Existing — Single-family residence Planned — New private docking facility DCM-MHD CITY (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Shading) 3,000 sq. ft. (B) Non -Vegetated Wetlands Open Water 648 sq. ft. (C) Other —Upland (D) Total Area Disturbed: 3,648 sq. ft. (0.083 acres) (E) Primary Nursery Area: No (Permanent Secondary) (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a private docking facility within Bradley Creek. Eug ne Haley Page Two RECEIVED Nnv 0 6 21114 9. PROJECT DESCRIPTION DCM-MHD CITY The applicant's property is located at 317 Bradley Creek Point Drive, in Wilmington, New Hanover County. To locate the property from the Wilmington Regional Office (WiRO), take Eastwood Road and travel east towards Wrightsville Beach approximately 2.0 miles. Turn right onto Military Cut -Off Road and travel south approximately 0.5 miles until you reach Aidie Road. Turn left onto Aidie Road and travel approximately 0.7 miles east until you reach Bradley Creek Point Road. Turn rightonto Bradley Creek Point Road and continue until the road forks. Turn left at the fork and continue until you reach the property of interest, which will be located on the left. The property is approximately 0.94 acres and is currently developed with a two story single-family residence, which borders the confluence of the AIWW and the northern side of Bradley Creek, in Greenville Sound. The subject property is bordered by residential properties to the north and south. Vegetation on the site consists primarily of maintained lawn grass and ornamental landscaping. The property ranges in elevation from 5'-10' above normal high water (NHW) with approximately 160 linear feet of shoreline. There is a narrow band of section "404" type wetlands located on the waterward side of the property, which consists of Wax Myrtle (Myrica cedfera), Marsh Pennywort (Hydrocotyle umbellate), and Groundsel Bush (Baccharis angustifolia). Coastal Wetland species Jocated adjacent to the property include, but are not limited to: Black Needle Rush (Juncus roemarianus), Sea Lavender (Limonium, spp.), Salt Meadow Grass (Spadina patens) and Smooth Cordgrass (Spartina aftemiflora) in an area approximately 400' in width. The applicant currently does not maintain a private docking, however, the previous property owner (W. Faris) submitted a CAMA Major Permit application in 1997 for the construction of a private pier, which included a new boat basin and access channel towards the AIWW. Based on the file review, it was indicated by the N.C. Division of Coastal Management that the new dredging component of the application was subject to the N.C. State Environmental Policy Act (SEPA), which it appears was not completed. The application did include riparian lines for the proposed docking facility in relation to the adjacent riparian owners, which currently maintain private docking facilities. The waters of Bradley Creek, which are located adjacent to the property, are classified as SC by the Division of Water Quality. This area is NOT designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and according to maps provided by the Shellfish Sanitation Section, the area is CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant proposes to construct a private docking facility within Bradley Creek. A new access pier, measuring approximately 540' in length by 6' in width would extenttowards the eastjust north of the confluence of Bradley Creek and the AIWW, and just north of the existing docking facility to the south. The pier would terminate onto a fixed covered platform, measuring approximately 16' in length by 16' in width, oriented towards the south creating an "L-shaped" configuration. An access ramp would then lead onto new floating dock, measuring approximately 16' in length by 6' in width, which would run parallel to the shoreline along the southern side of the proposed platform. The application states that the proposed docking facility would accommodate up to two(2) small type vessels within water depths ranging from approximately -2' to 4 @ normal low water (NLW) (See Sheets 1 through 3 of 3 and project narrative). 10. ANTICIPATED IMPACTS The proposed access pier would shade approximately 3,000 sq. ft. of Coastal Wetlands, consisting primarily of Smooth Cordgrass (Spadina aftemiflora). The remaining proposed fixed pier, covered platform and floating dock would incorporate approximately 648 sq. ft. of Estuarine Waters and Pubic TrustArea. The proposed platform and floating docks would be located within the applicant's riparian access area and would not encroach into the adjacent 15' Riparian Corridor Setback requirement. As stated, the riparian lines were established using in the same lines in the 1997 Faris CAMA Major Permit application. The structures would extend approximately 80' into a waterbody, which measures approximately 330' across. This distance conforms to the 1l4 width rule. Based on the provided drawings, the proposed structures would not encroach into the 80'setbadkfrom the AIWW federal channel. The proposed structures would accommodate up to two (2) vessels at this location within current water depths ranging from approximately -2' to 4 @ NLW. Submitted by: Robb L. Mairs Date: November 3, 2014 Office: Wilmington Y DIVISION OF COASTAL MANAGEMENT 1 APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED 1) APPLICANT: Eugene F7adky 'tt44- , COUNTY: New Hanover NNV 0 6 1014 PROJECT NAME: Hadley Private Docking Facility DCM-MHD CITY LOCATION OF PROJECT: 317 Bradley Creek Point Road, adjacent to Bradley Creek, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD:10-22-14 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Mairs DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: D -.iC- . p,`L — B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: 250 PUBLIC NOTICE RECD: 11-6-14 END OF NOTICE DATE: 11-27-14 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED O: C) 75 DAY DEADLINE: MAIL OUT DATE:11-4-14 FEDERAL DUE DATE: DEED CD: ON: 1 150 DAY DEADLINE: STATE DUE DATE: 11-27-14 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT AG Coastal Management - Coastal Management - Division of Communit, Land Quality Section C. Division of Water Rest Storm Water Managen State Property Office Division of Archives & Division of Environme Division of Highways Wildlife Resources Co Local Permit Office Division of Marine Fis Corps of Engineers 1 t- V i -t NCDENR: North Carolina Department: of Environment.and NaturaLResources Pat'McCrory Governor: November 4,, 2014. Division of Coastal Manaciement MEMORANDUM: TO: Mark Zeigler WHO Division of Community Assistance Johr1 E.;SkVarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant -Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courler 11-12-99) SUBJECT: CAMA Appiication'Review Applicant: . Eugene Hadley Project Location: 017 Bradley Creek Pt. Rd., adjacent to Bradley Creek, in Wilmington, NH Co Proposed Project: Construction of private docking'facility Please indicate below your agency's position or viewpoint the proposed project, and return thisform to Jonathan Howell at the address above by November 27; 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (9.10)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 agencyapproves; of the project only if the recom mended. changes. :are, incorporated. See attached. This agency objects to -the project for reasons described in the -attached comments. SIGNED '' `' f C !^1�i �� DATE N.C. Division of Coastal Management 127 Cardinal No EA, Wilmington, NQ 28405; Phone; 910.796.7215@FAK 910.395-39641nlemel; www.nccoeslalmanaaemeni.nel An EqualOppoduol %A(ruiaaM Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 4, 2014 ly Division of Coastal Management MEMORANDUM: TO: Maria Dunn NCWRC WaRO / WiRO John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Eugene Hadley Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek, in Wilmington, NH Co. Proposed Project: Construction of 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 November 27, 2014. 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 1 t DATE II-2o-7-ztt- ��� NOV Z014 N.C. Division of Coastal Management o REC D 127 Cardinal Drive Ext., Wilmington, NC 28405 Q, Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net ��_..wAjptl An Equal Opportunity 1 Affirmative Action Employer ��O,IA��`+ _ Yam^' , kvill NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 4, 2014 Division of Coastal Management MEMORANDUM: OISTRICT 3 NOV 0 5 2014 RECEIVED John E. Skvarla, III Secretary TO: Anthony Law NC DOT New Hanover Co. FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Eugene Hadley Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek, in Wilmington, NH Co. Proposed Project: Construction of 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 November 27, 2014. 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 This agency has no objection to the project as proposed. no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED A& 19 RMd N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Oppoituniry \ AlfirmaGve Action Empoyer RECEIVED Nnv 18 209 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Eugene Haley c/o Jimmy Jones 2. LOCATION OF PROJECT SITE: 317 Bradley Creek Point Road, in Wilmington, New Hanover County Photo Index -2006: 22-7423, H-I, 5-6 2000: 22-272, H-J, 4-5 1995: 22-254, H-J, 5-6 State Plane Coordinates - Y:170050 X: 2356211 GPS File: N/A Lat: 34112'37.11 "N Long:77°49'18.49"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/18/2014 Was Applicant Present — Yes (and agent) 5. PROCESSING PROCEDURE: Application Received — Completed 10/22/2014 Office —Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — New Hanover County Land Classification From LUP — Developed (residential)/Conservation (B) AEC(s) Involved: CW, PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal Planned - None (F) Type of Structures: Existing — Single-family residence Planned — New private docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED QIHER (A) Vegetated Wetlands (Shading) 3,000 sq. ft. (B) Non -Vegetated Wetlands Open Water 648 sq. ft. . (C) Other — Upland (D) Total Area Disturbed: 3,648 sq. ft. (0.083 acres) (E) Primary Nursery Area: No (Permanent Secondary) (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a private docking facility within Bradley Creek. Eugene Haley Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 317 Bradley Creek Point Drive, in Wilmington, New Hanover County. To locate the property from the Wilmington Regional Office (WiRO), take Eastwood Road and travel east towards Wrightsville Beach approximately 2.0 miles. Turn right onto Military Cut -Off Road and travel south approximately 0.5 miles until you reach Aidie Road. Turn left onto Arlie Road and travel approximately 0.7 miles east until you reach Bradley Creek Point Road. Turn rightonto Bradley Creek Point Road and continue until the road forks. Turn left at the fork and continue until you reach the property of interest, which will be located on the left. The property is approximately 0.94 acres and is currently developed with a two story single-family residence, which borders the confluence of the AIWW and the northern side of Bradley Creek, in Greenville Sound. The subject property is bordered by residential properties to the north and south. Vegetation on the site consists primarily of maintained lawn grass and ornamental landscaping. The property ranges in elevation from 5'-10' above normal high water (NHW) with approximately 160 linear feet of shoreline. There is a narrow band of section "404" type wetlands located on the waterward side of the property, which consists of Wax Myrtle (hVca cerifera), Marsh Pennywort (Hydr000t)le umhellata), and Groundsel Bush (Bacchans angustifolia). Coastal Wetland speciesJocated adjacent to the property include, but are not limited to: Black Needle Rush (Juncus memadanus), Sea Lavender (Linionium, spp.), Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina aftemiBora) in an area approximately 400' in width. The applicant currently does not maintain a private docking, however, the previous property owner (W. Faris) submitted a CAMA Major Permit application in 1997 for the construction of a private pier, which included a new boat basin and access channel towards the AIWW. Based on the file review, it was indicated by the N.C. Division of Coastal Management that the new dredging component of the application was subject to the N.C. State Environmental Policy Act (SEPA), which it appears was not completed. The application did include riparian lines for the proposed docking facility in relation to the adjacent riparian owners, which currently maintain private docking facilities. The waters of Bradley Creek, which are located adjacent to the property, are classified as SC by the Division of Water Quality. This area is NOT designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and according to maps provided by the Shellfish Sanitation Section, the area is CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant proposes to construct a private docking facility within Bradley Creek. A new access pier, measuring approximately 540' in length by 6' in width would extent towards the eastjust north of the confluence of Bradley Creek and the AIWW, and just north of the existing docking facility to the south. The pier would terminate onto a fixed covered platform, measuring approximately 16' in length by 16' in width, oriented towards the south creating an "L-shaped" configuration. An access ramp would then lead onto new floating dock, measuring approximately 16' in length by 6' in width, which would run parallel to the shoreline along the southern side of the proposed platform. The application states that the proposed docking facility would accommodate up to two(2) small type vessels within water depths ranging from approximately -2' to -3' @ normal low water (NLW) (See Sheets 1 through 3 of 3 and project narrative). RECEIVED 10. ANTICIPATED IMPACTS Nov 18 7014 The proposed access pier would shade approximately 3,000 sq. ft. of Coastal Wetlands, consisting primarily of Smooth Cordgrass (Spartina aftemiflora). The remaining proposed fixed pier, covered platform and floating dock would incorporate approximately 648 sq. fL.of Estuarine Waters and Pubic Trust Area. The proposed platform and floating docks would be located within the applicant's riparian access area and would not encroach into the adjacent 15' Riparian Corridor Setback requirement. As stated, the riparian lines were established using in the same lines in the 1997 Faris CAMA Major Permit application. The structures would extend approximately 80' into a waterbody, which measures approximately 330' across. This distance conforms to the 1l4 width rule. Based on the provided drawings, the proposed structures would not encroach into the 80'setback from the AIWW federal channel. The proposed structures would accommodate up to two (2) vessels at this location within current water depths ranging from approximately -2' to 4 @ NLW. Submitted by: Robb L. Marrs Date: November 3, 2014 Office: Wilmington p ko -- N T iyG fi 112- n - nn - ` - � -- + JAA .• ch --------------- --V•V-'f�c-- i -----------'�c-------_�-.__-_-----------RECEIVED --_-..__...-------- --------------------------------------.._�Cna-�e�+eetrr-------pC1gYjRj�INGTON, NC — - -- - - .. - - - - -- -- -- —------- —....... - ----- ---- - OCTI I l Icxis7Oly \a n. ea1NOARY G RIPARIaN suRVaY WIc_ftLj M.J.PJRI G. FAS ;IAR 7OMI4SAJP• rJeW OA404eK COIIFIjy 9ORT4 rARoL,MA .0 \ - ­ZZL. �\ a RECEIVED Nnv 18 2014 DCM-MHD CITY ;,• RECEIVED DCM WILMINGTON, NC OCT 222014 SIT 6RADIGY cRax PT. WItM INyTuN, N�. Rem MP-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Appl nt 1: First Name MI Last Name uG.e N .0 - N A (- Applicant 2: First Name MI Last Name L-iz _ IAA n additional applicants, please attach an additional pages) with names listed. Mailing Address POr City Stat ZIP 2�403 Country v.5.4 Phone No. qlo-�i- �5�xt3 FAX No. -- Street Address (d different from above) City State ZIP Email Business Name ' Agent/ Contractor 1: First Name MI last Name • To>� w Agent/ Contractor 2: First Name MI Last Name Mailing Address 06 22 l� P l}p< O k • PO Box ciy, wil Lr'► I fM S p�-c ZIP P/No. K- K� 9v 3 ext. Phone No.2 ext. D`C�8�� FAX No. Contractor # Street Address (d different from above) 444 City State ZIP Email RECEIVED —, , o r.." <Form continues on back> DCM-MHD City RECEIVEDDCM WILMINGTON, NC inCT 222n', 252-808-2608 .. 1-888-4RCOAST .. www,necoaslaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION foi Major Development Permit 3. Project Location County (can be multiple) w 4 5N0 0-4 , Street Address 3 i 7 qL01 C-Q i State Rd. # SubdivisionName � L City � l !, X/,It/ � State Zip „ ej ! of // Phone(/hNoo. Lot No.(st) (d many, attach adldditrional paget„�withJ list) ext. I a. In which NC Over basin is the project located? L C eeK b. Name of body of water nearest to proposed project 1Ci- LI c. Is the water body identified in (b) above, natural or manmade? atuml [Manmade ]Unknown d. Name the closest major water body to the proposed po rroo�ject site. �`j-�'r7,J(VU/L L� U / .�yv e. Is pro ad work within city limits or planning jurisdiction? ❑No f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. Al 4. Site Description a. Total length of shoreline on the tract (ft.) 160 ' b. Size of entire tract (sq..) 3g 26f © ; /F3& c. Size of individual lot(s) d. Approximate elevation of tra'cllsbove NHW (normal high water) or (if many lot sizes, please attach additional page with a list) NWL (normal water level) ve l 0 l ftW W or ❑NWL e. Vegetation on tract Cep y-L ri1i2TLh'�S' f. Man-made features and uses now on tract g. Identify and describe the existing land uses adjacent to the proposed project site. h. How does local gov mment zone the tract? I. Is the proposed project consistent with the applicable zoning? REC P t '\,e ~Qr� / (�L-. (Attach zoning compliance certificate, if applicable) gores []No ❑NA Nall j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes Etjo— DCM-M k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes [:]No If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes []No �A National Register listed or eligible property? 7) IVED jgtd ID Cav <Form continues on next page> RECEIVED DCM WILMINGTON, NC OCT 22 Z014 252-808-2806 .. 1-888.4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (i) Are there wetlands on the site? Ves ❑No (if) Are there coastal wetlands on the site? &as []No (iii) If yes to either (1) or (if) above, has a delineation been conducted? []Yes pl(o (Attach documentation, tl available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. Q E p. Describe existing stone water management or treatment systems. / 5, Activities and Impacts a. Will the project be for commercial, public, or private use? ❑C mercial ❑Public/Government Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. RAC If LIV c. Describe the proposed construction methodology, types of construc ion equipment to be use during constn�tto the nymber of each type of equipment an(d� where it is to be Gstored. UOW 6 tf NQ V IIA MI 17.eU) -- � ! ��'I"�r pomp 7l�br, PILL -a o`) 62010 WdKK f=P-NMk i- 09ce ) MRT'el 1-0 STC?et QQIUWRY) Qgi `t(J '$9- K�Ko Ur" UW, d. List all .,development nODDS Qsyo�16 9..1M P�M.e+1l I D ek C}-U..nn. 2.X6 &'2,Y SO (3�cuaDr lb�cl(o SQscf� O[iGr— e. Are the proposed activities maintenance of an existing project, new work, or both? hieW WOQI4", f. What is the approximate total disturbed land area resulting from the proposed project? /V 4 ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area oyes 53w6 DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. A 4 I. Will wastewater or stormwater be discharged into a wetland? []Yes ffNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONo []NA j. Is there any mitigation proposed? ❑Yes o ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on bath NOv i R my DCM-MHD Cay RECEIVED DCM WILMINGTON, NC OCT 2 2 2014 252-808-2808 .. 1-888-4RCOAST ., www,nccoastalmanagement.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, mustbe submitted In order for the application package to be complete. Items (a) = (n are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items brak a. A project narrative. C n /"b4 b. An accurate, dated work pkLincluding plan view and cross -sectional wings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously out orized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name j�`T � e f� .'.+ -' - Phone No. Address at Name U Phone No. ,!J Address arc ��\ L V d= AT Name Phone No. - Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, it necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10). 9 necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date I rL�i "-'1 L4 Print Name � R MPSy� . A() WOS n' RECEIVED Signature NOV 1 R %m" Please indicate application attachments pertaining to your proposed project. DCM-m„p CGS []DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts ❑DC,M MP-3 Upland Development CM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC OCT 222014 252-808-2808 .. '1.888.4RCOAST ., www.necoastaimanagement.net J_mrrrin DaRTA I'�%a;! w .. Via. �i kk i, fg8 "Y(I" j4 i Yi7, ", w NiO (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. a. (i) Is the docking facility/marina: b. (i) Will the facil' be open to the general public? []Commercial❑Publia(Government [JPnvate/Community ❑Yes o c. (i) Dock(s) and/or p7ier(s) d. (i) Are Finger Piers included? ❑Yes Xo (ii) Number r If yes: (iii) Length ��-Ir� a (ii) Number (iv) Width (iii) Length (v) Floating ❑Yes EIKo (iv) Width (v) Floating ❑Yes []No e. (i) Are Platforms included? B' ea ❑No f. (i) Are Boatlifts included? ❑Yes,eNo If yes: If yes: (ii) Number ? , (ii) Number (iii) Length fP (iii) Length (iv) Width - - (iv) Width �-,l�� (v) Floating Bles ❑No Note: Roofed areas are calculated from ddpline dimensions. g. (!)Number of slips proposed h. Check all the types of services to be provided. v ❑Full service, including travel lift and/or rail, repair or (ii) Number of slips existing - maintenance service Dockage, fuel, and marine supplies [-I Dockage ("wet slips") only, number of slips: ' ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: 1. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel 46LA J�. 0 U) ff iropen water; no dredging required El Other; please describe: k. Typical boat length: I. (!)Will the faci�lit` be open to the general public? ❑Yes 16No m. (1) Will the facility have tie pilings? ' []Yes 00 RECEIVED (ii) If yes number of tie pilings? DCM WILMINGTON, NC OCT 2 2 2014 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimananement.net revised: 12J27106 Form DCM MP-4 (Structures, Page 3 of 4) n. is the marinalprocking facility proposed within or adjacent to any shellfish harvesting area? []Yes No o. Is the marinaidocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SB __❑\90. . __. Nsthe p. Is the proposed marina/docking facility located within orwithin close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) Whis section not applicable; a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community. (ii) Number (iii) Length _ (iv) Width Note.: Roofed areas are calculated from dripline dimensions. d. GROW (e.g., wood, sheetpile. etc If a rock groin. use MP 2 Excavation a. (i) Number (ii) Length (III) Width I Fill) ❑1This section not apphcabl] sr BREAKWATER (e g,.wood, sheetpile, etc.) 0This section not applicabla,, a Length b Average distance from NHW, NWL or wetlands c. Maximum distance beyond NHW, NWL orwetlands i wroo t G - SLINGS artd BUOYS ----- a. Is the structure(s): []Commercial ❑PubliclGovemment ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, If present. e. Arc of the swing [;3 This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) OCT 222014 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanauement.net revised: 12127106 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 14/ —\ 160 Note: For buoy or mooring piling, use arc of swing including length of vessel. . ...__-c. Width of water body- e. (i) Will navigational aids be required as a result of the project? []Yes []No ❑NA (ii) if yes, explain what type and how they will be implemented. a. Give complete description: d. Water depth at waterward end of structure at NLW or NWL -- - N y- w - 2 r N4�u 32 ❑This section not applrcabfe RECEIVED Nl1U 19 2014 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC i 222014 252-808.2808 :: 1$88.4RCOA8T :: www ncooastalmanaaement.nst revised: 12/27/06 RECEIVED NOV 7 8 MAI DCM-MHD CIIV N7-A O NCDENR Pat McCrory North Carolina Department of Environment and Natural Resources Governor November 4, 2014 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Eugene Hadley Project Location: 317 Bradley Creek Pt Rd., adjacent to Bradley Creek, in Wilmington, NH Co. Proposed Project: Construction of 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 November 27, 2014. 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 r� DATE 400 i� -Zol y RECEIVED Nnv Is "',• DCM� 4 r N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanaoemenl net An Equal Opponun ty \ Affirmative Action Employer ; r NCDENR North Carolina Department of Environment and Pat McCrory Governor November 4, 2014 Division of Coastal Management MEMORANDUM: TO: Linda Painter LPO New Hanover Co. RECEIVED NOV 18 2014 Natural Resources John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) RECEIVED SUBJECT: CAMA Application Review Nnv 2 1 7014 Applicant: Eugene Hadley DCM-MHu Ciro Project Location: 317 Bradley Creek Pt Rd., adjacent to Bradley Creek, in Wilmington, NH Co. Proposed Project: Construction of 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 November 27, 2014. 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 U DATE !Ja2&1Jki&, I S; I L N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395.3964 Internet: www.nocoastaimanagement.net An Equal Opportunity Allimative Action Employer AMA NCDENR North Carolina Department of Environment and Pat McCrory Governor November 4, 2014 Natural Resources John E. Skvarla, III Secretary RECEIVED Division of Coastal Management IVE DEC 02 774 MEMORANDUM: Den,f-mmoeo,� NOV 0 6 2014 TO: Chad Coburn ;; 401 Wetlands DWR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Eugene Hadley Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek, in Wilmington, NH Co. Proposed Project: Construction of 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 November 27, 2014. 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. GG c<< 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 cy—m, 6ATE #/A -,// cf N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.necoastalmanagement.net An Equal Oppor unily \ Affirmative Acton Empoyer Arj2p IA DENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary November 21, 2014 DWQ Project # 14-1159 New Hanover County Mr. Eugene Haley 317 Bradley Creek Road RECEIVED Wilmington NC 28403 nFr. 0 2 1014 Subject Property: 317 Bradley Creek Road — Wilmington uena-li emr NO WRITTEN CONCURRENCE NEEDED Dear Mr. Haley, You have our approval, in accordance with the attached conditions to construct a private docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on November 5, 2014. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at http://portal.ncdenr.orWweb/wq/swp/ws/401/certsandpermits. This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 1617 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 1 Internet: www,ncdenr.gov An Equal Opporhmity l Afdnnatve Acton Employer- Made in part by recycled paper 2 Eugene Haley New Hanover County 2014-1159 r Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, O Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: G0883 Certificate of Completion cc: Jimmy North — Coastal Marine Contraction, 6314 Wrightsville Avenue, Wilmington, NC 28403 Tyler Cnunbley — USACE Wilmington Field Office Robb Mairs — DCM Wilmington Jonathan Howell — DCM Morehead City Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO a DWR Project No.: Applicant: Project Name: Certification of Completion RECEIVED Date of Issuance of Wetland Permit: County: Certificate of Completion nFf, 0 21"+t Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 4, 2014 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO RECEIVED DFf. 0 2 2014 DCM-MHD CITY John E. Skvarla, III Secretary ECEIVE' NOV 0 4 2014 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Eugene Hadley Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek, in Wilmington, NH Co. Proposed Project: Construction of 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 November 27, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE DATE It N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal opportunity \ Aflinallve Action Empbyer A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 4, 2014 Division of Coastal Management MEMORANDUM: TO: Jessi Baker Fisheries Resource Specialist Division of Coastal Management John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Eugene Hadley Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek, in Wilmington, NH Co. Proposed Project: Construction of 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 November 27, 2014. 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: SIGNED 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. �Am, S (105 wpQeb+" ?� dec --, wzkn Mark C%gV1A� y-ectoct ar{q oP-Y�pavE' n'o&% (w%Ims5 +egre&S o' 6A This agency objects to the project for reasons described in the attached comments. DATE N.C. Division of Coastal Management 127 Cardinal Ddve Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-396-3964 Internet: www.nocoastaimanaoement.net An Equal Opportunity \ Affirmative Action Empbyer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: November 20, 2014 Regulatory Division Action ID No. SAW-2014-02096, General Permit No. 197800056 Mr. Eugene Haley 317 Bradley Creek Point Road Wilmington, North Carolina 28403 Dear Mr. Haley: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to construct a private docking facility at 317 Bradley Creek Point Road, in the Bradley Creek Point subdivision, adjacent to Bradley Creek, in Wilmington, New Hanover County, North Carolina. Coordinates: 34.12371 IN,-77.491849W. On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in'strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the submitted plans received on 13 November, 2014, which are a part of this permit. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. RECEIVED NOV 26 2N DCM-MHD CnY -2- Thank you for your time and cooperation. If you have questions, please contact Tyler Crumbley, of the Wilmington Regulatory Field Office, telephone: (910) 251-4170 Sincerely, Tyler Cbley, Project Manager Wilmington Regulatory Field Office Enclosure: GP 56 conditions Copies Furnished (without enclosure): Mr. Robb Mairs Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 &ft. Jonathan Hower North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Chad Coburn Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary November 4, 2014 RECEIVED Division of Coastal Management NOV 0 5 Z014 MEMORANDUM: DOA STATE PROPERTY TO: Tim Walton OFFICE Dept of Administration State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Eugene Hadley Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek, in Wilmington, NH Co. Proposed Project: Construction of 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 November 27, 2014. 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. Ira��'r`r I �J ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. SIGNED This agency objects to the project for reasons described in the attached comments. DATE N, \, �,Z.--) N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.ncrostalmanaaement.net RECEIVED NOV 2 6 7n4 DCM-MHD CITY An Equal Opportunity t Affirmative Acton Employer BOOK P"t 2394 0038 Prepared by: Thomas a. saw -lee, IV, Esq. SHNIOM Ia i MCDAWIEL, L.L.P. 214 Market Street Post Office Box 1347 Wilmington, BC 28402-1347 Telephone: (910) 762-9400 Telefax: (910) 2SI-1773 CP2133wf.DOC/11129.001 Revenue Stamps: $1,720.00 090 JUL 1 PR 12 01 RECORDED A VERIFIED NARY AdE DOTS ✓ RECISfth OF DEEDS NEW HANOYER CO. RC = amen mm sC 67/4110 Brief Description for Index: Bradley Creek Point " $1720 00 Tax Parcel I.D. #: R06300-001-004-000 Enci» 7a STATE OF NORTH CAROLINA COUNTY OF NEN HANOVER THIS DEED made this 15 cau day of June, 1995, by and between WILLIAM G. FARIS and wife, GLADYS G. FARIS, parties of the first part, hereinafter referred to as the -GRANTORS,- and EUGENE T. HALEY and wife, ELIZABETH A. HALEY, whose mailing address is 317 Bradley Creek Point, Wilmington, EC 28403, parties of the second part, hereinafter referred to as the -GRANTEES.- (The designation Graetors and Grantee, as used herein shall include said parties, their heirs, successors and assign., and shall include singular, plural, sasculim, feminine or neuter as required by context.) 000119 W I T N E S SETH: THAT the Grantors, for a valuable consideration paid by the Grantees, the receipt of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto the Grantees, their heirs and assigns, in fee simple forever, all that certain lot or parcel of land situated in New Hanover County, North Carolina, and being more particularly described as follows: BEGINNING at a concrete monument in the southern right- of-way line of Bradley Creek Point Road (60.0 foot right- of-way) said monument being South 63 degrees 28 minutes West 5.0 feet (chord distance) from the northeastern end of curve #13 as shown on the map of Bradley Creek Point - dated November, 1968 by Howard M. Loughlin, Registered Land surveyor, recorded in Map Book 10, Page 27 of the New Hanover County Registry; running thence from said beginning point along the said southern right-of-way line of Bradley Creek Point Road North 63 degrees 28 minutes East 5.0 feet to a point at the northeastern end of curve #13 as shown on said map; thence continuing along the said southern line of Bradley Creek Point Road North 64F- AP#Y W. PORTER Atbmay At Lau 711 Pdnom & c:.; VMmff itwk NC 23401 7914 CITY NC BOOR PACE 2394 0039 degrees 35 minutes Fast 118.S2 feet to a concrete monument in the said southern line of Bradley Creek Point Road, the westeramost corner of the Garland B. Garrett, Jr. tract; thence South 28 degrees 04 minutes 30 secooes Bast 273.68 feat to a concrete monument near the high water line of Wrightsville Send, said monument being in the traverse line sham on said map, said traverse line being more or less along the high rater line of Wrightsville Sand; thence along said traverse line South 47 degrees 51 minutes West 45.98 feet to a concrete monument on said traverse lice; thence continuing along said traverse line South 67 degrees 18 minutes West 113.97 feet to a concrete monument, in said traverse line, said monument being the easternmost corner of the tract described in deed to Alston W. Stafford and rife, Katherine S. Stafford dated October 7, 1971; thence leaving said traverse line North 21 degrees 02 minutes 30 seconds West 281-98 feet to the beginning concrete monument in the said southern line of Bradley Creek Point Road, said beginning concrete monument also being a corner of said Stafford tract and being a portion of the property shown on the aforementioned map of Bradley Creek Point, together with a right-of-way and easement for ingress and egress over and across all of Bradley Creek Point Road (a private road) shown on said map. Together with all right, title and interest of the party of the first part to that land between the low water line of Wrightsville Sound and the aforementioned traverse line, being bounded on the Bast by an extension to the South of the eastern line of the above described tract and on the West by an extension to the South of the western line of the above described tract. But this conveyance is made subject to certain restrictions as to the use thereof, running with said land" by whomsoever 'owned, and which are expressly assented to by said parties of the second part in accepting this deed for themselves, and their heirs and assigns, in title forever, said restrictions being as follows: 1. Said tract of land shall be used for single family residential purposes only and may not be used for commercial purposes, and no dwelling shall be erected other than one detached single family dwelling, not to exceed two and one- half stories in height and a one or two car garage. 2.. N6 building shall be located on said tract nearer than fifty (50) feet from Bradley Creek Point Road and not nearer than fifteen (15) feet from the sides of said tract. -2- �t':�SP.f�¢iVVILN NC 2394 0040 3. No noxious or offensive trade or activity shall be carried on or maintained upon said tract or part of any tract, nor shall any use be made of any portion of said property which may be or become an annoyance or mumance to the neighborhood. 4. No trailer, mobile bome, basest, tent, shack, garage or garage apartment, Lars or other outbuilding erected an the tract shall at any time be used as a residence, temporarily or perma utly. 5_ The plane and specification of all buildings which ehalI be erected on any lot shall be subject to approval by S 4 G Prestress Company or its designee, and the tract cannot be subdivided without the approval of said S 4 G Prestress Company, its successors, assigns or designee, and the residence shall contain not less than 1,600 square feet of heated living area (excluding patios, porches and garages). 6. Party of the first part agrees to grant and convey to Carolina Power i Light Company and southern Bell Telephone 4 Telegraph Company rights of ways over, through and upon the street or roadway shown upon the above map for the purpose of installing utilities. 7. These covenants are to run with the land and shall be binding on all parties and persons claiming under them until January 1, 1988, at which time said covenants shall be automatically extended for successive periods of ten years unless by agreement with S 4 G Prestress Company, duly recorded, said restrictions are amended or terminated. e. If the parties hereto or any of them, or their heirs and assigns, shall violate or attempt to violate any of the covenants herewith, it shall be lawful for S i G Prestress Company or any other person or persons owning any real property conveyed by S 4 G Prestress Company out of the tract of land from which the above tract constitutes a part, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant, and either to prevent him or them from so doing or to recover damages or other dues for such violation. 9. Invalidation of any one of the covenants by judgment or court order shall in no way effect any of the other provisions which shall remain in full force and effect. BEING the same property conveyed to Grantors by that instrument recorded in Book 1042 at Page 750 of the New Hanover County Registry on September 30, 1975. -3- 0 2 6 2014 CITY NC t BOOK PACE 2394 0041 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges, ease®ents and appurtenances thereto belonging to the Grantees, their heirs and assigns, in fee simple FOREVER. And the Grantors covenant with the Grantees that the Grantors are seised of the premises in fee simple, have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, except as set forth herein, and the Grantors will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hersinabove described is subject to the following exceptions: 1. Ad valorem taxes for the current year and thereafter; 2. Restrictions of record applicable to said lot; 3. Basements to public utilities of record; and 4. Zoning and/or subdivision ordinances and regulations. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year first above written. '"MC7-4-- (SEAL) WILLIAM G. FARIS 02,�_'_ (SEAL) S G. ARMS STATE OF NORTH CAROLINA COUNT.* OF NEW HANOVER// 'I I, j'ne' * b- Aa." a Notary Public of the County and State aforesaid, do hereby certify that WILLIAM G. FARIS and wife, GLADYS G. FARIS, Grantors, personally appeared before me thin day and a0mowledged the due execution of the -foregoing instrument. Witness my hand and notarial stamp or seal, this the AEX day of June, SIATHOF NORTH CAROLINA New 11 a County Na.7(No/b)PMW b/ memiffa wbe=, TN. Ne r &ya,)..c • tsTQ_ wyS-0ob UgftW.Id" Day/ANWri DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Eugene Haley c/o Jimmy Jones 2. LOCATION OF PROJECT SITE: 317 Bradley Creek Point Road, in Wilmington, New Hanover County Photo Index -2006: 22-7423, H-I, 5-6 2000: 22-272, H-J, 4-5 1995: 22-254, H-J, 5-6 State Plane Coordinates - Y: 170050 X: 2356211 GPS File: N/A Let: 34012'37.11 "N Long: 77°49'18.49"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/18/2014 Was Applicant Present — Yes (and agent) 5. PROCESSING PROCEDURE: Application Received — Completed 10/22/2014 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — New Hanover County Land Classification From LUP — Developed (residential)/Conservation (B) AEC(s) Involved: CW, PT, EW (C) Water Depend , (D) Intended se: Private (E) Wastewater Treatment:Existing —Municipal Planned - None (F) Type of Structures: Exi ting — Single-family residence sinned — New private docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILED OTHER (A) Vegetated Wetlands (Shading) 3,000 sq. ft. (B) Non -Vegetated Wetlands Open Water 648 sq. ft. (C) Other —Upland (D) Total Area Disturbed: 3,648 sq. ft. (0.083 acres) (E) Primary Nursery Area: No (Permanent Secondary) (F) Water Classification: SC Open: No PROJECT SUMMARY: The applicant proposes to construct a private docking facility within Bradley Creek. RECEIVED Nnv 2 6 ?n+4 DCM-MHD CITY Eugene Haley Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 317 Bradley Creek Point Drive, in Wilmington, New Hanover County. To locate the property from the Wilmington Regional Office (WiRO), take Eastwood Road and travel east towards Wrightsville Beach approximately 2.0 miles. Turn right onto Military Cut -Off Road and travel south approximately 0.5 miles until you reach Airlie Road. Turn left onto Airie Road and travel approximately 0.7 miles east until you reach Bradley Creek Point Road. Turn right onto Bradley Creek Point Road and continue until the road forks. Turn left at the fork and continue until you reach the property of interest, which will be located on the left. The property is approximately 0.94 acres and is currently developed with a two story single-family residence, which borders the confluence of the AIWW and the northern side of Bradley Creek, in Greenville Sound. The subject property is bordered by residential properties to the north and south. Vegetation on the site consists primarily of maintained lawn grass and ornamental landscaping. The property ranges in elevation from 5'-10' above normal high water (NH" with approximately 160 linear feet of shoreline. There is a narrow band of section 8404" type wetlands located on the waterward side of the property, which consists of Wax Myrtle (A"ca cerifera), Marsh Pennywort (Hydrocotyle umbellate), and Groundsel Bush (Baccharis angustifolia). Coastal Wetland species.located adjacent to the property include, but are not limited to: Black Needle Rush (Juncus roemarfanus), Sea Lavender (Limonium, spp.), Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina aftemiflora) in an area approximately 400' in width. The applicant currently does not maintain a private docking, however, the previous property owner (W. Faris) submitted a CAMA Major Permit application in 1997 for the construction of a private pier, which included a new boat basin and access channel towards the AIWW. Based on the file review, it was indicated by the N.C. Division of Coastal Management that the new dredging component of the application was subject to the N.C. State Environmental Policy Act (SEPA), which it appears was not completed. The application did include riparian lines for the proposed docking facility in relation to the adjacent riparian owners, which currently maintain private docking facilities. The waters of Bradley Creek, which are located adjacent to the property, are classified as SC by the Division of Water Quality. This area is NOT designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and according to maps provided by the Shellfish Sanitation Section, the area is CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant proposes to construct a private docking facility within Bradley Creek. new access pier, measuring approximately 540' in length by 6' in width would extent towards the eastjust north of the confluence of Bradley Creek -and the AIWW, and just north of the existing docking facility to the south. The pier would to nto a fixed covered platform measuring approximately Win length by 16' in width, oriented towards the south creating an " - confi uretion. An access ramp would then lead onto new floatnigdoc measuring approximately 16' in length b ch would mn pare el to the sho Ion outhem side of the proposed platform. The application states that thP�pr000se docki__ fad � a + p to two(2) small type vesse s within water depths ranging from approximately -2' to -3@ normal low water (NLW) (See Sheets 1 mrough 3 or 3 and project narrative). 10. ANTICIPATED IMPACTS The proposed access pier would shade approximately 3,000 sq. ft. of Coastal Wetlands, consisting primarily of Smooth Cordgress (Spartina altemiflora). The remaining proposed fixed pier, covered platform and floating dock would incorporate approximately 648 sq. ft..of Estuarine Waters and Pubic Trust Area. The proposed platform and floating docks would be located within the applicant's riparian access area and would not encroach into the adjacent 15' Riparian Corridor Setback requirement. As stated, the riparian lines were established using in the same lines in the 1997 Faris CAMA Major Permit application. The structures would extend approximately 80' into a waterbody, which measures approximately 330' across. This distance conforms to the 1/4 width rule. Based on the provided drawings, the proposed structures would not encroach into the 80'setbackfrom the AIWW federal channel. The proposed structures would accommodate up to iwo (2) vessels at this location within current water depths ranging from approximately -2' to -3' @ NLW. Submitted by: Robb L. Mairs Date: November 3, 2014 Office: Wilmington rRRr� o�KI, r p f . A A .Ira Il _�_ a l • a,—__.. ____ .— w� I 'bl RECEIVED DCM WILMINGTON, NC Ak 25�JWDAKY MRARL&M SUP.Vf-Y l OCT 22 2014 wi K G. FARIS f-e v 1,014 5 ewpl'f el ;IAKrVTaVINSiIIP, 4&W t A464eK c 14TY cmtoLWA Im 0 too, 20D. 300 rg ffl-c-sc'ut _.Peer G. r-AKIS � F�r- U, zz-rt 4K I= MP-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information nY Business Name Project Name (if applicable) New P��2 Appl nt 1: First Name MI Last Name Applicant 2: First Name MI last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 317 &kAOI PO Elgx City Stat . ZIP Z��to3 Country U.S .A ne No. 50-5DI.-J5-LKx3 FAX No. - Street Address (6 different from above) City State ZIP Email 2. gent/Contractortnformaton Business Name Agent/ Contractor 1: First Name MI W Last Name TOues, Agentl Contractor 2: First Name MI Last Name Mailing Address y5 2 2 i� e itJ Oa , PO Box city, ' y�^� (,.(Jl Lri` pA7 S e �/_ CP ZIP 8�� eNo j 9/0� ��ext Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email OCM <Form continues on back> VED 2014 D CITY RECEIVED DCM WILMINGTON, NC 252-808-2808 .. 1.888-4RCOA.ST .. www.nccoastaimanagement.nat Fbrm DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit n ,,., . County (can be multiple) Street Address State Rd. # Subdivn Name ��o��j� City St to Zip , Phone No. - Lot No. (a) (if many, attach additional page with list) a. In which NC riverbasinis the project located? b. b. Name of body of water nearest to proposed project Ll! C K c. Iss� the water body identified in (b) above, natural or manmade? [2(Natural ❑Manmade ❑Unknown d. Name the closest major water body to the proposed project site. r �%'(vviLL.� s0iltid e. Is pro sed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed Z7es ❑No work falls within. w -L�J SI E i�ESC�'�j��/O/�(,e � � P zs� ,y�� t. � x �, �Wni �„ ;, r ; r rr � • w � , , � } � �w:'"s�y� fv + '3 Yi r idcy r, ,�..a;>k •�g�?�u"ti .�,z,����,ti4'�„x �:a., �,� `�>�..is�:f'ti. �i.%iri.. vT` �� n 1�ris-., a. Total length of shoreline on the tract (ft.) " b. Size of entire tract (sq..) 39/ &Yt It 160 C c. Size of individual lot(s) d. Approximate elevation of trac ve NHW (normal high water) or. NWL (normal water level) (If many lot sizes, please attach additional page with a list) Lo (KiW or ❑NWL e. Vegetation on tract f. Man-made features and uses now on tract 8 C� �1 i l5'r /'o g. Identify and describe the existing land uses adjacent to the proposed project site. �Z h. How does local gov rnment zone the tract? I. Is the proposed project consistent with the applicable zoning? L (Attach zoning compliance certificate, If applicable) Wes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ❑e Ito,' k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No LIN< If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes []No qDIAA ,, National Register listed or eligible property? <Form continues on next page> 9 RECEIVED DCM WILMINGTON, NC 252-608-2808 :: 1-88 ,; www.etccoastalrnana,yement.aet Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the she? Ves ❑No (li) Are there coastal wetlands on the site? bTes ❑No (ii) If yes to either (i) or (ii) above, has a delineation been conducted? Dyes P410, (Attach documentation, 11 available) n. Describe existing wastewater treatment facilities. �F-pVA o. Describe existing drinking water supply source. o- PEA F p. Describe existing stone water management or treatment systems. / 5. Activities and Impacts y a. Will the project be for commercial, public, or private use? mercial ❑Public/Government ete/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. c. Describe the proposed construction methodology, types of oonstru ion equipment to be use during oonst on the mber of each type t of equipment and where it is to be stored. 01W 6 aAg4 (-NQ V N%drl Q IZI� ' W ApeK p�'^'�17- 11 poll+ 7'014' Pik To V) bulLtl wip (=9-AMR 1 Oece- ) mRT� gc To Sty Uli LQ]FAy ) flolp -til '!�e- d. List all development �atcti�vit-igs'�°'�6 f g.. (nn P.>�iu-c�.+�l" f Q.a c "v 2X6 C'• u p Bo b X1(o Ose �1 a� J� � 1C I(, 'trt I N e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project? /V ❑Sq. Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area Dyes W ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. A� J i. Will wastewater or stonnwater be discharged into a wetland? Dyes o ❑NA � ftECE If yes, will this discharged water be of the same salinity as the receiving water? Dyes ZNo DNA j. Is there any mitigation proposed? Dyes o ❑NA NOV 24 If yes, attach a mitigation proposal. DCM-M fED 2014 D CITY RECEIVED <Form continues on back> DCM WILMINGTON, NC OCT 222014 252-808-2808 .. 1.888-4RCOAST .. www.or.coastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit fn,d�ddlontoilfrscomplete �pbllcatlanlo�ns(MP3)tha?ollortiinghemsbe/owrfappGeablemusfYresubm(dedlnorde�.for'fheapp�IrraGonA�-: packaggtabexomple(.e Item+s(a).(fJatea(rvaysapplfca6leoanymajor¢eveJopmentappjfcatroh #Iease4ronsu(ttbeapp(mabojl$}, rrisBucflnn`booklaton fiowto�roperfypreparb thsrequtrdd jtems }„ y a. A project narrative. Q n b. An accurate, dated work p including plan view and cross -sectional swings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously out orized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name ti 0.•-Q�1. )/ S^ j n p Phone No. Address Nal�e�:,'"~��4 •"'}�{: is 1 {� r� i ���h� �a y'{ „1�� T's� it°.� • Y "i� S `` s, ,� rv�Pt�OnB NO ^ Sx r ,� [y,S' j �:J g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. h. Signed consultant or agent authorization form, If applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date —i L4 Print Name J P, lVe 4L-- Vv J ve(S�Ma Signature Please indicate application attachments pertaining to your proposed project. ❑DCM'MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑MP-3 Upland Development PMP-4 Structures Information RECEIVED DCM WILMINGTON, NC OCT 2 2 2014 232-808-2808 :. 1-888-4RCOAST :: www.nccoastalmanagement.net STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental infonnation. a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government GJP16vate/Community c. (i) Dock(s) and/or eier(s) (ii) Number 1 (III) Length (iv) Width l0 �,� (v) Floating []YesLMlvo e. (i) Are Platforms included? 03'es []No If yes: (ii) Number (ill) Length (ter (iv) Width (° (v) Floating [Rfe-s ❑No Note: Roofed areas are calculated from driplins dimensions. g. (i) Number of slips proposed v (ii) Number of slips existing 0- i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ]i1olpen water; no dredging required []Other; please describe: k. Typical boat length:) � m. (1) Will the facility have tie pilings? []yes ZO (ii) If yes number of tie pilings? CS ❑This section not applicable to. (i) Will the faciiby be open to the general public? ❑Yes 260 d. (i) Are Finger Piers included? ❑Yes ZNo If yes: (ii) Number (ill) Length _ (iv) Width _ (v) Floating []Yes ONO f. (i) Are Boatlifts included? []Yes ONO If yes: (ii) Number _ (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service XDodkage, fuel, and marine supplies ❑ Dockage ("wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). -R--LA)4$oOT Nnu 26 20N I. (1) Will the facil' be open to the general public? DCM-MHD CITY ❑Yes No RECEIVED DCM WILM NG ON, NC OCT 22 2014 252-808.2808 :: 1-8684RCOAST :: www.nccoastalmananement.net revised: 12/27/06 Form ®CM MP-4 (structures, Page 3 of 4) n. Is the marina/ cking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes 2rNo o. Is thernadna/docking facility proposed within or adjacent to coastal wetlands/marsh (CM, submerged aquatic vegetation (SA0, shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑�K CW _ L"J ❑SB p. Is the proposed madnaldocking facility located within orwithin close proximity to any shellfish leases? ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.' a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community, (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. ��egai�r�pc§h@elpieefq C ,rotn,S a. (i) Number (ii) Length / (iii) Width 1 a. Length b. Average distance from NHW, c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): ❑Commercial ❑PubliclGovemment ❑Private/Community, c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if prase a.Are of the swing J or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) OCT 2 2 2014 252-808-2808 :: 1-BB84RCOAST n www.necoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Note: For buoy or mooring piling, use arc of swing including length of vessel. -----c.--Width of water body- e. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No ❑NA (li) If yes, explain what type and how they will be implemented. a. Give complete description: Date s+ � Project Name b. Proximity of structure(s) to adjacent docking facilities. d. - Water depth at waterward end of structure at NLW or NWIL --- N L- (,L% - 2 N14w 3L ❑This section not applicable': RECENED NOV 2 6 2014 DCM-MHD CBy RECEIVED )CM WILMINGTON, NC u ; 2 2 2014 282-808.2808 :: 11•888411lCOA84:: www.riccoastalmananament.net revised: 12/27/06 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 4, 2014 Division of Coastal Management MEMORANDUM: W FROM: SUBJECT: Applicant: Project Location Heidi Cox Environmental Engineer Public Water Supply �1 NOV 0 4 2014 Division of Water Resources W-RO - Public Water Supply John E. Skvarla, III Secretary Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review Eugene Hadley 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek, in Wilmington, NH Co. Proposed Project: Construction of 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 November 27, 2014. 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. SIGNEC" loa-KQ CU� DATE RECEIVED N.C. Division of Coastal Management Nf1V 0 6 Mill Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215\ FAX: 910-395-3964Internet: www.nccoastalmanagement.net DCMaviHDCOY An Equal Opportunity \ Affirmative Action Employer r PIMA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 4, 2014 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NH DEH Shellfish Sanitation Section John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Eugene Hadley Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek, in Wilmington, NH Co. Proposed Project: Construction of 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 November 27, 2014. 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. X— This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED L�2� 0(,GK DATE 11W(y RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 Nov 12 2014 Phone: 910-796-7215 \ FAX: 910-395.3964 Internet: www.neoDastalmanagement.net DCM-MMD CITY An Equal Opportunity 1 Affirmative Acdon Employer ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. IS 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 -AdIdressed to: Ka4 i e S4<fvU-Z CIO To0, Lunn/t)kA—�. 11 lir4 Arb#rt-fum D-, 2. Article Number (Transfer from service lad �i PS Form 3811, July 201 NC unn; ❑ Agent D. Is delivery address 9ifferant from item 17 ❑ Yes If YES, t ❑ No DCM WILMINGTON, NC Nov o 6 2014 3. Service Type ❑ Certified Mai® ❑ Priority Mail Brass" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery DCU4vVm V C V Restricted Delivery? (Extra Fee) ❑ Yes 7014 0150 0000 8725 0530 Domestic Return Receipt UNITED STATESf$ffljL%5R6WM, J. Etjf >`E "� - first-0lass Mail ge & Fees Paid US • Sender: Please print your name, address, and ZIP+4® in this box* 317 &-o-dI¢) ,Iml`�S I 4c, IeI L' r K P4, I ecr. /NC a c,�y o 3 rIIIr+IIldttil,11,IIIII-III.I,I'IP[III, hhlhldw�111 j■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. g ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: NOV 122014 2. Article Number (transfer from service la_., PS Forrn 8M 1, July 2013 j I��Q/l�(//��PiJi•El Agent ❑Addre ived of IIU✓dIG.4lnledu I1�Date of II Is delivJy address drttere//qmy�w.em 1? Yes If YES, enterGafrv6iy 6d&lssalw: ❑ No L)CM WILMINGTON, NC Nov 0 6 2014 3. Service Type certified Made 11 Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 1 4. Restricted Delivery? Pam Fee) ❑ Yes 7010 1060 0000 8474 9784 Domestic Return Receipt UNITED STATES+.pAOiPf"i WELL 'RIG..uiS IrrSP M nn AO stage & Fees Paid Cjncis'uit Carntincq:�>Kca U 23 OCT' 20 i-4 V, 3i 11 Per ' No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box* 1-4 ISM(2S w J0►�eS HI;22 111)1I1b-ill, 11111h11,111il' 11fal111111?I1,11!Nu"llill'111 afflO NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary AGENT AUTHORIZATION FORM Date: i(1 -1 2010 Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: G�tJZ H RL9-(r ,�n N EC- 'I6UeS Owner's Mailing Address: u)J1 N L 2-3� do '3 Phone Number fCilc)) 501 — 15-03 Agent's Mailing Address: 5- 2-1 QJe4L 00 Wt(_ N .cy Phone Number f1lo ) 3gi5--L}gTf?/ 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 or construct the following (activity): For my property located at This certification is valid thru (date) 3R0 " .C. _Fs LfOT RECEIVED N I' t � NOY 12 znN Property Owner Signature Date DCM.fMvHDplfiy {k CEIfVED DCM WILMINGTON, NC One 127 Cardinal Drive Ext., Wilmington, NG 28405 N O V O s 2014 No thCar01)Tla Phone: 910-796-72151 FAX: 910-395,3964Internet: www.nccoastalmanagement.net Allhl An Equal Opportunity 1 Afinoative Action Employer y CERTIFIED MAIL • RETURN RECEIPT REQUESTED 9 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Address of Property: D Lwj CR�s—r, , i I L (Lot or Street #, Street or Foad, City & County) Agent's Name #: 3W05 w 306- Mailing Address: ��i 2 4IJ bP Agent's phone #: 9110 — [ 4�1�j �J rL�4 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.N.. t 2 X9 If you have objections to what is being proposed, you must notify the Division of Coastal Management(" 110HCV , r_Wy 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.) RECEIVED I do wish to waive the 15' setback requirement. DCM WILMINGTON, NC %_-' I do not wish to waive the 15' setback requirement. NOV O 6 2014 (Property Owner Information) Signature Gem,e_ 1-I���u/ Print or Type Name I� Be Mailing Address ikI, N, Cny/State ip qe -sir Telephone Number Date (Adjacent Property O ner Inf rmation) Signature E —01 A Print or Type Name Mailing Address W\L-xA\ 3G70-0, NC 2bQ. 7 City/State2ip 6110 352-o14b Telephone Number to ZS Date 0W-i- T2 Revised 6/18/2012 Recommendations for State Permit— Eugene Haley 11/03/2014 The total area of floating dock and platform were calculated as follows: RECEIVED Shoreline length =160' x 8 sq. ft. =1,280 sq. ft. allowable. Proposed floating dock = 96 sq. ft. NOV 0 6 2014 Proposed covered platform = 256 sq. ft. DCM-MHo cm Total = 352 sq. ft. It is the staffs recommendation that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the'/. width rule, the eight square foot rule and the pier width rule. This office has no objection to the proposed work, provided it is consistent with all state and federal permitting requirements. Any permit issued should include the following conditions: 1. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures maybe conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall notexceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing orfuture operations undertaken by the United States in the public interest. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 8. This permit authorizes a maximum of two (2) boat slips. At no time shall more than two (2) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 9. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. 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. A&LV4 NC6 R North Carolina Department of Environment and Natural Resources Pat McCrory, Governor November 4, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Eugene M y4Llajor Public Notice John E. Skvarla, III Secretary RECEIVED Nnv 0 6 2014 DCM-MHD CITY Kyle & Heather: Please publish the attached Notice in the Thursday, November 6, 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 & Customer Support Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Cmmbley - USACE Michele Walker- DCM N. C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affnnalive Action Employer RECEIVED NOTICE OF FILING OF NOV 0 6 2014 APPLICATION FOR CAMA MAJOR DCM-MHD CITY DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, On October 22, 2014, Eugene Hadley proposed to construct a private docking facility at 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek, in Wilmington, New Hanover County. A copy of the application may be examined or copied at the office of Robb Mairs, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 27, 2014 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. MAJOR PERMIT FEE SCHEDULE Eugene Haley / $250 / New Hanover Co. DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, noncommercial 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 etlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if eneral Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if eneral Water Quality Certification No. 3490 See attached can be lied: S400 100% $400 00/. $0 III(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 III(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 xcavabon of more than one acre of wetlands nd/or open water areas: $475 60% $285 40% $190 aECF,VED NOV 0 6 2014 DCM-MHD CITY vti Date t Check I I Received Check From (Name) Name of Permit Holder Vendor Number Check amount Permit Number/Comments 101141ZU14 Samue, VV. or I racy nary rv,mwe aounu mmvu aoi 1 ua, „w. 10114/2014 Coastal Marine Piers Bulkheads LLC Ken Kollingttransfer to Shawn Nasseri Wells Fargo 19854 10/15/2014 Edward Stokes Parrish or Margaret Waller Parrish Historical Society of Topsail Island PNC Bank 804: 10/15/2014 First Community Bank certified check Maritime Coastal Const./VJ,II,am Thoma.Moneygram Payment Sys. In 35069222 10/1I2014 First Community Bank certified check Maritime Coastal Const.Nyilliam Thome Moneygram Payment Sys. In 35067797 10/15/2014 Connaway Marine Construction, Inc Amanda Chaney &Lee Thornton 6 of A _ 6852 10/16/2014 Richard L. or Erica J. Penny same USAA Federal Savings Bank_ _ 716 _ _ _ 10/1712014 MoneyGram/Brandon Grimes _ Wells Fargo Bank 59098505697 _ 10/17/2014 Western Union Money Order/Brandon Grimes Paul Fomwald Wells Fargo Bank 17-081677370 10/17/2014 Western Union Money OrdedBrandon Grimes Welts Fargo Bank 17-058990188 _ 1011712014 Allied Marine Contractors LLC _ Daniel Winfield _j_ B of A 6873: _ _ _ _ _ 10/17/2014 Samuel W or Tracy Clary _ _ same - _ TSunTrust _ 4142 _ _ 10/17/2014 John Allen Odham III, Nancy Odham _ John Gray Hunter, Jr. _ _ PNC Bank 946 _ 10/17/2014 Holden Dock&Bulkheads - Simpson _ jFirst Community Bank _ TSunTrust 5928' erbeck Ma 10/20/2014 Ovnne Consbon Inc ucfi Bill Wagoner _ 4347 _ _ 10/21/2014Merril or Louis LeMoine _ same BofA 143 10/22/2014 Eugene Haley & Elizabeth Haley _ same B of A 1594 and mod. MP 181-07 a, MP 86-05 checkfees/checks 2659 & 2657 GPs 63273D & 63254D 64097D ($800 total) @346 Admeals Court,_ Bolivia J. Fee, 164 07 orfee, 406 N Shore Dnve, SC_ ,ley, NHCo f00K P"t 2 3 9 9 0 0 38 RECEIVED rmo.00 Prepared by: Thomas B. Wunalee, rV. Esq. 0 A 1014 SBAMQ,IN i McDAiIEL, L.L.P. 214 Market Street ."A 1 �"�lbQiY Post Office Box 1347 Wilmington, MC 28402-1347 RECORDED & VERIFIED Telephone: (910) 762-9400 WART W DOTS Telefax: (910) 251-1773 CP2133wf.DOC/11129.001 aV RECISfEN OF DEEDS NEW HAHOVER CO. NC Revenue Stamps: $1,720.00 am Imes as W overt" Brief Description for Index: Bradley Creek Point " $1720 O0 Tax Parcel I.D. 8: R06300-001-004-000 s &WApr[�mm A Esrils Tax STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DEED made this 5 day of June, 1998, by and between WILLIAM G_ FARIS and wife, GLADYS G. FARIS, parties of the first part, hereinafter referred to as the -GRANTORS,- and BOGGBNiE T. BALKY and wife, ELI7-MUM A_ HALEY, whose mailing address is 317 Bradley Creek Point, Wilmington, NC 28403, parties of the second part, hereinafter referred to as the-GRAN7%ES. a [The designation Grancors and Grantees Y used herein *hall include said parties, their heirs, successors and assigns, and shall include singular, plural, rsculina, feminine or neuter as required by context.) 000119 W ITNES SBTH: THAT the Grantors, for a valuable consideration paid by the Grantees, the receipt of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto the Grantees, their heirs and assigns, in fee simple forever, all that certain lot or parcel of land situated in New Hanover County, North Carolina, and being more particularly described as follows: BEGINNING at a concrete monument in the southern right- of-way line of Bradley Creek Point Road (60.0 foot right- of-way) said monument being South 63 degrees 28 minutes Nest 5.0 feet (chord distance) from the northeastern end of curve #13 as shown on the map of Bradley Creek Point - dated November, 1968 by Howard M. Loughlin, Registered Land surveyor, recorded in Map Book 10, Page 27 of the New Hanover County Registry; running thence from said beginning point along the said southern right-of-way line of Bradley Creek Point Road North 63 degrees 28 minutes East 5.0 feet to a point at the northeastern end of curve N13 as shown on said map; thence continuing along the said southern line of Bradley Creek Point Road North 64F _ JWMY W.PORTER Aftaft At Lary 711 Pdnass SL-.: r4 WMnigbNO 28W1 NC BOOK PACE 2394 0039 degrees 35 minutes Bawt 118.S2 feet to a concrete monument in the said southern line of Bradley Creek Point Road, the weaterwaost corner of the Garland B_ Garrett, Jr. tract; thence South 28 degrees 04 minutes 30 seconds Bast 273.68 feet to a concrete monument near the high water line of Wrightsville Bound, said monument being in the traverse line sham on said map, said traverse line being more or less along the high water line of Wrightsville Sound; thence along said traverse line South 47 degrees S1 minutes West 45.99 feet to a concrete monument on said traverse line; the continuing along said traverse line South 67 degrees 18 minutes West 113.97 feet to a concrete monument, in said traverse line, said monument being the easternmost corner of the tract described in deed to Alston W. Stafford and rife, Katherine S. Stafford dated October 7, 1971; thence leaving said traveree line North 21 degrees 02 minutes 30 seconds West 281.98 feet to the beg'nniw concrete monument in the said southern line of Bradley Creek Point Road, said beginning concrete monument also being a corner of said Stafford tract and being a portion of the property shown on the aforementioned map of Bradley Creek Point, together with a right-of-way and easement for ingress and egress over and across all of Bradley creek Point Road (a private road) shown on said map. Together with all right, title and interest of the party of the first part to that land between the low water line of Wrightsville Sound and the aforementioned traverse line, being bounded on the Bast by an extension to the South of the eastern line of the above described tract and on the West by an extension to the South of the western line of the above described tract. But this conveyance is made subject to certain restrictions as to the use thereof, running with said land by whomsoever owned, and which are expressly assented to by said parties of the second part in accepting this deed for themselves, and their heirs and assigns, in title forever, said restrictions being as follows: 1. Said tract of land shall be used for single family residential purposes only and may not be used for commercial purposes, and no dwelling shall be erected other than one detached single family dwelling, not to exceed two and one- half stories in height and a one or two car garage. 2. N6 building shall be located on said tract nearer than fifty (50) feet from Bradley Creek Point Road and not nearer than fifteen (15) feet from the sides of said tract. -2- _ RECEI D :Cl1t4`•WILMI ON, NC '}CT 22 14 Y!� awwA FArt 2394 0040 3. No noxious or offensive trade or activity Shull be carried on or maintained upon said tract or part of any tract, nor shall any use be made of any portion of said property which may be or became an annoyance or nuisance to the neighborhood. 4. so trailer, mobile home, basement, tent, aback, garage or garage apartment, barn or other outbuilding erected on the tract shall at any time be used as a residence, temporarily or permanently. 5- The plans and specification of all buildings which shall be erected on any lot shall be subject to approval by S 4 G Prestress Company or its designee, and the tract cannot be subdivided without the approval of said S 4 G Prestress company, its successors, assigns or designee, and the residence shall contain not less than 1,600 Square feet of heated living area (excluding patios, porches and garages). 6. Party of the first part agrees to grant and convey to Carolina Power i Light Company and southern Bell Telephone E Telegraph Company rights of ways over, through and upon the street or roadway shown upon the above map for the purpose of installing utilities. 7. These covenants are to run with the land and shall be binding on all parties and persons claiming under them until January 1, 1988, at which time said covenants shall be automatically extended for successive periods of ten years unless by agreement with S 6 G Prestress Company, duly recorded, said restrictions are amended or terminated- 6. If the parties hereto or any of then, or their heirs and assigns, shall violate or attempt to violate any of the covenants herewith, it shall be lawful for S 6 G Prestress Company or any other person or persons owning any real property conveyed by S 4 G Prestress Company out of the tract of land from which the above tract constitutes a part, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant, and either to prevent him or them from so doing or to recover damages or other dues for such violation. 9. Invalidation of any one of the covenants by judgment or court order shall in no way effect any of the other provisions which shall remain in full force and effect. BEING the same property conveyed to Grantors by that instrument recorded in Book 1042 at Page 750 of the New Hanover County Registry on September 30, 1975. -3- RECEIVED NOV 0 61014 ` DCM-MHDCIN t '* Pa NC \�X BOOK PACE 2394 0041 TO HAVE AND TO SOLD the aforesaid lot or parcel of land and all privileges, easements and appurtenances thereto belonging to the Grantees, their heirs and assigns, in fee simple FOREVER. And the Grantors covenant with the Grantees that the Grantors are seized of the praxises in fee simple, have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, except as set forth herein, and the Grantors will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Ad valorem taxes for the current year and thereafter; 2. Restrictions of record applicable to said lot; 3. Easements to public utilities of record; and 4. Zoning and/or subdivision ordinances and regulations. IN WITNESS WHEREOF, the Grantors have hereunto net their hands and seals the day and year first above written. %. - M `_ — (SEAL) WILLIAM G. FARIS OMMMkIrM ReTl«irlw•/ STATE OF NORTH CAROLINA S�J1�Y • � � :r I, d4!tD ,N 6- A5/.&o , a Notary Public of the County and State aforesaid, do hereby certify that WIL LAM G. PARIS and wife, GLADYS G. FARIS, Grantors, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial stamp or seal, this the "day of June, J.%JJ6m. STATE OF NORTH CAROLINA Nm Names County NOvp fNm,b711bic 6/+RmOlb1 bW ytl. naa< l aya�♦ ,dam W+7 Sys 0.b, fg41s H4,8 .y. ft/J wy/ _Li 7/AUYwM REGE1 0 DCM WIl.M1D�TON, CDERR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 3, 2014 Mr. Eugene Haley 317 Bradley Creek Point Drive Wilmington, North Carolina 28403 Dear Mr. Haley: John E. Skvada, III Secretary RECEIVED Nnv 0 6 20 DCM-MHD CITY The Division of Coastal Management hereby acknowledges receipt of your application for the proposed development at your property located at 317 Bradley Creek Point Drive, adjacent to Bradley Creek/Greenville Sound, in Wilmington, New Hanover County. It was received as complete on October 22, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 7, 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 October 22, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an.application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincere , �. 1, obb L. Mairs Field Representative Wilmington District Office N.C. Division of Coastal Management cc: Jonathan Howell, DCM Tyler Crumbley, USACE Linda Painter, NH Co. James Jones, Agent N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equal opportunity \ Affirmative Action Employer \T()'1'ICI: CAMA PERMIT APPLIES FOR adj . in mina on e w Hanover County. COMMENTS ACCEPTED THROUGH Arove.,,b er APPLICANT: RECEIVED FOR MORE DETAILS CONTACT Nnu 062014 THE LOCAL PERMIT OFFICER BELOW: r Robb Maim, Field RepiewentativLy— For Eugene Hadley 910-796-7423 �° -c 4,AP ooi11 —del f�JCiL St-A.DO - aLOO &xmu sdm-�, — ti - lyr*"a N J I J I .tMN I I 105 •JON ze3idJ - - - a od i 1 � Z— �I anrr-r 'dam ,5�. vj G406 IbXic ,V*K-.;,t4 I-a'I ' Z w � v.' I , � v 4 knee D, RECEIVED Mnv 0 6 2014 )CM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 2 2014 S4 q, r ary�wwntyv� y C fy*7i4 y J H60se M 'y N PROS_ pzp- DUv pek ^ (=eNe tiHLJL-� V D6 OWY - g� — -ernes np-Q3 oo3 r2 — 20(L/ , Cfftue_ 54ee fi D- o P 3 Dee< ' Z w i cz O � � �s G y26E -FLC"4rna fl, RECEIVED �tnv 0 6 2014 UCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 2 2014 I V I d r .16` Rep. "he Po065"J p6t{ r m P �Imf� ,!" 4,4 -Z s \Ibg/ 1311ae L/N2 pimp Manse N — U z z 00 >O Q w z ea wM D CC U O OW► k --C=eNQ +tNLV-y DF,Ow,✓ - P-q — Tames Tames 067re - oe7-15 2011/ WhL,e— I/100 54ee t a o � 3 6toz z 9 Ao ON 'NOlcJNIVOM V400 (13A1303N m 5 rutl��'"FS-91x� �-iaU �71 aS �S !p'N�+ y02e? J,X 91 c s � �7 Itc n �3 \ cc r RECEIVED NOV IS 2M DCM-MHD CITY M r I J I � r IJ 00 I �2' I i 1 po 0 6� I � Q�I YX/%fh'6� p6ose m N ge 3o m N C) Cb m c O a:. U - O ®UJ F- W Z s, U2 r;=s LU U 6 ts� Rep. yt�e C roPoseo� QIGfi�er►� � i� v /11, PRO Kjsk4)_ pk,ep2 bWpek —(SCNq tlllLJV-y DRM)J - Pam/ - TRmeS TOURS Do: -re. - orT-1�- ?O,q S -ALe_ 1 /too 54ee fi a o � 3 0 MP�gSl+ i � Z W I W o i v n fb0s G A'06 Yl& 40. RECEIVED DCM WILMINGTON, NC OC; 222014