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117-15 Porters Neck HOA
I Permit Class NEW Permit Number 117-15 STATE OF NORTH CAROLI G E I V E D Department of Environmental Q and OCT 3 0 Z015 Coastal Resources Commission L+OpY PMUtt DCM- MHD CITY for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 . X Excavation and/or filling pursuant to NCGS 113-229 Issued to Porters Neck HOA, c/o CAMA Management,1612 Military Cutoff Rd., Wilmington, NC 28403 Authorizing development in New Hanover County at adi. to AIWW & Middle Sound, at 8344 & 8640 Bald Eagle L.n. Wilmington, as requested in the permittee's application dated 3/23/15(MP-1-3) sP; 3/15/15 (MP-4), incl. attached drawings (13), 8, 9, & 17-20 dtd. 3/23/15, 10-14 did. 3/25/15, 15 dtd. 5/20/15 & 21 dtd. 4/29/15 This permit, issued on October 16, 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 tines, imprisonment or civil action; or may cause the permit to be null ana voia. BuMbead 1) The bulkhead shall be constructed immediately waterward of the existing deteriorated bulkhead. 2) The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 3) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. (See attached sheet 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 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that (� your project is consistent with the North Carolina Coastalr!_^Ar��Mnl�/�t�_ Management Program. Q o"'�— J Signature of Permittee Porters Neck HOA Permit No.117-15 Page 2 of 4 ADDITIONAL; CONDITIONS 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 8) All backfill material shall be clean and free of any pollutants except in trace quantities. Excavation 9) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 10) Excavation shall not exceed -2 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 11) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 12) No excavated shall take place at any time outside of the alignment indicated on the attached workplan drawing(s). Spoil Disposal 13) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 14) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 15) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. 1 t= Porters Neck HOA Permit No.117-15 Page 3 of 4 ADDITIONAL CONDITIONS. RECEIVED Boat Ramp Extension OCT S 0 W5 16) The boat ramp extension shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live "C QUIked to contact waters of the State or waters that will enter waters of the State. Kayak Storaee Racks 17) Unless specifically altered herein, the Permit authorizes the construction of two kayak storage racks each at 8540 and 8344 Bald Eagle Lane. Any additional land disturbing activities and/or construction shall be evaluated on a case -by -case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. Contact a representative of the Division at (910) 796-7215 prior to the,commencement of any such activity for this determination. 18) No portion of the approved kayak storage racks shall be located within 30 feet of the normal high water line at the time of construction. Dock Reconstruction 19) The reconstruction of the floating docks associated with the boat ramp shall not exceed the dimensions o the existing floating docks. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 21) A ground cover sufficient to restrain erosion shall be provided withip 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backtilling activities. General NOTE: The Division of Coastal Management does.not have jurisdiction to determine private property ownership matters such as easement rights; deeded access rights, or parking area use regulations. This CAMA permit confers no such rights to the Permittee or to other parties who may have rights to use the site of the proposed development. Any questions regarding these private property ownership issues are more properly determined in the general courts of justice. 22) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the area depicted. on the attached workplan drawings. Porters Neck HOA Permit No. 111-15 ti Page 4 of 4 ' ADDITIONAL' CONDITIONS. 23) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management.. 24) The permittee and/or his or her contractor'shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 15-0514. NOTE: The U.S. Army Corps of Engineers assigned the project Action ID No. SAW-2015-01096. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. Permit Class NEW Permit Number 117-15 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 . X Excavation and/or filling pursuant to NCGS 113-229 Issued to Porters Neck HOA, c/o CAMA Management, 1612 Military Cutoff Rd., Wilmington, NC 28403 Authorizing development in New Hanover County at adi. to AIWW & Middle Sound, at 8344 & 8640 Bald Eagle Ln. Wilmin on. as requested in the permittee's application dated 3/23/15 (MP-1-3) & 3/15/15 (MP-4), incl. attached drawings (13) 8 9 & 17-20 did. 3/23/15, 10-14 dtd. 3/25/15, 15 dtd. 5/20/15 & 21 dtd. 4/29/15 This permit, issued on October 16, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may oe suoiect to imes, imprisonment or civu action; or may cause the permn to oe nun aim vom. Bulkhead 1) The bulkhead shall be constructed immediately waterward of the existing deteriorated bulkhead. 2) The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 3) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfrll the area behind the permitted bulkhead. 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on \December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Porters Neck HOA Permit No. 117-15 Page 2 of 4 ADDITIONAL CONDITIONS 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 8) All backfrll material shall be clean and free of any pollutants except in trace quantities. Excavation - 9) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 10) Excavation shall not exceed -2 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 11) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 12) No excavated shall take place at any time outside of the alignment indicated on the attached workplan drawing(s). Spoil Disposal 13) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 14) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 15) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and. such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Porters Neck HOA Permit No. 117-15 . Page 3 of 4 - ADDITIONAL CONDITIONS, Boat Ramp Extension 16) The boat ramp extension shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. Kayak Storage Racks 17) Unless specifically altered herein, the Permit authorizes the construction of two kayak storage racks each at 8540 and 8344 Bald Eagle Lane. Any additional land disturbing activities and/or construction shall be evaluated on a case -by -case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. Contact a representative of the Division at (910) 796-7215 prior to the,commencement of any such activity for this determination. 18) No portion of the approved kayak storage racks shall be located within 30 feet of the normal high water line at the time of construction. Dock Reconstruction 19) The reconstruction of the floating docks associated with the boat ramp shall not exceed the dimensions o the existing floating docks. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from constructionshall not -zsibiy, increase the amount of suspended sediments in adjacent waters. 21.) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days.of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly instailed immediately landward of the bulkhead cap immediately following completion of backfilling acti.vifies. General NOTE: The Division of Coastal Management does not have jurisdiction to determine private property ownership matters such as easement rights; deeded access rights, or parking area use regulations. This C.AMA permit confers no such rights to the Permittee or to other parties who may have rights to use the site of the proposed development. Any questions regarding these private property ownership issues are more properly determined in the general courts of justice. 22) - No vegetated wetlands shall be excavated or filled, even temporarily, outside of the area depicted.on the attached workplan drawings. Porters Neck HOA Permit No. 117-15 Page 4 of 4 ADDITIONAL CONDITIONS. 23) This permit shall not be assigned, transferred, sold, or -otherwise disposed of to a third party without the written approval of the Division of Coastal Management., 24) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 15-0514. NOTE: The U.S. Army Corps of Engineers assigned the project Action ID No. SAW-2015-01096. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources, DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Porters Neck HOA COUNTY: New Hanover PROJECT NAME: Porters Neck HOA Common Area Enhancements LOCATION OF PROJECT: 8344 & 8540 Bald Eagle Ln., adjacent to the AIWW and Middle Sound, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-20-15 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Mairs Q c DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: ✓n'l B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S400 PUBLIC NOTICE REC'D: 5-23-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: t� C) 75 DAY DEADLINE: S MAIL OUT DATE: 5-21-15 FEDERAL DUE DATE: END OF NOTICE DATE: 6-13-15 DEED REC'D: ON: 150 DAY DEADLINE: t 0 I7 STATE DUE DATE: 6-13-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency IO�Z L Division of Community Assistance Land Quality Section (DEMLR) b i-►S / / Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways 6 1-15 Wildlife Resources Commission Vilt5 I/ Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers qw5 b-1-1 5 ✓ 26. , All spoil,material shall be placed at least 30' from mean high water. 27. The disturbed areas will be properly graded and provided with ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 28. Spoil area must be inspected prior to beginning work by a DCM Representative. 29. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 30. The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 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 per mittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. RECEIVED MAY 2 61015 W6M-curry im" tions for State Permit — Porters Neck HOA The total area'of floating docks and platforms was calculated as follows: Shoreline length = 60' x 8 sq. ft. = 480 sq. ft. allowable Proposed floating docks to be replaced = 32' x 6' (not calculated due to alignment) and 6' x 12'= 72 sq. ft. Total = 72 sq. ft. It is staffs recommendation that the proposal to fill coastal wetlands and construct a new bulkhead waterward of an existing asbestos bulkhead is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands which states "suitable land uses shall be those consistent with the management objective in this Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere." The applicant is proposing to fill approximately 63 square ft. of coastal wetlands. The alignmentof the proposed bulkhead has minimized the impacts to coastal wetlands by limiting the distance waterward of the existing bulkhead to avoid impacts to and remediation of the existing asbestos bulkhead. It is the staffs recommendation that the proposal to fill coastal wetlands and construct a new bulkhead waterward of an existing deteriorating asbestos bulkhead are CONSISTENT with the Rules of 15 NCAC 7H.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures states "the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of an area eroded in the year prior to the date of application, to align with adjacent bulkheads, orto mitigate the unreasonable hardship resulting from unusual geographic or geologic features'. The proposed alignment will fie into the existing bulkhead to the northeast and southwest and is necessary to avoid impacts resulting from disturbance of the existing deteriorating asbestos bulkhead. It is the staffs recommendation that the proposed excavation of the area around the existing boat -ramp facility appears to be CONSISTENT with15 NCAC 07H.0208 (b)(1) and (2). It is the opinion of this office that the area for the proposed excavation is located in an area that has been historically in continuous use for launching and navigational purposes; however, it appears that portions of the proposed final project depth of -2' at NLW at the waterward portion of the existing boat -ramp appears to be deeper than the site conditions provided in State Permit No. 57-92 application package previously authorized. The project may not be considered maintenance dredging under the New Hanover County Land Use Plan Policy 3.20 which allows for maintenance exceptions fordredging located in Outstanding Resource Waters. If the proposed dredging component is considered new dredging instead of maintenance, then this portion of the project would be INCONSISTENT with 15 NCAC 07H.0600. Due to recent comments addressed from property owners in the vicinity of the project area on the apparent excessive traffic and congestion, this office has concerns over the existing boat -ramp facility and its compliance with State Permit No. 57-92. The submitted permit application referenced an addendum dated 2/25/1992 stating the intent on the part of the Porters Neck HOA, Inc. to adopt rules and regulations governing use. These uses included prohibitions to park on the street or extended boat trailer parking on the lots. The addendum stated the intent to maintain the community access sites in a clean and uncluttered condition, and to deny access to anyone not abiding by the rules. It is the staffs recommendation thatthe proposal appears that the project is CONSISTENT with NCAC 07H .0208(b)(6), including the eight square foot rule and the pier width rule. The proposed boatlift would be located entirely over open water. The construction would continue provide transient docking space at this location. It appears that the project is CONSISTENT with the use standards set forth in 15A NCAC 7H .0208(b)(6) (G)(iii), which requires that piers not exceed one-fourth of the width of the water body (the "114 rule"). In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the following conditions: The bulkhead alignment will approximate the mean high/normal water level at the time of construction. 2. The alignment of the authorized bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. RECEIVED 3. The bulkhead must be constructed prior to any back -filling activities. MAY 2 6 2015 4. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. Additional permit recommendations on next page 9 11 12. 13. No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 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. Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (910) 796-7215 prior to commencement of any such activity for this determination. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. 14. 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. 15. 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. 16. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pier -head line. 17. 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. 18. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 19. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 20. 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. 21. In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in conjunction with the Division of Marine Fisheries. 22. Excavation will not exceed -2.0' below MLW within the access channel. 23. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 24. No excavated or fill material will be placed at any time, in any marsh or surrounding waters 25. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. RECEIVED Additional permit recommendations on next page MAY 3 s rots 4.: NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor May 21, 2015 ,/'. Is •o5.24.o? MEMORANDUM: TO: Maria Dunn NCWRC WaRO / WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant 400 Commerce Avenue, Morehead City, NC SUBJECT: CAMA Permit Application Review Applicant: Porters Neck HOA V + '< MAY 2015 RECEIVED bt Ofl I?f01►t11lt Donald R. van der Vaart Secretary 11-12-09) r Project Location: 8344 & 8540 Bald Eagle Ln., adjacent to the AIWW and Middle Sound, in Wilmington, New Hanover Co. Proposed Project: Applicant proposes to enhance existing community common areas Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 13, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED�/{�;,.;-��� DATE ts-ants RECEIVED JUL 01 1015 N.C. Division of Coastal Management a�:ua-wnb u, 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement,net An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor Donald R. van der Vaart Secretary RECEIVED/NCDENR/DWR May 21, 2015 MEMORANDUM: MAY 2 12015 Water Quality Regional TO: Chad Coburn Wil Operati Regional Sectiice 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 Permit Application Review Applicant: Porters Neck HOA Project Location: 8344 & 8540 Bald Eagle Ln„ adjacent to the AIWW and Middle Sound, in Wilmington, New Hanover Co. Proposed Project: Applicant proposes to enhance existing community common areas Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 13, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C. Division of Coastal Management RECEIVED 127 Cardinal Ddve Ext., Wilmington, NC 28405 JUL d ZD75 Phone: 91 D-796-72151 FAX: 91 D-395-3964 Internet: www.nccoastalmanagement.net x&o: An Equal opportunity t Aftnative Action Ern foyer gi�t>; krm4 AFKWA r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor May 21, 2015 MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO ECEiVIE MAY 2 1 2015 BY: Donald R. van der Vaart Secretary 4m: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Porters Neck HOA Project Location: 8344 & 8540 Bald Eagle Ln., adjacent to the AIWW and Middle Sound, in Wilmington, New Hanover Co. Proposed Project: Applicant proposes to enhance existing community common areas Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 13, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: _,,,,,�his agency has no objection to the project as proposed. RECEIVED This agency has no comment on the proposed project. MAY 27 20b Nwwroolmw air, This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE , �/ N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.ncooastaimanaaement.net An Equal Opportunity 1 Affirmative Action Employer 1� AMA NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary May 21, 2015 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review RECEIVED Applicant: Porters Neck HOA MAY 27 1015 iJburWlnHj /:a! Project Location: 8344 & 8540 Bald Eagle Ln., adjacent to the AIWW and Middle Sound, in Wilmington, New Hanover Co. Proposed Project: Applicant proposes to enhance existing community common areas Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 13, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ' 0 DATE S Z I Its fl I� r I V w 1 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement,net An Equal Opportunity 1 Affirmative Action Empoyer Pat McCrory Governor May 21, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: NCDENR North Carolina Department of Environment and Natural Resource Dan Sams District Manager DEMLR - WiRO MAY 2 By. Donald R. van der Vaart Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Permit Application Review Porters Neck HOA Project Location: 8344 & 8540 Bald Eagle Ln., adjacent to the AIWW and Middle Sound, in Wilmington, New Hanover Co. Proposed Project: Applicant proposes to enhance existing community common areas Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 13, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED SIGNED DATE / ,41 LZ,,2G1S JUN 01 2015 �tu-turr rk }�ti�r N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone.910-796-72151 FAX, 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Atfirmadve Action Employer Pat McCrory Governor May 21, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: 4 NCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary MAY Oi,,J&on 2 � 2015 WJRO. 1/kc oea Heidi Cox Environmental Engineer Public Water Supply Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Permit Application Review Porters Neck HOA Project Location: 8344 & 8540 Bald Eagle Ln., adjacent to the AIWW and Middle Sound, in Wilmington, New Hanover Co. Proposed Project: Applicant proposes to enhance existing community common areas Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 13, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED N.C. Division of Coastal Management JUN 01 7015 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: vnvw nccoastalmanaoement.net An Equal opportunity 1 Afinnalive Action Employer NCDENR North Carolina Department of Environment and Pat McCrory Governor May 21, 2015 MEMORANDUM: TO: Anthony Law NC DOT New Hanover County DISTRICT 3 MAY 2 ti 2015 Natural ource CEIVEb Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review RECEIVED JUN 01 7015 Applicant: Porters Neck HOA ue.wrrinu �� Project Location: 8344 & 8540 Bald Eagle Ln., adjacent to the AIWW and Middle Sound, in Wilmington, New Hanover Co. Proposed Project: Applicant proposes to enhance existing community common areas Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 13, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: F 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 h DATE S /'1 /I S N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 ARomauve Action Employer RECEIVED JUN 01 206 9;M-uHi1 wuN 4 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary May 21,2015 RECEIVED MEMORANDUM: MAY 2 2 2015 DOA TO: Tim Walton STATE PROPERTY Dept of Administration OFFICE State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Porters Neck HOA Project Location: 8344 & 8540 Bald Eagle Ln., adjacent to the AIWW and Middle Sound, in Wilmington, New Hanover Co. Proposed Project: Applicant proposes to enhance existing community common areas Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 13, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. aEcE�vEo VeA " his agency has no comment on the proposed project. Jum 161p15 pAAOH A s � 1 This agency approves of the project only if the recommended change are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �T.J ATE RECEIVED N.C. 'visi of Coastal Management 127 Cardina ve Ext., Wilmington, NC 28405 JUN 15 2015 Phow 910-796-72151 FAX 910-395-3964 Internet: www.nccoastaimanagement.net lL&A4-f4HIJ (.4y An Equal Opportunity 1 Affirmative Action Employer RECEIVED JUN 15 2015 WM e��RECEIVED JUN 1 0 2015 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary May21, 2015 MEMORANDUM: TO: Linda Painter LPO New Hanover County FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Porters Neck HOA Project Location: 8344 & 8540 Bald Eagle Ln., adjacent to the AIWW and Middle Sound, in Wilmington, New Hanover Co. Proposed Project: Applicant proposes to enhance existing community common areas Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 13, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED i�v�1 � G� DATE , _ 1C) ',;tO j RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 JUN 15 10b Phone: 910-796-72151 FAX: 910-395-3964Internet: wwwnccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Empbyer Pat McCrory Governor May 21, 2015 MEMORANDUM:, TO: FROM: SUBJECT: Applicant: .- �40. RECEIVED JUN 1 0 2015. RUDER North Carolina Department of Environment and Natural Resource Donald R. van der Vaart . Secretary Linda Painter LPO New Hanover County Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28567 (Courier 11-12-09) CAMA Permit Application Review Porters Neck HOA Project Location: 8344 8 8540 Bald Eagle Ln., adjacent to the AIWW and Middle Sound, in Wilmington; New Hanover Co. Proposed Project: Applicant proposes to enhance existing community common areas Please indicate below your agency's position or viewpoint on the proposed project and retum.this form to Jonathan Howelir at the address above by June 13, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See.attached. This agency objects to the project for reasons described in the attached comments. SIGNED,�rr1 DATE n G N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 9IG-796.72151 Fed(: 910-395-3964 Internet: wwncooastalmanayement.net An Equa Opportunity 1 Affirm M AcWn Empioyer MEMORANDUM To: Doug Huggett From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, —Porters Neck HOA, Wilmington, New Hanover County Date: June 22, 2015 This project is consistent and not in conflict with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. The applicant proposes to enhance existing community common areas. The project is located at 8344 and 8540 Bald Eagle Lane, adjacent to the AIWW and Middle Sound in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ES, ORW and PT. Waters at the project site are classified as SA-ORW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, Wilmington -New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards, including dredging policy. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan. Cc: File ro�.DENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Doug Hugget, DCM Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Porter's Neck HOA Addendum DATE: 6/22/15 Donald R. van der Vaart Secretary On 6/18/2015 a site visit was conducted to determine the presence of Submerged Aquatic Vegetation (SAV) within the dredging footprint identified by the applicant. SAV was present and determined to be eel grass (Zostera marina). SAV was observed in three locations; the northeast corner of the floating dock and the extension, offshore directly in line with the bulkhead corner, and approximately 100 feet directly offshore of the leeward start to the dredge footprint. Densities were very sparse (less than 10 percent), and samples showed signs of boat propeller damage. Observations since 2000 have indicated that SAV coverage in North Carolina is expanding into previously unobserved areas. SAV filters water, stabilizes sediment, and provides refuge forjuvenile finfish, crabs and shrimp. Therefore it is my opinion that the dredging footprint is reduced to include the area directly in front of the boat ramp with the dimensions of 12.511. wide by 90ft. long, and a silt boom be utilized for one tidal cycle. These modifications should allow for adequate access to the existing facilities and accommodate the emerging SAV. Due to the evidence of SAV next to the floating dock that is proposed to be replaced, 24" stops are recommended to reduce the potential direct negative impacts to the habitat. Though the construction location is not within a Primary Nursery Area (PNA), PNA exists directly north, east, and south of the location. PNA's are essential for post -larval and juvenile species of finfish, crabs and shrimp because they afford food and protection during a venerable period of their life cycle. To minimize impacts of the maintenance dredging to the nearby PNA, the moratorium on dredging only from 1 April —30 September should be conditioned. The final project depth should not exceed -2 feet at mean low water, which is consistent with the connecting water body. Water flow in this area can be high due to the proximity of Rich Inlet. Every effort should be made to minimize the effects of suspended particulate on the nearby PNA or shellfish resources during dredging, transport, and deposition of spoil. Finally with the upgrades to the boat ramp and docking facilities, an increase in boat traffic is expected. All efforts should be made to reduce runoff to the water by redirecting to upland vegetated areas. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or gregiz.bodnarC�ncdenr.gov with further questions or concerns. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: www.ncdenr.gov An Equal Opportun%y I Af nnative Action Empioyer—Made in part by recycled paper Pat McCrory Governor May 21, 2015 MEMORANDL TO: FROM: SUBJECT: Applicant: REM NR North Carolina Department of Environment and Natural Resource RECEIVED MAY 2 G 2015 DCM-FIsherles WARO Shane Staples Fisheries Resource Specialist DCM Donald R. van der Vaart Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Permit Application Review PorterssN.eck,HOA-- Project Location: 8344 & 8540 Bald Eagle Ln., adjacent to the AIWW and Middle Sound, in Wilmington, New Hanover Co. Proposed Project: Applicant proposes to enhance existing community common areas Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 13, 20T5: If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE &It, (� N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nomaslalmanagement.net An Equal Opporlunily MIumalive Action Employer /MrA �ICYDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Jonathan Howell, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Porter's Neck HOA DATE: 6/11/2015 Donald R. van der Vaart Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant intends to enhance existing community areas. The first site (Site A) proposes to extend an existing boat ramp, replace floating docks and perform maintenance dredging. The second site (Site B) proposes to construct 63 linear feet of new bulkhead approximately one foot waterward of an existing asbestos bulkhead. Adjacent waters are classified as Outstanding Resource Waters (ORW) and, support shellfish harvest (SA). Though the construction location is not within a Primary Nursery Area (PNA), PNA exists directly north, east, and south of the location. PNA's are essential for post -larval and juvenile species of finfish, crabs 'and shrimp because they afford food and protection during a venerable period of their life cycle. To minimize impacts of the maintenance dredging to the nearby PNA, the moratorium on dredging only from 1.April — 30 September should be conditioned. The final project depth should not exceed -2 feet at mean low water, which is consistent with the connecting water body. Water flow in this area can be high due to the proximity of Rich Inlet. Every effort should be made to minimize the effects of suspended particulate on the nearby PNA or shellfish resources during dredging, transport, and deposition of spoil. Finally with the upgrades to the boat ramp and docking facilities, an increase in boat traffic is expected. All efforts should be made to reduce runoff to the water by redirecting to upland vegetated areas. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or gregg.bodnarC@ncdenr.gov with further questions or concerns. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: www.nodenr.gov An Equal OpporlunityWfilmalive Aclion Employer — Made In part by rergcled paper r' ncM MP-1 APPLICATION for Major Development Permit (last revised 12f27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Porters Neck Homeowners Association - Pnhoa PNHOA Marine Maintenance & Repair Applicant 1: First Name MI Last Name Site A - North Site -Community Boat Ramp 8540 Bald Eagle Lane, Wilmington, NC 28411 Applicant 2: First Name MI Last Name Site B - South Site - Park 8344 Bald Eagle Lane, Wilmington, NC 28411 I/ additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State PNHOA cl CAMS Management,1612 Military Cutoff Rd #108 Wilmington NC ZIP Country Phone No. FAX No. 28403 USA 910-256-2021 ext. 910-256-3794 Street Address (d ddferent from above) City State ZIP same as above Email Tomasuralisa@gmail.com, mysocry@yahoo.com, tannstrong@camsmgmt.com 2. Agent/Conhactor informadon Business Name To Be Determined. Obtaining Contractor And Dredging Quotes. Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No.I - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (A ddferent from above) City State ZIP Email MAY <Form continues on back> :EIVED e 7115 RECEIVED lel.ue pynH k14 DCM WILMINGTON, NC APR 2 9 2015 r , Fofm DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover County 8344 and 8540 Bald Eagle Lane Subdivision Name City State Zip Porters Neck HOA Community Property Wilmington NC 28411 - Phone No. Lot lil (it many, atfach additional page with list) 910 - 319 - 7266 ext. LOT 11-A SEC B , LT 35-A SEC B , I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project WA Intracoastal Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Middlesound e. Is proposed work within city limits or planning jurisdiction? f. 8 applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract 00 b. Size of entire tract (sq.fL) Site A and Site B are troth 60 feet Site A-19,200sq ft, Site B - 20,220sq. ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high we" or Site A - 19,200 sq. feet, Site B - 20,220 sq. feet, NWL (normal water leveo Site A - 3'-18', Site B - V-16 ®NHW or ❑NWL (If many lot sizes, please attach additional page with a hsf) e. Vegetation on tract Site A - River Birch, Red Maple, Crape Myrtle, Cherry Laurel, Shoreline Juniper,Pampas Grass, Grass Site B - Coastal Wetlands (marsh grass), Cherry Laurels, Crape Myrtle, Pines, Camelias, Shoreline Juniper. Grass, Live Oak, Palms f. Man-made features and uses now on tract Site A - Parking Pad, Driveway, Boat Ramp, Access/Security Gate, Bench, Bike Rack, Bollards, Railroad Ties Site B - Asbestos Bulkhead, 2 Grills, 2 Benches, 2 Picnic Tables, Bollards with Lock and Chain Security g. Identify and describe the existing land uses adiaceM to the proposed project site. Site A - Residential Site B - Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Site A - R-20S - Community Boating Facility (Attach zoning compliance certificate, if applicable) Site B - R-20S - Parks ®Yes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No MAY 2 k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No DNA Wk;wi-uar w If yes, by whom? N/A I. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ®No DNA National Register listed or eligible property? D15 Qur, 0CM WILMINGTON, NC Fc:m DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit <Fofm continues on next page> m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? Was []No (111) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Affach documentation, if available) n. Describe existing wastewater treatment facilities. N/A - Existing Wastewater treatment facilities Above - Question 4 m (ii) - Marsh grasses exist on Intracoastal Waterway side of Site B Seawall/bulkhead o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. Site A - Railroad be boarder with rocks,along south side entrance to boat ramp; prevents stornwater runoff onto south resident & Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment SPrivate/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. Site A - Paddlecraft and Boat Launching, Fishing, Water Recreation, Swimming Site B - Picnic, Recreational Area, Fishing, Kayaking c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where It is to be stored. Using Typical Marine Contstruction: Site A - Dredging - Barge, Backhoe, Truck Hand tools to assemble kayak racks; floating docks -constructed off site and installed after dredging is complete; concrete boat ramp extension will be formed before placement underwater. Site B - Hand tools to assemble kayak racks; Landbased machinery and equipment to encapsulate seawall. d. List all development activities you propose. Site A - Maintenance Dredging of 600 cubic yards to return to 1992 levels; Construct 2 free standing Kayak Storage Racks with capacity of 9 each, using pressure treated lumber; Replacement of 2 floating docks with bench, in kind, using pressure treated lumber, add a 16'x1 Sx 0.5' underwater concrete boat launch extension to existing boat ramp. Site B - Encapsulate spelling seawall (using vinyl backfilled with sand); Construct 2 freestanding kayak storage racks with capchly of 9 each, using pressure treated lumber. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? Site A - 0' Site B - 0' Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes SNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVED None MAY 2 6 20b I1k.iw-wufy I. Will wastewater or stomwrater be discharged into a wetland? []Yes ❑No SNA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No SNA j. Is there any mitigation proposed? ❑Yes ❑No SNA If yes, attach a mitigation proposal. RECEIVED C Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit 5°NIJ <Form continues on back> B. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative- b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly 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 age. 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 Norman Parker Smith Living Trust - William Norman Phone No. 910-01-3689 Address 8536 Bald Eagle Lane, Wilmington, NC 28411 Name James A. and Theresa R. Wicker Phone No. 910-686-5588/686-1755 Address 8600 Bald Eagle Lane, Wilmington, NC 28411 Name James Anthony Parker Phone No. 910-686-9897 Address 8340 Bald Eagle Lane, Wilmington, NC 28411 Name Merriman Family Living Trust - Grady and Suzanne Merriman Phone No. 910-686.9334 Address 8400 Bald Eagle Lane, Wilmington, NC 28411 g. A list of previous state or federal permits issued/for work on the project tract. Include permit numbers, penniltee, and issuing dates. 57-92 / A/o h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, d 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 Ad (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. RECEIVED I further certify that the information provided in this application is truthful to the best of my knowledge. Date 3/z ah ter Print Name _Stanley D. Weinrich MAY 2 61015 s' dyw-uunwrau" Signature ri �=Z, E I V E D Please indicate application attachments pertaining to your proposed project. DCM WILMINGTON, NC APR 2 9 2015 Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit ®DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC APR 2 9 2015 RECEIVED MAY 2 6 701S Wd 046-uynu r�" Form DCM 111i EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 159, 16 Width 45 15' Avg. Existing 0.5' 0.5' NA NA Depth Final Project 2' 2' NA NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sand 600 c. (i) Does the area to be excavated include coastal wetlandstmarsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 0 or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: N/A 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Spoil island 0228 - Northeast New Hanover Conservancy Approx. 400' x 200' c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? RECEIVED (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ®No ❑NA or other wetlands (WL)? If any boxes are checked, provide the MAY 2 6 2015 number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB 6K6;W-1WMW WIin ❑WL ®None (ii) Describe the purpose of disposal in these areas: N/A RECEIVED DCM WILMINGTON, NC APR 2 9 2015 Form 'DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABIUZATION ❑This section not applicable (If development is a wood grin, use MP4 — Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: 1' e. Type of stabilization material: Vinyl is preference. Receiving quotes for vinyl, wood, composite fiberglass and concrete. Site B g. Number of square feet of fill to be placed below water level. Bulkhead backfill 0_0 Riprap _ Breakwater/Sill Other _ i. Source of fill material. Sand provided by marine contractor. 1'x4'x63' (0.33ydsx1.33ydsx21.0yds) = 9.2 cubic yards 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No []NA If yes, (ii) Amount of material to be placed in the water 0 (iii) Dimensions of fill area 16'xl5'x0.F (iv) Purpose of fill Site A - Concrete Boat Ramp Underwater Extension will be poured and cured into form on solid surface, before placing in water after dredging. 5. GENERAL b. Length: 63' length x 4' high Width: 1' d. Maximum distance waterward of NHW or NWL: 1.0' - 2.0' f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ®No ❑NA (n) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Sand ❑This section not applicable b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas: N/A a. How will excavated or fill material be kept on site and erosion b. controlled? Fill used between encapsulation and original seawall will be kept in place using a concrete cap. Dredged material will be kept on boat/barge. C. (i) Will navigational aids be required as a result of the project? d. ❑Yes ®No []NA (ii) If yes, explain what type and how they will be implemented. WA What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Using Typical Marine Contstmction: Site A - Dredging - Barge/Boat, Backhoe, Truck; concrete boat ramp extension will be formed before placement underwater. She B - Landbased machinery and equipment to encapsulate seawall. (i) Will wetlands be crossed in transporting equipment to project site? [--]Yes ®No ❑NA III) If yes, explain steps that will be taken to avoid or minim4,�JCEIVED environmental impacts. N/A MAY 2 81015 yii;' a-twnu tiu,K rR- EI"VED DCiM WILMINGTON, NC APR 2 9 2015 03/23/2015 Date Porters Neck Homeowners Association Marine Maintenance & Repair Project Name Stanley D. Weinrich, President PNHOA Applicant ca RECEIVED MAY 2 610'6 Pt-Woonw *" RECEIVED DCM WILMINGTON, NC APR 2 9 2015 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 2 lots Site A - 2 Freestanding Kayak storage racks (hold 9 each) Site B - 2 Freestanding Kayak storage racks (hold 9 each), Encapsulate seawall c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? [:]Yes []No ®NA (it) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A i. Give the percentage of the entire tract to be covered by impervious and/or buift-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A j. Describe proposed method of sewage disposal. N/A I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, 'Wash down" and residential discharges). Site A - Kayak racks - middle of grassy lot, on north side. No discharge to waters. Site B - Kayak racks - middle of grassy lot, on north side. No discharge to waters Site A -8540 Bald Eagle Lane, Wilmington, NC 28411 Site B - 8344 Bald Eagle Lane, Wilmington, NC 28411 d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Area under each kayak rack (6x10') each would not be disturbed as kayak racks would sit on top of grass. f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. N/A h. Projects that require a LAMA Major Development Permit may also require a Stonnwater Certification. (i) Has a site development plan been submitted to the Division of Water quality for review? ®Yes ❑No ❑NA (it) If yes, list the date submitted: Submitted with attached CAMA major permit. k. Have the facilities described in Item (i) received state or local approval? ❑Yes [-]No ®NA If yes, attach appropriate documentation. RECENED MAY 2 6 7015 m. Does the proposed project include an innovative stor wowmy sw design? []Yes []NO ®NA If yes, attach appropriate documentation. (RECEIVED DCM WILMINGTON, NC APR 2 9 2015 Forni DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) N/A o. When was the lolls) platted and recorded? WA/- ,qlg l z Date PNHOA Marine Maintenance and Repair Project Name Stanley D. Weinrich Applicant Name Applicant S' n. (i) Will water be impounded? []Yes []No IBNA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes []No ®NA RECENED MAY 2 S 1015 Nb W,-low "M -H.v. RECEIVED DCM WILMINGTON, NC APR 2 9 2015 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ❑PubliclGovemment OPrivate/Community c. (i) Dock(s) and/or pier(s) III) Number 2 (iii) Length 66" and 6'5" by (iv) Width 32.5' and 12' respectively (v) Floating ®Yes ❑No e. (i) Are Platforms included? ❑Yes ONO If yes: III) Number (iii) Length (iv) Width (v) Floating ❑Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 0 III) 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 ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: < 22 feet El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ONO d. (i) Are Finger Piers included? ❑Yes ONO If yes: (ii) Number (iii) 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 ❑ 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: Site A - Day Dock - recreational and temporary boat tie up and launching... j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Paddlecraft and open runabout less than 22ft. RECEIVED MAY 2 6 206 fe m,vanw blur I. (1) Will the facility be open to the general public? RECEIVED DCM WILMINGTON, NC APR 2 9 2015 Form 'DCM MPA (structures, Page 2 of 4) in. (i) Will the facility have tie pilings? []Yes ®No ®Yes []No (ii) If yes number of tie pilings? 3 existing tie pilings will remain and are used to stablize floating docks. 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: N/A; Location: N/A ❑ Showers ❑ Boathokfing tank pumpout; Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. N/A C. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A e. (I) Give the location and number of *No Sewage Discharge' signs proposed. N/A (ii) Give the location and number of "Pumpout Available" signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, N/A sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? N/A It. Give the number of channel markers and 'No Wake' signs proposed. N/A i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. N/A RECEIVED j. What will be the marina policy on overnight and live -aboard dockage? Day dock only; temporary boat tie up and launching MAY 2 S 2015 Nbua-,wnu bu+ k. Describe design measures that promote boat basin flushing? N/A FRi- ECEi En DCM WILMINGTON, NC APR 2 9 2015 Form 'DCM MP-4 (structures, Page 3 of 4, I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ®Yes []NO o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑cw ❑SAV ❑SB ❑WL ®None p. Is the proposed 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 coveted lilts) ®This section not applicable a. (i) Is the boathouse structures): ❑Commercial ❑PublicIGovemment ❑Private/Community (ii) Number (iii) Length Qv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. Na rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sneetpile, etc.) ®This seclion not applicable a. Length b. Average distance from NHW, NWL, or wetlands RECEIVED c. Maximum distance beyond NHW, NWL or wetlands MAY 2 61015 in.iw-iianw 64* 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): []Commercial ❑PubliclGovemment ❑Private/Communily Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) Z i ll a APR 2 9 2015 Forth bCM MP-4 (Structures, Page 4 of 4) e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Southern adjacent riparian property line - 22.6' Southern adjacent riparian dock - 170' Northern adjacent reparian property line - 29.0' Northern adjacent riparian dock - 90' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 736' across width of Intracoastal Waterway e. () 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. WA d. Water depth at waterward end of structure at NLW or NWL Site A-0.5' & OTHER ®This section not applicable a. Give complete description: N/A 03/15/2015 Date Porters Neck HOA Marine Maintenance and Repair Project Name Stanley D. Weinrich, President PNHOA Applica Name Applicant Sigaalure RECEIVED MAY 2 6 208 N1.. W 1Wntil,id" RECEIVED DCM WILMINGTON, NC APR 2 9 2015 w ,op ,Oh oS FSQI� Olt ti dh'b?/ liv?E W, rmttwo7_ v tS v dd?v Q-vif 7 �WY 07 rVIA4 gN+yvly (doN�✓J? �n�;y»�SSY Sv3�'r+o�L/rrP �'�3�'Sv�s�9�f Si/£ tm/£ viva 7/71 0�=� / I�, 6 do 90 i a (e0 � m a m � GNGTI. � � a r� m N6R/n ni 2 S 4 0 JSH4L-u CToLC LNNL wlthwffDN Nc a&ya #.S'DotoGc Aqo yo-t? Lau TI Duo o. lac! S' 3 /A3//s PORTC•Ac luEuc IJOA NoA�f# RAWAI t,� AcaiSf MAW hgiv-rf,uRdCC- AND 2E�i►A strt q curJtjoN,rLj IQAyi I' pRcaGt a(,6 yus3 sullfa _/Sge Hnfem10,2o1s 0 lao )�4 r;Z,11Z df: hIMTS I P FttT yca0 •4' I J 3' I Irutti _Lj IN Fec = nto aGPi �, a Fcfr /')l16 Porters Neck Homeowners Assoclation I�RUPGSd() 8 6 A T RAMS PNHOA Marine Maintenance &Repair o m a n Site A - North Site -Community Boat Ramp 8540 Bald Eagle Lane, Wilmington, NC 03/23/2015 l Z L 6W 7,bE W�9�E R 411,1E �Eg�' fN GK EX15T,iA)G �ScAl3S 8it r/fIc c> SLOPE aj n 20 SLAB _ ~l� JAI cfl L RI E )!►s�lNlr , N ►' r2' �< 13 4 SLAB = oM ��rGAS 0£c14c Ho 91 TL A ta& R7 RAMP WE W It 4 SLHb S-SyD SAL a Fn6cE LANE S € y m 3 O �V c lot%, Porters Neck Homeowners Association ` PNHOA Marine Maintenance & Repair ¢iTxr:l �v, y Site A -North Site -Community Boat Ramp 8540 Bald Eagte Lane, Wilmington, NC �'in Ir 03/23/2015 IF f 14/rrG, inll� i.f f w, a .t. .o f y I .-mot 1pp ��� All��+.,ir ,, � '•pp f°%1F' �"k �x�a�'i���'f��i��^�s'S%�s�� s d� �.��i'y�r .�.2�+„ '� +�'f�[3� - ,. I.n�r ii F, [HIS I "MR3 zm� Penal 0 Porters Neck Homeowners Association PNHOA Marine Maintenance ft Repair Site B - South Site -Park 8344 Bald Eagle Lane, Wilmington, NC 03/23/2015 �v io �yWlN ��w i L 70.-p/7 ii✓7M� IhV%S s f�� w m W a C. '77l�onVs c � • Nyzs j tfnb`l>,91V ;19ntt9�xi �b1SBo9 Y .A 97/f L47fJS w. t+�lA TL�I$ -Jldt.4 �}pjt s32�dbn)N`J .eY���� , 7ksvo� Y� J17m! n y2n eau JU 74--05 -9rg1YI7t3 n4/n /Ql U z U J W 2 �'5E s U Syr/nsd'n� 4�SWatld �}� !J P ci-l� - t i1 bide - gt/ S Y!✓d3?/ V/tY ? �'vfrr�+�,r r', �,�.,� �� {"Nd^'9_Cs�i�D�iil :i/:N^tPi✓^i,l-` y�i/y j� ��a; a S-lele view) 11-essul-e Tr�eatPW Za n,bP1- it �yz sfx � f lit o 0,r�eS Nc,Y�fomktiS f�ss��,rtr/�v CPr�i%) Z iq�i�v�= cr CrQ P/GZ /(.` r �� ygl %d/�.�lO�' ,1y61e - I/eeee Mandl/) e/ c) 2 oN 4eR SITFall ` RIP -yam sp �y. y � n ,a r> - b� e � r <`.yAM �a. North Carolina Department of Environmental Quality Pat McCrory Governor October 19, 2015 Porters Neck HOA c/o CAMA Management 1612 Military Cutoff 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, o�Dot1as V.Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.ncooastalmanagement.net M Equal Opportunity Xkfim wive Action Employer — Made in part by recycled paper F, C: �� �P DCM Coordinator: Permit MAILING DISTRIBUTION SHEET ID(lr+fs Ale CK N✓. 11 DCM Field Offices Elizabeth City Morehead City Washington Wilmington✓ US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: DCM/ Fisheries Specialist NC DOT: DMF/ Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: DEMLR Washington: Wilmington: Wildlife Resources: LPO: (with revised work plan drawings) Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbley Liz Hare Renee Gledhill -Early v Diane Williams (WIRO) L✓ Joey White (WARO) Shane Staples / Gregg Bodnar ✓ Ken Pace X Patti Fowler ✓ Shannon Jenkins Tim Walton ✓ Karen Higgins (Raleigh) v Jc1I NPna044Nr DQ+) Anthony Scarbraugh-401 Joanne Steenhuis — 401 Chad Coburn - 401 ✓ Scott Vinson-Stormwater Georgette Scott- Stormwater Maria Dunn ✓ Fax Distribution: Permitee Agent #:_ f+ 1s&—p (Ptis-.0— stir C/ pe /-M, t 0c act upp lTC'60r Pe / Acl-t / h(4'q k 5 JD 7 r,a Environmental Quality October 16, 2015 Julia Worth 8040 Bald Eagle Lane. Wilmington, NC 28411 Dear Ms. Worth: PAT MCCRORY Governor DONALD R. VAN DER VAART Secrerary Thank you for your recent letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by the Porters Neck Homeowners Association, in which authorization was requested to carry out improvements on common areas located at 8344 and 8540 Bald Eagle Lane, in New Hanover County. The Division of Coastal Management (I)CM) appreciates your concerns about the proposed project. After a thorough review of the proposed project, including coordination with other State and Federal resource agencies and the N.C. Attorney General's office, the Division has determined that the proposed development is not inconsistent with the rules of the Coastal Resources Commission. Therefore, the Division has issued a permit for the proposed development. A copy of the permit is being provided to you for your information. If you would like to discuss the specifics of this issue, please contact me by telephone at (252) 808-2808 ext. 212 or by email at doug.huggett@ncdenr.gov. S, erely, Doug Huggett Major Permits Coordinator North Carolina Division of Coastal Management Nothing Compares State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 Environmental Quality October 16, 2015 Robert Schupp 8317 Bald Eagle Lane Wilmington, NC 28411 Dear Mr. Schupp: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Thank you for your recent letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by the Porters Neck Homeowners Association, in which authorization was requested to carry out improvements on common areas located at 8344 and 8540 Bald Eagle Lane, in New Hanover County. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project. After a thorough review of the proposed project, including coordination with other State and Federal resource agencies and the N.C. Attorney General's office, the Division has determined that the proposed development is not inconsistent with the rules of the Coastal Resources Commission. Therefore, the Division has issued a permit for the proposed development. A copy of the permit is being provided to you for your information. If you would like to discuss the specifics of this issue, please contact me by telephone at (252) 808-2808 ext. 212 or by email at doug.huggett@ncdenr.gov. Sincerely, Doug Huggett Major Permits Coordinator North Carolina Division of Coastal Management Nothing Compares State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 Environmental Quality October 16, 2015 Wanda Canada 8324 Bald Eagle Lane Wilmington, NC 28411 Dear Ms. Canada: PAT MCCRORY Govemor DONALD R. VAN DER VAART Setrefory Thank you for your recent letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by the Porters Neck Homeowners Association, in which authorization was requested to carry out improvements on common areas located at 8344 and 8540 Bald Eagle Lane, in New Hanover County. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project. After a thorough review of the proposed project, including coordination with other State and Federal resource agencies and the N.C. Attorney General's office, the Division has determined that the proposed development is not inconsistent with the rules of the Coastal Resources Commission. Therefore, the Division has issued a permit for the proposed development. A copy of the permit is being provided to you for your information. If you would like to discuss the specifics of this issue, please contact me by telephone at (252) 808-2808 ext. 212 or by email at doug.huggett@ncdenr.gov. Sincerely, Doug Huggett Major Permits Coordinator North Carolina Division of Coastal Management Nothing Compares. State of North Carolina 'Environmental Quality 1601 MailService Center I Raleigh, North Carolina 27699-1601 919-707-8600 Environmental Quality October 16, 2015 James and Teresa Wicker 8600 Bald Eagle Lane Wilmington, NC 28411 Dear Mr. and Ms. Wicker: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Thank you for your recent letter concerning the Coastal Area Management Act (CAMA) Major. Development Permit application submitted by the Porters Neck Homeowners Association, in which authorization was requested to carry out improvements on common areas located at 8344 and 8540 Bald Eagle Lane, in New Hanover County. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project. After a thorough review of the proposed project, including coordination with other State and Federal resource agencies and the N.C. Attorney General's office, the Division has determined that the proposed development is not inconsistent with the rules of the Coastal Resources Commission. Therefore, the Division has issued a permit for the proposed development. A copy of the permit is being provided to you for your information. If you would like to discuss the specifics of this issue, please contact me by telephone at (252) 808-2808 ext. 212 or by email at doug.huggett@ncdem.gov. Sincerely, J�o Doug Huggett Major Permits Coordinator North Carolina Division of Coastal Management Nothing Compares State of North Carolina I Environmental Quality 1601 Mal Service Center I Raleigh, North Carolina 17699-1601 919-707-8600 Environmental Quality October 16, 2015 Grady and Suzanne Merriman 8400 Bald Eagle Lane Wilmington, NC 28411 Dear Mr. and Ms. Merriman: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Thank you for your recent letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by the Porters Neck Homeowners Association, in which authorization was requested to carry out improvements on common areas located at 8344 and 8540 Bald Eagle Lane, in New Hanover County. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project. After, a thorough review of the proposed project, including coordination with other State and Federal resource agencies and the N.C. Attorney General's office, the Division has determined that the proposed development is not inconsistent with the rules of the Coastal Resources Commission. Therefore, the Division has issued a permit for the proposed development. A copy of the permit is being provided to you for your information. If you would like to discuss the specifics of this issue, please contact me by telephone at (252) 808-2808 ext. 212 or by email at doug.huggett@ncdenr.gov. Sincerely, G /7ZA,� Doug Huggett Major Permits Coordinator North Carolina Division of Coastal Management Nothing Compares-�-,.� State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-l601 919-707-8600 Environmental Quality October 16, 2015 Kel Normann 8536 Bald Eagle Lane Wilmington, NC 28411 DZ-S7ui#U 1,►C5 "M PAT MCCRORY Covemor DONALD R. VAN DER VAART Secretory Thank you for your recent letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by the Porters Neck Homeowners Association, in which authorization was requested to carry out improvements on common areas located at 8344 and 8540 Bald Eagle Lane, in New Hanover County. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project. After a thorough review of the proposed project, including coordination with other State and Federal resource agencies and the N.C. Attorney General's office, the Division has determined that the proposed development is not inconsistent with the rules of the Coastal Resources Commission. Therefore, the Division has issued a permit for the proposed development. A copy of the permit is being provided to you for your information. If you would like to discuss the specifics of this.issue, please contact me by telephone at (252) 808-2808 ext. 212 or by email at doug.huggett@ncdenr.gov. Sincerely, Doug Huggett Major Permits Coordinator North Carolina Division of Coastal Management Nothing Compares State of North Carolina I Environmental Quality 1601 Mal Service Center I Raleigh, North Carolina 27699-1601' 919-707-8600 Environmental Quality October 16, 2015 Conrad Lowman 8537 Bald Eagle Lane Wilmington, NC 28411 Dear Mr. Lowman: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Thank you for your recent letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by the Porters Neck Homeowners Association, in which authorization was requested to carry out improvements on common areas located at 8344 and 8540 Bald Eagle Lane, in New Hanover County. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project. After a thorough review of the proposed project, including coordination with other State and Federal resource agencies and the N.C. Attorney General's office, the Division has determined that the proposed development is not inconsistent with the rules of the Coastal Resources Commission. Therefore, the Division has issued a permit for the proposed development. A copy of the permit is being provided to you for your information. If you would like to discuss the specifics of this issue, please contact me by telephone at (252) 808-2808 ext. 212 or by email at doug.huggett@ncdenr.gov. Sincerely, Doug Huggett Major Permits Coordinator North Carolina Division of Coastal Management Nothing Compares State of North Carolina I Environmental quallty 1601 Mal Service Center I Raleigh, North Carolina 27699-1601 919 - 707-8600 Environmental Quality October 16, 2015 Kel Normann 8536 Bald Eagle Lane Wilmington, NC 28411 Dear Mr. Normann: PAT MCCRORY Governor DONALD R. VAN DER VAART secretary Thank you for your recent letter concerning the Coastal Area Management Act (LAMA) Major Development Permit application submitted by the Porters Neck Homeowners Association, in which authorization was requested to carry out improvements on common areas located at 8344 and 8540 Bald Eagle Lane, in New Hanover County. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project. After a thorough review of the proposed project, including coordination with other State and Federal resource agencies and the N.C. Attorney General's office, the Division has determined that the proposed development is not inconsistent with the rules of the Coastal Resources Commission. Therefore, the Division has issued a permit for the proposed development. A copy of the permit is being provided to you for your information. If you would like to discuss the specifics of this issue, please contact me by telephone at (252) 808-2808 ext. 212 or by email at doug.huggett@ncdenr.gov. Sincerely, Doug Huggett Major Permits Coordinator North Carolina Division of Coastal Management Nothing Compares% State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 Environmental Quality October 16, 2015 Tina Youngs 8521 Bald Eagle Lane Wilmington, NC 28411 Dear Ms. Youngs: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Thank you for your recent letter concerning the Coastal Area, Management Act (CAMA) Major Development Permit application submitted by the Porters Neck Homeowners Association, in which authorization was requested to carry out improvements on common areas located at 8344 and 8540 Bald Eagle Lane, in New Hanover County. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project. After a thorough review of the proposed project, including coordination with other State and Federal resource agencies and the N.C. Attorney General's office, the Division has determined that the proposed development is not inconsistent with the rules of the Coastal Resources Commission. Therefore, the Division has issued a permit for the proposed development. A copy of the permit is being provided to you for your information. If you would like to discuss the specifics of this issue, please contact me by telephone at (252) 808-2808 ext. 212 or by email at doug,huggett@ncdenr.gov. Sincerely, f Doug Huggett Major Permits Coordinator North Carolina Division of Coastal Management Nothing Compares State of North Carolina I Environmental Quality 1601 Mal Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Porters Neck HOA c/o Stanley D. Weinrich (President) 2. LOCATION OF PROJECT SITE: 8344 and 8540 Bald Eagle Lane adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. Photo Index - 2006: 22-7430: M,8 and L, 18 2000: 22-279: L,18 and L-M,10 1995: 22-262: L-M,11 and M, 22 State Plane Coordinates • X: 2379300 & 2378200 Y:1999250 & 201200 Latitude: 34°17'41.60"N & 34"17'20.98"N Longitude: 77°44'.43.61"W & 77°44'.58.70"W 3. INVESTIGATION TYPE: CAMA/D & F ROVER FILE # 0-082614B 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-10/8/2014 and 2/23/2015 Was Applicant Present - Yes (members) 5. PROCESSING PROCEDURE: Application Received - 5/21/2015 (completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW, ORW, ES (C) Water Dependent: Yes (D) Intended Use: Private -Community (E) Wastewater Treatment: Existing - Septic System Planned - N/A (F) Type of Structures: Existing - Boat -ramp with associated parking area, docking facility, asbestos bulkhead Planned - Replace floating docks, extend existing boat -ramp, excavation within boat -ramp area to the AIWW and new bulkhead. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] REt QED FIB ME (A) Vegetated Wetlands (Coastal Wetlands) 63 sq. ft. (B) Non -Vegetated Wetlands (Open water 7,155 sq. ft. 240 sq. ft. 264 sq. ft. (Incorporated) (C) Other (Highground) 3,760 sq. ft. (D) Total Area Disturbed:11,482 sq. ft. (0.26 aces) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes RECENtu MAY 2 810t ygaww-"nM ko'44 8. PROJECT SUMMARY: The applicant proposes to enhance existing community common areas adjacent to Middle Sound. Porters Neck HOA Page 2 PROJECT DESCRIPTION: The project sites are located at 8344 and 8540 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. To locate the properties from Market Street (NC Highwayl7), turn rightonto Porter's Neck Road and continue east through the traffic circle approximately 2 miles. At the stop sign, turn left onto Bald Eagle Lane and travel north approximately 0.2 miles and the first property at 8344 Bald Eagle Lane (Site B) will be located on the right. To access the second property (Site A), continue to travel approximately 0.5 miles unfit you reach the property of interest, which will also be on the right. Porters Neck HOA, Inc. obtained State Permit No. 57-92 on 8/14/1992 for the development of the existing sites and associated structures described below. State Permit No. 57-92 was modified on 2/15/1993 to reconfigure the authorized docking facility towards the south. The authorized development and associated structures were constructed and have been in use by the applicant since. State Permit No. 57-92 expired on December 31, 1995. Site A is the northern project site, which is approximately 0.44 acres and ranges approximately 3' to 18' above normal high water (NHW). The property is currently being utilized for a community boat -ramp with associated parking area, access pier and floating docks with approximately 60' of shoreline, which is bordered by an intertidal strip of sand approximately 24' in width. There are currently no Coastal Wetlands along the shoreline of the property. There is an area of rip -rap along the southern side of the property, which appears to address stormwater off the highground area of the site. Upland vegetation of the property is maintained lawn grass and bordered by shrubbery and trees including Wax Myrtle, Cherry Laurel, Crepe Myrtle and Live Oak trees. The existing pier extends approximately 65' in length by 5' in width from the highground area towards the AIWW. An access ramp leads from the access pier onto a floating dock, measuring approximately 32' in length by 6' in width, which runs in the same alignment as the access pier. A small finger pier, measuring approximately 12' in length by 6' in width extends towards the north from the main floating dock, which runs parallel to the shoreline and channel. The application states that the existing docking facility currently accommodates transient vessels using the existing boat -ramp. Based on a review of State Permit No. 57-92 permit application, the docking facility was authorized at this distance to address a natural channel, which was in existence atthe time of the permit application. Since then, based on aerial photography review it appears that this channel has shoaled or shifted towards the northeast of the existing docking facility and boat -ramp. Further, the adjacent riparian property owner to the north (J. Wicker) received CAMA General Permit No. 32518-D on 3/3/2003, which authorized extension of his existing docking facility approximately 200' waterward to the established pier length to the south and into water depth of approximately -2.5' at NLW. State Permit No. 57-92 application indicated the proposed boat -ramp and associated docking facility were to be located within waterdepths ranging from 0.0' to -2.0' at mean low water (MLW). The application states that the existing docking facility and boat -ramp are located in water depths of approximately —0.5' at NLW (See Sheets 1 and 15 of 21 and Project Narrative). Site B is the southern project site, which is approximately 0.46 acres and ranges approximately 3' to 15' above NHW. This property is currently undeveloped and the 60' of shoreline is currently stabilized by an existing asbestos bulkhead. Waterward of the bulkhead is an area of Coastal Wetlands measuring approximately 30' in width consisting primarily of Smooth Cordgrass (Spartina altemiflora). Upland vegetation of the property is maintained lawn grass and bordered by shrubbery and trees including Wax Myrtle (A"ca cerfera), Pine and Live Oak trees. The property appears to be utilized as an outdoor park for picnicking and open space for the HOA and is bordered by residential properties to the north, south and west. The City of Wilmington/New Hanover County 2006 Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the AIWW and Middle Sound are classed SA- ORW by the Division of Water Resources. The area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. RECEivEc) PROPOSED PROJECT: MAY 2 6 11•c The applicant proposes to enhance existing community common areas adjacent to Middle Sound. The following are the roposals for each site, aforementioned: 1 1 Porters Neck HOA Page 3 Site A (Boat -ramp) - The application states that maintenance excavation is proposed to maintain the previous water depths when the facility was authorized in 1992. The proposed dredge limits dimensions would be approximately 159' in length by 45' in width to a final project depth of -2.0' @ NLW, which would result in the removal of approximately 600 cubic yards of sandy substrate. The material would be mechanically excavated and placed onto a privately owned spoil island (USACE DA-0228) at the confluence of the AIWW and Nixon's Channel directly across the AIWW from the project site. It appears the spoil site would be outside the USACE 1000' easement; however, the access location from Nixon's Creek would be within the easement. The application states that existing concrete boat -ramp would be extended approximately 16' in lengthby 15' in width and the existing floating docks would be replaced within the same dimensions, aforementioned. The application also states that kayak racks would be installed within the grass area west of the existing parking area of the community boat -ramp (See Sheets 13 and 14 of 21 and Project Narrative). Site B (Park) - The applicant proposes to construct 63 linear feet of new bulkhead waterward of the existing asbestos bulkhead. The proposed bulkhead would be located approximately 1' waterward of the existing bulkhead and would be into the existing bulkheads to the north and south. The applicant states that this alignment is necessary to avoid impacts and disturbance to the existing deteriorating asbestos bulkhead. The application states that the additional kayak racks would also be constructed on the northern end of the highground area of the site (See Sheets 13,14,17, 21 of 21 and Project Narrative). A scooping meeting for this project was held on 2/12/2015 at the Wilmington Regional Office with representatives from the Porters Neck HOA and the interested review agencies. 10. ANTICIPATED IMPACTS: The proposed new bulkhead would incorporate approximately 63 sq. ft. of Estuarine Waters and Pubic Trust Area and would result in the filling of a total of approximately 63 square feet of coastal wefland consisting primarily of Smooth Cordgrass (Spartina altemiflora) located on the east end of the property. The high ground area would then be vegetated for stabilization in an area of approximately 1,260 sq. ft. within the Estuarine Shoreline. The proposed excavation would impact approximately 7,155 sq. ft. of shallow bottom area, which would result in the removal of approximately 600 CY of material to be deposited on approximately 2,500 sq. ft. of the highground area of an existing spoil island. The proposed new floating docks would continue to incorporate approximately 264 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed boat -ramp extension would impact approximately 240 sq. ft. of shallow bottom area. The proposed kayak racks would impact approximately 240 sq. ft. of highground area. The proposed floating dock replacement would not encroach into the adjacent 15 foot Riparian Corridor Setback Area requirement. The proposed structures would continue to extend approximately 95' into a waterbody measuring approximately 780' in width, which would conform with the 114 width distance rule and the established pier length. As proposed, the applicant's proposal would not encroach into the 80' federal setback requirement from the AIWW channel. The proposed structures would continue to allow the facility to accommodate transient vessels for the existing boat -ramp in water depths of approximately —2.0'at normal low water (NLW) once the proposed excavation is complete. Minor increases in turbidity should be expected during construction. RECEIVED MAY 2 6 7015 Submitted by: Robb L. Mairs Date: 5/20/2015 Office: Wilmington z Porters Neck Homeowners Association (PNHOA) PNHOA Marine Maintenance & Repair Project Narrative Porters Neck Plantation is a private community of 600 homes tucked away peacefully along the Intracoastal Waterway in Wilmington, NC. The community boasts many amenities but its two main features are the secure community boat ramp and pier and waterfront park. Residents can enjoy fishing, swimming, outdoor recreation and have direct access to the Atlantic Ocean and numerous picturesque creeks and marshes by paddle craft and boat. CAMA application process with field visits by Robb Mairs, CAMA, began during the fall of 2014 with the following: 10/08/14 — CAMA Field visit by Robb Mairs to evaluate scope of work needed 10/16/14 — CAMA Permit Review (original — #57-92) 02/12/15 — CAMA Scoping Meeting 02/23/15 — CAMA Field visit by Robb Mairs— 4:30pm, low tide depth measurements to 2' level. 02/25/15 — Email from Jeremy Humphrey, Shellfish Sanitation. Ok to proceed forward, as is. 02/25/15 — Email from Linda Lewis, Stormwater, to proceed with Stomtwater revision application. 03/10/15 — 6:00pm (low tide) depth measurements for dredging calculations 03/23/15 — PNHOA made courtesy phone calls to adjacent riparian owners. 04/06/15 — CAMA Pre -Application meeting and review with Robb Mairs. 04/27/ 15 — CAMA - Second application review with Robb Mairs. Site A — North Site — 8540 Bald Eagle Lane — Zoned R-20S -Community Boat Ramp 1. Replace 2 Floating Docks, in kind Remove and replace two floating docks and bench, in kind, using pressure treated lumber. Current sizes are 6.5'x 32.5' and 6'5"xl2' using typical marine construction. 2. Extend boat launching ramp Add 16'xl5' concrete section, underwater, to existing concrete boat ramp to be compatible with restored depth. This will allow waterway access for motor craft <22' at all tides using typical marine construction. 3. Maintenance Dred%dne Dredge 600 cubic yards of sand to return to 1992 water depth levels and allow floating docks to float over 2' low tide depth as per original permit, removing time shifted sands and restore boat ramp area to its original usefulness. This 2' low tide depth area was measured and confirmed by Robb Mairs' field visit late afternoon on 02/23/15. Excavated sand will be deposited on spoil island 0228 —Northeast New Hanover Conservancy. 4. Kayak storage racks Construct, using pressure treated lumber, 2 tree standing kayak storage racks to hold up to 9 kayaks eaOCE3vED Racks will be placed and leveled on grass. MAY 2 8101, Site B — South Site — 8344 Bald Eagle Lane — Zoned R-20S - Park 1060-Uny bµ"� 1. Eno psulate seawall Encapsulate spalling asbestos seawall, 63' in length, using vinyl backfilled with sand using typical marine construction. 2. Kayak storage racks Construct, using pressure treated lumber, 2 freestanding kayak storage racks to hold up th }kayaks'eaoh Racks NC will be placed and leveled on grass. DGM WILMINGTON, it APR 2 9 2015 121 Porters Neck Homeowners Association PNHOA Marine Maintenance ft Repair o 0 3 Site A - North Site -Community Boat Ramp > 8540 Bald Eagle Lane, Wilmington, NC U 03/23/2015 c T N 11 V Porters Neck Homeowners Association PNHOA Marine Maintenance t2 Repair Site A - North Site -Community Boat Ramp 8540 Bald Eagle lane, Wilmington, NC 03/23/2015 Thank you Lisa Pelosi <tomasuralisa@gmail.com> To: bushardt <bushardt@bellsouth.net> Cc: Michael Butt <mysocky@yahoo.com> Thank ,ou &PI MP-2 2•G Lisa Pelosi <tomasuralisa@gmail.com> OrZ-7 0V Spo•I .Srrc 'PCrAIISt/On Wed, Apr 8, 2015 at 9:36 AM Thank you, Paula, for this information. PNHOA agrees to the rules of your spoil island. I spoke with Tom Waiters and feel comfortable moving forward with him when we are appro%ed. I also left a message for Adam, as well. We will keep you posted on our progress. Again, thank you for this opportunity. Lisa Pelosi Porters Neck HOA Marine Resources Committee (910) 319-7266 Tomasuralisa@gmail.com On Wed, Apr 8, 2015 at 8:13 AM, bushardt <bushardt@bellsouth.net> wrote: Lisa, Please note that we do have restrictions on which dredge spoil island is used and the type of sand that is put on it. We do not allow mud, only fine sand. The island that we use is at the confluence of Nixon Creek and the Intracoastal Waterway. If the sand type is approved, we will allow placement of 600 cu yds on our island. Tom Wafters with Coastal Earthworks (910-538-9800) and Adam Krlierim with Maritech Dredging (910-297-7710) are the two dredgers that know our requirements. Papa Bushardt, PE President Northeast New Hanover Conservancy 910-232-8590 REO_I,[ MAY 2 g 70" On Tuesday, April 7, 2015 12:50 PM, Lisa Pelosi <tomasuralisa@gmail.com> wrote: Dear Paula, Thank you for your return call this morning. I appreciate your time and look forward to receiving more information from you regarding spoil island access and pre -approval. APR 2 9 2015 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2015-01096 County: New Hanover USGS Quad: NC -Scotts Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: StanIe D. Weinrich; Porters Neck Homeowners Association Address: c/o CAMA 1612 Military Cutoff Rd. #108 Wilmington, NC 28403 FILE COPY Telephone No.: 910-493-7227 Size and location of property (water body, road name/number, town, etc.): The project site is located at 8344 and 8540 Bald Eagle Lane, adjacent to the AIW W and Middle Sound, Wilmington, New Hanover County, North Carolina. Coordinates are: 34.2948242 N,-77.745267 W Description of projects area and activity: Project is proposed to repair and replace 63 linear ft. of existing asbestos bulkhead at 8344 Bald Eagle Lane. The applicant also proposes to conduct work at 8540 Balk Eagle Lane by expanding an existing docking facility by 72 sq. ft. extend an existing boat ramp by 16 ft. and conduct maintenance dredging of the existing basin and channel (7.155 so. ft. / 600 CY). The spoil placement will be entirely in uplands (Site #0228 outside of USACE easement). Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: NWPs #3, #35 and GPs #125, and #56 Summary of Authorized Impacts and Required Mitigation Impact ID # NWP / GP # 0 en Waters . ft. Wetlands . ft. Stream (I Tem ®rat Permanent Tem or Permanent Temporary Permanent Bulkhead 3 63 BoatRamp 125 240 Dock Expand 56 72 Maint. Dred a 35 7,155 600C hn act Totals Total Loss of Waters of the U.S. ac 0.001 Total Loss of Waters of the U. S. 1 Required Wetland Mitigation ac Required Stream Mitigation (If) Additional Remarks and/or Special Permit Conditions: Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your plans submitted on 26 May, 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification: You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tyler Crumb1eyat-410-25I*A. Corps Regulatory Official Tvler Crumbled `r'f/ (/-1 ItAtte: 15 June, 2015 T Expiration Date of Verification: 18 March, 2017 for NWPs and 31 December, 2016 for GPs Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued—. Action ID Basis of Jurisdictional Determination: Wetlands are within the AIW W, which is Section 10 Navigable. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above). Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Program Attn: Tyler Crumbley, Project Manager 69 Darlington Avenue Wilmington, North Carolina 28403-1343 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Issue Date: 15 June, 2015 Expiration Date: Five years from Issue Date SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Robb Mairs (DCM); Chad Coburn (DWR); Permit Number: SAW-2015-01096 Permit Type: NW NWPs #3, #35 and GPs 125, 56 Name of County: New Hanover Name of Permittee: Stanley D. Weinrich; Porters Neck Homeowners Association Date of Issuance: 15 June, 2015 Project Manager: Tyler Crumbley Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attention: CESAW-RG 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Applicant: Stanley D. Weinrich; Porters Neck File Number: SAW-201 5- Date: 15 June, 2015 Homeowners Association 01096 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENTAL C x APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JIMISDICTIONAL DETERMINATION E SECTLONr Tw&% 6wrag-.& 6t7�i� A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit fbi your reconsideration, as indicated in Section B below. 13: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. ®� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor June 29, 2015 Porters Neck HOA Mr. Stanley Weinrich 1612 Military Cutoff Road, #108 Wilmington NC 28411 Donald R. van der Vaart Secretary New Hanover County DWR Project #: 15-0514 Subject Property: Porters Neck HOA Marine Maintenance & Repair Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Weinrich, You have our approval, in accordance with the attached conditions and those listed below to perform maintenance and repair of an existing docking facility as described in your CAMA application dated May 22, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Numbers 3883 (GC3883) and 3894 (GC 3894). These Certifications allow you to use the General Permit Nos. 197800056 and 197800125 and the Nationwide Permits 3 and 35 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application andwp�l�ans approved by the Division under this authorization letter and certification. The applic REC I 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 Internet: www.nodenr.gov 1UL Q 7 20i5 An Equal Opportunity %Aflimiatin Action Empbyff - Matle in part by recycled paper Uti;.c6-tWM4 i�::u 2 Porters Neck HOA Marine Maintenance New Hanover County 2015-0514 also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/pemuttee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. n�CF1ve> JUL 07 2015 2 Porters Neck HOA Marine Maintenance New Hanover County 2015-0514 also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts" are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate: •Please notify this Office if any turbidity issues arise at 910.79.6.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. f 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenanceof this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this'project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02•H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The, applicant/pemrittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill; the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.1215 and after hours and on weekends call (8p0) 85,8 0368 Management otsuch spills shall comply with provisions -of the North Carolulz Oil,l�oll itign nd�udot s Substances Control Act. [15A NCAC 02H .0506 (b)(3)'andV)(3); 1,5' k A SO B .0200 (3)(f), and GS 143 Article 21A]. Fa P" I�, , k ?b 1 M y � r" W A d bI' t o , R c k 12 9 d; JUL 01 2015 pp-iv1HFJ�.Hss 3 Porters Neck HOA Marine Maintenance New Hanover County 2015-0514 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants percussion to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: litto://t)ortal.ncdenr.or web/"/swo/ws/401/certsaiidpennits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httv://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 �FCEiVED )UL 0� 1015 4 Porters Neck HOA Marine Maintenance New Hanover County 2015-0514 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette, in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdette(ddncdenr.gov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Coburn@.ncdem.gov. Sincerely, J' gson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3883, GC 3894 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office Jennifer Burdette — Wetlands and Buffer Unit Doug Huggett — DCM Morehead City Robb Mairs — DCM Wilmington WiRO RECEIVED JUL 07 1015 W"-oa)4y C14.x r 4 Porters Neck HOA Marine Maintenance New Hanover County 2015-0514 One (1). copy of the -petition must also be served to DENR: - Sam M. Hayes, General Cqunsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh; NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If y_ou have any questions,please telephone Jennifer Burdette:in the Central Office in Raleigh at 919.807.6364 or Jelnufer.Burdette@Lcdenr.,Qov or Chad Coburn in the DWR . Wilmington Regional Office at 910.796.7379 o'r Cliad:Coburii(@ edeilr.eov. Sincerely, Jim Gr gson, Regional Supervisor Water -Quality Regional Operations Section Wilmington Regional Office`. Division of -Wafer Resources; NCDENR Enclosure: GC 3883, GC 3894 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office Jennifer Burdette —;Wetlands and Buffer Unit' _ - •� Doug"?=�iugget^�DCM�Mol�ehe�adCt3,° Robb Mairs = DCM Wilmington WiRG - - ......,. .. . - RECEIVED -- .------...:;.—---------------'--:--:..------=----------- --------- ------------ -- -- - -- ----' —'---- ' - JUL 0.7.2015 t t cj�x> �+• Y� 11 Fa PsTi3 e"F"�a}.♦ (-i / ix NCDEEW North Carolina Department of Environment and Natural Resources Pat McCrory Governor DWR Project No: Applicant: Project Name: Donald R. van der Vaart Secretary 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: if this project was designed by a Certified Professional I, . as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Datr~ Division of Water Resources -401&Buffer ilti Un6� 1617 Mail Service Center, Ralegh, Norm Ca 7''k` Location: 512 N Salisbury St, Raleigh, North arding 27604+^ Plane: 919-807-M0 FAX: 919A07&492 Internet: �.ncvvaterquality.org An Equa OppwWiOy l Alfirmbw khon Empbyer-lda in pal by recKed paper stj L0 1% 03N303U 4 Porters Neck HOA Marine Maintenance New Hanover County 2015-0514 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette, in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdette(cdncdenr.go or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad. Coburnnncdelu.eov. Sincerely, Jim Gr gson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3883, GC 3894 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office Jennifer Burdette — Wetlands and Buffer Unit t Doug>;Huggett"-.°DCM--Moreh8a&:Cityt Robb Mairs — DCM Wilmington WiRO RECEIVED JUL 07 1015 QQ411-1�48P 4 i,. � 4 g Ou;look.com Print Message Page 2 of 3 ramp being shut down. This violation notice Vice President: significantly undermines the work being Steve Salzman performed by the Marine Resource steve.sal zmantthotmail.com Committee as they have applied for a new Treasurer. CAMA permit for dredging, floating dock David aauereis replacement and other improvements. The dbauereisdec.rr.com Marine Resources Committee is aware of Secretary: tho. limiter♦ nnrieinn �+ +k— o.._� n__-- from: donotreply-camsmgt@cincsystems.net [mailto:donotreply-camsmgt@cincsystems.netJ Sent: Tuesday, June 02, 2015 3:41 PM Subject: Porters Neck - Boat Ramp Parking violation /J / ► Y J Boat Ramp Parking Violation PNHOA has received a CAMA violation notice indicating non-compliance of the rules and regulations of operating our Community Boat Ramp. Continued parking along Bald Ea le Lane can result in our boat moorea/docked for more than 2 hours and in a place that will not obstruct others launching or loading. Trailers must be disconnected from vehicle and must be parked in designated spots within parking lines PNHOA Contacts President: Stan Weinrich stanweinrichanhoa®omail.com dottieswallowtllec. rr.com Communications) Websits: Stan Weinrich sta nweinrichavahoo.com Marine: RECEIVED JUN 0 B 2015 '2 _Outlook.com Print Message Page 2 of 3 Tide chart for Wrightsville beach says high tide at 7:20am and low at 1:20pm for that Vice President: Steve Salzman steve.saizman0hotmai I.com T��ft4Nn From: donotreply-camsmgt@cincsystems.net [mailto:donotreply-camsmgt@cincsystems.net] Sent: Wednesday, May 27, 2015 9:33 AM Subject: Porters Neck - Kayak Outing, Blood Drive Kayak Outing - Monday, June 1st The Marine Resources Committee is organizing its first 2015 kayak outing for Monday, June 15t at the Boat Ramp. own equipment, you will need to make your own arrangements to borrow or rent (e.g., Hook, Line and Paddle). Blood Donation Drive Coming Soon PNNOA Contacts President: Stan Weinrich stanweinrichpnhoa@gmaii.com Infrastructure: Bette Bauereis drbee0ec.rr.com Finance: Dottie Swallow dottieswallow@ec.rr.com Communicational Website: Stan Weinrich stanwein rich&vahoo.com Marine: RECEIVED JUN 0 91015 �'�9r1i.7 i.l�r RECEIVED JUN 0 9 2015 0144-iM w i.:N,V F F 1' 1 t Outlook.com Print Message Page 3 of 3 Change in vehicle/trailer/watercraft ownership requires a new form to complete. All Marine Ramp Key a -forms and printable version forms can be found on the website. e No late night activity or overnight parking allowed. Mike Butt mvsockvGyahoo.com Lisa Pelosi tomasu ral isaGemail.com Advocacy: Stuart Ball stuartba11284110umaii.com Hospitality: Paula Perkins PwP370aol.com CAMS Management Group: csocamsmet.com (910) 256.2021 Mike Seitter Maintenance 5384911 QUICK LINKS Porters Neck Homeowners Association RECENED NN 0 910b �A*N4,W, ARrA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 12, 2015 Mr. Stanley Weinrich, President Porters Neck Homeowners Association c/o CAMS Management 1612 Military Cutoff Road, #108 Wilmington, NC 28403 Subject: EXEMPTION Stonnwater Project No. SW8150525 PNHOA Marine Maintenance & Repair New Hanover County Dear Mr. Weinrich: Donald van der Vaart Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on May 21, 2015. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@nodenr.gov. Sincerely, Fo�� s, P.E., Director Division of Energy, Mineral, and Land Resources GDSlarl: G:IWQ1SharedlStormwaterlPermits & Projects12015 \150525 Exemption12015 05 permit 150525CEIVED oc: New Hanover County Building Inspections JUL 01 2015 Robb MairslShaun Simpson y��I �(�1� NUr�-wNr+b bun (� 'ewl�jQCIR Y 4 Wilmington Regional Office Stormwater File Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-7215I Fax: (910) 350-2004 • Internet htb:lloortal.nedenr.orolwebllrl Conrad H Lowman 8537 Bald Eagle Lane Wilmington, NC 28411 910-686-0410 5/25/15 Mr. Braxton C. Davis, Director NCDENR Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557-3421 Re: CAMA Major Application for 8344 & 8540 Bald Eagle Lane, Wilmington, NC Dear Mr Davis: Thank you for taking time to review this application and to consider my concerns. I know this letter is long but to educate you on this situation takes a lot of documentation. Parking Traffic Safety Enforcement of Original Permit. The areas PNHOA asks to improve have been under a permit since 1992. Unfortunately the applicant and developer have been out of compliance on original permit. They ignore and abuse the addendum to original permit with on street and off street parking and not giving keys to deeded owners on Bald Eagle Lane. They never correctly landscaped the property. After getting a CAMA permit this applicant has done nothing to make sure its members respect our neighborhood and safety or comply with the existing CAMA PERMIT. It might help to explain that PNHA bought 2 subdivided and platted lots in Porters Neck Subdivision (not part of Porters Neck Country Club Subdivision) that apx 35 lot owners have a deeded right to ingress and egress to the water. (Lots were encumbered and subservient when they purchased) The deeds they use in application are not the correct deeds. Here is a copy of the non warranty deed transferring property to homeowners association. RECEIVED JUN 2 9 2015 1 BOOK PACE 1629 1359 NO REVENUE SPMP9 Ll N. seats I eMI remrdbe in A; EDL Q(I r,E. 'IZ To BL, �.. 1, II tNO Di D66o8 IIANOVER CO. NC 1U 6 PR 3 21 r.... I [denuder No Cou.lr on -he d.r nl It , Ine{rvme.{.w Nnwrd by Jennifer A. some Attorney, P.O. Drawer 479, Wilmington, NC 2840E rf deeemµl.n for the Index NORTH CAROUNA NON -WARRANTY DEED s DRRpeab Olt 3n�efer October .109E .ur•.d beer n. PORTERS I= CM7ART. =.. e North Carolina Corporation 0()0130 IQfiERS CECE HX=btERS ASSOCIATION IGC.. a North Carolina Corporation Addmes: 1202 Porters Neca load Wilmington, NC 2840S wee. I, were, lw .1 strut:.. aflame,.. It ...ream... t.uwM J .euV..V rerrw.un w WY.r..1a JId1nAUCe .In Graeber a pW nd Gmaftudw L inewit feminineretireeu{o'delete equ1M "ruts. their ems, rvrm.om Add nupe..J wGrrrateable olidb/ the Cr.{be yet", e,hwh 1n fmmµc.IIIMt bdaed, hem wed ar{bn severe. dwnnt MrtJnul•Me er{MGnnle wn m.r .,I o)..it a.Jed I. the Gmr nt r..n.nlp. her Hanover C.Le.l.N..hG.nnn..nd.re w.lrula.Ird«.,LWeefnu— SEE ATTACHED EXHIBIT 'A' This pvtoparty Is conveyed subject to the following exceptions+ 1. My existing Deals of Trest 9f record. 2. All claims of govesluental authorities in and to any portion of the preailses consisting Of marshland now or formerly subject to the ebb and now of tidewaters or any claims of riparian rights, but parties Of the first part do hermits, convey such riparian rights as Owned by parties of the first part. 2. Utilities and street rights of way. WYw. hl.yu,"mil ter,reeewerer—ree— ... ,e):/r.(.e i d47& JUN 19 2p-) 2 f BOOK PACE 1629 1060 no pmwrb emlaahorr d..IH ! ,u saulw by Cron. by AVI, 1 -,Ire ,n feet IUe Peg* 0162 of the for Hanover County Registry A wp al,a.ln11M -Mot N4rnN pmprrtr b rororbe In Plot Rml S .... ZJ - TO HAVE AND TO HOLD its afarwW lot or prtol .f We old.11 rrml.r..ne aoWranonrn IMrrin Ml..nnne to No Oro,. 1. her .1.11. no C.I. Balm no torrull. a.rtoao er I.PU.IL Y 1. IhM la no Ptoerrl horesbwNr.vribel .rrINrrrry,rouir .au �rnu�.rn w to nu I. r rn.+. urub or ru.vnr w u wa r wnw W uirui iiu .+ rw.tra ........PBB.iERA.KECL.L9RPART..iHC............... wt .1 • � L a urea tteee1., 1 . ra u .Ne Heroeer e ° re r• to z' C rt.r.b ......4 w mw.rrr u.....rW robr... o.r AurrM wr..October e.92.. . ewt.... y ip-y ... t. nWn I.au u 4. M.4 w.1W YmwatL .rM uu l=eat� S Y r• -I--- �WyW1aw��uW—ot trl ••... ..• I�M�.Mf..wYMi. •1txY l.ruW. •YY � 8 4... w u w .n r W oe .rr,.w, W w✓ rr.a ., .�,i:�, a mtW..,.r..,mrrm..nnrw.trrmr pY''Po ,tw W Wa... rM1Yt Yu. ...ul YY .ir. :" �..•_ .rrnrrb —- a ti t.br. arw.w............ fTATIOP NOLTM GLOYNA .... ..... ....... ... ...... .. .. .. ................ .... I n....baA"� /,ao'Or111.rrWr ......._ _ .-.. .. .. ,bn..rrr rrabrr au rrrr ._ — wwrw .rmm.ew wrrr r...rW soesms.. use ival:tl�lrvWe w.w...t�f.'d ._.....................—.....__...... reerr•r. nrw ..... tr. ur Aar-_ d1mL_._ n4y .......-... ............................Li L P.r.r frr1r. raw ,w r w.. �'e�wrtr✓ r.wrtp��..n.rr...�... m fy t �i:?.?�tsaro � wrr..,r..r rorrr+w•.r ,a.. RECEVED JUN 2 9 2015 3 .V Y! f D SpIIBIT "A^ i Lot 35-A Southeast of North carollns Secondary Road 1691 Beginning an an existing concrete monument in the southeastern adge of the 60.00 foot tight -Of -way along North Carelin. Secondary Road 1691 at South 56 degrees 10 minutes 00 ...ands E. 60.00 feet from an existing concrete mdnummnt the egutheestarn Boundary Of the heroin described Tract 3; to from the point of Beginning along the Northeastern boundary of 14t35-A es shown on the aforesaid plat recorded In Map Book 5. Page 23 the following 3 .ours.. and di.tsnas: (1) S. 5a dogreas 10 minutes 00 Seconds E. 590.S5 fast •1- to a point in the western edge of right -of -MAY along Atlantic Intra Coastal Waterway, (2) along adge of R/w S. 39 degrees 06 minutes 63 second. W. 60.26 feet and (3) N. 56 degrees 10 minutes 00 ..sonde W. 505.00 fast to an existing concrete alonon eld in the h• aforesaid south... tarn edge of RIM; Chases 9 G 33 degrees 50 minutes 00 second. E. 60.00 feet to the point of Beginning ooncaining 0.610 eor../-. loot IS -A southeast of North Caroline Secondary Road 1491 Beginning on an iron pipe In the Southeastern edge of the a0. 00 foot right-of-way along North Carolina Secondary Road 1691 at South 51 degrees 1S minutes 00 seconds E. 60.00 feet fro. an iron set in the southeastern boundary of the herein described Tract 3; thence from the point of the Beginning and along the north.astarn boundary of Lot 11-A as shown on the aforesaid plat recorded in Map Book 5, Page 13 the following 3 coursas and distance.: (1) s. 53 dagreaa IS minutes 00 seconds E. 652.13 feet t/- to A point in the western edge of right -of -ray along aria ntic Intra Coastal Waterway, (2) along aij��qoignO of R/W S. 39 degrees 06 minutes 63 seconds W. 60.05 feet n4a:(3) N. S3 degrees 1S minutes 00 Seconds W. ee9.65 fast to a nebron sot in the aforesaid southeastern edge of right -of - we" thence along Said edge of RIM N. 36 dogrsoc 62 minutes 00 seconds E. 60.00 feet to the point of Beginning Containing 0.621 acre ♦/-. Y H O04 tiwo0 1 They obviously left out the reference to our plat map and covenants. They submitted the wrong deed for the permit process. 9 Below is the Addendum to the original permit where it states PNHA will adopt rules and regulations! I find it ironic that they have the money to spend on Dredging and increasing boat ramp length, but will not patrol and enforce the existing regulations. They have no right to impede the use or to create rules for lot owners in our subdivision with deeded access rights. 2 _ The Association will adopt rules and regulations yoverr.tq the utilization of the col"Zon area facilities which are the subjact of the permit application. These rules end rsgnlati 0,+s will Include prohibitions against. parking on the adjoining street or street right-of-way, and prohibitions against extended parking of boat trailers on the subject preparty. S_t is the intent of the Association, and Porters ighile the existing OWr.8Y6 of fhe old Porters Neck development ri3va tTie rig T 0 ut. xze the water accesses, Ybe`se owners are not part of theAssociation, nor do they have a formal and mandatory homeowners a€,sociatior. in place, to the best of the knowledge of the .Association. Therefore, the ar..istinc owners cannot be mandated to contribute to the msintenan^n and upkeep of the accesses and the improvements thereon, nor can the Association., Cirectly, enforce its rules and regulations regarding ctese exisr,3_ng homeownere. However, it in the position of the Association that It can deny ut;.lizction Of the accesses to any owners not abiding by the roles enri regUations adopted for the common, good of all users of the facilities, and the ASaoCiation will exercise its prerogative to deny access to the access areas to owners, either members of the Association or not, that refuse to abide by the rules and regulations adopted for the common good, Addendum FgrtNeck. #1 "A FEB 25 I9M2 DIVISION OF COASTAL MANAGEMEyj RECENFI-) JUN 2 9 2015 Just this week a deeded owner has been turned down to receive a key to access the area as PNHOA wants him to pay $50. They have no right to require a fee for a key or to deny his access. I am tired of the hassle that PNHOA creates for a right that I had before they purchased the property. I experienced the same problem back in 2004. Many of my neighbors paid for a key as they felt pressure to. I had to hire an attorney to stand up for my deeded rights. I am attaching a letter from PNHOA requiring me to pay for a key and legal response (#1) that cost me several hundred dollars explaining why they can not charge or deny us access. It is unfortunate I had to take this on independently, when your permit states our rights. I attached an affidavit from Jack Stewart who passed out keys with no charge when the gate was originally installed and stated they had the ability to enact and enforce regulations relating to the use of access by their members not our deeded lot owners. (#2 attached letter) And a letter I received from PNHOA after my attorney's letter (#3). 1 consider this harassment on the part of PNHOA. I am tired of being the CAMA POLICE as we have notified the applicant, CAMA, New Hanover County zoning, Sherriff Department and NCDOT about the illegal parking that has occurred continuously since 1992. There has never been one car towed or PNHOA reprimanded from all the problems that have been documented and reported. (below photos is an email from Linda Painter) supposedly she had sent them a letter of notice of violation as well) But I doubt she did. The PNHOA is now addressing parking on Bald Eagle Lane, after a letter of warning of non compliance (attached #4) was issued by CAMA when we met with Robb Mairs to address their new permit. I have now asked him to take formal enforcement action as I have photos of more street parking and my neighbor not being able to get access since he sent the warning Without them patrolling and monitoring constantly this will continue. It is not our neighborhoods job and we have notified you all repeatedly of violations. I would hope that you carefully review the past problems and realize the situation can not be controlled unless PNHA is required to monitor the boat ramp constantly in the same manner they control the golf course (not allowing too many golfers on course and security guards at entrance) or make enforcement of rules to be strong as their Covenants and Restrictions, which protect their homeowners; in their subdivision. They could have someone launch their boats and return trailer back to their home and take a shuttle back. Similar to how PN Country Club has tee times controlled by starters. If you allow them to dredge, enlarge ramp and add kayaks the problems will only get worse. I feel it is CAMA obligation to make sure this situation is controlled and the original permit enforced to the letter. I attached letters (#5 #6) from NCDOT and 6 CAMA speaking about the off-street parking and NCDOT concerns about not having turn lanes for ramp. The property is too narrow and what they propose is over burdening our neighborhood. I have also included below the Superior Court order which PNHA has not complied with. People share keys and the ramp is used by many people who don't have a deeded easement. I have witnessed neighbors on Bald Eagle Lane without access rights using boat ramp as well as commercial fishermen. We have a ruling from the NC Appeals Court (below) stating that we were premature in our action since PNHOA only had a few homes built. But the court did state that it could become a nuisance in the future as the development got larger and we have a right to the enjoyment and safety of our neighborhood. CAMA refusal to address the off street parking after documentation shows the inability for enforcement of existing permit. I have had CAMA staff say, "you are our eyes for reporting problems." When will I get paid for my services? To allow them to enlarge the ramp and dredge would be like rewarding a bad student for his behavior. The time and effort we have taken to document, report violations and being ignored makes me feel the situation is out of control. a�CE!vEo JUN 2 9 2015 Hr.w aH;� � erw 7 9 13. The Plaintiffs are not entitled to permanent injunctive relief. IT IS THEREFORE, ADJUDGED AND DECREED AS FOLLOWS: 1. That the Plaintiffs request for permanent injunctive relief be denied. 2. That judgment be entered in favor of the Defendants to the effect that Defendants' usage of Lot 11A, Section B, Porters Neck Plantation and Lot 35A, Section B, Porters Neck Plantation, for purposes of gaining access to the water and Defendants, construction of improvements on said lots in accordance with the provisions of CAMA Major Development Permit #57-92 and the requirements of other applicable local, state and federal, ordinances, rules and regulations, is not violative of the restrictive covenants applicable to said lots. 3. That in order to reduce the likelihood that the utilization of Lot 11A and Lot 35A, Section B, Porters Neck Plantation, will become a nuisance. Defendant is ordered and directed to do the following: A. Post signage at the entrance of each lot indicating that the property is private, and access is restricted; and B. Limit, to the extent practicable, utilization of such lots to property owners within Porters Neck Plantation and those having easement rights thereover; and C. Provide by gate or chain controlled access to either of such lots upon which improvements are constructed, providing keys or combinations to such locks only to those entitled to utilization thereof. 4. That each party bear its own costs. This the 16th day of May, 1995. a!'Ys A. DAVID Q. LABARRE SUPERIOR COURT JUDGE PRESIDING RECEIVED JUN 2 9 2015 L/e%11M-Aht I1V 8 IPA(—,o PORTERS NECK HOMEOWNERS ASSOCIATION INC. July is, 1995 hir. Conrad Lowman 8537 Bald Eagle Lane Wilmington, NC 28405 Dear Conrad: I am certain by now you have noticed the sign that we have placed at the Waterway access which advises access users that their cars will be towed at their expense if they park in the grassed or barricaded areas. I hope that this will cause the access users, either those from Bald Eagle Lane or from Porters Neck Plantation, to be more careful in the future. Additionally, you may also be aware that we have recently instituted 24 hour security at Porters Neck Plantation. This added coverage will allow us to inspect the access areas during the hours of darkness and hopefully better control its use. Conrad, I appreciate the information you provided us regarding the improper parking that was taking place in the Waterway access and will continue to appreciate your comments so everyone will get the maximum enjoyment from the improvements we have constructed. B incere1 , J e At resident This letter was a response from the Superior Court order but as my pictures demonstrate they have never enforced the parking situation. His affidavit for court is attached where he states he gave me keys to pass out to deeded lot owners. Now PNHOA wants $50 for a key. �crwrD JUN 2 9 2015 os-M--:sss :s: sa nax:.:Eil-QEEYCIJ EE49 ,) n,:y Books, 363 N.C. it 690, 140 6.E.2d at 391 (gUoting Pennsylvania Co. v, Sun Co., 139 A. 909, 917 (Pa. 1927)), We believe, after carefully reviewing the present record, that, in light of the present state of construction in the golf developmant, the potential threat of over 1300 households having access to, and use of, the water access lots is merely anticipatory. Therefore, under socks, we Ccnclude consideration Of such a potential threat, which in clearly not established to a practical certainty, would be premature. Zh so holding, we do not foreclose plaintiffs from seeking injunctive relief should the utilisation of the water access lots :,t.gin to threaten the aquist, residential area (anvisisned by pee„miffs] in which the noise and haaards of vshioslar__tilrric would be kept at a minim and in which children could play with relative safety.* Loop, 271 N.C. at 775, 156 s.S.:e at ad - Accordingly, we affirm the trial court's erdsr denying plaintiffs' request for deolarstory and injunctive relief. hTfirsad. Judger Gasxn and 90W concur. Report per IIule 30(s). A TRUE COPY CLERK OF THE COURT' OF APPFALS NORTH CAROLIN 9Y ncru a ILLC Appeal Court ruling. RECEIVED JUN 2 9 2015 ,J4.AYY:iflpr } I IY. IM Examples of parking on lot across from boat ramp last year. (PNHA knew this parking was not allowed with NH County Zoning as they were preparing for a special use permit but they never stopped the parking until we complained. As I have stated I should not be the CAMA uolice. RFCEIVrD JUN 2 9 2015 Ii1-aF4'N111 IA lol1Y. 11 I P_ 13 loom Awl% q Nol", FqWP El A �- 15 WCI VFI� JUN 2 9 1015 16 �• .r.. _..,... SAFETY On traffic and safety, Bald Eagle Lane is very narrow state road with no side walks. A boat trailer for 15 feet boat are as wide as the driving lanes. Larger boats trailers exceed the width of the travel lane. When I walk and there is a trailer boat and car approaching each other there is not enough room for pedestrian and 2 cars to pass. Boats from PNHOA seem to ignore the safety issue and speed down road vs slowing or stopping for safe passage. Bikers are in same situation. We have a large community of walkers and bike riders and the increase traffic has a direct impact on their safety. I have been run off the road several times with the above scenarios. I do not feel safe to walk in my own neighborhood. Truck having to cross yellow line with me walking and Car boat trailer parked on Bald Eagle Lane 18 The inability to turn around on the boat ramp lot (property is not wide enough only 60 feet) means every boat that is launched has to back down from state road. There are no turning lanes and since ramp is located in low area cars have to stop quickly to avoid wreck. 19 State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 N'orrh McDowell Smer. a Raleigh North Carolina 27602 Jame, G. Marnn, Governor Roger N. Schecter William W Cobey Jr., Secretary Director April 16, 1992 MEMORANDUM pPF 1997. TO: Mr. Charles R. Fullwood, Jr., Director -- RAC 140 Wildlife Resources Commission '? Yiah3Wt — ervet� Attn: Habitat Conservation Pro ram B Co, ��% PrgArpn' FROM: John R. Parker, Chief Major Permits Processing Section SUBJECT: CAM&/DREDGE & FILL Permit Application Review Applicant: Porter's Neck Homeowners Asso., Inc. Project Location: Adjacent to Middle Sound off Bald Eagle Lane (SR14O1), New Hanover County. Proposed Project: Improvements consisting of parking, piers, floating docks, and a ramp to two community access sites on Bald Eagle Lane. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 6, 1992. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY _ This agency has no objection to the project as proposed This agency has no co®ent on the proposed oroject _ This agency approves of the project, only if the recommended \ yhanges are incorporated. See attached. \✓/ This agency objects to the project for reasons described in the attached comments. .,/ G Signed Date / - 4 PO F. . 1765 Rala h, North Carolina 2761176V Telephony 9@733 _93 Ar Equal Opmmnlc:.Af6 ma: r< on Emplrn r An Equal OvNnu• ' Ainrmatlw Actlor Emplvv f RECEIVED JUN 2 9 1015 wcE"4AHO F:liw 20 512 N. Salisbury Street, Raleigh, North Caroline 27604.1188, 919.733.3391 Charles R. Ful(wood, Executive Director MEMORANDUM TO: John Parker, Jr,, Chief Major Permits Processing Section, DEHNR FROM: Richard B. Hamilton Assistant Director DATE: May 18, 1992 SUBJECT: State dredge and fill and CAMA major development permit application for Porter's Neck Homeowners Assoc., Inc., adjacent to Middle Sound off Bald Eagle Lane (SR 1401), New Hanover County, North Carolina. The Wildlife Resources Commission has reviewed the subject permit application and biologists on our staff are familiar with habitat values of the project area. An onsite investigation was conducted on May 4, 1992 for the purpose of assessing impacts to wildlife and fisheries resources. our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 at. seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicant proposes to develop 2 water access areas associated with a large subdivision to include parking, fixed piers, floating docks and a boat ramp. Plans for the northern access area call for a concrete boat ramp and a gazebo/pier/dock structure capable of accommodating 4 boats. For the southern access area, a pier terminating in a T-head and 4-boat dock is proposed. A 20 sq. ft. patch of Soartina patens occurs at the northern area. A healthy border of Soartina alterniflora approximately 25 ft. wide and providing wading bird habitat during high water exists at the southern area. Area waters are classified SA-ORW, designated a Primary Nursery Area and open to shellfishing. Adverse impacts from the project include: Northern access area - coverage of 450 sq. ft. of shallow sandy bottom by the boat ramp, blockage of adjacent access channel (to neighboring piers) by proposed gazebo/pier/dock structure, incorporation of 375 sq. ft. of Public Trust Waters (PTW) by the pier and 625 sq. ft. (a violation of CAMA regulations) by the deck and dock. JUN 2 9 1015 21 /1' Memo Page 2 May 18, 1992 So th rn access area - potential shading of 125 sq. ft. of Soartina A21= iflora by the pier and incorporation of 175 sq. ft. of PTW, T-head and dock will incorporate 398 sq. ft. of PTW. We consider the adverse impacts associated with the project as proposed to be excessive and object to permit issuance if the following modifications are not made: - 1) Eliminate dock/pier from northern access area and relocate gazebo landward to high ground. a'. 2) Construct fixed dock at southern access area 4 ft. off marsh floor and leave a minimum of 1 inch gap between crossboards. These modifications will minimize encroachment on the access channel to adjacent piers and reduce the associated hazard to navigation. They will also bring the project into compliance With CAMA PTW regulations and reduce shading effects to coastal wetlands. Thank you for the opportunity to review and comment on this application. Please call on us for any additional assistance. RBH/lp cc: The Honorable R. G. Sowers, III Bennett Wynne, District 2 Fisheries Biologist Please review this Wildlife Resource Commissions review of this project in 1992. It supports that the area should not have been developed. CAMA has shown that they disregarded their own regulations. To allow the applicant to continue this would not be in the best interest of our ORW and Public Trust Waters. 22 I do not feel the new permit application has enough information to prove the water levels have changed since they took ownership and NH County Zoning has a policy not to allow new dredging in areas not dredge before and this being ORW waters we should protect the area as much as possible. They should be required to do a formal survey instead of having local CAMA official measure and compare. As you are aware NH County has a no dredging policy for areas never dredged previously. ORW Waters are to be protected and this dredging will not only cause degradation of the ORW waters but will make PNHOA folks feel empowered to use and abuse our neighborhood. The original CAMA permitting officer Terri Barret (Not sure of Spelling) stated to us that it would be a low impact to our neighborhood since no one could launch boats at low tide. I am attaching photos (#7) from before the ramp was built to show the slope of bottom does not have the depth for launching at low tide. This access is tide dependant. As well as an aerial picture (#8)before development of lot with ramp showing the water level have never been deep and the channel headed north vs south. CAMA has not enforced the rules and regulations of the original permit and only when we met about this pending permit were we able to get them to send a letter of violation to applicant. In my opinion, after 20 years of complaining and documenting the problems it seems to be too little too late. PNHOA have never enforced or stop any homeowners from using the boat ramp and parking on Bald Eagle Lane. The best way for this ramp to work would be to make the PNHOA responsible to patrol, tow and to levy fines and require them to return vehicle and trailer back to their home. They try to require deeded lot owners to do this which they can not enforce. It is not Bald Eagle Lane resident's responsibility to be the CAMA POLICE. The gate to boat ramp is left unlocked and open most of the time allowing anyone access. (photo below) The PNHOA could install an automatic gate as they have for their entrance on Futch Creek Road. (the problem is the PNHA won't use the same level of security in our neighborhood.) 1 wish CAMA worked as hard enforcing the original permit for us as they do working with the applicant and the new project. Here is another email (below) showing we have documented and notified local officials but I doubt Linda Painter issued a citation and if they did, then Robb Mair recent warning should be changed to a formal enforcement action as the parking problems have continued. The golf course community controls every aspect of their property except the access lot and has ability to levy fines for non compliance. They have a security detail at the front gate of community. But they won't adhere to CAMA regulations from State permit #57- 92. RFCEIVED JUN 2 9 2015 23 Conrad Lowman From: Painter, Linda [LPainter@nhcgo"OmI Sent: Tuesday, July 17. 2012 2.23 PM To: Conrad Low"" Subject. RE: parking bald eagle I`+ 61 ekend. will send violation occurs mostly on the we ihank'iou for the pi ure u.c crj and then civil citations will'o!low no: U c :r 1,-, Linda Painter I Zoning Compliance OfficialNOW HanovEr County Planning & Inspections -Punning & Jon ng', 230 Government Center 910 , 59lt I ilu p�ilmington NC 284031( From: Conrad Lowman [mail O:clow►nan@eC,rr WI Sent, Tuesday, July 11, 20121:11 PM To: Painter, Linda Subject: parking bald eagle Linda here are some pictures from this weekend on Bald Eagle lane Thanks Conrad RECEIVED JUN 2 91D15 -410r Mom. ... Rt� In summary, it is my opinion that CAMA needs to deny the permit due to the Applicant never being in compliance with permit #57-92. The continued illegal parking and denying keys to deeded lot owners at no charge are examples. My photography (attached #7 #8) taken before the ramp and pier was built, documents that the area is not suited for a boat ramp or dredging as there has never been a steep enough slope or depth to launch a boat at low tide. Dredging should not be allowed in an area that has not filled in but stayed the same. The area should have never been turned in to a ramp but should have been left as swimming access with pedestrian access only. This would have avoided all the problems that it has created. With our right of ingress and egress the deeded lot owners used the area for swimming fishing clamming and crabbing. Not boat launching. The comments from John Parker of NC Wildlife Commission above note that the project was in violation of CAMA PTW Regulations and the pier on Northern Access should never have been permitted. If they dredge and enlarge boat ramp more PNHOA will want to use it. With out strict enforceable rules (CAMA and NH County haven't been able to enforce in past) our street and neighborhood will no longer be the quiet residential area in which noise and hazards of vehicular traffic would be kept at a minimum and children, walkers and bikers could feel relatively safe. (NC Court of Appeals ruling). PNHOA telling their residents not to park on Bald Eagle Lane will be short lived. They will be parking there as soon as they get the permit unless you require them to park all of their vehicles back in their subdivision as it should be. If you allow them to add the Kayak racks that will bring more cars with no place to park. We don't want the south access to be turned into another parking lot and not be enforced. I hope you will use your discretion and deny the permit. A 60 foot wide lot is not ample space for all PNHOA wants. The developer used the access to sell inland lots with the promise of water access and unfortunately the 2 lots are too small to sustain the type of development proposed without causing hardships to adjacent property owners, our neighborhood and ORW waters. It is time to protect our neighborhood and our precious natural resources. Thank you, CJ l__� Conrad Lowman See Attachments I-8 26 Harvey R. Molloy 426 White Columns Way Wilmington, North Carolina 28411 910-686-7005 hrmollov@vahoo.com To: Bald Eagle Lane Deeded Access Residents From: Harvey Molloy Re: Marine Ramp Access March 17,2004 As most are probably aware there has been an ongoing problem with unauthorized people coming into the boat ramp area. We want to have everyone continue to be able to enjoy access; while at the same time have a level of security that will be reasonable and effective. To achieve these goals, the existing gate is in the process of being replaced. The new gate will be easier to operate and is to be located further down the driveway in order that vehicles and boat trailers will be able to pull off of Bald Eagle Lane while the gate is being unlocked. At the same time we are replacing the existing lock on April 15,2004 with a better lock. This letter is intended to give everyone advance notice of these changes and allow authorized residents time to acquire a new key. Attached are forms that are necessary for a key to be issued. The information will make it much easier to recognize vehicles and trailers that have authorized access. The $25.00 key/permit fee is refundable in the event you no longer wish to the key and permit. Please complete the necessary two pages attached and return with your $25.00 check payable to Porters Neck Homeowners Association. Upon receipt a key and tag will be issued in your name and will be available at the entrance to Porters Neck Plantation April I" or no later than the l 5s' assuming forms are received no later than April 12t°. It would be appreciated if you currently have a key that it is returned with the forms. Forms should be sent to me. If I can be of assistance fell free to call or send an e-mail. Harvey Molloy Porters Neck Homeowners Association Marine Committee RECEIVED JUN 2 9 2015 Z7 WEssELL & RANEY, L.L.P. ATTORNEYS AT LAW 107-B NoR Se " S� Po 0WrNZ BOX 1049 Wn.)nNQTON, NORTH CAROUNA 28402 30" C. Wb: sr� ul W 1. - IAM A. PA T. JR. March 23, 2004 Mr. Harvey Molloy 426 White Columns Way Wilmington, NC 28411 Mr. Virgil King Porters Neck Homeowners Association, Inc. 1630 Military Cutoff Road Suite 104 Wilmington, NC 28403 Re: Lots 11A and 35A, Section B Dear Mr. Molloy and Mr. King: TZ[ HON8 910-7627475 FAX 910-7027557 &&fAQ.AA 1®HeLLB0VPH.NZT Porters Neck I represent Conrad H. Lowman and Karen A. Lowman who are the owners of lots 7 and 34 of Section E of Porters Neck. Both lots are located on Bald Eagle Lane. They have asked me to communicate with you on their behalf regarding the use of lot 35A, Section B, Porters Neck, which is used for water access by property owners on Bald Eagle Lane and by members of the Porters Neck Homeowners Association. Mr. Lowman has provided me with the memorandum from Harvey Molloy to "Bald Eagle Lane Deeded Access Residents" dated March 17, 2004, regarding the proposed management of Lot 35A by the Porters Neck Homeowners Association, Marine Committee. The memo included a Release and a Vehicle Authorization Form. The Porters Neck Homeowners Association has no authority to impose rulez, no authority to prevent access and no authority to 'levy charges or fees against the holders of a deeded "right of ingress and egress over and through. . ." lot 35A. The easement rights deeded to the Lowmans for both of their lots does not make the right contingent on payment of fees or compliance with rules and does not impose any obligation on the Lowmans in connection with the exercise of their easement rights. The North Carolina Supreme Court has held that the owner of the underlying subservient estate (PNHOA) has a right to place a gate across a deeded access easement, but the holder of the easement is entitled to access through the gate without unreasonable interference. Setzer v. Annas, 286 N.C. 534, 212 S.E.2d 154 (1975). In the case of US v. Seagate Inc., 397 F.Supp. 1351 (Ed NC 1975) the US District Court for the Eastern District of North Carolina held that: RECEIVED JUN 2 9 2015 28 ,;ytuv Mr. Harvey Molloy Mr. Virgil King March 23, 2004 Page 2 The owner of an estate subject to an easement cannot use the [property) in a fashion that obstructs or materially impairs the easement holders use and enjoyment of his rights under the easement. Any activity by the (property) owner which would result in increased cost or inconvenience to the easement holder in exercise of his rights or which would create a safety hazard should those rights be exercised amounts to a material impairment of the easement interest. Requiring an easement holder to pay a fee, to pay maintenance expenses or to be bound by further rules as a condition of the use of the easement is a material and unreasonable interference with the rights of the owner of the easement. The Lowmans have just as much right to cross Lot 35A for access to the waters of Topsail Sound as they do to drive down the driveway on their own lot. The only difference is that they are obligated to share the easement with others who have similar rights. The rights of the Lowmans and other easement holders have been officially recognized by the Porters Neck Homeowners Association in at least two instances. First, in the Coastal Area Management Act Permit Application for improvements to Lots 11A and 35A the Association stated: while the existing owners of the old Porters Neck development have the right to utilize the water accesses, these owners are not part of the Association, nor do they have a formal and mandatory homeowners association in place, to the best of the knowledge of the Association. Therefore, the existing owners cannot be mandated to contribute to the maintenance and upkeep of the accesses and the improvements thereon, nor can the Association, directly, enforce its rules and regulations regarding these existing homeowners. The permit granted by the Division of Coastal Management indicates that it "is subject to compliance with the application ...1,. Second, in the Brief filed by the Association in the North Carolina Court of Appeals case captioned Porters Neck Quality of Life Association, Inc., Conrad H. Lowman, et al v. Porters Neck Homeowners Association, Inc., et al, the Porters Neck Homeowners Association stated: 2 � JUN ? `i Kli Mr. Harvey Molloy Mr. Virgil King March 23, 2004 Page 3 There will be no effort on the part of the �Xk�c 11 defendants (PNHOA) to deny plaintiffs U �t [Lowman] the right of utilization of lots 11A \ and 35A and the improvements to be constructed thereon, nor will there be any charge or maintenance fee to plaintiffs for such usage of the improvements. (Defendant-Appellee's Brief, p. 21) Please make arrangements to provide the Lowmans with a key to any locked gate installed by the Association. The Lowman may elect to voluntarily provide you with some of the information requested in your forms, but the provision of such information cannot be made a condition of their legal rights of ingress and egress over and through the property. if you wish to issue a permit/tag to the Lowmans, they may voluntarily agree to use it, but they are under no obligation to do SO. Please either provide the Lowmans with a key to allow access to the site or provide me your written response if it is your position that they are not entitled to a key. WAR:dc CC: Mr. Conrad Lowman YM\em i von\0.0a -OaG - Cal Sincerely, WESSELL & RANEY, L.L.P. �j6.) W. A. Raney, Jr. 7/ (JO RECEIVED JUN 2 9 2015 ��Vj-1e-o� 4,z mNI� PORTERS NECK HOMEOWNERS ASSOCIATION.INC. April 19, 2004 Mr. Conrad Lowman 8325 Bald Eagle lane Wilmington, NC 28411 Re: Boat Ramp Security Dear Mr. Lowman From your correspondence, we understand that you have refused to pay any fees of any kind rclaiicc to your rcplacc,;.cr ;:c A ""^ �" ^c tiel;wn that others shnulrl bear the cost of securing the boat access you enjoy. For the record, we disagree with your conclusion and believe that it is contrary to established North Carolina law. However, because the vast majority of users have agreed to bear their fair shares of these security measures, and because the cost of your replacement key is minimal in comparison to the expense of forcing your compliance, we have elected in this instance to provide you with one key. Please bear in mind that this action in no way suggests that we agree with or acquiesce in your position regarding the maintenance and protection of easement rights you may have. We remain firmly committed to the conclusion that you are obligated, both legally and morally, to share equally with others in the costs of the property rights you enjoy. Sincerely Virgi L. King President, Porters Neck HOA Cc: Bonnie Stone Chuck Truby Cathy Biamont Rich Donaldson Harvey Molloy Stuart Ball RFCENED �> JUN 291015 �n:.-t�rnil c�uv 1630 Military Cutoff Road, Suite 104 • Wilmington, NC 28403 • Phone 910-256-3792 9 Fax 910-256-3794 STATE OF NORTH CAROliINA IN TIE GENERAL COURT OF JUSTICE PORTERS NECK QUALITY OF� LIFE ASSOCIATION, INC., ) ROBERT F. OCHS, ALICE L. ) OCHS, CONRAD H. LOWMAN, ) KAREN A. LOWMAN, GRADY C. ) MERRIMAN, SUZANNE T. ) MERRIMAN, HYACINTH D. ) FUTRELLE, and M. ANN ) GRIFFITH, ) A F F A D A V I T of JACK STEWART Plaintiffs, ) VS. ) PORTERS NECK HOMEOWNERS ) ASSOCIATION, INC. and ) PORTERS NECK COMPANY, INC., ) Defendants. ) JACK STEWART, being first duly sworn, hereby deposes and says: 1. That I am currently the President of Porters Neck Homeowners Association. 2. That sometime ago I was personally requested by Conrad Lowman, a member of the Quality of Life Association, who lives at 8537 Bald Eagle Lane, to block off one ofthe easments available to Quality of Life members on Lots 11A and 35A, Section B, Porters Neck Plantation, to deny access thereto to the general public. Acting on this request, I had a chain placed across the entrance and locked. I then had numerous keys made for the locks and gave them to Conrad Lowman to distribute to the appropriate people who lived on Bald Eagle Lane that had access easements over the two Lots. ,F ENED JUN 2 9 2015 v b lieve that the Porters Neck 3. I further understand and e Homeowners Association has full authority to enact and enforce rules and regulations relating to the use of the access ways by its members and that the Board of Directors of the Porters Neck Homeowners Association have decided to enact such rules and regulations. 4. Attached hereto is a true copy of a letter I received, dated July 15, 1992, from the Division of Enviromental Management of the State of North Carolina approving the Stormwater Submittal for the access to lots. Further the d/eonent sayeth not. This the /lo day of September, 1992. J(;STEWA� SWORN To and subscribed before me, Th� e /(O� day of ptember, 1992 . N ARY UBLICC1 my Commission Expires: 'KNtD JUN 2 9 2015 NCDENR North Carolina Department of Environment and Natural Resources Pal McCrory Governor May 28, 2015 Mr, Stanley D. Weinrich Porters Neck HOA, Inc. c/o CAMS Management 1612 Military Cutoff Road #108 Wilmington, NC 28403 Subject: Compliance Assistance: State Permit No. 57-92, Porters Neck HOA, Inc. Dear Mr. Weinrich: Donald R. van der Vaart Secretary This letter is in response to complaints our office has received regarding apparent excessive traffic and congestion along Bald Eagle Lane adjacent to the existing Porters Neck HOA, Inc. community boat -ramp area located at 8540 Bald Eagle Lane, adjacent to the AIWW and Middle Sound, in New Hanover County, North Carolina. The submitted permit application for State Permit No. 57-92 referenced an addendum dated 2/2511992 stating the intent on the part of the Porters Neck HOA, Inc. to adopt rules and regulations governing use. These uses included prohibitions to park on the street or extended boat trailer parking on the lots. The addendum stated the intent to maintain the community access sites in a clean and uncluttered condition, and to deny access to anyone not abiding by the rules (see attached). Continued non-compliance may result in formal enforcement action by this Division. Please contact the Division of Coastal Management regarding this activity and I am willing to assist you in complying with the requirements of State Permit No. 57.92. Thank you for your time and cooperation in resolving this important matter, If you have any questions about this or related matters, please call me at (910) 796-7423. Sinc ' 4 / &7 Robb Mails Field Representative Cc: Roy Brownlow, District Manager & Compliance Coordinator -Morehead City Ken Vafier, New Hanover County WiRo Files JUN 2 9 2015 127 Cantina' Drive Ext., Wilmington, North Carolina 28405-3845 Phone (910) 796-7215\ FAX 910-395-39641 Internet: www.nccoastalmanagement n •^. =G'Jd0('po'Nsc, :..^al]C: ivl C� G'^G�0)6, n eA .0� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT February 23, 1998 Mr. Conrad Lowman JAMES B. HUNTJR. 8537 Bald Eagle Lane C�VERNOR Wilmington, NC 28415 Dear Mr. Lowman: VVAYM& MCDEVITT In keeping with your request, this will respond to our inquiry concerning the boat s[cR[TARY P� g y q Po Y q rY 8 launch facility developed by the Porters Neck Company on Middle Sound, off of Bald Eagle Lane. This project was authorized by the Division on August 14, 1992. A minor modification was authorized on Februay 15, 1993 under permit No. 57-92. ROO[R N. 9cmVCT[R DIRECTOR Your present interest, as one who was concerned about the original authorization, is about vehicle and trailer parking along the shoulder of Bald Eagle Lane, as I understand the matter. As you will recall, the lack of adequate parking within the project boundary and the lack of turnaround at the ramp, which required backing in off of the road down hill to the ramp, was debated at length by this office. The situation you recently described was pedictable. However, staff determined that the parking issue, alone, was not justification to deny the project under the Rules of the Coastal Resources Commission. File notes by me dated July 31, 1992 after a discussion with our contact with the DOT indicate that they had "concern about the traffic situation". It was further stated that an encroachment agreement would be required; and that turn off lanes may be needed. I trust this brief description of that 1992 review is of help in promoting safety and the facility. JRP: jr/aw cc: Bob Stroud DCM--Wilmington office Very sincerely, John R. Parker, Jr. Major Permits Processing Coordinator 15 JUN 2 9 L.i P.O. BOX 27667, RALEIGH, NC 27611.768712726 CAPITAL BLVD.. RALEIGH, NC 27604 PHONKS19-733-2293 FAX 919-733-149S AN EQUAL OPPORTUNITY / APPIRMATI VE ACTION EMPLOYER - BOMB RECYCLED/10% POET -CONSUMER PAPER STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS E. NORRIS TOLSON GmTRNOR SECRE"raR1' March 24, 1998 Mr. Conrad H. Lowman 8537 Bald Eagle Lane Wilmington, NC 28405 Dear Mr. Lowman: SUBJECT: No Parking .Area for Bald Eagle Lane This is in response to our visit to 8536 Bald Eagle Lane (which is Porter's Neck Homeowner's boat ramp) and your letter dated March 12, 1997. Your request was to have installed `No Parking' signs on the highway right of way at the water access area, for a length of 1000 feet in both directions. We have discussed this issue with both the Porter's Neck Homeowners Association and Division of Coastal Management, which permitted this boat access. Each of those organizations is in agreement that a no parking ordinance would assist in stopping those parking on the highway right of way. Therefore, we shall install the no parking signs when we can obtain a no parking ordinance and schedule the sign installation. Thank you for your concern of others' safety. Please let me know if you have any questions or need further information. Your/ul/y/ D. J, PE Division Engineer cc: R. D. Hawkins '2,-2Q 13 Bob Stroud, CAMA Karen Harmon, Porter's Neck Homeowners Assoc., Inc. 124 Division Drive, Wilmington, NC 28401 (910)251-5724 (910)251-5727(Fax) Jule z �- . I-: AWL` to 1-5 +Noe slno w wq Peach. ,sp lea t 91.o¢eu-e cRoSioN Mm SeAwAk\ N-� k-\oe_ f �n 21 4L v 'lk 1474-t . I.- Apw WIN ok J(v v April 21, 2015 Mr. Stan Weinrich Division of Coastal Management Wilmington District Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Dear Stan, I am responding to a letter that was written on March 17, 2015 and mailed certified to me, but was not received until today April 20, 2015. I have reviewed the application for a major development permit for the Porters Neck Homeowners Association (PNHOA) to improve their Community Boat Ramp and Park. I am the adjacent riparian property owner to the property on 8540 Bald Eagle Lane, and my property is 8536 Bald Eagle Lane. "YES," I do object to the proposal for dredging, excavation or ramp extensions to be done at 8540 Bald Eagle Lane. This work would have an effect on my bulkhead/seawall and disturb the area in and around it. I definitely object to any ramp extensions and dock extensions as well. That area is much too tight and narrow for the traffic already present. That is supposed to be a community dock for residents on the street of Bald Eagle Lane, but is obviously used by many other people and there Is no control or monitoring of its use. The area located at 8344 is a much larger and wider lot and is much more appropriate for a boat ramp and extended dock. I certainly have no objections to improvements being made to the park on 8344 Bald Eagle Lane, but do object to the work at 8540 Bald Eagle Lane. Sincerely, . Kel No ann RECEIVED CC: Stanley D. Weinrich Porters Neck Homeowners Association c/o CAMS Management 1612 Military Cutoff #108 Wilmington, NC 28403 MAY 2 6 20b I,w:pa�luhiu 4:Uy RECEI Ddm SIN (APR 2 9' 2015 April 21, 2015 Mr. Stan Weinrich Division of Coastal Management Wilmington District Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Dear Stan, I am responding to a letter that was written on March 17, 2015 and mailed certified to me, but was not received until today April 20, 2015. I have reviewed the application for a major development permit for the Porter's Neck Homeowners Association (PNHOA) to improve their Community Boat Ramp and Park. I am the adjacent riparian property owner to the property on 8540 Bald Eagle Lane, and my property is 8536 Bald Eagle Lane. "YES," I do object to the proposal for dredging, excavation or ramp extensions to be done at 8540 Bald Eagle Lane. This work would have an effect on my bulkhead/seawall and disturb the area in and around it. I definitely object to any ramp extensions and dock extensions as well. That area is much too tight and narrow for the traffic already present. That is supposed to be a community dock for residents on the street of Bald Eagle Lane, but is obviously used by many other people and there is no control or monitoring of its use. The area located at 8344 is a much larger and wider lot and is much more appropriate for a boat ramp and extended dock. 1 certainly have no objections to improvements being made to the park on 8344 Bald Eagle Lane, but do object to the work at 8540 Bald Eagle Lane. Sincerely, Kel No mann CC: Stanley D. Weinrich Porters Neck Homeowners Association c/o CAMS Management 1612 Military Cutoff #108 Wilmington, NC28403 RECEIVED MAY 2 6 2015 6v-�U,IW H4 D M WILMINGTO , C APR 22 201 18 April 2015 Division of Coastal Management Wilmington District Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Application for Major Development Permit Porters Neck Homeowners Association - Pnhoa Comments from Grady and Suzanne Merriman 8400 Bald Eagle Ln Wilmington, NC 28411-9311 (910)686-9334 Dear Sirs: The purpose of this letter is to comment on and object to the projects described in the Porters Neck Homeowners Association Application for Major Development Permit. Stormwater runoff combined with the launching of kayaks over the bulkhead at Site B-8344 Bald Eagle Lane will result in significant injury to the marshgrass and marine habitat as has happened before when this area was a launching site for waterfowl hunters. The hunting has abated possibly because it was a difficult launch site but it has taken years to restore the marshgrass. The fact that for several days Hurricane Floyd stormwater was pumped from the golf course across Bald Eagle Lane directly into the Waterway will give you some insight into their level of concern for stormwater runoff. Enclosed are some photos of Site B taken on the afternoon of April 15`h, the day we received the Homeowners Association Certified Mail (dated March 171h and postmarked April 9th. The photos show the present good condition of the marshgrass and the shallow gradual slope of the waterway toward the channel. There is simply not enough water at this location to support a launching/retrieval operation which is likely the reason the Association elected to build their pier at Site A (North Site — Community Boat Ramp). They are now finding it necessary to request permission to dredge and extend the launching ramp at Site A. It's probable that similar requests will arise in future because dredged areas fill in, tidal patterns change and respect for the environment wanes. Thank you for considering our input. Si erely, ,�rtS%��---w.� �G 8y d uzanne Merriman 8400 Bald Eagle Lane Wilmington, NC 28411-9311 (910) 686-9334 Cc: Stanley D Weinrich, President, Porters Neck Homeowners Association Robert F. Ochs, President, Porters Neck Quality of Life Association RECEIVED MAY 2 6 2015 V6"1 I M4y U4-V RECEIVED DCM WILMINGTON, NC APR 2 2 205 i a• f i r n ea... �r-.� �• �,•1-- v"si` ram. .. •��wi�+�-r��_ �:. �' *WW�±±{{',,_���11 - - oF•�.r•I" '�,Ma .-y�1�ami�. LIJ LLI LLJ h l .•gjw yp• �"'p�,rJ! +it,•+mil; i7dx`• �A.�l�i �. � y� �/J. 4�'r! LI�_ S 9 /' R'�r� NM��'r n 1 _ y t l A: yj�� S/ Yt:f�a�% % t Jr:Nirw� )!��•�r�.•F v fr{tv� a YISn{y`v t }}¢'� 5+ rl+ +r / Jp{ F.nr•*•"��t` r �([p(� rr �� ♦�a { l _ +" �,� ad to `x'Yr` r r� { h%`i �!• 1r'::{•. (rh., . �, �.Y����.1i%lll���".?�1f�_w,� i��try yy - `V j�%•a �6a?P����N�r��t i .t �/iR ��1 _'�.(r {, ..LJ _+ar'1 ���i._ A ,, �,,•' 'tl " S 1! r},f, .��+c1 1. _ 1 i Imo_ T.\itM� •4� ...Qc ...t t. t '� •i a"�n •n ".Y-•. a � 4 • r. M ' .r Y' �.,s �� �z�. _ .� �� April 29, 2015 Robb Mairs NCDENR 127 Cardinal Drive Ext Wilmington NC 28403 Per our earlier conversation, and also one with Stanley Weinrich (the president of the Porters Neck Home Owners Association), we strongly object to the proposed Porters Neck "new dredging" request. This dredging was denied in 2008, which should and does set precedence on how this request should be viewed at this time. This property; a 59 foot wide lot, less than a half -acre, with a pier and a boat ramp, is sitting in a cusp, off of the strait of the ICW; lends itself to a natural sand filling area in front of Rich's inlet, which has caused a natural, sandy beach. Therefore, this will be continuously accreting and depleting naturally, as it should be, and will continue to complicate further dredging problems if started now. Medium to high tide will allow loading and unloading of up to at least a 22 ft boat at this time. Therefore, they need to use and enjoy what they have. "It is what it is". It may become deeper on its own, thus letting nature takes its course. Every few years, new members of Porters Neck Home Owners, head up different association areas, such as the boat landing, and try to gain much more than what the area is naturally limited to and zoned for. Many of these new members move in from areas unfamiliar with the coastal tide, ebb and flow, and environmental issues dredging can cause. They typically want what is good for them and not our environment. It was a great selling tool for Porters Neck to give all of the new development areas and housing rights to this beach/park/landing (originally 200 houses 10 to 15 years ago, but now have over 600 plus). This has certainly OVER CAPACITIZED, to say the least, of this sliver of property that they have sold to all of the home owners. The hard panned bottom goes all of the way out to the center of the waterway and this dredging would not get far enough out for boats to come and go during low tides. It would remain shallow before they got to the dredged area. Enclosed is a photo showing just how shallow this is even out 200 feet, next to our dock. RECEIVED Unquestionably, this is a safety hazard to have people and pets swimming, sunbathing, and children MAY 2 B 2015 playing in the sand, on a natural sandy beach, with a boat ramp on a 59 foot wide lot. The ramp k14W+-twriw �uL driveway entrance is located in a low point on a narrow, hilly road causing several close accidents. This is a dangerous situation when trying to navigate and back a boat down a narrow boat ramp. RECEIVED DCM WILMINGTON, NC MAY 0 7 2015 ' � r , . tl' � ,. r n . E _ ' �1. i v .� d .� As for the renewing of the dock; I am aware of the 2 foot pods designed to be placed under floating docks to keep the dock from settling entirely on the bottom of the sea floor, therefore helping with less intrusion to marine life. That repair should obviously be done. As for the Kayak racks; the retaining wall on my property was inset three feet from the property line when built so that I could maintain the wall. As long as the racks are not place any closer than that, we do not have a problem with this proposal as well. Thank you for your attention to this matter. Please let me know if I can provide any additional information. James and Teresa Wicker (E v6cl' D' �� U r RECEIVED MAY 2 6 7015 61A,W AMW 644 RECEIVED DCM WILMINGTON, NC MAY 0 7 2015 �va MAY 2 B ?415 WILM NIGTON, NC B � if f tir r f� I R Rib %M Alf 0 i I ;3 n 1 Wanda Canada 8324 Bald Eagle Lane, Wilmington, NC 28411 910-686-9490 wcanada@ec.rr.com Mr. Braxton C. Davis, Director NCDENR of Coastal Management 400 Commerce Avenue Morehead City, NC 28557-3421 RE: CAMA Major Application for Lots 8344 and 8540 Bald Eagle Lane Dear Mr. Davis: I would like to express my support for Bald Eagle Lane residents who are in opposition to the above Major Permit Application because of the following: Bald Eagle Lane is a narrow street in the original Porters Neck Subdivision begun in the early 195Os, with each lane less than eight feet wide. We are a separate subdivision from Porters Neck Golf and Country Club which was developed 40 some years later. The Boat Ramp facility at 8540 Bald Eagle Lane was never intended to be more than a small, meager facility for approximately twenty lot owners who had deeded rights to this facility at a time when owners mostly had small, simple -to- launch boats. The launching area has always been shallow and tide -dependent, making it difficult to assure departing and returning schedules. It would require constant re -dredging to use the boat ramp the way Porters Neck Homeowners Association would like. Modifying this boat ramp and/or pier to meet the needs of an additional 600 or more homeowners from the Porters Neck Golf and Country Club does not make sense, as the facility can never be made adequate. What it will do is increase the usage, which in turn increases illegal street parking, more storm water run-off, more trash in the water, more danger to pedestrians, and the high probability of injury due to limited sight capability at the driveway to the ramp. Drivers have to back their boat trailers down this narrow entrance, which is tediously tricky for even experienced drivers. This leaves the vehicle/trailer blocking the road to oncoming sight -challenged traffic. RECEIVED JUL 0 2 2015 H "-Wmw r.04r' Perhaps because of the ocean breeze and less traffic, Bald Eagle is a busy street for active joggers, older residents, dog walkers, bicycle/motorcycle groups, skateboarders, and baby strollers — not to mention a large deer population. Needless to say, we also have many drivers and construction/delivery trucks who disregard the 35 mph speed limit and drive at whatever high speed they wish. Stretch a boat trailer across two lanes and you have a tragedy waiting to happen. The Picnic Area at 8344 Bald Eagle is a low-lying lot subject to flooding in major storms. Given this scenario, I can only cringe at what Kayaks and the lumber used to build their storage rarks would do to adiacent homes. This was originally designated as a Picnic_. Area, not a place to store boating equipment. It is also subject to illegal parking and runoff problems similar to ones for the boat ramp at 8540 Bald Eagle. The PNHOA has been saying from the early 1990s that they will police the illegal parking, but it has not happened —nor is it likely. Please deny this Application for both lots. da Porters Neck Quality of Life Association CC: Robb Mairs, NCDENR Wilmington Chris O'Keefe, NHC Planning Director RECEIVED JUL 0 2 2015 ti -i—'qJ MnN bµr, v Robert Schupp 8317 Bald Eagle Lane Wilmington, N.C. 28411 June 28, 2016 Braxton R. Davis, Director NCDENR Division of Coastal Management 400 Commerce Ave. Morehead City, N.C, 28557-3421 Re: CAMA Major Application for 8344 & 8540 Bald Eagle Lane, Wilmington, N.C. Dear Mr. Braxton, My name is Robert Schupp and I have been a resident of Bald Eagle Lane in Porters Neck, Wilmington, N.C. for 30 years. I understand there has been an application from the Porters Neck Homeowners Association for a new CAMA permit for more dredging to lengthen the boat ramp at both water accesses and adding kayak stands . This will only make it more congested and add additional traffic to an already busy street making it more dangerous for those of us who like to jog, bicycle, and run. Parking on Bald Eagle is at a minimum and to enhance the area for more vehicles will only add to the congestion. I am a careful driver but I have to be especially careful getting in and out of my driveway because of no shoulder to get to for those exceeding the posted speed limit of 35 m.p.h. Increasing the size of the boat ramp for larger watercraft means larger vehicles and less space for myself and others using the roadway. My mailbox is sufficiently off the road but has been struck at least five times by larger vehicles with boats and trailers in tow because of no shoulder to retreat to. There is also the issue of security. To get into the "gated community" there is a guard house with an attendant 24/7 to restrict access only homeowners and guests. The golf course is patrolled daily by rangers to keep non-members off the course and those without permission out of the neighborhood This is definitely not the case at the water accesses. I have not seen a security guard at either location to verify those coming and going as legitimate users. PNHOA wants to add additional traffic on Bald Eagle Lane but not to those within the compound. It seems that to enhance the ramp with minimal parking and little, if any, security is short sighted. Keeping the ramp at its current size should not encourage additional traffic thus making security and parking more manageable for PNHOA. I understand PNHOA is in non-compliance with the original CAMA permit issued in August 1992. I feel certain that in your position no other permits will be considered until obligations of the initial permit are met. I do not support consideration of a new permit if the issues heretofore mentioned are not addressed in a satisfactory manner. Thank you for your consideration of this letter. vjd-,L� cere/Ily Robert Schupp RECEIVED JUL 01 1015 lcH-mmw t µr 3 Julia S. Worth 8040 Bald Eagle Lane, Wilmington, NC 28411 910-915--4070 jworth@ec.rr.com June 16, 2015 Mr. Braxton C. Davis, Director NCDENR Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557-3421 Re: CAMA Major Application for 8344 & 8540 Bald Eagle lane, Wilmington, NC Dear Mr. Davis: I appreciate the opportunity to comment on the above -mentioned project. My concerns are: Legal Notice The required signs were posted on the two sites on June 1. Thank you for extending the comment period in response to the error in publishing the notice in the Wilmington Star -News. Land Use The two lots are zoned simply R-20S (with no add -on designations). The boat ramp site (8540 BEL) does not qualify as a "Community Boating Facility" under the New Hanover County Zoning Ordi- nance. As noted in the earlier DENR correspondence file on this site (CAMA Major Permit 57-92) it is a non -conforming use, and under County regulations it must be brought into compliance if it is to be expanded. Also, the application form itself does not address another point — that both of these lots are subject to deeded private water access rights by perhaps 20 property owners on the west side of Bald Eagle Lane who are not members of the PNHOA. These deeded rights were given to west -side owners when the first Porter's Neck Plantation subdivision (legally unrelated to PNHOA's subdivision) was approved in the 1950s (not the 1980s as stated in the Application). The purpose of these easements was to en- hance the desirability of those west -side lots by allowing low -intensity walk-in use by very close resi- dents. In the 1980s, the developer of the Applicant's subdivision acquired these two lots, subject to the existing access easements, and incorporated use of them into the Applicant's amenity package. It seems reasonable that the easement holders on Bald Eagle Lane be given specific notice of this Appli- cation and sign -off opportunities, as is the case with abutting owners. Parking & Traffic Changing the use of these two lots (as noted above) from a few dozen homeowners to more than 600 homeowners was predicted in 1992 to create significant parking and traffic problems. As a result, park- ing restrictions along Bald Eagle Lane were added to the 1992 CAMA pemvt (Application Addendum, p. 2) for both of these sites. However, the Applicant has never been willing and/or able to effectively implement those parking restrictions. PNHOA members routinely park on the right-of-way of Bald RECEIVED N JUN 19 2015 bcw-w+tiy a•+» Eagle Lane and requests from the Board of PNHOA to re- frain from doing so go unheed- ed and unenforced. In addition, traffic issues have multiplied with this increased use. The boat ramp site is at the bottom of a dip in the road and traffic arriving from both the north and the south cannot see cars with trailers entering or exiting the driveway to the boat ramp. Because there is no room to turn around on site and because the ramp is narrow, vehicles with trailers must back in Across from boat tatnp on Memorial I .tN ac,trend, 2015 very slowly from Bald Eagle Lane. Any approaching traffic from either direction has to stop for these maneuvers, a dangerous situation because of the limited sight distance. It is unclear whether the boat ramp site has ever been granted a driveway permit from NCDOT (condition 7 of the 1992 permit), but it is clearly not in compliance with current standards. In short, intensifying the use of these two sites will only increase the parking demand and the traffic congestion, and the Application shows no effort to either acknowledge it or solve it. Wedding paricing at south site on May 2, 2014. RECEIVED JUN 19 2015 Dredging 00se M" ekf+ The Application's drawings for the dredging site are difficult to read in reproduction. Furthermore, combining cross-section and overhead views in a single drawing makes them even more difficult to m decipher. If the Commission requests clarification or modification of this Application, please also ask for clearer drawings. It is my understanding that the Applicant asks to reestablish the water depths from an earlier dredging project ("maintenance dredging" in section 5d on page 3). However, the 1992 permit did not include any dredging. Indeed the Applicant has not submitted any evidence that the proposed dredging area - under and around the current pier, perpendicular to shore - has ever been dredged, other than (per- haps) inadvertent prop -wash dredging. The historical aerial photo on Google Earth dating back to 1993 seems to indicate some earlier dredging in front of this property roughly parallel to the AIW W channel, farther east. Please refer also to photos submitted by Hyacinth Futrelle in the 1992 CANIA correspondence file showing low -tide conditions. And the somewhat deeper water indicated in 1993 in front of the property immediately to the south may well have been the result of wave action against the bulkhead on that property. At any rate, the manmade channel shown in the current Google Earth images (see image below) and in Futrelle's photographs has little relevance to where the Applicant proposes to dredge now. Boat Lift The Recommendations section of the Field Investigation Report refers to a boat lift (p. 4). The Appli- cation does not list one. If this was a late addition or a verbal addition, the Application needs robeENEo amended. JUN 19 1015 Kayak Racks A-.14 The four kayak racks seem to be unsecured in any way. Since they are proposed to be located very close to VE flood zones, they will present a very real danger of floating off of the sites into the AIW W, or the public roadway, or nearby private property. Hurricane -force winds would also transport them. M If the racks are approved, please add conditions to secure the kayaks to the racks, and the racks to the ground. Absent a set of stairs, a ramp, or a ladder to traverse the 3-4 foot bulkhead at the south site (8344 BEL), it is unclear why any rack is proposed there. Pier Length The Field Investigation Report lists the current pier as 65' long (p. 2) and the proposed pier as 95' (p. 3). The Application does not mention an extension of the pier length (p. 3, section 5d). Either the Application or the Report needs to be amended. Due to the deficiencies in the Application as noted above, I request disapproval of this proposal. cc: Robb Mairs, NCDENR Wilmington Chris O'Keefe, NHC Planning Director Ken Vafier, NHC Planning Ben Andrea, NHC Planning Dylan McDonnell, NHC Planning Christine Bouffard, NHC Planning Sincerely, S. orth J 1 RE. EIVED JUN 19 2915 W6h#- HWk:u"% Tina Youngs 8521 Bald Eagle Lane Wilmington, N. C. 28411 910 686 9602 June 8. 2015 Braxton C. Davis, Director NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Reference: PNHOA Major Cama Permit Application Dear Sir: I wish to express my concerns over the pending issuance of a Cama major permit to the Porters Neck Homeowners Association. My first concern is issuing a new permit when there is non-compliance of Cama permit #57-92 issued August 14, 1992 and the second is parking on the southern access without a Cama permit applied for or County classification and applicable ordinances in place. The residents of Porters Neck Subdivision (Bald Eagle Lane and part of Futch Creek Road) are not members of the PNHOA. We are an adjacent community in which the PNHOA accesses are located. My husband and I have lived on Bald Eagle Lane since before the PNHOA acquired the northern and southern accesses on our street and have seen the many changes. There is an addendum attached and mentioned in Major Cama permit #57-92 dated August 14, 1992. This addendum applies to both the northern and southern accesses. One stipulation is that there be no parking along Bald Eagle Lane. I don't remember when there hasn't been parking on the street around the boat ramp, especially weekends and holidays. RECEIVED JUN 0 81015 W%00 11H Nita 0 PNHOA has handed out copies of their rules to the homeowners along with keys to the facilities. However, they have never enforced the rules. Since applying for the new permit and receiving a non-compliance letter, they have emailed to their residents the rules and stated that police will enforce when called (dated June 2). The residents of Bald Eagle Lane asked and received "No Parking" signs from DOT in 1992 extending north and south adjacent to the northern access. DOT agreed a narrow two lane road, with a facility between hills, and parking on the side of the road, with boats in and out of a driveway, was dangerous. These signs never stopped the parking. We have also called the police many times over the years and it does not work. This is a low priority. Usually they don't show up or it is hours later. We have also called the PNHOA Security Guard House, New Hanover County and Coastal Management for help. We still have illegal parking because of lack of enforcement. Are PNHOA security guards going to monitor this situation? Is it still up to Bald Eagle Lane residents? Again, this applies to both waterfront accesses. These inadequate accesses were never intended for the potential number of homeowners (600) in the PNHOA. Parking is minimal and it is an unique situation. However, the rules were agreed to. Compliance is compliance. Why would a new permit be issued, which will certainly add to the number of users, when the problems with the original permit are not resolved? The southern access is also located between hills on Bald Eagle Lane. There have been minor improvements. It has been used in the past for social gatherings. Again the "No Parking" on Bald Eagle Lane addendum agreement comes into play. There are no DOT signs on this site. Over the years there have been some cars parked on the right of way and the access. The new permit application includes a kayak rack. There have been statements made they want parking. What are the parking arrangements for this access? On May 27a' the PNHOA sent an email to their residents about an organized Kayak Outing. Because of limited parking, they were advised to park at the southern access. I have seen no application for parking with either Cama or New Hanover County. Since 1992 New Hanover County's classifications RECEIVED JUN 0 81015 r hM-NawanM MN� f" and ordinances have changed. If there is to be parking (as indicated by the email or associated with kayak rack users), shouldn't Cama and the County's classifications and ordinances come into play? If this permit is issued please include the addendum attached to the original permit #57-92. Thank You, Tina Youngs RECEIVED JUN 0 9 2015 f""M"pw jolt* 10 June 3, 2015 Mr. Rob Mairs Division of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405-3845 Dear Rob, It was good to speak with you on Wednesday. Again, as I discussed in our phone conversation, I OJBECT to the proposal of application for a major permit for the Porters Neck Homeowners Association (PNHOA) to improve the Community Boat Ramp. I do not have any problem with their proposal for improvements to the park though, located at 8344 Bald Eagle Lane. When I purchased my home at 8536 Bald Eagle Lane 10 years ago, the boat ramp was a quiet area used by residents in the Porters Neck area to go and sit on the dock to enjoy the view of the water, and secondly, to have boat ramp access for property owners of Porters Neck. That has changed though. Now, the boat ramp area at 8540 has changed to a community park used not only by Porters Neck residents, but everyone else who wants to drive over and have access to the water. That area is not controlled or monitored, so anyone can walk around the gate and come use the space. Every weekend now, it is a congested area of boats, jet skis, swimmers, kayakers, and just people enjoying the day with a picnic, etc. That is not the intended use of that space. Instead, that is the intended use of the park property at 8344 Bald Eagle Lane. Enhancements and improvements to the boat access area are only going to increase and expand the existing problem. I already have people parking in my grass at the road to walk over and use that area. This is a problem and must be stopped. The boat ramp area needs to be brought back to the use of the local Porters Neck area residents using it to sit on the dock for enjoyment, as well as occasional use by Porter's Neck property owners to use the boat ramp. If the activity continues and increases, it will not be long before there is an accident. The property is not a park and should not be used as one. The lock on the gate should be changed and the keys to the lock should be controlled. All picnics, swimming, kayaking, fishing, and boating should be done at the intended park located at 8344 Bald Eagle Lane. Please call me at 919-770-4387 if you have any questions. Thank you! el Normann Property Owner 8536 Bald Eagle Lane cc: Stanley D. Weinrich Porters Neck Homeowners Association c/o CAMS Management 1612 Military Cutoff #108 Wilmington, NC 28403 RECEIVED JUN 11 20n W►*-sums W", RECEIVED DCM WILMINGTON, NC Ah 0 8 2015 ;AWIF� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary June 9, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notices in New Hanover County • Jennifer B. Tatum • Porters Neck HOA Kyle & Heather: Please publish the attached Notice in the Thursday, June 11, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, S�tid.�✓ K. Simpson Permit & Customer Support Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Crumbley — USACE Linda Painter, LPO RECEIVED Michele Walker- DCM JUN 11 1015 M�.W-uaPtH 1-t+d N. C. Division of Coastal Management 127 Cardinal Ddve Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Alfirmabve Adon Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern in Wilmington, New Hanover County, as designated under the CAMA. According to said applications, On April 22, 2015, Jennifer Tatum proposed to reconfigure an existing docking facility at 1713 Canady Rd, adjacent to Pages Creek, and on May 21, 2015, Porters Neck HOA proposed to enhance existing common areas at 8344 & 8540 Bald Eagle Lane, adjacent to the AIWW and Middle Sound Copies of these applications 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 July 2, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JUN 112015 6>'rA ilP) mtv mCAMA PERMIT yoo APPLIE FOR PROJECT: com Eag oses to enhance existing Sound, in Wilmington, New Hanover County. APPLICANT: .. Twe ld FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: .-� -NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington,ldC 28405 Robb Mairs, Field Representative 910-796-7423 /k)fi 0'-) -?(),e7Ees Alm-��� ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. I lT ■ Attach this card to the back of the mailpiece, IfF,--=*� or on the front If space permits. 1. Article Addressed to: /i1/..0'A%f. vla 11hts A/1 ae *- noDD Na/al Eqy/e Lh f, /✓G a "// 2. Article Number (rmnsfer from service label) PS Form 3811, July 2013 A�-rItA- ,�-e �. D. Is delivery address different from Item If YES, enter delivery address below: Agent 3. Service Type )ItCertifiedMalle ❑ Priority Mall Express' ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 7014 2120 0002 6922 4826 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete hem 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: 2'�/I �raaKuio�d Tai / 19 nec Ived bf(Printed Name) C. Date of Delivery � Nnrn�en,t 5.2f!.• I.� D. Is delivery address di(ferantkarn item 1? ❑ Ye: If YES, enter deltveiav: ❑ No DCM WILMINGTON, NC JUN 01 Z015 � id,NG Z 73,30 3. Service Type Certified Mail* ❑ Priority Mail Express^ ❑ Registered ❑ Return Receipt for Merchandise ❑ insured Mall ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 (rmnsfer from service let______ 2120 0002 6922 4819 PS Form 3811, July 2013 Domestic e m —__ RECEIVED JUN 0 3 2015 1-1400-Omw wiJ I ^or 4 r �� cDORR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor Donald R. van der Vaart Secretary May 21, 2015 Advertising@stamewsoniine.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notices in New Hanover County • Jennifer B. Tatum • Porters Neck HOA Kyle & Heather: Please publish the attached Notice in the Saturday, May 23, 2615 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 Division 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. Sin ly, Shaun K. Simpso Permit & Customer S Division of Coastal Management Jonathan Howell - MHC DCM RECEIVED Tyler Crumbley — USACE MAY 2 g 70'K Linda Painter, LPO Michele Walker- DCM N. C. Division of Coastal Management 127 Cardinal Drive EA, Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.neoDastalmanagement.net An Equal Opportunity 1 Aflimative Action Emp" NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern in Wilmington, New Hanover County, as designated under the CAMA. According to said applications, On April 22, 2015, Jennifer Tatum proposed to reconfigure an existing docking facility at 1713 Canady Rd, adjacent to Pages Creek; and on May 21, 2015, Porters Neck HOA proposed to enhance existing common areas at 8344 & 8540 Bald Eagle Lane, adjacent to the AIWW and Muldle Sound Copies of these applications 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 June 13, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED MAY 2 6 2015 Jo MAJOR PERMIT FEE SCHEDULE Porters Neck HOA / $400 / New Hanover County DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 1 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be a lied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 1zl-C1IV[ U MAY 2 6 2015 L1L.rw mr I 1 I DENR CAMA Daily Check Log for WIRO Dare Received Deposi fed Check From Name Name o/PevmM Holder Vendor Check Number Check amount Permit Number/Comments Relund/Realloeated 15 4.23.15 Archie MCGirt and Janet Batten same First Citizens Bank 7941 $600.00 bulkhead penn_d 3562� $200,00'GP 65139D 719 $200.00 GP 65185D 515 4.23.15 Mellinee antl John Hunt same NC State Employees' Credit Union 015 4.23.15 R. Burak Erem _ same BofA 015 4.23.15 �Chades D. Carmen Jr. same Piedmont Advantage Credit Union 1029 $200.00 GP 65197D iM 4.23.15 Southeastern Coasal Construction Co. King First Federal 9440: $200.00 GP 65198D P22015 015 4.23.15 Charles Douglas Wilson or Carolyn Wilson same TD Bank 4936 $100.00 renewal fee, MP 38-12 015 4.23.15 Maritime Coastal Construction LLC Thompson CresCom Bank 2087 $200.00 GP boatiift 6393 Mazelle Tr. OIB 015 4.23.15 Coastal Marine Piers Bulkheads LLC Tatum Wells Fargo Bank 20158 $250.00 major fee, NHCo 015 4.23.15 Alied Marine Contractors, LLC McLeod BofA 7363 $250.00 majorfee, TB, PN 015 4.23.15 Kayla Midgett same Marine Federal Credit Union 185 $200.00 GP 65170D 015 4.23.15 Backwater Marine Construction Inc Frank Pope BB &T 1889 $200.60 GP 64601 D 4/212 115 4.23.15 Clements Marine Construction D Logan First Citizen Bank 3779 $300.00 GP 64612D $200 Jam Properties/Dan Smfth transferred from Lucien Ellson MP 65-07 renewal $too 4.23.15 F and S Marine Contractors In. Williams PNC Bank 4450 $400.00 GP 64611 D 4.23.15 Willie Clarence Richardson Town of Holden Beach BB &T 5995 $2.000.00 GP 65122D $400 James and Jane Warren _ GP 65190D (M$600 Made Buchanan _ _ _'GP 65191D $400 Elliott W. and Francis H. Shaver _ GP 65192D @$400 F4123/2015 Judy H. and Paul C. Starks, Jr. GP 651930 $200 4.27.15 Thomas Power Systems, Inc. Thomas Besedin B of A 3425 $200.00 NOV 15-06D 4.27.15 Custom Island Homes by Ken Kisler LLC William Cnccher CresCom Bank 3317 $200.00' GP 6206 E. yacht, OI 4.27.15 Money order for Brandon Grimes Donald Howell Wells Fargo Bank 17-182261643 $30000 '. GP 65182D @$400 4.27.15 Money order for Brandon Grimes Michael Kurich _Wells Fargo Bank 17-182261642 $50000 GP 65183D @$400 2159574 $400 00 major fee, NHCo 2 4.27.15 Kimley-Hom & Assoc., Inc. City of Wilmington -Heide Trask Bridge Walkway Wells Fargo Bank 424/2 5.1.15 Porters Neck Homeowners Assoc., Inc same North State Bank 3941 00.00major fee, NHCo 4124120151427.15 1 Carolina Marine Terminal, Inc IAltamar Inc. PNC Bank 26651 $100.00 mod fee, 46-92 _ 4242015 4.27.15 APM Construction, Inc. 508 Tradewind appl. South State Bank 1517 $100.00 minor fee, Naylor. NTB 4/242015 VCC, Inc. 110 Sanford Street BB &T 3372 $200 00 ? $200 00'GP for 996 Gaye Ave, TB 4242015 427.15 twin Ray McDonald, Jr. same Charles Schwab Bank 1018 4/27/2015 4.27.15 _ Clements Marina Construction Anthony Jeffs First Citizen Bank 3767 $250.00 major fee, PNCo 4/272015 Merril LeMoine or Louis LeMoine same B of A 115 $100.00 minor fee, NTB, Ons Jason Dail, returning check 4/27/2015 Quartermaster Store @Marker 90 R. Barley TD Bank 917 $400.00 major fee, 579 Leans Rd, Hampstead _ 4272015 5.1.15 Coastal Marine Piers Bulkheads LLC Paul Sommers Wells Fargo Bank 20169 $200.00 GP 64613D 4282015 5.1.15 O'Quin Construction Robed and Rhea Allison First Citizens Bank 8049 $100.00 minor fee, 6083 6th St., SC, Ons 4282015 5.1.15 Money order for Brandon Grimes Kevin Post Norm Amer. Banking Co 347408M $100.00 GP 65171 D $600 4282015 5.1.15 Money order for Brandon Grimes Kevin Post Norm Amer. Banking Co 86 3474087 $500.00 GP 65171D @$600 4292015 James W. Jones Jr. and Donna Jones Bob Lee PNC Bank 1702 $200.00 GP for 218 Simmon Road, Wilm 4/302015 5.1.155.1.15 1 David S. Sharpe, Jr. and Raymond P. Sharp same SunTrust 1713 $200.00 GP 65189D 5112015 Boalzright, Inc. Barbara Zucker First Citizens Bank 1859 $200.00 GP for 315 Summer Rest Rd, Wdm 5112015 Craig Hollingsworth and Ashley Hollingsworth same South Slate Bank 1608 $200.00 1 GP 64614D 5/12015 Coastal Marine Piers Bulkheads LLC V. Edward Bean Wells Fargo Bank 20176 $200.00 GP 646150 5112015 Compass Pointe Engineering PA Supply Group, Inc BB &T 3112 $400.00 majorfee, Lewis Dock Project, Vamamlown 5142015 Daniel C. Wallets Sr same BB &T 1481 $200.00 GP 64602D 5142015 Allied Marine Contractors, LLC Heard B of A 7421 $200.00 GP 65146D 4/302015 Town of Ocean Isle Beach same Branch Banking & Trust Co. 68599 $200.00 minor fee, 15-14 & 15-15@$100ea. � m U9 Qa - m G- RECENED JUN 0 8 2015 .WH W RECEIVED JUN 0 9 2015 W M'Mlh�kfjiv Z 1 • Huggett, Doug From: Mairs, Robb L Sent: Thursday, July 16, 2015 8:30 AM To: Julia Worth Subject: RE: CAMA major timeline Julia, The permit application is currently under review through the DCM Morehead City Office. The application was received complete on May 20, 2015 and the projected deadline for making a decision is August 4, 2015. An additional 75-day review period is provided bylaw when such time is necessary to complete the review. Feel free to let me know if you need any further assistance. Thanks, Robb Mairs, Field Representative NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910)796-7423, Fax: (910)395-3964 robb.mairs(�ncdenr.gov Please visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Julia Worth lmailto:iworth0ec.rr.comj Sent: Wednesday, July 15, 2015 8:40 PM To: Mairs, Robb L Subject: CAMA major timeline Could you please let me know the schedule for considering the CAMA major request from Porter's Neck FICA for 8344 & 8540 Bald Eagle Lane in Wihnington? Thanks very much, Julia S. Worth UM North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 20, 2015 Porters Neck HOA Attu. Mr. Stanley D. Weinrich c/o CAMS Management 1612 Military Cutoff Road #108 Wilmington, North Carolina 28403 Dear Mr. Weinrich: The Division of Coastal Management hereby acknowledges receipt of your application for the proposed development located at 8344 and 8540 Bald Eagle Lane, adjacent to Middle Sound/AIW W, near Wilmington, New Hanover County. It was received as complete on May 20, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is August 4, 2015. An additional 75-day review period is provided bylaw when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from May 20, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed. development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. erely,� rtebtiVCp obb L. Mairs Field Representative MAY 2 6 1015 Wilmington District Office oCM-AaHr Clry N.C. Division of Coastal Management cc: Jonathan Howell, DCM Tyler Crumbley, USACE Linda Painter, NH Co. N.C. Division of Coastal Management 127 Canal Drive Ed., Wilmington, NC 28405 Phone: 910.796.72151 FAX: 910395-3964Internet www.nocoastaimanagement.net An Equal Opportunity 1 Afirmahe Action Employer NO T 1 (01$ 17,A CAMA PERMIT APPLIE �4 wicant proposes to Ciomlrflunity lCommert area Eagle-L r Sound FOR enhance existin timingron, ivew Hanover c;o _J_e 13 j20155_ APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: PNHOA can CAMS Management it NC Div. of Coastal Management Attn- Sta„iPyj D_ WPinrir_h 127 Cardinal Dr. Extension 1&12 Mili*ary Ciitnff Road # 108 Wilmington, NC 28405 Wilmington, NC 28403� Robb Mairs, Field Representative m 910-796-7423 < � N m t p Y 2010010504 FOR REGISTRATION REGISTER OF REDS JENNIFER H. NRf1E15N NEW HANOVER COUNTY. W 2010 APR 20 12:23:31 PM 8K:5480 PG:ill-1121 FEE:0.00 fNSiRN 1300 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax:S0 Parcel identifier No. R03803-0O6-001-M Verified by County on the _ day of , 20_ By: Mail/Box to: Grantee This instrument was prepared by: W. Woods Dover, Stalon. Doster, Post. Silverman & Foushee. P.A. "WITH NO OPINION ON TITLE" Brief description for the Index: THIS DEED made this _JP day of April 20 10 by and between WILLIAM K. NORMANN and wife, PARKER S. NORMANN RECEIVED GRANTEE 0,-11,11101/ 4Wy PARKER SMITH 14ORMANN Living Trust Agreement Dated March 10, 1999 Address: 2411 Brookwood Trail comPLErE THIS sEcnoN• II • ON DELIVERY Sanford, NC 27330 ■ Complete items 1, 2, and 3. Also complete A. Signature Item 4 if Restricted Delivery is desired. ❑Agent X The designation Grantor a • Print your name and address on the reverse ❑ Addressee B. Received by (Printed Name) C. Date of Delivery singular, plural, masculine so that we can return the Card to you. B P ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different JmT ite [t ❑ Yes and If YES, enter d Iry Q �q No the W ITNESSETH, that the C by these presents does 1. Article Addressed to: L) IV14lv0zr IIIVU I NC City of ' described as follows: APR 2 9 2015 Norman Parker Smith Living Trust Mr. William Norman 3. Service Type 8536 Bald Eagle Lane ❑Certified Mail• OPriority, Mail Express - Wilmington, NC 28411 ❑Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery The property hercinabove 4. Restricted Delivery') (Extra Fee) ❑ Yes Amapshowingiheabovc 2. Article Number 71314 (Trransferfmmservicelaoey - 212� ❑�02 6922 4864 PS Form3811, July 2013 Domestic Return Receipt _ - JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 N1f N1RNf 11Nf tffNNflRflff ff NR11f 1fNNf fliffiNNlfitMIRRNII IffiNNf 1ff111f f it!\11NNfNNt111f f f 11NNIi1i1iN Filed For Registration: Book: Document No.: Recorder: ON2012010 12:23:31 PM RE 5480 Page: 1118-1121 2010010504 4 PGS $25.00 JOHNSON,CAROLYN State of North Carolina, County of New Hanover RECEIVED MAY 2 6 1015 o6wi-iwnw 6uv, PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2010010504* 2010010504 Exhibit "A" All of Lots 34 & 35, Section B, Porters Neck Plantation Subdivision, as shown in Map Book 5, Page 23 of the New Hanover County Registry, which map Book 5, Page 23 is incorporation herein by reference. Together with such title and interest, if any, Grantor has to that portion of land and water lying between both Lots 34 and 35 heretofore referred to and the Inland Waterway within the lines extending Grantor's property lines as shown on the afore referred to map running at a right angle of the road across the land, water, etc. to the edge of the brland Waterway. Grantor makes no warranty of title to the premises mentioned in this paragraph. pajulieldaedslnormann, parker smith Ilving trust • bald eagle lm.docz RECEIVED MAY 2 61015 bhwtw•twrtu s.u,* TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The property described in this deed does does not contain the principal residence of at least one of the Grantors. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as a and ear firs above written. (SEAL) (Entity Name) LIAM K. NORMANN By: (SEAL) Title: PARKS . NORMANN By: _,— Title: By: Title: State of North Carolina -County of L-r_tZ —_ (SEAL) a notary public of County, North Carolina, do certify that on this day of ; 2010, before me personally appeared William K. Normam and wife Parker S. Normarm personally known t o me by satisfactory evidence to be the persons whose npmes are signed on the preceding or attached record, and a _ d�ed4o tAF_ t they, signed it voluntarily for its stated purpose. I f/Al 0Tq Oa : yam _ n • . _ __� 4 �r m i, Notary Public ;r'pVDLIC,'�' �h��. �A.l����p� i •.ti ` i - Typed or printed name of Notary Public myoonlgtti ro�! The foregoing Certi ficate(s) of is/are certi0ed to be correct. This instrument and this certificate are duly registered at the date and lime and in the Book and Page shown on the first page hereof. Register of Deeds for County Deputy/Assistant - Register of Deeds RECEIVED MAY 2 6 2015 I$ Deed and Deed of Trust Davis Foundation - porters Neck Company, :Eno. September 12, 1988 • ' • -a a' M • > mcr 3 n. Being a tract of land situated in Harnett Township, New Hanover County, C-) North Carolina and more particularly described as follows; HE7GItdTSN, at an iron pipe located in the southern right of way of North Carolina Secondary Road 1491, said right of Way being 60.00 feet wide and X. Q. said iron pipe being the northern most corner of Porters Neck Plantation, m Section E, as recorded in Map Book 6, Page 1 of the New Hanover County Registry; thence from said BE';ZNNINC along the western line of Porters Neck Plantation, Section E, S. 62 degrees 24-minutes 00 seconds W. 155.88 feet to an iron pipe; thence S. 33 degrees 50 minutes 00 seconds W. 543.12 feet to an iron pipe; thence S. 40 degrees 57 minutes 30 seconds W. 3.02.03 feet to an iron pipe; thence S. 56 degrees 10 minutes 00 seconds E. 22.66 feet to a concrete monument; thence S. 33 degrees 50 minutes 00 seconds W 16a.00 feet to an iron pipe at the northwest corner of lot 35-A of Porters Neck Plantation, Section E; thence along the northern line of said lot, S. 56 degrees 10 minutes 00 seconds E. 300.00 feet to a Concrete monument in the western right of way line of North Carolina Secondary Road 1491; thence along said right of way line S. 33 degrees 50 minutes 00 seconds W. 60.00 feet to a concrete monument, said monument being the southeast corner of the western portion of Lot 35-A; thence along the southern line of lot 35 A N. 56 degrees 10 minutes 00 seconds W. 300.00 feet to an iron pipe in the western line of Section E of Porters Neck Plantation;- thence along said line S. 33 degrees 50 minutes 00 seconds W. 380.00 feet .to a concrete moment; thence N. 56 degrees 10 minutes 00 seconds W. 222.38 feet to a Concrete aarnm ent; thence S. 27 degrees 24 minutes 52 seconds W. 402.71 feet to an iron pipe; thence S. 39 degrees 10 minutes 59 seconds W. 263.85 feet to a concrete monument, thence S. 52 degrees 20 minutes 00 seconds E. 192.09 feet to a concrete monument; thence S. 37 degrees 40 minutes 00 seconds W. 679.53 feet to a iron pipe; thence S. 36 degrees 42 minutes 00 seconds W. 606.68 feet to an iron pipe, said pipe being the ' northwest corner of Lot 11-A of Porters Neck Plantation, Section E; thence along the northern line of said lot S. 53 degrees 18 minutes 00 seconds E. 300.00 feet to an iron pipe on the western right of way line of North Carolina Secondary Road 1491; thence along said right of way line S. 36 degrees 42 minutes 00 seconds W. 60.00 feet to a concrete monument, said monument being the southeast corner of the western portion of int 11-A; thence along the southern line of said Lot 11-A N. 53 degrees 18 minutes 00 seconds W. 300.00 feet to an iron pipe in the western line of Section E of Porters Neck Plantation; thence along said line s. 36 degrees 42 minutes 00 seconds W. 860.00 feet to a iron pipe; thence S. 53 degrees 18 minutes 00 seconds E. 89.00 feet to an iron pipe; thence S. 36 degrees 42 minutes 00 seconds W. 201.93 feet to an icon pipe in the northern riot of way line of North Carolina Secondary Road 1491 (Nixon Blvd.), said toad having a right of way RECENED i MAY 2 8McK]M&CREED u�,�, ew Ha rHa width of 60. 00 feet; thence along the northern right of way line of said road the following courses and distances, N. 49 degrees 02 minutes 00 sernnds W. 1451.73 feet, N. 49 degrees 51 minutes 15 seconds W. 153.58 feet, N. 52 degrees 45 minutes 42 seconds W. 102.31 feet, N. 58 degrees 27 minutes 40 seconds W. lo2.95 feet, N. 63 degrees 56 minutes 08 seoords W. 102.68 feet, N. 68 des 27 minutes 07 seconds W. 102.48 feet, N. 73 degrees 21 minutes 47 seconds W. 135.64 feet, N. 79 degrees 53 minutes 12 seconds W. 1124.85 feet to an iron Pipe, said iron Pipe being the southeast co corner of Plantation Village; thence along the eastern line of Plantation C0 Village N. 10 degrees 06 .Minute, 07 seconds E. 1499.94 feet to an iron Pipe, the .northeast corner of Plantation Village; thence N. 13 degrees 44 O minutes 02 seconds E. 2305.61 feet to an iron pipe in the southern right of y line of North Carolina Secondary Road 1491 (Fetch Cxee% Road); thence ,p. along the right of way line the following causes and distances, S. 70 Cv> degrees 53 minutes 56.seconcs E. 621.00 feet, S. 69 degrees 37 rdnatan 08 seconds E. 40.95 feet, S. 65 degrees 31 minutes 53 Seeds E. 51.75 feet, �. S. 57 degrees 22 minutes 47 seconds E. 54.93 feet, S. 47 degrees 17 minutes 56 seconds E. 56.54 feet, S. 35 degrees 21 minutes 23 seconds E. 53.24 feet, S. 24 degrees 42 minutes 27 seconds E. 48.41 feet, S. 15 degrees 17 minutes 43 seconds E. 47.08 feet, S. 06 degrees 30 mirnit�e 13 ..,...,. as E 55.45 feet, S. 00 degrees 23 minutes 23 nd W. 61.11 feet, S. 01 degrees 56 minutes 30 seconds W. 179.56 feet, S. 00 degrees 14 minutes 19 EgOon9s E. 103.22 feet, S. 10 degrees 25 minutes 49 seconds E. 106.10 feet, S. 23 degrees 25 minutes 43 seconds E. 109.20 feat, S. 45 degrees 07 m]11UtES 15 SQoonds E. 112.59 feet, S. 70 degrees 42 mutates 26 Seconds E. 113.41 feet, N. 84 degrees 32 minutes 08 seconds E. 112.95 feet, N. 60 degrees 33 minutes 21 seconds E. 112.33 feet, N. 37 degrees 47 minutes 15 seconds E. 110.75 feet, N. 19 degrees 49 minutes 21 seconds E. 115.94 feet, N. 13 28 rdnUtps 59 seconds E. 626.57 feet, N. 14 degrees 21 minutes 48 seconds E. 84.84 feet, N. 19 degrees 58 minutes 00 seconds E. 95.96 feet, N. 29 degrees 49 minutes 44 surds E. 93.11 feet, N. 46 degrees 18 minutes 18 Seconds E. 91.17 feet N. 63 degrees 23minutes28 seconds E. 82.12 feet, N. 69 degrees 59 mlrnrtes 37 secondsE. 251.73 feet, N. 74 degrees 08 minutes 11 seconds E. 95.04 feet, N. 88 degrees 51 minutes 49 seconds E. 91.22 feet, S. 72 degrees 30 minutes 24 Seconds E. 91.17 feet, S. 57 degrees 40 minutes 09 seconds E. 79.47 feet, S. 53 degrees 12 minutes 04 seconds E. 189.24 feet, S. 54 dew 45 minutes 22 seconds E. 102.08 feet, S.- 60 degrees 57 minutes 54 seconds E 104.67 feet, S. 72 degrees 24 minutes 10 seconds E. 106.11 feet, S. 83 degrees 57 minutes 26 seconds E. 105.88 feet, N. 85 degrees 13 minutes 43 second., E. 112.84 feet, N. 81 degrees 48 minutes 15 seconds E. 112.17 feet, N. 87 degrees 14 minutes 03 seconds E. 95.39 feet, S. 80 degrees 27 minutes 20 seconds E. 94.20 feet, S. 70 degrees 34, minutes 41 seconds E. 90.83 feet, S. 68 degrees 14 minutes 55 seconds E. 361.62 feet, S. 66 degrees 15 minutes 48 Seconds E. 98.29 feet, S. 61 decrees 36 minutes 50 seconds E. 97.39 feet, S. 56 degrees 06 minuter S4 sew E. 97.01 feet S. 49 degrees 31 seconds E. 107.28 feet S. 46 d , 59 trarn,� ' $ 55 minutes 10 e�erorris E. 504.11 feet, S. 42 degrees 59 minutes 26 seconds E. 95.39 feet, S. 29 dew 35 minutes 22 seconds E. 92.28 feet, S. 13 degrees 31 minutes 17 seconds E. 92.40 feet, S. 00 degrees 14 minutes 48 seconds E. 76.39 feet, S. 03 degrees 20 minutes 56 Seconds W. 131.90 feet, S. 00 degrees 35 Minutes 43 seconds W. 303.91 feet, S. 11 degrees 15 minutes 44 seconds E. 206.33 feet, S. 20 degrees 38 minutes 37 seconds E. 43.86 feet to an iron r BEGINNING and be a ' pipe, the ing portion of the pzrperty described in Deed gook 624 RECEIVED MAY 2 61015 4--)-MqCM&C= J/Zi c e m Page 568 and Lots 35-A and 11-A of Section E of Porters Neck Plantation as shown on a plat recorded in Map Hook 6 Page 1 of the New Hanover County Registry. Tract 3 also contains Lots 35-A and 11 A of Section B of Porters Neck plantation as shown on a plat recorded in Map Hook 5 Page 23 of the New Hanover County Registry. Lots 35-A and 11-A more particularly described as follows., C7) Lot 35 A Southeast of North Carolina Saondary Road 1491 LO .. -� Beginning on an existing concrete monument in the southeastern edge of the C�3 60.00 foot riot -of -way along North Carolina Secondary Road 1491 at South 56 degrees 10 minutes 00 seconds E. 60.00 feet fren an existing concrete Q monument in the southeastern boundary of the herein described Tract 3,- thence frtrn the point of Beginning along the Northeastern boundary of Lot 'Q- 35-A as shown on the aforesaid plat recorded in Map Book 5, Page 23 the following 3 Oos".s and distances: (1) S. 56 degrees 10 minutes 00 Seconds E. 590.55 feet +\- to a point in the western edge of right-of-way along Atlantic Lntza Coastal Waterway, (2) along edge of R,/W S. 39 degrees 06 minutes 43 seconds W. 6C.26 feet and (3) N. 56 degrees 10 minutes 00 sends W. 585.00 feet to an existing concrete monument in the aforesaid southeastern edge of R/`W; thence along said P,/W N. 33 degrees 50 minutes 00 omis E. 60.00 feet to the point of Beginning containing 0.810 acre +\-. Lot 11-A Southeast of North Carolina Secondary Road 1491 Beginning on an iron pipe in the southeastern edge of the 60.00 foot right- of-way along North Carolina Secondary Road 1491 at south 53 degrees 18 minutes 00 seconds E. 60.00 feet from an iron set in the southeastern boundary of the herein described Tract 3; thence from the point of Beginu=)g and along the northeastern b=xiazy of Lot 11-A as shown on the aforesaid plat recorded in Map Book 5, Page 23 the following 3 c:urses and distances: (1) S. 53 degrees 18 minutes 00 seconds E. 452.17 feet +\- to a point in the western edge of right-cf-way along Atlantic Intra Coastal Waterway, (2) along edge of R/W S. 39 degrees 06 miMites 43 seconds W. 60.05 feet and (3) N. 53 degrees 18 minutes 00 seconds W. 449.65 feet to an iron set in the aforesaid southeastern edge of riot -of -way; thence along said edge of " N. 36 degrees 42 minutes 00 seconds E. 60.00 feet to the point of Beginning containing 0.621 acre +\-. The above described tracts are shoran on a plat of survey by McKim & C17eei Engineers, P.A. dated August 24, 1987 and contain a total area .of 400.70 acres. RECEIVED MAY 2 6 2015 1.16N:-lYlnl.l l.w, McK1M&C= yZ/ SepteVbar 12, 1988 Description of Tract 4 of Porters Neck Assoc, properties Being a tract of land situated in Harnett Township, New Hanover Ckxrty, North Carolina, lyirg apprmm=taly 535 feet saxtheast of North Carolina Secondary Road 1400 and 552 feet north of North Camlina Secondary Rid 1491 and. being mere particularly described by courses and distances acr+oz "rq to a survey perfortmsl in August, 1987 and septenjbpr, 1988 by YJZI m & Creed Erxjir" s,P.A. BENINNIM on a point in the O=non botx any line between Tract 2 of Porters Neck Associates prn+perty and the C.N. Davis Ptundation properties at S. 63 degrees 53 minutes 28 seconds E. 504.63 feet frtm an irOn ,et3n }},y northeast edge of the 60.00 foot right-of-way along North Carolina Secor+daly Road 1400, thence fray the point of Beginning and along said o=n b=xIB y the following (2) courses and (1) S. 63 degrees 53 minutes 28 secorxs E. 461.26 feet to an iron s. et and (2) 10 degrees 02 minutes 28 Be=-s E. 112.14 feet to an iron set in the northern b=ldary line of Plantation Village (Reference Deed Book 1350, Page 1667 and Deed Book 1359, Page 789 New Hanover Cacuity }registry) at N. 79 degrees 53 minutes 12 seconds W. 970.06 feet from an iron found; thence along said line N. 79 degrees 53 Minutess 32 seconds W. 482.00 feet to an iron foLuxl at the northwest corner of Plantation Village, said iron also being N. 10 domes 06 mirlutes 01 secOnis E. 551.79 feet fr= an existing nail and cap in the center of North Carolina Secondary Road 1499; thence along a new line and a continuation of the western bacuziaxy of Plantation Village N. 10 degrees 06 mimTt;es 01 seconds E. 232.38 feat to the point. of Beginning, containing 1.765 acres by D.M.D. RECEIVED MAY 2 6 7015 w6wi-wmw w.ue /qW-MciQA&CRF-M . 4 , , III, aaii� Y 9 � + r to U. Postal service CERTIFIED MAIL® RECEI Domfofle Mail only wrbsluatwww,ue aroomar for w i ru o Ib bnn lb.. qA l.i. r7 no.u,-. ri ".1.111.11". l�'v.... L1 ll rrl!r .m rn ln, •I, ni r-a o,,.n r•, r.•.,r. r, t..r.. fU A,,, fill DOMMUO M*1101 MordNly 1Mornu ru O... ..... O �.... ..n,,.,. ,.�,... 0 i•d:.i I ........... rul .,..rrc Pld 11.,. l— ',.off. '.,.da, /ll'': "- ".i %♦ r _ J MAGNOLIA STATION WILMINGTON, North Carolina 284119192 3613950405 -0094 05/711/2015 (800)275-8777 04:35:19 PM Sales Receipt I'I minct Sale Unit Final Description Oty Price Price SANFORD NC 21330-8200 Zone-2 $1.20 FirstClassMail Large Env 1.30 oz. Expected Delivery: Fri 05/22/15 eP Certified Mail $3.45 USPS Certified Mall M: 70142120000269224819 Return Roceipt $2.80 Issue Postage: $7.45 WILMINGTON NC 28411-9315 Zone-O $1.20 First -Class Mail Large Env 1.30 oz. Expected Delivery: Fri 05/22/15 PP Certified Mail $3.45 USPS Certified Mail 8: 70142120000269224826 Return Receipt Issue Postage: _-$2.8L $7 45 RECEIVED Total: MAY 2 61015 $14.90 Paid by: 16LW-Iwny6un• Cash $20.00 Change Due: -$5.10 P8 For tracking or inquiries go to USPS.com or call 1-800-222-1811. Order stamps at usps.com/shop or call 1- goo Go to usps.com/clicknship to print shipping labels with postage. For Other Information call 1-800-ASR-USPS. #Aw#.Y####w####w########M#########USPS### Get your mall when and where you want it with a socuro Post Office Box. Sign up for e box online et usps.com/poboxes. P#AAA#A#AA##ASw##P######S#A#S##SPSwP##w# Bill#: 1000601215410 Clerk; 11 All sales final on stamps and postage Refunds for guaranteed services only Thank you For your b 58i9kO - - -- . _ _ . aGM W_ILMINGTC)N, NC c/o CAMS Management, 1612 Military Cutoff #108, Wilmington, NC 29403 Certified Mail — Return Receipt Requested May 20, 2015 Mr. & Mrs. William Norman 2411 Brookwood Trail Sanford, NC 27330 Dear Mr. and Mrs. Norman: As you are aware, Porters Neck Homeowners Association is applying for a CAMA Major permit for maintenance, repair and enhancements of its waterfront properties, located at 8540 and 8344 Bald Eagle Lane, in Wilmington, North Carolina. The specifics of the proposed work including the application forms and drawings were mailed to you last month. Attached is an updated drawing, page 15/21 of the previously mailed package. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the added detail in the drawing to keep you current and to give you the opportunity to comment on the project. Should you have any objections to this proposal, please send your written comments to, Division of Coastal Management, Wilmington District Office, 127 Cardinal Drive Extension, Wilmington, NC, 28405-3845. If you have any questions on this project, please call me at 910- 319-7266, or e-mail me at tomasuralisa@gmail.corr . Sincerely, Lisa A. Pelosi Co -Chair, PNHOA Marine Resources Committee Enclosure cc: Robb Mairs, NCDENR RECEIVED MAY 2 6 2015 C.CV-AAHR? i;", RECEIVED DCM WILMINGTON, NC MAY 21 Z015 c/o CAMS Management, 1612 Military Cutoff #108, Wilmington, NC 29403 Certified Mail — Return Receipt Requested May 20, 2015 Mr. James A. and Mrs. Theresa R. Wicker 8600 Bald Eagle Lane Wilmington, NC 28411 Dear Mr. and Mrs. Wicker: As you are aware, Porters Neck Homeowners Association is applying for a CAMA Major permit for maintenance, repair and enhancements of its waterfront properties, located at 8540 and 8344 Bald Eagle Lane, in Wilmington, North Carolina. The specifics of the proposed work including the application forms and drawings were mailed to you last month. Attached is an updated drawing, page 15/21 of the previously mailed package. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the added detail in the drawing to keep you current and to give you the opportunity to comment on the project. Should you have any objections to this proposal, please send your written comments to, Division of Coastal Management, Wilmington District Office, 127 Cardinal Drive Extension, Wilmington, NC, 28405-3845. If you have any questions on this project, please call me at 910- 319-7266, or e-mail me at tomasuralisa@gmail.corr Sincerely, Lisa A. Pelosi RECEIVED Co -Chair, PNHOA Marine Resources Committee MAY 2 6 2015 Enclosure W"M-U"w bw'Y" cc: Robb Mairs, NCDENR RECEIVED DCM WILMINGTON, NC MAY 21 Z015 E.P� Poit-u_iis NECK I10MF.01N'tiras Assoc, _"_ c/o CAMS Management, 1612 Military Cutoff #108, Wilmington, NC 28403 Certified Mail — Return Receipt Requested March 17, 2015 Mr. Grady and Mrs. Suzanne Merriman 8400 Bald Eagle Lane Wilmington, NC 28411 Dear Mr. and Mrs. Merriman: Porters Neck Homeowners Association is applying for a CAMA Major permit for maintenance, repair and minor enhancements of its waterfront properties, located at 8540 and 8344 Bald Eagle Lane, in Wilmington, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of our plans in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to, Division of Coastal Management, Wilmington District Office,127 Cardinal Drive Extension, Wilmington, NC, 28405-3845, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-319-7659, or e-mail me at stanweinrich@yahoo.com. Sincerely, Stanley . Weinrich President, Porters Neck Homeowners Association Enclosures RECEIVED DCM WILMINGTON, NC PF 12 niti 4?4V"5 • Gmail - Re: 8344 Bald Eagle Ln. Lisa Pelosi <tomasuralisa@gmail.com> Re: 83" Bald Eagle Ln. 1 message Stanley Weinrich <stanweinrich@yahoo.com> Reply -To: Stanley Weinrich <stanweindch@yahoo.com> To: Customer Service<customerseruce@classiclandscapesnc.com> Thanks so %" much. Stan Stanley D. Weinrich From: Customer Service<customerseruce@classiclandscapesnc.com> To: stanweindch@yahoo.com Sent: Tuesday, April 14, 2015 12:52 PM Subject: 8344 Bald Eagle Ln. Stanley, Tue, Apr 14, 2015 at 1:19 PM I have no objections to the CAMA permit to improve 8344 Bald Eagle Lane. Sincerely, Tony Parker President Classic Landscapes 910.395.2500 www.classiciandscapesnc.com RECEIVED MAY 2 6 2015 RECEIVED DCM WILMINGTON, NC APR 2 9 2015 eSO Shipment -- Label Page 1 of 1 Fran: (919) 7744711 Origin ID: HNCA KEE NORMANN e 1094WELLS LARGO ADVISORS OR 10113-010 FL 01 H8113-010 FL 01 SANFORD, NC 27330 2 `A71'JAw SHIP TO: (919) 774-4711 BILL SENDER DIVISION OF COASTAL MANAGEMENT MR. STAN WEINRICH WILMINGTON DISTRICT OFFICE 127 CARDINAL DRIVE EXT WILMINGTON, NC 28405 Delivery llllAddress Bee ll IIIII l ll III ll ll l III I I I II II I II III III III I I I I 111111 Ref# 0051980 RECL„ Invoice# DCM WILMINGTON, N0,I1; dV11 MINGTON, NC PO # H6113-010 Dept# es0 APR 22 20151 7805 3209 8954 NA ILMA ip-R'2 i-jflfi5 V+ WED - 22 APR 10:30A PRIORITY OVERNIGHT DSR RES 28405 NC US GSO IIIN�IIAI�I IIIIIIIIIII''I&II Illllull RECEIVED MAY 2 61015 6v4 u-umw I.un https://fabst-win.wellsfargo.com/eso/track_label.aspx 4/21/2015 t U ^^^'"���RRR �T r'^� RTrti,i� 1 � �ri �•' ''TT^^, � 1 �:•�g`.. } �"{.7ri�n:?C � �J ...r , l�„J' ) Il'i r � ` !A'k S'r A I..rr ,r 1 � � Y !') ,A,( ',d IIT���I,Y j) h.•�} } �' woht; r J ■ Complet ' ems 1, 2, and 3. Also complete item 4 if estricted Delivery is desired. ■ Print your a and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1410 /i4n 1dL(//e2� Smi1�h ,/-ivinq rrvJ% ;2 y�/ Qrao�wo od l �a� f�ih�crci. Al c Z %j.30 2. Article Number (rrensfer from service laben Ps Form 3811, July 2013 A. X Sig M' ❑ Agent' Addre: by (PrinteciPame) I C. Date of Delivery D. is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No u0 ,;! _ , �C, 4PR 2 9 7015 3. Service Type 16 Certified Mail- ❑ Priority Mal Express- 0 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Deliver/1(Exas Fee) ❑ Yes 7014 2120 0002 6923 9486 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Et Mrs. James Wicker 8600 Bald Eagle Lane Wilmington, NC 28411 X�� ❑ Agent ❑ Addre: B. Received by (Panted Name) C, iasof p l D. Is delivery address different from hem 11? \❑ Y�es1 If YES, ante¢ t!R��� ❑ No DCM WILMINGTON, NC APR 2 9 MIS 3. Service Type ❑ Certified Mails ❑ Priority Mall Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes ■ Complete items 1, 2, and 3. Also compete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. 8 Mrs. Grady Merriman 8400 Bald Eagle Lane Wilmington, NC 28411 R@geived V (P, ad Name) C. Data of De ram, /%/..-t o,w,&L l y - 15 Is aelAlly address different from item 1? ❑ Yes If YES, enter delivery address below: CP No DCM WILMINGTON, NC 11 APR 2 9 2015 3. Service Type ❑ Certified Mails ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yea 2. Article Number 7014 2120 0002 6922 4857 (transfer from service laben Ps Form 3811, July 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A Signature Agent B. eceived by tinted e) C. le of iivep -/ ,j D Is delivery address kocient from hem 14 0 Yas If YES, enter "M 8" b1cE p" No 0CM WILMINGTON, NG Mr. James Anthony Parker �ApR 2 9 20152 9 2p15 8340 Bald Eagle Lane Wilmington, NC 28411 3. Service Type 2. Article Number 7014 2120 0002 6922 4833 2. Article Number (transfer from service let (transfer from service lat. PS Form 3811, July 2013 Domestic Return Receipt - PS Form 3811, July 2013 ❑ Certified Mails ❑ Priority Mail Express ❑ Registered ❑ Return Receipt for Merchandiv ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Deliverv? !FN— = -' ❑ Yes 7014 2120 0002 6922 4840 Domestic Return Receipt Appendix A: Work Plats and Location Maps COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INCR ECE I VIED ,'M WILMINGTON, NC IAY 0 1, 2015 .�� i Co�mav��Y lo�T•.P/9��� l fs i lvZ�/�zN� r6r✓, /vc Z gya3,l i GYM A WW K TMSA R WIC (EA y l r n . I SY R1�� Yid/ist%� � 1 9:� w • • �,. R,rt..j ii.•IGr I ar um - ra ex+ s P* n - TO wa- *W,dd rda.o bKvd -.�• 1 "j-- a �. p1swo ANIUMMM i ow �1• ' I 01E 'X ' * ZONE VE j• i e" "at I �� cd ,? Sei ow No Up Lai PWbV Am \� �• ZONE VE ! i�eM \ ZONE VE • r ' t (Q 14) �. 'I ZONE VE (EL 16) (EZ 16) I CA* +euw 8iac J /\ j { riir//r /r/irr r/ r z• r j fm+r.r' . . , "�.'..• V%fir%%r'r/r��i%r%� �r/ir�rr%fir'%rrrrrrrrrrrrrrrrrr�rrr�r rrrr/���rrrrrrrrrr/rrrrr/rr�rrrrrr r rid 1, j S f011 /r rir rri ji rii ria/rijrr rrrrr r irr /r rii r/i rirrrr y rrri /ii rrrr r! a JiL 1 58501'•+/- Ad a� - Nr w s v - a aym�a�q nre omm w n � �• Ne}Mmi Oc: Ln+ fw.r - !b faeu+aed S�i�� \ 4 0 � Raw i j' ZONE AE R4CEIVED ZONE X �� (Q 12) r l J N 27 20'9 Gi it�DBl % mif,41RS .nfiil/qn1 /l/OB/iJ ".'� \ i St7?r- 053` ,8H10 M44,r 1 � mum sCRL` I-ID�=O DCd-M;f d' l J r 111,201 i��\r� DCM�WLMNIV D NC JAN 19 2016 IM. SOUTHERN RIPARIAN X N Poart---as NGcK NoNcO.NcxS Assal4vi/A (PNH6*) MARir✓I✓ I1Rl/r6tjNNe-C ANu/1gPkiA Slri Q PARK 83yy �iqLA EFIGtC LANc 1✓IcnINt,7'ao Nc agyil rNTIT`l Id Sys A6,C� KftLjAje A c 11 7 cNsL ® 1 11 ILJL � aV po omits V,66c Nvp S ► r€ 3' TOTAL.51TF Z01i65r J COASTAL, JVCTL40S J F4Nh L,, RECEIVED �MAY..267015 h�1=�CIVyyCvAYn'd�"A DCM WILMINGTON, NC APR 2 9 2015 I%L a 256 i —�- Za' QE'�ll 22' 22 - ry w to Nov real) — — ©3 /23/C5 porLT-E25 ktc-K cOCICL n+s st�z's.;c ASSoc!/�r:�.ca �PAJ1Y0 ) F1 naNI APT) ltff t/t SITE (-1 -co/wTN1-ly 136frT 2AH� Cw- � =TN- BOW. U3."b �SyO L6i1� 1:>LC LAND — FLOATIM. .26`t — TaTAL.AMNLF-acasgar Sc�iS TOTAL SIT$ 12,2 0 W MltYd°��O/S BUILT UPCM 4T15 5F - 2i'T�5 _ 2 TfWBS 1 TES\ _ ' . T CALIFE X t $T I,vF c�.� � �Nv V 'SIG!✓G F/♦-G'4 !T-�/ So71 "F"'rD P,a¢ 8 het Y Neetni .l v7 X �1?4h-iA" Rp L tN b' RR�p a2tDG�3 boo YpS S� vw.� RIPHF2!/IN 4/NF-L— /%S . 2 f WALL RECEIVED MAY 2 610% iNawl-mmw "4-Y= l RECEIVED DCM WILMINGTON, NCMILis ' MAY 2 12015 F �•' fq