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HomeMy WebLinkAbout89-15 Riverside Partners IncPermit Class NEW Permit Number 89-15 STATE OF NORTH CAROLIN:A Department of Environment and Natural Resources and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Riverside Partners, Inc.,119 South Water Street, Wilmington NC 28401 Authorizing development in New Hanover County at adi. to the Cape Fear River, 122 S. Water St.. Wilmington , as requested in the permittee's application dated 1/2115 (MP-1). 12/10/14 (MP-4), incl. attached workplan drawings (5), 1-4 of 4, all dated 11/23/14 and (1) dated Received 4/14/15 Reg. Wilm. Fld. Ofc. This permit, issued on September 3, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may :)e subject to rines, imprisonment or twit acuon; or may cause me Docking Facility to oe nuii anc v01a. 1) This permit authorizes only the docks and uses. located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this reconstructed docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconstructed docking facility. Any sewage discharge at the reconstructed docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxt . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee Riverside Partners, Inc. Permit No. 89-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) The docks and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor to the south, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. U.S. Army Corps of Engineers 7) In order to comply with the General Condition (f.) of the General Permit 198000291 under which this. project is authorized, -the constructed dock must be removable per the specifications and example dock/pile ring provided to the USACE in the plan dated received by the Regulatory Wilmington Field Office 4/14/15. The U.S. Army Corps of Engineers have assigned the proposed project Action ID No: SAW4015-00659). 8) No permanent utility lines associated with or connected to this dock extension are authorized. 9) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee shall not hold the United States liable for any such damage. 10) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. - Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 11) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/m.ammal/manatee_guidelines.pdf. �I I Riverside Partners, Inc. Permit No. 89-15 Page 3 of 3 Cultural Resource Protection 12) Under no circumstances should any work barge anchor using spuds while within the work.zone. Any contractor who violates this condition will, at a minimum, be responsible for all costs involved with ascertaining and documenting damage to protected shipwreck A.P. Hurt that lies directly beneath the work area. General 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 14) This permit does not authorize the interference with any existing or proposed Federal prcject, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States. in the public interest. 15) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Resources assigned the proposed project DWQ Project No. 15-0230. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the. Division at (91.0) 796-721 S prior to the commencement of any such activity for this determination. NOTE: An application, processing fee of $400 was received by D61 for this project. Division of Coastal JVwagement Application yocessinq Notes Applicant: Type: (check all that apply) New Major Mod Permit Coordinator: .Field Representative: Date Time Shy Minor Mod_ Renewal Transfer Messa e DPP iF I l�{ 5 win ST Prctrt, .,Q�P: A-00 ae; ) o a s rrr i� (Zti � cN Prn�2 si IN MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name e MI Last Name zJ C"/ iSC Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional page(s) with names listed. Mailing Address 119 5oult-A PO Box City W/ orr State ZIP 02 S�iDA&Z Country lxqnaer Phone No. ext. FAX No. Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name C-QCZffl- Few-" Oct /S G Agent/ Contracto : First Name MI Last Name Car r Agent/ Contractor 2: First Name MI Last Name Mailing Address o iscvo GvaTr sr PO Box City willn% T State /Ac ZIP Phone No. 1 Phone No. 2 ale&o /0 - JG I f ext. ext. FAX No. Contractor # RECEIVED /0 3 q3 36 Street Address (if different from above) City State ZIP MAR pl�lel-KRMD C!ri Email C-Pb cit�, 40 ec , rr•Corr--i <Form continues on back> RECEIVED DCM WILMINGTON, NC 252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # ew ove_r er ST Subdivision Name City State Zip oINC 2FF 10 J Phone No. Lot No.(s) if many, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project COWIP, Fe0.r C CAM ^'all p.e c. Is the ter ody identified in (b) above, natural or manmade? d. Name the c osest major water body to the proposed project site. Zatural ❑Manmade []Unknown ��,✓ t e. Is proposed work within city limits or planning jurisdiction? f. If applicable, fist the planning jurisdiction or city limit the proposed es []No work falls within. k Irl/ / minqTy I) 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) S4?Zk c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) ( (If many lot sizes, please attach additional page with a list) ^ 3 G;NMPI or ❑N W L e. Vegetation on tract q r G,S 5 / f. Man-made features and uses now on tract /2 RECEIVED g. Identify and describe the existing land uses ad acent to the proposed project site. MAR 0 2 20b1 CMClbrldnW W" It. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? G (Attach g compliance certificate, if applicable) ❑No ❑NA es j. Is the proposed activity part of an urban waterfront redevelopment proposal? k3fes ❑No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No A If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes []No National Register listed or eligible property? <Form continues on next page> DCM WILM NIGTON, INC FEB 0 5 2015 252.808-2808 :: 1-888.411::uAST s: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? fifes []No (ii) Are there coastal wetlands on the site? es ❑No (iii) If yes to either (i) or III) above, has a delineation been conducted? ❑Yes QM (Attach documentation, if available) n. Describe existing wastewater treatment faciljlias. ryf, Lt-n rpe4 o. Describe existing drinking water supply source. AIT p. Describe existing storm water management or treatment systems. / vV 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ommercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete; OQ. J I !' T Qctcl/rt czrl rSian %m ex1:5-T!n rI0, 71 f <&r-AS rho+ e&//� 6; (JSPd 4S d69C)Ya/re dr 7 Ce �bh rs • 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. /OCA Ti�b a r• �/tsTiL'or.s'� sa��or�r%r1 6). fo..a�r/crc��-1 9rac�C o P19n.Ts SeCUeed O'M �p/ace w�' s%X le pikes access M S in S d. List all developmgnt activities yo pr ose. / 1� -- An S f2k," e-A-z- /o.`/,: 5 •oar -ram/ r,��iJ e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres env /-� 14 g. Will the proposed project encroach on any public easement, public accessway or other area []Yes MKo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. /lio n c MAR 0 12015 i. Will wastewater or storrnwater be discharged into a welland? []Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED DCM WILMINGTON, NC FEB 0 5 2015 252-808-2808 .- 1-888-4RCOAS-T n wvr.r,ccoastalmanaglernent.net Eorm0CM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. n/t / 'C N 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 G-ev,-fe cofi/h Phone No. Address;.I.2 Sou2;i1 I/JmT r ST, /N %l/i%n,1nd.To.�N•c',�¢ Ne+/ ��([' Name C Tr p (�,J�`jyr Jy9 /O� r Phone No. - I� Address Name Phone No. Address g. A list of previous state -or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 11A - Print Name r-(ML .D1 Signature RECEIVED Please indicate application attachments pertaining to your proposed project. MAR 0 2 2015 ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts 2k°M'h"ASM '" ❑DC�A W-3 Upland Development CM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC FEB 0 5 2015 252-808-2808 :: 1.888-4RCOAST :: www.ncceastaimanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this farm 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 t docking facility/marina: ommercial ❑Public/Government ❑Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes Lvlrvo c. (i) Dock(s) and/or pi r(s) d. (i) Are Finger Piers included? []Yes Mlo (ii) Number f If yes: (iii) Length (it) Number Q' (iv) Width (iii) Length — Wes (v) Floating Osres []No (iv) Width — (v) Floating ❑Yes []No e. (i) Are Platforms included? ❑Yes MK f. (i) Are Boatlifts included? ❑Yes U40 If yes: If yes: (ii) Number - (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i)�ber of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service [,,.I., Dockage, fuel, and marine supplies 11u'ockage ('wet slips') only, number of slips: Z ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel pen water; no dredging required ❑Other; please describe: k. Typical boat length: m. (i) Will.the fa ity have tie pilings? ❑Yes o (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). RECEIVED MAR 0 2 2015 I. (!)Will the facili open to the general public? pg101-lallMB P,!?P []Yeso RECEIVED DCM WILMINGTON, NC FEB 0 5 2015 252-808-2808 :: 1.888.4RC0AST :: www.nccoastalmanauement.net revised: 12/27/06 2. DOCKING FACILITY/MARINA OPERATIONS El This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boalholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. ii,> o T x / ,1z4 rr Z'ras )n d. How will overboard discharge of sewage from boats be controlled? JOoa/S dm li C{f&Cht ),S?r sca✓!� O✓Q e. (I) Give the location and number of "No Sewage Discharge" signs proposed. (h) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? /Yor' rM n.1 OA,91 /P9m. % e-A ll'6 %'/rns ?' h. Give the number of channel markers and "No Wake" signs proposed. Q i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. NO Fuel j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? Dorm-rMFtr. (om I. If this project is an expansion of an existing marina, what types of services are currently provided? /7 r )Z-e ,S Cl oc&u e 0./1 naxcj/ aA DCM WILMINGTON, NC FEB 0 5 2015 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12127106 Fgrrot DGM MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? [:]yes Kf n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes &KO 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 LANo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) is section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑PubliGGovemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) WT is section not applicable a. (i) Number III) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, e!c.) "is section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands RECEIVED 6. MOORING PILINGS and BUOYS This section no llpgbnb a. Is 'tructure(s): kcl mmeroial ❑PubliGGovemment ❑Private/Community a Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number _ DCM-MHO C" d. Description of buoy (color, inscription, size, anchor, etc.) A/c x7 /o an -e,t 1's,r:n RI RECEIVED DCM WILMINGTON, NC FEB 0 5 2015 252-808-2808 n 1-888-4RGOAST :: wwwv.nccoastalmanagement.net revised: 12/27106 Fchrm i8OM MP-4 (structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body e. (i) Will naviga onal aids be required as a result of the project? ❑Yes 9No ❑NA (ii) If yes, explain what type and how they will be implemented. Proximity of structure(s) to adjacent docking facilities. ,Vex 7— To > 15Sou d. Water eat watt at wd d of structure at NLW or NWL N �V 8. OTHER ❑This section not applicable a. Give complete description: sec, ,6Pr !o poi Date - ,�sCa.ne fear �ir�erboa t Dads C,�ie.,s�., 'Project Ngtn�� n k Applicant Name Applicant Signature RECEIVED MAR 0 Z 2015 MrM-MHD CITY RECEIVED OCM WILMINGTON, Nr FEB 0 5 2015 252-006-2808 :: 1-888-4RCOAST :: www.neconstalmananement.net revised: 12127/06 I v . I aI � FRONT STREET CAPE FEAR RIVER Ram—� 25.0( I I I of • o a e N3 LOCATION MAP l I u I 1 I I I I I W I I O I I I E_III I� _ _ _ _ —WN1EA SMEEi (R/W `a im)—a-_ _ _ _ - ®�4 C/n'Itl.4RlT I IHF IXIIK£ I. I � I amN v'miemw xaaa ur I I . .� CAPE FEAR SURVEYING. PC a. NORRI atG R.. IIINQiGLON. rcc PWO� (bla) ]��-alaW O�nwW ViaCmyp. �'Igp_aya Y¢naG � C-aaW Nam om"'�ilm uar �c ei.o MS b16 p N {INI' IY}Yp ILIA PROPOSED DOCK EXPANSION FOR CAPE FEAR RIVERBOATS, INC CITY OF WILMINGTON NEW HANOVER COUNTY, NORTH CAROLINA APRIL 1, 2015 cRAPTnc scnte 116J m�6 LEGEND: w�nFm` APR 14 2935 RE0, ftu Fo OFG LIFE FEAR RIVERBC MS, iNG. �g(t1ETT� rr! 910-343-1613 1-600-676-0162 P.O. Box 3881 trime(rboote.00m )NIllmington, NO 28402 April 13 2015 RECEIVED Frain Cape Fear Riverboats lnc APR 14 2015 vEO. N41Af, FLM OFA Pile Rings for floating Docks Our proposed floating docks will be constructed in sections and assembled on site. The docks will be held in place by Pile rings bolted on after the docks are In place. Should there be a need to remove the docks they can be unbolted and towed away. A picture of a dock ring of the type we will use Is enclosed. CdRFtSis(ibuiF�` Cape Fear Fear Riverboats Inc. DCM Coordinator: Permit N:—M—IL�5 MAILING DISTRIBUTION SHEET Permitee: -\Vt'iUC.�(01:� �" ` ✓ i I E"6, Agents: C/ctyL "(2- 1��V1-�IiSS0 )Ny- --CII�L= M0(eStia aFj DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington min o� US ACOE Offices: Washington: Raleigh Bland William Westcott INC DOT) Bill Biddlgcome (NC DOT) Wilmington: <" TyTer Crumbly` Liz Hair Cultural Resources; Renee Gledhi I-E I Public Water Supply: 6;71ZV liamSSAW-Ifyt Joey White (WARD) Marine Fisheries: Shane Sta i g _ odn�r--, NC DOT: en Pace - i Shellfish Sanitation: Patti Fowler S nlenkins ecemy Humphrey State Property: iq Water Resources: Karen Higgins (Raleigh) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis-401 DEMUR Washington: Scott Vinson-S r r Wilmington: �Ere3�g`ehe Scott-Stormwat Wildlife Resources: aria Dunn UNOI� Q�N/L LPO: (r< `'.ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary September 8, 2015 Riverside Partners, Inc. 119 South Water Street Wilmington, N.C. 28401 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified patty 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; Douglhs V. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity / Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 REPLY TO ATTENTION OF 11 June, 2015 Regulatory Division Action ID: 2015-00659 Mr. Ben Gottschalk Riverside Partners, Inc. 119 South Water Street Wilmington, North Carolina 28401 Dear Mr. Gottschalk: We have completed our review of your Department of the Army permit application (Action ID SAW-2015-00659) to expand the existing docking facility. The project is locatedat 119 South Water Street, along the Cape Fear River, in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.233437 N-77.949672 W. Please be advised that the U.S. Army Corps of Engineers, Wilmington District (Corps) is prepared to take final action on the application; however, by Federal law we can take no final action until the North Carolina. Division of Coastal Management (NCDCM) issues a Coastal Zone Management (CZM) consistency determination. As of the date of this letter, we have no written indication that NCDCM has issued a determination for the work. Once NCDCM has issued or waived the required authorization, you must provide us with a copy. Upon receipt, final action on the Department of the Army permit application will be taken providing there have been no significant changes in the Corps' evaluation policies during that period or any significant project modifications. Conditions of the NCDCM CZM consistency determination will become conditions to any final Department of the Army permit. Should their action on the required determination approve a project different from that shown on the current application, a modification to the application will be required. Please notify us when you submit copies of the NCDCM CZM determination of any such changes. Substantial changes may require a new permit evaluation process, including issuance of a new public notice. RECEIVED JUN 17 2015 -2- Please be advised that if NCDCM does not concur with your CZM consistency determination, then the federal permit will be denied without prejudice. If you should subsequently obtain a CZM consistency determination, you should contact this office to determine how to proceed with your permit application. You are cautioned that this is NOT a final action. Commencement of the work prior to Department of the Army final authorization would constitute a violation of Federal laws and subject you to further enforcement action. In addition, receipt of NCDCM's CZM concurrence does not obviate the requirement for obtainin¢ a final Department of the Army permit prior to commencine the work. Any questions concerning the application should be directed to Mr. Tyler Crumbley at 1-910- 251-4170. Sincere j Tyler Crumbley Project Manager Copies Furnished: Mr. Doug Huggett Division of Coastal Management 400 Commerce Avenue Wilmington, North Carolina 28557-3421 Mr. Robb Mairs Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28403 Mr. Chad Coburn Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28403 RECEIVED JUN 17 2015 uw:wnKwnN �;u,: 4 w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 30, 2015 Riverside Partners c/o Ben Gottschalk 119 South Water Street Wilmington, NC 28401 Dear Sirs: This letter is in response to your application request under the Coastal Area Management Act (CAMA) to construct new docks on your property along the Wilmington Waterfront in New Hanover County. On May 14th, 2015, processing of your application was placed on hold until such time as a riparian corridor waiver was obtained from the adjacent property owner to the north was received. This office received the require waiver on July 30, 2015. Therefore, processing of your permit application has officially resumed as of that date. The revised projected deadline for making a decision is September 23, 2015. Please feel free to contact me by phone at (252) 808-2808 ext. 212 or by e-mail (doug.huggett@ncdenr.gov) if you would like to discuss this matter further. cc: Robb Mairs, DCM Sincerely, Doug Huggett Majors Permits Coordinator 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdenr.gov An Equal Opportunity 1Af annarve Action Employer —Made in part by recycled paper ��**A WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 14, 2015 Riverside Partners c/o Ben Gottschalk 119 South Water Street Wilmington, NC 28401 Dear Mr. Gottschalk: The Division of Coastal Management has placed your application for a Coastal Area Management Act major permit at 119 South Water Street, Wilmington, New Hanover County in abeyance. Processing of your application will be placed on hold until such time as a riparian waiver from your adjacent property owner to the north has been obtained. As required by NCAC T15A:07J.0204(4), during the pendency of any termination of processing, the permit processing period will not run. Upon my receipt of the requested riparian waiver, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (252) 808- 2808, or by e-mail at Jonathati.Howell@ncdenr.gov. :Si7ncere, Jonathan Howell Asst. Major Permits Coordinator CC: Robb Mairs - NCDCM 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 1Internet: www.nodenr.gov An Equal Opportunity I AffirmaliveAction Employer — Made in part by recycled paper Corporations Division Page 1 of 1 North Carolina Elaine F, Marshall DEPARTMENT oFTHE Secretary SECRETARYOF TATE PO Box 29822 Raleigh, NC 27026-0622 (919)807-2000 Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: City Market of Wilmington, LLC Limited Liability Company Information Scald: Status: Annual Report Status: Citizenship: Date Formed: Fiscal Month: State of Incorporation: Registered Agent: Corporate Addresses 1353035 Current -Active Current Domestic 1/1/2014 January NC Holman, Susan Keys Reg Office: 233 Beech Street Wilmington, NC 28405 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Account Login Register http://www.secretary.state.ne.us/Search/profcorp/10411517 9/2/2015 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to S r 1Te7- pme of Property Owner) property located at �02 a -sac' rh t4_)0_' ` '" `' � p (Address, Lot, Block, Road etc.) N.C. on �� ar fi tyCr in Lf r C tylTo)wn n !or County) (Waterbody) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this.. proposal. .. --- 4- B.ic nrnnngnl .si'/ e cd k�a t-c-1 i I/7? aG!'/d d G',S Grimm Ti o r� �cr' tea/ WAIVER or groin I understand that a pier, dock, mooring. pilings, boat- rams breakwater, , access boathouse, lift, waived by must be set back a minimum distance of 15' from my me. (If you wish to waive the setback, you must initial the appropriate blank below:) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Information) eT 44 C rST t-S 1W, her/email address '311a r ti- pp — eDa, � �°�cGw vz_ n -Valid for one alendar year fter signature* 4, Type Owner information) o —IV G • z740-q- c110 - 341 � 10 Telephoofne�Number/ email address RECEIVED [_/ /2 3 �! s~ DOfr{/dILNINGTON, NC Dare* (Revised Q:- 041015 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Riverside Partners, Inc., c/o Carl Marshbum with Cape Fear Riverboats, Inc. 2. LOCATION OF PROJECT SITE: 119 Water Street along Cape Fear River, in downtown Wilmington, New Hanover County. Photo Index - 2006: 204-6658: 14, N 2000: 204-211: 14,N 1989: 4 179 37: 10, S State Plane Coordinates - X: 2317536 Y: 177581 Latitude:34°13'59.76"N Longitude:77°56'58.35"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-102413A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 02/05/2015 Was Applicant Present — No / 7dlS 5. PROCESSING PROCEDURE: Application Received — 02/08/ZWe (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington/New Hanover County Land Classification From LUP - Conservation (Open Water Area), Developed (Highground) (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Municipal Planned — N/A (F) Type of Structures: Existing — Concrete wall/rip-rap and gravel parking lot Planned —New floating docks (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water 944 sq. ft. (incorporated) (C) Other(Highground) (D) Total Area Disturbed: — 944 sq. ft. (--0.02 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to construct new floating docks to accommodate the existing Henrietta III paddleboat dock, which is currently owned by Cape Fear Riverboats, Inc. RECEIVED MAR 0 9 7015 D6I04"Hb CITY • Riverside Partners, Inc. Page 2 9. PROJECT DESCRIPTION: The project site is located at 119 South Water Street along the Cape Fear River within the City of Wilmington limits, in New Hanover County. To locate the site from the Wilmington Regional Office (WiRO) travel south on Market Street (U.S. HWY 17) until you reach Martin Luther King, Jr. Parkway (N.C. HWY 74) that will be located on the right. Turn right and travel west approximately 3.5 miles until you arrive at North 3'a Street in downtown Wilmington. Travel approximately 1.5 miles south until your reach Dock Street. Turn right onto Dock Street and continue until the street terminates at Water Street. Turn left onto Water Street until you reach the property of interest, which will be located on the right just past Muters Alley. Existing structures along the project area consist of approximately 94 linear feet of shoreline, which is stabilized by a low concrete wall and rip -rap type material. The property is an existing gravel parking area for The Old Wilmington City Market located directly across Water Street. Upland vegetation consists of maintained grass and sparse areas of coastal wetlands waterward of the concrete wall, which consists primarily of Smooth Cordgrass (Spartina alterniora). Redevelopment during the late 1990's and early 2000's of the Wilmington riverfront went through comprehensive efforts between the City and several property owners, who through their cooperation with the City staff proposed a revitalization project for this area which has incorporated public trust access in accordance with the enacted law predicated by House Bill No. 1059: GS I I3A-I20(a)(1) and (a)(2) and authorized under State Permit No. 149-98. Waterward of the project site and along the adjacent properties and right-of-ways is the existing City's Riverwalk system with some of the fixed platforms and floating docks within the private riparian corridors that were proposed for transient vessel use. The project site is located just south of the private Henrietta III paddleboat dock owned by Cape Fear Riverboats, Inc. The City of W ilmington/New Hanover County 2006 CAMA Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of the Cape Fear River are classified SC by the Division of Water Quality. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to construct new floating docks to accommodate the existing Henrietta III paddleboat dock, which is currently owned by Cape Fear Riverboats, Inc. The application states that the owner (Riverside Partners, Inc.) and Cape Fear Riverboats, Inc. have entered into an agreement to allow for the construction of the floating dock in the riparian corridor along their property. A new floating dock, measuring approximately 98' in length by 8' in width would extend from the existing floating dock located to the north of project site, which is the location of the Henrietta paddleboat dock, aforementioned. This floating dock would be located waterward and parallel to the existing Riverwalk at this location. The application states another floating dock, measuring approximately 20' in length by 8' in width would be located at the northern end of the existing floating dock adjacent to the existing barge associated with the Henrietta III paddleboat, which would run perpendicular to the shoreline. The application states that the existing water depth at the location of these docks is approximately -40.0' @ normal low water (NLW) and would be located waterward of the Wilmington Harbor Line; however, the application states the guide pilings associated with the floating docks would be located landward of the Wilmington Harbor Line (See Sheets 1 through 4 of and Project Narrative). 10. ANTICIPATED IMPACTS: The proposed floating docks would incorporate an additional approximately 944 sq. ft. of Estuarine Waters and Public Trust Area The structures would conform to the 1/4 distance rule and the permanent associated pilings would not extend into the USACE Wilmington Harbor Line, as proposed. The proposed new floating dock would encroach and cross into the adjacent riparian corridor setback requirement to the north owned by the City of Wilmington; lRtcgXF&it would not encroach into the adjacent 15' riparian corridor setback requirement to the south and the applicant has not received a waiver from the property owner for the encroachment of the proposed floating dock. MAR 0 2 7915 Submitted by: Robb L. Mairs Date: 02/23/2015 Office: Wilmington eehi.s„.., F Iry Cape Fear Riverboats Dock Extension Project Narrative CFR Inc operates a tour and water taxi service in the downtown Wilmington historical area. CFR presently leases the riparian rights from the City of Wilmington at the south end of our property for floating docks used in Cape Fear Riverboat's operations. These docks join floating docks that are constructed on Cape Fear Riverboats property. The only access to these docks is from CFR's property by gangway. What CFR is proposing, is to extend the floating docks across the next property waterfront to give us more operating room for our boats. Enclosed is a copy of our agreement with Riverside Partners which owns this property. The docks will be constructed of timber and foam encapsulated floats. There will be six additional pilings driven inside of the harbor line to keep the docks in place. RECEIVED MAR 0 2 10b e�el�=e�Ir+e eltr RECEIVED DCM WILMINGTON, NC FEB 0 5 2015 Q N 5WA North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 23, 2015 Mr. Carl Marshburn c/o Cape Fear Riverboats, Inc. 101 South Water Street Wilmington, North Carolina 28401 Dear Mr. Marshburn: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Riverside Partners, Inc. c/o Ben Gottschalk, for the proposed development located at 119 South Water Street, adjacent to the Cape Fear River, in Downtown Wilmington, New Hanover County. It was received as complete on February 5, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 21, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the.review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from February 5, 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, ^ �^ 'Robb L. Mairs Field Representative Wilmington District Office N.C. Division of Coastal Management RECEIVED cc: Jonathan Howell, DCM Tyler Crumbley, USACE MAR 0 2 2015 Linda Painter, NH Co.,� pm Riverside Partners, Inc. -Applicant N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-39641ntennet: www.nocoastalmanagement.net An Equal OWWnfly 1 Afinnabve Ac6an Emplaye \T01'1'IC1: CAMA PERMIT APPLIED FOR Rill", r alivilmin the COMMENTS ACCEPTED THROUGH March 19. 2015 APPLICANT: s a FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div of Coastal Management 127 Cardinal Dr. Ext n ion Wilming ens NC 28405 Robb Mairs� Field Representative 910-796-7425 a3 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 'T Name of Property Owner Applying for Permit: T COtp Wilwriv,9�on C�"rY Mailing Address: l/ 9 So v r� l lo-- -e r ST; I certify that I have authorized (agent) C 4 r I MA AIrSbY u r'n to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) II'lO ce ,,'✓) 9 %Oo c fi S at (my property located at) 119 So c rl-j Wa-7'e i" .S This certification is valid thru (date) L U 14 Signature Bey) c7�oTlS e ha �K r' J4trT/� e r Jy zo)` Date RECEIVED MAR 0 2 lot RECEIVED DCM WILMINGTON, NC FEB 0 5 2015 THE OLD MLMINGTON CITY MARKET Tuesday, October 14, 2014 RE: Agreement for Commencement of Construction for Floating Docks To Whom It May Concern: Riverside Partners Inc. and the Old Wilmington City Market have entered into an agreement with Cape Fear Riverboats Inc. for the project of constructing a floating dock in the riparian corridor along the City of Wilmington's River Walk that is across from the property known as The Old Wilmington City Market, located at 119 South Water Street. X V Riverside Partners Inc Ben Gottschalk- Partner RECEIVED MAR 0 2 2015 .y., .1_, 119 South Water Street Wilmington, NC 28401 0 910.343.1975 RECEIVED DCM WILMINGTON• NC FEB 0 5 2015 n ■ 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: "yg' CO�i ►1 �l of S0ILAN l WG1uk-f- * 1 wAm1 nc�� W, 9NO I 2. Article Number (riansfer from service labeo PS Form 3811, February 2004 A. Srature i' , . ❑ Agent X ❑ Addressee B. Received by (Printed/ Name) C. Date of Deelliiveeryry Gea�c'. C=FT' , D. Is delivery address different 1 Yes If YES, enter delivegs-a� T"PORNGT RNC ' EB 0 5 2015 3. Service Type ❑ Certified Mall O Expreea Mall Wd Reglsterad ❑ ReWm Receipt for Merchendhs ❑ Insured Mail ❑ C.O.D. 4. Restricted DelNery? (Edra Fee) ❑ Yes 7011 2000 0001 9598 4085 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete Rem 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: � t&�LAi 4 �t od�cs�'� Dt 3Ua WIll0.�-d 5-1- w 11 tu► ne� urn ti� ��4 0 l A. Signature 102595-02-M-1540 ❑ Agent ❑ Addre B. IZAived by ( Printed Name) I C. Date of DeIN )_ ?'-/r D. Is delivery address differentRTnO6hVFtEO Yes If YES, enter deliver,(SyQr1WjLtV6NLGTMNC 3. Service Type ❑ Certified Mall ❑ Express Mail `JA.Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7011 2000 0001 9598 4115 (Transfer /rom service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 tr7 �/n771gr(.1f • rc-nrcrr+�rrg tarr.ra�rnvnta.�� m ��T 0 S NI Il$N111lPI31C. PIC I A L U S' mL Err1 4 Postage $ $1.40 0402 rented Fee $3.30 1: a C3 p' Retum ReceipFee (EndmsemerrtRequired) •t .70 Postmark Rena O Restricted! DalNery Fee (FstlorsementRequlred)Ej MOP l7 r3 Total Postage & Fees $ $7.40 01 /05/2015 rU rq ra e To S��t _ ..__. --- ..__ ...__ or PO box No. Lrl • . rZI ra pp�� q@ UI bP F T i.,r 1 W L USE to Er Er1 Postage E $1.40 04a P' Ced9led Fee $3.30 12 rq Postmark C3 C3 Return Receipt Fee (Endorsement Required) $2.70 Here C3 Rastdcted DalNery Fee (EndorsementRaqulred)ro O C3 Total Postage & Fees 1 $ $7.40 01 /05/2015 fL r=I t o , & Low . >l -QALafi Uyl 1>44 . Se* tt C3sl C` rN� ::.................... or POeex N0. 3oa INi UAa¢c -d SfatB,9PH.._.._..............._ _---( _____.__.________.___.._..._-----___ PS Form ,, . August 2006 See Reverse for Instructions X) r ADJACENT RIPARIAN PROPERTY OWNER STATEMENT e r %al e P,rlti e r s s I hereby certify that I own property adjacent to t (Name of Property Owner) property located at ! 1I c' I �' - (Address, Lot, Block, Road, etc.) N.C. on rGe.0f Lek- ' in l�Jy' (Cin Z,5n and/or County) (Water body) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION ANDIOR DRAWING OF PRDPOSED DEVE_OPMENT (individual proposing development must fill in description below or attach a site drawing) 61'7/ ? rf/aGCJ � �% �ylc 7j .-) �/a--/-rf�� RECEIVED MAR 0 2 20b WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. �(c I do not wish to waive the 15' setback requirement. (Property Owner k�formation) (Adjacent Proper iOwner Information) Sia�P /�'QrTher S r `' Print or Type ame y p A TrS NameTh Wa%Br a i <� o r_ a e MaiOn %ress �/1'y�s/ C1 10 Z �Z lok�� Telephone Nu ber/email address RECEIVED Telephon Nur�tber/email address ,2/ SZGl� DCM WILMINGTON, NC 1zi I�°l`{ Date* FEB 0 5 2015 Date (Revised Aug. 2014) *Valid for one calendar year after signature* ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to R l U r �i Ebe rTn t ,s c� (Name of PropeM Owner) property located at 1 1 9 .50 0 r( I T �'�' (Address, Lot, Bloc ,Road, etc.) , N.C. on C C�n/� /—F/ar t't v Pr in Pl J�Cz/Town,and/or County) (Watetbody) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individua! proposing development must fill in description below or attach a site drawing) G,77ci c & ci ,S: %e cJ1ra k11A9 D WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. Wou wish toWaive the t in ti the appropriate blank below: I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. RECEIVED MAR 0 2 2015 nW,e" (Property Owner Information) (Adjacent Property Owner Information) Telephone Number/email address Date Sz nature* % y aaa r priaLoLType Name ,//in9 `/ Mailing Andress 1 C /79ii7�i/O`I City/State/Zip Telephone Number/email address RECEIVED DCM WILMINGTON, NC Date* FEB 0 5 2015 *Valid for one calendar year after signature* (Revised Aug. 2014) 1111111110111111 2014003466 arOR REGISTRg7ION REGISTER OF DEED' NEWRMRWpyER GOUNTyLE 8K 5797 P0814- 8210.64FEE.$$226 00 INSiRIflfNi # 291INN66 NORTH CAROLINA NON -WARRANTY DEED Excise Tax $0.00 Parcel Identifier Nos. R05308-005-004-000 R05308-006-002-000 Return t(Wessell & Raney, L.L.P. This instrument was prepared by: W. A Raney, Jr., Attorney at Law THIS DEED made this 3 6 day of January, 2014, by and between GRANTOR RIVERSIDE OF WILMINGTON PARTNERSHIP, a North Carolina General Partnership 8929 New Forest Drive Wilmington, NC 28411 GRANTEE CITY MARKET OF WILMINGTON, LLC a North Carolina Limited Liability Company 8929 New Forest Drive Wilmington, NC 28411 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g, corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that Riverside of Wilmington Partnership was converted into City Market of Wilmington, LLC as evidenced by the Articles of Organization Including Articles of Conversion filed with the North Carolina Secretary of State on December 18, 2013, and executes this instrument to convey the real property described herein to the new entity. RECEIVED MAR 0 2 1P'S RECEIVED DCM WILMINGTON, NC r+N�N�rrn� FEB 0 5 20 NOW, THEREFORE, the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwluch is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee supple, all of those certain lots or parcels of land situated in the City of Wilmiigton, New Hanover County, North Carolina and more particularly described as follows TRACT ONE Beginning at a point in the western line of South Front Street, said point being more fully described as being 117 15 feet northwardly along the western line of South Front Street from its intersection with the northern property lute of Orange Street; thence 87.48 feet northwardly along the western property line of South Front Street to a point; thence westwardly and parallel to Orange Street 205 28 feet to a point, thence southwardlyparallel to and 18 feet east of the center line of Water Street 87.59 feet to a point, thence eastwardly and parallel to Orange Street 202 46 feet to the point of Beginning, being a portion of Lots 4 and 5 in Block 138, according to the official plan of the City of Wilmington TRACT TWO Beginning at a point located in the western line of Water Street (which bears North 4 degrees 33 minutes West) 204.28 feet northwardly from the intersection ofthe north bne of Orange Street with the west line of Water Street, thence South 87 degrees 27 minutes West (and parallel with Orange Street) 26.70 feet to a point; thence South 2 degrees 33 minutes East 150 feet to a point; thence South 87 degrees 27 minutes West 40 35 feet to a point located on the outer edge of the wharf along the Cape Fear River, thence with said outer edge of the wharf and on a bearing of South 3 degrees 41 minutes East 102 60 feet to a point, thence North 86 degrees 14 minutes East 69 15 feet to a point in the western line of Water Street; thence northwardly and with the western line of Water Street 102 60 feet to the point of Beginning, the same being a portion of Lots 4 and 5 of Block 138-1/2, according to the official plan of the City of Wdmungton. TRACT THREE Beginning at a point in the western line of Front Street 204.63 feet North from the northern line of Orange Street, running thence North along the western line of Front Street 0.50 feet (5/10 of foot) to a point, running thence South 87 degrees 27 minutes West 205 30 feet to a point, running thence South 4 degrees 33 minutes East 0.50 feet (5/10 of a foot) to a point, running thence North 87 degrees 27 minutes East 205.28 feet to the point of Beginning, the same being a strip of property five -tenths feet (0 50) wide along the southern side of Muters Alley as shown on the Official Plan of the City of Wilmington in Block 138 and further being described as a strip of property five -tenths feet (0 501) in width lying to the north of and adjacent to a certain parcel of property deeded to Avgennos Vassihos Saffo and wife, Despma Tnpodes Saffo by the City of Wilmington on the 4th day of September, 1959, and recorded in the Register of Deeds Office, New Hanover County, in Book 660 at Page 127, RECEIVED MAR 0 2 2015 pow!-"nv Q" RECEIVED DCM WILMINGTON, NC FEB 0 5 2015 SUBJECT TO an easement in favor of the City of Wilmington, North Carolina recorded in Book 3131 at Page 743, New Hanover County Registry. SUBJECT TO that Deed of Trust and Security Agreement in favor of BB&T Collateral Service Corporation, Trustee and Branch Banking and Trust Company recorded in Book 5388 at Page 1999, New Hanover County Registry. The property heremabove described was acquired by Grantor by instruments recorded m Book 1744 at Page 697 and Book 1744 at Page 700, New Hanover County Registry. All or a portion of the property herein conveyed includes or X does not include the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple The Grantor makes no warranty, express or implied, as to title to the property heremabove described SIGNATURE PAGES ARE ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE RECEIVED MAR 0 A Yob Mt-R1G"PH *fq RECEIVED DCM WILMINGTON, NC FEB 0 5 2015 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written 0 NORTH CAROLINA NEW HANOVER COUNTY PARTNERSHIP Harold W Peterskn, Jr, General Partner I, the undersigned Notary Public of the County of Q or,,&r and State aforesaid, certify that HAROLD W. PETERSON, JR., a General Partner of RIVERSIDE OF WILMINGTON PARTNERSHIP, a North Carolina general partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp of seal this c 54' day of -Sp h%jt-&r , 2014 --T". 1)0� Notary Public My Commission Expires ) 1`�tY�R.ciV mot. 1�i0.��+oYv \ \- \q- Aso- is No ary's Printed or Typed Name (AFFIX STAMP OR SEAL) RECEIVED MAR 0 2 7ni5 eelM-lmmn errr RECEIVED DCM WILMINGTON, NC FEB 0 5 2015 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year fast above written. RIVERSIDE OF WILMINGTON PARTNERSHIP By: _��/�— (SEAL) David A. Esposito, General Partner I, the undersigned Notary Public of the County of 4,nk '6 Y and State aforesaid, certify that DAVID A. ESPOSITO, a General Partner of RIVERSIDE OF WILMINGTON PARTNERSHIP, a North Carolina general partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp of seal this _3 day of 2014. My Commission Expires: /��� r'! (AFFIX STAMP OR SEAL) BRENDA L ARCHER [ - - - - - - - - - - - - Notary Public Stale of Colorado BoidA L A-t -- Notary's Printed or Typed Name RECEIVED MAR 0 2 20b Mt-tW"FIM+-" RECEIVED DCM WILMINGTON, NC FEB 0 5 2015 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written 0 NORTH CAROLINA NEW HANOVER COUNTY I, the undersigned Notary Public of the County of knllac and State aforesaid, certify that BERNARD J. GOTTSCHALK, a General Partner of RIVERSIDE OF WILMINGTON PARTNERSHIP, a North Carolina general partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed Witness my hand and Notarial stamp of seal this -IV^_ day of �2bvy.n_r„ , 2014 --r. \A)a*An-- Notary Public My Commission Expires. , ri1 � k \—�A— 4O \S Not s Printed or Typed Name (AFFIX STAMP OR SEAL) RECEIVED MAR 01 1019 RECEIVED DCM WILMINGTON, NC FEB 0 5 2015 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. RIVERSIDE OF WILMINGTON PARTNERSHIP By a� Il e �S k�w cr l e c�k i c , * (SEAL) Susan Keys l-Iolman, Executrix of the Estate of J Wright Holman, III, General Partner NORTH CAROLINA NEW HANOVER COUNTY I, the undersigned Notary Public of the County of NEW 44ti10ya- and State aforesaid, certify that SUSAN KEYS HOLMAN, EXECUTRIX OF THE ESTATE OF J. WRIGHT HOLMAN, III, a General Partner of RIVERSIDE OF WILMINGTON PARTNERSHIP, a North Carolina general partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp of seal this Y' day of -j14N11! 2014. My Commission Expires: Notary Public ��Jc�r C• /+/✓de�soai Notary's Printed or Typed Name 7 RECEIVED MAR 0 2 20b p4wW-I IRM Poo# WARICORP\R93-107-507 KTW DCM WILM NIG ON, NC FEB 0 5 2015 A% lly CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary February 24, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Riverside Partners / New Hanover Co. • Isenhour Homes, LLC / Brunswick Co. Kyle & Heather: Please publish the attached Notice in the Thursday, February 26, 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 Management, 127 Cardinal Drive Extension, Wilmington, (number on file with Elsa Lawrence, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. to Shaun Simpson at the NC Divison of Coastal NC 28405, 910-796-7226. Paying by Credit Card Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permitting Support & Custo Assistance Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM RECEIVED Tyler Crumbley - USACE ka 0 5 2015 Michele Walker- DCM gem-mmo Cltr N.C. Division of Coastal Management 127 Cardinal Dive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Oppoftnity 1 Alfimialive Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On February 8, 2015, Riverside Partners, Inc., proposed to construct a new commercial docking facility at 119 Water St., adjacent to the Cape Fear River, in Wilmington, New Hanover County, and on February 12, 2015 Isenhour Homes, LLC proposed to construct a single-family residence with associated §404 wetland fill at 7502 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick County. A copy of these applications can be examined or copied at the office of Robb Mairs (NH Co.) or Heather Coats (BR Co.), N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 19, 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 MAR 0 9 11115 DCM-MHD CITY MAJOR PERMIT FEE SCHEDULE Riverside Partners / $400 / New Hanover Co. DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any 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 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED MAR 0 9 10b DCM-MMD CITY vx DENR CAMA Daily Check Log for WIRO Dare Retalvetl Check From (Name) Name o/Permit Holder Vandor Check Number Check amount Porrrrit NumbedCommerds Re/undReaRocated 1/15/201511n1e1 1/15/2015 Coon 1/15/20151Certeed 7/78/2075 t/20/2015 _ 1/20/2015;Westem 12020151 .. —.— 1212015 View Bar & Grill The Point LLC AnUnon Conswcson, Inc. :RodoR __. _ Bean _ __... check from FranciscoZarate •.Sunset Beech Holdings ICI, LLC F and S Manna Contractors Inc. - .Brady Semmel _ 1PNC __.. _ _.. _ __. .. _ _.. ___ Caroline Manna Conawcean, Inc. Dolphin Bay HOA Inlet Point Harbor HOA � -- - Tangle Oaks Yacht Club Inc._ Coon Bed Union Money Order Brandon Grimes Randy grown Western Union Money Order Brandon Grimes Randy Brown __ _... _ Coastal EaM Works Inc _ Avery Bates _First Clements Manna Associates Riggs 8 Assocates ITaylor Charles Riggs 8 Associates Inc Badaw _ Inc .Chris Bartley 4First CharlesRiggs&Assocates Inc Fitzpabick BUT _ _ _ _( BoIA -� _. BB6T /First Colonial Branch Bank_ . __Conn Fret Bank, _ _ - - - --- `__ Wells Fargo Bank Walla Fargo Benk_ Bank st Cezens Bank tDNZelISBank t Cezens Bank Citizens Bank 2630 $100.00 renewal fee, MP 185-08 _ 3439-_ $200 00'.boatliR 543 Chatlwick 5006872855 5100 00 transfer lee MP 42-05 l 4289 $250 OO,major fee, Aidie Rq NHCo _. _ ._. 9458 5300.00'renewal Ice, MP 117-W �E700 --- - 'mod ham, MP 180.05 �5100-�---- _ :renewal lee, MP 24-07 QE700 17-13 0019899 - $400 00'1 of 2 for GP 38546D 17.135019897 $200 00'�2 0/2 for GP 38548D �E800 :__ _ —__ _ -- Conn 4191 $400 00 GP 65089D 1222015 12N2015 11=015 _ 3700, $250 001major lea, NHCo11@2/20151Chadas 13772i $100 00tumorfee, NTB 15-07 0ns 138371 E100 13832, $100.130 minor fee. NTB 16-03, One 1/22/2015 Charles Riggs & Associates Inc jMghan First Citizens Bank 138331 $100.00:minor fee, NTB 15-04, One 1/222015 Allied - Marine Contractors, LLC _ _ _ _ �Larkins - & Klausmeier B of A 7143 $350.00:' 1 012 $250 ma tee, 104 Blue Heron. PPIN--- - ;2 of 2 mod fee, MP 18-09 Q$700 ;Ceiaon ---- --- ---- IFirat Benk 123/2015 Carolina Marine Dredgirp Iro _------ _---_._—. 'Old Chimney HOA rbY _- --- �--- 1084;_,-- $250_OO;maJor mod, 42-97, NHCo 1282015 By Design Coastal Homes _ _ i Bald Head Island Ltd. Place HOAMarine Assoc -Jr. IAtigetor Bey Enterpriace _ Coon lsame _ _ _same __ IBBBT _ �Fnat Citizens Bank --.-- — 10751 $100 OO�minor fee, NTg 15-0t_ _ 1500 $100 00 renewal fee. 172-87 — - _- 1231 __ $t0000Lrenewalfeg143-11 10431 $400 00 GP 85090D 7111i 850750 __ 1282015 1282015jManUme First Bank 12820151Chadea 7282p15fAlhed _. _1272015 _ t/27R0151Coastal 1/28/201: 128/2015 1282015 1/28/2015 _ 1P302015 1/302015 1/90/2015 2/2/2015LA'N'A _ _2/3I2015 2/32015 B. Gordon, — Marine Contractors LLC _._ Conn Stevan T. Fanner TRACOM Services _ Marine Piers Bulkheads LLC j otinon Concoction, Inc. _ _IMarah Town of North Topsail Beach Gnce Concoction of Brummck Co. INC Coastal Marine Plan Bulkheads LLC Pluns, LLC - — - _ Allied Marine Contractors, LLC __ _ Allied Marine Contractors, LLC Ailed Marine Contractors LLC Bmltllera Inc _ _ Dawn Edwards Griffis _ _ Coastal Oretlgmg LLC - _ _ Coastal Marine Plera Bulkheads LLC Bred Gordon _ :Hobby Greene _ _ Max Kam _ _ _ _Squire—�Wella Haven Community Docking Fealty _ taeme _ _ _ _ Carolina Yachl Club _ _ _ _ same Four Oaks Bank BofA _ IB88T4598y __E40000.& _ $200.00:GP 19938 _ E200 00 9g1841 E700 00 91841 _S_$10000 10114� _ E200 OOIGP 20000 _ $100 O�mod 2983 E40_0.0_01majorfee, � _ _ $200.00IGP65054D 7097 _._.� 850520 Fago Bank GP 65067 BofA _- Frat Citizens Bank B T _ �— !Wells Fargo Bank Branch Banking8 Trust Co. ____ ,gofA i mod-fe MP,OnCo mad tee, MP 191-05__ _ 85053D _ /eel, MP 69-09 OnsCo--_--- ---- - _ _ - _ Mark erW Bonnie L ysaght _ Paratliae Ig of A _ 7097 $800.00 GP.85077D Bleu Water _ __ 880 Spot Lane Lsanro _ __ B of A TTO Benk _ "BUT _ _ _ BBBT ... Wells Fargo Bank 7154 $400.00 GP 6507BD 7072 _ E70 0 minor fee, Surf City, PN 2291 _$10000iminor fee SC 15-Ot OneCo 37521 E200 OO�GP 850310 19987 $200 00 GP 65092D _Clinton &Corinne Parks _Coon —_ 2/32015 —__- IBill Sant iJ42075 2/5/2015 Coon—_ _ _ ___ _ -_ Clements Marine Con_atmaron _ Hammon Wells, Chenes Hockirg _ _ Cape Fear Riverboats, Inc _ Riverside Partners —_... _. —_ _.. — -First Citizens Bank First Ctizens Bank 1— 3697L_ $200 OP8508au 48727 $400.00 major fee, Water SL, NHCo _ _ s m O 0 x OO m 04 m � O DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Riverside Partners, LLC COUNTY: New Hanover PROJECT NAME: Cape Fear Riverboats, Inc. Docking Facility LOCATION OF PROJECT:119 S. Water St, adjacent to the Cape Fear River, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-5-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs v DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC D: 2-26-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED'' llTO; C) 75 DAY DEADLINE: MAIL OUT DATE: 2-24-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: iYILMINGTON FEE RECD: Uo�`1d) END OF NOTICE DATE: 3-19-15 DEED REC'D: ON: 3-W 150 DAY DEADLINE: STATE DUE DATE: 3-19-15 FED COMMENTS REC D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 3 7 ' I S' ✓ Coastal Management - LUP Consistency J) Division of Community Assistance Land Quality Section (DEMLR) 3.5- IS Division of Water Resources (401) 3 26 tS / S a2 Storm Water Management (DEMLR) 3-� p- tj ✓ State Property Office 3.20- I5 ✓ Division of Archives & History Division ofEnvironmental Health Division of Highways 3 - lai s RECEIVED- Wildlife Resources Commission 3- Ib- Y MAR 0'A 1Un Local Permit Office 3_ 0 - )S vOO, 9CrolwM15 elly Division of Marine Fisheries / DCM 3 3- r Corps of Engineers S H-f ✓ MEMORANDUM To: Doug Huggett From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Riverside Partners — Cape Fear Riverboats, Wilmington, New Hanover County Date: June 22, 2015 Consistency Determination: This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan. The applicant proposes to construct new floating docks to accommodate the existing Henrietta III Paddleboat dock. The project is locates at 119 Water Street along the Cape Fear River in downtown Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PT. Waters at the project site are classified as S and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection while the AECs impacted by the work are 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. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the 200 Wilmington -New Hanover County Joint Land Use Plan Cc: File A RDEHR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 24, 2015 Division of Coastal Management MEMORANDUM: d�s�igrtie°e . TO: Shane Staples 2fi Fisheries Resource Specialist DCM - WaRO Donald R. van der Wart Secretary FROM: Jonathan Howell; NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMAApplication Review Applicant: Riverside Partners, Inc. (Cape Fear Riverboats, IncJ Project Location: 119 S. Water St., adjacent to the Cape Fear River, in Wilmington, New Hanover Co. Proposed Project: to construct new floating docks to accommodate the existing Henrfettal 111 paddleboat dock. 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 March 19, 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. x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached..comments. SIGNED DATE N.C. Division of Coastal Management . 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910.796.72151 FAX: 91M95-3964Internet: www.n=astalmanagement.net An Equal OrWoriuni1yW11 uilveActim Employer Howell, Jonathan From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army. mil> Sent: Wednesday, April 01, 2015 9:54 AM To: Michael.A.Davis@uscg.mil; Huggett, Doug; kathryn_matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete _Benjamin@fws.gov; Tiffany.A.Johnson@uscg.mil; bowers.todd@epa.gov; evelynn.b.samms@uscg.mil; Wilson, Debra; Ellis, John; Fritz Rohde - NOAA Federal; Gledhill-earley, Renee; Horton, James T SAW; Howell, Jonathan; poden.p.pedrus@uscg.mil; john.r.walters@uscg.mil; Owens, Jennifer L SAW; Mairs, Robb L; Scott.D.McAloon@uscg.mil; Derek.J.Burrill@uscg.mil; Coburn, Chad; Dahl, Kyle J SAW Cc: Crumbley, Tyler SAW Subject: SAW 2015-00659 / Riverside Partners (Cape Fear Riverboats) Docking Facility / Cape Fear River / CAMA Major _GP291 Attachments: eCAMA Application and BioReport.pdf; ePN_2015-00659 Riverside Partners.pdf; Riverside Partners Proposed Dock.kmz; Scanned Plans Henrietta III Dock.pdf All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by April 30th, 2015. The applicant proposes to construct a floating dock extension at 119 South Water Street, along the Cape Fear River, in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.233437 N - 77.949672 W. The project plans propose to install 6 new 10" pilings and two new floating docks as an extension to an existing dock in order to accommodate additional docking space for two tourboats. The proposed docks will total 944 sq. ft. of area (98' x 8', plus 20' x 8') and will be floating and removable for maintenance or navigational concerns. Please see the attached field investigation report and the application for more detailed information concerning the proposed project. A copy of the applicant's permit application and plans are attached. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project will not adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. This determination is based on the temporary impacts associated with piling installation and the depth of the water at the location of the dock (precluding vegetative growth). The project area is designated as PNA. SAV is not expected to be present based on observation from aerial photography. The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines will be required as a condition of this proposed action. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that the Wilmington Historic District (Site ID: NH0003) is within and part of the project review area. Due to the minimal impacts proposed for review (6 pilings and removable docks) the Corps has preliminarily determined that the proposed project will affect, but not adversely affect the cultural resources present and requests concurrence from the State Historic Preservation Office. Please contact me if you have any questions. Please provide comments as soon as you can or by April 30th, 2015. Tyler Crumbley Project Manager U.S Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Phone:910-251-4170 Fax:910-251-4025 email: tyler.crumblev@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvev.com/" Howell, Jonathan From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Monday, May 04, 2015 2:56 PM To: Howell, Jonathan Cc: Mairs, Robb L Subject: SAW 2015-00659 / Riverside Partners Dock Extension Jonathan, Below are the proposed conditions for the Riverside Partners Dock Extension project. A hard -copy of these conditions will be sent to Doug Huggett. Robb, I was unable to put a specific condition in the permit requiring them to install navigation aids, but I did leave an opening for them to do so after they contact the CG. Thank you. -Tyler We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, received on 14 April, 2015 which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. In order to better comply with General Condition (f.) of the General Permit 198000291 under which this project is authorized, the constructed dock must be removable per the specifications and example dock/pile ring provided to this office on 14 April, 2015. 3. No permanent utility lines associated with or connected to this dock extension are authorized. 4. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. S. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave wash. 6. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. Dredging is not authorized. 8. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 9. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 10. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 11. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 12. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 13. To establish a fixed structure or buoy (including channel markers, the permitte must submit a Private Aids to Navigation Application to the USCG in accordance with 33CFR66. This application is available for review at the following web link: http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&sid=cd4bde4e70078c87196a8ea 11161711a&tpl=/ecfrb rowse/Title33/33cfr66_main_02.tp1 The Permitee must submit the attached Private Aids to Navigation Application to the address listed below for review and approval by the U.S. Coast Guard. The point of contact at Fifth Coast Guard District is Mr. Chris O'Neal and can be reached at (757) 398-6229. Commander (dpw) Fifth Coast Guard District 431 Crawford Street Portsmouth, VA 23704 14. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 15. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 17. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 18. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 19. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 20. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 21. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. Tyler Crumbley Project Manager U.S Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax: 910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http:Hregulatory.usacesurvey.com/" NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Govemor February 24, 2015 Division of Coastal Management MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR - WiRO Donald R. van der Vaart Secretary RECEIVED/NCDENWM FEB 2 4 2015 Water Quality Regional Operations Section Wilmington Regional office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Riverside Partners, Inc. (Cape Fear Riverboats, Inc.) Project Location: 119 S. Water St., adjacent to the Cape Fear River, in Wilmington, New Hanover Co. Proposed Project: to construct new floating docks to accommodate the existing Henriettal 111 paddleboat dock. 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 March 19, 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 03 3o! 5� RECEIVED\ ^ MAR 2 6 10u N.C. Division of Coastal Management p f;t;1_f AW6 r'w 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796-72151 FAX: 910-395-3964 Intemet: www,nocoastaimanaaement.net An Equal Opportunity I Affinab" Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 20, 2015 Riverside Partners Mr. Ben Gottschalk 119 Water Street Wilmington NC 28401 Donald R. van der Vaart Secretary DWQ Project # 15-0230 New Hanover County Subject Property: Cape Fear Riverboats Dock Extension — Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Mr. Gottschalk, You have our approval, in accordance with the attached conditions to construct new floating docks at an existing docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on March 2, 2015. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at http://t)ortal.ncdenr.orgJweb/wA/swD/ws/401/certsandt)emiits. This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. RECEwED 1617 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 1 Internet: www.nrdenr.gov MAR 2 6 1015 An Equal opportunity 1 Affirmative Action Employer - Made in part by recycled paper -- % "AYIOM t.." 2 Cape Fear Riverboats Dock Extension New Hanover County 2015-0230 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, �YQI/� Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3883 Certificate of Completion cc: Cape Fear Riverboats, Inc., 101 South Water Street, Wilmington, NC 28401 Jonathan Howell — DCM Morehead City Robb Mairs — DCM WiRO Tyler Crumbley — USACE Wilmington Field Office 401 & Buffer Permitting Unit — FILE COPY WiRO RECEIVED MAR 2 6 DCM-MHO CITY Certification of Completion DWR Project No.: Applicant: Project Name: _ Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Date: , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date RECEIVED MAR 2 6 2015 4Y41W-MnP OIT� 51 RECEIVED MAR g6X; NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 24, 2015 Mr. Ben Gottschalk Riverside Partners 119 South Water Street Wilmington, NC 28401 Subject: EXEMPTION Stormwater Project No. SW8 150220 Cape Fear Riverboats Dock Expansion New Hanover County Dear Mr. Gottschalk 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 February 24, 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@ncdenr.gov. Since ly, For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GOS/art: G:\WQ\Shared\Stonnwater\Permits & Projects\2015 \150220 Exemption\2015 03 permit 150220 cc: Carl Marshbum; Cape Fear Riverboats, Inc. New Hanover County Building Inspections RECEIVED Robb Mairs/Shaun Simpson, DCM/WIRO Jonathan Howell, DCM APR 0 7 20b Wilmington Regional Office Stormwater File bvuu-uprw'" Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405• (910) 796-7215 / Fax: (910) 350.2004 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 24, 2015 Division of Coastal Management MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office RECEIVED FEB 2 7 2015 DOA STATE PROPERTY OFFICE 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 Application Review Applicant: Riverside Partners, Inc. (Cape Fear Riverboats, Inc.) Project Location: 119 S. Water St., adjacent to the Cape Fear River, in Wilmington, New Hanover Co. Proposed Project: to construct new floating docks to accommodate the existing Henriettal 111 paddleboat dock. 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 March 19, 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. q RF`PLY: This agency has no objection to the project as proposed. ZThis 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 z_ `_, \� RECEIVED I Divl icn of Coastal Management MAR 2 0 20Pr 127 Carding rive Ext., Wilmington, NC 28405 r+arr nnrla �� Phone: 910-796-72151 FAX 910-395-3964 internet: www.nccoastalmanagement.net An Equal Opportunity lAffirmative Action 9nployer Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resource C,1 S, 03-o2-D'L February 24, 2015 4 .% 6 Division of Coastal Management tip' MEMORANDUM: MAR 2015 RECEIVED Hw TO: Maria Dunn l� NCWRC �� Fra WaRO / WiRO n7ri 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 Application Review Applicant: Riverside Partners, Inc. (Cape Fear Riverboats, Inc.) Project Location: 119 S. Water St., adjacent to the Cape Fear River, in Wilmington, New Hanover Co. Proposed Project: to construct new floating docks to accommodate the existing Henriettal 111 paddleboat dock. 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 March 19, 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 /t/�, , .�— DATE 3-ti IS RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 MAR i 6 71"; Phone: 910-796-72151 FAX: 910-395-3964 Internet: wvrx.nocoastalmanagement.net r>CM-MHD CITY An Equal Opportunity 1 Affimelive Adon Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald I van der Vaart Governor Secretary February 24, 2015 Division of Coastal Management 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 Application Review Applicant: Riverside Partners, Inc. (Cape Fear Riverboats, Inc.) Project Location: 119 S. Water St., adjacent to the Cape Fear River, in Wilmington, New Hanover Co. Proposed Project: to construct new floating docks to accommodate the existing Henriettal 111 paddleboat dock. 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 March 19, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE DATE Fit7* ��t,iJRECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 MAR 12 2015 Phone: 910-796-72151 FAX: 910-395-3964Internet: www,ncooastaimanagement.net An Equal Opportunity 1 Affirmative Action Em*yer DISTRICT 3 4 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 24, 2015 Division of Coastal Management MEMORANDUM: TO: Anthony Law NC DOT New Hanover Co. MAP, 01 2015i RECEIVED 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 Application Review Applicant: Riverside Partners, Inc. (Cape Fear Riverboats, Inc.) Project Location: 119 S. Water St., adjacent to the Cape Fear River, in Wilmington, New Hanover Co. Proposed Project: to construct new floating docks to accommodate the existing Henriettal 111 paddleboat dock. 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 March 19, 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. RECENED This agency has no comment on the proposed project. MAR 191015 ..WA-iwnu 1.0 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 4- DATE 5( It, / 1 S N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www riccoastalmanaoement.net An Equal Opl'bM1unily 1 Alfirmab" Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 24, 2015 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO Donald R. van der Vaart Secretary P!ECEMVE'I� ii FEB 2 4 2015 BY: FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Riverside Partners, Inc. (Cape Fear Riverboats, Inc.) Project Location: 119 S. Water St., adjacent to the Cape Fear River, in Wilmington, New Hanover Co. Proposed Project: to construct new floating docks to accommodate the existing Henriettal Ill paddleboat dock. 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 March 19, 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 (,)q7 DATE Z N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 MAR 10 1015 Phone: 910-796-72151 FAX 910-395-39641nternet: www.nccoastalmanagement net An Equal Opportunity 1 Affirmative Action Employer pC,k^.-'N"t9 e1r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 24, 2015 Division of Coastal Management MEMORANDUM: TO. Dan Sams District Manager DEMLR - WiRO FEB 2 4 2015 1 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 Application Review Applicant: Riverside Partners, Inc. (Cape Fear Riverboats, Inc.) Project Location: 119 S. Water St., adjacent to the Cape Fear River, in Wilmington, New Hanover Co. Proposed Project: to construct new floating docks to accommodate the existing Henriettal 111 paddleboat dock. 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 March 19, 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 J DATE Z/Z7JZo15 RECEIVED N.C. Division of Coastal Management MAR 0 5 %01r+ 127 Cardinal Drive Ext., Wilmington, NC 28405 rpflN-f#P# r.y Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmafive Aefian Employer i NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor Donald R. van der Vaart Secretary February 24, 2015 Division of Coastal Management D MEMORANDUM: FEB 2 4 2015 Division of Water Resou TO: Diane Williams WIRD-Public Water supply Environmental Engineer Public Water Supply FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Riverside Partners, Inc. (Cape Fear Riverboats, Inc.) Project Location: 119 S. Water St., adjacent to the Cape Fear River, in Wilmington, New Hanover Co. Proposed Project: to construct new floating docks to accommodate the existing Henriettal 111 paddleboat dock. 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 March 19, 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: Y' 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 Z Zy Is RECEIVED N.C. Division of Coastal Management MAR 0 5 11115 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-39641ntemet: www.ncGoastalmanagement.net 4'"-,f"M9 CITY An Equal Opportunity 1 Affirmative Action Employer RECEIVED MAR 0 2 20115 r NCDENR North Carolina Department of Environment and Pat McCrory Governor February 24, 2015 Division of Coastal Management MEMORANDUM: TO: Linda Painter LPO New Hanover County Natural Resource 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 Application Review Applicant: Riverside Partners, Inc. (Cape Fear Riverboats, Inc.) Project Location: 119 S. Water St., adjacent to the Cape Fear River, in Wilmington, New Hanover Co. Proposed Project: to construct new floating docks to accommodate the existing Henrietta/ 111 paddleboat dock. 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 March 19, 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 /S-- 1ERED MAR 0 8 20b N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 t' frY Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanaaement.net An EQuat Opportunity 1 Affirmative Aden Employer Recommendations for State Permit — Riverside Partners c/o Ben Gottschalk 2/23/2015 The construction of the floating docks would provide commercial docking space for up to two (2) vessels. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the width rule and the guide pilings would not encroach into the Wilmington Harbor Line, and if the applicant is able to obtain a waiver from the property owner to the north for the encroachment of the proposed floating dock. Ifthe project is determined to be consistent with NCAC 07H .0208(b)(6), it is recommended that any permit issued should include the following conditions: 1. 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. 2. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina/docking facility. Any sewage discharge at the marina/docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 3. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina/docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 4. The permittee will maintain the authorized work in good condition and in conformance with the terns and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. RECEIVED MAR 0 171115 DCM-MHD CITY m +4-r- #d`J-IS DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENRON OP: May 5, 2015 Regulatory Division Action ID No. SAW-2015-00659 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Ben Gottschalk of Riverside Partners, Inc. to construct a 98' floating dock extension at 119 South Water Street, along the Cape Fear River, in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.233437 N-77.949672 W. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorizedJy, this permit must be performed in strict compliance with the attached plans, received on 14 April, 2015 which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. In order to better comply with General Condition (f.) of the General Permit 198000291 under which this project is authorized, the constructed dock must be removable per the specifications and example dock/pile ring provided to this office on 14 April, 2015. 3. No permanent utility lines associated with or connected to this dock extension are authorized. RECEIVED MAY 0 7 2015 DCM-'V HD CITY -2- 4. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 5. Approval of the structure is based on determinations that there would be no / obstruction to navigation. The structure may be damaged by wave wash from passing vessels. �l Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave wash. 6. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or �C maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. X 7. Dredging is not authorized. 8. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not x authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 9. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 10. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 11. The authorized structure and associated activity must not interfere with the public's / right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. RECENED MAY 0 7 1015 IyGw'-mn. a,,,y Ica j 12. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 13. To establish a fixed structure or buoy (including channel markers, the permitte must submit a Private Aids to Navigation Application to the USCG in accordance with 33CFR66. This application is available for review at the following web link: bgp: Hecfr. gpoaccess. gov/c iii/t/text/text- idx?c=ecfr&sid=cd4bde4e70078c87196a8ea11161711a&tpl=/ecfrbrowse/Title33/33cfr66 main_ 02.tn1 The Permitee must submit the attached Private Aids to Navigation Application to the address listed below for review and approval by the U.S. Coast Guard. The point of ` Fifth Coast Guard District is Mr. Chris ONeal and can be reached at (757) 398-622 Commander (dpw) Fifth Coast Guard District �/ 431 Crawford Street /V Portsmouth, VA 23704 14. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. / 15. The permittee shall advise the Corps in writing at least two weeks prior to beginning I< the work authorized by this permit and again upon completion of the work authorized by this permit. 16. The permittee shall require its contractors and/or agents to comply with the terns and i conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 17. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area This shall include, but is not limited to, the immediate installation of silt fencing or simi RFcE1 JET appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain ippy 0 1 1015 uyw0*n6J 6141. ME full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 18. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 19. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 20. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the pemrittee's discovery of the violation. 21. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Sincerreellyy G Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Copy Furnished (without enclosure) Ms. Karen Higgins Division of Water Resources North Carolina Department of Environment RECEIVED and Natural Resources 1650 Mail Service Center MAY 0 7 2015 Raleigh, North Carolina 27699-1650 Q� ^^ Ql^ -5- Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 aEcevE� SOM Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Chad Coburn Division of Water Resources North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED MAY 0 7 1015 ,,,A -ANTI 1M YIty M ff4-- September 2, 2015 MEMORANDUM TO: Jonathan Howell Assistant Major Permits Coordinator Division of Coastal Management, DENR SUBJECT: Riverside Partners, Inc. proposal to construct new floating docks in association with the Henrietta III river tout operation, Wilmington. ER 15-0462 Our agency has reviewed the proposal for the addition of new floating docks adjacent to the Henrietta III tour boat mooring and ticket sales barge on the Wilmington waterfront. The Division of Coastal Management, the applicant and the contractor should be made aware that a National Register listed shipwreck, the A.P. Hurt, is lies directly beneath the outer edge of the proposed floating dock. This wreck is the property of the State of North Carolina and protected by North Carolina legislation (G.S. 121-22 to 28, Article 3) which is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298). While the installation of the proposed dock and the anchor pilings should not jeopardize the integrity of this historically significant vessel, the anchoring of work barges utilizing spuds for their anchoring system may irreparably damage the vessel remains. We recommend that a condition of the permit state, "Under no circumstance should any work barge anchor using spuds while within the work zone. Any contractor who violates this condition will, at the minimum, be responsible for all costs involved with ascertaining and documenting damage to protected shipwreck A.P. Hurt that lies directly beneath the work area." Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/807- 6579. In all future communication concerning this project, please cite the above referenced tracking number. Cc: Rob Mairs NC Division of Coastal Management 127 Cardinal Dr. Wilmington NC 28405 M f{-c MEMORANDUM To: Doug Huggett From: Michael Christenbury, Wilmington District Planne4ffl--- Subject: Consistency Determination, Major Permit Application, Riverside Partners — Cape Fear Riverboats, Wilmington, New Hanover County Date: June 22, 2015 Consistency Determination: This project appears to be consistent with the 2006 Wilmington -New Hanover County ainLlwaudldse Plan. The applicant proposes to construct new floating docks to accommodate the existing Henrietta III Paddleboat dock. The project is locates at 119 Water Street along the Cape Fear River in downtown Wilmington, New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are EW and PT. Waters at the project site are classified as S and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection while the AECs impacted by the work are 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. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the 200 Wilmington -New Hanover County Joint Land Use Plan Cc: File WAM Cc.. pe )'ear- l3 i v e t^ h L _ 9j -C ack xis7-. n dr�r.e (t�� P T�, Wily Loi 3p Oa`j 44 cApe fi r 1p}spEr1:; c sli✓e / e.o ;e1fa JJ1205J( 0 RECEIVED -��'� MAROZ2014 DCAT'=MtRnC!fl't :.- S77 Y-f 4 � _` vx' , t t"'' � DCM WILMING-rOh FEB 0 6 2015 NO Cape rear -� ; rev- C V 9S,' A s' K �XIJT /lye o ©cx Wpm piles P fj RECEIVED j 4 MAR 0 2 1015 RWETAT�, CITY DCM WILMINGTON. NC_ !3 FEB 0 5 2015 V - p1 �6JQ iae �e{5 �HD i Cape Fear^/� ; v ee* N HARODR A,! e� ht\Uf jr`r C i Ty ®T i rI � n�U RECEIVED MAR 0 2 208 DCM WILMfk ON, NC )� f FEB 0 5 2015 C,CAIE , A =„( a I'° D.- � I o fro' x:'�:!t✓f�,�y+ ,�j/� q�1Ly' ./'`'..� �",S` pJ_,l ,r wiry �1