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HomeMy WebLinkAbout91-15 Yacht & Bay Holdings LLCPermit Class NEW Permit Number 91-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for X Major Development nt an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Yacht & Bay Holdings, LLC c/o Paul Swenson 107 North Atlantic Ave. Southport, NC 28461 Authorizing development in Brunswick County at adjacent to the Cape Fear River, 319 West Bay Street. Southport NC , as requested in the permittee's application dated 6/7/15 (MP-D. 6/25/15 (MP-4), incl. attached workplan drawings (5), 5/12/15 (1-2), 6/23/15 (3-4), 6/25/15 (5). This permit, issued on September 3rd, 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 or mese terms may oe suolect to tines, imprisonment or civii action; or may cause me permit to oe nuu ana voia. Docking Facility 71) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be. considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. r Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee Yacht & Bay Holdings, LLC c/o Paul Swenson Permit No. 91-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 3 formalized boat slips. 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, 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. 7) 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. Easement 8) Prior to construction of any new boat slips or other docking facilities under this permit, the permittee shall apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e). General 9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not 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. 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/mammal/manatee ¢uidelines.1df. 12) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the project Action ID No. SAW-2015-01105.. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-15-0651, which was issued on 8/4/15. YaEht & Bay Holdings, LLC c/o Paul Swenson Permit No. 91-15 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. RSM MP-1 APPLICATION for Major Development Permit (last revised 1212T06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Yacht & Bay Holdings, Lk: Pmiect Name (if applicable) 319 West Bay Street, Southport Applicant 1: First Name Mr. Paul MI Last Name Swenson Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 107 North Atlantic Avenue PO Box City Southport Stale NC ZIP 28461 Country USA Phone No. 910-367-3982 ext. FAX No. Street Address (6 different from above) City State ZIP Email pmswenson@gmail.com 2. AgenWonftctorInformation Business Name Land Management Group Inc. Agent/ Contractor 1: First Name MI Last Name Steve Morrison Agent/ Contractor 2: First Name MI Last Name Laura Stasavich Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No.1 Phone No. 2 28403 910 — 452 - 0001 ext. ext. FAX No. Contractor # 910 452 0060 RECEIVE Street Address (if different from above) City State ZIP JUL $ 0 20 Email smorrison@lmgroup.net; Stasavich@lmgroup.net <Form continues on back> RECEIVED DCM WILMINGTON, NC JUN 18 2015 232-303.2809 .. 1.888.4RC0118T ;. www.nscoastalmanagamant,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. # Brunswick 319 West Bay Street Subdivision Name City State Zip N/A Southport NC 28461 - Phone No. Lot No. (a) (dmaoy, attach additional page with list) N/A - - ext WA, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear AIW W / Cape Fear River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Cape Fear River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. City of Southport 4. Site Description a. Total length of shoreline on the tract (R) b. Size of entire had (sq.ft.) 129 - 0.55 ac c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) - Y to 4' ®NHW or ❑NWL e. vegetation on tract Largely denude of vegetation; Spartina patens and Uniola paniculata on small dune/berm. Spartina patens in wetland area. f. Man-made features and uses now on tract Tract is largely denuded and graded. Remnants of fired pier. g. Identify and describe the existing land uses adjacent to the proposed project she. Commercial to west and north; residential to east. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? BD -Business District (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA RE EN EC If yes, by whom? JUL 2 0 20 I. Is the proposed project located in a National Registered Historic District or does It involve a ®Yes ❑No ❑NA - National Register listed or eligible property? <Fortn continues on next page> RECEIVED DCM WILMINGTON nl- JUN 18 2015 252-808-2808 :: 1.888-4RCOAST :: www.ncconstalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. No wastewater treatment is needed for the proposed work, however, area is served by municipal services. o. Describe existing drinking water supply source. No wastewater treatment is needed for the proposed work, however, area is served by municipal services. p. Describe existing stone water management or treatment systems. There are no existing stormwater management features or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliclGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Gazebo and dock will be for private use and may be rented for weddings and other similar events. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard marine construction equipment and methods. Equipment to be stored on upland portion of property during construction. d. List all development activities you propose. Construction of a fixed pier, fixed gazebo, and floating dock. e. Are the proposed activities maintenance of an existing project, new work, or both? New (ex. pier to be replaced)) f. What is the approximate total disturbed land area resulting from the proposed project? None ❑Sq.Ft or ❑Apes g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No discharges to waters of the state proposed; no new impervious cover proposed. I. Will wastewater or stonnwater be discharged into a wetland? []Yes []No ®NA JUL 2 U 2015 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 idN 18 Z015 252.808.2808 :: 7-888.4RCOAST :: www. noeoastal management. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation In addition to this completed application form, Ilil the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult Me 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. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Southport Waterfront Properties LLC (to west) Phone No. Address 6752 Gordon Road, Wilmington, NC 28411 Name Yacht Basin Holdings II, LLC (to the east) Phone No. Address 32520 Archdale Drive, Chapel Hill, NC, 27517 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. Unknown. h. Signed consultant or agent authorization forth, if applicable - I. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Cefflffcadon and Permission to Enter on Land I 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 fad 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 �7Print Name _Steve Morrison, LMG Inc., Agent__� Signature r/R/[, RECEIVED Please indicate application attachments pertaining to your proposed project. JUL 2 U 2015 ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC UN 18 Z015 252.808.2808 :: 1-888-4RCOAST :: www. nc coastal management. net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PubliclGovernment ®Private/Community c, (i) Dock(s) and/or pier(s) (ii) Number 1 floating dock 1 fixed pier: 1 fixed dock landing: 1 floating dock landing (III) Length 46' 0.145' : 6' ; 6' (iv) Width 6' ' 6' ' 6' 6' (v) Floating ®Yes ONO e. (i) Are Platforms included? SYes []No If yes: (ii) Number 1 (iii) Length 40' (iv) Width 20' (v) Floating []Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 2 to 3 side -to slips (ii) Number of slips existing 0 1 Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel SOpen water; no dredging required ❑Other; please describe: k. Typical boat length: 18' to 24' m. (i) Will the facility have tie pilings? ❑Yes SNo (ii) If yes number of be pilings? N/A ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ONO d. (i) Are Finger Piers included? ❑Yes SNo If yes: (h) Number NIA (iii) Length N/A (iv) Width N/A (v) Floating ❑Yes ONO f. (i) Are Boatlifts included? []Yes ENO If yes: (ii) Number N/A (III) Length NIA (iv) Width N/A h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies S Dockage ("wet slips') only, number of slips: side -to (2-3) ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mainly open runabout RECEIVED JUL 2 U 2015 �. (i) Will the facility be open to the general public? LJYes ONO RECEIVED DCM WILMINGTON, NC JUN 2 5 2015 252.808-2808 :: 1.888decoAST :: vv vv.nccoas! Imanag(ement.get revised: 12197/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boathokling tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater, No additional waste treatment is needed. c. Describe the disposal of solid waste, fish offal and trash. A trash can will be located on upland of the property. d. How will overboard discharge of sewage from boats be controlled? No overboard discharge will be allowed per rental agreement; one sign on dock. Pumpout available at Southport Marina. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 1- on main dock. (ii) Give the location and number of "Pumpout Available" signs proposed. 1 - on main dock indicating pumpout available at Southport Marina. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No maintenance will be offered or allowed. g. Where will residue from vessel maintenance be disposed or. No maintenance will be offered or allowed. h. Give the number of channel markers and "No Wake" signs proposed. None -existing no wake Zone to west. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. No fuel services offered. j: What will be the marina policy on overnight and live -aboard dockage? No overnights or live-aboards will be allowed. k. Describe design measures that promote boat basin flushing? Open water siting. 1. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED N/A HILULIVLZU :0 2015 DCM WILMINGTON, NG We"-,1.151A r:" m.. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No )UN 2 5 2015 252-808.2808 :: 1.888.4RCOAST :: www.nceoastalmanagement net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marfnaidocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes NNo 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 NNone p. Is the proposed marinafdocking facility located within or within close proximity to any shellfish leases? ❑Yes NNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. N/A 3. BOATHOUSE (including covered lifts) N This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliciGovemment ❑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.) NThis section not applicable a. (i) Number (ii) Length (iii) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) NThis section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS NThis section not applicable a. Is the structure(s): ❑Commercial ❑Publir/Government ❑Private/Community C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b•. Number d.: Description of buoy (color, inscription, size, anchor, etc,) RECrIV—ED JUL 2 0 1015 RECEIVED DCM WILMINGTON, NC JUN 2 5 2015 252-808.2808 :: 1-888.4RCOAST :: vvww.nccoastaJma_ nagement.net revised: 12121106 Form DCM MP-4 (structures, Page 4 or 4) a. Proximity of structure(s) to adjacent riparian property lines 18' to east; 52' to west Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body mouth of Cape Fear River: — 3.470 feet to Battery Island e. (I) Will navigational aids be required as a result of the project? ❑Yes NNo ❑NA (ii) If yes, explain what type and how they will be implemented. N/A b. Proximity of structure(s) to adjacent docking facilities. 134' to ex. pier to east; 169' to ex. dock to west d. Water depth at waterward end of structure at NLW or NWL --9' MLW 8. OTHER NThis section not applicable a. Give complete description: Date 319 West Bay Street Project Name Yacht & Bay Holdings, LLC Applica e Applicant Signablas RECEIVE© DCM WILMINGTON, NC JUN 2 5 2015 RECEIVED JUL 2 0 2015 WC"AANQ 044 252-808-2808 :: 1-888-4RCJAST :: www,r�,Eeo@stalmanp rmen�,rfg4 revised: 12/27/06 "Boundaries are approximate and are not meant to be absolute. n�Y�c li � 4 n n W WeseYi a:. �'r 9 S en W a soutnparf � spa =e- Ji N C M Q Site SCALE 1" = 1000' Sources. Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community Map Source: NCDOT and Brunswick County GIS data. CAMA Major Permit Application 319 West Bay Street Southport, Brunswick Co. Cape Fear River May 12, 2015 01-15-036 4 LMG .,,, ,.,. L,.D I11AI-d:LV .,R,tV Phone: 910.452.0001 •1.866.LMG.1078 Fax 910.452.0060 3805 Wrightsville Avenue Wilmington, NC 28403 EIVED SCAT F 1" = 500' JUL 2 U 1015 uj;! SheetCEIVED Vtctt� Y F, GTON, May 1'2,'`20W'b- Y;8 n� �� lhajrcl •' 3753 •lent ...SaufhpoiS-'-- T L. 1•� Ao9Nw.yp, f56 i jPwk 1 a1v ro 31 A," I � S5 Site .Battery I� _ ._..__..9,5 Island _% i r y STAY RECEIVED 'Boundaries are approximate and are JUL 2 015 not meant to be absolute. Map Source: USGS Southport Quadrangle 7.5 minute Oew-uhd ea+K SCALE 1" = 2000' CAMA Major Permit Application 319 West Bay Street LMG 4 Sheet 2 of 5 Southport, Brunswick Co. y ", r USGS TopographLgN@p Cape Fear River w .LMGrouonet Phone 910.452.0001.1.8661MG.1078 :;CM In/ILMINGTON, N May 12, 2015 Fax 910.452.0060 May 12, 2015 01-15-036 3805 Wnghtsville Avenue Wilmington, NG28403 z,A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 8, 2015 Yacht & Bay Holdings, LLC c/o Paul Swenson 107 North Atlantic Ave. Southport, N.C..28461 Dear Sir or Madam: Donald R. van der Vaart Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or: any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, 06 /t Douglas V. Huggettff— Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 k FAX 252-247-3330 k Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer J DCM Coordinator: CS Permit g: MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City Morehead City Washington on US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: INC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: DEMUR Washington: Wilmington: Wildlife Resources: LPO: X-VI'r urUVL -OTCm my L9CJ5;- W V I, hts v i I le Ave. (with revised work plan drawings) Raleigh Bland William Westcott INC DOT) Bill Biddlecome INC DOT) 4ryler Crumbly Liz Hair ✓Renee Gledhill-tarly ✓Diane Williams (WIRO) Joey White (WARO) Shane Staples ✓ Gregg BodLTa► ✓Ken Pace Patti Fowler Shannon Jenkins/Jeremy Humphrey JTim Warton- JKaen Higgins(Raleigh) Anniony Scarbraugh-401 ioarne Steenhuis-401 Chad Coburn - 401 Scott Vinsoc Stormwater Georgette Scott- Stormwater ✓ Maria Dunn 0V sw c s W)IryL;V on NL 2��1v3 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Yacht & Bay Holdings, c/o Paul Swenson 2. LOCATION OF PROJECT SITE: The project is located 319 West Bay Street, adjacent to the Cape Fear River, in Southport, Brunswick County. Photo Index - 2006: 10-6108: T, 10 2000: 9-91: L-M, 5-6 1995: 10-92: D, 12-13 State Plane Coordinates - X: 2296777 Y: 61821 GPS —Not taken Latitude:33°54'57"N Longitude:78'01'19"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/23/15, 6/19/15 Was Applicant Present — No (agent present on 4/23) 5. PROCESSING PROCEDURE: Application Received — 6/18/15 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Southport Land Classification From LUP — CBD/Mixed Use (B) AEC(s) Involved: EW, PTA, ES, CW Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — None Planned- None (I) Type of Structures: Existing — Dilapidated pier. Planned - Three -slip open water docking facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands- Coastal Wetlands —150 sq. ft shaded (B) Non -Vegetated Wetlands (Open water) —1,574 sq. ft. (incorporated) (C) Other - Highground —378 sq ft. (D) Total Area Disturbed: —2,102 sq. ft.(0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No (G) PROJECT SUMMARY: The applicant is proposing to construct a commercial 3-slip docking facility. RECEIVED JUN 2 9 2015 bte,A�-Mmt' t i,x Yacht & Bay Holdings, LLC- c/o Paul Swenson Page Two 9. The project is located at 319 West Bay Street, adjacent to the Cape Fear River, in Southport, Brunswick County. To find the project site, travel south on US Highway 17 to NC Highway 133 South. Travel approximately 23.75 miles south and turn left on to N. Howe St/NC Hwy 211.Tum right at the end of N. Howe St. onto W. Bay St. Travel approximately 0.2 miles to the end of W. Bay Street and the property will be located on the left immediately before the Frying Pan Restaurant. The property consists of a lot with an area of approximately 0.55-acres, which is located within the planning jurisdiction of Southport. The property is bordered by a restaurant to the west, E. Bay Street to the north, the Cape Fear River to the south and a vacant property to the east. According to the applicant, the property averages an approximate elevation of 0' to 4' above Normal High Water (NHW). The highground adjacent to W. Bay Street is bordered by coastal and §404 wetlands to the south. High marsh vegetation consists primarily of Sea Oxeye (Borrichia frutescens), Common Reed (Phragmites australis), Salt Meadow Hay (Spartina patens), and Spikegrass (Distichlis spicata). The high marsh then transitions waterward to a small berm where the vegetation predominantly consists of Sea Oats (Uniola paniculata), Goldenrod (Solidago sempervirens), Salt Meadow Hay and Sea Oxeye. Flooding of the wetlands onsite appears to originate from the adjacent properties to the east and west, rather than over the berm and from the river. A dilapidated pier is the only man-made structure on the property. The waters of the Cape Fear River, adjacent to the project site, are classified as SC by the North Carolina Division of Water Quality. They are not 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 is proposing a commercial docking facility that would accommodate up to three vessels. The structure would consist of a pier, measuring 145' in length by 6' in width, leading to a 40' in length by 20' in width roofed T-head/gazebo. Two ramp landings are then proposed along the western side of the T-head. Each would measure 6' in length by 6' in width. A floating dock, aligned parallel with the shoreline, would extend to the east from the bottom ramp landing, 6' waterward of the gazebo. The floating dock would measure 46' in length by 6' in width. According to the applicant, current water depths at the proposed docking facility range from -7' to -9' at Normal Low Water (NLW). RECEIVED JUN 2 9 2015 Yacht & Bay Holdings, LLC- clo Paul Swenson Page Three 10. ANTICIPATED MPACTS Approximately 150 sq. ft. of coastal wetlands would be shaded by the six foot wide pier. The proposed pier and three -slip docking facility would incorporate approximately 1,574 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed docking structure would not encroach into the adjacent 15' Riparian Corridor Setback Areas, nor into the US Army Corps of Engineers setback and would extend approximately 90' into the waterbody, which measures more than 3000' across, and thus meets the ''/< width rule. Increases in turbidity should be expected during construction. Submitted by: Heather Coats Date: 6/25/15 Office: Wilmington RECEIVED 1UN 2 9 7015 1CM M1`4 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Yacht & Bay Holdings, Llc Project Name (if applicable) 319 West Bay Street, Southport Applicant 1: First Name Mr. Paul MI Last Name Swenson Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional page(s) with names listed. Mailing Address 107 North Atlantic Avenue PO Box City Southport State NC ZIP 28461 Country USA Phone No. 910 - 367 - 3982 ext. FAX No. Street Address(rf different from above) City State ZIP Email pmswenson@gmail.com 2. Agent/Contractor Information Business Name Land Management Group Inc. Agent/ Contractor 1: First Name MI Last Name Steve Morrison Agent/ Contractor 2: First Name MI Last Name Laura Stasavich Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No.t Phone No. 2 28403 910 - 452 - 0001 ext. ext. FAX No. Contractor # 910 452 0060 Street Address (if different from above) City State ZIP JUN 2 9 2015 Email smorrison@lmgroup.net; Itasavich@lmgroup.net <Form continues on back> RECEIVED DCM WILMINGTON. NC JUN 18 2015 252-508.2803 .. 1.888.4RCOAST ., www.nccoasta �anagament.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. # Brunswick 319 West Bay Street Subdivision Name C'dy State Zip N/A Southport NC 28461 - Phone No. Lot No.(s) (it many, attach additional page with list) N/A - ext. N/A, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear AIWW / Cape Fear River C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Cape Fear River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of Southport 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) 129 — 0.55 ac c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NIA, I I NWL (normal water leveo (If many lot sizes, please attach additional page with a list) — 3' to 4' SNHW or ❑NWL e. Vegetation on trait Largely denude of vegetation; Spartina patens and Uniola paniculata on small dunelberm. Spartina patens in wetland area. f. Man-made features and uses now on tract Tract is largely denuded and graded. Remnants of fixed pier. g. Identify and describe the existing land uses adiacent to the proposed project site. Commercial to west and north; residential to east. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? BD -Business District (Attach zoning compliance certificate, W applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA JUN 2 9 201 If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a SYes []No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON nl� JUN 18 2015 252-838-2808 .. 1-888.4RCOAST .. www.necoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (III Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. No wastewater treatment is needed for the proposed work, however, area is served by municipal services. o. Describe existing drinking water supply source. No wastewater treatment is needed for the proposed work, however, area is served by municipal services. p. Describe existing stone water management or treatment systems. There are no existing stormwater management features or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemmem OPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Gazebo and dock will be for private use and may be rented for weddings and other similar events. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard marine construction equipment and methods. Equipment to be stored on upland portion of property during construction. d. List all development activities you propose. Construction of a fixed pier, fixed gazebo, and floating dock. e. Are the proposed activities maintenance of an existing project, new work, or both? New (ex. pier to be replaced)) f. What is the approximate total disturbed land area resulting from the proposed project? None ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No discharges to waters of the state proposed; no new impervious cover proposed. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water.? ❑Yes [:]No ®NA JUN 2 9 20 j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED DCM WILMINGTON, NC JUN 18 2M 252.808.2808 :: 1�888.4RCOAST :: www. nc coastal management. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to propedy 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. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Southport Waterfront Properties LLC (to west) Phone No. Address 6752 Gordon Road, Wilmington, NC 28411 Name Yacht Basin Holdings II, LLC (to the east) Phone No. Address 32520 Archdale Drive, Chapel Hill, NC, 27517 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract Include permit numbers, permiltee, and issuing dates. Unknown. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certftation and Permission to Enter on Land I 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 fad 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 Print Name Steve Morrison, LMG Inc., Agent Signature IZ/(r l!(/L, RECFNED Please indicate application attachments pertaining to your proposed project. JUN 2 9 2015 ❑DCM MP-2 Excavation and Fill Information [_-]DCM MP-5 Bridges and Culverts nv ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC JUN 18 2015 252-308-2808 :: 1-888-4RCOAST :: www,nccoastalmanagement.not Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ❑Publie[Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 floating dock 1 fixed Piero 1 fixed dock landing: 1 floating dock landing (iii) Length 46' : 145' : 6': 6' (iv) Width 6' : 6' : 6' : 6' (v) Floating ®Yes ONO e. (i) Are Platforms included? ®Yes []No If yee. (ii) Number 1 (iii) Length 40' (iv) Width 20' (v) Floating []Yes ONO Note: Roofed areas are calculated from dnpline dimensions. g. (i) Number of slips proposed 2 to 3 side -to slips (it) Number of slips existing 0 i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k Typical boat length: 18' to 24' m. (i) Will the facility have tie pilings? []Yes ONO (ii) If yes number of tie pilings? N/A []This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ONO d. (i) Are Finger Piers included? ❑Yes ®No If yes: (ii) Number N/A (iii) Length N/A (iv) Width N/A (v) Floating []Yes ONO f. (i) Are Boatlifts included? []Yes ONO If yes: (ii) Number N/A (iii) Length N/A (iv) Width N/A h. Check all the types of services to be provided. ❑ Full service, including travel lit and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ('wet slips') only, number of slips: side -to (2-3) ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mainly open runabout REC6-�LD JUN 2 910i5 I. (i) Will the facility be open to the general public? ❑Yes ONO RECEIVED DCM WILMINGTON, NC JUN 2 5 2015 252�808.280e :: 1•88e-4RCOA5T :: www,nccoastaimanagement.net revised: 12/27 06 Form DCM Mll (structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boathokting tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. No additional waste treatment is needed. c. Describe the disposal of solid waste, fish offal and trash, A trash can will be located on upland of the property, d. How will overboard discharge of sewage from boats be controlled? No overboard discharge will be allowed per rental agreement, one sign on dock. Pumpout available at Southport Marina. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 1- on main dock. (n) Give the location and number of "Pumpout Available" signs proposed. 1 - on main dock indicating pumpout available at Southport Marina. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No maintenance will be offered or allowed. g. Where will residue from vessel maintenance be disposed of? No maintenance will be offered or allowed. h. Give the number of channel markers and "No Wake' signs proposed. None -existing no wake zone to west. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. No fuel services offered. j. What will be the marina policy on overnight and live -aboard dockage? No overnights or live-aboards will be allowed. k. Describe design measures that promote boat basin flushing? Open water siting. JON 2 9 205 I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A DCM WILMINGTON, NC m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑vas ®No JUN 2 5 2015 252-808-2808:: 1-888-4RCOAST:: www.nccoastalmanagement.net nil 12127/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholdegs), and give the proximity to the lease. N/A 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): []Commercial ❑PublidGovemment ❑Private/Community (ii) Number (iii) Length _ (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number _ (ii) Length (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NI- W, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PublidGovernment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RLCE JLD JUN 2 9 2015 RECEIVEDLICA4-4-n u" DCM WILMINGTON, NC JUN 2 5 2015 252-808-2808 :: 1.888-4RCOAST :: wvvw.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 1 S' to east; 52' to west Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body mouth of Cape Fear River — 3.470 feet to Battery Island e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. N/A b. Proximity of structure(s) to adjacent docking facilities. 134' to ex. pier to east; 169' to ex. dock to west d. Water depth at waterward end of structure at NLW or NWL — _9' MLW 8. OTHER 0This section not applicable a. Give complete description: �Reo/ kit �i �ZS/ �d/S•� Date 319 West Bay Street Project Name Yacht & Bay Holdings, LLC Applica e .* C? Applicant Signat RECEIVEd DCM WILMINGTON, NC JUN 2 5 2015 RECEIVED JUN 2 9 7015 252-808-2808 :: 1-886-4RCOAST :: www.nccoastalmanage ment. net revised: 12/27/06 Site SCALE 1" = 1000' Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community `Boundaries are approximate and are not meant to be absolute. Map Source. NCDOT and Brunswick County GIS data. CAMA Major Permit Application 319 West Bay Street Southport, Brunswick Co. Cape Fear River May 12, 2015 01-15-036 LMG IAMUtl.X WEM LWVP �. — inrrranmenlal (an,ullonlr Phone. 910.452.0001 •1.856.LMG.1078 Fax 910.452.0060 3805 Wrightsville Avenue Wilmington, NC 2W3 SCALE 1" = 500' JUN 2 9 2015 r ti...—n !It" Sheet Vp P4GT ON, NC May 12, 20152015 3158 X 7 �I• t Y I 41 = - m� C^`c 55 Site �a AL t p �e 1 *Boundaries are approximate and are not meant to be absolute. Map Source: USGS Southport Quadrangle 7.5 minute SCALE 1 ° = 2000' CAMA Major Permit Application LMG 319 West Bay Street 4 Sheet 2 of 5 Southport, Brunswick Co. USGS TopograRbjq\M®p Cape Fear River w .LMGroup.net Phone: 910.452.0001.1.866.LMG.1078 : )CM WILMINGTON, N May 12, 2015 Fax 910.452.0060 Avenue03 May 1?011 2019 01-15-036 ��mt ngton,VilNCC DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Yacht & Bay Holdings, LLC do Paul Swenson COUNTY: Brunswick PROJECT NAME: Yacht & Bay Community Docking Facility LOCATION OF PROJECT: 319 West Bay St►ea, adjacent to the Cape Fear River, in Southport DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-18-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Coats n DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 6-29-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 9I 1' 1 <� MAIL OUT DATE: 6-25-15 i FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WLEMEVGTON FEE REC'D: $400 END OF NOTICE DATE: 7-20-15 DEED REC'D: ON: la 91 (% 150 DAY DEADLINE: STATE DUE DATE: 7-20-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 12qll g Coastal Management - LUP Consistency 2H�IS� . Division of Community Assistance rf 30/( S Land Quality Section (DEMLR) 7/7 Division of Water Resources (401) Stone Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways / Wildlife Resources Commission RFCE ` Local Permit Office N 2 91015 Division of Marine Fisheries / DCM 1 Corps of Engineers i PN" 7/7// 5 '�wradlvnulr" Film—se.P.3D Recommendations for State Permit —Yacht & Bay Holdings, LLC- c/o Paul Swenson 6/25/15 The total area of the T-head and floating dock was calculated as follows: Shoreline length = 129 ft. x 8 sq. ft =1,032 sq. ft. allowable. T-head = 800 sq. ft.- 138 sq ft for access= 662 sq. ft. 2 ramp landings= Not calculated due to access Floating dock= 276 sq ft. Total = 938 sq. ft. The construction of the facility would provide docking space for a total of 3 vessels. The docking facility appears to conform with all use standards set forth in NCAC 07H .0208(b)(6), including the 8 square foot rule, the''/a width rule, the 6' width & 3' height limit over wetlands, and it would not encroach into either 15' riparian setback nor the USACE setback. It is recommended that the permit include all the standard docking facility conditions. Please also note that only one green card has been received for Southport Waterfront Properties, LLC. The other adjacent riparian property owner, Yacht Basin Holdings, LLC, has not yet received their notification. The consultant said they will submit the second green card upon their receipt of it. MEMORANDUM To: Doug Huggett From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Yacht & Bay Holdings - Southport Date: August 24, 2015 This project is consistent and not in conflict with the Southport Land Use Plan Update. The applicant is proposing to construct a commercial 3-slip docking facility at 319 West Bay Street, adjacent to the Cape Fear River in Southport, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are Estuarine Shoreline, Estuarine Waters, Coastal Wetlands and Public Trust areas. Waters at the project site are classified as SC and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Southport Land Use Plan and offer the following comments. The general area of the project is classified as CBD-Mixed Use. In general, Southport allows development in CBD-Mixed Use classified AECs, which is consistent with the State's minimum use standards. The Southport 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. Cc: File a I`K.D NR North Carolina Department. of, Environmenfand NaturalResource Pat McCrory Donald R: van•derVaart Governor Secretary I June 25„2015. MEMORANDUM: i TO: ;Mark Zeigler WiRO 2�r-t1 E�.�»1r� v-¢✓tit •rn.16' t :Division of FROM: Doug Huggett, NC•DENR-DCM Major Permits Coordinator 400. Commerce,Avenue; Morehead City, NC 28557 Fax:.252-247-3330 (Courier 1142-09)' SUBJECT: CAMA Permit Application Review. Applicant: Yacht & Bay Holdings, LLC c/o Paul Swenson Project Location::" 319 West'Bay,St.;;adjacent to the Cape Fear River,. in Southport, Brunswick Cc Proposed -Project: to construct a 3-slip commercial docking facility Please indicate below your, agency's position or-viewpoint'on the proposed project and return this form to. Doug Hu_ggett at.the address above byJuly 20, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 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•comrnent�on.the proposed project: This agency approves of the project only if the recommended changes are incorporated. See. attached. This, agency objectssto,the;projecf for reasons described ini•the attached,comments. SIGNED uv"' f/ry U ?/� �j'�' DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX; 910-395-3964 Internet www.nccoaslalmanagement.net An Equal Opporlurily AKrmauve Action Employer _ Pat McCrory Governor June 25, 2015 MEMORANDUM: TO LT; WVWA 409 NCDENR North Carolina Department of Environment and Natural Resource Dan Sams District Manager DEMLR - WiRO Donald R. van der Vaart Secretary 2015 FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Yacht & Bay Holdings, LLC c% Paul Swenson Project Location: 319 West Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co. Proposed Project: to construct a 3-slip commercial docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July 20, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED "—" 1 DATE JUA)E do Ztit3 RECEI D N.C. Division of Coastal Management U� ��� 127 Cardinal Drive Ext., Wilmington, NC 28405 �UL Phone: 910-796-72151 FAX 910-395-3964 Internet: www.nccoastalmanagement.net 6VMAAH4 G"" An Equal Opponumly 1 Affirmanve Action Employer A � NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary June 25, 2015 RECEIVED/NCDENR/DWR MEMORANDUM: JUN 2 6 2015 TO: Chad Coburn Water Quality Regional 401 Wetlands operations Section DWR - WiRO Wilmington Regional office FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Yacht & Bay Holdings, LLC c/o Paul Swenson Project Location: 319 West Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co. Proposed Project: to construct a 3-slip commercial docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to this form to DougHu�gett at the address above by July 20, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 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 1666 r N.C. Division of coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 2W5 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.necoastalman�ement.net AUG 12 1015 An Equal opportunity 1 AfirmaM Action Employer WAll� eAu ti. CCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 4, 2015 Yacht & Bay Holdings, LLC Mr. Paul Swenson 107 North Atlantic Avenue Southport NC 28461 Subject Property: 319 West Bay Street - Southport Donald R. van der Vaart Secretary Brunswick County DWR Project #: 15-0651 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Swenson, You have our approval, in accordance with the attached conditions and those listed below to construct a 3 slip commercial docking facility as described in your CAMA application dated July 2, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). You should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. aECSIVEo The Additional Conditions of the Certification are: AUG 1`� 1O�11y 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name { 15A NCAC 02H .0501 and .0502]. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans, [15A NCAC 02H .0502 (b) and 15A NCAC O2H .0506 (4)] The applicant shall require his contractors (and/or agents) to 127 Cardinal Drive Extension, Wilmington, North Carolina 2846 Phone: 910-796-72M Internet: www.nodenr.gov An Equal Opportunity l ARirmaM Action Employer- Made in pad by recycled paper 2 319 West Bay Street - Southport Brunswick County 2015-0651 comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The pemrittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. aECEVEo AUG 12 2015 t auko e" 3 319 West Bay Strcet - Southport Brunswick County 2015-0651 9. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: httm•//aortal ncdenr ore/web/wq/swo/ws/401 /certsandpermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httn://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: RECEIVED If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): AUG 12 in Office of Administrative Hearings Office of Administrative Hearings fie OW 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 r pp^ 4 319 West Bay Street - Southport , Brunswick County 2015-0651 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdette@ncdenr.¢ov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.CobumCa7ncdenr.gov. Sincerely, J gson, Regionaltsor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3900 cc: Laura Stasavich —Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 Tyler Crumbley - USACE Wilmington Regulatory Field Office Jennifer Burdette — Wetlands and Buffer Unit Doug Huggett — DCM Morehead City Heather Coats — DCM Wilmington WiRO RECEIVED AUG 12 2015 MUM North Carolina Department of Environment and Natural Resources Pat McCrory Govemor DWR Project No: Applicant: Project Name: Donald R. van der Vaart Secretary 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 'I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by o Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting �OO materials. �(.,r-' 0 Signature: Date: Division of Water Resources — 401 & Buffer Pemtitling Unit 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N Salisbury St, Raleigh, NoM Carolina 27604 Phone: 91M07-63001 FAX: 91M07-6492 Internet: www.ncwaterquality.org An Equal OPporlunity \ AlfinnAw Action Emn over—UWe in pat by recycled paper RECEIVED AUG 1110b 049 Pat McCrory Governor June 25, 2015 MEMORANDUM TO: SUBJECT: Applicant: Project Location: Proposed Project: 4 NCDENR North Carolina Department of Environment and Natural Resource Georgette Scott Stormwater Section DEMLR - WiRO Donald R. van der Vaart Secretary rJ CEIVEUN 2 6 2015 BY:__------- Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) CAMA Permit Application Review Yacht & Bay Holdings, LLC c/o Paul Swenson 319 West Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co. to construct a 3-slip commercial docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggett at the address above by July 20, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 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 2-6 IS- N.C. Division of Coastal Manageme t 127 Cardinal Drive Ext., Wilmington, NC 28405 RECEIVED Phone:910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net JUL 07 205 An Equal opportunity \ Afirrnal Action Employer ilI.Yq�wl Caw r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 13, 2015 Mr. Paul Swenson Yacht & Bay Holdings, LLC 107 North Atlantic Avenue Southport, NC 28461 Subject: EXEMPTION Stormwater Project No. SW8150618 West Bay Street Commercial Docking Facility Brunswick County Dear Mr. Swenson 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 June 26, 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 souroe 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.leOs@ncdenr.gov. Since ly, For Tracy E. D is, P.E., Di for Division of Energy, Mineral, and urces GDS/ad: G:IWQ1SharedlStormwateAPermits & Projects\2015 \150618 Exemption12015 07 permit 150618 RECEIVED cc: Steve Morrison; Land Management Group, Inc. Brunswick County Building Inspections Heather Coats/Shaun Simpson Doug Huggettl DCM Wilmington Regional Office Stormwater File JUL 21 2015 Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-72151 Fax: (910) 350-2004 • Internet: hhtt :lloortal.ncdenr.oralwebllrl North Carolina Department of Administration Pat McCrory, Governor Bill Daughtridge, Jr., Secretary June 30, 2015 To: Doug Huggett Major Permits From: Joy Wayma& Real Property Re: CAMA /DREDGE)k Nil Permit Application Review Applicant — Yacht & R• Holdings, LLC 3-slip docking facility for commercial use State Property Office Reply: The project will require a Submerged Land Easement provided that it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged lands easement. RECEIVED JUL 2 0 2015 ow*Amo 0w Mailing Addrew Telephone (919) 807-4650 Location: 1321 Mail Service Center Fax (919) 733-1431 116 West Jones Street Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleigh, North Carolina An Equal Opportunity / Affirmative Action Employer Web: http://w .ncspo.org i e NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary June 25, 2015 RECEIVED MEMORANDUM: JUN 2 9 Z015 DOA TO: Tim Walton STATE PROPERTY Dept of Administration OFFICE State Property Office FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Yacht & Bay Holdings, LLC c/o Paul Swenson Project Location: 319 West Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co. Proposed Project: to construct a 3-slip commercial docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July 20, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C. Division of Coastal Management JUL 2 U 127 Cardinal Drive Ext., Wilmington, NC 28405 20b Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement,net A460 oiu An Equal Opportunity � Alfinafive Adon Employer RECEIVED JUL 2 U 2015 wiw-mwg PRW r w�IIIIIIIIIIIIIIIIII B3452 104420912 21. Brenda n. Cle nens2 PROP 012p Brunswick Ccunty, NC Register of heeds page 2.( 3 u ii�u.•�l Brenda M. Cl emmons Register of Deeds 09-12-2013 68:45:21,001 Brunswick Ceunt" NC REVENUE STAMP: $1e50.00 (#364030) T °ue.iVp�piLV--- C �: C f j`� f� Cri'F_Fgante pO�plJpa VPo1R1n6nrbameNara l;;Uyk.GepWNr pill alorVnai. Delinquent Taxes, if my. to be paid by the 13 Dbomemtaio owsseas mfAd bymO* closing attorney to the Brunswick County kebument Vtt we to MpmdLwd orCu*. Tax Collector upon disbursement of closing proceeds NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax 1 050.00 �, @ Parcel ID #'s: 237LF008: 237LF006: 237LF004:,23�F00dMAD494012 This deed was prepared by: Kirsten E. Fo4owgww Commerce Ave, Ste. 17B, Southern Pines, N Mail after recording to: Randall A. Hanson, Esq., 300 N. Greene St, Ste. 1900, Greensboro, NC 27410 NO OPZWON ON T7rLEREQUESTED OR GIVEN THIS DEED made this 29th day of August, 2013, by and between GRANTOR: FIRST BANK A North Carolina Banking C�orpr�o ration 341 North Main St. � 8Tt!'1d2392 And lift GRANTEE: YACHT & BAY HOLDINGS, LLC, A North Carolina Limited Liability Company 107 N. Atlantic Ave., Southport, NC 28461 NC The designation Grantor and Grantee as used herein shall a sat par, . Z'r heirs, successors, and assigns, and shall include singular, phraf, masculine, feminine o� context. o60Q Wr1NESSETH, that the Grantor, a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Brunswick County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" The property hewivabove described was acquired by Grantor by recorded im Book 2989, Page 1047, Bnmswick County Registry. *§@@ o M o All or a portion ojthe property h� bpNJ does not include the primory residence of a Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. T6(DTUng6C0 N@t poLo�p��g6pD aGt1@� RECEIVED JUL 2 0 2015 64.;P4-"MW 4;;" RECE! vl: DCM WILMINGTON, NC JUN 18 N15 pod aeBrunswF�inililll������������� B3452r of dP0443Z�or3'', And the Grantor covenants with the Grantee, that Grantor has time nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated 1. Easements, Rights of Way, Restrictions and Encumbra(ncceess of record. IN WITNESS WI-IERFAF, the Grantor has e&t� Ke executed in its company name by its duly authorized Executive Vice President the day ve written FIRST B K BY: (SEAL) E. FOYLES, Vke President 00 I, Amy R Armstrong. a Notary P( ijat% County and State aforesaid do hereby certify that Kirsten E. Fovles. Vice President. for FIRST BANK, a North Carolina Banking Corporation, personally appeared before me this day and aclatowledged the due execution of the foregoing instrument for the purposes therein expressed being authorized to do so on behalf of the company. I& Witness my hand and official stamp or seat, this lA day of August, 2013. My commission expires: July 4. 2015 ,,t� p� SEAL p (8 o Wpa EOpray p, gRMSTRONo Ogrmaaalon t:spYw bToas@@ p08° RECEIVED JUL 8 U 1015 i ►+e eipo &-DVED DCIVI WIL MINGTON, NO JUN 18 2011 Mf�p❑� Ill r�llllllllll lllll ja!;s P9444 09-[2_20,3 08421.001 O W snick a vnty, NC Register of Oeeds Clemons PROP f 3 W page 3 o ��UUJJ EI(IBTT "A" 7rnncr ONRr Hegi.uung atpetalt focataa as the ehwu.ol om. Tntreooattol W marwgy, aNY Potnt bef..glee.tnd w lit8ewa: P*9nt ate Doint whcrc theweetvm Ngbe.e[.wayof ta3lroamaendcale the Cfry the--sherfa lntarmcaY to Om,suettt [I tbf_ aaodw;r{metbmtcswiah ewtluxn N to-o 8h o£H,tq us 8 f-way of Hoy sheet wet It1oY31 egmr w®t 111.34 fret u atfng eono.ole 12 do'tee[ b 1v4ty sty away llna of Ifq Sartre[ m[turaton; ihmcv Swah ] 2 aaleee iny{tbY ne feet to a new lava piDv: rud Otaxs South 12,11 one 30 mirtetcc LrgY 'Bi the place Nd pOlnt OfMgim.ie6. Prom aald be6lmting pn'ol.t MW located. rend t}J}r, North 12 degrees 30 minutes Wet l49 fw< b a new Iran pipe mmee North 12 doze as 30 aainutm We" 133A3 Rat to m aectealn8 concrete monamen[ located In the aouRaa Ngheof-way lies vfney Sue. eatemion to she Gty ors.em,ee t; ay.r tlrutee w{rh m. Souln.m rigllbef-+vat, line or Hey sa'e.a e%mnelen swot n2 dngaaaa west 120 feet m m imn Pipe: rotes cen"nuiag w tW contharn NBhtaf-waY line ofBvY Street m[tenaien Sou" 82 degrees Wen 1 O Aft to an aeon p(iye; runs Ihmee leaving Hey shece axtenaion Swth B d.,sRse Hect a9.16 Rea to a hen pipe; tuna thaace= ,2 a ,s. P.ea 12 Lost to an Iron Plpc r. mrnoe South a deg{aee Agree 5P minute 6 tevavne2E9 mueeu3.hfeet to m iron pip'., ruu damSeoul 130.4to9e true mtdft edge of a flOa<tng neeas tltavve South,de,ree92 a mirwtw 3s exunae Haat 60 hgmthead" ofWelnlmaoa=tui Weraw.y. rue• Iher,aa wlah the chest.] of<he intrmneeal Wpeawey"]metier en also Dlaee aM Pofna ofbeglnWng. a9eeNinE toaplea vfev—es' br WaaLL£�.�tgi/ tyeheuee(b,.lno. bYRobvn H. Mer£eery. A.L.S. doted Novembm. 1985. ^ O p UuIS V TSLwaT TWO: �� O O nlltnl �tJ Begirmitag at an e.lating l�iayitpoi ln� tteetfteaa NghwPv yarHq ew=t way ef9aumPen. see— avid bee iesi ate Deint is heated Norm iZ dapam 18 res en, al aseepr• Pear) f feet corntnaintmaeasenofinenorl[cetn NghtoRw'v efHay dram end Ws eaaom Ngh[�o,R of Yacht Heein drive: from aald pale 104.13 isat s tuna theses ison i ahaln 11nK frnae Nman 12 degrees 30 minutes 00 eerands Wut 10p.87 fact m an m4tinE Iron pipe; runsmeateewilh •chain link f<ncc Narlh 77 d ,,Pw ]O mlrrWm 00 aedoeda Eon 170.1a Aats on eafetin8lron Pipe; tutu rhanav SOWN 12 dsgaeea 30 minutes 00 meoaea San 121.19 fleet b art exienng hew pipe in the nerthmt rignt_oi=wy v£Hay Slaaet. r.ms thmtee w[th the NorthvmriBbUot uy of Bay servt Souafa 62 dcg[ces 3 B s{wtm 4t aeaoMa Wmt 1)0.78 Ae<m t4a place ens Perot ofbegfnning sod 1993. a.4A3 sere veal eyes eurvny byRobaat H. MaEie:¢y, }r. fer}ohn HnzbwdnW Ov{ober3l. 3993. H1±GRAHN/3 etapeintin lhceouth 1�W.H(Il{bprag OIOt��� IY bon 16e westwaNlYdda ofHomday;S t dism¢inelescenWydinctionaadpaa11e1to WawaadeofB SOM adirtstice ofz00 testmeshlm:tl,esce in awoetweNiy dlasctimst`irtdz mgla m eN gntmdnc esa PualIC1 bMpam Slmet vabums o[ 110 feet b a stake Iv tlassro eastern ddge eta 10.1bo[ snev. WIdrL anw L eaiabliehed elmule.usauY=�tm •a. esdpaallelwith aald Boundary Shama dtnesaeof2(M1 fen btoathem IinaotMoeseStremaod lopstbllb lbeecealong arW use,ayeid mile, boo snMeon Stem castWardlyb agent Ro,casae,, , Ra psdalnsrthe use:oftaid Nlry abovetefenM bbylhe han.,Itoegenna0aenaa,e(Na s e- snaesc or opaalo o of motor (vbar.crlrawn vehiola Imes 0e touthoe lino el Moer¢ Strca wuthwsrdty • distance of 200 teal. THffit81S t�tBBY IHCCBPTBH lbm Ibe slwve OcsribM ptepesY anY ponies O,andtpreviouety esneaYedbY HntdoQ �p�on in eats. TRACT POUR BEGINNING u es existing nbar in mht Bash reive, City., smb,omW ¢¢idnMu p�,t� ncl mbnta00 td Sass 120.Wfist from the la[ctaalionofahe ealt?�a ^ $�ytM•syof YevW Basis Dd . vW the eouthctn 6A,,oF wayo sex—Soea4 frame 'Hegiming pole[ ewe 1xLLN.. theses NorN" daes. 30 mieste[ W see9vda Beal 131.00least to anew mbar, rues tb. th ah 12 delpeva 30 mimmn M eemnda See 80.00 test to a new weber rune lbons, Seen 77 de,seve 30 minum 00..egls West 131.00 fiat ban atuing wbar in W dau.. rtydcfmy e"aoi Buln Hdet tunetherm with the eatpo Nghcof--WaY o(Ymela Benin Hdve, Nosh 12 dagase 30 min Acs 00 ncerds West 80.00 fat Re the Pbsea aad point of ileginnieg, beteg.24 eases, mac m lace end bmng Rama ty' se eboWn on surest, by M¢Hemy Suaecyleg fa r) Pau ITaOex Chou, dated Nevuobw 9,' 2005. } TRACT FIVE; BEGTNNP9G a an existing imn pi e,l i i C n a minutes 00 adeends Wat 12 ppe in t boasted North 12 d fW. 30 tinth 82 pipe in Ole Northam Right ofWayof Bay Sleet, City of South w NOrdilocattd Notch 82 WaY O 00 minutia an see it. Es ems Right fees from the d Basin ri of Um Nmtltem Right Pf Wayonh12 Slma and mi ubatem seen "Way OfYaeht Bain Drips; ]tom said ba rests th point North 12 degrees 30 ainvtm 00 accords West 1 fact to an existing iron pipe; rugs thence Snout 77 ddgreee 30 nlinutea 00 aecoede West 1t5.25 foot to m mistlrtg iron pipe; rots iheaoe South 12 aegrem 30 minutes 00 ecoonda e Aaet 80 tease ass misting iron pipe•, tune thmec NorthT degrees 30 minutes 00aegdnda Pact 11525 teat to the Doivt and plane ofbegee;ing, b cing.20 era mom Of 1. and being Out palest identified m Cape Fmr Tladitlg Gmup#9 oath. survey rM by MeR for Cape Fear trading Group dated November 9,2003a (k/ 'Surveying r?no(I rNJWg o RECEIVED JUL 2 0 1015 �a-uw+t�e �Nn ppC� Gl�jpo9ft�g6� G 1�1 UtI@fib -ECEIVED DCM WILMINGTON, NC JUN 18 2015 RECEIVED JUL 2 0 2015 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Yacht & Bay Holdings, c/o Paul Swenson 2. LOCATION OF PROJECT SITE: The project is located 319 West Bay Street, adjacent to the Cape Fear River, in Southport, Brunswick County. Photo Index - 2006: 10-6108: T, 10 2000: 9-91: L-M, 5-6 1995: 10-92: D, 12-13 State Plane Coordinates - X: 2296777 Y: 61821 GPS — Not taken Latitude:33°54'57"N Longitude:78'01'19"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/23/15, 6/19/15 Was Applicant Present —No (agent present on 4/23) 5. PROCESSING PROCEDURE: Application Received — 6/18/15 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Southport Land Classification From LUP — CBD/Mixed Use (B) AEC(s) Involved: EW, PTA, ES, CW Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — None Planned- None (F) Type of Structures: Existing — Dilapidated pier. Planned - Three -slip open water docking facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA) DREDGED ERJM 9THER (A) Vegetated Wetlands- Coastal Wetlands —150 sq. ft shaded (B) Non -Vegetated Wetlands (Open water) —1,574 sq. ft. (incorporated) (C) Other - Highground —378 sq ft. (D) Total Area Disturbed: —2,102 sq. ft.(0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No (G) PROJECT SUMMARY: The applicant is proposing to construct a commercial 3-slip docking facility. RECEIVED JUl 2 01014 Yacht & Bay Holdings, LLC- c/o Paul Swenson Page Two 9. PROJECT DESCRIPTION The project is located at 319 West Bay Street, adjacent to the Cape Fear River, in Southport, Brunswick County. To find the project site, travel south on US Highway 17 to NC Highway 133 South. Travel approximately 23.75 miles south and turn left on to N. Howe St/NC Hwy 211.Tum right at the end of N. Howe St. onto W. Bay St. Travel approximately 0.2 miles to the end of W. Bay Street and the property will be located on the left immediately before the Frying Pan Restaurant. The property consists of a lot with an area of approximately 0.55-acres, which is located within the planning jurisdiction of Southport. The property is bordered by a restaurant to the west, E. Bay Street to the north, the Cape Fear River to the south and a vacant property to the east. According to the applicant, the property averages an approximate elevation of 0' to 4' above Normal High Water (NHW). The highground adjacent to W. Bay Street is bordered by coastal and §404 wetlands to the south. High marsh vegetation consists primarily of Sea Oxeye (Borrichia frutescens), Common Reed (Phragmites australis), Salt Meadow Hay (Spartina patens), and Spikegrass (Distichlis spicata). The high marsh then transitions waterward to a small berm where the vegetation predominantly consists of Sea Oats (Uniola paniculata), Goldenrod (Solidago sempervirens), Salt Meadow Hay and Sea Oxeye. Flooding of the wetlands onsite appears to originate from the adjacent properties to the east and west, rather than over the berm and from the river. A dilapidated pier is the only man-made structure on the property. The waters of the Cape Fear River, adjacent to the project site, are classified as SC by the North Carolina Division of Water. Quality. They are not 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 is proposing a commercial docking facility that would accommodate up to three vessels. The structure would consist of a pier, measuring 145' in length by 6' in width, leading to a 40' in length by 20' in width roofed T-head/gazebo. Two ramp landings are then proposed along the western side of the T-head. Each would measure 6' in length by 6' in width. A floating dock, aligned parallel with the shoreline, would extend to the east from the bottom ramp landing, 6' waterward of the gazebo. The floating dock would measure 46' in length by 6' in width. According to the applicant, current water depths at the proposed docking facility range from -7' to -9' at Normal Low Water (NLW). Yacht & Bay Holdings, LLC- c/o Paul Swenson Page Three 10. ANTICIPATED IMPACTS Approximately 150 sq. ft. of coastal wetlands would be shaded by the six foot wide pier. The proposed pier and three -slip docking facility would incorporate approximately 1,574 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed docking structure would not encroach into the adjacent 15' Riparian Corridor Setback Areas, nor into the US Army Corps of Engineers setback and would extend approximately 90' into the waterbody, which measures more than 3000' across, and thus meets the '/4 width rule. Increases in turbidity should be expected during construction. Submitted by: Heather Coats Date: 6/25/15 Office: Wilmington RECEIVED JUL 2 0 lilt i�iM�Ohlk1 ka'Fj.M CAMA Major Permit Application Project Narrative 319 West Bay Street, Southport Brunswick County, North Carolina Yacht & Bay Holdings LLC, Applicant Land Management Group (LMG) Inc., Agent Yacht & Bay Holdings, LLC proposes to construct a fixed pier, fixed gazebo and floating dock on their property located at 319 West Bay Street, Southport, NC (Brunswick County Parcel 237LF008). The property holds riparian rights to the Cape Fear River along the Southport downtown riverfront. The Atlantic Intracoastal Waterway (AIWW) channel extends along the property, and the structure setback from this channel is much more limiting than one -quarter of the waterbody width limitation required by the NC CAMA. The North Carolina Environmental Management Commission (EMC) designates a stream classification for the Cape Fear River in this location to be the "Southport Restricted Area, Sc Waters". The property is approximately 0.55-acre in size, and has 129 linear feet of shoreline along normal high water line. Zoning by the City of Southport is business district, with restaurants located along Yacht Basin Drive to the west and associated parking to the north. Areas to the east are largely residential. The property is located with the Southport Historic District. Natural vegetation on upland portions of the property has been largely removed, and the property is mostly exposed sand. The site appears to have been graded in the past, and an area just off the street has been used for parking by customers at the nearby restaurants. A natural, sandy berm (approximately three feet in height) exists along the riverfront and is covered with typical dune vegetation including Spartina patens and Unioia paniculata. A wetland pocket exists just landward of the berm in what was presumabley a small swale. The area was delineated by land Management Group in February 2015 and was considered a joint coastal marsh (as defined by NC CAMA) and federal wetland line (as defined by US Army Corps of Engineers guidelines). No vegetation exists on the sandy beach waterward of the berm. Remnants of a fixed pier remain on the property and would be removed for construction of the proposed replacement pier. Pilings from a former structure located in the adjacent riparian corridor to the west encroach onto this property's riparian corridor. Pilings will be removed as needed to construct the proposed structures. The applicant proposes to construct a 145 foot long fixed pier (57 feet from NHW); a 40 foot by 20 foot gazebo; and a 6 foot by 46 foot floating dock. A 6 foot by 6 foot fixed platform would also be constructed for the ramp to the floating dock. Transient, side -to dockage is proposed along the waterward edge of the floating dock, and water depths along the proposed dock are approximately -9' NLW. Structures would be used for both private and commercial use, and use of the structures may be rented for weddings and similar events. The fixed pier would be elevated a minimum of 3 feet above the wetland, as required by the NC CAMA. No upland work is proposed. RECENED JUL 2 0 2015 qr$ 4mM o" RECEIVED DCM WILMINGTON, NC JUN 182015 r i t + NC® NR Pat McCrory4orth Carolina Department of Environment and Natural Resource - Governor Donald R. van der Vaari Secretary June 25, 2015 Jt n1 t=r'_ MEMORANDUM: TO: Renee Gledhill -Early Dept. of Cultural Resources ?6� Archives & History A- j �oIt FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Yacht & Bay Holdings, LLC c% Paul Swenson Project Location: 319 West Bay St., adjacent to the Cape Fear River, in Southport, Bnrnswick Co. Proposed Project: to construct a 3-slip commercial docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doua Huggett at the address above by July 20, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 when appropriate, in depth comments with supporting data, is requested. REPLY: _This agency has no objection to the project as proposed. hoc AH Nip- -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. r� SIGNED U_r`.l L �� DATE • 4 %S N.C. DIV'Si0n of COasral Management 127 Cardial Drive &I., wilmin,,on, NC.28405 Phone:910-79u•7215 t FAX, 9i0395-3964.Inlemet: %vmv:ncmasta1manaoemen1.net A.: E.7,+Or"t i r. Atl'nt=m ErrNuj& m4 3 P 7015 F Y NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor June 25, 2015 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Yacht & Bay Holdings, LLC c% Paul Swenson Project Location: 319 West Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co. Proposed Project: to construct a 3-slip commercial docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July 20, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. SIGN This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE t5 N.C, Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaoement.net An Equal Opportunity 1 Affirmative Acton Employer RECEIVED JUL r 8 7015 k)CXF441)u s :I: DISTRICT 3 NCDENR North Carolina Department of Environment and Pat McCrory Governor June 25. 2015 MEMORANDUM: TO: Anthony Law NC DOT Brunswick County JUN 2 � 2015 RECEIVED Natural Resource Donald R. van der Vaart Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Yacht & Bay Holdings, LLC c/o Paul Swenson Project Location: 319 West Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co. Proposed Project: to construct a 3-slip commercial docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July 20, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 when appropriate, in depth comments with supporting data is requested. Ai REPLY: This agency has no objection to the project as proposed. S101 L 0 Inn This agency has no comment on the proposed project. 35N33321 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 `� �'�iyL-� DATE ?lZ/�2 N.0 Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirtna6ve Acton Employer RECEIVED JUL 0 7 2015 Pat McCrory Governor June 25, 2015 MEMORANDUM: TO: MOVER North Carolina Department of Environment and Natural Resource e-15.0j.ni.03 Maria Dunn NCWRC For WiRO Donald R. van der Vaart Secretary JUL 2015 RECOVED FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Yacht & Bay Holdings, LLC c/o Paul Swenson Project Location: 319 West Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co. Proposed Project: to construct a 3-slip commercial docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July 20, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 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 Mz,1. 1 DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28406 Phone: 910-796-72151 FAX: 910-395-39641ntemeC www.nocoastaimanaoement.net An Equal Opponunily 1 AMmobve Acton Employer RECEIVEC JUL 2 7 2015 t'?t^MtiWYi42 tal41! Pat McCrory Governor June 25, 2015 A � •'A �i� NCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary DECEIVED MEMORANDUM: %y 2013' TO: Wayne Strickland CITY CLERK, LPO CITY MANAGER'S OFFICE City of Southport FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Yacht & Bay Holdings, LLC c/o Paul Swenson Project Location: 319 West Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co. Proposed Project: to construct a 3-slip commercial docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Howe tt at the address above by July 20, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 when appropriate, in depth comments with supporting data is requested. REPLY: C/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 for reasons described in the attached comments. RECEIVED SIGNED DATE / JUL 16 2015 e� N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 RECEIVED Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanaaement.n6CM WILMINGTON, NC An Equal Opportunity 1 Affirmative Action Employer JUL 1 g ZW5 4 NCU R. North Carolina Department of Environment and Natural Resource Pat McCrory Governor June 25, 2015 MEMORANDUM: TO: Gregg Bodner Fisheries Resource Specialist DCM, Morehead City Donald R. van der Vaart Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: cY.acfit=&-Bay-Holdings,'LLC-c%-Pauf"Swenson Project Location: 319 West Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co. Proposed Project: to construct a 3-slip commercial docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July_20,--26 1f you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 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. -7- - SIGNED t7 �--� DATE 115' N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3954Internet: www.nccoaslalmanagement.net JUN 29 2015 An Equal Opportunity IA(frmative Acton Employer ; .-i"r"�9iu NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaan Governor Secretary MEMORANDUM: TO: Doug Huggett, DCM Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Yacht and Bay Holdings LLC (319 West Bay St. Southport) DATE: 7/20/2015 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to remove a remnant fixed pier and any necessary pilings from the riparian buffer; construct a 145ft. long by 6ft. wide pier with covered gazebo; and construct a 45ft. long by 6ft. wide floating dock with three transient side -to slips, Water depth at the location of the floating dock is -7ft, to -9 ft. at normal low water (NLW). The habitat and waters are classified as coastal wetlands (CW), secondary recreation (SC) and are closed to shellfish harvest by the NC Division of Marine Fisheries Shellfish Sanitation Section. The proposed three slips are within a closed shellfish harvest area. If the NC DMF Shellfish Sanitation Section determines that the addition of these slips increases the shellfish closure, then I object to any number of slips that would result in the additional closure of shellfish harvest grounds. The location of the proposed construction is located within estuarine waters of the Cape Fear River, which is important to the migration of anadromous fish species, and in close proximity to Primary Nursery Areas and the mouth of the Cape Fear River. Anadromous fish spawning areas are those areas where evidence of spawning of anadromous fish has been documented by direct observation of spawning, capture of running ripe females, or indication of eggs or early larvae. Anadromous species within the Cape Fear River include American and hickory shad, striped bass, river herring, American eel and both Atlantic and shortnose sturgeon. Currently DCM recommends an AFSA moratorium on in water work, to include dredging, from 1 February to 30 June. This moratorium reduces the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. In addition, DCM recommends a standard moratorium on in water work, to include dredging, from 1 April to 30 September. This moratorium reduces the overall negative effects on critical fish life history activities, to include spawning migrations and nursery functions. Therefore, due to the both AFSA and estuarine habitat, a hybrid moratorium of 1 February to 30 September is recommended. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or gregg.bodnar@ncdenr.gov with further questions or concerns. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 %Internet: www.ncdenr.gov An Equal OppodunitylAffirmative Action Employer- Made in pad by recycled paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OP August 7, 2015 Regulatory Division Action ID No. SAW-2015-01105 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: Jyquht-4 yo IMP ,;7 /-/,c Reference the application of Mr. Paul Swanson, to construct a 3-slip commercial docking facility at 319 West Bay St., within the Cape Fear River, Southport, Brunswick County, North Carolina. Coordinates in Decimal Degrees are: 33.915819 N,-78.022201 W. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htti)://www.fws.gov/nc-es/mammal/manatee guidelines.adf. 2. Dredging is not authorized. 3. 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. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be RECEIVEC approved by the US Army Corps of Engineers (USACE) prior to implementation. AUG 12 1015 ybpk-gANN eµx -2- 5. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent 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, aECEivm Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous AUG 12 1D15 Substances Control Act will be followed. �o G�w -3- 12. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. RECEIVED AUG 12 2015 FncM*-"N%d Y- IM Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Copies Furnished Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Since a Tyler Crum ley, Project Manager Wilmington Regulatory Field Office Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georigia 30303-8960 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 REGEpVED pUG 1215h Huggett, Doug From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Tuesday, July 07, 2015 11:33 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; poden.p.pedrus@uscg.mil; Coburn, Chad; Coats, Heather; Scott.D.McAloon@uscg.mil; Derek.J.Burrill@uscg.mil; Douglas.C.Simpson@uscg.mil Cc: Crumbley, Tyler SAW; Hair, Sarah E SAW Subject: SAW-2015-0110S / 319 West Bay Holdings Commercial Dock / Yacht and Bay Holdings LLC / Brunswick County / CAMA Major _GP291 Attachments: 319 West Bay St. Yacht and Bay Holdings Commercial Dock.kmz; CAMA Application and BioReport.pdf; ePN 2015-01105_.pdf, Plans.pdf w 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 modification request, and proposed plans for the subject project. The attached notice requests federal agency comments on this project by 6 August, 2015. The applicant proposes to construct a 3-slip commercial docking facility within the Cape Fear River, Southport, Brunswick County, North Carolina. Coordinates in Decimal Degrees are: 33.915819 N,-78.022201 W. The proposed dock configuration consists of a 145' x 6' wide access pier to a 40' x 20' roofed T-head Gazebo and a 6' x 46' floating dock with a 6' x 6' fixed platform to ramp to the floating dock. Total impacts to waters df the U.S. are 1,112 sq. ft. Please see the field investigation report and the application for more detailed information concerning the proposed project. A copy of the applicant's CAMA request and plans are attached. Also, attached is a Google Earth (kmz) file of the project area. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but 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. The proposed dock impacts are anticipated to be minimal due to the temporary nature of the installation. Current water depths are -7 to -9 at MLW and no dredging is proposed. The project area is not designated as PNA. SAV is not expected to be present based on observation from aerial photography. The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project will not affect any 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 found the project area exists within the Southport Historic District (Site ID: BWO008). The Corps initially determines that the proposed project may affect the resources present from the construction of the docking facility. Please contact me if you have any questions. Please provide comments as soon as you can or by 6 August, 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.crumbleyCausace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" Hugg'ett, Doug From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Friday, August 07, 2015 8:55 AM To: Huggett, Doug Subject: Proposed Comments- SAW-2015-01105 / 319 West Bay Holdings Commercial Dock / Yacht and Bay Holdings LLC / Brunswick County / CAMA Major GP291 Doug, Please find the comments below for the 319 Bay St. Dock. Hard -copy to follow. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 2. Dredging is not authorized. 3. 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. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities stiall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent 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. 12. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. A► NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary June 25, 2015 @ i2�a ,? MEMORANDUM: �U JUN 2 oN;s e 6 2015 or TO: Heidi Cox Environmental Engineer WiRp p b c wateees UAW; Public FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Yacht & Bay Holdings, LLC c% Paul Swenson Project Location: 319 West Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co. Proposed Project: to construct a 3-slip commercial docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by July 20, 2015. If you have any questions regarding the proposed project, contact Heather Coats at (910)796-7424 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 77// N C Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net RECEIVED An Equal Opponunity, 1A(firmative Action Employer U 7 1015 Huggett; Doug From: Coats, Heather Sent: Monday, July 20, 2015 2:29 PM To: Huggett, Doug Subject: FW: Certified Mail, Paul Swenson/ E Bay St dock CAMA Major Attachments: YachtBasinHoldingsll_certifiedmail_return.pdf, Yacht Basin Holdings H GIS record.docx Hey Doug, Here's the other adjacent property owner notification (attempt in this case). I've also attached the County's GIS record for the neighbor showing the contact info for YBH IL I've asked Laura to drop off the original package too for our records when she gets a chance. But let me know if you need anything else! Heather Heather Coats, Field Representative NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 (910) 796-7424 Fox(910) 395-3964 heather.coats@ncdenr.gov Please visit wwwmccoastalmanavement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. " E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Laura Stasavich fmailto:lstasavich@lmgrouo.net] Sent: Thursday, July 16, 2015 9:18 AM To: Coats, Heather Cc: Steve Morrison Subject: Certified Mail, Paul Swenson CAMA Major Hi Heather, Attached is a copy of the return certified mail package sent to Yacht Basin Holdings II LLC for the Paul Swenson CAMA Major Permit application. Apparently, it was never accepted. Thankyou- Laura .SECTION ='N Complete items 1, 2, and 3. -- - d ■ Print your name and address on the reverse I 7 so that we can return the card to you. (DM 0 Attach this card to'the back of„the mallplece, or on the front if space permits. Vr d Z Q NLU .. 1. Anlcle Addressed to:-- L�UAI I7ASI� `1V�Ii�.i J1 �- '_' v 325 zb AfCI�� (2v 7y�tr,lrt /a Z= 0 a1 w ' III'IIIII IIII IIIIIIIIIIIIIIIIIII'II IIIII III III 13 Agent s •❑Addressee , Received by (Primed Name) C. Date of Delivery Is delivery address different from iterm 17 ❑ Yes. If YES, enter delivery address below. ❑ No 1 -- i Mee Type ❑ Priority Mail Express® 'It Signature ❑ Registered Mailm i a signature Restricted Dellvery 12 Registered Mail Restricted F Brunswick County NC GIS Jub OO'0015 PEl:ID 1%18908 PMCEUD:M?UDOT Offl T:YACHTDAGO WWTIIG911LLC 1-EDFM A MESSI: A MESS2:MSMMCHDAL Mr..QI LHILL STATE:M ➢PCODE:MSII PMCELDESCDSIACPUMa1 OEEOMTE:9MW DEEDDOOM] 7MEDPAGE:Ml PLA MK::ull PIATPAGE; Wl PL MATE: ACPE9:.Tl TOMSMP: SMTNALLE DEPEMEDVP :0 a�1 IAMIVAU 1798DO OTHEINAL:0 HOMMU 0 TOTALVAU 1798M MECOOEID: 14 MECODEI"E: SaMPM CAMA Major Permit Application Project Narrative 319 West Bay Street, Southport Brunswick County, North Carolina Yacht & Bay Holdings LLC, Applicant Land Management Group (LMG) Inc., Agent Yacht & Bay Holdings, LLC proposes to construct a fixed pier, fixed gazebo and floating dock on their property located at 319 West Bay Street, Southport, NC (Brunswick County Parcel 237LF008). The property holds riparian rights to the Cape Fear River along the Southport downtown riverfront. The Atlantic Intracoastal Waterway (AIWW) channel extends along the property, and the structure setback from this channel is much more limiting than one -quarter of the waterbody width limitation required by the NC LAMA. The North Carolina Environmental Management Commission (EMC) designates a stream classification for the Cape Fear River in this location to be the "Southport Restricted Area, Sc Waters". The property is approximately 0.55-acre in size, and has 129 linear feet of shoreline along normal high water line. Zoning by the City of Southport is business district, with restaurants located along Yacht Basin Drive to the west and associated parking to the north. Areas to the east are largely residential. The property is located with the Southport Historic District. Natural vegetation on upland portions of the property has been largely removed, and the property is mostly exposed sand. The site appears to have been graded in the past, and an area just off the street has been used for parking by customers at the nearby restaurants. A natural, sandy berm (approximately three feet in height) exists along the riverfront and is covered with typical dune vegetation including Spartina patens and Uniola paniculato. A wetland pocket exists just landward of the berm in what was presumabley a small swale. The area was delineated by Land Management Group in February 2015 and was considered a joint coastal marsh (as defined by NC CAMA) and federal wetland line (as defined by US Army Corps of Engineers guidelines). No vegetation exists on the sandy beach waterward of the berm. Remnants of a fixed pier remain on the property and would be removed for construction of the proposed replacement pier. Pilings from a former structure located in the adjacent riparian corridor to the west encroach onto this property's riparian corridor. Pilings will be removed as needed to construct the proposed structures. The applicant proposes to construct a 145 foot long fixed pier (57 feet from NHW); a 40 foot by 20 foot gazebo; and a 6 foot by 46 foot floating dock. A 6 foot by 6 foot fixed platform would also be constructed for the ramp to the floating dock. Transient, side -to dockage is proposed along the waterward edge of the floating dock, and water depths along the proposed dock are approximately -9' NLW. Structures would be used for both private and commercial use, and use of the structures may be rented for weddings and similar events. The fixed pier would be elevated a minimum of 3 feet above the wetland, as required by the NC CAMA. No upland work is proposed. RECEIVED JUN 2 9 7U15 RECEIVED DCM WILMINGTON, NC JUN 18 2015 �� 4 �� I�IL�CIVR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary June 25, 2015 Land Management Group, Inc. c/o Steve Morrison 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Dear Mr. Morrison, The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Yacht & Bay Holdings, LLC, for State approval for development of property located at 319 W. Bay Drive, in Southport, Brunswick County. It was received complete on 6/18/15 and appears to be adequate for processing at this time. The projected deadline for making a decision is 9/2/15. 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 6/18/15, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Heather Coats Field Representative cc: Doug Huggett, DCM Debra Wilson, DCM Tyler Crumbley, COE Wayne Strickland, City of Southport 127 Cardinal Drive Ext, Wilmington, North Carolina 28405 Phone: 910-796-72151 Internet: www.nodenr.gov An Equal Opportunity 1 Affirmative Action Employer- Made in pert by recycled paper RECEIVED JUN E 91015 6�1e4r,-Wii7� r-IlY, &L -A I NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 25, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Donald R. van der Vaart Secretary Re: Major Public Notice - Yacht & Bay Holdings, LLC/Brunswick County Team Kyle: Please publish the attached Notice in the Monday, June 29, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Support & Customer gervice Division of Coastal Management cc: WiRO Doug Huggett - MHC DCM Tyler Crumbley - USACE Michele Walker- DCM RECEIVED JUN 2 9 20b N. C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action 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 application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, On June 18, 2015, Yacht & Bay Holdings, LLC proposed to construct a commercial docking facility at 319 W. Bay St., adjacent to the Cape Fear River, in Southport, Brunswick County. A copy of the application may be examined or copied at the office of Heather Coats, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7424) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 20, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JUN 2 91015 �er:w�ti sue,.: i v()'1'IC1: CAMA PERMITC^^Fp1)FaJj5jfSes eo'�O�iS�FCZa ff w rer, ;0 COMMENTS ACCEPTED THROUGH July 20, 2015 0� APPLICANT: Yacht & Bay Holdings, LLC c/o Paul Swenson 107 N. Atlantic Ave. Southport, NC 28461 Agent: Steve Morrison, LMG, Inc (910) 452-0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Heather Coats, Field Representative 910-796-7424 YM NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary AGENT AUTHORIZATION FORM Date: _May 5, 2015 Name of Property Owner Applying for Permit: _Paul Swenson, Yacht & Bay Holdings, LLC _ Owner's Mailing Address: 107 North Atlantic Ave, _Southport, NC 28461 Name of Authorized Agent for this project: Land Management Group, Inc. Agent's Mailing Address: 3805 Wrightsville Ave., Suite 15 _Wilmington, NC 28403 Email: _pmswenson@gmail.com_ Email:_smorrison@lmgroup.net Phone ( M-) 367-3982 Phone (910 1 452-0001 I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for, and obtaining all CAMA Permits necessary to install or construct the following (activity): of fixed pier, gazebo and floating dock For my property located at 319 West Bay Street, Southport, NC This certification is valid 1 year from (date) _May 5, 201 Property Owner Signature Date 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: %Aiw nimoastalmanagement.net An Equal 00Wunity I Alfinnawe Acaon Emgoye RECEIVED DCM WILMINGTON, NC JUN 2 4 2015 RECEIVED JUN 2 9 2015 QCkA 44miy k- A X ral Ir rn 13 Ak�L M G C3 Postage e p centred Fee LAND MANAGEMENT GROUP INC. Posunad Environmental Consultants o Return Race p Fee (Endorsement Required) Here O Restricted Del" Fee N (Endorsement Required) L ti Total Postage & Fees $ June 17, 2015 C3 MTO IALH� gas�N .Sata.Z,Pi6 .. TO: Yacht Basin Holdings II, LLC ._"__"_"_"._._.._. 32520 Archdale Drive Chapel Hill, NC 27517 PS Fenn 3800, June 2002 See Re,erse for Instructions i RE: Required Notification 419 West Bay Street; Southport, NC CAMA Major Permit Application Dear Sir/Madam, This letter serves to notify you of a proposed pier and dock to be located at 319 West Bay Street in Southport, NC. Mr. Paul Swenson, for Yacht & Bay Holdings, LLC, has submitted a CAMA Major Permit application to the NC Division of Coastal Management (DCM) requesting authorization to construct a fixed pier, gazebo and floating dock on the property. As an adjacent riparian property owner to the project, you are required by the permit application process to be notified. A copy of the CAMA permit application (narrative, application forms, and figures) as it will be submitted to NC DCM is enclosed. Any objections can be directed to Ms. Heather Coats, NC DCM, 127 Cardinal Drive Ext., Wilmington, NC, 28405. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, ;Ar7t-- Steve Morrison Land Management Group, Inc. (agent) Encl. cc: Heather Coats, NC DCM RECEIVED JUN 2 91015 �+ www.lmgroup.net •into@Imgroup.net •Phone: 910.452.0001 •Fax: 910.452.0060 0�1.1 3805 Wrightsville Ave., Suite 15; Wilmington, NC 28403 DECEIVED ACM WILMINGTON, NC SUN 18 2015 LMG LAND MANAGEMENT GROUP txc. Environmental Consultants June 17, 2015 TO: Southport Waterfront Properties, LLC 6752 Gordon Road Wilmington, NC 28411 RE: Required Notification 419 West Bay Street; Southport, NC CAMA Major Permit Application Dear Sir/Madam, LA-K I It-ItU MAIL,, hr-L, (Domestic Mail Only; No Insurance Cc m 3 M1 Ln Postage M G Conned Fee G G Return Receipt Fee (EMwaement Required) s PoEWark Iris O Restricted Delivery Fee M1 (Endorsement Required) In ru Total Postage & Fees $ m p Sent To M1 Sneer. aPr: x�.: -'/. wPo-_! ---Q- ------------------------- This letter serves to notify you of a proposed pier and dock to be located at 319 West Bay Street in Southport, NC. Mr. Paul Swenson, for Yacht & Bay Holdings, LLC, has submitted a CAMA Major Permit application to the NC Division of Coastal Management (DCM) requesting authorization to construct a fixed pier, gazebo and floating dock on the property. As an adjacent riparian property owner to the project, you are required by the permit application process to be notified. A copy of the CAMA permit application (narrative, application forms, and figures) as it will be submitted to INC DCM is enclosed. Any objections can be directed to Ms. Heather Coats, NC DCM, 127 Cardinal Drive Ext., Wilmington, NC, 28405. No comment within 30-days of receipt of this package indicates no objection. 1 am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, G9" /-J-1- Steve Morrison Land Management Group, Inc. (agent) Encl. cc: Heather Coats, NC DCM RECEIVED JUN 2 9 2015 www.imgroup.net • info@imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15; Wilmington, NC 28403 RECEIVED DCM WILMINGTON, NC JUN 18 2015 ■ Complete items 1, 2, and 3. ■ 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: (p'152— 6VA W 2o,, ( 11,)Amiw*wi 1JC. (5-fY(( 111111111111111111111111111111111111111111111 9590 9403 0119 5077 8185 45 2. Article Number (mnsfer from service rahan PS Form 3811, April 2015 PEN 7530-02-000-9053 7005 2570 0000 5703 9918 =m � IS'o36 � ca oy @ 3g �a e m 9Z 9� 3 A. Signature X ❑ Agent ❑ Addre B. Recff(Pnam) C D to of lM lt D. Is delivery address different from item ❑ A. If YES, enter cgertlr,� el D ❑ No DCM WILMINGTON, NC JUN 2 4 2015 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MailTM ❑ AdA Signature Restricted Delivery ❑ Registered Mail Resf sated ❑ Certified Mail® Delivery ❑ Certified Mal Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Mercha ise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation"' ❑ Insured Mail ❑ Signature Confirmation CI 2! ureol Mail Restricted Delivery Restricted Delivery Domestic Return Receipt 7005 2570 0000 5703 @ 9895 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor 6/22/15 Sent via E-Mail Land Management Group, Inc. c/o Steve Morriion 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Email: smorrison@lmgroup. net RE: Permit Application — 319 W Bay Street Dear Mr. Morrison: Donald R. van der Vaart Secretary On June 18, 2015, we received your CAMA Major Permit Application, acting as agent for Yacht & Bay Holdings, LLC, for authorization to construct a new docking facility, located at 319 W. Bay Street, Southport, Brunswick County. However, your application lacks information necessary for complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this E-mail, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. If you have any questions, please feel free to call me at my Wilmington office (910) 796- 7424. Sincerely, Heather Coats Field Representative Attachments cc: Debra Wilson, DCM Doug Huggett, DCM ReCElveo SUN 2P.9 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: www.nodenr.gov An Equal Opportunity 1 ArArmative Action Employer - Made in pan by recycled paper Atf�LMG LAND MANAGEMENT GROUP INC. Environmental Consultants June 24, 2015 Ms. Heather Coats Division of Coastal Management 127 North Cardinal Drive Wilmington, N.C. 28405-3845 RE: CAMA Major Permit Application -Yacht & Bay Holdings, LLC 319 West Bay Street, Southport, Cape Fear River Heather, Please find enclosed revised materials for the above -referenced permit application as requested in your June 22, 2015 letter. A revised MP-4 form, revised Sheets 3-5 and the signed agent authorization form are enclosed. The signed green card recipt from the adjacent landowner to the west is enclosed. We are still waiting on the signed green card receipt to be returned from the adjacent landowner to the east, however, a copy of the initial mail receipt with a tracking number is provided. We will forward the green card receipt as soon as it is received. Thank you for your assistance. Regards, Steve Morrison Environmental Consultant Enclosures: as stated cc: Mr. Paul Swenson, Yacht & Bay Holdings LLC RECEIVED JUN 2 91015 RECEIVED It JUREC,'V—�'v ED DCM WILMINGTON, NC JUN 242015 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION Please submit agent authorization from Yacht & Bay Holdings, LLC, authorizing Land Management Group, Inc.to act as agent for the applicant. 2. Please submit two signed green cards or letters of no objection from the adjacent riparian property owners as proof of notification, as required by 07J .0204(b)(5). Please complete Section 1 of the DCM MP-4 form to include the two 6' x 6' ramp landings and complete Section 2, as required by 07J .0204(b)(2). 4. Please check the scales and scale bars on all plans to ensure they are correct, as required by 07J .0203(b). Specifically, please correct the bar scales on Sheets 3 & 5 and the horizontal and vertical scales on Sheet 5. Please also show the approximate location of the existing pilings near the project area on the plans and correct the property owner's name on Sheet 3. RECEIVED JUN 2 81015 LC04Any, 04y, LMG LAND MANAGEMENT GROUP me Environmental Consultants June 17, 2015 Ms. Heather Coats Division of Coastal Management 127 North Cardinal Drive Wilmington, N.C. 28405-3845 RE: CAMA Major Permit Application -Yacht & Bay Holdings, LLC 319 West Bay Street, Southport, Cape Fear River Heather, Please find enclosed a CAMA Major Permit application requesting the construction of a fixed pier, gazebo and floating dock on Brunswick County parcel 237LF008 located at 319 West Bay Street, Southport, NC. Proposed structures would be located on the Cape Fear River in the downtown Southport area. Remnants of a deteriorated pier currently located in the property's riparian corridor would be removed. Forty six feet of linear, transient dockage is proposed along the waterward edge of the floating dock. No dredging is required, and no upland development is proposed. Additional details are provided in the enclosed project narrative, application forms, and application figures. Please let me know if you have any questions. As always, thanks for your assistance. Regards, Steve Morrison Environmental Consultant Enclosure(s): as stated cc: Mr. Paul Swenson, Yacht & Bay Holdings LLC RECEIVED JUN 2 91015 RECEIVED DCM WILMINGTON, NC www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 M w�l�(Iiilllllllllllllllll 8345E P9442 03 ,3 Ed,3 erenea N. Clameons2t.p0pa t� arunsuiok County, NC Reglsler of Deeds page f Of 3 N. Clemnons Reglsler of Deeds 09-12- 00-f2VENUE 09:45: 05Brureu lok County, W$1 NC REVENUE aTfa : j3050.00 1p3840301 �Tob r 11rP (� c a; cat e Qp (0 olJ� V Pahtdsaidoamen aa�:scNeca!�bmn(dlon _ Delinquent Taxes, if any, to be paid by the ofopynal. closing attorney to the Brunswick County ODummerdmntainsseas.er0edtp Ina Tex Collector upon disbursement of closing Yatrument Nat ranan be ieploducedorco0d. proceeds NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax 1 050.00 �',/��( nQ Parcel ID#'s: 237LF008: 237LF006: 237LF004a 23?LF0@dU %r Q0402 This deed was prepared by: Kirsum E. Fo ,`940 Commerce Ave., Ste. 17B, Southern Pines, N Mail after recording to: Randall A. Hanson, Esq., 300 N. Greene St., Ste. 1900, Greensboro, NC 27410 NO OPINION ON TITLE REQUESTED OR GIVEN TIES DEED made this 29th day of August, 2013, by and between GRANTOR: FIRST BANK A North Carolina Banldng Corporration 341 North Main And 1If1 GRANTEE: YACHT & BAY HOLDINGS, LLC, A North Carolina Limited Liability Company 107 N. Atlantic Ave., Southport, NC 28461 NC The designation Grantor and Grantee as used herein shall include sai pa *oir heirs, successors, and assigns, and shall include singular, plural, masculine, je»iin,i�ne o�eRlan�l context. Qo (8 o o 1u WITNESSETH, that the Grantor,�or a valuable consideration paid by the Grantee, the receipt of which is hereby aclmowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Brunswick County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" The property hereinabove described was acquired by Grantor by i recorded in: Book 2999, Page 1047, Brunswick County Registry. ,t��gQ�p o n All or a portion of the property h e H� hVeyed doe not include the primary residence ofa Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. �o�n�pa�g6o0PQt Tpd oCDVVD§@@o[n@t RECEIVED JUN 2 9 2015 RECEIVED DCM WILMINGTON, NC JUN 18 2015 podobpa Brunswick illYllliiiiiiiiiiicl ii R,crda.PM 0 1 "4 3"a ' And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. 1. Easements, Rights of Way, Restrictions and Encumbrances of record. IN WffNESS WHEREOF, the Grantor has .&tgKe executed in its company name by its duly authorized Executive Vice President the day W written. 1� FIRST BANK K BY: (SEAL) NHWIEN E. FOYLES, Vice President L Amy R. Armstrong, a Notary PUFiWW%e County and State aforesaid do hereby certify that Kirsten E. Fovles, Vice President, for FIRST BANK, a North Carolina Banking Corporation, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed being authorized to do so on behalf of the company. Witness my hand and official stamp or seal, this day of ugust, 2013. My commission expires: July 4, 2015 ,,tt�� r' SEAL pQo lJ obpa� /JAY R. gRMSTROrai Notvr�� yatt NC,,,nty WR MY Cow ppd °pain%@@ 0 S pp a oC�paWg6� o WQfi� d RECEIVED JUN 2 9 2015 ppp o oVp jnz@@ ow@� �c;m awe 4iu CJ 'E=rt, -u DCM WILMINGTON, NC JUN 18 2015 ill IIIIII poi ob�aW IckI o�1ty, NC Register Registerf Ve . pagem3 of23PROP G EXIMIT `tA" slzncr oxHl me soutnew tlgh[-of�avey of Hq strvat m Qjlnt 8- ape. Went 111.34 fees m m eatvtn8 eo"a�ota---••—�-t tn,Wq & gLe-¢r w tine ofluw Stanet mat�,e[on- wm mace So emb 12 do lntnLfRl >}ii1 1.45 Ibrt m nnaw tto¢ pipe; tvve the rev South t2 dageep 30 mimitea kd fhe plvae and point 0 W-1l143 pram avid beginning pol¢t thud located.>tim North 12 degtpa 30 mlmulp Wet t49 foni m a a.nw iron pipe; tens thisce Nerth 12 doeacce 30 mlmetes West 131A3 feet m m actatmg 9oGerele menuseent Ivptcd in the aoumein. rlghtof--wey line elHmy Street extension in the City otseumpore nuu atones wl it r, 6.;. rigU.Ine, lino efHay Shoes eretomlm line a2 de8reeo Went 120 feat m m iron pipe; auto eonaneiag Meh the eevthom ttghGnf_wq line of Bq Street asstemion sopu. g2 dasraca we.t to sae m a inn QQ ne: tens aaaae lemvmgnq soma axfm.ien seem e dogrooa Hoer 69.1 facttommironpipe:e rat53.North 82 am irn. bast l2Lbetto an Ironpipe-. rum ih so i South a conemin E. mimume Bee[ to un met ee ,m iron Mee nano Ommce Soutlt 23 da,ree Srtem-22 toeoeode Etter102.5t fiaei se LLm eth. odgoor efloatingdoor:tttm0taoe Soum 7de is 32 mimatw 35tietanEup t49 sent bthoal.a.mel ofthe Tnmmoomavi Waterway. ruin meneowl0a the ehovnelaf0ta ino-mooetol Wnteewrym c+c; aWevice{en metroptmeovnd point Hmry.RLS.A red Nevcmtob�11985�urvq fvr WmMf.�lgi/,f✓Neheuu Qo..Sm.tryRol,ortB. �WUn2J�O0 O neghuavgm aexng,vgi& in lem6imesheerorth®t,teca IS alimfH4yetmaem C'b.76Mtpert. which m[A ba87tmin¢po(me fansion tNotchSet— ye u IS minvaac 4i ..'era V. a .23 feet 6cm time IIazla rive, nnrehanmehentr2wee-or my o[Bq Sorest o wjv dlhmevfevm right-of-ese of Yacldeere Heain drive; 0 se avid point 106.9 &or t an mince weds i eleota Iinr [once xetmlt 12 dn&iKeso einutp 00 aeeen0Wpt.00mfeetmmnmr,17.1 exinda, pecpipe;i xItls,i—n pia;hair Iinrre South 12st 77dcgeo 30mites 000aarapdeast 11.19SatW maafaehmg Itax pipe; rune p.a Somh 12 cleaners te[ 15 animates 00 fl mdei Httet 121.19 4<et m an otMmg frnn pipeany St a et Score 82r_e18eerBq Sumemerum[Lace wllh doer oa plane point a or any Scent South ., degrees5. ra,. nr4toeoondnWaat 170.78Toot afro place andpelntofbaginningmud being n.445 vczo vier aapot aurvgbyRobeat B. M.cHomy. Sr. fbrSolmHorbeedvtM Ocwbcr2l, 1993. RfdYt "U. TRACTFiVE; BBCINNRVGmanerlstingltonpi yl. d gspttm�g 0. utlslo�r.4ted North 12 degrees 30 minutes 00 eaondeWfst l2 �st1a4.',tingironpipolnfialloxfiemltightofwayof Bay Street, City of SouthF Is lo�atedNorth 82 degrees 00 minutes 00 Second, east 247.01 fea from 0m inttasentien cftlle NwOl Right of Way ofBay Stmet and the Eastern Right Of Way Of yacht Basin Drive: ltom said beginning point North 12 degrees 30 mirvtes 00 seeends Went 80 feet to ern existing two p1pa, woo theses South 77 degrees 30 minutes 00 second, West 115.25 fat m an oxisting iron pipe; tans thoneie South 12 degrees 30 ndnateS 00 acondaBatt 80 feet to an existiug bee pipe-, pass theaeeNorth W degrees 30 intru en 00soconds East 11525 feet Is the point and piano ofbogimdng being 20 acres mom or has and being that parcel identified as Cope FeaTfading Gimrp 09 on that ecrny P601awd m for Cape FeTrading Group dated November 9, 20055, god obpar�g � _- . Vpp o obp 5n§@@ 0.a@t RECEIVED DCM WILMINGTON, NC JUN 18 Z015 I -V� MAJOR PERMIT FEE SCHEDULE Yacht & Bay / $400 / Brunswick County DCM % DWQ % Development Te 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, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 1 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be 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 DENR CAMA Daily Check Log for WIRO Date I Deposi Check Check Received ted Check From (Name) Name of Permit Holder Vendor Number amount Permit NumberlCommerits Refund/Reallocate 5/28/2015 5128/15Beverly M. Naylor_ _ Larry Naylor NC State Em_ployees'_Cred_ it Unio _ 2073 $100.00!minor fee, SC 15-14, OnCo. 5128Y2015 6/1/15 Carolina Marine Dredging Inc Ricky Hancock First Bank 1094 $200.06 GP 64652D _ _ 5/28/2015 611/15 Larry Rice construction_ Rixiardi BB &T _ �_ _ 2243 $100.00 minor fee, NTB 15-16. Pni _ _ _ 5129/20151 6/1/15 Forest by me Sea HOA Inc same B of A 10676 $100.00 renewal fee, MP 160-02 _ _ _ 5/29/2015 6/1115 Mark Armstrong same Wells Fargo Bank 1070 $100.00 renewal fee, MP 53-11 _ _ _ 5/29/2015 6AH 5 Allied Marine Contractors, LLC EPC Holdings 846 LLC B of A 2005 $400.00 GP 65149D C$200 _ _ _ _ James McGhee GP 63278D @$200 - _ 5/29Y2015 6A/15 Thad N. and Erin M Cable same State Employees' Credit Unio 2937 $200,00 GP 63279D _ _NC 5/29/2015 6/1/15 Senter Home Builders Neil and Heather Senter Wells Fargo Bank 1471 $200.00 GP 64632D - 6/1/2016 6/3/15 Waters Edge HOA, Inc. !same IPark Sterling Bank 1536 majorfee, Hampstead, PnCo _ _$400.00 8/12015 6/3/15 NOMem Rive root Marina and Hotel, LLLP_ City Marina of Wilmington, LLC IPNC Bank 3857 $100,00 mod fee, MP 44-07 _ _ _ _ 6/1/2015 613/15 City of Wlm1 glop same B Of A 319610 $100.00 renewal fee, MP 10 12 _ _ _ _ _ _ _ _ 6/1/2015 6/5115 High Tides I Inc and Susan Sides {JjB of A 1903 $100.00 minor fee, Y8 Osprey, NTB O_ns.co _ _ _ _Johnny _ _ _ _ _ _ _ _ 8/2/2015' 6/3/15'Inlet Walsh acht Club, Inc same BB &T 15636 $100.00-renewal fee, MP 1206 BI2/2015 Allied Mari a Contractors, LLC Kevin Finger B of A 2036 $200.00 retu tractor per Jason Dail 6/3/2015 6/3/15 �AIton L. a Sherry D. Jenkins_ B_ of A 1395 $200.00 64661 D @ 00 _ _ _'same _ _ _ _ _ _ 6W015' 6/3/151AIton L. a d Sherry D. Jenkins 'same B Of A 1396 $40 see above ent 6/3/2015 Chaves . Riggs & Associates Inc Richa and Linda Baker First Citizens Bank 14048 0,00 major mod fee, P 84-13 returned per Jason 6/4/2015 6/5/15 James .and Donna M. Jones 'sa PNC Bank 1911_ 1 $200,00 GP 64654D _ 614/2015' 6/5/15 Pullen lace Townhouses Condominium _ me/Keny Avant _ First Bank _ 12 $200,00 transfer & ren all MP 56-09 _ 6/4/2015 6/5/15.Coas Marine Piers Bulkheads LLC Illiam Creasy Wells Fargo Bank 421 $400.00-GP 64665E $200 -GP _ ---Xn - -Gasser --_-! 64666D $200 _ _ 6/4/2015 6/5/15 'Ova MarinsWction Iro. Kane SunTrust 446e - $200.00 GP 64660E _John _ _ 6/4/2015 6/9115 Bea 8 Assad_ Sea Mist Camping Revert, no. BB &T 4824 _ $150.00 acid!. $150 f major mod fee, 182-09 _ _ 6/5/20151 6!9/15 We P. Hunter,_ same Wells Fargo Bank 7596 $200.00 GP for 18/5/2015 _ 6/9/15'TI oastal Servnc Woolen Holding Co. Inc./ ampstead Marina'Corning Federal Cred Union 629 $100.00 renewal MP 52-09 __ 6/8/2015' 619n 5 S 1 EngneeriCons Brunswicklown, Ft. Ande n Wells Fargo Bank_ 20190 E400.00 major fee, ucoderson 6/9l2015 6115/15L d Managemup, Inc Bailey antl Associates First Bank 45250 $400.00 major fee, ummerRestRd,NHCo 6n0l201i 5/15F rid S Marineactors In 'Steve Lilly PNC Bank 4550 $250.00 major tee, 12 Waynidc, WB, NHCo 6/11/2015 6/15/15 ill Clarence Rson/Ri ardson Constructio Marijon Clarke BB &T 6030:200.0.6/11/2015 6/15/15 oney order fodon 'mes Monson Rivenbark Wells Fargo Ban 9146/11/2015 6/15/15 minor! ConstruIn Milton & Dawn Hardin B of A _ 3683 $400.00 GP 661606/12/20151 __ _ 6/15/15 is Better Built I_ Robert and Julie Blake First Bank _ __ 3757 $200.00 GP 64635D rice Cerunswidc Greta Lynn Wootl BB &T 10372 E400.00 GP 64836E �$200 -._ - _ -__ tee GP 64637D(1$$200 _ _ 6/12/2015 6/15/15 Holden Dock& Ikheads Larry Moms C Com Bank 2113, $200.00' GP 64634D __ _ _ _ 6/12/2015 6/15/15 Holden Dods Bulkheads Gary Holbrook resCom Bank 2114, $200.00 GP 64633D _ _ _ _ _ 6/12/20156115/15 Davie Ho LLC Mark Cavanaugh First Citizens Bank 1260' $600.00 GP 65161D fV1Z7015 6/15/15 Land Ma gement Group, Inc Coastal NC Real Estate LLC First Bank 45546 $10000, renewal fee, MP 103-08 6/12/2016 6/15/15 Vafla,4. Nester Dallas Nester (transfer MP from Ronnie Hunt Capital Bank 4975 1 $200.00 transfer and renewal fee. MP 47-07 e112/ 0016 Bit 5/15 C arles Riggs & Associates Inc Olen Watson First Citizens Bank 14055 $100.00 minor fee, 203 Tamarix Ct, NTB, Ons . 6/12/2015 6/15/15 Chaves Riggs & Associates Inc Michael McKay First Citizens Bank 14056 $100.00 minorfee, Nev; River Inlet Rd, NTB, On -major _ e/12/2015 6116/15 Raymond A. Hams, Jr OIB ABC, LLC/James Myers III First Bank _ 1726 $400 00 fee, 59 Causeway Dr. OIB, BrCo 6/15/2015 6/16/15 ANA Builders, Inc TD Bank 7269 $100.00 minor fee, 207 Seashore Dr., NTB 6/15/2015 6/16/15 6116/15 The Landing at Snows Cut BOA same First Bank 30020878 _ $100.00 renewal fee, MP 88-07 E100.00 transfer fee, MP 68-07 do dated 3/23115 $100.00 mod fee, MP 100.14 6/15/2015 The Landing at Snows Cut BOA same First Bank 30012620 6/15/2015 6/1 Oil 1 Land Management Group, Inc Aqua Vista Farms, LLC First Bank 45566 6/15/2015 6116115 1 LTR Properties LLC bert Hucka_bee NewBridge Bank 163 $200.00 GP 64673E 015 8/18/15 James Clyde McPherson a BB &T 4929 $200.00 GP 64677E 15 6/18/15 Charles Riggs & Associates Inc rks Family Leasing, LLC First Citizens Bank 14062 $100.00 minor fee, Ocean Blvd, T8, PNCo 15 6118/15'1 Charles Riggs & Associates Inc LCarolina American Properties First Citizens Bank 14063 $400.00 major fee, 206 Singleton St, Sneads Ferry, One r611 0 6/18/15 Carolina Coast Contracting, Corp. o 'c ura Schanberg B of A 6800 $100.00 minor fee, 605 Maritime Way, TB, PnCo TO Bank &M9 $100.00 minor fee, tract 2B Dorothy B. Sox Dr., SC, PnCo 01 6/ 8/15' RSC Engineering, PLLC Sheldon W0litski / _015 8/iSBarty Hurst Inc. Gerald Hurst PNC Bank 1535 $200.00 GP 85185E 015 /15 Cavie Homes LLC - Charles Kozel First Citizens Bank 1254 $200.00 GP 65163D 6/18/2015 1F and S Marine Contractors Inc. _ Gregory Stadermann _ - PNC Bank 4586 $250.00 major fee, 422 Causeway Dr. WB, NHCo 6118/ 1'60 Land Management Group, Inc lYacht and Bay Holdings, LLC First Bank _ 45668 $400.00 major fee, 319 West Bay St Southport, BrCo \ NA \ 3� c �1 m \ West Bay St. \ o West Bay St. — \ Subject Parcel: 319 West Bay Street Adjacent to East: Yacht & Bay Yacht Basin Holdings, LLC Holdings 11, LLC \ 75' Coastal \ Adjacent to West: Shoreline A Southport Waterfront Properties 30' Coastal horeline Buffer i 404 Wetlands/ Coastal Marsh i -� �'" •- NHW Remnants of i $ `. Former Pier Waterbery Width - 1,340 R to Battery Island m C �7 1 Ex. Pilings .4 1 Iww A Structure - (Remnants of g 4 hack Former Structure) l _ -�� Ch nnel Edge AIVVW Chan Edge SZWcture�tbyck Cape Fear River (Southport Restricted Area) Legend Property Lines- GIS parcel data Joint 404 Wetland/ Coastal Marsh Normal High Water�+- 30' Coastal Shoreline Buffer 75' Coastal Shoreline AEC Edge AIWW Channel — t7 Structure Setback AI W W — - - — �c m Riparian Corridor - -' - - z r_ l� 'S rC— m 0 zm N m o t H m Proje Date: Revision Date: O m CA 0 LMG a319 West Bay Street, Southport 5/12/2015 6/2312015 Yacht & Bay Holdings LLC scale: oNumber: For CAMA PermittingOnly. `-11...' W `-."-a 1" = eo' 02-15-036 Y• Title: NOt f�i/r COOSfNCtIOn. 3805 Existing Conditions Drawn By: Sheet: 9 None Comfinuitel5 Wilmington• Norm Wroline 2l 3 of 5 Telephone' 970-052-0001 No upland development proposed. D 75' Coastal Shoreline AEC 30' Coastal Shoreline Buffer / / • JNi1 1 5 404 Wetlands/ �.�'� // Coastal Marsh / - - NHW 0 I / Gazebo .-. Ex. Pilings (Remnants of Former Structure) I - � ' • - - -� / r o Floating dock, 46 linear feet transient dockage & /Igr 21 _AIWW Str— n �I ! 4�/ / / �a Setback I ITT I _ =AtW=ture Setback I I I I ck— I _ Depths relative to MLW. Legend Property Lines- GIS parcel data Joint 404 Wetland/ Coastal Marsh Normal High Water—HW— HW- 30'Coastal Shoreline Buffer - — - 75' Coastal Shoreline AEC - - - - - Edge AIWW Channel — Structure Setback AIWW — - - 0 Riparian Corridor Limit and Setback - - - - Z E M 0 15 30 60 r Z m Project: Date: Revision Date: 319 West Bay Street, Southport 5/12/2015 6/2312015 LMHG' o � RC7 TGRO"" Yacht & Bay Holdings LLC scale: o Number: V+Ndr onstruction. - `"""°" `"°"°"'""°"" 1"=30' 02-15-036 Title: For CAMAPermittingOnly. 3805WrightsvilleAve.,Suitel5 Proposed Drawn By: sheet: - p n Wilmington, North Carolina28403 4of5 Telephone: 910A52-OMI A• Floating Gazebo 40' x 20' (height per contractor) Railing Cross Section A Proposed Structures Approx. NHW f` i -Proposed Access Pier 30' Coastal 404 Wetland %—Buffer Limit Line ✓ 404 Wetland Line 75' AEC Limit A z ---=+== o Owm... Ex Piling spacing and depth per contractor t.. — rno t$ia }� rio rho'-�..�: Minimum Height Above Wetlan Surface to be 3' - Not for construction. For NC CAMA Permitting Only. --"-- ""- LMG LANDMANAO IDCSDROUPmu Envhonmenml Comubonrs 3805 gtor, North Cve., nude 15 wlimine�oo, North cerdine 28403 Project: 319 West Bay Street, Southport Yacht 8 Bay Holdings LLC tle: --- - -- - Typical Cross Section RECEIVED DCM WILMINGTON, NC D IVED SUN 2fW JUL 2 U 20b /.Mi4a.Yy1'1 V b:NM D Date: Revision Date: 5n212015 6125/2015 Scale: Job Number: 1 ' = 15' 02-15-036 Drawn By Sheet: LMG 5 or5 West Bay St. Subject Parcel: 319 West Bay Street Yacht & Bay Holdings, LLC \ ` Adjacent to West: Southport Waterfront Properties T 0 74 (D T Adjacent to East. Yacht Basin Holdings ll, LLC 75' Coastal Shoreline A 30' Cc West BaY St. j Buffer 404 Wetlands/ Coastal Marsh NHW "i Remnants of � Former Pier Watarbody Width 1,340 ft to Battery Island Ex. Pilings ----,AIWW Structure Setback (Remnants of ,y Former Structure) rn �r7 - e�Yly ChdEdge �AIWW Cha—Edge SlWcturEck_ Cape Fear River _ (Southport Restricted Area) Legend Property Lines- GIS parcel data Joint 404 Wetland/ Coastal Marsh Normal High Water — Hw— M- 30' Coastal Shoreline Buffer 75' Coastal Shoreline AEC Edge AIWW Channel — — — O 0 Structure Setback AIWW mRiparian Corridor z 2 M7 T z a 0 zm mN C co < O m Proje Date: West Bay Street, Southport 5l12/2015 Revision Date: r = ? LMG1g Yacht & Bay Holdings LLC 6/23I2015 uxsa a cu sx uson. Scale: o um r: ForNC CAMA Permitting Only. "°" `"'°"°"'°"°"" Title: 1"= 80' 02-15-036 Not%r construction. 3805 Wrightsville Ave., Suse 15 Wilmington, Existinrr��Conditions Drawn By: Shaer: North Carolina 26103 .7 3 Of 5 Telephone: 910452-=l No upland development proposed. 404 Wetlands/ / Coastal Marsh i — Ex. Pilings (Remnants of -- Former structure) I -=6—'( a� •.L�' i _AIWW Struct I 41 Setback I : I I � — I Legend Property Lines- GIS parcel data Joint 404 Wetland/ Coastal Marsh Normal High Water — NW — NW — 30' Coastal Shoreline Buffer 75' Coastal Shoreline AEC Edge AIWW Channel Structure Setback AIWW 0 0 Riparian Corridor Limit and Setback Z �m r Zm m N < T v+N� onstruction. ; o F r Z CAMA Permitting OnI LMG LANDMANAGEMLXT GLGVL w.. Errrrronm.nlal Contulbrr 11 3B05 Wrightsville Ave., Suite 15 Nilmington, North Carolina 2W3 Telephone910452-0001 �/Zz - 75' Coastal Shoreline AEC 30' Coastal Shoreline Buffer Milo►'u` Gazebo / Floating dock, 46 linear feet 1 _ transient dockage r-15'--I y 3 I b r 1� I— AStru IWW I �ureSetback Depths relative to MLW. 19 West Bay Street, Southport Yacht & Bay Holdings LLC Proposed Dock 5/12/2015 1 6/23/2015 1r' = 30' 1 02-15-036 4 of Gazebo 40' x 20' (height per contractor) 3 i Floating Dock mio a•w _._ Ex. Not for construction. For NC CAMA Permitting Only. Cross Section A Proposed Structures ng Proposed Access Pier NHW 30' Coastal 404 Wetland 404 Wetland Buffer Limit LineLine __ _ 75' AEC Limit 1 12. 10. LMG LAID MANAGEMENT GROUP — Environmemal Consullanri 105 Wrightsville Ava. Suite 15 imirgton, North Carding 2W3 319 VNRat Rav Strppt Sni thnnrf Typical Cross Section RECEIVED DCM WILMINGTON, NC JUN 2 5 201g,ECE1vec JUN 2 9 2015 �-ram Ru-4Nn!= F IW Date: Revision Date: 5/12/2015 6125/2015 Scale: Job Number. V = 15' 02-15-036 Drawn By: Sheet: LMG 5 of 5