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HomeMy WebLinkAbout93-22 Avila Yacht Basin Owners AssoicationPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V e r m t for X . Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 93-22 Issued to Avila Yacht Basin Owners Association, 1144 Avila Avenue, Hampstead, NC 28443 Authorizing development in Pender County at adi. to AIWW at 986 Avila Avenue. Hampstead , as requested in the permittee's application dated 4/28/22 (MP- 1, MP-4), including work plan drawings (7) Sheets 1, 3-7 of 7, dated 4/25/22 and Sheet 2 of 7, dated 11/4/21. This permit, issued on September 7, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation Di tnese terms may oe subject to lines, imprisonment or ctvu action; or may cause me permit to oe non anu votc. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other 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) This permit does not authorize any new formalized boat slips. The docking facility is authorized for no more than 10 formalized boat slips. (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 September 7, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee -:t- N Avila Yacht Basin Owners Association Permit No. 93-22 Page 2 of 3 ADDITIONAL CONDITIONS 3) No portion of the authorized docking facility, including tie piles, shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. 4) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. 5) 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 minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 8) This permit authorizes a maximum of ten boat slips. Furthermore, no cleats, tie piles or other formal mooring structures shall be constructed on the proposed floating dock or on any portion of the docking facility outside of the area(s) indicated on the attached workplan drawings. Any additional vessel or mooring structures that would increase the number of formalized boat slips without permit modification shall be considered a violation of this permit. 9) In order to protect juvenile shrimp and finfish populations, no in -water work shall be permitted between April I and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. Sedimentation and Erosion Control 10) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 12) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 13) All construction debris associated with the removal or construction of the permitted docking facilities shall be contained within the authorized project area and disposed of in an approved upland location. 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Avila Yacht Basin Owners Association Permit No. 93-22 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5088 and assigned the project DWR Project No. 2022-0754. 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 mean high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. DCM Coordinator: Ln _ Permit #: 9 3 - MAILING DISTRIBUTION SHEET Permittee:_ A-Ak Nae6k Qww, ,y1 gA6 A gk , NC I6g93 Agents: Ijy p DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington ,, j�,, (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger — 401 TBD - 401 Clif Whitfield (WARD) Jimmy Harrison Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Pender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: Application Review Checklist Letter A J! 5 ! 71 Placard Con; t 6 � r Applicant qq ��11 �/ � A-6 D� 1f/,r�t� r?�SfV. �i,.Marr Aifa '> j-Pub A 10 b Comment (p 2} Agent 1 `' � �, T>KA-f� Computer I A Deficiency Letter? D AC�K Date 2 DWR Statements Physical Address nn -, /�R 1 J * A-,, /"S'Vt'/1't..L rlGi'Wp1" ' \ , ni(, Field Rep. 1 AECs /' 1 �1�6 tJ Habitat C /"fit �/�I ` 1 A� Development Designations IY LN �-1 `MW� Buffer Riparian Notification? Green Card? jigned Form? Obj Waive 15' Fee Schedule t4co Water Dependent rfh,L�� �ns Deed? Raparian rights P From Property line 1/4 widt Nav/Channel Proximity Residential Commercial FT' calculations 8ft'or 27ft' N/A ISSUES OF NOTE E*4� e�C3hv� 1� V — 016 � ,,, d- 1; Z4, ,�� . (q°'bo '6 ct, )0 5Iiej to) 2 ,� )o �lillo-& _W06kyt, (My a < ca�-Ilrllv 3r— —LA -5' 'JLW 6' xzot v� Major Development Excavation/Fill Applicant Address County Physical Location including Waterbody Description MP Forms Dates Drawings # Drawings & Dates Development Types Including Conditions and Notes DWR 401 Certification # Permit Fee Permit Checklist Permit # M131 MP2 I MP3 I MP4 MPS USACE SAW # Additional Comments On Back 6 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Avila Yacill Basin Owners Association COUNTY: Pender PROJECT NAME: 986Avi1a Avenue LOCATION OF PROJECT: 986Avila Avenue, adj. to t1reA1WWinHampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-25-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60/40)# )kV1?- APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 6-6-22 END OF NOTICE DATE: 6-27-22 ADJ. RIP. PROP NOTICES REC'D: _ DEED REC'D: Yes C) 75 DAY DEADLINE: 8-8-22 150 DAY DEADLINE: MAIL OUT DATE: 6-1-22 PERMIT FINAL ACTION: ISSUE DENY STATE DUE DATE: 6-27-22 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM-Field Rept 1 no DCM - LUP Consistency Determination 2 Local Permit Officer b Corps of Engineers- Regulatory Branch N �P-Prj I S8W-7ab2 -Oj253 I DWR-401 Section DWR-Public Water Supply 6 g DEMLR - Stormwater DEMLR- Sedand Erosion DOA - State Property Office 6 a p- j1U0\ wft _ .__.A. Wildlife Resources Commission RLD v�^�DMF-Shellfish Section DMF - Habitat& Enhancement o tA1t1rIn10itti11 DNCR -Archives &History DNCR -Natural Heritage Program NCDOT NC Dept of Commerce DCM Coordinator: Cam Luck WIKU L--MAIL UTA I KID Circle e: Bio Rep rt ermitfor:�'N` aGV`4 Oversize County: 1 '�v'�y) Permit #: '/ DCM Offices: Morehead City: PT (if oversize) via Courier •1 Cam & Amanda on group email wl io.narnapp.drawings, deed, comment sheet *MHC documents (Cam & Amanda) _ Wilmington: Original hard -copy_ ONLY USACE & DWR (wlro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization G. USACE Wilmington: v i Hair (Pender & Carteret Co): PN, CL, Reports, Split Sheet — use both " ""mingtonNCREG@usace.army.mil (NHIBR): PN, CL, Reports, Split Sheet_ y(NHiBR: PN, CL, Reports, Split Sheet_ Div of Water Resources: (BR/NH): PN, CL, Reports, Split Sheet d�'401 olley Snider - 401 (PN/ON): PN, CL, Reports, Split Sheet Div of Water Resources: ,/Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet_ --------- -------- —------ -------------- - - -------------------- ---- —------ — ----- ------------ ------ ------ ----- ✓Kim Harding Marine Fisheries: DCM Planner/WIRO: `Mike Christenbury _ Cultural Resources: . <enee Gledhill -Earley Environmental.Review0ncdenraov_ Natural Heritage Frog. Rodney Butler_ DCA-Rural Eco. Dev:4ark ziegler David Harris NC DOT: _ Wildlife Resources: aa'ria Dunn w/Reports _ State Property Office: %1 Walton: DEED_ .^ke Moser Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: /anda .de,¢ my Humphrey (Bio) / _ 0; al on Gupton, Admin. _ DEMLR: V �rristine Hall - Stormwater Section _ an Sams - Land Quality Section Public Water Supply: Xeidi Cox _ City of Wilmington: -=PqwP=w— Enforcement: ,Field Rep: Co. LPO Agent: DISTRIBUTED: RECOMMENDATIONS FOR: The proposed facility would provide permanent docking space for up to ten (10) vessels and two (2) transient slips along the AIWW. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b) (6), including the V4 width rule, the eight square foot rule and the pier width rule. The proposed structures would be located entirely over open water. This office has no objection to the proposed work provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include Standard conditions for private docking facilities. Due to the presence of SAV within the project area this office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to SAV. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed so as to avoid significant adverse impacts. Shoreline length = +/-272 ft. x 8 sq. ft = 2,176 sq. ft. allowable. Existing: Existing platform —18' x 20' = 360 sq. ft. Finger piers —1 @ 6' x 160' = 960 sq. ft., 5 @ 4' x 24' = 480 sq. ft. Boatlifts —10 @ 13' x 13' Proposed: Proposed finger piers =1 @ 6' x 166' = 996 sq. ft. and 5 @ 4' x 24' = 480 sq. ft. Access pier —1 @ 6' x 53' = 318 sq. ft. (does not count) Floating Dock —1 @ 6' x 20 =120 sq. ft. (does not count) Boatlifts —10 @ 13' x 13' Total proposed =1,476 sq. ft. Total allowed = 2,176 sq. ft D Q� North Carolina Department of Environmental Quality I Division of Coastal Management wllmington Office 1127 Cardinal Drive Extension I WllWngton, North Carolina 28405 910.796.7215 ROY COOPER Governor EUZABETH S. BISER Secretary BRAXTON DAVIS Director June 1, 2022 NORTH CAROLINA Environmental Quality C.Z.2 bro.al.�7— MEMORANDUM.' FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.l uck22,lNCDEN R.nov SUBJECT: CAMA Applicant: Avila Yacht Basin Owners Association Project Location: 986 Avila Ave., adj. to AIWW in Hampstead, Pender County Proposed Project: The applicant proposes to extend the existing facility approx. 60' waterward of its current location and install a new 6" x 20' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by June 27, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 795-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. '*Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. Sganallashad. Socc hu J srJ This agency objects to the project for reasons described in the attached comments. PRINT NAME LLa;n iJ.�n r, i Sc�icM�attc 30 AGENCY rrCJ RC SIGNATURE i�' DATE (I —7.D-7 m.2 RECEIVED JUN 2 0201[ MP SECTION North Carolina Department of Environmental Quality I Division of CnBManJAI4Wi0ITy Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Luck, Cameron A From: Weaver, Cameron Sent: Friday, June 3, 2022 3:33 PM To: Luck, Cameron A Subject: FW: [External] RE: CAMA Major Application: Avila Yacht Basin Owners Association Believe this should have gone to you. Cameron Weaver Environmental Assistance Coordinator DEACS-DEQ Wilmington Regional Office 127 Cardinal Drive Wilmington NC 28405 Cameron. Weaver@ncdenr.gov Direct: 910-796-7265 DEQ: 910-796-7215 From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Friday, June 3, 2022 3:24 PM To: Snider, Holley <holley.snider@ncdenr.gov>; Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: [External] RE: CAMA Major Application: Avila Yacht Basin Owners Association CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi guys, Hope you are both doing well. We will process this as a GP 291 and assigned the project a new action ID: SAW-2022- 01253. The one referenced in the application does not exist and a search in our database does not have a number associated with this site. Have a great weekend! Liz From: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Sent: Wednesday, June 1, 2022 3:58 PM To: WilmingtonNCREG<Wilmin¢tonNCREG@usace.armv.mil>; Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.HairC@usace.armv.mil>; Snider, Holley <hollev.snider@ncdenr.gov>; Montalvo, Sheri A <sheri. monta lvo@ncdenr.gov> Cc: Luck, Cameron A <Cameron.Luck@ncdenr.eov>; Dail, Jason <iason.dail@ncdenr.eov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.eov> Subject: [URL Verdict: Neutral][Non-DoD Source] CAMA Major Application: Avila Yacht Basin Owners Association Hello All! Please accept this correspondence as the official distribution of CAMA application from Avila Yacht Basin Owners Association for development in Hampstead, Pender County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NO Please complete the bottom portion of the comment sheet with your information and signature. *RETURN TO CAMERON LUCK at cameron.luckna.ncdenr.eov* MEMORANDUM To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination- Avila Yacht Basin Owners Association - Pender County Date: August 12, 2022 Consistency Determination: This project is consistent with the Pender County Comprehensive Land Use Plan Update. The applicant proposes to extend the existing facility approximately 60' waterward of its current location and install a new 6' x 20' floating dock. The project is located at 986 Avila Avenue in Hampstead, Pender County. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection and Conservation. Waters at the project site are classified as SA and are open to the harvesting of shellfish adjacent to the AIWW. The area is partially a Primary Nursery area. Areas of Environmental Concern are EW and PT. Pender County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Pender County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project appears to be consistent with the Pender County Comprehensive Land Use Plan Update. Cc: FILE ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 1, 2022 MEMORANDUM NORTH CAROLINA £nvlronmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron luck(a)NCDENR.00v SUBJECT: CAMA Applicant: Avila Yacht Basin Owners Association Project Location: 986 Avila Ave., adj. to AIINW in Hampstead, Pander County Proposed Project: The applicant proposes to extend the existing facility approx. 60' waterward of its current location and install a new 6' x 20' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by June 27, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE f *+ dt�� o u�.wm.oy� RECEIVED I T T) U L SECnM ow MM CrIlly DATE 6/8/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 26405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 1, 2022 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck )NCDENR.gov SUBJECT: CAMA Applicant: Avila Yacht Basin Owners Association Project Location: 986 Avila Ave., ad). to AIWW in Hampstead, Pender County Proposed Project: The applicant proposes to extend the existing facility approx. 60' waterward of its current location and install a new 6' x 20' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by June 27, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE " 8ao � for Shannon .Ipnk*nc DATE 06/07/2022 RECEIVED ;JUN 4 S 20Zi , MP SECTION t DCM MHD Cm D_EQJ� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 1, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDENR.gov SUBJECT: CAMA Applicant: Avila Yacht Basin Owners Association Project Location: 986 Avila Ave., adj. to AIINW in Hampstead, Pander County Proposed Project: The applicant proposes to extend the existing facility approx. 60' waterward of its current location and install a new 6' x 20' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by June 27, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached. * This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding "in -water -work moratorium 4/1-9/30 AGENCY NCCDMF �// SIGNATURE 1 )44""A4 YY DATE 06/30/22 RECEIVED JUL 012022 MP SECTION o-. 0CMJ WWI CITY � North Carolina Departmentof Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 ee»�;9 ==&" \ 910.796.7215 I' I ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 1, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckANCDEN R.aov SUBJECT: CAMA Applicant: Avila Yacht Basin Owners Association Project Location: 986 Avila Ave., adj. to AIWW in Hampstead, Pender County Proposed Project:, The applicant proposes to extend the existing facility approx. 60' waterward of its current location and install a new 6' x 20' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by June 27, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Wanda Hilliard AGENCY State Property Office SIGNATURE Wa4t6O- RECEIVED DATE June 22.2022 JUN 2 420ZZ MP SECTION DCM MHD Cm _ North Carolna Department of Environmental Quality l Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 Roy Cooper, Governor North Carolina Department of Administration State Property Office June 22, 2022 TO: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@NCDENR.gov FROM: Wanda Hilliard C(' a Ld-&- " Real Property Agent Department of Administration SUBJECT: CAMA / APPLICATION REVIEW Avila Yacht Basin Owners Association Proposed Location: 986 Avila Ave., adj. to AIWW in Hampstead, Pender County Pamela B. Cashwell Secretary Tim Walton Director Proposed Project: The applicant proposes to extend the existing facility approx. 60' waterward of its current location and install a new 6' x 20' floating dock Please confirm that the facilities are not located within the 1000'USACE AI W W easement area. If not, then the State Property Office has no comment on the proposed project. RECEIVED JUN 2 4 ZU22 MP SECTION DCM MHD CITY State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mall Service Ctr. I Raleigh, NC 27699 9842360270 TI Web: http://w .ncspo.com r - i i•' Received: 6/3/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 1,2022 MEMORANDUM NORTH CAROLINA Environmental Quality ER 22-1577 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.l uck(cil NCDENR. Gov SUBJECT: CAMA Applicant: Avila Yacht Basin Owners Association Project Location: 986 Avila Ave., adj. to AIINW in Hampstead, Pender County Due: 6/20/2022 Proposed Project: The applicant proposes to extend the existing facility approx. 60' waterward of its current location and install a new Tx 20' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by June 27, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY SIGNATURE This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Renee Gledhill -Earley Historic Preservation Office DATE June 16, 2022 RECEIVED JUN 2 07 MP SECTION DCM MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DocuSign Envelope ID: 819FA98F-D4CA-4CF1-BO8F-580ODF8E1991 ROY COOPER Gov or ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 19, 2022 D W R #20220754 Pender County Avila Yacht Basin Owner's Association Attn: Cameron Calhoun 1144 Avila Drive Hampstead, NC 28443 Subject: Approval of Individual 401 Water Quality Certification Avila Drive Community Docking Facilty USACE Action ID. No. SAW-2022-01253 Dear Mr. Calhoun: Attached hereto is a copy of Certification No. WQC005088 issued to Cameron Calhoun and Avila Yacht Basin Owners Association, dated August 19, 2022. 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 this Water Quality 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. Please understand that the waters around your project area have been identified as a Nursery Area and requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B .0222 which requires that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Q�� North Carolina Department of Environmental Quality I Division of Water Resources DE 127 Cardinal Drive Ext. I Wilmington, North Carolink 28405 910.796.7215 DocuSign Envelope ID: 819FA98F-D4CA-4CFI-BOBF-580ODFBE1991 Avila Yacht Bason Owners Association D W R# 20220754 Individual Certification #WQC005088 Page 2 of 12 Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7303 or hollev.snider@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: E-171`141E73136F3456... Morella Sanchez -King for North Carolina Department of Environmental Quality I Division of Water Resources D E Q2512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 � 919.707.9000 uwrmmama...eaimru DocuSign Envelope ID: 819FA98F-D4CA-4CFI-BOBF-580ODF8E7991 Avila Yacht Bason Owners Association D W R# 20220754 Individual Certification #WQC005088 Page 3 of 12 Regional Operations Supervisor Electronic cc: Andy Dortch, Davey Resource Group Greg Currey, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename: 20220754_Avila Yacht Bason CIA_ IWQC_PendCo_Aug.22.doc North Carolina Department of Environmental Quality I Division of Water Resources D 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 oeo.mvnme�.a.muimm DocuSign Envelope ID: 819FA98F-D4CA-4CF1 -B08F-5800DF8E1 991 Avila Yacht Bason Owners Association D W R# 20220754 Individual Certification #WQC005088 Page 4 of 12 NORTH CAROLINA401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005088 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Cameron Calhoun and the Avila Yacht Basin Owners Association, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on June 1, 2022, and by Public Notice issued by the Division of Coastal Management on June 6, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved Plan Location or (units) Permanent (units) Temporary Reference Open Waters 10-slip Community 0.04 acres (1,914 square N/A Project narrative and Docking Facility feet) sheets 1 thru 7 dated Shading Impacts April 25, 2022 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [35A NCAC 02H .0507(c)]: 1. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. North Carolina Department of Environinental Quality I Division of Water Resources ®E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 uwn�ewaMa�niow� /"� DocuSign Envelope ID: 819FA98F-D4CA-4GFI-BOBF-580ODF8E1991 Avila Yacht Bason Owners Association D W R# 20220754 Individual Certification #WQC005088 Page 5 of 12 2. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 028.0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. All wetlands impacted by the placement of temporary construction equipment, materials and/or clearing activities shall be restored to the preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species including woody species. Citation: 15A NCAC 02H .0506(b)(2) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 4. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0505; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. North Carolina Department of Environmental Quality I Division of Water Resources ®E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DFBE1991 Avila Yacht Bason Owners Association D W RA 20220754 Individual Certification #WQC005088 Page 6 of 12 6. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures'shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200,,15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 7. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any North Carolina Department of Environmental Quality I Division of Water Resources D_E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 819FA98F-D4CA-4CF1-308F-5800DF8E1991 Avila Yacht Bason Owners Association D W R# 20220754 Individual Certification #WQC005088 Page 7 of 12 silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200,,15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU,• if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 9. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or Ole North Carolina Department of Environmental Quality I Division of Water Resources ���,,rrq ®� �29 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 �/ o<wnnen irmau.waimn� 919.707.9000 DocuSign Envelope ID: 819FA98F-D4GA-4CF1-BOBF-580ODF8E1991 Avila Yacht Bason Owners Association DWR# 20220754 Individual Certification #WQC005088 Page 8 of 12 adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20%of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. North Carolina Department of Environmental Quality I Division of Water Resources Ncn ®� ��� 512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617 anw.noreM.....,mime� 919.707.9000 DocuSign Envelope ID: 819FA98F-D4CA-4CF1-608F-5800DF8E1991 Avila Yacht Eason Owners Association DWR# 20220754 Individual Certification #WQC005088 Page 9 of 12 The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 11. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: ISA 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(I) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 0211.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 01B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each North Carolina Department of Environmental Quality I Division of Water Resources ®� ��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ��nmexn.o�mimro� 919.707.9000 DocuSign Envelope ID: 819FA98F-D4CA-4CF1-BOBF-580ODF8E1991 Avila Yacht Eason Owners Association DW R# 20220754 Individual Certification #WQC005088 Page 10 of 12 stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 14. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for instate rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 15. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants: Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 16. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required forvelocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0261 rollNorth Carolina Department of Environmental Quality I Division of Water Resources ®� �2512 North Salisbury Street l 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 tiarorc. xnu 919.707.9000 - v .n.urmu®omime� /'� DocuSign Envelope ID: 819FA98F-04CA-4CF1-BOBF-5800DF8E1991 Avila Yacht Bason Owners Association D W R# 20220754 Individual Certification #WQ0005088 Page 11 of 12 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for instate rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts: 17. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200,,15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 19. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c), N.C. G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality North Carolina Department of Environmental Quality I Division of Water Resources lf�®E 1�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ""v"' 919.707.9000 hpvMRN4MavvW Onld� DocuSign Envelope ID: 819FA98F-D4CA-4CF1-B08F-5800DFBE1991 Avila Yacht Bason Owners Association D W R# 20220754 Individual Certification #WQ0005088 Page 12 of 12 standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, • wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 20. The 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. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for instate rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 21. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification 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 Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. 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 LAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 19th day of August 2022 CDWUSigned by: Tgre `R6o4riMtoti 7F141E73BBF345B... for Morelia Sanchez -King Regional Operations Supervisor MSK/hs North Carolina Department of Environmental Quality I Division of Water Resources ®� �2� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707,9000 ¢wnoim iun.memio�m� /� DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Avila Yacht Basin Owners Association 2. LOCATION OF PROJECT SITE: Site is located at 986 Avila Avenue, Hampstead, NC State Plane Coordinates - Lat: 34022'37.14"N Long: 77138'51.37"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Application received complete by DCM: 5/25/22, DWR pre -file date was 4/25/2022. SITE DESCRIPTION: (A) Local Land Use Plan- Pender County Land Classification From LUP - Res., Resource Protection and Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing- Septic Planned- N/A (F) Type of Structures: Existing- Single family residences and 10-slip community docking facility Planned- Dock extension and floating dock installation. (G) Estimated Annual Rate of Erosion: N/A 6. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (§404) (B) Non -Vegetated Wetlands (Open Water) *Subject area noted as 1,914 sq. ft. Submerged Aqautic Vegetation (SAV) (incorporated) habitat (C) Other - Highground disturbance ��� (D) Total Area Disturbed: 1,914 sq. ft, (0.04 acres) (E) Primary Nursery Area: Yes (partially) (F) Water Classification: SA Open: Yes (adjacent AIWW) PROJECT SUMMARY: The applicant proposes to extend the existing facility approximately 60' waterward of its current location and install a new 6' 20' floating dock. RECEIVED JUN 0 6 2022 DCM-MHD CITY D Q� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.7%.7215 Avila Yacht Basin Owners Association Page 2 8. PROJECT DESCRIPTION The project site is located at the terminal end of Avila Avenue, adjacent to the AIW W, in Hampstead, Pender County. To access the site from Wilmington, take US Hwy 17 north toward Jacksonville, NC. From NC Highway 17 (in Hampstead), turn right onto Country Club and travel approximately 1.6 miles. Turn right onto Avila Avenue and the docking facility will be located at the terminal end of the road. The Avila subdivision and existing docking facility were initially approved under CAMA Major development permit No. 30-98 on March 5,1998. The original permit included construction of a 10-slip docking facility and bulkhead. At the time, the project was authorized under the following permits/authorizations: - NC State Stormwater - SW8970636 - US Army Corp of Engineers AID-1996800094 - DWQ project No. 970910 The Avila subdivision, and associated docking facility, has remained largely unchanged since issuance of the original CAMA permit However, the facility has been maintained and rebuilt since initial construction, with the most recent development activity occurring in January 2020 when several boatlifts and finger piers were replaced. This activity was authorized under CAMA general permit No. 74627. Black Needlerush Uuncus roemerianus), Spikegrass (Distichlis spicata), Sea Oxeye (Borrichia frutescens), Groundsel bush (Baccharus halimifolia), Salt Meadow Hay (Spartina patens), Marsh Elder (/va frutescens) and Wax Myrtle (Myrica cerifera) line the shoreline on the eastern side of the existing bulkhead and these species give way to Smooth Marsh Cordgrass (Spartina a►terniflora) near the transection of normal high water. As mentioned, an existing pier and docking facility extend from the bulkhead, east toward the AIW W. The existing pier is approximately 6' in width x 370' in length and terminates into an 18' x 20' covered platform. A 6' wide x 160' finger extends south from the terminal end of the existing gazebo, and the finger pier provides access to five (5) - 4' x 24' finger piers that extend out toward the AIW W. The existing finger piers provide access to ten (10) -13' x 13' boadifts that run along the outer edge of the docking facility. The waters of the AIW W adjacent to the project site are classified as SA by the North Carolina Division of Water Quality. They are designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. Pender County's Land Use Plan (LUP) classifies the upland areas as limited transition and all other areas as Conservation; however, the Land Use Plan includes all Areas of Environmental Concern (AEC) as well as the 404 wetlands in the Conservation class. RECEIVED JUN 0 6 2022 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 Avila Yacht Basin Owners Association Page 3 It should be noted there are scattered beds of Submerged Aquatic Vegetation (SAV) throughout the vicinity of the project and the area surrounding the existing docking facility has been identified as SAV "habitat'. Additionally, several of the site plan drawings depict SAV beneath a portion of the existing docking facility. 1, PROPOSED PROJECT The applicant is proposing to extend the existing facility approximately 60' waterward of its current location and install a new 6' 20' floating dock. As designed, the configuration of the existing facility would remain very consistent with the existing layout, with exception of the southern terminus, and the implementation of the proposed floating dock. According to historical imagery and documentation, shoaling along the AIW W has caused a partial loss of use at the facility during periods of low tide, and to combat that, the applicant has proposed to extend the existing facility approximately 60' waterward of its current location. As described, the existing access pier and gazebo would remain in place, and the old finger piers and boatlifts would be demolished. In response, a new 6' x 53' access pier would be installed, and it would extend southeast from the existing gazebo. This finger pier would provide access to a new 6' x 20' floating dock that would be installed in the same alignment as the access pier extension, along the southeastern side of new 6' x 166' long finger pier, which would begin at the terminal end of the access pier. Five, 4' x 24' fixed finger piers would extend along, and perpendicular to the 166' long finger pier. These five finger piers would provide access to ten (10),13' x 13' boatlifts. Based on the site plan, the proposed facility would be in waters that are approximately -3.2' to -4.5' deep, at normal low water (NLW), and would be located just inside of the 1/4 width waterbody limitation and outside of the USACE federal channel setback. On paper, the docking facility is shown to accommodate ten (10) boatlifts, plus two potential "transient' slips (incorporation of proposed 6' x 20' floating dock). When combined, the current layout has the ability to provide overnight and long-term dockage of up to twelve (12) vessels. However, the Shellfish Sanitation Section has communicated with the applicant and has determined that the proposed project would not create a shellfish closure, provided the "wet slips" were used as transient and not permanent slips. 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 1,914 sq. ft. of Estuarine Waters and Pubic Trust Area. The finger piers and boatlifts would remain consistent with similar pier length requirements (established pier -head line) and would be located outside of the adjacent channel, and riparian corridor setback(s). Because water depths surrounding the existing docking facility are shallow, and encompassed by SAV, the relocation pRftE!NM only beneficial to the applicant, but also the resource(s). 'JUN 0 6 �U ' fle-NA-NAHD CITY �FQp North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 `w 910.796.7215 Avila Yacht Basin Owners Association Page 4 Minor increases in turbidity should be expected during construction. Water depths in the vicinity of the proposed project range from -3.2' to -4.5' @ normal low water. Submitted by: Jason Dail �FQ Date: May 27, 2022 Office: Wilmington RECEIVED JUN 0 6 ZM DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Mmmpement Wllmi gton Office 1 127 Cardinal Drive Extension I Wiilmingtor4 North Cambia 2a405 910.796.7215 D►vEV F. Resource Group April 28, 2022 TO: Jason Dail North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Avila Avenue Community Docking Facility c/o Cameron Calhoun CAMA Major Permit Application Request Jason, Please find enclosed an updated CAMA Major Permit application and supporting materials for the Avila Drive Community Docking Facility project located at the terminus of Avila Avenue, adjacent to the Intracoastal Waterway, Hampstead, Pender County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and USPS delivery confirmations are included. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, 1 Andy Dortch Davey Resource Group, Inc. Enclosure: updated CAMA Major Permit Application Package; Fee Check delivered 'RECEIVED 4/25/2022 1f cc: Avila Avenue Community Docking Facility c/o Cameron Calhoun fJUN 0 6 www.davey.com • Phone: 910.452.0001 • Fax; 910.452.0060 DCM-MHD CITY 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative 3.1.1 Project Location and Existing Conditions The project is located on the Atlantic Intracoastal Waterway at the terminus of Avila Avenue in Hampstead, Pender County and has an extended permitting history. The most recent permit issued to Avila Yacht Basin Association was obtained from DCM in January of 2020 (GP 74627). It authorized installation of a previously permitted finger pier and boatlift on the southwest portion of the docking facility. CAMA Major Permit 30- 98 was issued to Avila Subdivision c/o Norma Graberstein in March of 1998. It authorized construction of a bulkhead and conversion of a private dock to a community dock with a maximum of 10 slips. The addition of an open boathouse, additional floating docks with mooring pilings was also authorized. CAMA Dredge and Fill Permit 16175 was issued to Norma Graberstein and Greg Lanson in July of 1996 and authorized construction of a fixed pier, gazebo, floating dock, boathouse and mooring pilings. LMG staff delineated Normal High Water and Coastal Wetland lines through aerial photography which DCM approved on August 31, 2021. Length of shoreline at Normal high water is 272'. Waters in the project area are classified as SA, HQW and are open to commercial shellfishing. The northeast portion of the project area is classified as a Primary Nursery Area. Water depths are -1' NLW to -2' NLW under the current structures. See Appendix B for details. 3.1.2 Proposed Action The applicant proposes extending and restructuring the current docking facility by constructing a fixed pier with finger piers, floating dock with access ramp, and 10 boatlifts. The proposed fixed pier will attach to the center of the existing covered gazebo, measure 6' wide and extend 53' toward the ICWW, then turn southwest for 166'. A 6' wide x 20' long temporary loading / unloading floating dock with no cleats or ties will attach to the northeast portion of the fixed pier. The 166' fixed pier will have (5) 4' wide x 24' fingers extending toward the ICWW that would accommodate (10) 12' x 12' boatlifts. See Appendix A for details. There is no upland work proposed. Dredging is not proposed. Water depths are -1' NLW to -2' NLW under the current structures which severely limits waterway access to only the high tidal cycles. Therefore, relocation of the structures to the allowable waterbody width is proposed. Current water depths under the proposed structures range from -3.5' NLW to -4.5' NLW until they begin to taper down to the deeper waters of the USACE Navigation Channel. See Appendices A and B for details. The proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED 3UN 0 6 ZOZZ DCM-MHD CITY 1. Form DCM-MP-1 APPLICATION for Major Development Permit (lest reW." 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Avila Yacht Basin Owners Association Avila Yacht Basin Owners Association Applicant 1: First Name MI Last Name Cameron NA Calhoun Applicant 2: First Name MI Last Name n/a NA n/a ff additional apPlicents, Please attach an additional page(s) with names lls w Mailing Address PO Box City State 1144 Avila Avenue n/a Hampstead NC ZIP Country Phone No. FAX No. 28443 USA 910-833-0011 n/a Street Address (if different fiom above) city State ZIP n/a n/a n/a n/a Email =@ccalhounco.com 2. Agent/Contractor information Business Name Davey Resource Group, Inc. Agent/ Contractor 1: First Name MI Last Name Andy NA Dortch Agent/ Contractor 2: First Name MI Last Name Greg NA Finch Mailing Address PO Box city State 3805 Wrightsville Avenue, Suite 15 NA Wilmington INC ZIP Plane No. 1 Pion No. 2 28403 910-452-0001 ext. NA NA ext. NA FAX No. Contractor # 910-452-0000 NA Street Address (if dAfemnt from above) Cily State Z1 tECEIVECr NA Email Williem.dortch(dldavev com ; greQ finchAdavevcom JUN U 6 20. , DCM-MHD CITY Application for Major Development Permit —Avila Yacht Basin Owners Association April 2022 Hampstead, Pender County, North Carolina I Project Location County (can be multiple) Street Address State Rd. # Pander End of Avila Avenue (PIN 4203-81-0051-0000) WA Subdivision Name City State zip Avila Subdivision Hampstead NC 28443 Phone No. Lot No.(s) (if many, aftech additonal page with list) Cameron Calhoun 910-833-0011 WA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak AIW W 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 AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city lima the proposed ®Yea ❑No work falls within. Hampstead 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft) `272 20,473 sq ft (0.47 +/- acres) c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal water level) (ff many lot sires, please attach additional page with a list) 5' - 15, ®NHW or ❑NWL e. vegetation on tract Coastal and 404 Wetlands, typical upland grasses, shrubs, and trees I. Man-made features and uses now on tract There is an existing upland platform, fixed pier with covered gazebo, floating dock with ramp, fixed pier with finger piers, and boatlifts. See Appendix A for details. g. Identify and describe the existing land uses adiaceM to the proposed project site. Wooded and residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? RP Residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? It yes, attach a copy. Dyes ®No ❑NA If yes, by whom? L Is the proposed project located in a National Registered Historic District or does it involve a National Dyes Elm q� V ED Register listed or eligible property? - JUN 0 6 2022 Application for Major Development Permit - Avila Yacht Basin Owners Association April 2022 Hampstead, Pender County, North Carolina V) M. () Are there wetlands on the site? Was ❑No (i) Are there coastal wetlands on the site? ®Yes ❑No (fit) It yes to either (i) or (it) above, has a delineation been conducted? ®Yes []No (Attach documentation, Navaileble) PRELIMINARY DELINEATION, NO UPLAND DEVELOPMENT PROPOSED. COASTAL WETLAND AND NORMAL HIGH WATER LINES INTERPRETED THROUGHAERIAL PHOTOGRAPHYAND CONFIRMED BY DCM STAFF ON S/3112021. SEE APPENDIX A FOR DETAILS. n. Describe existing wastewater treatment facilities. Septic o. Describe existing drinking water supply source. Well p. Describe existing storm water management or treatment systems. N/A 5. Acdvftfes and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Comrnunity, b. Give a brief description of purpose, use, and dally operations of the project when complete. Community recreational fixed pier with boatlifts and a two floating docks a 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 methodology and equipment. Equipment will be stored onsite if needed. d. List all development activities you propose. The applicant proposes extending and restructuring the current docking facility by constructing a fixed pier with finger piers, floating dock with access ramp, and 10 boatlifts. The proposed fixed pier will attach to the center of the existing covered gazebo, measure 6' wide and extend 53' toward the ICWW, then turn southwest for 166'. A 6' wide x 20' long temporary loading / unloading floating dock with no cleats or ties will attach to the northeast portion of the fixed pier. The 166' fixed pier will have (5) 4' wide x 24' fingers extending toward the ICW W that would accommodate (10) 12' x 12' boatift. See Appendix A for details. There is no upland work proposed. Dredging is not proposed. Water depths are -1' NLW to -2' NLW under the current structures which severely limits waterway access to only the high tidal cycles. Therefore, relocation of the structures to the allowable'/. waterbody width is proposed. Current water depths under the proposed structures range from -3.5' NLW to -4.5' NLW until they begin to taper down to the deeper waters of the USACE Navigation Channel. See Appendixes A and B for details. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed lend arse resxdting firers are proposed project? 0 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public essemem, public accessway or other area Dyes ONO ❑NA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. N/A RECEIVED JUN 0 6 2022 Application for Major Development Permit — Avila Yacht Basin Owners Association April 2022 Hampstead, Pender County, North Carolina DCM-M TCffy t \ 4 �V Q I. Will wastewater or stonnwater be discharged into a wetland? -No new discharges [3Yes ®No []NA If yes, will this discharged water be of the same salinity as the receiving water? DYes j]No ®NA J. Is there any maigation proposetl7 ❑Yes ®No ❑NA If yes, attach a mitigation proposal. 6. Addidona/ 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) — M are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and crossaectional 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 arm to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name COUNTRY CLUB ROAD ASSEMBLAGE LLC do GF MANAGEMENT GO, LLC Phone No. NA Address 4721 EMPEROR BOULEVARD SUITE 8300, DURHAM NC 27703 Name COUNTRY CLUB ROAD ASSEMBLAGE LLC Phone No. NA Address 996 VELINZA PLANTATION ROAD, HAMPSTEAD NC 28443 Name PEENS WENDY S Phone No. NA Address 456 EAST CREFJMEW DRIVE or 118INLET COURT, HAMPSTEAD NC 25443 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitter, and issuing dates. GP 74627D Avila Yacht Basin Assoc 1/2/2020 ; MAJOR 30-98 Avila Subdivision 31&1998 ; Stomtwater Permit SW8 970636 2111/1991 ; Dredge and Fill 16175 Norma Graberstain / Greg Lanson 7/29r1996 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, a 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). it 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. RECENED JUN 0 6 N22 DCM.MHD CITY Application for Major Development Permit —Avila Yacht Basin Owners Association Apri12022 Hampstead, Pander County, North Carolina "" !�, S tJ\ to Enter on I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: April 28, 2022 Print Name: Andy Dortch, Agent, Davey Resource Group. Inc Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-S Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED JUN 0 6 2022 DCM-MHD CITY Applteation for Major Development Permit — Avila Yadit Basin Owners AssodaWn April 2022 Hampstead, Pender County, North Carolina 6 2. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment NPrivate/Community c. (i) Dock(s) and/or pier(s) (if) Number 2 (iii) Length 53' : 166' (iv) Width 6 L (v) Floating ❑Yes ®No e. M Are Platforms included? []Yes ®No if yes: (if) Number lift) Length (iv) Width (v) Floating []Yes []No Note: Roofed areas are calculated from dnpfine dimensions. ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No d. (i) Are Finger Piers included? ®Yes []NO B yes: (it) Number 1 floating with no cleats or ties; 5 fixed (lit) Length 20' ; 24'; 24' � 24' ' 24', 24' (iv) Width 6' : 4' : 4' . 4'' 4'' 4' (v) Floating ®Yes ®No f. (1) Are Boatlifis included? ®Yes []No If yes: 01) Number 10 existing 10 proposed (Ili) Length ]2_ (iv) Width 12' g. (i) Number of slips proposed h 10 112 (2 temporary loading / unloading wet slips with no cleats or ties and 10 boatlifts) (ii) Number of slips existing 10 boatlift slips i. Check the proposed type of siting: ❑ land cut and access channel ❑Open water; dredging for basin andlor channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: 10'— 30' M. (i) Will the facility have tie pilings? Oyes ®No (it) If yes number of tie pilings? Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('wet slips) only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: 0 Other, please describe: 10 boatlifts existing 10 boatli is proposed 2 temporary loadino f unloading wet slips with no cleats or ties proposed j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 02en mnabout and sportfishing vessels Will the facility be open to the general public? Dyes ®No Application for Major Development Permit — Avila Yacht Basin Owners Association November 2021 Hampstead, Pender County, North Carolina RECEIVED JUN 0 6 Z022 DCM-MHD CITY Z DOCKING FACILITYNWARINA 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. ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge" signs proposed. (il) Give the location and number of `Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. I. What will be the manna policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing manna, what types of services are currently provided? M. Is the manna/docking facility proposed within a primary or secondary nursery area? []Yes ❑No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. Is the marinaidocking facility proposed within or adjacent to coastal wetiands/mamh (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 wlthln close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. - ,. ;1=1VED JUN 0 6 2022 DCM.MHD CITY Application for Major Development Permit Avila Yacht Basin Owners Association November2021 Hampstead, Pander County, North Carolina 3. BOATHOUSE (including covered lilts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number _ (iii) Length (iv) Width Note: Roofed areas are calculated from driplim dimensions. 4. GROIN (e.g., wood, shaefpile, etc. ff a rock groin, use MP-2, Excavafton and FN.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheisione, etc.) ® This section not applicable c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structum(s): ❑Commercial ❑PubliclGovemment ❑Private/Community C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 17' Northeast ; 28' Southwest Note: For buoy or mooring piing, use arc of swing including length of vessel. c. Width of water body -610, e. (1) Will navigational aids be required as a result of the project? ❑Yes NNo ❑NA 09 If yes, explain what type and how they will be implemented. NA D. Average distance trom NHW, NWL, or wetlands ®This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) b. Proximity of structure(s) to adjacent docking facilities. -400' Northeast ; -700' Southwest d. Water depth at waterward end of structure at NLW or NWL 3.5'- 4.5' NLW Application for Major Development Permit -Avila Yacht Basin Owners Association November2021 Hampstead, Pender County, North Carolina JUN 0 6 ZOZ`t 9 IQV, 0\, A & OTHER ®This section not applicable a. Give complete description: April 28, 2022 Date Avila Yacht Basin Owners Association Pmjw Name Andy Dortch, Agent — Davey Resource Group, Inc. Apph.t Name Applicant Signature RECEIVED JUN 0 6 20"' DCM-MHD CITY Application for Major Development Permit —Avila Yacht Basin Owners Association November2021 Hampstead, Pender County, North Carolina 10 n (/J`�� `�/�\ ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Avila Yacht Basin Owners Association C/o Cameron Calhoun 1144 Avila Avenue Hampstead, NC 28443 Dear Mr. Calhoun: NORTH CAROLINA Environmental Quality May 27, 2022 The Division of Coastal Management hereby acknowledges that on May 25, 2022, we received your completed application, acting on behalf of the Avila Yacht Basin Owners Association, wherebyyou are requesting state approval for the development of property located at 986 Avila Avenue, adjacent to the Atlantic Intracoastal Waterway (AIW W), in Hampstead, Pender County. The projected deadline for making a decision on your permit application is August 8, 2022. 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 May 25, 2022, 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. 9on Dail ield Representative Cc: Davey Res. Group, Attn: Andy Dm4ch - 3805 Wrightsville Ave, Wilmington, NC 28403 RECEIVED JUN 0 6 DCM-MHD CITY rroam Nonh Carallna DepartmentorEmlrenwntal Quality Dmsionot Coastal Management �FQ Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina28405 910796,7215 U > eo = NOTI(610107A 0 AMA PERMIT APPLIE PROJECT:. plicant pro 9 Hampstead, Pender County. FOR d to extend the n COMMENTS ACCEPTED THROUGH June 27 2022 APPLICANT: FOR MORE DETAILS CQNTACT T Avila Yacht Basin Owners Assoc. HE LOCAL PERMIT OFFICER BELOW: Cameron Calhoun 1144 Avila Avenue —"- mp6teadl WC 28445 Agent; Davey Resources Group, Inc. �. Dortch (910) 452-0001 0 NORTH CAROUNA fllnvrnnrnorgn( Urar/in. June 1, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice: • Avila Yacht Basin Owners Association Hello: Please publish the attached Notice in the Monday, June 6, 2022 issue. ROY COOPER (lownror ELIZABETH S. BISER srrxmn BRAXTON DAVIS Dirtrinn CHvixlmr of(Yxneml Mmwgemern 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 Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (CwstomerNa 489895). Thank you for your assistance in this matter. Support & Customer Assistance cc: Cameron Luck - MHC WIRO file USACE RECEIVED FJUN 0 6 2022 State of North Carolina I Environmental Quality I CoaGal Management DCM_NIHD CITY 127 Cardinal Drive Ext, Wilmington, NC 29405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality 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: On May 27, 2022, Avila Yacht Basin Owners Association proposed to extend the existing facility approx. 60' waterward of the current location A install one (1) new 6' x 20' floating dock at 986 Avila Ave., adj. to the AIWW in Hampstead, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to June 27, 2022 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 0 6 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATI N Name of Property Owner Requesting Permit: Avila Yacht Basin Owners Assn Mailing Address: Phone Number: Email Address: c% Cameron Calhoun 1144 Avila Ave. Hampstead, NC 28443 910-833-M 1 ccc@ccalhounco.com I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: with floating dock and boatlifts installation of fixed pier at my property located at end of Avila Ave, AIWW, Hampstead in Pander County. I furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. -h-e5-% a- AyBa4 Iwo /0 g I l 2mza Date This certification is valid through 12 /31 /2022 RECEIVED JUN 0 6 2022 DCM-MHD CITY V � � Scanned with CamScanner NX) DAVEY-1 Resource Group April 24, 2022 COUNTRY CLUB ROAD ASSEMBLAGE LLC C/O G F MANAGEMENT CO, LLC 4721EMPEROR BOULEVARD STE #300 DURHAM, NC 27703 To Whom It May Concern: Avila Yacht Basin Owners Association is applying for a CAMA Major Permit for development activity on the property located at the end of Avila Avenue, Hampstead, Pender County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Jason Dail North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch0davev com Sincerely, Andy Dortch, Agent Davey Resource Group, Inc. Enclosures www.davey.com . Phone: 910.452.0001 . Fax: 910.45ZAM 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28402 RECEIVED JUN 0 6 ` DCM-MHD CITY DAVEY4. Resource Group April 24, 2022 COUNTRY CLUB ROAD ASSEMBLAGE LLC 996 VELINZA PLANTATION ROAD HAMPSTEAD, NC 28443 To Whom It May Concern: Avila Yacht Basin Owners Association is applying for a CAMA Major Permit for development activity on the Property located at the end of Avila Avenue, Hampstead, Pender County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Jason Dail North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch(cbdaveycom Sincerely, RECEIVED JUN 0 6 2022 Andy Dortch, Agent DCM-MHD CITY Davey Resource Group, Inc. Enclosures wwj�5e .com • Phorw: 910.452.0001 • Fax: 910.452.0060 A4htwnle Ava., Suit* 13, wllminQton, NC 29403 DAVEYI Resource Group April 24, 2022 PEENS, WENDY S 456 EAST CREEKVIEW DRIVE HAMPSTEAD, NC 28443 To Whom It May Concern: Avila Yacht Basin Owners Association is applying for a CAMA Major Permit for development activity on the property located at the end of Avila Avenue, Hampstead, Pender County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Jason Dail North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortchc@davey.com Sincerely, Andy Dortch, Agent Davey Resource Group, Inc. Enclosures RECEIVED JUN 0 6 2022 DCM-MHD CITY www.daveY.COhn - Phone: 910.452.0001 - Fax 910.45L0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY4. Resource Group April 24, 2022 PEENS, WENDY S 118 INLET COURT HAMPSTEAD, NC 28443 To Whom It May Concern: Avila Yacht Basin Owners Association is applying for a CAMA Major Permit for development activity on the property located at the end of Avila Avenue, Hampstead, Pender County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Jason Dail North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch(a)davev com Sincerely, RECEIVED JUN 0 6 2OZ2 Andy Dortch, Agent Davey Resource Group, Inc. OCM-MHO CITY Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wllminliton, NC 28403 USPS Tracking® FAQs > Track Another Package Tracking Number: 70202450000152241281 Remove x Your item was delivered to an individual at the address at 12:18 pm on April 27, 2022 in DURHAM, NC 27703. USPS Tracking Plus® Available u G Delivered, Left with Individual a April 27, 2022 at 12:18 pm DURHAM, NC 27703 'c Get Updates u Text & Email Updates Tracking History USPS Tracking Plus® Product Information �ECFIVED See Less /� JUN 0 6 ZOZZ ,7,.�,_MHD CITY v U v v USPS Tracking® FAQs > Track Another Package Tracking Number: 70202450000152241250 Remove x Your item was delivered to an individual at the address at 2:21 pm on April 27, 2022 in HAMPSTEAD, NC 28443. USPS Tracking Plus® Available u C✓ Delivered, Left with Individual Q. April 27, 2022 at 2:21 pm 0 HAMPSTEAD, NC 28443 Get Updates Text & Email Updates v Tracking History V USPS Tracking Plus® v Product Information u See Less n JUN 0 6 Z022 DreA_nnHD CITY N FILED 06 NOV -1 PM 4: 21 y,ao3-Ya--31sS -o9faN.SWICEGOOD �al,a3 - 81- oo, 'I - O-AaS TER OF DEEDS FIN• 90- COUNTY, NC .lea-r d6 �—SSoY J iE 11-4 -o b Irir NORTH CAROLINA NON WARRANTY DEED Parcel BK3090PG 189 J "flod ofDeay � Coe nY. NC 294 Instrument wprepared by: Robert C. Kenm, Jr.; MOORE & KENAN Attomeys M raw; P.O. Box 957; Burgew, NC Brief description for the Index: THIS DEED made this 27th dry of October, 2006, by and between JEFFREY C. APPLEWHITE and wife, I AVILA YACHT BASIN OWNERS JANE T. APPLE WHITE ASSOCIATION, INC., a North Carolina non-profit corporation Enter in appropriate block for each nam i Partnership WtTY S address, nod, if appropriate, character of amity, e.g. corporation or The designation Grantor and Grantee as used herein shall include said parties, their heirs, succesrora, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in Tice simple, all that certain lot or parcel of land situated in Topsail Township, Pander County, North Carolina and more partiwlarly described as follows: BEGAIG THOSE TRACTS OF REAL PROPERTY DESCRIBED IN EXHIBIT W ATTACHED HERETO AND INCORPORATRED HEREIN NC Bar Association Form No. 6 0 1977, 2002 Printed by Agreement whh the NC Bar Association — 19SI - Chicago Title Imusaaea Company 3 RVCENEO JUN 0 6 2022 ncM-MHO CITY TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privilegesand appurtenances t09 to brel Igning t the Grantee in fee simple. The Grantor makes no warranty, express or implied as to the title to the property hereinabove described. written. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above �Ya9�� l o `� (SEAL) J6iTrtTy &Applm tte txracut sear ROBE; O �NqN, JA. .�r//,,,,�,,e � , csaotau '1>le�¢.. (SEAL) J ne T. pplewhife ------------- SF-AL-STAMP State of North Carolina -County of Pender 1. agper C KPnr.ary T2 Notary Public of the County and State aforesaid, certify that JEF'FREY C. APPLE WHITE personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of October, 2006. My Commission Expires: (- V LeaQ Notary Public SEAL -STAMP Sate otNorth CarolinaCountyof Pend, 1, iZoff?L� C •� t� Notary Public of the County and State aforesaid, certify that JANE T. APPLEWHITE personally appeared before me this day and acknowledged the due execution of the foregoing instmmern for the purposes therein expressed. Witness my hand and Notarial stamp or seat this ZZ day of October. 2006_ My Commission Expires: r, Y- 20e2 0 9 asciu sser FiOBEEf C. I(FNAN, a tsI W FLBIIG=111 CAnfaall FENDM COUKsy 2a2 Notary Public NC Bar Association Forrn Nu. 6 © 1977, 2002 Printed by Agracment with the NC Bar Association - 1981 - Chicago Title Insurance Company ,a,CS1vE1D SUN q 61011 C\('( QCM,MHD 69309OPG 191 Exhibit A Lying and being in Pender County, North Carolina and more Particularly described as follows: All of our right, title and interest in and to the pier, boat docks and the 0.50 Acres as each are shown on a map of survey entitled "Property Survey for Homeowners Association AVILA YACHT BASIN" as prepared by Charles C. Moore, Jr., P.L.S. and recorded in Nap Book 32 at Page 69 in the Office of the Pander County Register of Deeds, State of North Carolina, reference to which is hereby made for a more complete and accurate description. And also, All of our right, title and interest in and to the real property adjoining and lying on the southeast side of Lots 1 and 2 as shown on map recorded in Map Book 28 at Page 117, and extending from the southeastern lines of the said Lots 1 and 2 to the high water line Of Topsail Sound. SUN U 6 L02 DCM M}1D G%V Submerged Aquatic Vegetation Survey For: Avila Yacht Basin Owners Association Pender County, North Carolina Prepared By: Land Management Group 3805 Wrightsville Avenue Wilmington, North Carolina June 2021 RECEIVED JUN 0 6 2022 DCM-MHD CITY \NV <A\ Contents 1. 2. 3. 4. 5. Purpose........................................................................................................... SiteDescription............................................................................................... Methodology................................................................................................... Results............................................................................................................. Conclusions..................................................................................................... Submerged Aquatic Vegetation Survey —June 2021 Avila Yacht Basin Owners Association Pender County, North Carolina ..........................1 ..........................1 .......................... 2 .......................... 3 1 RECEIVED JUN 0 6 20Z2 DCM-MHD CITY N�� 1. Purpose Land Management Group (LMG) was contracted by Cameron Calhoun of Avila Yacht Basin Owners Association to conduct a submerged aquatic vegetation (SAV) survey in proximity to 1144 Avila Avenue, in Pender County, NC. Proposed actions include the assessment of options to address the shoaling and shallow water depths under the existing docking facility's slips. This report provides a summary of the methods and findings of the SAV resource survey. 2. Site Description The property consists of two parcels and approximately 0.5 acres located along Avila Avenue adjacent to the Intracoastal Waterway in Pender County (Figure 1). The lots are Avila Yacht Basin Owners Association common areas containing shoreline frontage, a fixed pier, floating dock, and boatlifts. The northern boundary of the property is adjacent to a wooded and undeveloped parcel while the southern boundary is adjacent to coastal marsh and a residence. The shoreline abuts Topsail Sound / Atlantic Intracoastal Waterway and contains a mixture of uplands, 404 wetlands, and coastal marsh (Figure 2). The water quality classification along the shoreline is SA, HQW in the White Oak river basin. The waters are open to the harvest of shellfish for human consumption and a portion of the property frontage is mapped as Primary Nursery Area. f f' .- ��r'� RIIOVMFA @, o r. uP.e+-'�. V.npprr y�y u+w- KRFIOY -N ✓nI,MM.YIi�N.♦RC'�C,wYrya.ISY. ww�w d^+V Figure 1. Site Location Map. Submerged Aquatic Vegetation Survey —June 2021 Avila Yacht Basin Owners Association Pender County, North Carolina RECEIVED JUN 0 6 2022 DCM-MHD CITY 1 Figure 2. View of the northern shoreline, looking northeast. Pip Figure 4. View of the southern shoreline, looking northwest. 3. Methodology Figure 3. View of the southern shoreline, looking southwest. Figure 5. View of the shoreline, looking southeast. The SAV survey was conducted on May 21, 2021 from approximately 9 am to 11 am. Low tide at Wrightsville Beach was 9:46 am. Air temperature was 74"F with sunny skies. Winds were east northeast at 11 mph. Water clarity was measured with a secchi disk and found to average 2.5 feet. Water salinity was measured at 26.6 ppt (26,600 ppm). Water depths throughout the study area ranged from 0 to -4' NLW. LMG's standard SAV survey protocol includes a systematic sampling of transects spaced evenly across the footprint of proposed dredging and adjacent waters. Transects are aligned approximately every 75' perpendicularto the shoreline, with sampling points located every 20 feet to 30 feet parallel to the shoreline along the transects until a limiting depth is reached. Due to the volume of SAV present and the limited sampling area, the entire study area was reviewed. Sampling was conducted on foot and the presence of SAV was first noted by sight where water clarity allowed. Individual sampling points were raked to a depth of approximately-6" below bottom using a clam rake. Any individuals or beds of SAV or SAV rhizomes were noted, GPS-located, and identified to species. RECE►VED nAf (y�nr IM9Z W49 Submerged Aquatic Vegetation Survey —June 2021 Avila Yacht Basin Owners Association Pender County, North Carolina DCM-MHD C%TY 2 '^ 4. Results Bottom type within the survey area was characterized as a firm loamy sand bottom turning to soft silty mud and soft silty sand near the end of the docking facility approaching the Atlantic Intracoastal Waterway channel. SAV was visually observed throughout the northwest and central portions of the study area in the shallow waters (less than -2' NWL). The survey area was raked for the presence of SAV or SAV rhizomes and many were located. See Attachment A for details. On the southeast portion of the study area towards the Atlantic Intracoastal Waterway, no SAV was observed in the deeper waters (greater than -2' NLW). SAV identified as Eelgrass (Zostera marina) and Widgeon grass (Ruppia maritima) was visually observed throughout the study area adjacent to the shoreline, around the floating dock, and boatlifts as depicted in Attachment A. The presence of SAV was limited to a zone where water depths ranged between 0' NLW and -2' NLW and the substrate was a firm loamy fine grain sand. Density of the vegetation ranged from beds of SAV spaced less than 1 foot apart (dense coverage, to beds spaced between 3 and 5 feet apart (sparse coverage) (Attachment A). Eelgrass was the most abundant SAV species documented. No other SAV or SAV rhizomes were identified within the survey area. Figure 6. Zostera marina collected sample. 5. Conclusions Figure 7. Ruppla maritima collected sample. While Eelgrass (Zostera marina) and Widegon grass (Ruppia maritima) can be found in waters as deep as 6 feet, the average water column depth is described in the NC Coastal Habitat Protection Plan (NC CHPP) to be 2.3 feet. Eelgrass is known to be the hardiest and resilient of the species, while Widgeon grass is known to prefer low velocity, low wave energy and more firm loamy sand habitats. The results of this report support these habitat characteristics with most SAV occurring at 0' to -2' NLW depths, and the most prevalent SAV identified as Eelgrass. Beyond -2' NLW softer silty mud substrate is likely the limiting factor prohibiting SAV occurrence along this portion of the study area. As evident from study results, the northwest portion of the study area has the most suitable substrate and water depths to support both Eelgrass and Widgeon grass. a f la, - *I' v J Submerged Aquatic Vegetation Survey —June 2021 ®C � Avila Yacht Basin Owners Association � D v 1 V Pender County, North Carolina w 3 4/25/22, 1:09 PM The Davey Tree Expert Company Mail - Avila community dock Ow"I Avila community dock 1 message Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov> To: "Finch, Greg" <gfinch@lmgroup.net> Finch, Greg <gregory.flnch@davey.com> Thu, Mar 3, 2022 at 2:54 PM Cc: "Dail, Jason" <jason.dail@ncdenr.gov>, "MacPherson, Tara" <tara.macpherson@ncdenr.gov>, "Haines, Andrew" <andrew.haines@ncdenr.gov>, "Brannigan, Kelly E" <kelly.brannigan@ncdenr.gov> Hi Greg. You called me earlier this week with a proposal pertaining to the floating day dock at Avila. You would like to know if it is possible for them to keep the floating dock, but without any cleats on it. So, the proposal was discussed within Shellfish Sanitation, and it was determined the floating dock would not cause a shellfish closure if the following condition was met. The floating dock in its entirety would have to be void of any cleats, or other appurtenances that could be used for the means of docking vessels or other watercraft. I will add that the dock will be visited annually by Shellfish Sanitation staff conducting Shoreline Survey site visits. Additionally, observations will be made by water throughout the year during our routine water quality monitoring. Please let me know if you need any additional information. Thank you, Jeremy Humphrey n G z rst s � 2 0 0 0 Jeremy Humphrey Environmental Health Program Specie st Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Department of Environmental Quality 910.796.7367 office https://mall.google,con/maiVu/0!?ik=1 b8f2419oe&view=pt&search=all&pe"thid=thread-f"/o3Al726309749549814194%7Cmsg-f%3A1726309749549814194&simpl=msg-f°h3A1726309749549814194&... 1/2 4/25122, 1:09 PM The Davey Tree Expert Company Mail - Avila community dock Jeremy. Humphrey@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 f I CW -'� Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. C � z m N https://mal.google.com/mail/u/O/?ik=1 b8t2419m&view=pt&search=all&permthid=thread-f%3Al726309749549814194%7Cmsg-f%3AI726309749549814194&simpl=msg-W/o3Al726309749549814194&... 2/2 DNEY#- Avila Ave CAMA Major Application Dortch, Andy <william.dortch@davey.com> Snider, Holley <holley.snider@ncdenr.gov> Wed, Apr 27, 2022 at 12:06 PM To: "Dail, Jason" <jason.dail@ncdenr.gov>, "Dortch, Andy" <william.dortch@davey.com> Cc: Greg Finch <greg.finch@davey.com>, "Cameron C. Calhoun" <ccc@cccalhounco.com> In accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency". In accordance with 40 C.F.R Section-1 21.S(b)(7), and (c)(5) all certification requests shall include documentation that a prefiiling meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Please refer to the Federal Rule for more information. The DWR has been presented with and has been made aware of the project as of April 25, 2022. You may print and attached this email to your application to fulfill the pre -filing meeting requirement. The DWR has been presented with and has made aware of the project as of April 25, 2022. Your application can be accepted complete by the DWR after May 25, 2022. Feel free to call or email me if you have any questions. Sincerely, Holley Snider. ><(((("> • ><((((">.•' Environmental Specialist 11 Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Dail, Jason <jason.dail@ncdenr.gov> Sent: Wednesday, April 27, 2022 11:23 AM To: Dortch, Andy <william.dortch@davey.com> Cc: Greg Finch <greg.finch@davey.com>; Cameron C. Calhoun <ccc@cccalhounco.com>; Snider, Holley <hoiley, snider@ncdenr.gov> Subject: RE: [External] Avila Ave CAMA Major Application CAMA / DREDGE & FILL No. 7462' GENERAL PERMIT A B C D Previous permit # .New Modification Complete Reissue Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality _ and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC Applicant Name 11 ` � ' f' HAT 1Q� Ir'! I Rules attached. Project Location: 6 County , 4 ' U Address V (/ —State Street Address/ State Road/ Lot #(s) City /� c zip/ 6 L}L�� -- / L, L / - &O M'4 f 1)oa[-- . — Phone#(: ) E-Mail t--�«�I� V�MCL_ Subdivision Authorized Agent _r �� _ AI t1iv u 129 ` f rX r City _ _ / 1q � 5%/to ZIP 4'S7i'e' Affected csv �' 11 �''' -� " Phone# River Basin-& 6) AEC s . OEA HHF () -- I ❑uM ❑ WA Adj. Wtr. Body / VV I Y / ---k=...-lna lunkn� FM YItS ORW: yes �o PNA yes / no Closest Mai. Wtr Body —. Type of Project/ Activity I A -t{I) 11 Pier (dock) length yy Fixed Plarfonn(s) 20 Floating Pladorm(s) I N. Finger pKr(s1 :V 14 . Groin length\ 1 number i _.__4 Bulkhead/ Ripnp length- wg distance offshore /__ - a .. nux distance oRshop6 • _ _ _• Basin, channel _ 1 j 3 cubic yards F=; Boat ramp Beach Bulldonng_ __ Other (�`W _-----.. — Shoreline Length SAV: not sure yes no Moratorium: rJa yes no 1 �� Photos: yes no Waiver Attached: yes no _. T� A building perk may be required by: t'ri 1-� f If ( Note Local Planning Jurisdiction) Notes/ Special Conditions fte" or Appncain P(mi.Mame —_ Signature a•Pleaiereadcompl stuwrantenbsckofpermk " I Apphcaoon Fee(s) _— t �l (Scale M f� 2-61� =. See note on back regarding "airkruke. Permit Officers Printed Name $ijr tune kKft Dan ---. — Expiration Date d Permit Class NEW STATE OF NORTH CAROLINA Permit Number 30-98 Department of Environment and Natural Resources and Coastal Resources Commission Vermit for MAR 11 19�8=� Major DevelopmentinanAmaOfEnvironmental Concern D I V I S I G N OF pursuant toNCGS 113A-118 :OASTAL MANAGEMENT Excavation and/or filling pursuant to NCGS 113-229 issued to Avila Subdivision, c/o Norma Grabenstein, 507 Biscavne Dr., Wilmington, NC 28405 authorizing development in Pender County at AIW W . off of Country Club Road, near Hampstead as requested in the permiuee's application dated 6/19/97 including attached workplan drawings labeled "Addendum Sheets 1-10", all dated received 8/11/97. This permit, issued on 3 — S— 9 1 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to he null and void. Docking Facilitv 1) This permit authorizes a maximum of ten boat slips. Utilization of the docking facility by more than ten boats will require a closure of open shellfish waters, which would be a violation of T15A:07H.0208(b)(5)(E) of the rules of the Coastal Resources Commission. NOTE: Any future proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a manna under the rules of the Coastal Resources Commission, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). 2) To ensure that no more than ten boats utilize the authorized docking facility, the outermost floating dock waterward of the gazebo, as indicated on attached addendum sheets 6 and 7, must be removed prior to any additional construction activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the pemtittee or other qualified persons within twenty (20) days of the issuing (late. Ail appeal requires tesuluuon prior to work initiation or continuance, as the case may be. 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 Departmental approval. All work must cease when the permit expires on December 31, 2001 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. �f_. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Comm STW 6 'Z�11 Roger N. checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Avila Subdivision Permit #30-98 Page 2 of 4 ADDITIONAL CONDITIONS 3) No boats may dock, even temporarily, on the back or landward side of the docking facility. 4) The docking facility will display a sign showing the location of the nearest pumpout facility, including other appropriate waste disposal information, at the entrance to the main piers. 5) 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. 6) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 7) 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. 8) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 9) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 11) For all new or replacement floating facilities, floatation units shall be constructed of materials which will not become waterlogged or sink when punctured. 12) The authorized project is located within a primary nursery area(PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including 'kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. REDS\\jSU )�N � 61p2ti Avila Subdivision ADDITIONAL CONDITIONS Shoreline Stabilization 13) The bulkhead alignment will be located landward of all wetlands. Permit #30-98 Page 3 of 4 14) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 15) The bulkhead must be constructed prior to any backfilling activities. 16) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 17) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 18) The back fill material will be clean and free of any pollutants except in trace quantities. Stormwater Management 19) The Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission on 2/11/98 (Permit No. SW8 970636). Any violation of or deviation from the plan approved by the DWQ will be considered a violation of this CAMA permit. Sedimentation and Erosion Control Zm) bi Ulmer tm prutcct watul quality, runoff Elmo constructlun must not vlalbly 111LICASC 111L arnmunl of suspended sediments in adjacent waters. 21) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. SUN 6IV `�V 1 C1�Y " Avila Subdivision ADDITIONAL CONDITIONS Permit #30-98 Page 4 of 4 22) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. General 23) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters. 24) The permittee is required to maintain a valid Pender County Special Use Permit during all phases and stages of project construction. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTF,: The permittee is strongly encouraged to provide proper trash receptacles for all common areas, including the community docking facility. NOTE: The permittee is encouraged to contact the Public Health Pest Management Section at (919) 733-6407 to discuss mosquito control measures. NOTE: The N.C. Division of Water quality has assigned the proposed project DWQ Project No. 970910. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 1996800094. ,,,Sr EXvS1D 'UN � 6 2022 F 4AX �eU�Se� IIIZ(ctcl-�- Recommendations for State Permit - ANUA SLBDI8'ISIoN CONBTU` ITY DOCK The Wilmington Off -ice. Division of Coastal Management, recommends that the permit be granted if the following conditions can be met. If the permit is granted, please include the wording at the beginning of the permit stating what is being permitted: This permit authorizes conversion of a private dock to a community dock with a maximum of 10 boats moored at any one time. Addition of an open boat house, additional floating docks with mooring pilings, and a bulkhead /retaining wall is authorized as show in the application. ** Prior to the permit being gramcd, the applicant must secure a Special Use Permit from Pender County. A copy of the Permit must be submitted to the Division for their review. *** If the Shellfish Sanitation Branch offers concerns about the size and type of boats, it would be appropriate to limit the boat size to 24' with no heads. Proposed conditions would be modified accordingly. The following conditions apply: 1. The bulkhead alignment will be landward of the federal wetland line. No fill material will be placed. or allowed to wash into any wetlands, federal or coastal. 2. A registered surveyor should stake or delineate the federal wetland line prior to commencement of the bulkhead construction. 3. The bulkhead must be constructed prior to any further land disturbance along the edge of wetlands. 4. The bulkhead must be structurally tight so as to prevent seepage of back -fill materials through the structure. 5. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No disturbance, fill, or excavation is authorized within wetlands in conjunction with the bulkhead construction. 6. The fill material for the bulkhead will be clean and free of any pollutants. Metal products, organic materials or unsil-htly debris will not be used. 7. All backfrll material will be obtained from a high gfi round source and conned behind t] at2 bulkhead. 8. This permit authorizes only the docks, and other structures and uses located in or over the water (` that are expressly and specifically set forth in the permit application. No other structures 006r, floating or stationary, may become a permanent part of this docking facilitywit m modification. No non -water denendent uses of structures may be conducted on in or over permit waters without permit modification 9. All structures shall have a minimum setback distance of 15' between any parts of the structure arlc� lv the adjacent riparian corridor lines. `0 Avila Subdivision Community Dock Conditions Continued 10. The docking facility will display a sign on the pier showing the location of the nearest pumpout facility including other appropriate waste disposal information. 11. No sewage, whether treated or untreated, shall be discharged at any time from boats using tite 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. 12. 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. 13. The authorized structures and associated activity must not cause an unacceptable interference with navigation. 14, The petmittee must install and maintain, at her expense, any signal lights prescribed by the U. S. Coast Guard, through regulations or otherwise. 15. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 16. Pier/dock/boathouse alignment must meet Corps of Engineers guidelines. 17. The boathouse shall have open sides with no enclosed areas. 19- The boathouse square footage shall not exceed 500 square feet nor house more than one (1) boat. 19_ The existing 4' x 20' outer floating dock must be removed from the water prior to any new construction commencing. 20. All development shall be in accordance with Pender County ordinances and regulations. A building permit may be required. 21. Dredging is not authorized in any fashion- including but not limited to bucket/barge, hydraulic, or boat propeller. 22. For all new or replacement floating facilities, floatation units shall be constructed of material which D will not become waterlogged or sink when punctured. ,UN O 6 TV23. Live -aboard boats are strictly prohibited. C�(`( a' "WAS NOTE: Any proposal for mooring in excess of 10 boats will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act. NOTE: Permanent reflectors should be attached to the structures in order to make them more visible mm during hours of darkness or inclement weather. n�2� q� -Y Applicant Address _ City CAMA AND DREDGE AND FILL M 016J 75 D GENERAL PERMIT as authorized by the State of North Carolina J Department of Environment, Health, and Natural Resources antl t e o stal gesources Commission t in an area of environmental concern pursuant to 15A NCAC a O G J PNumber Ph �U State Road, Water Body, Zip Type of Project Activity l to PROJECT DESCRIPTION SKETCI L_ _ T729C�t4 �. (SCAA; 0 Pier (dock) length 'I' — _O'0 --~ '• p_�� '__y Groin length — number Bulkhead length max. distance offshore _ i`- 11 Lk Basin, channel dimensions_cubic yapst. �ci e o.. V,— Boat ramp dimensions — .- --. This permit is subject to compliance with this apphcatwn, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Manacement Proeram. attachments �� I application fee 5v� \v ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 1.2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckt?D NCDENR.gov SUBJECT: CAMA Applicant: Avila Yacht Basin Owners Association Project Location: 986 Avila Ave., adi. to AIWW in Hampstead, Pender County Proposed Project: The applicant proposes to extend the existing facility approx. 60' waterward of its current location and install a new 6' x 20' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by June 27, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE 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 SOSO RE� 101 o ro OGM.MNO D. E Q:> North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 enarry rwvxmu 910.796.7215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: TKN^JFee:.$ #CDAITS MHC cc — Applicant: ✓lLA- % AS/N 08. /2s mil/ Agent/Contractor: L fro Project Site County: Staff: Distdct: Wilmington Project Name: t r r Rover File: n/a River Basin: Initial date of application submittal: Z$ZL Dale application "received as complete" In'the Field office: Permit Authorization: ❑ CAMA ❑Dredge & Fill []Both SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes o PNA: Yes ❑No Photos Taken: Yes ❑ NP& Setback Required (riparian): ❑Yes No Critical Habitat: ❑Yes PdNo ❑Not Sure 15 fool waiver gbtained: ❑Yes 2No Hazard Nolification Returned: ❑Yes/jNo SAV: Yes ❑No ❑Not Sure Shell Bottom: ❑Yes PdNo ❑ Not Temporary Impacts: ❑Yes No Sure Sandbags: ❑Yes o ElNot Sure Did the land use classification come Mitigattor Required (optional): from county LUP:^eseNo ❑Yes o Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes,ZNo ❑NA ❑Yes,19No ❑NA 2PO FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) pe -or- Closed I �. SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑Nutrient Sensitive Waters (NSW) ters (SW) 7�7 High Quality Waters (HQW) ❑Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina allerni0ora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullmsh or three square (Scirpus (TY) Cattail (Typha sp.) spicala) SO ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private wl D&F up to 1 acre; 3490 ❑ III(D) Pdv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Publicor commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill-$400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Applicant:d r/ Date:r� Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One QQ P I New Wo Replace r C 5 Maint ❑ ❑ YA N �( I l New Work Maint ❑ Replace )irY ❑ N f/ New Wo Maint ❑ Replace KY [IN f / I New Work Replace Maint ❑ Y ❑ N S New WorkW Maint ❑ Replace ❑ Y N fq / G New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact ternimpacts) impact amount)- temp impacts) amount Dredge ❑ Fill ❑ Bath ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Bath ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733.2293:: 1.888.4RCOAST:: www.nccoastalmanaaement.net revised: 02126/18 Date, Date Check From Name of vendor Check = Check - Permit Rct. # Received Deposited 'Permit Holder Number amount Number/Comments 6/8/2022 Davey Resourc_ a Avila Yacht Basin United 2492 $400.00 major fee, 986 Avila Ave, JD rct. Group Inc OA Bank . Hampstead PnCo.SPLM 60/40 17979_, MajorPermit Fee Schedule Project Name: -PpaG County: �" t4� Check No &Amount: +_ D'CM % DWQ Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 o 100 /a ($250) 0 0% ($ ) excavation of eny,wetlands or open water areas: II. Public or commarclal development that does not involve the filling orexcavation, $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that Involves the filling and/or excavation of up to acre ofmatlands and/or open water areas, determine if.A.B. C, or D below applies: , in(A). Private, non-commercial development; If General Water Quality $250 100% ($250) 0% ($0) Certification No. 4776can be applied: III(B)..Public orcommercial development, if General Water duality Certification ` $400 100% ($400) 0% ($0) No. 4175 can be applied: lil(C). If General Water Quality Certification No. 4175 cou buFDCM ateff detemdn at additional $400, 60% ($240) 40% ($160) review and written D :concurrence is needed because of can related water quality or aquatic life: ill(D). g General Water,Quality 60% ($240) 40% ($160) Certification No.4175 cannot be,applied: e filling 7.andlor ne acre =openwater $475 60%($285) 40%($190) areas: T L �yy�;' . •0• •. K P iet � r W &OSetback USACE ROW Existing Bulkhead „ 17 Appx. Normal High Water Avila Ave SAV Study Area Country Club Dr Slte Legend Outer Edge of MUM NOTES! Survey Boundary App. Normal High Water 1. 2018 PARCELS FROM NCONEMAP. NHC Tax Pamela fWatUbody Widm ------ ---- 2. 2020 AERIAL FROM NCONEMAP. M21 DRONE Riparian Corridor ----------- Emig Bulkhead IMAGE PROVIDED BY LMG. 15'Se"a SAV Study Area - - - - - 3. NOT A SURVEYED OR ENGINEERED DRAWING USACE Right M Way USACE Setback SAV�t' a Qp FOR ENVIRONMENTAL PERMITTING ONLY. USACE Navigation Chennd SAV 14 da Ixad _®SAV&F,wbeda M S o c� N m 0 N O -G 1 Waterbody Width Riparian Corridor and 15' Setback jxistog Docking Facility ACE Navigation Channel P.. a iwrr)r rwxr [., fNNV M'"EPI` • ).0 M.M O'n•w' Iv.tl 5 4 f , i f' ' I • 1 < + (;� N. r 111 /' a J• ..y lr' 41 O.5B ACRES-'��, L CHARLES I. MOORE JR., CE RTI" THAT THIS PLAT rMxuTr wrv,v m. 1, CHARLES C, MOORE JR., PROFESSIONAL LAND MIRVEVOR WAS DRAWN I'NDER MY A PERVISION FROM AN ACTUAL xoNE Dvx[Y AWOG L•131R CERTIFY THAT THIS PLAT IS OFA SURVEY THAT CREATES SURVF1MADE UNDER MY SUPERVISION I DEED DSSCpIPF10N AVILA YACHT BASIN A SURMVLSION OF LAND WITHIN THE AREA OF A COUNTY OR RE('ORDED ON A MAP RECORDED IN MAP ROOKT, PAGE 1111 .R.NALaA,n .Rawl. MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES THAT THE SOI'NDARI ES .NOT SI IRVE1'ED ARE CLEARLY TOPSAILTOWNSHIP PENDERCOUNTY PARCELSOFLAND, 1.\'DI(ATED:\S DRAWN FROM INFORMATNM F(H,ND IN NORTH CAROLINA 90011_510 PAGE_� THAT THE MTIOOF PRECISION AS WALE 1'y WEMIIRII,IMA 1'.+. 'J c (':\LC'I LATER IN I:1I,400, THAT THIS FIAT WAS PREPARED IN CHARLES C. MOOR6 JR., PROFESSIONAL IAND MIRVEYOII L,IJH A('1'(MDAN(T WITH(:, N,,T-M AN"ENDS6 • U W'ITVI:CN MI ORIGIN AI. NIGNATS� rxA.le c.emRE)a. r.l"A "' RE. q[GISI'RATI(W VI'MBEk wHaArA.1M11. ANU VEAL'I'HINUA1'OF "1:. A.D. 199y, wlunrrox,ac uu. NOT TO SCALE I, ' SIIRVEVOR FILED FOR REC,INTRATION ON THE Ir2t DAV'OF PY f n 1 199t AT Cff (AM OR.) •LA IT• '� AND DULY R CORDED IN \PAP BOON �_:(T RCGINTRATION VUMBF.R RIQ l RlmmokkSIJOL NUMBER rfJ i 1• I"'� T.May., .gl:1l F.N OFFI('ER OF PENDER COI'NT1' REGISTER OF DEE �ml H1Y " w N'TO'1 Tipl"IIIIN \IAPPIN PL.\T TII N'lll('ll l'1119 /\ IY.NIIFII .\OIEV B\': IV SFFIXFII \Il:CIN ALI.STlTOR% t t+ NI:IN INI:\I!.\IV lIIk kFr TNIM\L. i���T I-IL-99 13�G__ „ww .ti.w.rr1 J U.II N11111'.\111!l It IN --," „r 11,[,LE cisting Permitted Docking Facility ed Pier with Gazebo, 10 Slips with Boat Lifts and Floating Dock) 56' 17' 53' 0 c► � v � p Il! o = W i� Temporary Loading / Unloading Floating Dock (no cleats or ties) j Waterbody Width Riparian Coi and 15' Sett Y USACE Setback Marker Q` Proposed Docking Facility Reconfiguration USACE Navigation Char 166' x 6' Fixed Pier 24' x 4' Fixed Finger Piers (5) / nn' - cc M.,..a.... n....:. ,.da, n....--- o....... MO. p' aav rraoa' Existing M of Mersh USACE ROW USACE Setback 1. 201 a PARCELS FROM NGONEMAP. 2. 2020 AERIAL FROM NCONEMAP. 2021 DRONE IMAGE PROVIDED BY LMG. 3. RIPARAN CORRIDOR DERIVED FROM AVIIA YACHT BASIN SURVEY BOOK 32 PAGE E9, .IANUARY 12. 1999. a. NORMAL HIGH WATER I NTREPRETED FROM AERIAL PHOTOGRAPHY AND APPROVED BY DCM STAFF ON 8/31 t2021. 5. NOT SURVEYED OR ENGINEERED DRAWING, FOR ENVIRONMENTAL PERMITTING ONLY. Legend OUM Edge of Mash Parcel Bauntlary Nannel High Water ^ NHC Tay Parcels 3 Watarbody Wift Rpadan Cpnldor----------- Existing Bulkhead C 1S Selbeck - ------ i z USACE Right cf Way USACE Setback �' Q USACE Navigation Channel DCM STAFF Floating Dods Removed 4120P } Waterbody Width , Existing DoddnB Facility USACE Navigation Channel a e0 9e 1e0 A-YVJiM NYdY'1 omen e..ed.mn e.» tw �� 9ls lnuWnaM F'yNeadres wAo Avila Ave Site Club Or rien Corridor 15' Setback S i Z 3r CAt:1A Buffer iii Iar Outer USACE Setback ?.1i SAV 1-3obv beds (moderate) 'r SAV 3-5 olwbeds ((sparse) 4 IT SAV 11' bM be Aerse) j ? 1+: A F�4�J 1. 2D18 PARCELS FROM NCONEMAP. 2. 2020 AERIALFROM NCONEMAP. M21 DRONE IMAGE PROVIDED BY LMG. 3. RIPARIAN CORRIDOR DERNED FROM AVILA YACHT BASIN SURVEY BOOK 32 PAGE 69, JANUARY 12. 1999. 4. NORMAL HIGH WATER INTREPRETED FROM AERIAL PHOTOGRAPHY AND APPROVED BY Di STAFF ON 8I31=21. S. NOTA SURVEYED OR ENGINEERED DRAWNG. FOR ENVIRONMENTAL PERMITTING ONLY. Legend Oubr Edge d Marsh Parch Boundary �' Nmmel High Water NHO Tat Paicals }Welerbody Width -____ Popeden Odri - Exbtinp eulMuad W setw,* __________ SAVStudy Area - — — — — - — - ^v n USACE Right d WaV AV c1' Otry be05 ®SAV 3S btw bade ® USACE ` y SeWack SAV 13' bav bed, ® SAV bad Z m USACE Navigation Channel x m v � m 2, 1 Normal High High Water (CONFIRMED BY DCM STAFF 8-31-2021) SAV Waterbody Width Riparian Corridor and IS'Setback =DockinqF t+e0 snvRnun. WA. Existing Cuter Edge of Marsh - L11-9_TafMW011A1 Existing Permitted Docking Facility (Fixed Pier with Gazebo, 10 Slips with Boat Lifts and Floating Dock) USACE Setbadx 56. 1T Temporary Loading / Unloading Floating Dock (no deals or ties) j Waterbody Width Riparian Condor and 15' Setback USACE Setback Markar �� Proposed Docking Facility Reconfiouratlon USACE Navigation Channel 166' x 6' Fixed Pier / 24' x 4' Fixed Finger Piero (5) 20' x 6' Floating Dock with Access Ramp 12' x 12' Soal Lifts (10) NOTES: V a) 40 BD Omar Edge or Marsh 1. APPROXIMATE LENGTH OF SHORELINE AT NHW IS 277. NORMAL HIGH WATER APPROVED BY DCM (WaleKlody WiAth --- -- STAFF ON &31/2021. a M.a Ripenan Comdor----------- 2. WATER BODYWIDTH IS APPROXIMATELY 610' la�elV {� wa lFsetbeak----------- 3. RIPARIAN UNES DERIVED FROM AVILA YACHT BASIN SURVEY BOOK 32 PAGE 69, JANUARY 12,1998. M�ia sy` USACE Right of Way 4. NOTA SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.�� nk nro' LMG2i'r� USACE Setback awwiyrrrarr PeaW L•art w.x x..e.. LSACE NNviaabw Channel Temporary Wat Slip T-x xswrAw e.wuaa.va RwelyuY» Ww zarr Existing Outer Edge of Marsh / Existing Covered Gazebo Observed SAV Boundary (Per June 2021 Report) USAGE ROW d f Z e Gry Waterbody Width '- Riparian Corridor Proposed Docking FaclltY Reconflauratlon USAGE Setback Marker 166' x 6' Fixed Pier 24' x 4' Fixed Finger Piers (6) 20' x ITFloating Dock (no deats or ties) with Access Ramp 12' x 12' Boat Ufts (10) USAGE Setback USAGE Navigatlon Channel — and 15' Setback I-N&PId NOTES: D 10 20 M Outer Edge of MeraN 1. APPROXIMATE LENGTH OF SHORELINE AT NMW 19 272'. NORMAL HIGH WATER APPROVED BY DCM }Welerbody Widlh STAFF ON M12p21. 7A- Riperan Cartitlkx-----------2,WATER BODYWIDTH IS APPROXIMATELY 810'.wp18'Setback3. RIPARIAN LINES DERIVED FROM AVILA YAClR BASIN SURVEY BOOK 32 PAGE ae,JANUARY12, 1999.USAGE RIgN[of Way A. NOTA BURVEYED ORENGINEERED DRAWING. FOR ENNRONMENTAL PE0.MITTING ONLY.11MOYfBB�"mter'USAGE Setback�mswpwa.r,.ersl1SACE Navweton CM1ennel Tempawty WNSlpT-Bµpp '�� jar Existing Outer Edge of Marsh Existing Fixed Pier With Gazebo \� ��`� Temporary Loading / Unloading \ ```�\� and Docking Facility \ `` ```�`.� Floating Dock (no cleats or ties) \�`� `�`\ ``•j,` j Waterbody Width Observed SAV Boundary 2h `\ ` (Per June 2021 Report) •� `� `. 32 `. USACE Setback Marker -1 v` e2.0' �as•Td.). '3.5,- Riparian Corridor ` / 'o and lS Setback USACE ROW USACE Setback G Z 3.s• 3.6' 3.& USACE Navigation Channel OVler Etlee a(M!L � D. `•- NOTES: a 20 0 "EdgWOtOfttlY WMth �— Q 1. APPROXIMATE LENGTH OF SHORELINE AT NMW IS 27Z (CONFIRMED BY DCM W31=21), f Q---- -- 2. WATER BODY WIDTH IS APPROXIMATELY 610'. iMGiwa r«xauc wvmtt WA Itlperien CarrMor t�--- 3. WATER DEPTHS PROVIDED BY CLIENT, TAKEN ON 10--2021, 2021 RELATIVE TO NLW. Yf�il 1S Ses0eek--- 4. NOT SURVEYED OR ENGINEERED DRAWING FOR ENVIRONMENTAL PERMITTING ONLY. USACE Right d WaY A _ _ _ _ _ _ BMO�a �pp �_ w1c21.ree USACE Setback WOW Dep6ta X Temporary Wet SILO T-z vosawW.a•""fi°'•ss FahlNp w.woepa a•.•h `OWan•ex s'arr USACE Navigaiion Channel Nen"° pta a'D' r15' Setback ------------- Outer Edge of Marsh o6 )oto Corridor =-_I-__ ^ -------- — ----- � �% s� Existing 20' long x 20' wide covered gazebo (roofline) F Proposed 53' long x 6'wide Fixed Pier Addition �SAV Boundary _mad — 0.6 06 Pwo 0.60 04,0 a ie 04,. c... Grade Pilings per Contractor — (Size, Spacing, Depth) NOTES: Oula,W.' Edge al MenN 1. APPROXIMATE LENGTH OF SHORELINE AT NHW 18 2T2ICONFIRMED BY DCM BI3120211. i Waterpody W 11 2. WATER BODY WIDTH IS APPROXIMATELY 610'. RJPe an COMB r --- --- - -- - 3. WATER DEPTHS PROVIDED BY CLIENT, TAKEN ON 1052021, 2021 RELATIVE TO NLW. 15'SetL ck q, NOTA SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Watercepth X Te,rygary WeI SIIP T-[ 1.ba t 0 Loading / Ur ck (rw cleats 1 A ----i Waterbody Width LDock ed 20' long x 6' wide g / Unloading Floating no cleats or ties) Alto e e_. I -2_ +.� t.io trot.bo Existing Grade 0 e 10 z0 veaw em HM AN YWAA, YW 0 Aw Y wIn NWW RiYA Ww M wA0 N717-111 Setback �s• m 8 6 °----- ------ z °---------------- 3' 4 -0 01 00, i 41?0♦ 8 AO♦ 0 Proposed 166' long x 6' wide Fixed Pier �rr.rT 1 i �6♦ i 1 -0 I I r 1 II I 1 I I II D� D I1D aYJ o.SO o IW o.b D.50 0 )0 0.90 a9D I.Ib I:Ia Pilings per Contractor Existing Grade (Size, Spacing, Depth) Existing Grade L -d - NOTES Outer Edge ofidth 1. APPROXIMATE LENGTH OFSHOREUNEATNHWIS 272'(CONFIRMED SYDCMS/31=1L j iparan Corridor 2. WATER BODY WIDTH IS APPROXIMATELY 610'. Riparen Corridor ----------- 3. WATER DEPTHS PROVIDED BY CLIENT, TAKEN ON 104"021, 2021 RELATIVE TO NI-W. 15, Setback °. NOT A SURVEYED OR ENGINEERED DRAWING, FOR ENVIRONMENTAL PERMITTING ONLY, Weser Depta X TemporaryWet SeD T-z 0 5 to 20 V".1 erM Horlrmbl N NaW RrYe Ww W wM