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HomeMy WebLinkAbout100-14 Aqua Vista Farms LLCPermit Class NEW Permit Number 100-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Aqua Vista Farms LLC c/o Maurice Emmart.100 Auua Vista Drive. Wilmineton, NC 28409 Authorizing development in New Hanover County at Masonboro Sound, Aqua Vista Drive, , Wilmington as requested in the permittee's application dated 8/13/14, including the attached workplan drawings (7), as referenced in Condition No. I of this permit This permit, issued on November 13, 2014 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (7), 1-3 of 7 dated 6/12/14, 4 of 7 dated revised 11/12/14, 5 of 7 dated 4/18114, 6 of 7 dated 4/8/14 and 7 of 7 dated 7/23/14. Dockine Facility 2) Unless specifically altered herein, this permit authorizes the docks, piers and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. 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. (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 shall 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 shall cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. f Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Perrnittee Aqua Vista Farms L LC c/o Maurice Emmart Permit #400-14 Page 2 of 3 ADDITIONAL. CONDITIONS ' • 3) 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. 4) 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. New 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. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 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 permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structures in order to make them more visible during hours of darkness or inclement weather. 8) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 9) In order to ensure no more than 9 boats dock at the authorized facility, the permittee shall physically mark the permitted boatslips. 10) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the docking facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure.. 11) This permit authorizes a maximum of nine (9) formalized boat slips in association with this docking facility. Aqua Vista Farms LLC c/o Maurice Emmart Permit # 100-14 Page 3 of 3 ADDITIONAL CONDITIONS Dophin/Marker Pilings 12) Unless specifically altered herein, the authorized dolphin cluster and marker pilings shall adhere to the alignment depicted on the attached workplan drawings. 13) 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 markers. At a minimum, permanent reflectors shall be attached to the structures in order to make them more visible during hours of darkness or inclement weather. General 14) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 15) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily, outside of the areas indicated on the attached workplan drawings. 16) 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. 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 14-0941. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-01617, which was issued on 10/9/14. OCM MP-1 APPLICATION for Major Development Permit (last revised 1212T 06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Aqua Vista Farms Llc Project Name (if applicable) Emmert Family Basin- Dock Improvements Applicant 1: First Name c/o Mr. Maurice MI Last Name Emmert Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 100 Aqua Vista Drive PO Box City Wilmington State NC ZIP 28409 Country USA Phone No. ext. FAX No. Street Address (if different from above) same as above City State ZIP Email 2. Agent/Contractor Information Business Name Land Management Group Inc. K Agent/ Contractor 1: First Name MI Last Name o AUG (� 9 2��4 Laura Stasavich Agent? Contractor 2: First Name MI Last Name Steve Morrison KM-MDCff Mailing Address PO Box City State 3805 Wrightsville Ave., Suite 15 Wilmington NC ZIP Phone No.1 Phone No. 2 28403 910 - 452 - 0001 ext. ext. FAX No. Contractor # 910 452 0060 Street Address (if different from above) City State ZIP same as above Email Istasavich@lmgroup.net; smorrison@lmgroup.net <Form continues on back> HECEIVED DCM WILMINGTON, NC AUG 13 20i4 252-808-2808 :: 1.888.4RCOAST :: ww w. nccoa sta l management. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover Aqua Vista Drive Subdivision Name City State Zip N/A Wilmington NC 28409 - Phone No. Lot No. (a) (if many, attach additional page with list) N/A - ext. N/A, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project kai"- Masonboro Sound / 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 MManmade ❑Unknown MasonboroSound /AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. New Hanover County (outside City limits) 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) approx. 1,650-Ift along NHW and new bulkhead approx. 14 to 15-acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A -none, I I NWL (normal water leveo (If many lot sizes, please attach additional page with a list) ranges from MHW to —25' MHW ❑NHW or ❑NWL e. Vegetation on tract Vegetation along the waterfront includes typical salt marsh vegetation. Inland portions of the property are maintained in mowed and wooded condition with typical upland vegetation. f. Man-made features and uses now on tract An existing upland basin with a fixed dock and three boat slips, existing entrance channel and open water channel to the AIWW, existing gravel drive, ditches and discharge pipes. RECEIVED 10 g. Identify and describe the existing land uses adlacent to the proposed project site. : AUG 2 9 2W Residential with residential community marinas to north and south. pCM-MOC" In. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes I$No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does f3 involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC AUG 1 3 20i4 252-808-2808 :: 1-888-4RCOAST :: www. nccoastal management. net Form DCM, MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? SYes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? SYes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. No wastewater treatment necessary as no new residential units or bathrooms are proposed. o. Describe existing drinking water supply source. Community system, also Cape Fear Water and Sewer Authority. p. Describe existing storm water management or treatment systems. No existing stormwater management features or treatment systems exist on site. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment SPrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Improved docks within the basin will be utilized by the Emmert family and their guests. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction equipment including pile drivers. Equipment will be stored on upland portions of property when not in use. d. List all development activities you propose. Installation of new Floating docks for a total of nine slips; installation of seven boat lifts; new fixed access platform and gangways; construction of breakwater. No upland work is proposed. New bulkhead and other structures to be completed under CAMA 24-81. New excavation and maintenance dredging in the basin to be done under CAMA 24-81. e. Are the proposed activities maintenance of an existing project, new work, or both? Improvements to Existing f. What is the approximate total disturbed land area resulting from the proposed project? None -all work below MHW ❑Sq.Ft or SAcres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes SNo EINO RECEM that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No direct discharges to waters of the state exist, and none are proposed. AUG 2 9 2014 DC.M-YHDC:TY I. Will wastewater or stonmwater be discharged into a wetland? []Yes SNo ❑NA If yes, will this discharged water be of the some salinity as the receiving water? []Yes []No SNA j. Is there any mitigation proposed? SYes []NO ❑NA If yes, attach a mitigation proposal. p DCM WILMINGTON, NC <Form continues on back> AUG 13 2M 252-808-2808 .. 1-888-4RCOAST .. www. nccoasta lmanagement. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (t) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Adjacent to South: Masonboro Harbour HOA Phone No. Address 5248 Masonboro Harbour Drive, Wilmington, NC 28409 Name Adjacent to North: UNCW Center for Marine Science Phone No. Address 5600 Marvin K Moss Lane, Wilmington, NC 28409-3621 Name Adjacent to North: Mathias Hunoval Phone No. Address 5330 Holt Road, Wilmington, NC 28409 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Permit # 24-81, SEL Property Investors, U.C. 12/13/2013 h. Signed consultant or agent authorization form, 9 applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on I understand that any permit issued in response to this application will allow only lh 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 Print Name Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information rnA!LiG 2 9 2014 S:•DLT=1"Y RECEIVED DCM WILMINGTON, NC AUG 13 20i4 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement. net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PubliGGovemment OPrivate/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (III) Length 329'1" total (iv) Width 6' (v) Floating ®Yes []No e. (i) Are Platforms included? ®Yes ❑No If yes: III) Number 2- new access landings (III) Length S Landing —11' (— 5.5' waterward of bulkhead) N Landing 8' IN) Width S Landing -16' N Landing 8' (v) Floating ❑Yes ®No Nofe: Roofed areas are calculated from dnpline dimensions. g. (1) Number of slips proposed 9 (ii) Number of slips existing 3 (to be removed) I. Check the proposed type of siting: ® Land cut and access channel []Open water; dredging for basin and/or channel []Open water; no dredging required ❑Other; please describe: k. Typical boat length: 40' to 60' ❑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 If yes: (ii) Number 4 (III) Length (2) 48" (1) 50': (1) 60' (iv) Width 5' (v) Floating ®Yes []No f. (i) Are Boatlifts included? ®Yes []No If yes: (ii) Number 7 (iii) Length (2) 12': (3) 14': (2) 17' (iv) Width (2) 12': (3) 16': (2) 18' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ( wet slips") only, number of slips: 9 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open nmabo{)I charter boats, sail boats, mixed types). tFm mixed types AUG 2 9 2014 nCM4,1111DIC" I. (1) Will the facility be open to the general public? tL..C;EiVED DCM WILMINGTON, NC AUG 272014 252-808.2808 :: 1.888.4RCOAST :: www._nceoa_stalmanagement. net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 5 []Yes ®No 12. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: N/A ❑ Showers ❑ Boatholding lank pumpout; Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. There will be no overboard discharges. c. Describe the disposal of solid waste, fish offal and trash. Trash will be disposed of in a trash can on -site or taken off -site for disposal after each use. d. How will overboard discharge of sewage from boats be controlled? Prevention of overboard discharges will be ensured by LLC members. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. One sign at end of floating dock (slip #9). (ii) Give the location and number of "Pumpout Available" signs proposed. No pumpout proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No maintenance activities proposed. g. Where will residue from vessel maintenance be disposed of? No maintenance activities proposed. h. Give the number of channel markers and "No Wake" signs proposed. None i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. No fuel service will be provided RECENM j. What will be the marina policy on overnight and live -aboard dockage? No live -aboard use is anticipated. AUG 2 9 2014 k. Describe design measures that promote boat basin flushing? The basin is existing with CAMA Permit 24-81 allowing for maintenance dredging to 4 MLW. DCM WILMINGTON, NC AUG 1 3 26i4 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) I. If this project is an expansion of an existing marina, what types of services are currently provided? Three boat slips utilized for recreation. No services. in. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes []No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ®Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW Within existino basin along southern edge- 600 soft. ❑SAV ❑SB OWL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the lesseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) 0This section not applicable a. (i) Is the boathouse strucure(s): ❑Commercial ❑PublictGovernment ❑Private/Community III) Number (III) Length IN) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) 0This section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable a. Length 133 Ift piling supported breakwater b. Average distance from NHW, NWL, or wetlands Within open waters of basin. approx. 47' from NHW on eastern side of basin. c. Maximum distance beyond NHW, NWL or wetlands Within open waters of basin. approx. 45' from coastal marsh on eastern side of basin. 6. MOORING PILINGS and BUOYS IWS section not applicable a. Is the structure(s): b. Number 5 pilings AUG 2 9 2014 ❑Commercial ❑Public/Government ®Private/Community pCM-MNDCIRr RECEIVED DCM WILMINGTON, NC AUG 1 3 26i4 252-808-2808 :: i-sea-4RCOAST :: www.nccoastalmanagement.net revised: 12127/06 Form DCM. MP-4, (Structures, Page 4 of 4) c. Distance to be placed beyond shoreline —67' max Note: This should be measured from marsh edge, if present. e. Arc of the swing NIA 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines New docks and breakwater within existing upland basin, approximately 26' to the adjacent upland entrance channel (Helms Port) to north; approximately 1100' by water to Masonboro Harbour upland basin to south. Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body Masonboro Sound > 1000' e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (I) If yes, explain what type and how they will be implemented. d. Description of buoy (color, inscription, size, anchor, etc.) No Buoys -pilings for mooring in slips. b. Proximity of structure(s) to adjacent docking facilities. see 7.a. d. Water depth at waterward end of structure at NLW or NWL maintained to -6' MLW (per CAMA 24-81) & OTHER ®This section not applicable a. Give complete description: Piling cluster dolphin to secure southern end of proposed breakwater. Date Emmart Family Basin -Dock Improvements Project Name Aqua Vista Farms LLC Applicen a e �g4ic, �t% Applicant Signature r'n'A[UG 2 9 Z014 l.-` MD C."!Y RECEIVED DCM WILMINGTON, NC AUG 18 2014 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Boat Ramp per CAMA Permit 24A7 Access Platform Bulkhead Breakwater 01 per CAMA per CAMA / Permit 24-81 Permit 24431 Dolphin Per Permit 24-81 Launching Dock 4': SO' 98'�O 36'e O 60' Bulkhead per= 24' Permit 24-81 STA CLTAMNG STATION IX HOUSE OProposed 7 Lift with T Sip TO O Access Platform PADDLE BOARD STORAGERACK O m ° Proposed m Piling n _ d NAy m9 I50'-6' Oi rY0 O N A m O Proposed Dolphin Oao•-�• so', Ir •I 1 � I 1IIg11 F} B I • • J Maryn�C�'ne Ir✓ �C A�Ra e��2q� pen Emmert Family Basin Dock lmorovements Detail Proposed Docks Bellingham The WaldsMosf I:arnprehen4ve Marina &rider Timber Division s�ue� W W EMMARTS 9 SLIP Wilmington, NC PROPOSED DOCK OPTION III JOB # PS —13T.. —" RMrb¢ May 2], 2030 Drawn by: TSG. Scale: Data: MW20,2014 MIM ML-16 09 Sheet: SR02014 11/12/2014 by LNG JoblNur r 1•KiP 02-1a09e Bx D9 re: Belunnhem 407 U z T.O. PILE ea w ? (D CV W z cyz L U .� 1 A LU N � Q BREAKWATER MARKER U BEYOND T.O. BREAKWATER MARKER T.O. SHEET PILE - --- tO ELEV. = +1.93' NAVD88 -__-- (ELEV. _ +0.5' MHW) MHW = +1.43' NAVD88 NAVD88 = 0.0' p — I MLW = -2.38' NAVD88 i I CMI UC-50 COMPOSITE SHEET PILE ELEV. _ -8.38' NAVD88 I I ELEV. _ -6.0' MLW) ELEV. _ -9.81' MHW) I This detail was provided by Andrew Consulting Engineers for the purposes of CAMA permitting but is not for construction. Project: A Major Permit Application Date: Revision Date: LMG �n3r2ota Emmart Family BasinDock I.ANO NANAGENEM GPOVP e. Improvements Scale: Job Number: Envonmenel (onullenr Title: NTS 02-13-096 3805 Wrightsville Ave.. Suite 15 Typical Breakwater Drawn By: Figure: Wnmington. North Cerdim28403 Detail 7 Of 7 Telephone. 910-452-0001 Howell, Jonathan From: Howell, Jonathan Sent: Thursday, November 13, 2014 11:16 AM To: 'Steve Morrison' Subject: Aqua Vista Farms LLC Go Maurice Emmart 100-14 Hey Steve, I got your phone call and you are correct. The condition placed on the permit is there for areas outside of the previously permitted dredge areas and will not affect the future maintenance of the basin or channel leading to the basin in which these slips were permitted. I will place this email in the file for future reference. If you would like something additional, just let me know. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. �� f, North Carolina Department. of Environment and Natural Resources Pat McCrory Governor November 13, 2014 Aqua Vista Farms, LLC c/o Maurice Emmart 100 Aqua Vista Drive Wilmington, N.C. 28409 Dear Sir or Madam: John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, NC 28557 Phone: (252) 808-2808 \ Internet: htto://Portal.nedenr.org/web/em/ An Equal Opportunity\Affirmative Action Employer— Made in part by recycled paper DCM Coordinator: � Permit #l6 O MAILING DISTRIBUTION SHEET Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City 13 6 Washington �✓ i min on US ACOE Offices: Washington: Ralei d Wilmington: ler CrumbleY Cultural Resources: Renee Gledhill -Early or (en ' =tai:review@ncdcr.gov) Public Water Supply: ne_W-illiams (WIR Joey White (WARD) NC DOT: Ken Pace r— Shellfish Sanitation: atti Fowler State Property: Water Resources: 4Walton e ) Washington: Anthony Scarborough Wilmington: Jo 401 Chad Coburn - 401) .— Wildlife Resources: %%aria Dunn (WARO) LPO: Fax Distribution: Permitee #: Agent #:_ DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Aqua Vista Farms, LLC c% Maurice Emmart COUNTY: New Hanover PROJECT NAME: Aqua Vista Farms Docking Facility Expansion LOCATION OF PROJECT: 100 Aqua Vista Drive, adjacent to Masonboro Sound, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-13-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs n DISTRICT MANAGER REVIEW: 9� 2 B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECT): 8-28-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL *UT DATE: 8-27-14 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: 250 END OF NOTICE DATE: 9-18-14 DEED RE D- ON: Q 150 DAY DEADLINE: STATE DUE DATE: 9-18-14 FED COMMENTS RECD: AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Q-�- 1% ✓ (� YOL Coastal Management - LUP Consistency 10.30-1 Division of Community Assistance Land Quality Section (DENIER) Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office R l7- l y ✓ Division of Archives & History Division of Environmental Health Division of Highways12- Wildlife Resources Commission R8C6 M Local Permit Office i Division of Marine Fisheries / DCM Q 2oi-1y ✓ cc Corps of Engineers C - I $ - 1 �� DC, ,1T11 w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Govemor Secretary September 30, 2014 DWQ Project # 14-0941 New Hanover County Aqua Vista Farms, LLC Mr. Maurice Emmart 100 Aqua Vista Drive Wilmington NC 28409 Subject Property: Emmart Family Basin Dock Improvements — Wilmington RECEIVED NO WRITTEN CONCURRENCE NEEDED OCT 0 014M4 Dear Mr. Emmart, DCM-M"D CRY You have our approval, in accordance with the attached conditions to expand an existing docking facility within an existing boat basin as described in your application received by the N.C. Division of Water Resources (DWR) on September 2, 2014. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3900 (GC3900) are met. This certification may also be viewed on our website at hU://nortal.ncdenr.or web/wq/swp/ws/401/certsandpermits. This Certification allows you to use the Regional General #198000291 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 1617 Mail Service Center, Raleigh, North Carolina 27699-1601N, 4, n L Phone: 919-707-86001 Internet: www.ncdenr.gov .e R cw . An Equal Opportunity 1 Af rmali" Action Employer - Made in pad by recycled paper 2 Emmert Family Basin Dock Improvements ,r New Hanover County 2014-0941 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, a2z ae-'It� Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3900 Certificate of Completion cc: Lara Stasavich — Land Management Group, Inc., 3805 Wrightsville Avenue, Wilmington, NC 28403 Ronnie Smith — USACE Wilmington Field Office Robb Maus — DCM Wilmington Jonathan Howell — DCM Morehead City Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO f 1_ i 3 Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Agent's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: RECEIVED OCT 0 9 1014 DCM-MHD CITY hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 27, 2014 Division of Coastal Management MEMORANDUM: TO: Jessi Baker Fisheries Resource Specialist Division of Coastal Management John E. Skvada, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Aqua Vista Farms, LLC c% Maurice Emmart Project Location: 100 Aqua Vista Dr., adjacent to Masonboro Sound, in Wilm., New Hanover Co. Proposed Project: to expand an existing docking facility within existing boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 1'�� DATE Iz 31j �i RECEIVED .�. AUG 2 9 2014 N.C. Division of Coastal Management %.%M. C" 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395,3964 Internet: www,n000astaimanagement.net An Equal gpporlunity \ Affirmative Amon Employer INCDEE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director MEMORANDUM: TO: Jonathan Howell, DCM Assistant Major Permits Coordinator FROM: Jessi Baker, DCM Fisheries Resource Specialist SUBJECT: 100 Aqua Vista Drive (Aqua Vista Farms, LLC), New Hanover County, NC DATE: September 23, 2014 John E. Skvarla, III Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant is requesting to expand an existing docking facility and construct a breakwater. These waters are designated Primary Nursery Area (PNA). Primary Nursery Areas are essential for post -larval and juvenile species of finfish, crabs, and shrimp because they afford food and protection during a vulnerable period of their life cycle. Hardened structures in the water column can inhibit fish movement, prevent public access, and cause erosion and sedimentation. Although this area will be dredged, I have concerns allowing unnecessary structures in PNA and corralling public trust waters. In addition, I would be opposed to any marina configuration that would cause a shellfishing closure as determined by NCDMF. To minimize impacts to PNA, the breakwater portion of this project should be removed. Please feel free to contact Jessi Baker at (252) 808-2808 ext. 213 or lessi.bakerC@ncdenr.Rov if you have any further questions or concerns. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Alfirrnative Action Employer AMXA r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor 14-D8.2-51 .DI August 27, 2014 Division of Coastal Management MEMORANDUM: TO: Maria Dunn NCWRC WaRO / WiRO John E. Skvarla, III Secretary AUG 2014 RECEIVED Hal CW"rV11l Iteelm FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Aqua Vista Farms, LLC c% Maurice Emmart Project Location: 100 Aqua Vista Dr., adjacent to Masonboro Sound, in Wilm., New Hanover Co. Proposed Project: to expand an existing docking facility within existing boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �� , t'1� DATE 1B .SP_4 2DIS� RHCMVEp SEP 2 2 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington. NC 28405 Phone: 910-796.72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net CMM�CIIY An Equal OpporWrety 1 Afiirmaave Action Employer ;. 4 r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 27, 2014 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NH DEH Shellfish Sanitation Section John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Aqua Vista Farms, LLC c% Maurice Emmart Project Location: 100 Aqua Vista Dr., adjacent to Masonboro Sound, in Wilm., New Hanover Co. Proposed Project: to expand an existing docking facility within existing boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7425 when appropriate, jn-depth corr;Ment� with supporting data is requested. prAMCK REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This\ agency objects to the project for reasons described in the attached comments. SIGNED �� $ lam- JvA r" " ' DATE ® RECEIVED SEP 19 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 mm-m DCITY Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal opportunity 1Affunanve Action Emd%'er y f NC6 R North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary MEMORANDUM TO: Jonathan Howell Division of Coastal Management, NCDENR FROM: Shannon Jenkins Shellfish Sanitation and Recreational Water Quality Division of Marine Fisheries, NCDENR THROUGH: Patti Fowler Shellfish Sanitation and Recreational Water Quality RECEWO Division of Marine Fisheries, NCDENR DATE: September 17, 2014 SEP 18 2014 SUBJECT: Aqua Vista Farms, LLC c/o Maurice Emmart ncv:-tinCTTY 100 Aqua Vista Dr., adjacent to Masonboro Sound New Hanover County The proposed 9-slip dockage facility would be located in waters that are open to the harvest of shellfish. In order to avoid a potential shellfish closure, it is important for the dockage to occur only as designated in the application, and that no overboard discharge occurs from the boats docked there. The application states that the typical sizes of boats will be 40'-60' in length. It also states that no pumpout is proposed and no live -aboard use is "anticipated". With boat slips #8 and #9 being 61' and 80' in length respectively, it is possible that these large slips could be used by more than two boats with the stated typical boat sizes of 40'-60' in length using the slips. Considering the length of these two slips, our calculation of the total number of slips for this facility would be 10. A 10-slip docking facility is not considered a marina according to 15A NCAC 18A .0901 (9) and this alone would not cause a shellfish closure. The larger boats of 40'-60' in length along with no apparent associated upland residences for some slips increase the possibility of overnight boat use. With no pumpout facility, the possibility of overboard discharge is a concern. According to 15A NCAC 18A .0911 (5), "Areas, other than marinas, where boats are moored or docked may be considered on a case -by -case basis with respect to sanitary significance relative to actual or potential contamination and classification shall be made as necessary". In order to avoid a potential shellfish closure, the following permit conditions are requested: • Docking should only occur in the 9 designated slips. If greater than 10 vessels were to use the facility for temporary or permanent dockage, a potential shellfish closure may be 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone:919-707-86M0 Internet: www.nodenr.gov An Equal Opportunity 1 Afinnedve Action Employer- Made in part by recycled paper necessary (or similar as stated in other DCM dockage permits). • The boat slip numbers should be physically located on the docks with paint, sticker, etc. in order to make the slip designations clear. "The construction and/or operation of the authorized facility shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the docking facility shall require that the permittee ,undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure" (or similar as stated in other DCM dockage permits). "No sewage, whether treated or untreated, shall be discharged at any time from 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" (or similar as stated in other DCM dockage permits). A "No Sewage Discharge" sign is located at the facility as stated in the application. With the nearest existin sewage pumpout station believed to be located greater than 5 miles from the proposed dockage facility, an on -site pumpout is recommended. ItECEIVI:D SEP 18 2014 DCM-MHD CITY AYJ . 06, -i North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM TO: Jonathan Howell Division of Coastal Management, NCDENR FROM: Shannon Jenkins Shellfish Sanitation and Recreational Water Quality Division of Marine Fisheries, NCDENR THROUGH: Patti Fowler Shellfish Sanitation and Recreational Water Quality Division of Marine Fisheries, NCDENR DATE: September 17, 2014 SUBJECT: Aqua Vista Farms, LLC c/o Maurice Emmart 100 Aqua Vista Dr., adjacent to Masonboro Sound New Hanover County John E. Skvarla, III Secretary The proposed 9-slip dockage facility would be located in waters that are open to the harvest of shellfish. In order to avoid a potential shellfish closure, it is important for the dockage to occur only as designated in the application, and that no overboard discharge occurs from the boats docked there. The application states that the typical sizes of boats will be 40'-60' in length. It also states that no pumpout is proposed and no live -aboard use is "anticipated", With boat slips #8 and #9 being 61' and 80' in length respectively, it is possible that these large slips could be used by more than two boats with the stated typical boat sizes of 40'-60' in length using the slips. Considering the length of these two slips, our calculation of the total number of slips for this facility would be 10, A 10-slip docking facility is not considered a marina according to 15A NCAC 18A .0901 (9) and this alone would not cause a shellfish closure. The larger boats of 40'-60' in length along with no apparent associated upland residences for some slips increase the possibility of overnight boat use. With no pumpout facility, the possibility of overboard discharge is a concern. According to 15A NCAC 18A .0911 (5), "Areas, other than marinas, where boats are moored or docked may be considered on a case -by -case basis with respect to sanitary significance relative to actual or potential contamination and classification shall be made as necessary". In order to avoid a potential shellfish closure, the fallowing permit conditions are requested: • Docking should only occur in the 9 designated slips. If greater than 10 vessels were to use the facility for temporary or permanent dockage, a potential shellfish closure may be 1601 Mail Service Center, Raleigh, North Carolina 27699.1601 Phone: 919-707-66001 Internet: wmv.ncdenr.gov An Equal opportunllylAlfirmaGve Action Employer — Made In part by recycled paper necessary (or similar as stated in other DCM dockage permits). • The boat slip numbers should be physically located on the docks with paint, sticker, etc. in order to make the slip designations clear. "The construction and/or operation of the authorized facility shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the docking facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure" (or similar as stated in other DCM dockage permits). "No sewage, whether treated or untreated, shall be discharged at any time from 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" (or similar as stated in other DCM dockage permits). • A "No Sewage Discharge" sign is located at the facility as stated in the application. With the nearest existin sewage pumpout station believed to be located greater than 5 miles from the proposed dockage facility, an on -site pumpout is recommended. Parcel Identifier 2013033177 FOR REGISTRATION REGISTER OF DEEDS TANNY THEUSCH aEASLEY NEW HANOVER COUNTY, NC 2013 SEP 12 12; 27:36 PM BK:5768 PG:2964-2968 FEE:$26.00 INSTROMENi 12013033177 NORTH CAROLINA SPECIAL WARRANTY DEED by County on the _ day of zu_ Mail/Box to: This instrument was prepared by, Saffo Law Firm, P.C. 5900—B Oleander Dr., Wilmington, NC 28403 Brief description for the Index: 94.39 acres Masonboro Loop Road THIS DEED made this 3C�day of _ ganA t , 2011 by and between SAYWR'S WATCH DEMDPlHiRI:, INC.. a North Carolina corporation UKAN I KC AQUA VISTA FARKS. LLC, a North Carolina limited liability company 99 Aqua Vista Way Wilmington, NC 28409 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that 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 fee simple, all that certain lot or parcel of land situated in the City of Township, New HanoveCounty, North Carolina and more particularly described as follows: RECEIVED ALL OF THE GRANTOR'S RIGHT, TITLE, AND INTEREST IN AND TO THAT CERISEP PROPERTY SHOWN AND DESCRIBED IN EXHIBIT A ATTACHED HERETO AND INCORPORATED 17 2014 BY REFERENCE. Lt The property hereinabove described was acquired by Grantor by instrument recorded in Book 5679 page 1383 '3!; ,tinJDC�TTy A map showing the above described property is recorded in Plat Book _ —_page Retumed To NC Bar Association Form No. 6 ® 1977, 2002 Block,CrOuch,Keeter,Behm, xoams & Co., Inc. Printed by Agreement with the NC Bar Association —1981 wwv.JamesWil i�ms.com AUG 13 2614 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. SAYIDR'S WATCH DEVELOPMENT, INC. MAD (Entity Name) By: -"AW� —9 rJ/_Lrt /111®Lul D l lam) Title: President State of North Carolina - County of, I, the undersigned Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness myhand andNotarial stamp or seal this _day of ,20 . My Commission Expires: Notary Public State of North Carolina - I, the undersigned Notary Public of the County an fate a re aid, certify that ✓9 came before me this day and acknowledged that he is the 1 Y P 4t o North Carolina or corporationfli -'!ad 'i -illp,laerslti inapplicable), and that by authority duly given and as the act of such entity, he rgned the behalf as its act and deed. Witness my hand and Notarial stamp or seal, this bV of _ My Commission Expires: 5 011 State of North Carolina - County of s - e •tra I, the undersigned Notary Public ofthM alhMiq My Commission Expires: Public in its name on its or seal, this _day of 20_. Notary Public The foregoing Certificate(s) of istare certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County Deputy/Assistant - Register of Deeds NC Bar Association Form No. 6 0 1977, 2002 Printed by Agreement with the NC Bar Association -1981 James Williams & Co., Inc. s=tECENED www.JamesWilliams.com DCM WILMINGTON, NC AUG 13 2014 BXHIBIT A BEGINNING at a point in the eastern right of way line of Masonboro Loop Road (S.R. #1492, 60 foot right of way), said point being located South 61 degrees 34 minutes 30 seconds East 60.0 feet and North 28 degrees 25 minutes 30 Seconds East 842.82 feet from the point of intersection of the western right of way line of Masonboro Loop Road with the centerline of Barton Oaks Drive; said point marking the northwestern corner of the property herein being described, as shown on a Preliminary Plan for Lucille W. Emmart Trust, prepared by Jack G. Stocks, RLS, and dated June 1995 (herein "the Survey"), to which reference is hereby made. Running thence from said beginning point South 64 degrees 33 minutes 55 seconds East 1.46 feet to a point which marks the southwestern corner of the lot conveyed to Victor Brown, Jr, in Book 1077, Page 186, of the New Hanover County Registry. Thence continuing South 64 degrees 33 minutes 55 seconds East 1170.23 feet to a point. Running thence North 32 degrees 00 minutes 40 seconds East 12.68 feet. Thence North 13 degrees 42 minutes 40 seconds East 121.45 feet. Thence North 02 degrees 13 minutes 40 seconds East 123.38 feet to a point in the southern line of a 15 foot road. Running thence with the Southern line of said 15 foot road, South 64 degrees 01 minute East 733.78 feet to a point in the. line of the Smithie W. Cook lands (Tracts 1 and 2, Book.1320, Page 386, of the New Hanover County Registry). Running thence South 26 degrees 30 minutes 45 seconds West 239.95 feet to a point which marks the southwestern corner of said Smithie W. Cook lands. Running thence South 64 degrees 28 minutes 30 seconds East 702.46 feet to a point. Thence South 63 degrees 17 minutes 35 seconds East 785.10 feet to a point in the edge of the Masonboro Sound. Running thence with the edge of the Masonboro Sound, the following courses and distances: South 40 degrees 56 minutes 55 seconds West 224.50 feet, South 20 degrees 11 minutes 45 seconds West 129.36 feet, South 32 degrees 41 minutes 40 seconds West 193.59 feet, South 22 degrees 31 minutes 45 seconds West 221.46 feet, South 16 degrees 36 minutes 15 seconds West along the edge of Masonboro sound to a point where the northern edge of the boat basin as shown in the Survey touches the edge of Masonboro sound, South 71 degrees 18 minutes 55 seconds West 65.65 feet to a point where the southern edge of said boat basin touches the edge of Masonboro Sound, and South 21 degrees 20 minutes 14 seconds west 240.36 feet to a point which marks the northeastern corner of Masonboro Harbour (Map Book 31, Page 202,-of the New Hanover County Registry) and which is also the southeastern corner of RECEIVED ID P 17 2014CM-M MCrry 'AJILMINGTON, NG AUG 13 2ui4 the land herein described. Thence, turning away from Masonboro Sound and running North 59 degrees 33 minutes West 3329.44 feet to a point in the eastern right of way line of Masonboro Loop Road, said point marking the northwestern corner of Masonboro Harbour (Map Book 31, Pages 200-202, New Hanover County Registry) and also being the southwestern corner of the land herein described. Running thence along the eastern right of way line of Masonboro Loop Road North 28 degrees 25 minutes 30 seconds East all the way to the point of BEGINNING. Containing approximately 94.39 acres more or less. The description recited above is based on the Survey which is incorporated herein by reference and made a part hereof. This is also the same property described in that deed from Maurice S. Emmart, Jr. and wife, Patricia G. Emmart to Aqua Vista Farms, LLC, recorded in Book 3153, Page 708, of the New Hanover County Registry.' SAVING AND EXCEPTING FROM THE FOREGOING TRACT OF LAND all of that certain tract of land conveyed to Maurice S. Emmart, Jr. and wife, Patricia G. Emmart, by deed recorded in Book 1090, Page 273, of the New Hanover County Registry, together with the 30 foot easement for ingress and egress from said lot to Masonboro Loop Road as described in said deed. The tar parcel no. of the property herein conveyed is: R07600-003-014-000 _ M WILMINGTON, NO AUG 15 2614 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 14111f\iRRMttRi\XRhtlhi4fhhiiihiftliltRMffffflif11R1tRf tt4if Y4ifitffRMRNfftlRifiRihi444RR11Ri4ftff11RMf41Mfittff Rlt Filed For Registration: 091121201312:27:36 PM Book: RE 6768 Page: 2964-2968 Document No.: 2013033177 5 PGS $26.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT *2013033177* 2013033177 SEP 17 2014 RECEIVED 0CM WILMINGTON, NC AUG 13 2014 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Aqua Vista Farms, LLC c/o Mr. Maurice Emmart LOCATION OF PROJECT SITE: 100 Aqua Vista Drive (Aqua Vista Farms), adjacent to Masonboro Sound, in New Hanover County. Photo Index - 2006: 22-7418:V-7 2000: 22-267: V-8 1995: 22-249: U-21 State Plane Coordinates - X: 2342948 Y: 142761 GPS - 0-090412A Latitude: 34008'12.70435"N Longitude: 77052'00.35454"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 06/16/2014 Was Applicant Present -Yes (agents) 5. PROCESSING PROCEDURE: Application Received - 08/13/2014 (completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover Co. Land Classification From LUP - Resource Protection (B) AEC(s) Involved: ORW, EW, PT Water Dependent: Yes (D) Intended se: Residen (E) Wastewater rea ment: Existing - Septic Planned - N/A (F) Type of Structures: Existing -Single-family residence, boat basin, access channel and private docking facility Planned - Expansion of existing docking facility and construction of timber breakwater ------ - (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] nRFDGFD FILLED OTHER (A) Vegetated Wetlands (coastal and §404 wetlands) (B) Non -Vegetated Wetlands (Open water) 5,556 sq. ft. and 133 sq. ft. (C) Other (Highground) UCLIWD "' �h (D) Total Area Disturbed: - 5,689 sq. ft. (-0.13 acres) "Tl pAv 11j CITY (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW (Masonboro Sound) Open: Yes (Masonboro Sound) (G) Estimated Annual Rate of Erosion: N/A Source - N/A 8, MARY;e applicant proposes to expand an existing private docking facility within an existing boat basin. �� Aqua Vista Farms, LLC c/o Mr. Maurice Emmart Page 2 9. PROJECT DESCRIPTION: The project site is located at 100 Aqua Vista Drive, off Masonboro Loop Road in New Hanover County. The property is adjacent to the Atlantic Intracoastal Waterway (AIWW)/Masonboro Sound and is the location of Aqua Vista Farms previously owned and operated by the Emmart family. The project site is bordered to the north by residential properties and UNCW's Center For Marine Science, and to the south by Masonboro Harbour Subdivision. To locate the property traveling south on College Road, take a left onto Mohican Trail and travel east approximately 1.3 miles. Turn right onto Masonboro Loop Road and travel south for approximately 0.8 miles until you reach the entrance of the new Helms Port Subdivision, which will be located on the left. Turn left on Aqua Vista Drive and travel east on Aqua Vista Drive for approximately 0.5 miles until it terminates at the property of interest. The high ground property is approximately 15 acres and the elevation of the property is approximately 25' above mean high water (MHW). Existing highground development on the property includes a single-family residence, an existing boat basin with an access channel to the AIWW and a concrete boat ramp located on the northwestern portion of the existing basin. The applicant currently maintains an existing docking facility on the southern portion of the basin, which consists of an uncovered platform, floating dock and boatlift, which currently accommodates up to three (3) slips specifically for the Emmart family (See sheets 1 through 3 of 7 and Project Narrative). Highground vegetation consists of hardwoods and other woody species including: Oak, Pines, Cedar and Dogwood. Vegetation bordering the southern highground area of the property consists primarily of §404 type and coastal wetlands vegetation including: Wax Myrtle (Myrica cerifera L.), Marsh -elder (Iva frutescens), Grounsel-bush (Baccharis halimifolia), Sea Oxeye (Borrichia frutescensl, Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina alterniffora). The vegetation within the existing boat basin consists of a narrow fringe of coastal wetlands, which consists primarily of Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina aitemiflora). Permit History: Mr. Maurice Emmart, Jr. was issued State Permit No. 24-81 on February 20, 1981 for maintenance excavation of an existing boat basin and access channel to the AIWW/Masonboro Sound to a final project depth of -6' @ mean low water (MLW). State Permit No. 24-81 also authorized the placement of the excavated material to be located on the Emmart property on the northwestern side of the boat basin. State Permit No. 24-81 Fifth renewal was on. December 5, 2008 and was due to expire on December 31, 2013; however, was subject to extension by the Session Law 2009-406, and as amended by Session Law 2010-177, the Permit Extension Act. State Permit No. 24-81 was recently transferred to SEL Property Investors, LLC on December 13, 2013 and is due to expire on December 31, 2017. The developer for the new subdivision has recently received a Major Modification to State Permit No. 24-81 on May 9, 2014, which authorized a new 159 residential subdivision with an associated 75-slip upland marina basin and amenity facilities, which is currently under construction. The Emmart family still maintains the southern portion of the existing boat basin and an existing private docking facilitywithin it through an easement agreement with the applicant. The Joint City of Wilmington and New Hanover County 2006 Land Use Plan Update classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. In the project area, the waters of Masonboro Sound are classified as SA-ORW by the NC Division of Water Quality, and they are OPEN to the harvest of shellfish. These waters ARE designated as a Primary Nursery Area (PNA), by the Division of Marine Fisheries. Aqua Vista Farms, LLC c/o Mr. Maurice Emmert Page 3 PROPOSED PROJECT: The applicant proposes to expand an existing privatedocking facility within an existing boat basin. Onge the existing docking facility is removed and the existing Emmart basin ismaintained to the -6' @ mean low water (MLW) depth, and the shoreline is stabilized perthe recent Major Modification to State Permit No. 24- 81, the applicant proposes to construct a new uncovered platform, measuring approximately 12' in length by 16' in width to replace the existing uncovered platform. An access ramp would then lead onto a new floating dock, measuring approximately 142' in length by 6' in width would be located along the face of the new bulkhead on the most southern end of the existing Emmart basin. The floating dock would then continue along the face of the new bulkhead along the most western end of the Emmart basin a distance of approximately 187', which would lead to another access ramp and landing platform. Four (4) finger piers, each measuring from approximately 48' to 60' in length by 5' in width and approximately 26' to 48' apart would extend perpendicular from this floating dock towards the existing boat basin. Seven (7) boatlifts, each measuring from approximately 12' in length by 12' in width to 17' in length by 18' in width would be located between the floating finger piers. The proposed new configuration would accommodate up to nine (9) formalized slips within the existing boat basin for vessels ranging from 40' to 60' in length. The applicant also proposes to con get aewA4nb brealw^'erwithin the central portion of the existing boat basio..rneasuring approximately 113 linear feet. The application states the proposed breakwaterwould replace the authorized two (2) buoys and one (1) cluster of dolphin pilings, which designated the location of the authorized entrance channel and boat -ramp within the central portion of the shared existing boat basin. The application states the proposed breakwater would be the same design as previously authorized on the eastern side of the existing shared boat basin under State Permit No. 24-81. The application also states that kayaks, canoes and other small vessels exiting the Helms Port marina may not be easily seen from the proposed slips of the Emmart docking facility due to the angle of the channel; Further, the application states the piling -supported, vertical structure would utilize minimum public trust bottom and would have reflectors along the pilings for visibility at night (See Sheets 1 through 7 of 7 and Project Narrative). 10. ANTICIPATED IMPACTS: The proposed new docking facility would incorporate approximately 5,556 sq. ft. of Estuarine Waters and Public Trust Area. As proposed, the new docking configuration would accommodate up to nine (9) permanent vessels. The proposed breakwater along the central portion of the basin would incorporate approximately 133 sq. ft. of Estuarine Waters and Public Trust Area. Minor turbidity increases may be expected during the construction process. rSE UCEP&D P 17 2014 Submitted by: Robb L Mairs Date: 08/26/2014 Office: Wilmington Project Narrative CAMA Major Permit Application 8113/2014 Emmert Family Basin, Dock Improvements Aqua Vista Drive New Hanover County, N.C. Aqua Vista Farms, LLC, Applicant Aqua Vista Farms, LLC is applying for a CAMA Major Permit to make improvements to docks and boat slips within their existing upland boat basin located at the end of 100 Aqua Vista Drive, New Hanover County, NC (referred to as the Emmart family basin in this application). The man-made, basin and an open water entrance channel connecting the basin to the AIWW/Masonboro Sound was permitted and maintained under CAMA Permit 24-81. The basin and surrounding property has been owned by the Emmart family and utilized primarily by family members. The family recently sold land adjacent to the boat basin to SEL Property Investors, LLC but maintained approximately 15 acres of upland and the existing boat basin under the ownership of Aqua Vista Farms, LLC. The existing and valid CAMA Permit 24-81 was transferred to SEL Property Investors, LLC who obtained a major modification in December 2013 for construction of a new upland marina basin north of the subject property (now known as Helms Port). The major modification of CAMA Permit 24-81 authorized construction of an upland basin marina that will use the existing open water entrance channel and boat basin to access the new marina. SEL Property Investors, LLC also obtained approval for improvements to the Emmert family boat basin as part of the December 2013 modification of CAMA Permit 24-81. Currently the Emmart family boat basin contains a fixed dock and three boat slips. CAMA Permit 24-81 authorized the following improvements: (1) a new boat ramp at the northwestern corner of the basin (2) new breakwaters along the northern and eastern edges (3) a new bulkhead along the western and southern basin edges with excavation for expansion of the basin (4) two buoys and a dolphin, and (4) two jetties along the open water channel. SEL Property Investors, LLC will also perform maintenance dredging in the open water channel and existing boat basin to a depth of-6' MLW. Work requested in this application is limited to the construction of new docks and slips within the Emmart family basin. Aqua Vista Farms, LLC requests a new CAMA Major Permit for the construction of nine boat slips to be accessed by new fixed platforms and floating docks. The existing fixed dock and all existing slips will be removed. Seven of the nine slips will contain lifts and will range in size from 48' to 80' in length. The ninth slip will provide side -to dockage totaling approximately 81' in length. No more than nine slips will be docked in the basin at anytime. A 133' long piling -supported breakwater is requested to replace the buoys approved in CAMA Permit 24-81. The breakwater will be the same design as that previously approved for the eastern side of the basin under CAMA Permit 24-81 and is requested to provide a safe separation between boat traffic utilizing the Helms Port entrance channel. Kayaks, canoes and other small vessels exiting the Helms Port marina may not be easily seen from the proposed slips due to the angle of the channel. The piling -supported, vertical structure will utilize minimal public trust bottom and will have reflectors along the pilings for visibility at night. No upland development is proposed. All work will involve the construction of docks below MHW. No new built upon area is proposed, and no grading is proposed. RECEVED, rSEP 17 2014 RECEIVED Mp"IMPitVINGTQN, NC AUG 1 3 1014 DCM MP-1 APPLICATION for Major Development Permit (last revised 12!27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Aqua Vista Farms Llc Project Name (if applicable) Emmert Family Basin- Dock Improvements Applicant 1: First Name cJo Mr. Maurice MI Last Name Emmert Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 100 Aqua Vista Drive PO Box City Wilmington State NC ZIP 28409 Country USA Phone No. ext. FAX No. Street Address (d different from above) same as above City State ZIP Email 2. Agent/Contractor Information Business Name - Land Management Group Inc. Agent/ Contractor 1: First Name MI Last Name Laura Stasavich Agent/ Contractor 2: First Name MI Last Name Steve Morrison Mailing Address PO Box City State 3805 Wrightsville Ave., Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910. 452 - 0001 ext. ext. FAX No. Contractor A 910 452 0060 Street Address (if different from above) City State ZIP same as above SEP 17 20 Email 4 Stasavich@lmgroup.net; smorrison@lmgroup.net DOMM Cr <Form continues on back> HEUEIVEE) DCM WILMINGTON, NC AUG 13 26i4 252.808-2808 :: 1.888-4RCt2/lSa ,: www.nccoastalmenagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3.. Project Location, - County (can be multiple) Street Address Stale Rd. # New Hanover Aqua Vista Drive Subdivision Name City State Zip N/A Wilmington NC 28409- Phone No. Lot No.(s) (if many, attach additional page with list) N/A - ext. N/A, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project MasonboroSound /AIWW 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 MasonboroSound /AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes ®No work falls within. New Hanover County (outside City limits) 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) - approx. 1,650-Ift along NHW and new bulkhead approx. 14 to 15-acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A -none, I I NWL (normal water level) (if many lot sizes, please attach additional page with a list) ranges from MHW to —25' MHW ❑NHW or ❑NWL e. Vegetation on tract Vegetation along the waterfront includes typical salt marsh vegetation. Inland portions of the property are maintained in mowed and wooded condition with typical upland vegetation. f. Man-made features and uses now on tract An existing upland basin with a fixed dock and three boat slips, existing entrance channel and open water channel to the AIWW, existing gravel drive, ditches and discharge pipes. g. Identify and describe the existing land uses adlacent to the proposed project site. Residential with residential community marinas to north and south. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by.whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM bVILMINGTON, NC AUG 1 3 2A 252-808-2806 :: 1-888-4RCOAST :: www. nccoastalmanagement. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. No wastewater treatment necessary as no new residential units or bathrooms are proposed. o. Describe existing drinking water supply source. Community system, also Cape Fear Water and Sewer Authority. p. Describe existing storm water management or treatment systems. No existing stormwater management features or treatment systems exist on site. & Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublidGovemment ®Private/Communty b. Give a brief description of purpose, use, and daily operations of the project when complete. Improved docks within the basin will be utilized by the Emmert family and their guests. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction equipment including pile drivers. Equipment will be stored on upland portions of property when not in use. d. List all development activities you propose. Installation of new floating docks for a total of nine slips; installation of seven boat lifts; new fixed access platform and gangways; construction of breakwater. No upland work is proposed. New bulkhead and other structures to be completed under CAMA 24-81. New excavation and maintenance dredging in the basin to be done under CAMA 24-81. e. Are the proposed activities maintenance of an existing project, new work, or both? Improvements to Existing f. What is the approximate total disturbed land area resulting from the proposed project? None -all work below MHW ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No direct discharges to waters of the state exist, and none are proposed. rEPi. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA. If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ®Yes ❑No ❑NA If yes, attach a mitigation proposal. <Form continues on back> FlEefffV-ED DCM WILMINGTON, NC AUG 132A' 252-608-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement. not Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information, In addition to this completed applicahodform (MP-1)'the following items below, if applicable, must be submitted in order for the application package to be complete.Items (a) - (0 are always applicable to any major development applicaion. Please consult the application instruction booklet on how to properly prepare therequired items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Adjacent to South;. Masonboro Harbour HOA .<„ ,. 'Phone No. Address 5248 Mesonboro Harbour Drive,' Wilmington, NC 28409; • ` - ... Name Adjacent to North: UNCW Center for Marine Science Phone No. Address 5600 Marvin K Moss Lane, Wilmington, NC 28409-3621 Name Adjacent to North: Mathias Hunoval • Phone No... Address 5330 Holt Road, Wilmington, NC 28409 - - g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. CAMA Permit # 24-81, SEL Property Investors, LLC. 12/13/2013 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Cectification,and Permission to Enter"on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 13ZhiUJfiAlif Print Name tA-'1rX f1;tf44?l AW--r cfeX11- Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NO AUG 13 2614 252.808.2808 :: 9-888.4111COAST :: www. nccoastal management. net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commerclal ❑PublicJGovemment ®Pdvate/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or pier(s) d. () Are Finger Piers included? ®Yes ❑No (ii) Number 1 If yes: (III) Length 329'1" total (ii) Number 4 (iv) Wdlh 6' (iii) Length (2) 48" (1) 50` (1) 60' (v) Floating ®Yes []No (iv) Width 5' (v) Floating ®Yes []NO e. (i) Are Platforms included? ®Yes ONO f. (1) Are Boatlifts included? ®Yes ONO If yes: If yes: (ii) Number 2- new access landings (ii) Number 7 (ii) Length S Landing —11' (— 5 5' watetward of bulkhead) (III) Length (2) 12" (3) 14` (2) 17' N Landing 8' (M Width (2) 12' (3) 16': (2) 18' (iv) Wdth S Landing -16' N Landing 8' (v) Floating []Yes ®No Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 9 ❑ Full service, including travel lift and/or rail, repair or — (ii) Number of slips existing maintenance service ❑Dockage, fuel, and marine supplies 3 (to be removed) ® Dockage (*vet slips") only, number of slips: 9 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: 1. Check the proposed type of siting: ® Land cut and access channel []Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: 40' to 60' j. Describe the typical boats to be served (e.g., charter boats, sail boats, mixed types). mixed types SEP 17 2014 Dcm-mCPfY I. (1) Wit the facility be open to the general public? D DCM WILMINGTON, NC AUG 272014 252-808.2808 :: 1-888.4RCOAST :: www.riacoastaimanauement.net revised: 12/27/06 FairmTu ©CRM WJP-4 (Stmctmres, Page 2 of 6) m. (i) Will the facility have tie pilings? ®Yes [--]No (ii) If yes number of tie pilings? 6 ❑Yes ®No 2. DOCKING'FACILITY/MARINA OPERATIONS OThis section not applicable`'I a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: N/A ❑ Showers ❑ Boatholding tank pumpout; Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. There will be no overboard discharges. C. Describe the disposal of solid waste, fish offal and trash. Trash will be disposed of in a trash can on -site or taken off -site for disposal after each use. d. How will overboard discharge of sewage from boats be controlled? Prevention of overboard discharges will be ensured by LLC members. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. One sign at end of floating dock (slip #9). (ii) Give the location and number of "Pumpout Available" signs proposed. No pumpout proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No maintenance activities proposed. g. Where will residue from vessel maintenance be disposed of? No maintenance activities proposed. h. Give the number of channel markers and "No Wake" signs proposed. None i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. No fuel service will be provided j. What will be the marina policy on overnight and live -aboard dockage? No live -aboard use is anticipated. k. Describe design measures that promote boat basin flushing? The basin is existing with CAMA Permit 24-81 allowing for maintenance dredging to -6' MLW. k7— IVY DCM WILMINGTON, NC AUG 1 3 1014 252-808.2808 :: 9-8e8.41RICOAST :: vvvuw.nccoastalrnanaaement.net revised: 12/27/06 Vub.rm 0C M MP-4 (Structures, Page 3 of 4) I. If this project is an expansion of an existing marina, what types of services are currently provided? Three boat slips utilized for recreation. No services. m. Is the manna/docking facility proposed within a primary or secondary nursery area? ®Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ®Yes []No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. NCW Within existino basin along southern edge- 600 soft. ❑SAV ❑SB ❑WL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public(Governmenl ❑Private/Community (ii) Number _ (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable a. (i) Number _ (it) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) [I This section not applicable a. Length 133 Ift piling supported breakwater b. Average distance from NHW, NWL, or wetlands - Within open waters of basin, approx. 47' from NHW on eastern side of basin. c. Maximum distance beyond NHW, NWL or wetlands Within open waters of basin approx. 45' from coastal marsh on eastern side of basin. & MOORING PILINGS and BUOYS ❑This section not applicable a. Is the structure(s): b. Number 5 pilinas ❑Commercial ❑PublictGovemment ®Private/Community RECEIVED RECEIVED rSEP 1 7 2C'4 DCM WILMINGTON, NC AUG 13 2014 ��rittmrttiw 252-808.2808 :: 1.88&4RCOAST :: www.nccoostalmanagamsnt.not revised: 12127/06 Foram ®ClM RN P-4 (stvulctmresr Page @ of 4) C. Distance to be placed beyond shoreline —67' max Note: This should be measured from marsh edge, if present. e. Arc of the swing N/A 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines New docks and breakwater within existing upland basin, approximately 26' to the adjacent upland entrance channel (Helms Port) to north; approximately 1100' by water to Masonboro Harbour upland basin to south. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Masonboro Sound > 1000' (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Description of buoy (color, inscription, size, anchor, etc.) No Buoys -pilings for mooring in slips. b. Proximity of structures) to adjacent docking facilities. see 7.a. d. Water depth at waterward end of structure at NLW or NWL maintained to -6' MLW (per CAMA 24-81) 8. OTHER This sectiomnot applicable, a. Give complete description: Piling cluster dolphin to secure southern end of proposed breakwater. Applicant. Signature RECEIVED DCM WILMINGTON, NC AUG i82014 252-808-2808 :: 1.888.4RC®AST :: wnxw.nccoastairnanaaement.net revised: 12127/06 T.O. PILE Q Z Ill 0 --- 5 > n N ��Uj BREAKWATER MARKER BEYOND T.O. BREAKWATER MARKER T.O. SHEET PILE ----- O BEV. _ +1.93' NAVD88 --_-- (ELEV. _ +0.5' MHW)—� MHW = +1.43' NAVD88 i i i NAVD88 = 0.0' i 1 I I I MLW = —2.38' NAVD88 i 1 I i i i 1 CMI UC-50 I COMPOSITE SHEET PILE ELEV. _ —8.38' NAVD88 i i ELEV. _ —6.0' MLW) I ELEV. _ —9.81' MHW) I I This detail was provided by Andrew Consulting Engineers for the purposes of CAMA permitting but is not for construction. Project: CAMA Major Permit Applicatlon Date: Revision Date: \LMG Emmert Family Basin �n3rzoia LAND WNAGUMMOUP—Dock Improvements Scale: o Number: `""„"'"•"„""",""'", Title.N TS 02-13-096 38O5 WwAve., SudsTypical Breakwater Drawn By: Figure:Wilmington, Wilmington, North North Catalina 2 Detail ' of 7 one Teleph: 91P452-0OOl NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary RECEIVED August 27, 2014 AUG 2 R 2014 Division of Coastal Management DOA MEMORANDUM: STATE PROPERTY OFFICE TO: Tim Walton Dept of Administration State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Aqua Vista Farms, LLC c% Maurice Emmart Project Location: 100 Aqua Vista Dr., adjacent to Masonboro Sound, in Wilm., New Hanover Co. Proposed Project: to expand an existing docking facility within existing boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. his agency ncy has no comment on the proposed project. SIGNED 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 l V `'4 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanagement.net rliECEIVLp n P 17 2014 CY-Mary An Equal Oppodunlly \ Aflinnahve Acbm Employer e�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 27, 2014 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO ECEIVE AUG 21 2014 BY: John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Aqua Vista Farms, LLC c% Maurice Emmart Project Location: 100 Aqua Vista Dr., adjacent to Masonboro Sound, in Wilm., New Hanover Co. Proposed Project: to expand an existing docking facility within existing boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE ILI DATE r 2 2,z�134 ,,. IiLCklV;rp SEP 16 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-MOCrrY Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.necoasialmanaaement.net An Equal Opportunity 1 Alfirmafive Action Employer Howell, Jonathan From: Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mill Sent: Wednesday, September 03, 2014 2:01 PM To: Howell, Jonathan; Mairs, Robb L Cc: Coburn, Chad Subject: Maruice Emmart Docling Facility, 100 Aqua Vista Drive (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE I received the application for this project on August 29, 2014. This project will be processed as a GP 291. The AID # for this project is SAW-2014-01617. Ronnie D. Smith Project Manager US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Phone: (910) 251-4829 Fax: (910) 251-4025 Email: ronnie.d.smith(@usace.armv.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://regulatorV.usacesurvey.com/. Thank you for taking the time to visit this site and complete the survey. Classification: UNCLASSIFIED Caveats: NONE 1 NiC®ENR P I` tth Carolina Department of Environment and Natural Resources-. Pat McCroryJohn E. Skvarla, III Governor " Secretary ,August 27,,2014 Q It -a-_ s. W Division of Coastal Management P1 MEMORANDUM: h - Nfvo ., 6t TO: Renee Gledhill -Early Dept. of Guttural Resources Archives & History FROM: 1 nathan'Howell, NO DENR-DCM Assistant Major Permits.Coordinator 400 Commerce Ave., Morehead City, NO 28557 (Courier 11-12.09), SUBJECT: CAMA Major Permit Application Review Applicant: Aqua Vista Farms, LLC c% Maurice Emmart Project Location: 100 Aqua Vista Dr., adjacent to Masonboro Sound, in Wilm., New Hanover Co. . Proposed Project:, to expand an existing docking facility.within existing boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed. project, contact Robb Mairs at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: ,This agency has no objection to -the project as proposed. __-V,-This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in'the attached comments. SIGNED ' DATE •I �f N.C: Division of Coastal Management 127 Cardinal Dove Ext., 4M1ilrninVon. NC 26405 Phone: 910-796.72151 FAX: 910.395.396 Internet: vnv,v:nccoasta'manaocmrnt.nol An En] Cp.%I AI.,WU gnatea A=" ETVvm SEP 0 2 2014 NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 27, 2014 Division of Coastal Management MEMORANDUM: TO: Mark -Zeigler WiRO Division of Community Assistance John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Aqua Vista Farms, LLC c% Maurice Emmart Project Location: 100 Aqua Vista Dr., adjacent to Masonboro Sound, in Wilm., New Hanover Co. Proposed Project: to expand an existing docking. facility within existing boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has, no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the. attached comments. SIGNED IM A0A 14 G DATE Sly N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.7215\ FAX: 910-395-3964 Internet: www.nccoastalmanagdment.net An Equal Opportunity\ABirmative Action Employer Aj'; NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 27, 2014 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Aqua Vista Farms, LLC c% Maurice Emmart Project Location: 100 Aqua Vista Dr., adjacent to Masonboro Sound, in Wilm., New Hanover Co. Proposed Project: to expand an existing docking facility within existing boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED zl=:z DATE/Z4��Zor'i REMWED SEP 0 b 2014 N.C. Division of Coastal Management 127 Cardinal Dive Ext., Wilmington, NC 28405 IDCAf.mm , Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.nel An Equal Opportunity \ Affirmative Action Employer r r SEP 0 4 20f , NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Governor Secretary August 27, 2014 Division of Coastal Management MEMORANDUM: TO: Patricia Roberts LPO New Hanover County FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Aqua Vista Farms, LLC c% Maurice Emmart Project Location: 100 Aqua Vista Dr., adjacent to Masonboro Sound, in Wilm., New Hanover Co. Proposed Project: to expand an existing docking facility within existing boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: '/This agency has no objection to the project as proposed This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency ects to the project for reas ns described in the attached comments. SIGNED DATE ntI L gF,CE1V13D SEP 12 2014 N.C. Diasion of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796-7215 \ FAX: 910.395.3964 Internet: www riocoastalmanagement net DCbQ411D CITY An Equal Opportunity \ Aflirmalive Action Employer XKTA Ail;A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 27, 2014 Division of Coastal Management MEMORANDUM: TO: Anthony Law NC DOT New Hanover County DISTRICT 3 AUG 2 8 2014 RECEIVED John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Aqua Vista Farms, LLC c% Maurice Emmart Project Location: 100 Aqua Vista Dr., adjacent to Masonboro Sound, in Wilm., New Hanover Co. Proposed Project: to expand an existing docking facility within existing boat basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEWW SEP 12 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net DCNf•'.V:HDCITY An Equal Opportunity \ Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Aqua Vista Farms, LLC c/o Mr. Maurice Emmart 2. LOCATION OF PROJECT SITE: 100 Aqua Vista Drive (Aqua Vista Farms), adjacent to Masonboro Sound, in New Hanover County. Photo Index - 2006: 22-7418:V-7 2000: 22-267: V-8 1995: 22-249: U-21 State Plane Coordinates - X: 2342948 Y: 142761 GPS - 0-090412A Latitude: 34008'12.70435"N Longitude: 77052'00.35454"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 06/1612014 Was Applicant Present - Yes (agents) 5. PROCESSING PROCEDURE: Application Received - 08/13/2014 (completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover Co. Land Classification From LUP - Resource Protection (B) AEC(s) Involved: ORW, EW, PT Water Dependent: Yes (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing -Single-family residence, boat basin, access channel and private docking facility Planned - Expansion of existing docking facility and constr�uE� f timber breakwater (G) Estimated Annual Rate of Erosion: N/A SEP 12 2014 Source - N/A 7. HABITAT DESCRIPTION: [AREA] 'DCMMHDCITV DREDGED FILLED OTHER (A) Vegetated Wetlands (coastal and §404 wetlands) (B) Non -Vegetated Wetlands (Open water) 5,556 sq. ft. and 133 sq. ft. (C) Other (Highground) (D) Total Area Disturbed: - 5,689 sq. ft. (-0.13 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW (Masonboro Sound) Open: Yes (Masonboro Sound) (G) Estimated Annual Rate of Erosion: N/A Source - N/A 8. PROJECT SUMMARY: The applicant proposes to expand an existing private docking facility within an existing boat basin. Aqua Vista Farms, LLC c/o Mr. Maurice Emmart Page 2 9. PROJECT DESCRIPTION: The project site is located at 100 Aqua Vista Drive, off Masonboro Loop Road in New Hanover County. The property is adjacent to the Atlantic Intracoastal Waterway (AIWW)/Masonboro Sound and is the location of Aqua Vista Farms previously owned and operated by the Emmart family. The project site is bordered to the north by residential properties and UNCW's Center For Marine Science, and to the south by Masonboro Harbour Subdivision. To locate the property traveling south on College Road, take a left onto Mohican Trail and travel east approximately 1.3 miles. Turn right onto Masonboro Loop Road and travel south for approximately 0.8 miles until you reach the entrance of the new Helms Port Subdivision, which will be located on the left. Turn left on Aqua Vista Drive and travel east on Aqua Vista Drive for approximately 0.5 miles until it terminates at the property of interest. The high ground property is approximately 15 acres and the elevation of the property is approximately 25' above mean high water (MHW). Existing highground development on the property includes a single-family residence, an existing.boat basin with an access channel to the AIWW and a concrete boat ramp located on the northwestern portion of the existing basin. The applicant currently maintains an existing docking facility on the southern portion of the basin, which consists of an uncovered platform, floating dock and boatlift, which currently accommodates up to three (3) slips specifically for the Emmart family (See sheets 1 through 3 of 7 and Project Narrative). Highground vegetation consists of hardwoods and other woody species including: Oak, Pines, Cedar and Dogwood. Vegetation bordering the southern highground area of the property consists primarily of §404 type and coastal wetlands vegetation including: Wax Myrtle (Myrica cerifera L.), Marsh -elder (Iva frutescens), Grounsel-bush (Baccharis halimifolia), Sea Oxeye (Borrichia frutescens), Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina alterri flora). The vegetation within the existing boat basin consists of a narrow fringe of coastal wetlands, which consists primarily of Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina alterniflora). Permit History: Mr. Maurice Emmart, Jr. was issued State Permit No. 24-81 on February 20, 1981 for maintenance excavation of an existing boat basin and access channel to the AIWW/Masonboro Sound to a final project depth of -6' @ mean low water (MLW). State Permit No. 24-81 also authorized the placement of the excavated material to be located on the Emmart property on the northwestern side of the boat basin. State Permit No. 24-81 Fifth renewal was on December 5, 2008 and was due to expire on December 31, 2013; however, was subject to extension by the Session Law 2009-406, and as amended by Session Law 2010-177, the Permit Extension Act. State Permit No. 24-81 was recently transferred to SEL Property Investors, LLC on December 13, 2013 and is due to expire on December 31, 2017. The developer for the new subdivision has recently received a Major Modification to State Permit No. 24-81 on May 9, 2014, which authorized a new 159 residential subdivision with an associated 75-slip upland marina basin and amenity facilities, which is currently under construction. The Emmart family still maintains the southern portion of the existing boat basin and an existing private docking facility within it through an easement agreement with the applicant. The Joint City of Wilmington and New Hanover County 2006 Land Use Plan Update classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. In the project area, the waters of Masonboro Sound are classified as SA-ORW by the NC Division of Water Quality, and they are OPEN to the harvest of shellfish. These waters ARE designated as a Primary Nursery Area (PNA), by the Division of Marine Fisheries. Aqua Vista Fanns, LLC c/o Mr. Maurice Emmart Page 3 PROPOSED PROJECT: The applicant proposes to expand an existing private docking facilitywithin an existing boat basin. Once the existing docking facility is removed and the existing Emmart basin is maintained to the -6' @ mean low water (MLW) depth, and the shoreline is stabilized perthe recent Major Modification to State Permit No. 24- 81, the applicant proposes to construct a new uncovered platform, measuring approximately 12' in length by 16' in width to replace the existing uncovered platform. An access ramp would then lead onto a new floating dock, measuring approximately 142' in length by 6' in width would be located along the face of the new bulkhead on the most southern end of the existing Emmart basin. The floating dock would then continue along the face of the new bulkhead along the most western end of the Emmart basin a distance of approximately 187', which would lead to another access ramp and landing platform. Four (4) finger piers, each measuring from approximately 48' to 60' in length by 5' in width and approximately 26' to 48' apart would extend perpendicular from this floating dock towards the existing boat basin. Seven (7) boatlifts, each measuring from approximately 12' in length by 12' in width to 17' in length by 18' in width would be located between the floating finger piers. The proposed new configuration would accommodate up to nine (9) formalized slips within the existing boat basin for vessels ranging from 40' to 60' in length. The applicant also proposes to construct a new timber breakwater with in the central portion of the existing boat basin, measuring approximately 113 linear feet. The application states the proposed breakwater would replace the authorized two (2) buoys and one (1) cluster of dolphin pilings, which designated the location of the authorized entrance channel and boat -ramp within the central portion of the shared existing boat basin. The application states the proposed breakwater would be the same design as previously authorized on the eastern side of the existing shared boat basin under State Permit No. 24-81. The application also states that kayaks, canoes and other small vessels exiting the Helms Port marina may not be easily seen from the proposed slips of the Emmart docking facility due to the angle of the channel; Further, the application states the piling -supported, vertical structure would utilize minimum public trust bottom and would have reflectors along the pilings for visibility at night (See Sheets 1 through 7 of 7 and Project Narrative). 10. ANTICIPATED IMPACTS: The proposed new docking facility would incorporate approximately 5,556 sq. ft. of Estuarine Waters and Public Trust Area. As proposed, the new docking configuration would accommodate up to nine (9) permanent vessels. The proposed breakwater along the central portion of the basin would incorporate approximately 133 sq. ft. of Estuarine Waters and Public Trust Area. Minor turbidity increases may be expected during the construction process. RECEIVRD SEP 12 2014 Submitted by: Robb L. Mairs Date: 08/26/2014 Office: Wilmington Project Narrative CAMA Major Permit Application 8/13/2014 Emmart Family Basin, Dock Improvements Aqua Vista Drive New Hanover County, N.C. Aqua Vista Farms, LLC, Applicant Aqua Vista Farms, LLC is applying for a CAMA Major Permit to make improvements to docks and boat slips within their existing upland boat basin located at the end of 100 Aqua Vista Drive, New Hanover County, NC (referred to as the Emmert family basin in this application). The man-made, basin and an open water entrance channel connecting the basin to the AIWW/Masonboro Sound was permitted and maintained under CAMA Permit 24-81. The basin and surrounding property has been owned by the Emmert family and utilized primarily by family members. The family recently sold land adjacent to the boat basin to SEL Property Investors, LLC but maintained approximately 15 acres of upland and the existing boat basin under the ownership of Aqua Vista Farms, LLC. The existing and valid CAMA Permit 24-81 was transferred to SEL Property Investors, LLC who obtained a major modification in December 2013 for construction of a new upland marina basin north of the subject property (now known as Helms Port). The major modification of CAMA Permit 24-81 authorized construction of an upland basin marina that will use the existing open water entrance channel and boat basin to access the new marina. SEL Property Investors, LLC also obtained approval for improvements to the Emmert family boat basin as part of the December 2013 modification of CAMA Permit 24-81. Currently the Emmert family boat basin contains a fixed dock and three boat slips. CAMA Permit 24-81 authorized the following improvements: (1) a new boat ramp at the northwestern corner of the basin (2) new breakwaters along the northern and eastern edges (3) a new bulkhead along the western and southern basin edges with excavation for expansion of the basin (4) two buoys and a dolphin, and (4) two jetties along the open water channel. SEL Property Investors, LLC will also perform maintenance dredging in the open water channel and existing boat basin to a depth of-6' MLW. Work requested in this application is limited to the construction of new docks and slips within the Emmert family basin. Aqua Vista Farms, LLC requests a new CAMA Major Permit for the construction of nine boat slips to be accessed by new fixed platforms and floating docks. The existing fixed dock and all existing slips will be removed. Seven of the nine slips will contain lifts and will range in size from 48' to 80' in length. The ninth slip will provide side -to dockage totaling approximately 81' in length. No more than nine slips will be docked in the basin at any time. A 133' long piling -supported breakwater is requested to replace the buoys approved in CAMA Permit 24-81. The breakwater will be the same design as that previously approved for the eastern side of the basin under CAMA Permit 24-81 and is requested to provide a safe separation between boat traffic utilizing the Helms Port entrance channel. Kayaks, canoes and other small vessels exiting the Helms Port marina may not be easily seen from the proposed slips due to the angle of the channel. The piling -supported, vertical structure will utilize minimal public trust bottom and will have reflectors along the pilings for visibility at night. No upland development is proposed. All work will involve the construction of docks below MHW. No new built upon area is proposed, and no grading is proposed. RECEIVED DCM WILMINGTON, NO AUG 13 2014 DCM MP-1 APPLICATION for ,y Major Development Permit (last revised 12.!27I06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Aqua Vista Farms Llc Project Name (if applicable) Emmert Family Basin- Dock Improvements Applicant 1: First Name do Mr. Maurice MI Last Name Emmert Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 100 Aqua Vista Drive PO Box City Wilmington State NC ZIP 28409 Country USA Phone No. ext. FAX No. Street Address (f ddferenl from above) same as above City State ZIP Email 2. Agent/Contractor Information -1 RKEP'sp Business Name Land Management Group Inc. Agent/ Contractor 1: First Name MI Last Name Laura Stasavich i AgenU Contractor 2: First Name MI Last Name ' c " Steve Morrison Mailing Address PO Box City State 3805 Wrightsville Ave., Suite 15 Wilmington NC ZIP Phone No.1 Phone No. 2 28403 910 - 452 - 0001 ext. ext. FAX No. Contractor # 910 452 0060 Street Address (if different from above) City state ZIP same as above Email Istasavich@lmgroup.net; smorrison@imgroup.net <Form continues on back> HEUEIVED DCM WILMINGTON, NC AUG 13 264 252-808.2808 .. 1.888-a Pt t; iYASu .. www. nccoasta i management. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit :3. '. Project Location, _ County (can be multiple) Street Address State Rd. # New Hanover Aqua Vista Drive Subdivision Name State Zip N/A P'lly1mington NC 28409 - Phone No. Lot No. (a) (if many, attach additional page with list) N/A - ext. N/A, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project cK MasonboroSound /AIWW 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 NManmade ❑Unknown Masonboro Sound I AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes NNo work falls within. New Hanover County (outside City limits) 4.• Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) approx. 1,650-Ift along NHW and new bulkhead approx. 14 to 15-acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A -none, I I NWL (normal water leveo (If many lot sizes, please attach additional page with a list) ranges from MHW to —25' MHW ❑NHW or ❑NWL e. Vegetation on tract Vegetation along the waterfront includes typical salt marsh vegetation. Inland portions of the property are maintained in mowed and wooded condition with typical upland vegetation. f. Man-made features and uses now on tract An existing upland basin with a fixed dock and three boat slips, existing entrance channel and open water channel to the AIWW, existing gravel drive, ditches and discharge pipes. g. Identify and describe the existing land uses ad'acen to the proposed project site. Residential with residential community marinas to north and south, h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) NYes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes NNo DNA National Register listed or eligible property? RECEIVED <Fonn continues on next page> DCM WILMINGTON, NO AUG 13 2014 252-8e8-2806 :: 1-988-4RCOAST :: wwrw.necoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. No wastewater treatment necessary as no new residential units or bathrooms are proposed. o. Describe existing drinking water supply source. Community system, also Cape Fear Water and Sewer Authority. p. Describe existing storm water management or treatment systems. No existing stormwater management features or treatment systems exist on site. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Improved docks within the basin will be utilized by the Emmert family and their guests. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction equipment including pile drivers. Equipment will be stored on upland portions of property when not in use. d. List all development activities you propose. Installation of new floating docks for a total of nine slips; installation of seven boat lifts; new fixed access platform and gangways; construction of breakwater. No upland work is proposed. New bulkhead and other structures to be completed under CAMA 24-81. New excavation and maintenance dredging in the basin to be done under CAMA 24-81. e. Are the proposed activities maintenance of an existing project, new work, or both? Improvements to Existing f. What is the approximate total disturbed land area resulting from the proposed project? None -all work below MHW ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No [:Ikmw that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. b SEP 12 2014 No direct discharges to waters of the state exist, and none are proposed. r' Y ACM-MHD CITi' i. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA j. Is there any mitigation proposed? ®Yes []No ❑NA If yes, attach a mitigation proposal. _ D DGM WILMINGTON, NO <Form continues on back> AUG 13 2014 252-808-2808 :: 1-888-4RC®A5T :: www. nccoasta l management. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6.: Additional Information In addition to this completed application form, (MP-1) the following items below, if applicablemust be submitted in order for the application package to be complete. Items (a) (6 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare therequired items below.. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Adjacent to South: Me sonboro.Harbour HOA- Phone No. Address 5248 Masonboro.Harbour Drive', Wilmington' NC 28409 ' Name Adjacent to North: UNCW Center for Marine Science Phone No. Address 5600 Marvin K Moss Lane, Wilmington, NC 28409-3621 Name Adjacent, to Nork'Mathiaa Hunoval- _ ' . -.Phone No. Address 5330 Holt Road, Wilmington, NC.:28469 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Permit # 24-81, SEL Property Investors, LLC. 12113/2013 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), 1 necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date �3 6U111 Print Name ,Ladr1J1 -- J�o 44? Lhi(r 4yejcr Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NO AUG 13 2014 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement. net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina. []Commercial ❑PubliclGovemment ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number 1 If yes: (ill) Length 329'1"total (i) Number 4 (iv) With 6' (iii) Length (2) 48'; (1) 50': (1) 60' (v) Floating ®Yes ❑No (iv) Width 5' (v) Floating ®Yes []NO e. (i) Are Platforms included? ®Yes []No f. @ AreBoatlifts inducted? ®Yes []No If yes: If yes: (ii) Number 2- new access landings (ii) Number 7 (ii Length S Landing —11' (— 5.5' waterward of bulkhead) (ill) Length (2) 12': (3) 14': (2) 17' N Landing 8' Cw)width (2) IT: (3)16: (2) 1V (w) Wdth S Landing -16' N Landina 8' (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 9 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 3 (to be removed) ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips) only, number of slips: 9 ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ® Land cut and access channel charter boats, sail boats, mixed types). l RECEIVED ❑Open water; dredging for basin and/or channel mixed types ❑Open water; no dredging required ❑Other; please describe: k)�. SEP 12 2014 �i DCM-MHDCITy k. Typical boat length: 40' to 60' I. (i) Wit the facility be open to the general public? i-iL.CciVED DCM WILMINGTON, NC AUG 272014 232408.2808 :: i-6884RCOAll :: ww%r nccoastalmana9ament.nst revised: 12127/06 Forms 0CA NP-4 (Structures, Page 2 ofa) m. (i) Will the facility have tie pilings? ❑Yes ®No ®Yes ❑No (ii) If yes number of tie pilings? 5 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: N/A ❑ Showers ❑ Boatholding tank pumpout; Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. There will be no overboard discharges. c. Describe the disposal of solid waste, fish offal and trash. Trash will be disposed of in a trash can on -site or taken off -site for disposal after each use. d. How will overboard discharge of sewage from boats be controlled? Prevention of overboard discharges will be ensured by LLC members. e. (1) Give the location and number of "No Sewage Discharge" signs proposed. One sign at end of floating dock (slip #9). (ii) Give the location and number of "Pumpout Available" signs proposed. No pumpout proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No maintenance activities proposed. g. Where will residue from vessel maintenance be disposed of? No maintenance activities proposed. h. Give the number of channel markers and "No Wake" signs proposed. None i. Give the location of fuel -handling facilities, and describe the safely measures planned to protect area water quality. No fuel service will be provided j. What will be the marina policy on overnight and live -aboard dockage? No live -aboard use is anticipated. k. Describe design measures that promote boat basin flushing? The basin is existing with CAMA Permit 24-81 allowing for maintenance dredging to -6' MLW. RECEIVED DCM WILMINGTON, NC AUG 15 2014 252-608.2808 :: 1.888.4111COAST :: vuwwrmccoastalmanagement.net revised: 12/27106 Form DCM MP-4 (Structures, Page 3 of 4) I. If this project is an expansion of an existing marina, what types of services are currently provided? Three boat slips utilized for recreation. No services. m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ®Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ®Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW Within existing basin alono southern edge- 600 soft. ❑SAV ❑SB ❑WL _ ❑None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) 0This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublidGovernment ❑Private/Communky (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) 0This section not applicable a. (i) Number (ii) Length _ (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable a. Length 133 Ift oilino supported breakwater c. Maximum distance beyond NHW, NWL or wetlands Within open waters of basin approx. 45' from coastal marsh on eastern side of basin. b. Average distance from NHW, NWL, or wetlands Within open waters of basin, approx. 47' from NHW on eastern side of basin. 6. MOORING PILINGS and BUOYS ❑This section not applicable a. Is the structure(s): b. Number 5 io linos ❑Commercial ❑PublidGovernment OPrivatelCommunky d2EL'EIVEA Y SEP 12 2014 RECEIVED DCM N/ILMINGTON, NC DC,V,N:.11DC:TY AUG 13 2014' 282.808.2808 :: 1.889 4RCOA8T :: www.nccoastalmananement.not revised: 12/27/06 FairM ©Chlill UP-6 (Structures, (Page 4 of 4) ' o. Distance to be placed beyond shoreline —67' max d. Description of Buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present No Buoys -pilings for mooring in slips. e. Arc of the swing N/A 7.'GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. New docks and breakwater within existing upland basin, see 7.a. approximately 26' to the adjacent upland entrance channel (Helms Port) to north; approximately 1100' by water to Masonboro Harbour upland basin to south. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Masonboro Sound > 1000' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL maintained to -6' MLW (per CAMA 24-81) i., OTHER. ®This sectiomnot a. Give complete description: Piling cluster dolphin to secure southern end of proposed breakwater. E" i . 4pplicant Signature RECEIVED DCiM WILMINGTON, NC AUG 1 3 2014 252-800.2808 :: 1-888-48COAST :: www.nccoastalmanagement.net revised: 12/27/06 U Z Q Z T.O. PILE Lij I N U Z crz W tO GV ~ N <- 4 j Q fWLU BREAKWATER MARKER q BEYOND T.O. BREAKWATER MARKER p T.O. SHEET PILE ----- 10 ELEV. _ +1.93' NAVD88 -___- (ELEV. _ +0.5' MHW) MHW = +1.43' NAVD88 l NAVD88 = 0.0' 17 it l MLW = -2.38' NAVD88 I I I l I l l CMI UC-50 I COMPOSITE SHEET PILE ELEV. _ -8.38' NAVD88 I l ELEV. _ -6.0' MLW) l EV. _ -9.81' MHW) l l l , 1. This detail was provided by Andrew Consulting Engineers for the purposes of CAMA permitting but is not for construction. Project: CAMA Major Permit Application Date: Revision Date: LMG Emmart Family Basin 7rz3no1a uaorures¢xsar Ga m. Dark Improvements Scale: Job Number: Title: INS 02-13-096 3805 Mghtsville Ave., Suife 15 Typical Breakwater Drawn By: Figure: Wilmington, North Carolina 28403 Detail 7 of 7 Telephone: 910452.OWI DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATFENTION OF: October 9, 2014 Regulatory Division Action ID No. SAW-2014-01617 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Maurice Emmart to expand a docking facility at 100 Aqua Vista Drive, in Wilmington, New Hanover, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guideline&pdf. 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. RECEIVED OrT 151014 BCM-MHD CITY -2- 4. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 5. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 6. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 7. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. RECEIVED OCT 16 2014 DCM-MHD CITY W! 10. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this 11. project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 12. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 13. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 14. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 15. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Ronnie Smith, Wilmington Field Office, Regulatory Division, telephone (910) 251-4829. Sincerer RECEIVED Ronnie D. Smith, Project Manager OCT t 51014 Wilmington Regulatory Field Office DCM-MHD CITY -4- Copies Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3/Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED OCT 16 2014 DCM-MHD CITY Recommendations for State Permit — Aqua Vista Farms, LLC c/o Mr. Maurice Emmart 8126/2014 The total square footage of the proposed docking facility was calculated as follows: Shoreline length=1,650' x 8'= 13,200 sq. ft (2,000 sq. ft. allowable) Floating docks = 212 sq. ft. (credit applied due to dimensions and alignment) Fixed platform = 92 sq. ft. (credit applied for access through) Floating finger piers = 1,040 sq. ft. Total = —1,344 sq. ft. It is the staffs recommendation that the proposed docking facility appears to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule, the eight square foot rule and the pier width rule. The proposed floating dock, platform, finger piers and boatlifts would be located entirely overopen water within an existing maintained boat basin. The proposed timber breakwater in the central portion of the existing boat basin appears to be INCONSISTENT with Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas. Concerns of the incorporation of Public Trust Areas forthis structure were initially addressed during the scoping meeting and pre -application meeting with the developer and authorized agents for the Helms Port Subdivision project prior to the issuance of the Major Modification application to State Permit No. 24-81. Based on these concerns, the timber breakwaterwas replaced with the installation of two (2) buoys and one (1) cluster of dolphin pilings within the central portion of the existing boat basin to designate the location of the proposed entrance channel and boat -ramp. If the project is determined to be consistent with 15 NCAC 7H.0207 (d) and NCAC 07H .0208(b)(6), this office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. Any permit issued should include the following conditions: This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 7. This permit authorizes a maximum of nine (9) boat slips. At no time shall more than nine (9) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. ltECEdVED 8. No attempt will be made by the permittee to prevent the full and free use by rAL ublic of all navigable waters at or adjacent to the authorized work. G 2 9 2014 GM.MrD !TY Recommendations for State Permit —Aqua Vista Farms, LLC c/o Maurice Emmert Page 2 The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with 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. 10. Permanent reflectors should be attached to the breakwaterfjetty structures in order to make it more visible during hours of darkness or inclement weather. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the docking facility. Furthermore, due to the proximity of the AIWW, boats utilizing the docking facility will be subject to frequent wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any damage to the structure or moored boats. NOTE: The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (910) 796-7215 prior to commencement of any such activity for this determination. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. rAU I�ECE mG 2 9 2014 rt"l!�±t".'.'J MY MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Aqua Vista Farms, New Hanover County Date: October 30, 2014 The applicant proposes to expand an existing private docking facility within an existing boat basin. The project is located at 100 Aqua Vista Drive, adjacent to Masonboro Sound in New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are EW, ORW and PT. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Transition while the AECs impacted by the work are classified as Resource Protection. In general, Wilmington -New Hanover County allows development in Resource Protection classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Cc: File DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Aqua Vista Farms, LLC c/o Mr. Maurice Emmart 2. LOCATION OF PROJECT SITE: 100 Aqua Vista Drive (Aqua Vista Farms), adjacent to Masonboro Sound, in New Hanover County. Photo Index - 2006: 22-7418:V-7 2000: 22-267: V-8 1995: 22-249: U-21 State Plane Coordinates - X: 2342948 Y: 142761 GPS - 0-090412A Latitude: 34008'12.70435"N Longitude: 77°52'00.35454"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 06/16/2014 Was Applicant Present - Yes (agents) 5. PROCESSING PROCEDURE: Application Received - 08/13/2014 (completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover Co. Land Classification From LUP - Resource Protection (B) AEC(s) Involved: ORW, EW, PT Water Dependent: Yes (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing -Single-family residence, boat basin, access channel and private docking facility Planned - Expansion of existing docking facility and construction of timber breakwater RECEIVED (G) Estimated Annual Rate of Erosion: N/A Source - N/A AUG 2 9 2014 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED (A) Vegetated Wetlands (coastal and §404 wetlands) (B) Non -Vegetated Wetlands (Open water) 5,556 sq. ft. and 133 s.ft. (C) Other (Highground) (D) Total Area Disturbed: - 5,689 sq. ft. (-0.13 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW (Masonboro Sound) Open: Yes (Masonboro Sound) (G) Estimated Annual Rate of Erosion: N/A Source - N/A PROJECT SUMMARY: The applicant proposes to expand an existing private docking facility within an existing boat basin. ra Aqua Vista Farms, LLC c/o Mr. Maurice Emmart Page 2 9. PROJECT DESCRIPTION: The project site is located at 100 Aqua Vista Drive, off Masonboro Loop Road in New Hanover County. The property is adjacent to the Atlantic Intracoastal Waterway (AIWW)/Masonboro Sound and is the location of Aqua Vista Farms previously owned and operated by the Emmart family. The project site is bordered to the north by residential properties and UNCW's Center For Marine Science, and to the south by Masonboro Harbour Subdivision. To locate the property traveling south on College Road, take a left onto Mohican Trail and travel east approximately 1.3 miles. Turn right onto Masonboro Loop Road and travel south for approximately 0.8 miles until you reach the entrance of the new Helms Port Subdivision, which will be located on the left. Turn left on Aqua Vista Drive and travel east on Aqua Vista Drive for approximately 0.5 miles until it terminates at the property of interest. The high ground property is approximately 15 acres and the elevation of the property is approximately 25' above mean high water (MHW). Existing highground development on the property includes a single-family residence, an existing boat basin with an access channel to the AIWW and a concrete boat ramp located on the northwestern portion of the existing basin. The applicant currently maintains an existing docking facility on the southern portion of the basin, which consists of an uncovered platform, floating dock and boatlift, which currently accommodates up to three (3) slips specifically for the Emmart family (See sheets 1 through 3 of 7 and Project Narrative). Highground vegetation consists of hardwoods and other woody species including: Oak, Pines, Cedar and Dogwood. Vegetation bordering the southern highground area of the property consists primarily of §404 type and coastal wetlands vegetation including: Wax Myrtle (Myrica cerifera L.), Marsh -elder (Iva frutescens), Grounsel-bush (Baccharis halimifolia), Sea Oxeye (Borrichia frutescensl, Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina altemiflora). The vegetation within the existing boat basin consists of a narrow fringe of coastal wetlands, which consists primarily of Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina altemiflora). Permit History: Mr. Maurice Emmart, Jr. was issued State Permit No. 24-81 on February 20, 1981 for maintenance excavation of an existing boat basin and access channel to the AIWW/Masonboro Sound to a final project depth of -6' @ mean low water (MLW). State Permit No. 24-81 also authorized the placement of the excavated material to be located on the Emmart property on the northwestern side of the boat basin. State Permit No. 24-81 Fifth renewal was on December 5, 2008 and was due to expire on December 31, 2013; however, was subject to extension by the Session Law 2009-406, and as amended by Session Law 2010-177, the Permit Extension Act. State Permit No. 24-81 was recently transferred to SEL Property Investors, LLC on December 13, 2013 and is due to expire on December 31, 2017. The developer for the new subdivision has recently received a Major Modification to State Permit No. 24-81 on May 9, 2014, which authorized a new 159 residential subdivision with an associated 75-slip upland marina basin and amenity facilities, which is currently under construction. The Emmart family still maintains the southern portion of the existing boat basin and an existing private docking facility within it through an easement agreement with the applicant. The Joint City of Wilmington and New Hanover County 2006 Land Use Plan Update classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. In the project area, the waters of Masonboro Sound are classified as SA-ORW by the NC Division of Water Quality, and they are OPEN to the harvest of shellfish. These waters ARE designated as a Primary Nursery Area (PNA), by the Division of Marine Fisheries. REcom AUG 2 9 M4 DCMdJlF3DCnY Aqua Vista Farms, LLC c/o Mr. Maurice Emmart Page 3 PROPOSED PROJECT: The applicant proposes to expand an existing private docking facility within an existing boat basin. Once the existing docking facility is removed and the existing Emmart basin is maintained to the -6' @ mean low water (MLW) depth, and the shoreline is stabilized per the recent Major Modification to State Permit No. 24- 81, the applicant proposes to construct a new uncovered platform, measuring approximately 12' in length by 16' in width to replace the existing uncovered platform. An access ramp would then lead onto a new floating dock, measuring approximately 142' in length by 6' in width would be located along the face of the new bulkhead on the most southern end of the existing Emmart basin. The floating dock would then continue along the face of the new bulkhead along the most western end of the Emmart basin a distance of approximately 187', which would lead to another access ramp and landing platform. Four (4) finger piers, each measuring from approximately 48' to 60' in length by 5' in width and approximately 26' to 48' apart would extend perpendicular from this floating dock towards the existing boat basin. Seven (7) boatlifts, each measuring from approximately 12' in length by 12' in width to 17' in length by 18' in width would be located between the floating finger piers. The proposed new configuration would accommodate up to nine (9) formalized slips within the existing boat basin for vessels ranging from 40' to 60' in length. The applicant also proposes to construct a new timber breakwater within the central portion of the existing boat basin, measuring approximately 113 linear feet. The application states the proposed breakwaterwould replace the authorized two (2) buoys and one (1) cluster of dolphin pilings, which designated the location of the authorized entrance channel and boat -ramp within the central portion of the shared existing boat basin. The application states the proposed breakwaterwould be the same design as previously authorized on the eastern side of the existing shared boat basin under State Permit No. 24-81. The application also states that kayaks, canoes and other small vessels exiting the Helms Port marina may not be easily seen from the proposed slips of the Emmart docking facility due to the angle of the channel; Further, the application states the piling -supported, vertical structure would utilize minimum public trust bottom and would have reflectors along the pilings for visibility at night (See Sheets 1 through 7 of 7 and Project Narrative). 10. ANTICIPATED IMPACTS: The proposed new docking facility would incorporate approximately 5,556 sq. ft. of Estuarine Waters and Public Trust Area. As proposed, the new docking configuration would accommodate up to nine (9) permanent vessels. The proposed breakwater along the central portion of the basin would incorporate approximately 133 sq. ft. of Estuarine Waters and Public Trust Area. Minor turbidity increases may be expected during the construction process. RECE1IrED AUG 2 9 2014 ACM•MHDCITY Submitted by: Robb L. Mairs Date: 08/26/2014 Office: Wilmington Project Narrative CAMA Major Permit Application 8/13/2014 Emmert Family Basin, Dock Improvements Aqua Vista Drive New Hanover County, N.C. Aqua Vista Farms, LLC, Applicant Aqua Vista Farms, LLC is applying for a CAMA Major Permit to make improvements to docks and boat slips within their existing upland boat basin located at the end of 100 Aqua Vista Drive, New Hanover County, NC (referred to as the Emmart family basin in this application). The man-made, basin and an open water entrance channel connecting the basin to the AIWW/Masonboro Sound was permitted and maintained under CAMA Permit 24-81. The basin and surrounding property has been owned by the Emmert family and utilized primarily by family members. The family recently sold land adjacent to the boat basin to SEL Property Investors, LLC but maintained approximately 15 acres of upland and the existing boat basin under the ownership of Aqua Vista Farms, LLC. The existing and valid CAMA Permit 24-81 was transferred to SEL Property Investors, LLC who obtained a major modification in December 2013 for construction of a new upland marina basin north of the subject property (now known as Helms Port). The major modification of CAMA Permit 24-81 authorized construction of an upland basin marina that will use the existing open water entrance channel and boat basin to access the new marina. SEL Property Investors, LLC also obtained approval for improvements to the Emmert family boat basin as part of the December 2013 modification of CAMA Permit 24-81. Currently the Emmert family boat basin contains a fixed dock and three boat slips. CAMA Permit 24-81 authorized the following improvements: (1) a new boat ramp at the northwestern corner of the basin (2) new breakwaters along the northern and eastern edges (3) a new bulkhead along the western and southern basin edges with excavation for expansion of the basin (4) two buoys and a dolphin, and (4) two jetties along the open water channel. SEL Property Investors, LLC will also perform maintenance dredging in the open water channel and existing boat basin to a depth of -6' MLW. Work requested in this application is limited to the construction of new docks and slips within the Emmart family basin. Aqua Vista Farms, LLC requests a new CAMA Major Permit for the construction of nine boat slips to be accessed by new fixed platforms and floating docks. The existing fixed dock and all existing slips will be removed. Seven of the nine slips will contain lifts and will range in size from 48' to 80' in length. The ninth slip will provide side -to dockage totaling approximately 81' in length. No more than nine slips will be docked in the basin at anytime. A 133' long piling -supported breakwater is requested to replace the buoys approved in CAMA Permit 24-81. The breakwater will be the same design as that previously approved for the eastern side of the basin under CAMA Permit 24-81 and is requested to provide a safe separation between boat traffic utilizing the Helms Port entrance channel. Kayaks, canoes and other small vessels exiting the Helms Port marina may not be easily seen from the proposed slips due to the angle of the channel. The piling -supported, vertical structure will utilize minimal public trust bottom and will have reflectors along the pilings for visibility at night. No upland development is proposed. All work will involve the construction of docks below MHW. No new built upon area is proposed, and no grading is proposed. rAU RECE MG 2 9 2014 DCM-MIT. arl Y RECEIVED DCM WILMINGTON, NC AUG 13 2014 Fill E EE R North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvarla, III Secretary August 25, 2014 Advertising@stamewsonline.com 2 Page$ Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo • Topsail Island Yacht Club / Pender Co. • Aqua Vista Farms / New Hanover Kyle & Heather: Please publish the attached Notice in the Friday, August 28, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, 1, Shaun K. Simpson Permit Support & Customer Service Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM PXCENBD Ronnie Smith - USACE Michele Walker- DCM rAUG 29 2014 W-M11D CITY NC Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910-395-3964 Internet: www.nccoasialmanagement.net An Equal Opportunity 1 Afiirmafive Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for a development permits in an Area of Environmental Concern as designated under the CAMA. According to said application submitted on August 13, 2014. The Topsail Island Yacht Club Owners Association, Inc. proposes to construct a clubhouse and pool at III N. New River Dr., adjacent to Topsail Sound, in Surf City, Pender County; and Aqua Vista Farms, LLC proposes to expand an existing docking facility at 100 Aqua Vista Road, adjacent to Masonboro Sound, in Wilmington, New Hanover County. A copy of the applications may be examined or copied at the offices of Tara MacPherson, (Fender) or Robb Mairs (New Hanover), N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910- 796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to September 18, 2014 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEM AUG 2 9 2014 i�ctirl>�crrY MAJOR PERMIT FEE SCHEDULE Emmart Basin Improvements / $250 / New Hanover Co. DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, noncommercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does of involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,13, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: S400 100% $400 0% $0 III(C). If General Water Quality Certification No. 490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a uatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 490 see attached cannot be applied: $400 60% $240 409/6 $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or o en water areas: $475 60% $285 40% $190 rRECRVM AL G 2 9 2014 )CM•MM MY DENR CAMA Daily Check Log for WIRO Date Received Check From Name Name of Permit Holder Vendor Check Number Check amount Permft Number/Commerds " 8/1/2014 Hon Construction & Concrete LIC Holtlen Dock 8 Bulkheads Marine Piers 8 Bulkheads LLC 8/4/2014 Maritech, LLC Adam C Knienm 8/4/2014 Overbook Marine Construction Inc. 8/5/2014 Overbook Marine Construction Inc. 8/5/2014 Overbe_ck_Marine Construction Inc. 8/6/2014 Gary K. Greene 8/6/2014 IDean_G. Siler Dean's _Home Improvements 8/6/2014'William G. McRainey 8/7/2014 Ammon Construction, Inc 8/7/2014 D Chad Kimes & Amy L Kimes 8/7/2014 Topsai(I) Heights Lantli 8/7/2014 North Carolina Baptist AssembN 8/8/2014 Maritime Coastal Construction LLC 8/11/2014 Allied Marine Contractors, LLC - - _. 8/11/2014 Maritech, LLC Adam C Knienm 8/11/2014 Coastal Dredging LLC 8/11/2014 Hamby Inc 8/11/2014 Dennis F Michael 811212014,Town of North Topsail Beach 8/12/2014 Money Order from John Cassidy auth. Agent _ 8/12/2014 Gilbert W. Reece PE PC _ _ _ 8/12/2014 Land Management Groups, Inc. 8/73/2014 Willie Richardson/Richardson Construction 8/13k014 Land Maria ement Grou s, Inc. Watford n Kirkman nard Taylor an TG orge Allen &John Cerasani Kevin. orse _ 1.8304 River Road 66�edgewood ,,renewal/transfer MP 21-90 Rodger & Jill Joyce Melissa McKay Barron _ Jack Brent _ _ 138-10 Joyce Bailey 171-07 Topsail Heights subdivision 35-10 NC Baptist Assembly Thompson Ben &Wanda Maggan - _. Thompson/Howard/Yeaton _ Teens Koury---_ _ _ _ Peninsula at Topsail, LLC same same RL Vaughan _ Topsail Island Yacht Club SEL Property Investors, LLC _ B.G. and Nancy French �Aqua Vista Farms LLC _ BB&T First Community Bank Wells Fargo B of A SunTrust SunTrust SunTrust Wells Fargo BB&T First Community Bank B of A _ NC SEC_U_ _ INC SECU First Citizens First Community Bank B of A B of A BB&T _ _ BUT Security Savings Bank 1st Citizens Bank _ North Amer. Banking Co '� _B of A First Bank of W lmington BB&T First Bank of Wilmington 1073 5835 19717 1832 4299 4300 4301 42521 3476 7872 3062 4429 1771 5366� 1540 8891 7834 3502 1339''1_ 1065 38554 341373900 _ _ 1523, _ 44356 5727, 442211 GP 63984D $200 $200.00 GP 63993D8/7/2014 $20000 GP 63985D8/7/2014.Coastal $200.00 GP 64017D $200.00 GP 64015D $200.00 GP 640181) $200.00 GP 64019D $200.00 GP 64020D _ $200.00 transfer/renewal fee 2190 $200,00 GP 63996D _ $200,00 GP 63997D _ _ _ $200.00 GP for 53 N. Ridge Surt Ciry $100,00 renewal fee $100.00 renewal fee _ $1_00_00 renewal fee $200.00 GP for Mazelle Trail, OIB $200.00 GP 631330 $200.00 GP 64076D $200.00 GP 63931D $200.00GP 64021D $400.00 GP 63268D $100.00 MP 191-05 modification $200.00 Go 63933D _ _ 8400.00 ma'or fee, 111 N. New River Drive, $100.00 rtwtl. Fee, MP 24431 $200.00 GP 63998D $250.00 I me or permit fee,NHCo A ua Vista _ _ _ _ SC _ Or. c� n 0 �m w Z �< v om zp z C> North Carolina Pat McCrory Governor Steve Morrison c/o Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Dear Mr. Morrison: 4 NCDENR Department of Environment and Natural Resources Division of Coastal Management August 26, 2014 John E. Skvarla, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Aqua Vista Farms, LL c% Mr. Maurice Emmert, for State approval for the proposed development at 100 Aqua Vista Drive, off Masonboro Loop Road, adjacent to Masonboro Sound, in New Hanover County. It was received as complete on August 13, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 28, 2014. 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 August 13, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. cc: Jonathan Howell, DCM Ronnie Smith, USACE Patricia Roberts, NH Co. Maurice Emmart, Applicant Sre Robb L. Mairs Field Representative rAU Rt;Cam G 2 9 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www,nccoastaimanagement.net An Equal Opportunity %Alfinnative Action Employer Nt)'1'IC13 r!AMA PERMIT APPLIED FOR PROJ exi adja New Hanover County. a PMMENTS ACCEPTED THROUCAPInfember �8, 20�4 rzml exAPPECANT: N O FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �1 NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Robb Mairs, Field Representative 910-796-7423 ��A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary AGENT AUTHORIZATION FORM Date: July 8, 2014 Name of Property Owner Applying for Permit: Aqua Vista Farms LLC Owner's Mailing Address: c/o Mr. Maurice Emmart 100 Aqua Vista Drive Wilmington, NC 29409 Email: va.ra-'t.cnacraaugzraid.ca!ea Phone ( ) Name of Authorized Agent for this project: Land Management Group, Inc. Agent's Mailing Address: c/o Laura Stasavich 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 Email: Istasavich(a0mi p.net Phone ( 910 ) 452-0001 I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for, and obtaining all CAMA Permits necessary to install or construct the following (activity): New docks and boat lifts within an existing man-made boat basin. For my property located at 100 Aqua Vista Drive New Hanover County, NC This certification is valid 1 year from (date) July 8 2014 Property Owner Signature Date 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: wm.nccoastatmanagement.net An Equal Opnotlunity 1 AlfnnaM Action Empbyer RECEIVED DCM WILMINGTON, NC AUG 13 2014 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Z Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Masa,,jbfNo �6bIVI v ��. 52f8 Mu W&W) ¢{Iwb W'Iwttn�tW' AIC J9 0`] A. ❑ Agent en ❑ Addre, B. D. Is delivery address different from Item 17 u Yet If YES, enter delivery address below: 0 No 3. S�er�vice Type VCertified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandis ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) - ❑ Yes 2. Article (Transfer 7005 2570 0000 5704 0440 (Tiansler from service labe _ PS Form 3811, February 2004 Domestic Return Receipt 102595 2-M-15 ■ Complete items 1, 2, and 3. Also complete A. Si ature item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse ❑ Addresse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Data of Deliver, or on the front if space permits. 1. Article Addressed to: D. Is deliveryaddress d' from item 1? ❑ Yes If YES, enter delivery address below: ❑ No uw-vi G'Y�, %r Sc �esu RECEMD 51y00 p1A0t YV 111 moss l.A*x AUG 2 9 2014 3. Sewype fB'Certifled Mail Express�lMail �� ❑ Registered ❑ ,nace 0"erphandist ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. (Ranscle rfrber oms 7005 2570 0000 5704 0464 (Transfer from service lab Ps Form 3811, February 2004 Domestic Return Receipt 1025"-M-154 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: wtxos 4vicva 533b N� it Read KC a A. Signature X �l Agent �j Addressee B. Rnived by (I � j C.De /oDXory D. Its delivery address different from Rem 17 ❑ Yes If YES,snRcRQFdI{SIW ONO DCM WILMINGTON, NC AUG 13 2014 3. SemiType �Sefmii� Mail ❑ Express Mall ❑ Registered ❑ Return Recelpt fa Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number lab (7005 2570 0000 5704 0457 _ Tmns/er from service el) PS Form 3811, February 2004 Domestic Rehm Receipt 102595-02-M-1540 Ak�LMG LAND MANAGEMENT GROUP INC. Environmental Consultants July 8, 2014 UNCW Center for Marine Science Attn. Mr. Paul Reinmann 5600 Marvin K Moss Lane Wilmington, NC 28409-3621 RE: Dock Improvements, Emmart Family Boat Basin; New Hanover County, NC CAMA Major Permit Application Dear Mr. Reinmann, This letter serves to notify you of proposed improvements within the Emmart family's boat basin located at the end of Aqua Vista Road. Improvements to the basin, including new bulkheading and breakwaters, were approved by a CAMA permit modification obtained by SEL Property Investors, LLC for the Emmarrs Landing Community Marina {now known as Helms Port). The current CAMA Major Permit application (enclosed) has been submitted to the NC Division of Coastal Management (NC DCM) by Mr. Maurice Emmart for Aqua Vista Farms, LLC. Proposed work would remove the existing fixed dock and all three existing boat slips. New floating docks and boat lifts would provide a total of nine boat slips. All docks will be contained within the existing basin and will be used by the Emmart family and their guests. As an adjacent riparian property owner to the project, you are required by the CAMA permit application process to be notified. A copy of the CAMA permit application (narrative, application forms, and figures) as it has been submitted to NC DCM is enclosed. Any comments on the project can be directed to Mr. Robb Mairs, NC DCM,127 Cardinal Drive Ext., Wilmington, NC, 28405. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the proposed project or the enclosed materials and can be reached at 910-452-0001. VpCEWED Sincerely, Laura Environmental Scientist FAUG 2 9 2014 oCM-MHD CITY RECEIVED DCM WILMINGTON, NC Land Management Group, Inc. (agent) AUG 13 2014 cc: Robb Mairs, NC DCM www.lmgroup.net • info*lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Ak�LMG LAND MANAGEMENT GROUP INC. Environmental Consultants July 8, 2014 Mr. Mathias Hunoval 5330 Holt Road Wilmington, NC 28409 RE: Dock Improvements, Emmart Family Boat Basin; New Hanover County, NC CAMA Major Permit Application Dear Mr. Hunoval, This letter serves to notify you of proposed improvements within the Emmart family's boat basin located at the end of Aqua Vista Road. Improvements to the basin, including new bulkheading and breakwaters, were approved by a CAMA permit modification obtained by SEL Property Investors, LLC for the Emmart's Landing Community Marina (now known as Helms Port). The current CAMA Major Permit application (enclosed) has been submitted to the NC Division of Coastal Management (NC DCM) by Mr. Maurice Emmart for Aqua Vista Farms, LLC. Proposed work would remove the existing fixed dock and all three existing boat slips. New floating docks and boat lifts would provide a total of nine boat slips. All docks will be contained within the existing basin and will be used by the Emmart family and their guests. As an adjacent riparian property owner to the project, you are required by the CAMA permit application process to be notified. A copy of the CAMA permit application (narrative, application forms, and figures) as it has been submitted to NC DCM is enclosed. Any comments on the project can be directed to Mr. Robb Mairs, NC DCM,127 Cardinal Drive Ext., Wilmington, NC, 28405. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the proposed project or the enclosed materials and can be reached at 910-452-0001. Sincerely, Laura Stasavich Environmental Scientist Land Management Group, Inc. (agent) cc: Robb Mairs, NC DCM RFCE1VED rAUG 2 9 2014 'ACM-MHD cffy RECEIVED DCM WILMINGTON, NC AUG 13 2014 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 L M G LAND MANAGEMENT GROUP INC. Environmental Consultants July 8, 2014 Masonboro Harbour HOA 5248 Masonboro Harbour Drive Wilmington, NC 28409 RE: Dock Improvements, Emmart Family Boat Basin; New Hanover County, NC CAMA Major Permit Application Dear Sir/Madam, This letter serves to notify you of proposed improvements within the Emmart family's boat basin located at the end of Aqua Vista Road. Improvements to the basin, including new bulkheading and breakwaters, were approved by a CAMA permit modification obtained by SEL Property Investors, LLC for the Emmart's Landing Community Marina (now known as Helms Port). The current CAMA Major Permit application (enclosed) has been submitted to the NC Division of Coastal Management (NC DCM) by Mr. Maurice Emmart for Aqua Vista Farms, LLC. Proposed work would remove the existing fixed dock and all three existing boat slips. New floating docks and boat lifts would provide a total of nine boat slips. All docks will be contained within the existing basin and will be used by the Emmart family and their guests. As an adjacent riparian property owner to the project, you are required by the CAMA permit application process to be notified. A copy of the CAMA permit application (narrative, application forms, and figures) as it has been submitted to NC DCM is enclosed. Any comments on the project can be directed to Mr. Robb Mairs, NC DCM,127 Cardinal Drive Ext., Wilmington, NC, 28405. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the proposed project or the enclosed materials and can be reached at 910.452-0001. Sincerely, Laura Stasavich Environmental Scientist Land Management Group, Inc. (agent) cc: Robb Mairs, NC DCM rRECEIVED UG 2 9 2014 Dcm-mmcrrY RECEIVED DCM WILMINGTON, NC AUG 13 2514 www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 J 2013033177 FOR REGISTRATION REGISTER OF DEEDS TRNNY THEUSCH BEASLEY NEN NRNOVER COUNTY, NC 2013 SEP 12 12:27:36 PM BK:576B PG:2964-2960 FEE:E26,00 1NSiRUM E 12013033177 NORTH CAROLINA SPECIAL WARRANTY DEED Verified by County on the _ day of 20! Mail/Box to: This inshwaentwas prepared by: Saffo Law Firm, P.C. 5900—B Oleander Dr., Wilmington, NC 28403 Brief description for the ludex: 94.39 acres Masouboro Loop Road THIS DEED made this —it, day of August 20_11 by and between Ca) -r-J ) 3 SAYLOR'S WATCH DEVELOPNINT. INC a North Carolina corporation AQUA VISTA FARMS. LLC. a North Carolina limited liability com 99 Aqua Vista Way Wilmington, NC 28409 RECEIVED AUG 2 9 2014 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assi inc` 6,& !TD ary gn part gns, and shall ude 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 fee simple, all that certain lot or parcel of land situated in the City of Township, New HanoveEoumy, North Carolina and more particularly described as follows: ALL OF THE GRANTOR'S RIGHT, TITLE, AND INTEREST IN AND TO THAT CERTAIN PROPERTY SHOWN AND DESCRIBED IN EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. The property heminabove described was acquired by Grantor by instrument recorded in Book 5679 page 1383 A map showing the above described property is recorded in Plat Book NC Bar Association Form No. 6 ® 1977, 2002 Printed by Agreement with the NC Bar Association — 1981 page Returned TO Btock,Crouch,Keeter,13ehmA kn�411 ft iams & Co., Inc. .. . www.JamesVilligms.com AUG 1 3 2514 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. SAYLOR'S WATCH DEVELOPMERT, ]INC. (Entity Name) Title: State of North Carolina - County of l AQ 1, the undersigned Notary Public of the County and State aforesaid, certify that 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 20 . My Commission Notary Public State of North Carolina - County of 1, the undersigned Notary Public of the County anritate a re aid, certify that (Lw S. onally carve before me this day and acknowledged that —he is the of S 0 • a North Carolina or corporation/li (trike through the inapplicable), and that by authority duly given and as the act of such entity, he tgned the foregoing anent in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this 3 of Yoy„� J . trr��, 20j. My Commission Expires: J • 01 State of North Carolina - County of k 7e 1, the undersigned Notary My Commission Expires: Public or seal, this I MCEMED Notary Public '•' my The foregoing Certificate(s) of Ware certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County Deputy/Assistant - Register of Deeds NC Bar Association Form No. 6 m 1977, 2002 Printed by Agreement with the NC Bar Association — 1981 James Williams & Co., Inc. RECEIVED www.Jameswilliams.com DCM WILMINGTON, NC AUG 13 2014 EXHIBIT A BEGINNING at a point in the eastern right of way line of Masonboro Loop Road (S.R. #1492, 60 foot right of way), said point being located South 61 degrees 34 minutes 30 seconds East 60.0 feet and North 28 degrees 25 minutes 30 Seconds East 842.82 feet from the point of intersection of the Western right of way line of Masonboro Loop Road with the centerline of Barton Oaks Drive; said point marking the northwestern corner of the property herein being described, as shown on a Preliminary Plan for Lucille W. Emmart Trust, prepared by Jack G. Stocks, RLS, and dated .Tune 1995 (herein "the Survey"), to which reference is hereby made. Running thence from said beginning point South 64 degrees 33 minutes 55 seconds East 1.46 feet to a point which marks the southwestern corner of the lot conveyed to Victor Brown, Jr, in Book 1077, Page 186, of the New Hanover County Registry. Thence continuing South 64 degrees 33 minutes 55 seconds East 1170.23 feet to a point. Running thence North 32 degrees 00 minutes 40 seconds East 12.68 feet. Thence North 13 degrees 42 minutes 40 seconds East 121.45 feet. Thence North 02 degrees 13 minutes 40 seconds East 123.38 feet to a point in the southern line of a 15 foot road. Running thence with the Southern line of said 15 foot road, South 64 degrees 01 minute East 733.78 feet to a point in the. line of the Smithie W. Cook lands (Tracts 1 and 2, Book 1320, Page 386, of the New Hanover County Registry). Running thence South 26 degrees 30 minutes 45 seconds West 239.95 feet to a point which marks the southwestern corner of said Smithie W. Cook lands. Running thence south 64 degrees 28 minutes 30 seconds East 702.46 feet to a point. Thence South 63 degrees 17 minutes 35 seconds East 785.10 feet to a point in the edge of the Masonboro Sound. Running thence with the edge of the Masonboro Sound, the following courses and distances: South 40 degrees 56 minutes 55 seconds West 224.50 feet, South 20 degrees 11 minutes 45 seconds West 129.36 feet, South 32 degrees 41 minutes 40 seconds West 193.59 feet, South 22 degrees 31 minutes 45 seconds West 221.46 feet, South 16 degrees 36 minutes 15 seconds West along the edge of Masonboro Sound to a point where the northern edge of the boat basin as shown in the Survey touches the edge of Masonboro Sound, South 71 degrees 18 minutes 55 seconds West 65.65 feet to a point where the southern edge of said boat basin touches the edge of Masonboro Sound, and south 21 degrees 20 minutes 14 seconds West 240.36 feet to a point which marks the northeastern corner of Masonboro Harbour (Map Book 31, Page 202, of the New Hanover County Registry) and which is also the southeastern corner of UCIUM rUG 29 1- RECEIVED DCM WILMINGTON, NC CIu: MDCrry AUG 13 HA the land herein described. Thence, turning away from Masonboro Sound and running North 59 degrees 33 minutes West 3329.44 feet to a point in the eastern right of way line of Masonboro Loop Road, said point marking the northwestern corner of Masonboro Harbour (Map Book 31, Pages 200-202, New Hanover County Registry) and also being the southwestern corner of the 'Land herein described. Running thence along the eastern right of way line of Masonboro Loop Road North 28 degrees 25 minutes 30 seconds East all the way to the point of BEGINNING. Containing approximately 94.39 acres more or less. The description recited above is based on the Survey which is incorporated herein by reference and made a part hereof. This is also the same property described in that deed from Maurice S. Emmart, Jr, and wife, Patricia G. Emmart to Aqua Vista Farms, LLC, recorded in Book 3153, Page 708, of the New Hanover County Registry. SAVING AND EXCEPTING FROM THE FOREGOING TRACT OF LAND all of that certain tract of land conveyed to Maurice S. Emmart, Jr. and wife, Patricia G. Emmart, by deed recorded in Book 1090, Page 273, of the New Hanover County Registry, together with the 30 foot easement for ingress and egress from said lot to Masonboro Loop Road as described in said deed. The tax parcel no, of the property herein conveyed is: R07600-003-014-000 rMCEIVED A;UG 2 9 2014 5 --. EWED ,,M WILMINGTON, NC AUG 15 2614 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 1f4MRflfffifflffftRflRfffltffftiff!!!!!iffffffittlFlftfffflfiflflffifflfHffNRlRfiiifiRf fflflRf f111f11NRY11ff1fff Rfff Filed For Registration: Book: Document No.: Recorder: 09/121201312:27:36 PM RE 5768 Page: 2964-2968 2013033177 5 PGS $26.00 CRESWELL,ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT *2013033177* 2013033177 .RECENED AUG 2 9 2014 >;C.M.-NuD CITY RECEIVED DCM WILMINGTON, NC AUG 13 2614 LMG LAND MANAGEMENT GROUP nm Environmental Consultants August 13, 2014 Mr. Robb Mairs NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: CAMA Major Permit Application Emmert Family Basin Dock Improvements, Aqua Vista Farms, LLC Masonboro Sound/AIWW, New Hanover County, NC Dear Robb, Please find enclosed a CAMA Major Permit application which is submitted on behalf of Aqua Vista Farms, LLC. The applicant is proposing improvements to docks within the existing man-made boat basin at the end of Aqua Vista Road and abutting Masonboro Sound. As you know, a December 2013 modification of CAMA Permit 24-81 authorized other improvements in this basin including a slight expansion of the basin to the west, a new boat ramp at the northwestern corner, and new bulkhead and breakwaters. That work will be completed by SEL Property Investors, LLC (per Permit 24-81) as well as maintenance dredging to a final depth of -6' MLW. The enclosed CAMA permit application proposes dock improvements that will be used by the Emmart family (Aqua Vista Farms LLC) and their guests. The existing fixed dock and three slips will be removed and replaced with new floating docks and lifts for a total of nine slips. All work would be below MHW and would be contained within the previously -approved basin footprint. Additional details are provided in the enclosed narrative, application forms and figures. Sincerely, Laura Stasavich Environmental Scientist Enclosures cc: Maurice and Mark Emmert, Aqua Vista Farms, LLC �. RECEIVED AUG 2 9 2014 RECEIVED DCM WILMINGTON, NC yyA��U�G-r 13 2014 �j AUG 13 2014 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ►7 'Boundaries are approximate and are not meant to be absolute. Map Source: New Hanover County Tax Parcels, NHC GIS. Roads, ARC GIS. LMG_ w .LMGroup.net Phone. 910.452.0001 •1.866. LMG. 1078 Fax. 910.452.0060 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 SITE J O 9 O O� 2 O RECEMD AUG 2 9 2014 DCM-McrrY Note: GIS parcels not updated with current property boundaries. ALCLIVLL CM WILMINGTON, AUG 13 2014 CAMA Major Permit Application Emmart Family Basin Dock Improvements New Hanover County, NC SCALE 1" = 1,000' (printed at 11" x 17") Figure 1 of 7 Vicinity Map Date: 06/12/2014 _ q/Vo//V \ \ Coastal Shoreline AEC Limn \ ` ` \ CgMq pe/VFt; ms pO� (NCDENR ORW Limit) ' \ ' m;r 2q MqR/ Y 81 N�9\ Property Boundary `.1 / Boat Ramp — with Emmert's Landing Subdivision y 0 ♦ (per CAMA (aka Helms Port) ' Permit 24-81) ��� ,00000 • . _ / I 30' Coastal � — • Shoreline Buffer Bulkhead Ex. brevet — Per CAMA ati ♦ Permit 24-81 30'Coastal mom— aF, Shoreline Buffer r _ T I I Ex. NHW t be excavated to 30't i r Coastal Shoreline � r Shoreline B r E.. wall � r I r outparcel: Maurice and IL r Patricia Emmert r r / /I r t r � IF For Environmental Permitting Only. Site Plan and Base Survey Provided by: Not for construction. Paramounte Engineering, Wilmington, NC i Breakwater / per CAMA Permit 24-81 Dolphin CAMA rm P it 24-81 t bulkhead per t Permit 24-81 Ex. Dock with 3 Slips O z Bouys k per CAMA Permit 24-81 Breakwater per CAMA Permit 24-81 i Adjacent to North: Emmarrs Landing Subdivision' and Community Marina / (aka Helms Port) Y Property Boundary with- mart's Landing Subdivision / (aka He Port), a J m O a G O co aCEIVED _ " " " Existing basin maintained to -6' ML AUG 2 9 2014 per CAMA Permit 24-81. Legend 1!GMiVIHbCnY - _ _ Property Line — - - — "Waters of the US" - Coastal Marsh =777:771 Normal High Water -- - 30' Coastal Shoreline Buffer — - - - — "Waters of the US" - 404 Wetland KZ�r,= . Ex. Coastal Shoreline 575' AEC Limit — — Jetty 5� per CAMA RECEIVED / Permit 24-81 nCM W 3805 Wrightsville Ave., Suite 15 Wilmington, North Carolina 28403 Telephone. 910-452 OD01 Emmart Family Basin Dock Improvements ng & Permitted Conditions Emmart Family Basin ILMINU I UN, N AUG 1 3 2U1 4 6/12/2014 Job Number: 1 "=300' 02-13-096 By: Figure: 3 of BULKHEAD FLOATING DOCK HANDRAIL DOCK BOX 12'x16' ACCESS LANDING UND MAYRGEMENT GRIIUP n.. GANGWAY Bellingham 0"W9 The Wodd's Most Comprehensive Marina Buiider Timber Division TEN d.X wnlalr¢MWneb,Y iMolmdM1m MM 6Me Pm 0mllm am ManM IMUstr—.Im aM sW M1 cemp .'MUCHmmwa ava Iamem MMpames oN Pna wM pe--nE 6e11011.m M.- I..,, Irc. UNIFLOATO, UNIDECNO aM UNISTACNOam Mtle VaEeno WBIIII, .E Marine IMid,Na,Irc. O B0.,gham Manne I..,, Irc. EMMART'S 9 SLIP Wilmington, NC ACCESS LANDING IIN-.1EJ Chetdced By. ___Date: Revisions: BULKHEAD Drawn by: T.S.G. Scale: Date: April 18, 2014 MI#: ML-1600000 Sheet: NOTES RECEIVED DCM WILMINGTON, NC AUG 1 3 2014 Emmart Family Basin 4/18/2014 Dock Improvements Scale i"=z' 3W5W ghtsWWAve.,SW 15 VYlmirgton, N,xM Ca,dina 2aCO3 Detail Access Landing 5 of (2) 3/8"THRU BOLT (TYP.) HDG CLEAT 'TYP' II 1 _62rr I I 4x4 TORSION BEAM (rYP.) ls" +/- TYP. WATERLINE 6 1/2" +/- TYP- 5 1r_534 r 1r_54e. � L� 1.-�rr BMT DECgNG (TYP.) I I 1/I- LAG1K71 3x4x1/4 ANGLE 31aa 4x6 CROSS1%4BOLT VP.) BRACKET TYP) WITH 2 BEAM (TYP.) 1/2" THRU BOLTING II 4x4 STRINGER (TYP.) FLOATATION (TYP.) 1/2" THRU BOLTS (TYP.) 3/8" LAG BOLT (TYP.) (6-8 PER FLOAT) - L_MG MANAGEMENTGROLR u. Fnv�.onmental Con�ull.nts 3805 WngMsvilk Ave.. SLA915 Wimirgtm, Na Ca m28403 Project: VINYL FENDERING OYPJ 1/2" THRU BOLT (TYP.) (2) 2x10 MECHANICALLY LAMINATED WALER (TYP.) Emmart Family Basin Dock Cross Section Bellingham The Wood's Most Comprehensive Manna Builder Timber Division rare alaxilg mmaila IaolNMarv'r"oonn wain ea. wo o, of Belligham Mare IMushi- Ioc aM MUN M Ee cope, n orocuceO or rn0 availade to INN'r000 MfaL oN pool vnXen pvmi4iD11 "ro BMliryaam Manre IeieLiea, Inc. UNIFLOIr .. UNIDECKO aM UNISTP Moor Igmlele orahm.. of BNllryaem Mare IlN , Inc. O Bellilgfam Mann. I.. 1. EMMART'S 9 SLIP Wilmington, NC TYPICAL & WIDE CROSS SECTION JOB # PS Clledred By: ___Date: Re11151gr16: Drawn by: T.S.G. Scale: Not To Scale Date: April 8, 2014 MI#: ML-1600000 Sheet: 1 Of 1 "1 RECEIVED DCM WILMINGTON, N AUG 1 3 2314 Revision Date: 4/8/2014 Job Number: NTS 02-13-096 3y: Figure: Anllinaham 6 of 7 - � I / C \' l C'qM HNAN H e%S Adjacent to North: o Coastal Shoreline AEC Limn '9 p F pi' \ e rt Emmarrs Landing Subdivision (NCDENR ORW Limit) ' o ��ir 24 MgRijy and Community Marina (aka Helms Port) Pro Boundary Property Boundary / ^ Property rY / Boat Ramp - QW mmart's Landing Subdivision i6 with EmmaR's Landing Subdivision 0 • (per CAMA (aka Helms Port) ' / Permit 24-81) per. (aka He Port) • . _ / 1 • 30' Coastal _ - - 0 • Shoreline Buffer �� Aµ . • ` - / Bulkhead �'a"a onvaper CAMA /3 • Permit 24-81 r Breakwater i per CAMA 3 30'Coastal Permit 24-81 Shoreline Buffer ' .3u J3"J \ / - q ' Dolphin 99 a r CAMA J / _ ( P rmit 24-8110 - f 4 Ex. NHW CO be excavated to bulkhead per (AMA Permit 24-81 3 Slips k with - � 3 Slips N - / JBouys Existing basin maintained toCSEEP LW - per CAMA _ _ per CAMA Permit 24 81. 17 2014 Permit 24-81 - - - - � 30' Coastal �„, - Legend / Shoreline B r Ex. Wall - - - Property Line Breakwater "Waters of the US" -Coastal Marsh per CAMA / Permit 24-81 - - Normal High Water —aP— — outparcel: Maurice and \ 30' Coastal Shoreline Buffer - Patricia Emmert ` _ _ "Waters of the US" - 404 Wetland ' Ex. Coastal Shoreline 575' AEC Limit � Jetty _ / y0 per CAMA / Permit 24-81 C`l !ml L � 11 For Environmental Permitting Only. Site Plan and Base Survey Provided by: 15 00 0 Not for construction. Paramounte Engineering, Wilmington, NC LMG 4NOYAe1GEtRX'IGBOVPi¢ Fnvironmen,ol Con,uleantf 3Bo5 Wrightsville Ave., Suite 15 WilminglGn, North Carolire28AIXi Telephone: 910-452-0001 Emmart Family Basin Dock Improvements & Permitted Conditions (mart Family Basin ilv.,I.IaTON, N AUG 13 r2 8f12/2014 Job Number. 1"=300' 02-13-M By: Figure: 3of7 MARINA CHANNEL perCAMA per CAMA i y Permit 24-81 ; Permit 24-81/ y le w Boaf Ramp Start y per CAMA Launching Dock Proposed Permit 24-81 4' x 60' Breakwater Access Platform a•-lo" s 1 a X�•V`n 3 F26-(: AD�O ♦ Proposed Breakwater D y y wI „ � ty N 0� 34' d 7 0 7 ' y O F N y Proposed lza• mn �•, � 9 Slips with nit n 7 Lifts m 3 so' - D y I 163"-6" O D " y 42• N y A o y 6. 6 D r I tu5' y 60' � 90'-10" Dolphin y r r i No more than nine vessels will be docked in the y •50, basin at anytime. y y $ y y 3 y y Bulkhead y per CAMA za• 6 o ao•-a•• We y y Permit 24-81 am Fx 6 y 6• t Md�; RFq� y 3`� FISHSTATION Platform Access Platform „ 'd Chd grFR y PADDLE BOARD one/✓�c� BENCH SEATING STORAGE RACK 9 60 y RFq q /Ae�c EX. RETAINING WALL 1''M gTFR qM er�7t A y ✓� 2y8'J e 1Y Project ajor erm t pp ICatl LMG we= Emmert Family Basin ,"t4 Na:aN . Do Improvements •- rifle: EX HOUSE 3805 MghLM[a Ave.. SUM 15 Detail Proposed DocksWilnn mton. North Cem1ine2e903 P Bellingham no"M The Wood's Mod compmhenaw Marina Builder Timber Division Tnle d-9m ina pNp aWrylnfom bones jdh le Na ply of aalnar+m Harms Ind..a�i-. and SWIM be mp�ad. reprWuwd o,.ada..an.N. m mim p t., grtpin,wrilhn pamueel"n ft. 2emnanem Manna mduO iaa. b[. UNIFLOATO. UNIpE V and UNISTALKO an epi m Veden•nm of BelliiyM1em W&. Mdud f Iz OBell'mpM1un MMn InWeNea, In . EMMART'S 9 SLIP Wilmington, NC PROPOSED DOCK OPTION III JOB # PS Checked By. ___Date: Revisions: May 27, 2014 Drawn by: T.S.G. Scale: Date: May 20, 2014 MI#: ML=160VCWW Sheet:iS NOTES 7 2014 t=Li DCM W1L1uli u l+ AUG 2 7 2014 5M2014 8/27/2014 by LMG Job Number: 1"=30a 02-13-M By: Figure: Rollinnham 4of7 BULKHEAD z 0 F u, Z z z a W J U Vl LL FLOATING DOCK HANDRAIL DOCK BOX 12'x16' ACCESS LANDING 3 Wrightsville Ave,Suite15 Vilmington, North Carolina 28403 TeleWwne: 910-452-0001 GANGWAY BULKHEAD Emmart Family Basin Detail Access Landing Bellingham ID The Wodd's Most Cwprehenslve Marina Builder Timber Division msa�propneMni�wM t* prop mBellhQh m Manz IMWfia.lnu,aMalopM W wpiM, repWucM w male avalladeb Natl yoke Hlt M yw MLLen peem'ssion M1om BelllrOaam Mafire IMuhin, Ma. UNIFIOTT®, .r BdllO aM ONISU(:NOare 1NOMlm paOemaM1s oleeWOMm N.M. I .lnc. O Belllrgllam MarneeIMUM6.IM In<. EMMART'S 9 SLIP Wilmington, NC ACCESS LANDING JOB # PS Checked By: _.__ Date, Revisions: __j Drawn by: TS.G. Scale: Date: April 18, 2014 MI#: ML-1600000 Sh N NOTF9 SEP 17 2014 )CM --NM= !)CM l+'ViLIMMTON, NC AUG 13 2014 Revision Date: 4/18/2014 Job Number: 1. = 2' 02-13-096 By: Figure: dellinaham 5 of 7 1213,18 THRU BOLT WYP.) JHDG CLEAT WYPJ 1 — 2 II 4x4 TORSION BEAM 0YP.) 18•• +/- TYPE - WATERLINE 6 1/2" +/- TYP. B. 1•-523 1._5_.. 1 -�'• 4 �BMT DECKING (iYP� � 2 I I 1/2' LAG 3x4x1/4 ANGLE 31_•• US CROSS BOLT (rYP.) BRACKET WVP,) WITH Al 2 /_BEAM WYP.) 1/2- THRU BOLTING 4x4 STRINGER WYP.) FLOATATION (TYP.) lW-THRU BOLTS WY LAG BOLT (rYP.) PER FLOAT) . uxoauur�Mtxrcxowe 3e05 Wrightsville Ave., Suite 15 Wilmington, Na61 Carolina 28403 Teleohone: 910-052-0001 Project: VINYL FENDERNG WYP.) 1/2- THRU BOLT (FYP.) (2) 2x10 MECHANICALLY LAMINATED WALER WYP.) Emmart Family Basin Dock Cross Section Bellingham inn The Word's Most Comprehensive Marine Builder_, Timber Division rn:amfSaapnlaim pmpawry Impf.IEn amainame pppeM1y aIBeII1.gM1am Marine IntlwMn.lm, aMSM1aII M .—pied repmeanae or mace ava0aaaumim �nrowv. oN giorwnMn permission mom eaNnaM1am Manna meuaNea, Irr. UNIFLOAT UNIOEOKS and UNISTAK®are r�is4N baaend.a. of B¢IlingM1am Manna IMustinda Ix_ 0 BellingnaT Marine Indn. 1. EMMART'S 9 SLIP Wilmington, NC TYPICAL 8' WIDE CROSS SECTION JOB # PS Checked By: Date: 'Revisions: Drawn by: T.S.G. Scale: Not To Scale Date: April 8, 2014 MI#: ML-1600000 Sheet 1 Of 1 NOTE SEP 17 2014 acr4190etry R iE f_iV D DCM 4i IL1;;? vCTON, AUG 1 G 2314 Revision Date: 4/8/2014 Job Number: NTS 02-13-096 By: Figure: Rwllinnhom 6 of 7 I *Boundaries are approximate and are not meant to be absolute. Map Source: New Hanover County Tax Parcels, NHC GIS. Roads, ARC GIS. SITE J O O OIZ 2 O } SEP 17 2014 Note: GIS parcels not updated with current RECENE s property boundaries. RrwCEiVEI✓ rP1 7 M INlLkIINGTON. AUG132014 CMMAD ND m SCALE 1" = 1,000' (printed at 11" x 17") LMG VMv.LMGroup.net Phone: 910.452.0001 •1.866.LMG.1078 Fax 910.452.0060 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 CAMA Major Permit Application Emmart Family Basin Dock Improvements New Hanover County, NC Figure 1 of 7 Vicinity Map Date: 06/12/2014 'k9SpN �\ B � �RdR Legend Property Line "Waters of the US" - Coastal Marsh Adjacent to North: Emmart's Landing Subdivision and Community Marina (aka Helms Port) Emmart's Landing (aka Helms Port) Upland Marina Basin per CAMA Permit 24-81 Ei' _ y -� '/ Upland Entrance Channel per CAMA Permit 24-81 P/L Z Subject Parcel Aqua Vista Farms LLC - 2a / Maurice S. Emmert Jr. Trustee "Waters of the US" - 404 Wetland For Environmental Permitting Only. Site Plan and Base Survey Provided by: Not for construction. Paramounte Engineering, Wilmington, NC Adjacent to S Masonb= H.ft.rHOA / i Coastal Shoreline AEC Limit / (NCDENR ORW Limit) / / Adjacentro North: UNCW Center /or Manx Science / Adjacent to NprM: / Stare of North CaroSx Adjacent to North Mathias Huxval Q / / J O �� l a.: O/ / a Existing Emmart Family Basin maintained to -6' ML per / CAMA Permit 24-81 o - / ro-I M-- / �SEP 17 2014 Ex. Open ter Chann maintained o -6' MLWer CAMA Pe it 24-81 / p MY �; .CEIVED / DCI'`1iLN;(NGT^N, NC �k\' / / / qUr 13 26i4 UCEPM SEP 12 2014 DCM Y."D CITY `Boundaries are approximate and are not meant to be absolute. Map Source: New Hanover County Tax Parcels, NHC GIS. Roads, ARC GIS. �LMG, w .LMGroup.net Phone: 910.452.0001 •1.866.LMG.1078 Fax: 910 452.0060 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 I SITE 1 Note: GIS parcels not updated with current property boundaries. RECEIVED M WILNIINGTON, AUG 13 1614 CAMA Major Permit Application Emmart Family Basin Dock Improvements New Hanover County, NC SCALE 1" = 1,000' (printed at 11" x 17") Figure 1 of 7 Vicinity Map Date: 06/12/2014 Adjacent to North: Emmert's Landing Subdivision and Community Marina (aka Helms Port) Emmarrs Landing (aka Helms Port) Upland Marina Basin per CAMA Permit 24-81 Uffion Upland Entrance Channel per CAMA Permit 24-81 Subject Parcel Aqua Vista Farms LLC - Maurice S. Emmert Jr. Trustee RMMW SEP 12 2014 / Coastal Shoreline AEC Limit / (NCDENR ORW Limit) / / Adjacent to NM / UNCW Center for Marine Stieno / / Adjacent ra North: / Slale orNodh Carding / Ailed m NorM l Mathias Hurpral / Y / Q / / 2 / O / / h / / A m/ Existing Emmart Family Basin c maintained to-6' ML per / CAMA Permit 24-81 / Ex. Open W ter Channel/ / maintained o -6' MLW er / CAMA Pe it 24-81 / / CEIVED / DC 14NLN114GTON, (VG % AUG 13 2514 For Environmental Permitting Only. Site Plan and Base Survey Provided by: HMS of for construction. Paramounte Engineering, Wilmington, NC Adjacent to North: Coastal Shoreline AEC Limit Mq A HNF s jOod' I \ e 4_ �M and Co s Landing Subdivision (NCDENR ORW Limn) I Y ♦ • m7ij? qR�N and Community Marina - I ♦ 8 q (aka Helms Port) � ♦ / Property Boundary I � Boat Ramp Property Boundary with Emmart's Landing Subdivision y ♦ • (per CAMA w1th. mmart's Landing Subdivision (aka Helms Port) I / Permit 24-81) (aka He Port) _ .001 _ • 30' Coastal . _ _ ♦ ♦ I Shoreline Buffer ��� _ ♦ ♦ • - I Bulkhead �i - • _ _ per CAMA EX G,,,;Drna Permit 24-81 Breakwater 3 =* + - per CAMA / 30' Coastal °(' „� , Permit 24-81 Shoreline Buffer 'J / 1 ��`� /rZlift olphin a CAMAP 24-81 G Ex. NHW\ / rU / t be excavated to r bulkhead per AMA Permit 24-81 / Ex. Dock with + 3 Slips - - Existing basin maintained to �' MLW \ per CAMA Permit 24-81. r / \ per CAAMAMA _ _ Permit 24-81 _ - _ - _ 30' Coastal � Legend / Shoreline B r Ex Wall property Line — - - eF'a / - - - - - _ Breakwater "Waters of the US" -Coastal Marsh / + + per CAMA Permit 24-81 Normal High Water --- ` / outparcel: Maurice and \ - - 30' Coastal Shoreline Buffer — - - - — � Patricia Emmart � +� "Waters of the US" - 404 Wetland Ex. Coastal Shoreline 575' AEC Limit r r I Jetty WED WE per CAMA >au D / Permit 24-81 nrl r -r � � I itE WED SEP 12 2014 For Environmental Permitting Only. Site Plan and Base Survey Provided by: 0 DCM-MO CIT_Y of for construction. Paramounte Engineering, Wilmington, NC "e. VhILIVIINV I ON, N AUG 1S2014 Bulkhead per CAMA Permit 24-81 Boat Ramp per CAMA Permit 24-81 Access Platform S0 163'-6" 42' 6' 60• X 1 Bulkhead per CAMA Permit 24-81 5 SEP 12 2014 r -MHDCrr Breakwater per LAMA / Permit 24-81 Launching Dock 4' x 60' Proposed Breakwater OProposed 9 Slips with 7 Lifts O So' a 6• 24' o m FISH CLEANING Access STATION Platform BENCH SEATING EX HOUSE 90'-10" 128' Start Proposed Breakwater 0 I9 v Dolphin No more than nine vessels will be docked in the basin at any time. PADDLE BOARD STORAGE RACK O so.-4" 6• LMG Lu�NiNMi84FM fiHIVlu. FYNrMwewlIX Ca,uurys.t f WnghtaANe Aw., Suim 16 Mon. NOM Carding 2a4O3 Emmert Family Basin Detail Proposed Docks Bellingham NOR"@ The Woffs Mad Compmhensk a Marina Builder Timber Division be & BalglW .WM.lnc.M.-,.m.nO «ro bddgkad�w®.,tidaw art �, neme-mm94MWdn MFLOATOUNMES.n4 s®meWWuna. d V4&Hell nMan'.InaIInC 0Bellingham Maem InWMu.lM EMMART'S 9 SLIP Wilmington, NC PROPOSED DOCK . OPTION III JOB # PS Revisions: May 27, 2014 Drawn by: T.S.G. Scale: Date: May 20, 2014 MI#: ML-1604679 Sheet: NOTES DCM WILMIiINGTON,NC AUG 272014 5/20/2014 1 8/27/2014 by LMG 1._30- 40f7 FLOATING DOCK HANDRAIL DOCK BOX BULKHEAD- ------II LL 12'x16' ACCESS LANDING rD RECEMm P 12 2014 CM•M arY Fnnranfnemal Confultann wL 3805 Wrightsville Ave., Suite 15 Nlmington, North Cmdire 28CO3 Telephone: 910452-0001 GANGWAY BULKHEAD Emmart Family Basin Detail Access Landing Bellingham MORM ID The Wadds Most Comprehensive MarinafWilder Timber Division mieelaMBe¢ndw Marrelrv1In,.`MliAAno Mopem of eenilgnam Mantic IM ilatle mc., tfra ll not ce to. reprMu t o, maEe aveileMero M.dpallid . IM Uiw L0AT pet M0EC Mm 9e N1STm MaNre Intlwtliea, In<. UNIFLOhTp, UNIOECK®aMUNISTP oo regaklM VaOe 0 Se of BeIIVMMam M.M. IM.1. Ila. O Bellinp�am Mantle IMueTn, IM. EMMARTS 9 SLIP Wilmington, NC ACCESS LANDING JOB # PS (CMedoed By: Date Revisions: Drawn by: T.S.G. Scale: Date: April 18, 2014 MI#: ML-1600000 Sheet: NOTES RECEIVED DCM WILMINGTON, NC AUG 13 2614 Revision Date: 4/18/2014 Job Number: 1" = 2' 02-13-096 ey: Figure: iolli.ham 5 of 7 2) 3/8'THRU BO (ivPLT (rW.) HDG CLEAT I I 4x4 TORSION BEAM (TYP.) 18•• +/- TYP. WATERLINE 6 1/2" +/- TYP. SEP 12 2014 E)C'M-MfiD crty Bellingham we The Wavlds Most Comprehensive Marine Builder Timber Division T 1dmlw 1. peppery irftu wnlcF'�e Ne popery of Be ftV nn My IMuelnes, Ilu., mW sM1aY mA M wqM, repMuwG d eW]e enilaEle b111iN �m� WMt ' 'bZOlen {<,NJDECZBUN'ham MenlleIM,rs4is, Inc. UNIFLORTO. UNIDECKO eM UNISTPLKOmreyblavJ hWe M NBhti p MeNec. Manna I 0ulnc Belll,pMarne IMUNR Nc EMMART'S 9 SLIP Wilmington, NC TYPICAL & WIDE CROSS SECTION S. 1.-5_.. 1•-5_.. 1•-�.. VINYL FENDERING (TYP.)�JIDB # PS 4 �BMT DECKNG(iVPY� 2 II _._ 1 1/2' LAG 3x4x1/4 ANGLE 31•• 4x6 CROSS BOLT A.) BRACKET (rVPJ WITH 1/2" THRU BOLT (rwJ Checketl By: ___Date: 2 BEAM (rvPJ 1/2" THRU BOLTING Rwislms: 4x4 STRINGER (TYP.) 1/2" THRU J IN BOLTS (TYP-) (2) 2x10 MECHANICALLY LAMINATED WALER (TYP.) 3/8" LAG BOLT OW.) LAMINATED by: T.S.G. FLOATATION (TVP,) (6-8 PER FLOAT) Scale: Not To Scale Date: April 8, 2014 MI#: ML-1600000 Sheet: 1 Of 1 NOTES RECE!Vl DCM IJjiUv1!,NJG I ON, AUG 1 3 2614 LMGEmmert Family Basin 4/8/2014 �p Job Number: Dock Im rovements scams NTs -- -- --- 3805 Wrightsville Ave., Butte 15 T'�loating Dock Cross Section Drawn By: Figure: Niimington, North CamlmaW= Tvniral Rellineham 1 6 of 7 MARINA CHANNEL Boat Ramp per CAMA Permit 24-81 Access Platform Bulkhead per CAMA Permit 24-81 Bulkhead ///��� Breakwater per LAMA / per LAMA / Permit 24-81 / Permit 24-81 Launching Dock 4' x 60' 4'-1 4a O 26' o O Proposed sz• Breakwater so' 163'-6" 6' 60' - UJ 34'0 OProposed 9 Slips with 7 Lifts O 42' 0 O I- 61'-3" i 6• FISH CLEANING STATION BENCH SEATING EX HOUSE 7 90•-10" 128• Start Proposed Breakwater r r r r r r� r I a I D t D +� 3 OD OD 110 r r — �— Dolphin No more than nine vessels will be docked in the basin at any time. r lkET „ r m \71 + lite�F Access 6' ayra giryLgr ru Platform „ Cha FR r PADDLE BOARD �he� �✓�` STORAGE RACK (C r ejT'Fq qMq A /,oe� c r 1''M g2F,Q e��'t'2g �M'9.oe r cl?✓ 117J Bellingham 0"M ID Tire W011tf'S Most Comprehensive Marina Builder Timber Division Tl.ie OrmnB K^Vina poplavry IMormRm xeyl bM WG �YWPBwnBMm WnK �MufEMs.Inc..Itl fIW Kf M MwwMnp UNIMm . BNIMyiem MW.Ir4.!V. IK. UNIR(MTO. UNI"Ifl' BM UHIST/.CNONIpI,Y 1 heGSK�a W9"IIiiOMmFYMeIMUOies. Lic O BM W ipNvn MPM1. I� W iMw, IK. EMMART'S 9 SLIP Wilmington, NC PROPOSED DOCK OPTION III JOB # PS Checked By: _._._Date: Revisions: May 27, 2014 Drawn by: T.S.G. Scale: Date: May 20, 2014 MI#: ML-1604679 Sheet: NOTES DCM WILMINGTON, NC AUG 272014 Project: UAMA Major Nemlli Application Date: Revision Date: LMG Emmert Family Basin 5/20/2014 8/27/2014 by LMG scale Job Number 02-13-096 """.,,•"`°"". "°`"'. Dock Improvements1"=30' Title: 'W5,ggh a Caro ;2UM Mimi Teleplw,e:970I52-0001 Detail Proposed Docks Drawn By: Bellingham g Figure: 4 of 7