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HomeMy WebLinkAbout57-14 Creech, JimmyPermit Class Permit Number NEW 57-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 4 3J JrMtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Jimmv Creech, 609 Queen Ann's Road, Greenville, NC 27858 Authorizing development in New Hanover County at Masons Channel 17 Beach Road South. Figure Eight Tcla_nd as requested in the permittee's application dated an /1 a including the attached workplan drawings (3) all dated 4/1/14 This permit, issued on rp•n^ 77, 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. Bulkhead 1) The permitted bulkhead shall be constructed immediately waterward of t#,e dilapidated bulkhead. JUL 11 2014 2) The bulkhead shall be constructed prior to any backfilling activities. 3) The temporary placement or double handling of fill materials within waters or VEVeMMtlands is not authorized. 4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. J �f This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Brixton C. Davis, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must 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. This permit and its conditions are hereby accepted. ro Signature of Permittee fir:° Jimmy Creech Permit #57-14 Page 2 of 2 ADDITIONAL CONDITIONS 5) The bul -gall a solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suhCterials approved by Division personnel. 6) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 7) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 8) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 9) 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 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. 10) No wetlands shall be excavated or filled, even temporarily, outside of the area as indicated on the attached workplan drawing. 11) 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. 12) 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. t 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 i 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. 14-0476. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW 1999-01613. Pe t Class Permit Number NEW 57-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 1%1.4L pPF All ennit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Y X Excavation and/or filling pursuant to NCGS 113-229 Issued to Jimmy Creech, 609 Queen Ann's Road, Greenville NC 27858 Authorizing development in New Hanover County at Masons Channel 17 Beach Road South F16rP Fight Island , as requested in the permittee's application dated 411114. inking the `This permit, issued on T17nP 27, 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. Bulkhead 1) The permitted bulkhead shall be constructed immediately waterward of the existing dilapidated bulkhead. 2) The bulkhead shall be constructed prior to any backfilling activities. 43) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 4) The bulkhead shall be structurally tight so as to prevent seepage of backftll materials through the structure. (See attached sheet for Additional Conditions) s permit action may be appealed by the permittee or qualified persons within twenty (20) days of the issuing An appeal requires resolution prior to work initiation or mance as the case may be. This permit must be accessible on -site to Department ;`.personnel when the project is inspected for compliance. `• Any maintenance work or project modification not covered. hereunder requires further Division approval. work must cease when the permit expires on December 31, 2017 issuing this permit, ' the State of North Carolina agrees your project is consistent with the North Carolina Coastal agement Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Jimmy Creech Permit 957-14, Page 2 of 2 ADDITIONAL CONDITIONS 5)` The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 6)' = All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 8) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of 'a hase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 9)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 5:.. 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 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. .10)"_ -' No wetlands shall be excavated or filled, even temporarily, outside of the area as indicated on the attached workplan drawing. 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. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTEr This permit does not eliminate the need to obtain any additional state, federal or local permits, ` approvals or authorizations that may be required. NOTEt 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. TE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 14-0476. k� NOTEi.= The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW 1999-01613. DCM MP-1 APPLICATION for Ma1or Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary ApplicanU Landowner Information Business Name Project Name (it applicable) Applicant is First Name / I MI J/rrtr„ `1 Last Name Ct --C Applicant 2: First Name MI Last Name I If additional applicants. please attach an additional page(s) with names listed. Mailing Address / j PO Box C t State b ttA; �l� ZIP I Country No. I FAX No. v P95(l USMe �P7hone 'I /j /07 ext Street Address (it different from above) City Slate I ZIP - Email J 2. AgenUContractor Information +r:t.lxrcu Business Name S �rl►9w� ��" ram/ MAY 0 9 2014 Agentl Contractor t First Name i MI Last Name ncu•YHDcrrr Agent/ Contractor 2. First Name MI Last Name Mailing Address =ext State ZIP _ Phone No. 1 igly -Y-- No 2 ext. FAX No Contractor a St reel Address (if different from above) City State ZIP Email e��y � htsa, un+1 <Form continues on back> DCM WILMINGTON, NC APR 15 2014 Form DCM MP-t (Page 2 of 4) 1 APPLICATION for Major Development Permit 33. Project Location Coun (can b�qmultiple) street Address State Rd. # 110, /24ow5iiijiv od - Subdivision Name City Slate Zip i r/Guita 616e �p" �✓ylni 77>h INC Lot Nu js) (if many, attach additional page with list) Phone No a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project 1 c. Is ve water body identified in (b) above, natural or manmade? i d. Name the closest major water body to the proposed project site. Natural ❑Manmade ❑Unknown �Aj��ht C z-ft _ yyy1 e. Is owork vnthin city limits or planning junsdiction? I. If applicable, list the planning jurisoiction or city limit the proposed ❑posed Yes No work fallswithin. i 4. Site Description a. Total length of shoreline on the tract fit J b. Size of entire tract (sq.ft.) 93V nv' ) c Size of individual lolls) d. ApliKoximate elevation of tract above NHW (normal high water) or normal water vet / IQQ Y166 t NW L (1 i/ with a lost)NHW or L 7(, (1t many lot sizes, please attach additional page e. vegetation on tract .An� f. Man-made features and uses now on tract (�1ti �2tt vay� rc �e l ?)a �c� g. Identify and describe the existing land uses adjacent to the proposed project site. DCM-b±?merry h. How does local government zone the tract? i. Is the roposed project consistent with the ap Iicable zonings 7 / (Aft h zoning compliance certificate, d appf able) ❑NA es ❑No j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes o k. Has a professional archaeological assessment been done for the tract? if yes, attach a copy. ❑Yes o ❑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? rlmli11=1.V CLJ <Form continues on next page> ON WILMINGTON, NC APR 15 2014 Major Development Permit 0 m. (i) Are there wetlands on the site? 7es ❑No(if) Are there coastal wetlands on the site? Vo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes (Attach documentation, if available) n. Describe existing wastewater treatment facilities. fr►ulia Si, e) o. Describe existing drinking water supply source. Mk .II.rL p. Describe existing storm water management or treatment systems. 4 tiwlc Nay; 15. Activities and Impacts Fa. Will the omiect be for cornmemial, public, or private use? Give .�abrief ]description of purpose, use.. and daily operations of the project when complete. �1S/Nn /zls1✓ r%i'i.^�'�ttl4i•�l aU{lultr'ytb %v,,. S�{ow(,l/r(� 5/��n"i7m, c. Describe the proposed construction methodology, types of construction equipment to be used during construction. the number of each type Of a +pment and wyere it is to be stored. � ro t�i lk/f % 1 , �ifsml/r� tZ sr, j l✓irrim J e rn. w&Aib,4X d n 4d �Lm ox rin= d. list all development activities you propose. ' As�l(.�%iw %r> r %/n 4 1 � w �� 4; / y�3nn hu/ crnt>. i e. Are the proposed activities maintenance of an existing project, new work. or both I. What is the approximate total disturbed land area resulting from the proposed project? J EfSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes UNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RECEn NpML MAY 0 9 I. Will wastewater or stormwater be discharged into a wetland? []Yes ENO ❑NA If yes, mll this discharged water be of the same salinity as the receiving water? ❑Yes ❑N ❑NA I. is there any mitigation proposed) - - -❑Yes MNo ❑NA If yes, attach a mitigation proposal. E 2014 ki 1 RECEIVED <Form continues on backs DCM WILMINGTON, NC A P R 1 5 2014 Major Development Permit 6. Additional Information l In addition to this completed application form, (MPa) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps. plats, drawings to distinguish `oMtwcelrwdr� crorrtptbtttrarkr-praposeL. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar valh 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 OENR. f. A list of the names and complete addresses of the adjacent waterfront (ripanan) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mad. 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 J&kg/5j�, Wl:f l�� 1 do �1 Phone No?/74 �— 3 Address y�, .L/l(rw�trgrt/Iq /1)(4, OIL, do/4646#�. p..�0� t Name %L�/1'n�l a Phone No.?/9 Addresss,a$0rtgjAd v/t�i✓ At. 4,61, JkG 27602 l 7_ Name �Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers. permiuee, and issuing dates I h Signed consultant or agent authorization form. if applicable i i. Wetland delineation, if necessary. i A Ri...-A AFr. ha)ard nnlira fnr nrnicrtc in .coon Lnnr ann �nier o_.-gym_r��yy(�gy ed.Oy, 'gFelLy-9rv9ef}..--.._-.._,--.. ... _ . j I 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 i of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land —� I 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 evaivating 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 Dater Print Name l���Q ��) REED Signature MAY 0 9 2014 iC e indicate application attachments pertaining to your proposed project. M MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts XV M_HDCr1T ❑DCM MP-3 Upland Development RECEIVED ❑DCM MP-4 Structures Information DCM WILMINGTON, NG APR 15 2014 Form DCM h1P-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Jcint Application for CA7v A Nlajor Permit, Fcrn D0A SIP-t ee sure to ccmp!ete all other sections of the Joint Application that relate to this proposed project, Please include ail supplements. irformaLon. Describe below the purpose of proposed excavation and!or fill activities. All values should be given in feet. Access I j Other Channel Canal I Boat Basin I Boat Ramp Rock I (excluding Rock Groin I Breakwater shoreline (NLW or NWL1 stabilization Il Length Width Avg. Existing I ! NA � NA I Depth I 1 I Final NA I NA Depth 1. EXCAVATION a. Arro, n: of matenai to oe excavated from below \i-':i Cr „L In cLblc yards. c ti) Does the area to be excavated inc,ude coas:a! werands;marsh (CW), sucmerged agcat:c vegetation (SAY), she!! oct:cm tS9). or other wetlands (WL)? If any boxes are checkeC, provide the nurnoer of square `eet affected. UCW ❑SAV C59 ❑tYL ❑None In) Describe tre purpose of the excavation in these areas. kr r 2. DISPOSAL OF EXCAVATED MATERIAL a. Locaticn of dispose, area. c. (1 Do you calm :r.!e to disposal area? Wives ❑No ❑NA (ii) If no, anacn a .e"er granting permission from the owner. e (i) Does the dlsposai area Induce a-,,y coastal wevandsimarSh sucmerge: aquatic vege:a:ion (SAV), shed bottom (S3), or other wetlands (WL)? If any boxes are checked. provide the number of scuare feet affectec. ❑C , ESAV ❑S3 _ ❑Mne (h! Cescnce tie purpose df C sposal in these areas. b. TYoe of material to be excavated. d. Kgn•^yrour.d excavation in cubic yards. b. area sechcn not applicable section not app'Icab. d (i) Will a disposal area tie available for Future maintenance' ❑Yes []No ❑NA (tll If ,,as. where? f. I,) Does the disposal incit de any area in the Wate'? ❑Yes ❑No (DNA (n) If yes, how much waver area is affected? g�ryp� RECEIVED DCM WILMINGTON, NC " MAY 0 9 2014 APR 15 2014 3. SHORELINE STABILIZATION (if development is a wood groin, use MP-4 — Structures) ❑This section not applicable I a. Ty94 of shoreline s:atmiza:ion: b. Length. 3dkhead ❑Riprap ❑Break'waterlSiu ❑Cther. c. Average distance watenvard of NHW or NWL: c. Maximum distance waterxard of NHW or NINL: a, _ a, e. Ty a of stabiliza' n material: qi t L otim t. to Has there beer. shoreline erosion during preceding 12 m-ves ,,,,lam,, I t oli iL itt�LN ) ❑Yes o ❑YA (ii) if ,as, state amo. nt of erosion and source of eroslcr as.cun: iriormaocn. g. Number of square feet of fill to be placed below water level. h. Tyy1p/e of fill material. Bulknead back(ll _ Riprap BreakwaterlS:f I. Source of fi,l material. a4m Svunci I 4. OTHER FILL ACTIVITIES YThis section not applicable I (Excluding Shoreline Stabilization) a. (;) b'✓III gill marenal be brougm :o the site° ; Yes 'No ❑NA y.... lQ 'Nil hit mate•,al be placed in coastal wedands(marsh ic,v), submerged aquatic vegetation (SAV), sheil bovom (Ss), or If yes. other we.!ands tWL)l If any boxes are cnecKed provide the tii) Amount of materal to be piacec ;n the waver number of square feet affected. (di) Cimens;cr's of fill area ❑CW ❑$AV ❑S3 _ (iv) Purpose of 6Il OWL ❑None Describe me purpose of the Eli in mesa areas: 15. GENERAL a. Hdw wBly.e6YIjS' -ate' a'- _e kect c site and eros,cr, b. ✓na::ybe c, co�sircc:;cn equ;pmen; will be used (e g . d. agiire. contrbled? ca Oce. or ny ra,J,c dredge} Pl�u 16t �n� u�suG�lk� wl U i htu.6 c. (i) Z11 navi-„ahnal a ds be recuired as a result of :he project? d. (i) Will wetlands be c, ssed in :ransportoo equipment ;c broje:: ❑Yes No ❑NA s4e�^,ves o ❑NA (ii) If yes. explain what type and hcw !hey will be implemented. (iq If yes, exblain steps tha! will ce taken !o avoid or mrmm;ze ervvonmemal impacts. sir.. RE=mn I 'Mill Date Project Name Appel,pant Name N ••", vU CUP? V Y CI%� Applicant Si attire iHDCITY RECEIVED DCM WILMINGTON, NC APR 1a 2014 RGEDLAND5 ° E — — _r— 5C 51' ° 3 `3 0 30' CAMA ¢ G�3 5ETBACK J � I Ln I I — I i Poe-, En T sew, Z 06V. S.i i O J.7' 6.730 � I W U) I m C I m i m m o I U') ° ,m C Z Ln G,5 0G67 c 305ETBACK CONCRETE F 0G'7 PiEK IaI ' N28o — It ,�L 0 C3 G 43 Cell 1 q. I '/i .L,, e.26 D6 26 (- l�'9gd" � 6.25 G E 4 G 30' CAMA 0G O SETBACK I I O G.5 i I O I G.43 G I t m un 06 I 7.022 G 0 i W w I o m C.49 G.34 c -�--° N — J 7.G3 ARKING PAD 6.46 i \ 6.17 0V.63 \('� \C06�_ .. 7.43 9.0— S36°282 E _ __�_ —4 e.04 1 - 6 20 - SUBMERGED LANDS tu��l� bir 7 Z/ IC 9,15 w5m 0G6.21 � G.26 C0n 0. 2< 8 36 RE CIMM c MAY 092014 0 DCM-MHDCITY 0 6.'0l r, /51���'/I•pSmu� hMH BEACH 1 DEED BOOK 5, UNIMPK 8.88 RECEIVED DCM WILMINGTON, NC 704 G APR 1 2014 /V 3 -- J C Jim /I gL�oel 56il 10 G✓drnJ �1( Zg0 y2n!'.utneM Od rOk ✓) n fro ?�� � nNnau Errww t `/ \ ,),egd IA-1 i D I'N v� z iii G) < �)1 �d Nor A#aV 44fo 17AA 0m Z Z (7 2 0 N_ FsSMo�Ca,�°rxT�e. v.aso.ew .w.o.sen n. c. ee�eo �8 K20G rum So"rsd1X6' eaNcom AMwo•y rtroar 1 AAA 6�j i; r�0?7.� wvmi'wjYz� "'/— ;ey/ LOCATION MAP VO'105G SURVEY REFERENCE SEED DOCK 1735 'AGE 1206 NIA' 300K ' 3 PAGE 12 MAY 0 9 ?n'4 DCM-MHD CITY LEGEND 0 - X0'4 ':'E Q 5=-i IRON I o RECEIVED = MO JC ! El- r,tonuvEVTDCM WILMINGTON, NC _ C=NTER_ NE APR 1 5 2014 MAtA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 19, 2014 Mr. Jimmy Creech 609 Queen Ann's Road Greenville, NC 27858 Subject: EXEMPTION Stormwater Project No. SW8140520 Creech Bulkhead Project New Hanover County Dear Mr. Creech: John E. Skvarla, III Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on May 7, 2014. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.leW nodenr.gov. Since ety, for Tracy E. D Is, P.E., Director Division of Energy, Mineral, and Land Resources GDS/arl: GAINQISharedlStormwaterlPermits & ProjecW20141140520 Exempfion12014 06 permit 140520 Go: Ed Flynn; F&S Marine Contractors, Inc. New Hanover County Building Inspections RECEIVED Jonathan Howell/DCM Tara MacPherson/Shaun Simpson-DCM WIRO Wilmington Regional Office Stormwater File JUN 2 B 2014 DCM-MHD CITY Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax (910) 350-2004 An Equal Opportunity 1 Affirmative Action Employer • 30% Post Consumer Paper • Internet: htto://l)oM.nodenr.orgAyWr/ y U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-1999-01613 County: New Hanover U.S.G.S. Quad: Hampstead GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Jimmy Creech Address: 609 Queen Anne's Road Greenville, NC 27858 Telephone Number: Size (acres) 0_34 Nearest Town Figure 8 Island Nearest Waterway Banks Channel River Basin White Oak USGS HUC 0320302 Coordinates Latitude: 34.26686 Longitude:-77.74758 Location description: The property is located at 17 Beach Road S., on Figure 8 Island, near Wilmington. New Hanover County, North Carolina. Description of projects area and activity: This verification authorizes the discharge of fill material into 100 square feet of wetlands for the replacement of a bulkhead. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 3 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated April 1. 2014 Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ronnie Smith at 910-2514829 or by email at ronnie.d.smith(d),usace.army.mil Corps Regulatory Official: Ronnie Smith \ Doe: it+i66IM014 Expiration Date of Verification: March 18, 2017 0 JUN 0 4 2014 DCM-NMD CITY Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: The site exhibits features with Mean High Water and wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and applicable Regional Supplements, and are adjacent to Banks Channel, which is a navigable water of the United States pursuant to the policies and criteria set forth in 33 CFR 329. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Atm: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by August 1, 2014. ""It is not necessary to submit an RFA fo a Division Office if you do not object to the determination in this correspondence.*" Corps Regulatory Official: �_ .. Ronnie Smith Date of JD: June 2, 2014 Expiration Date of JD: June 2, 2019 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hbtt Wre ug latory.usacesurvev.com/. Copy furnished: Mr. Ed Flynn F&S Marine Contractors, Inc. Post Office Box 868 Wrightsville Beach, North Carolina 28480 Mr. Jonathon Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Tara McPherson North Carolina Department of Environment and Natural Resources Division of Coastal Management 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 WErVE0 'IN 0 4 2014 D(qy-AMDCrrV i MUM -- - - - ---North Carolina Department of Environment and Natural Resources - Pat McCrory Governor. June 30, 2014 Jimmy Creech 609 Queen Ann's Rd. Greenville, N.C. 27858 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 if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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 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. Sincerely, coo os H Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone. 252-808-28081 FAX 252-247-33301 Internet: mimnccoastalinariageinent.net An Equal Opportunity l Affirmative Action Employer DCM Coordinator:-tipw,a Permit #: MAILING DISTRIBUTION SHEET Permitee: Agents: y 4 c_ DCM Field Offices Elizabeth City Morehead City Washin ton i min (with revised work plan drawings) US ACOE Offices: Washington: Raleigh Bland �. Wilmington: re Cultural Resources: Renee Gledhill -Early or ( nvironmental.review@ncdc v) Public Water Supply: iane Williams Joey fe(WARO) NC DOT: _�- Shellfish Sanitation: atti Fow State Property: im Walto Water Resources: azenFenn:essy s R o (NC DO ) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis — 401 Ch oburn - 4 Lin � s - Stonnwater Wildlife Resources: a Dunn (WARO) � LPO: Fax Distribution: Permitee Agent #:_ /. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Jimmy Creech c/o Ed Flynn 2. LOCATION OF PROJECT SITE: Site is located at 17 Beach Road South adjacent to Banks Channel and Middle Sound on Figure Eight Island, New Hanover County. Photo Index — 2006: 24-747 L-8 2000: 24-312 M-18 1995: 24-293 O-8 State Plane Coordinates - X: 724951 Y: 58089 GPS —O 042 311 A (uncorrected) Lat:34°16'01.46473"N Long:77044'50.90700"W 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/23/14 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 4/15/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved: PT, EW, ES, CW MAY 0 9 2014 (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer DC'v1-bmDOTY Planned- N/A (F) Type of Structures: Existing- Concrete driveway, private docking facility and aging asbestos bulkhead. Planned- Timber bulkhead. (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) 100 sq. ft. Non -Vegetated Wetlands (Open W Water) (C) Other - Highground disturbance IE 340 (D) Total Area Disturbed: 2,440 sq. ft. (0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct 50 linear feet of new timber bulkhead waterward of the existing deteriorating asbestos bulkhead. ,*► RECENEB Jimmy Creech Page 2 tMAY 0 9 2014 9. PROJECT DESCRIPTION DCMMHDCITY The project site is located at 17 Beach Road South on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel approximately 0.25 miles south to the vacant project site which will be located on the right side of the road. Existing structures on the project site include a concrete driveway and private docking facility. The project site is approximately 0.34 acres in size and has an average elevation of approximately 6 ft. above Normal High Water (NHW) and is vegetated with domestic grasses. The project site has approximately 100 feet of shoreline frontage along Banks Channel. The applicant is proposing to encapsulate the northeastern most 50 linear ft. section of the existing asbestos bulkhead with a new timber bulkhead. According to the application, this asbestos bulkhead is approximately 40 years old. Located waterward of the proposed bulkhead is an approximately 27 ft. wide band of coastal wetlands consisting primarily of Smooth Cordgrass (Spartina altern flora) except for an unvegetated 9 ft. long area beneath the access stairs. Normal High Water (NHW) meets the existing bulkhead. Extending in a westerly direction from the bulkhead towards Banks Channel is an existing private docking facility, which consists of an access pier, platform and L-shaped floating dock. The previous property owner (Bass) obtained General Permit No. 14230D for a private docking facility in 1995. State Permit 65-00 was also issued to Mr. Bass in April 25, 2000 for replacement of asbestos bulkheads on lots 17 and 19 Beach Road South. It appears that only 50 linear ft. of the 100 ft. asbestos bulkhead on lot 17 was replaced at that time under that State Permit. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct 50 linear feet of new timber bulkhead waterward of the existing asbestos bulkhead. The proposed bulkhead would be located no more than 2 ft. waterward of the existing bulkhead and would tie into the existing 50 linear feet of timber bulkhead on this property and the existing adjacent bulkhead to the northeast. The applicant states that this alignment is necessary to avoid impacts and disturbance to the existing deteriorating asbestos bulkhead. The application states that a new timber bulkhead (approximately 50 ft. in length) would be constructed using a water jet. 10. ANTICIPATED IMPACTS The proposed structure would incorporate approximately 100 sq. ft. of Estuarine Waters and Pubic Trust Area and would result in the filling of a total of approximately 100 square feet of coastal wetland fill consisting of primarily of Smooth Cordgrass (Spartina altemiflora) located on the northeast end of the property. The high ground area would then be vegetated for stabilization in an area of approximately 2,340 sq. ft. within the Estuarine Shoreline. The applicant's proposal to construct the wall using a water jet has the potential to increase disturbance, sedimentation and turbidity into the adjacent marsh. Minor increases in turbidity should be expected during construction Submitted by: Tara MacPherson Date: May 6, 2014 Office: Wilmington F d S Marine Contractors, Inc. P. 0 Box 868 Wrightsville Beach, N. C. 28480 Phone/fax 910-256-3062 I April 2014 NCDENR Wilmington, N.C. Capt. Ed Flynn Durwood Sykes email: efly6)msn. com The enclosed CAMA Major Permit application for Mr. Jimmy Creech, #17 Beach Road South, Wilmington, N.C. 28411, on figure Eight Island, is to install a new treated timber bulkhead two feet waterward of an existing old asbestos bulkhead. The two foot offset is requested so as not to disturb, remove, handle and have to dispose of the asbestos The old asbestos bulkhead is approx. 40 years old, and is becoming weak and brittle and we request to cover it with clean fill sand and have it remain in place. $ ;. RECEMM MAY 0 9 2014 DCM-MHDC" RECEIVED DCM WILMINGTON, NC APR 1 5 2014 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Jimmy Creech COUNTY: New Hanover PROJECT NAME: Creech Bulkhead Replacement LOCATION OF PROJECT: 17 Beach Rd S., (Fig 8), adjacent to Banks Channel, in Wilmington. MCEIVED DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-1-14 MAY 0 9 2014 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a DOVONamc.rIy FIELD REPRESENTATIVE: MacPherson DISTRICT MANAGER REVIEW: D Z B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 5-9-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: `lowctk C) 75 DAY DEADLINE: MAIL OUT DATE: 5-7-14 DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 END OF NOTICE DATE: 5-30-14 DEED RECD: YES ON: L 13-19 150 DAY DEADLINE: STATE DUE DATE: 5-130-14 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative S' / 3, /V ✓ Coastal Management - LUP Consistency d - 7-7- if Division of Community Assistance $ 14- 14 Land Quality Section (DEMLR) C-I y- 19 ✓ Division of Water Resources (401) S tg -14 ✓ i ( s, i 1 L Storm Water Management (DEMLR) z t _ 1 V/ State Property Office-zz-Itj Division of Archives & History 22.1 y Division of Environmental Health $ -U-► 9 t/ Division of Highways - l4- l ti Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM S-l1-i K Corps of Engineers f "/9 - J 4 TES 5-1k-IN P A�A� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2014 Division of Coastal Management MEMORANDUM: TO: Jessi Baker Fisheries Resource Specialist Division of Coastal Management 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 / D&F Major Permit Application Review Applicant: Jimmy Creech Project Location: 17 Beach Rd. S. (Fig 8), adjacent to Banks Channel, in Wilmington, NH County Proposed Project: to replace an existing bulkhead 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 May 30, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson 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 agencyobjects to the project for reasons described in the attached comments. SIGNED js, l DATE RECEIVED MAY 0 9 2014 127 Cardinal Drive Ext., Wilmington, NC 2e405 Phone: 910-796.7215\FAX:910.395.3964Internet: www.ncoDastalmanagement.net Dcu-mmc ry An Equal Opportunity \ ANinnadve Action Empoyer ,A�VA Na NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary May 7, 2014 RECEIVED Division of Coastal Management MAY 0 8 2014 MEMORANDUM: DOA STATE PROPERTY TO: Tim Walton OFFICE 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 / D&F Major Permit Application Review Applicant: Jimmy Creech Project Location: 17 Beach Rd. S. (Fig 8), adjacent to Banks Channel, in Wilmington, NH County Proposed Project: to replace an existing bulkhead 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 May 30, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425, when appropriate, in-depth comments with supporting data is requested. REPLYdl�� Tlyi� 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 �q(i@ 9 Y PP P 1 Y 9 incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED llli4 -- 1 127 cardinal Drive Exl., Wilmington, NC 28405 Phone: 910.796-72151 FAX: 910-395-3964Internet: www.ncmastaimanaQement.net iMCMVED MAY 2 2 2014 DC.%1- .uD C.'TY An Equal Opportunity 1 Aflinna6ve Action Employer ,lii" JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON. NC 28401 fftlfi#*fltffofttf***i#*fflflfft**####f,1,*#tt#h##f*4*#*#k#i#iik#R*kt#k#i#*kiRRi#*##tlffitft*****,i*1fti1fN14k1tt#tfRftft Filed For Registration: 10/2612012 12:55:28 PM Book: RE 5683 Page: 1142-1145 Document No.: 2012037178 4 PGS $26.00 NC REAL ESTATE EXCISE TAX: $3,200.00 Recorder: CARTER, CAROLYN State of North Carolina, County of New Hanover Reproduced image reflects Condition of original document PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. RECEIVED 20120"37178' 2012037178 '-t L= T71t T'vw :. DCM WILMINGTOIN, I'h APR 1 5 2014 Qy, Excise Tax: $ 3200.00 Tax Map No. 1111211111111111111 2012037178 FOR REGISTRRTION REGISTER OF DEEDS NEW HRNOVER COUNTYI NC 2012 OCT 2612:55: �8 Pm 110683 PG:1142-1145 FEE:$26.00 NC REV 8TW:$3,200.00 IN51PIKUT 1201203t118 NORTH CAROLINA GENERAL WARRANTY DEED Recording Time, Book and Page Parcel Identifier No. R04609-001-006-001 & R04609-001-007-000 Mail after recording to: This instrument was prepared by: Alan M. Solana, Esq.1650 Military Cutoff Rd., f#200, Wilmington, NC 28403 LOT 17, SECTION 4, FIGURE EIGHT ISLAND THIS DEED made this 26th day of September, 2012, by and between GRANTOR HILLMAN D. BASS, JR. & wife, JAN H. BASS Address: 16 Beach Road South Wilmington, NC 28411 GRANTEE JIMMY E. CREECH & wife, DEBRA S. CREECH Address: 609 Queen Anne's Road Greenville, NC 27858 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 untothe Grantee in fee simple, all that certain lot or parcel of land and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. DOM MUMINGi ON, NC - APR 1 5 2014 All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book 1735, Page 1208, New Hanover County Registry. A map showing the above described property is recorded in Plat Book 13 Page(s) 12 , and referenced within this instrument The above described property does XX does not include the primary residence of the Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantorwill warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer(s), the day and year first above (SEAL) JWH. BASS ANOVER certify thatthe following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: HILLMAN D. BASS JR. & JAN H. BASS Witness my hand and official stamp or seal, this the day of SeMimber. 2012. My Commission Expires: 23 March 2013 Print Notftry Name: Michelle Caminiti 1 RECEIVED MAY 2 2 �n+q DC.�1-;ti9HDCITy __. EXHIBIT'W- Bung at a Point m �$ western like of Beach Road South which said point is Notch 36 degrees center er East 803,15 feet Point R tho intersection of the western line ofBeach Road South with the cehtcr igu of BackEin Point Road, saidpoint also being the southeastern come ofLot 15, Section g 12 of he N ]eland as the same is shown on the map thuaofrecmded in Map Book 13, Page l2 of the New Hanover County Ragistty, running thence from said beginning point South 36 degrees th nl" West 50 Jett along and with the western tine ofBeaeh Road south to a point rtmtring drence North 53 degrees 3I' 39" West 173.g3 feet to Apo irrt in the westem line of Lot 17, Section 4 Fig=Bight Island as the same is shown on the map thereof recorded in Map ,, Ra 13 at Page 12 of the New Hanover County Registry lotting theric cof 2S degrees 2 8' 11"$ast 50.32 feet to the southwestern conte<ot said %t t, ;wing thence North South in degrees 3I' 39' East along and with the southern line of said Lot 15 to the point of is Shown � o: the same being the northern '/, of Lot 17, Section 4, Figure Eight island as the same Registry n map thereof recorded in Map Book 13 at page 12 of the Now Hanover County Beginning at a point in the northwestern line ofBeach Road south as shown on m "Se4tion Four Figure "8" Island" recorded in Map gook 13, Page 12 er entitled County Registry, said pout being where the said northwesof the New tem intersected thence and 17, of Block "B" as shown on said map, the dividing lines betwecyline of Beach Road South is lA4s 19 rnnn1Ag thence from said beginning point north 36 degrees 28 minutes 21 seconds East So 00 fact along the said northwestern line of Beach Road south to a point, t said line of said road North 53 degrees 31 minutes 39 acconds West,.174 hc»cc at right an as to notttrwestern lint of said Lot 17 as shown afeet more or ass, to the n said map; thence south 28 degrees 'ores 11 seconds West 50.6 feet, more or less along the said northwestern fine Is of Lot 17 to the northernmost comer of Lot 19 in Block B, as shown on said map, the same bring the westetrrmost comer of Lot 17, in Block Was shown on said map chants South 53 degr as 31 minutes 39 seconds last being the feet along the dividing line between Lots 17 and 19 to ne of beginning_ The same bring the nne halfof Lot 17 in Brock B, as shown on said map,: adjoining lot 19 in Block B, as shown on said map, point Being the parcel designated as TractTwo in a deed recorded in B Hanover County, North Carolina, Registry. ook 1011, Page 4$ in a New i**:t i•it :.iVGL DCM WILMIN TON, NC APR 1 52014 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Jimmy Creech c/o Ed Flynn 2. LOCATION OF PROJECT SITE: Site is located at 17 Beach Road South adjacent to Banks Channel and Middle Sound on Figure Eight Island, New Hanover County. Photo Index — 2006: 24-747 L-8 2000: 24-312 M-18 1995: 24-293 O-8 State Plane Coordinates - X: 724951 Y: 58089 GPS —O 042311A (uncorrected) Lat:34016'01.46473"N Long:77044'50.90700"W 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 4/23/14 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 4/15/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved: PT, EW, ES, CW (C) Water Dependent: Yes (D) Intefide se Private / (E) Wastewhter Tr Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Concrete driveway, private docking facility and aging asbestos bulkhead. Planned- Timber bulkhead. (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] nRFnOFn FII I Fn OTHER L, (A) Vegetated Wetlands (Coastal) Non -Vegetated Wetlands (Open W Water) 100 sq. ft. (C) Other - Highground disturbance i __ 2,340 sq. ft. _ (D) Total Area Disturbed: 2,440 sq. ft. (0.05 acres) RECMVVYD (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes MAY 2 2 �n'4 PROJECT SUMMARY: The applicant proposes to construct 50 linear feet of new timber bulkhead waterward of the existing deteriorating asbestos bulkhead. 1CM-WnciTv Jimmy Creech Page 2 9. PROJECT DESCRIPTION The project site is located at 17 Beach Road South on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel approximately 0.25 miles south to the vacant project site which will be located on the right side of the road. Existing structures on the project site include a concrete driveway and private docking facility. The project site is approximately 0.34 acres in size and has an average elevation of approximately 6 ft. above Normal High Water (NHW) and is vegetated with domestic grasses. The project site has approximately 100 feet of shoreline frontage along Banks Channel. The applicant is proposing to encapsulate the northeastern most 50 linear ft. section of the existing asbestos bulkhead with a new timber bulkhead. According to the application, this asbestos bulkhead is approximately 40 years old. Located waterward of the proposed bulkhead is an approximately 27 ft. wide band of coastal wetlands consisting primarily of Smooth Cordgrass (Spartina alternlflora) except for an unvegetated 9 ft. long area beneath the access stairs. Normal High Water (NHW) meets the existing bulkhead. Extending in a westerly direction from the bulkhead towards Banks Channel is an existing private docking facility, which consists of an access pier, platform and L-shaped floating dock. The previous property owner (Bass) obtained General Permit No. 14230D for a private docking facility in 1995. State Permit 65-00 was also issued to Mr. Bass in April 25, 2000 for replacement of asbestos bulkheads on lots 17 and 19 Beach Road South. It appears that only 50 linear ft. of the 100 ft. asbestos bulkhead on lot 17 was replaced at that time under that State Permit. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct 5 ew timber bulkhead waterward o the existingasbestos ,bulkhead —The proposed bulkhead would be located no more an . wa erwar o e existing bulkhea and would tie into the existing 50 linear feet of timber bulkhead on this property and the existing adjacent bulkhead to the northeast. The applicant states that this alignment is necessary to avoid impacts and disturbance to the existing deteriorating asbestos bulkhead. The application states that a new timber bulkhead (approximately 50 ft. in length) would be constructed using a water jet. 10. ANTICIPATED IMPACTS The proposed structure would incorporate approximately 100 sq. ft. of Estuarine Waters and Pubic Trust Area and would result in the filling of a total of approximately 100 square feet of coastal wetland fill consisting of primarily of Smooth Cordgrass (Spartina alterniflora) located on the northeast end of the property. The high ground area would then be vegetated for stabilization in an area of approximately 2,340 sq. ft. within the Estuarine Shoreline. The applicant's proposal to construct the wall using a water jet has the potential to increase disturbance, sedimentation and turbidity into the adjacent marsh. Minor increases in turbidity should be expected during construction Submitted by: Tara MacPherson Date: May 6, 2014 Office: Wilmington OCM MP-1 APPLICATION for -,- Nola Development Permit (lost revised 12127100) , .. . North Carolina DIVISION OF COASTAL MANAGEMENT 1, Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Applicant 1: First Name / MI J/MM Last Name C1 --c Applicant 2: First Name MI Last Name If additional applicants. please attach an additional page(s) with names listed. Mailing Address / ( PO Boz City State ZIP v Country l,� I Phone No. FAX No. 7SU LL IY' ash - 7 Y- 19:) ext.�- Street Address (if different from above) City Slate ZIP Email --- u-n . C2eccAi_ P i 2. Agent/Contractor information — rBusiness Name / Agent) Contractor 1: First Name MI Last Name - J v All Agent/ Contractor 2: First Name MI Last Name Mailing Address g6w��ylc�i PO Box City State Jlll ZIP Phone No. tit . .D ! `i�..:.. /J l%Q .. - ext. ✓ - - —, ext. FAX No, Contractor 8 1'? -d Z- 3��1 street Address (if different from above) City State ZIP Email r �'r'i �hlfR cunt f' MQY � 2 q+ r <Form continues on back> ' DCM WILMINGTON, NG DN-MmmAPR 15 2014 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be, multiple) Street Address State Rd. It 12&,�s�k, hir � �73LqftA SSuurbdivision Name J City Slate Zip Y1� IG1101'a3 [IGli� /�_''� G✓j1W11fu pAl Phone No. �C/� Lot (s) (il many, attach additional page with list) q)U - % -30ii � � �q E'Le� a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project r Carom ry c. Is_l a water body identified in (bj above, natural or manmade? ' []Unknown d. Name the closest major water body to the proposed project site. Natural []Manmade IMAWh, tc,t- it e. Is uposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed I work falls within. Yes ❑No 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 93Vc. 0D' 4Aimate Size of individual lot(s) I i /DQ Y166t d. elevation of tract above NHW (normal high water) or NW L (normal water vel) ��// � NHW or VL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract \' ���iiiiii''''''"' I. Man-made features and uses now on tract 6111 r".j �iLlc�l h, 4511115'PI I�L¢2 J g. Identify and describe the existing land uses adjacent to the proposed project site. /GL�ili%�6r✓li`� h. How does local government zone the tract? i. Is the roposed project consistent with the ap licable zoning? /1 (Ali h zoning compliance certificate, it ap'I. able) ❑No- ❑NA ���711i(.LIIB✓/ es j. Is the proposed activity part of an urban waterfront redevelopment proposal? -]Yes No t k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes o ❑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? -�ku-\/tit V t�LJ -tFornt continues on next page> bCM WILMINGTON, NO APR 1 5 2014 Major Development Permit in. (i) Are there wetlands on the site? CNo :'Is (a) Are there coastal wetlands on the site? (lii) If yes to either (1) or (it) above, has a delineation been conducted? ❑Yes Vo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. 7 p. Describe existing storm water management or treatment systems. 5 Activities and Impacts I I' a Will the projeM be for cOmmercial,:putilic, or private use? - . . . . O mmercial CPubkGGovernment l It. Give a brief description of purpose, use, and daily operations of the project when complete. . �r7iN� �(i~tJ /�cfm2-� �t►xfeh.�ul�arsz3 lv�,,. S�rwt,�i�4 5r»�i/r1»t7m� c. Describe the proposed construction methodology. types of construction equipment to be used during construction. the number of each type o ea wp ;pmenl and ere, it is to be stored. 'e' �,►., w�,� b,�w� � T� �� ' d. List all development activities you propose. - s Ji *nb Linew '2 iVAt4"10 G r, yid /4esn0s hu44cf1p), e. Are the proposed activities maintenance of an existing project. new work, or both? ),`� , AAal I. What is the approximate total disturbed land area resulting from the proposed project? I Stq.Ft or CAcres g. Will the proposed project encroach on any public easement, public accessway or other area CYes UNo ❑NA that the public has established use of? It. Describe location and type of existing and proposed dischargers to waters of the stale. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes nNo CNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes CN tONAj. Is there any mitigation proposetiv '-.. Yes o Mai 2 If yes, attach a mitigation proposal. f1I i "CE�' ITY <Form continues on back> RBCJMD DCM WILMING � APR 15 2014 nr+, Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate. dated work plat (including plan view and cross -sectional drawings) drawn to scale: Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish `o8rwent•wdrrcdrnjrtatA,radv'praposdu. 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 ocher Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to OENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name J�tt��5/� �/ ` � .�r +t q Phone NO7/2—'` Address r tJ 171U / Ii)i"k idIt �gilhi�f� I`�w ry-'71t1 Name ,h. AAt Phone No.Q1r Address',US Ll�fic.'Vd>s'31 Pfi•f �Jtit:ty rY.;_L IlPA Name �^ Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers. permitlee. and issuing dates I h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. . i _,ACIOOP.d AFC ha>aM nnllrP. rnr nmiarlc in nroan(rnnl �nr1 inl_ _.00gY/�:!,�gl 6 i r--^-'•—"'I i k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A i-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, t 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the The projectwill 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 prdject. I further certify that the information provided in this application is truthful to the best of my knowledge. Date ®/o <1� Print Name Signature /L ALA JDC e indicate applicationattachments pertaining lo'your proposed project. M MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information FiECENED DCM WILMINGTON, NC APR 15 2014 'Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete al! other sections of the Joint Application that relate to this proposed project. Please include ail suppiementa! information. Describe below the purpose of proposed excavation and'or fill activities. All values should be given in feet. Access I Other Channel I Canal I Boat Basin I Boat Ramp Rock Rock Groin Breakwater (excluding shoreline (NLW or I NWL) I stabilization Length Width I 1 Avg. Existing I I I NA NA Depth Final Project I NA NA Depth I I I I 1. EXCAVATION /VM gTfhis section not applicable a, Amount of material to be excavated from below NH`N or "L in b. Type cf material m be excavated. cubic yards. c. (i) Coss the area to be excavated include coastal •wet'andsimarsh d. High ground exca+aticn in cubic yards. (CW ), submerged aquatic vegetation (SAS'), she;! bottom (SB), or other wetlands (WL)? If any boxes are ChecKed. provide the number of square'eet affected. ❑CW _ ❑SAV ❑SS ❑WL _ ❑None (n) Describe the purpose of the excavation in these areas: x, J 2. DISPOSAL OF EXCAVATED MATERIAL VThis section not applicab. a. Location of disposal area. b. C:mensions of disposal area. c. (i) Do you c aim, li; a to disposal area? ❑Yes ONo ❑NA (a) If no, Vaal a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), Snell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑S3 _ OWL _ ❑tiorie (i) Describe the purpose Jf d:eposal in !hese areas: d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑Nc ❑NA (il) tf yes. where? f. (1.) Does the disposal incicde any area in the water) ❑Yes ❑No ❑NA (ii) If yes, how much water area is affec!eo? to RECIUVED MAY 222014 RECEIVED DCM WILMINGTON, NC APR 1. 7 2014 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Ty of shoreline stabilization: - b. Ler.gfh: L7LBulkhead ❑Riprap ❑BreakwaterlSill ❑other. .......... Width: C C. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWU 01, .. :R, e. Ty a of stabilizes' n material: I. (i) Has there beer, shoreline erosion during preceding12 months? L� !l{U�l%LkI�L 'o ❑Yes [NA (ii) If yes, state amount of erosion and source of erosion amount - information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead back il! _ Riprap _ LL ovl ji r rw Breakwater/Sill_ other_ i. Source of fel material. 14.4F�unc� 4. OTHER FILL ACTIVITIES YThis section not applicable (Excluding Shoreline Stabilization) a. (i) Wdl ttll material be brougnt to the site' ❑Yes ❑No ❑NA . b_..... (i) Will fill ma!enal be placed in coastal wetlands/marsh (CW )• suomerged aquatic vegetanon (SAV), shell bottom (SS), or If yes. other we:lanas (WL)? If any boxes are cnecked. provide the (ii) Amount of material to be placed in the avatar number of square feel affected. (iii) Dimensions cf rill area ❑CW ❑SAV ❑Se (iv) Purpose of fill OWL ❑None (,i) Describe me purpose of the fill in these areas: . I5. GENERAL a. How will.esar+eied-a fill material ce kept en site and erosion o. What tyre o' cons;rucbor, equipment will be used (e.g . d.ag;ine. controlled? %��69ZC°U �ifFltiA�lLsll,'�l�l�tc�LisY�'J backhoe. or nvvdd'rajiic dredge)? �f�L-'tt Jt'Y �/Ja�deLs C. (i) Will naviga' net aids be recuired as a result of the project?/, []Yes M.No ❑NA d. (i) Will wetlands be csed in transporting equipment to project ss snert ❑Yes Ly, to ❑NA (ii) If yes, explain what type and how they •wi!I be implemented. (it) If yes, explain steps that Mil be taken to avoid or minim!ze environmental impacts. )) l A L/ rtd i t j,Un/ Date Applicant Name GLP/�jdE (lil�C=tTl Project Name Atiolicant Si ature RECEIVED DCM WILMINGTON, NC RGED LANDS I 1I I - _ 50.51' E.3 ',I '.'.E'. ]YILEIlC CEH GG<3 ?y p�6�.35 u) r-- u � I � I - LO - I I 0�50 Q ^` �J u N T lU� i I 06.53 6.7, G OG Z I I I � 3 I m t I CO Z O 06.67 C B- G L--- 30'SETBACK 30'CAMA SETBACK - 06.42 G J/A 6.73 N2b�QISl It 50.51' 6.32 AC AL ..EH 6. 0 I C3` 6.2? C3 6 !9 CBM tj � i���F� 6.29 30' CAMA °� ,4 SETBACK D G.51 I G G I I AV 5/wr N N 0 6.68 i G I I C 49 G.54 ARKING PAD e.46 \ G.17 0 7.63 \� 6.06' v C _ - 7.433 ,�- _ 530°282 p 6.26 SUBMERGED LANDS 1ulluv� 645 WBM 06.21� G.2G ` G _BM 7.67 G 6.25 G p�2< 0 8.36 G 952 3� K G 1.m42 Ag�J�u9� HMH BEACH I DEED BOOK 5. UNIMPR RECEIVED \ DCM WILMINGTON. NC 7.04 G APR 1 a 2014 m 1tECE1VED LO MAY22y"n 8.43 L� �\ 9.20 0&// �� J1 fie S� I affaw oc rek r� t _w. o �i i7"T . za z 0 erg"Ids' MX�YY\V-NO oP vim OEva+:e. emcam #A-q-y ffize r WK 9� ®AVENEL PON '•, CHUB SHELLBANK LOCATION MAP NOT TO 5CAlu SURVEY REFERENCE DEED BOOK 1735 PAGE 1208 MA.' 3OOr.: 3 PAGE 12 RI IVED MAY 2 LEGEND p HD CM O = IRON -:PE QQ 5_T IRON o = NAIL RECEIVED G3� o = MONU`v:ENTI)CM WILMINGTON, NC - c_Nr_�_nE - 14� Aly - n-yryn,/aQK APR 1 7 2014 F 4 5 Marine Contractors Z"nc. P. O Box 868 Wrightsville Beach, la/ C. 28480 Phone/Fax M-256-3062 1 April 2014 NCDENR Wilmington, NC, Capt. Ed Flynn Durwood Sykes email: eflyCmmsn. com The enclosed CAMA Mq jor Permit application for Mr. Timmy Creech, #17 Beach Road South, Wilmington, N.C. 28411, on Figure Eight Island, is to install a new treated timber bulkhead two feet waterward of an existing old asbestos bulkhead, The two foot offset is requested so as not to disturb, remove, handle and have to dispose of the asbestos The old asbestos bulkhead is approx. 40 years old, and is becoming weak and brittle and we request to cover it with clean fill sand and have it remain in place. kvZ)wKF) RECEIVED bCM WILMINGTON, NC APR 15 2014 +f A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2014 John E. Skvarla, III Secretary Division of Coastal Managemen IJECEIVC MEMORANDUM: MAY 0 7 2014 TO: Georgette Scott BY: Stormwater Section �---_ DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Jimmy Creech Project Location: 17 Beach Rd. S. (Fig 8), adjacent to Banks Channel, in Wilmington, NH County Proposed Project: to replace an existing bulkhead 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 May 30, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson 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. SIGNEDD 6� 4 DATE � 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215\ FAX: 910-395-3964Internet: www.nccoastalmanagement.net MAY 21 2014 An Equal opportunity\ Affirmative Action Employer DCM-MMC1TY r �0 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 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 / D&F Major Permit Application Review Applicant: Jimmy Creech Project Location: 17 Beach Rd. S. (Fig 8), adjacent to Banks Channel, in Wilmington, NH County Proposed Project: to replace an existing bulkhead 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 May 30, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson 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. k 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 a ency objects to the project for reasons described in the attached comments. DATE S 13 I I 7 At ttscEVEn MAY 202014 127 Cardinal Drive E#., Wlmington, NC 28405 Phone: 910-796-72151 FAX: 910-395�3964Internet: www.ncooas(almana ement.net M-MHD CITY An Equal Opportunity 1 Affirmative Action Employer w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary May 7, 2014 EC IE¢VE Divrsion of Coastal Management MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR - Wilmington FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Jimmy Creech Project Location: 17 Beach Rd. S. (Fig 8), adjacent to Banks Channel, in Wilmington, NH County Proposed Project: to replace an existing bulkhead 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 May 30, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425, when appropriate, in-depth comments with supporting data is requested. G c le -Ile.- i�G� OS%7O�i�I ccG 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. f This agency tec to the project for reasons described in the attached comments. SIGNED �G /Z c cC� t DATE �7` / c by RECEIVED 127 Cardinal Drive Ext., W Imington, NC 28405 MAY 2 8 2r Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net An Equal opportunity \Affirmative Action Employer DCM-MHD CITY 'r e� ,� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2014 Division of Coastal Management MEMORANDUM: TO: Debra Benoy District Manager Public Water Supply John E. Skvarla, III A Secretaryfi MAY 072014 y FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Jimmy Creech Project Location: 17 Beach Rd. S. (Fig 8), adjacent to Banks Channel, in Wilmington, NH County Proposed Project: to replace an existing bulkhead 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 May 30, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson 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 JIq 127 Cardinal Drive Exl., W Imington, NC 28405 MAY 19 2014 Phone: 910-796.72151 FAX: 910-395-3964 Internet: www,ncooastalmanaQement.net An Equal opportunity\ AffirtnaNve Action Employer DCM MHD CITY �k► IE�FIR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor May 20, 2014 Mr. Jimmy E. Creech 609 Queen Ann's Road Greenville NC 27858 John E. Skvada, III Secretary DWQ Project # 14-0476 New Hanover County Subject Property: 17 Beach Road South — Figure Eight Island NO WRITTEN CONCURRENCE NEEDED Dear Mr. Creech, MAY 2 8 2014 DC:v:-\TD CITy You have our approval, in accordance with the attached conditions to impact 100 square feet of 404 wetlands in order to replace an existing bulkhead as described in your application received by the N.C. Division of Water Resources (DWR) on May 8, 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 3883 (GC3883) are met. This certification may also be viewed on our website at http://portal ncdenr ore/web/wq/swp/ws/401/certsandpermits. This Certification allows you to use the Nationwide Permit 3 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. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: www.nodenr.gov „ An Equal Opportunity I Affinretive Action Employer- Made in part by recycled paper 2 Jimmy Creech New Hanover County 2014-0476 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 ' Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3883 Certificate of Completion cc: Ed Flynn — F & S Marine Contractors, Inc., P.O. Box 868 Wrightsville Beach, NC 28480 Ronnie Smith — USACE Wilmington Field Office Robb Mairs — DCM Wilmington Doug Huggett — DCM Morehead City Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the 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 t, RECENED MAY 2 S 2C' ncm-MRD CITY I FAA NCDENR North Carolina Department of Environment and Natural Resources Pat. McCrory, Governor May 7, 2014 Division of Coastal Management MEMORANDUM': TO: Mark Zeigler WiRO Division of Community Assistance John E.;Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-D,CM Assistant. Major Permits Coordinator 400.Commerce,Ave.,'Morehead City, NO 28557-(Courier 1142-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant Jimmy Creech Project Location: 17 Beach Rd. S..(Fig 8), adjacent to Banks Channel, in Wilmington, NH County Proposed Project: to. replace'an existing bulkhead 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 May 30, 2014. ,Ifyou have any questions regarding; the proposed project, contact Tara MacPherson at (910) 796-74251, 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, 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.7215 kFAX:.910.395-3964Internet: www nccoaslalmanagemenl.net An Equal OppoaunilyUlrtmativo Action Employer AMPtA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor 14• 05. 12. oZ May 7, 2014 Division of Coastal Management MEMORANDUM: TO: Maria Dunn NCW RC WaRO / 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 / D&F Major Permit Application Review Applicant: Jimmy Creech Project Location: 17 Beach Rd. S. (Fig 8), adjacent to Banks Channel, in Wilmington, NH County Proposed Project: to replace an existing bulkhead 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 May 30, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson 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 A/L.DATE a 0' .t. ?'P=11MMAY 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 r MAY 16 2014 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastaimanaciement.net An Equal Oppod unity \ Affirmative Action Employer DCM-MMCITY A�� RECEIVED MAY 1 3 2014 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2014 Division of Coastal Management MEMORANDUM: TO: Christine Bouffard Inspections New Hanover Co. 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 / D&F Major Permit Application Review Applicant: Jimmy Creech Project Location: 17 Beach Rd. S. (Fig 8), adjacent to Banks Channel, in Wilmington, NH County Proposed Project: to replace an existing bulkhead 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 May 30, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson 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 olbiects to t pr ject for reasons described in the attached comments. SIGNED DATE OKA43 Z� RECEiVEAt 127 Cardinal Drive Ext., Wilmington, NC 28405 MAy 15 2014 Phone: 910-796-7215 \ FAX: 910-395-39641ntemet: www.nccoastalmanaoement.net An Equal OpWunity \ Affirmative Aaw Employer DCM-Mrii)CT[Y Q�,l� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 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 / D&F Major Permit Application Review Applicant: Jimmy Creech Project Location: 17 Beach Rd. S. (Fig 8), adjacent to Banks Channel, in Wilmington, NH County Proposed Project: to replace an existing bulkhead 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 May 30, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson 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. G� r� SIGNED DATE /Il g ?-CIA RECE1VEp MAY 14 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net DCM•MMCPPy An Equal Opportunity \ Affirmative Action Employer DISTRICT 3 AI WA,MAY 0 8 2014 NCDENR PECEIVEO North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2014 Division of Coastal Management MEMORANDUM: TO: Anthony Law NC DOT New Hanover Co. 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 / D&F Major Permit Application Review Applicant: Jimmy Creech Project Location: 17 Beach Rd. S. (Fig 8), adjacent to Banks Channel, in Wilmington, NH County Proposed Project: to replace an existing bulkhead 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 May 30, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425, when appropriate, in-depth comments with supporting data is requested. REPLY: T/hisj gency has no objection to the project as proposed. .This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED; -- DATE RECEIVED 127 Cardinal Drive Ext., VifiImington, NC 28405 Phone: 910-796-7215 1 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net MAY 14 2014 An Equal Opportunity \ Affirmative Action Employer r� 3. 4. 5. 6. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Jimmy Creech c/o Ed Flynn LOCATION OF PROJECT SITE: Site is located at 17 Beach Road South adjacent to Banks Channel and Middle Sound on Figure Eight Island, New Hanover County. Photo Index — 2006: 24-747 L-8 2000: 24-312 M-18 1995: 24-293 O-8 State Plane Coordinates - X: 724951 Y: 58089 GPS —O 042311A (uncorrected) Lat:34116'01.46473"N Long:77044'50.90700"W INVESTIGATION TYPE: CAMA, D&F INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/23/14 Was Applicant Present - No PROCESSING PROCEDURE: Application Received—4/15/14 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved: PT, EW, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Concrete driveway, private docking facility and aging asbestos bulkhead. Planned- Timber bulkhead. (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) Non -Vegetated Wetlands (Open W Water) 100 sq. ft.. (C) Other - Highground disturbance (D) Total Area Disturbed: 2,440 sq. ft. (0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to construct 50 linear feet of new timber bulkhead waterward of the existing deteriorating asbestos bulkhead. Jimmy Creech Page 2 9. PROJECT DESCRIPTION The project site is located at 17 Beach Road South on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel approximately 0.25 miles south to the vacant project site which will be located on the right side of the road. Existing structures on the project site include a concrete driveway and private docking facility. The project site is approximately 0.34 acres in size and has an average elevation of approximately 6 ft. above Normal High Water (NHW) and is vegetated with domestic grasses. The project site has approximately 100 feet of shoreline frontage along Banks Channel. The applicant is proposing to encapsulate the northeastern most 50 linear ft. section of the existing asbestos bulkhead with a new timber bulkhead. According to the application, this asbestos bulkhead is approximately 40 years old. 'Located waterward of the proposed bulkhead is an approximately 27 ft. wide band of coastal wetlands consisting primarily of Smooth Cordgrass (Spartina alterniflora) except for an unvegetated 9 ft. long area beneath the access stairs. Normal High Water (NHW) meets the existing bulkhead. Extending in a westerly direction from the bulkhead towards Banks Channel is an existing private docking facility, which consists of an access pier, platform and L-shaped floating dock. The previous property owner (Bass) obtained General Permit No. 14230D for a private docking facility in 1995. State Permit 65-00 was also issued to Mr. Bass in April 25, 2000 for replacement of asbestos bulkheads on lots 17 and 19 Beach Road South. It appears that only 50 linear ft. of the 100 ft. asbestos bulkhead on lot 17 was replaced at that time under that State Permit. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division of Water. Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct 50 linear feet of new timber bulkhead waterward of the existing asbestos bulkhead. The proposed bulkhead would be located no more than 2 ft. waterward of the existing bulkhead and would tie into the existing 50 linear feet of timber bulkhead on this property and the existing adjacent bulkhead to the northeast. The applicant states that this alignment is necessary to avoid impacts and disturbance to the existing deteriorating asbestos bulkhead. The application states that a new timber bulkhead (approximately 50 ft. in length) would be constructed using a water jet. 10. ANTICIPATED IMPACTS The proposed structure would incorporate approximately 100 sq. ft. of Estuarine Waters and Pubic Trust Area and would result in the filling of a total of approximately 100 square feet of coastal wetland fill consisting of primarily of Smooth Cordgrass (Spartina alterniflora) located on the northeast end of the property. The high ground area would then be vegetated for stabilization in an area of approximately 2,340 sq. ft. within the Estuarine Shoreline. The applicant's proposal to construct the wall using a water jet has the potential to increase disturbance, sedimentation and turbidity into the adjacent marsh. Minor increases in turbidity should be expected during construction Submitted by: Tara MacPherson Date: May 6, 2014 Office: Wilmington T'' I =IIPJ[f&IRCAS S' MEN jiast rovilsod 12i27/66) North Carolina bivisjoN OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name f j MI Last Name - CrZit JlMntti 6A Applicant 2: First Name MI Last Name If additional applicants. please attach an additional page(s) with names listed. Mailing Address �6 Ail, PO Box City State S�t e 4 :�o try ZIP Country Phone No. N07/ No. FAX N, _q,,D ext -27058 0,50 95L� - ext. Street Address (if different from�above) C� State ZIP City F,,,i ti V11 0? e 0M L) F -7— 2 AgentlContractor Information Business Name Agent/ Contractor 1: First Name MI Last Name A)d Agent/ Contractor 2; First Name MI Last Name Mailing Address PO BoxCity State ZIP . — ') gyp) Ptiooe No. I I Phone No. 2. ext. FAX No Contractor It Street Address (if different from above) City StateZIP E all7e FA <Form continues on back> DCM WILMINGTON, NQ APR 15 2014 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can b multiple) G.Jnx LtLGyL Street Addrr�ess� � l�%i:1J(71at�$ State Rd. tt Subdivision Namep. City ttrPei State Zipt/ "1 Urt %P1'i /r'� -Jl01 Phone No. I Lot,N¢oo..(s) (if many, attach additional page with list) I j q jo j ill a. In which NC river basin is the project located? b. fdarne of body of water nearest to proposed project c. Is tlye water body identified in (b) above, natural or manmade? []Unknown d. Name the closest major water body to the proposed project site. Ike Natural ❑Manmade _ fl-f44K_ ?yy e. Is oposed work within city limits or planning jurisdiction? i f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. Yes No 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) A1-- t D c. Size of individual lot(S) o TAPPYOximate elevation of tract above NHW (normal high water) or jD6 NWL normal waters vel a list) ( W or 1F3bllr`/L (If many lot sizes, please attach additional page with 'C'j11�NH' e. Vegetation on tract I. Man-made features and uses now on tract l I g. Identify and describe the existing land uses adjacent to the proposed project site. " h. How does local government zone the tract? i. Is the reposed project consistent with the ap licabl0 zoning? (Att h zoning compliance certificate, if appl able) /i�l�y(l✓�/ es [-]No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes a ❑NA If yes, by whom? I. Is the project located in a National Registered Historic District or does it involve a ❑Yes No ❑NA proposed National Register listed or eligible property? <Forrfr continues on next page> bCM WILMINGTON, NO APR 15 2014 Major Development Permit s in. (i) Are theca wetlands on the site? YeB❑No (ii) Are there coastal wetlands on the site? - es ❑No (lii) If yes to either (1) or (it) above, has a delineation been conducted? (Attach documentation, if available) Oyes F°"o n. Describe existing wastewater treatment facilities. lb��%P1ti( L --- o. Descdbe existidrinking water supply source. p. Describe existing storm water management or treatment systems. k r2YiheG �`�'. 15. Activities and Impacts b. Give a brief description of purpose, use, and daily operations of the project when complete. ` r5P 11, %ite7fal:o I/ t•fOt,/013 j .�, t �llt�� 5ti�%/i7ert%snt� c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of ea o ea iprnent and Pere it is to be stored. /2�mfl, J)4J e)L ul a� b xtsJirl{!~n �1 fta ' � % u1��1� hr;Tv �L' S?sAt 'Al fail? -- d. List all development activities you propose., e. Are the proposed activities maintenance of an existing project, new work, or both? I. What is the approximate total disturbed land area resulting from the proposed project? ffSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes U7,Io ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the stale. jy, rn� 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 ON ❑NA j. 'is there any mitigation proposetiv � ' � � ' - ' ' � :' . � ❑Yes-'?2o 'DNA 11 yes, attach a mitigation proposal. PFHCEIVED <Form continues on back> DCM WIL MINGTON, NC APR 15 2014 Major Development Permit 6. Additional Information In addition to this completed application form, (MP4) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (p are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale: Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish '•o8rweeirwdrn cvrn(ntrtgrradvproposdu. 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 applicationonly) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name J/i111 5/elk: Phone No 1�, f c?p? _ JG Address J �rVYtitnfi J1lt).lo. OiL. %lsi�L=P H7 L, a7Go�j f Name .h.)�{7L�� !fldj �l Phone No.?/9- Address 2 ao�Lta/u�ve�trv` Aa Name - - Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers. permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Welland delineation, if necessary. .. i...,A9inned AFC ha>ard nntirafnr nrnicr is in nrnonbnnl onH biter v�rn:!,;;esr vhe ;jgnrJ,!J.Y, rcJpp a.upvs9F�:.•..-_�.•.- ,.-.•.-^•^...,_.......• •........ 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, attaches statement, documenting compliance with the North Carolina Environmental Policy Act, 7. Certificaiion 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 ®� 141 Jr%1 Print Name y_p_-1' FZf'r-WA% — Signature !f-x iLr'u .4Zim- QPI se 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 R EC E N E D ❑DCM MP-4 Structures Information OW WILMINGTON, NC APR 15 2014 'Form ®CM MP-2 (Except for bridges and culverts) Attach this form to Joint Application for CANNA Major Permit, Form DCNI NIP-1. Be sure to complete all over sections of the Joint Application that relate to this proposed project. Please include ail suppiementa: information. Describe below the purpose of proposed excavation and!or fill activities. All values should be given in feet. Access I Other Channel j Canal I Boat Basin Boat Ramp J Rock Rock Groin i Breakwater (excluding shoreline (NLW or I NWU I , I stabilization Length t I 1 Width Avg. Existing I i 1 NA I NA Depth Final Project 1 I NA l NA 1 Depth I I I 1 I 1. EXCAVATION rl This section not applicable a. Amount of material to be excavated from below NHIN or A'A,'L In b. Type of matenat to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal -,e!:andsimarsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shed bottom (SB). of other wetlands (WL)? If any boxes are checked, provide the number of square `eet affected. ❑CW ❑SAV ❑SB ❑WL Clone (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL VThis section not appficab, a. Location of disposal area. b. D:mensiens of disposal area. C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA ❑Yes ❑Nc DNA (ii) If no, adacn a letter granting permission Iram the owner. (ii) tf yes. where? e. (i) Does the disposal area induce any coastal wetlandslmarsh f. O Does the bispcsal include any area in the water? (CW), submerged aquatic vege:ation (SAV), spell bottom (SB), ❑Yes ❑,No DNA or other wetlands (viL)? If any boxes are checked, provide the tii If es, how much water area is affected? t) y number of square feet affected. _ ❑Ctv ❑SAV ❑SB _ ❑WL ❑None (it) Descrice the purpose of disposal in these areas: RECEIVED DCM WILMINGTON, NC APR 1 5 2014 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4 — Structures) ❑This section not applicable a. Typ4 of shoreline stabilization: b. Length: Bulkhead ❑Riprap ❑BreakvaledSill ❑Other: ..... _..... Width: C. Average distance waterward of NHW or NV:L: d. f.laximum distance •watereard of NHW or NNL: e. Ty e of siat:iiiza' n{ material: I. (i) Has there beer. shoreline erosion during preceding 12 months?v 'L�i"1(� ![i'U'IiryL �L(ifyt`fYd.' Oyes o ❑NA (a) If yes, slate amount of erosion and source of erasion etnoun: information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead back fill _ Riprap _ �L�i?vl sw))y} 8re2k:vater/S1ll_ Other_ i. Source of 1'.0 material. 4. OTHER FILL ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? If yes. (ii! Amount of material to be placed in the water (iii) Dimensions of fill area _ (iv) Purpose of fill 5. GENERAL b_..... (1) Will fill material pit placed in coastal webandstmarsh (C'W), suomerced aquatic vegetation (SAV), shell bosom (SS), or other wetlands (WL)? If any boxes are cnecKed, provide the number of square feel affected. ❑CW ❑SAV _ 0S8 ❑WL ❑None (o) Describe the purpose of the fill in these areas: a. How rlil materai be kept or site and eras -or, o. What type of construction equipment will be uses (e.g . crag,lra controlled? backhoe, or hvdrauiic dredge)? Pliiu=u L �y, 6Lkiko As-h/�/4 �7�� /IJ�( °" 8q0 omnia' (i) Will navi^ya, nai aids be recuired as a result of the project? ❑Yes No ❑NA (ii) If yes, explain what type and how they •wN be implemented. Date Project Name J. (i) Will wetlands be c, ssed in transporting equipment to project site? ❑Yes L� o ❑NA (ii) If yes, explain steps hat ,,vill be taken !o avoid or minimize environmental impacts. Applicant Name Applicant Sig azure RECEIVED DCM WILMINGTON, NO RGED IAND5 ° i a, T N7_8 bE3 END 8H mitt E L•�llllsFi 43 °G3 30' CAMA 5ET13ACK � O,--------- � I Lo I oG3G I I oG�2 P-4 a N yy ` 0 I O G.55 G G 71 0.1 G.73 Z I G 0 N I I o� m 0 I e U) zLn o I p G c7 6.5I 30'5ETBACK CONCRETE F of.5% RAMP PIER 50.5 f 5UBMERGED LANDS /j11L4a� • 6? :il4 1. 6. -f 4 0 7 i G.21 G 2G ' 18 6.26 O G C5t1 C8t1 < G Lr°t�it3Ao 7.67 G G.25 OG'24 ; 4 30' CAMA 5.56 5E//TBACK I ^O I 03 06.5I I" 6.43 G.61 8.52 i G �S�/L�/ ✓ �I�' ff9/1 4�5 UQ o t HMH BEACH I N DEED BOOK 5. ni UNIMPR FIECEIVED w DCM WILMINGTON, NC C L; 7.04 G APR 1 5 2014 o m; cQo: 6.49 G. C I I M Ln / h 7.03 N: d ✓ ARKfNG PAD 6.46 6.17 oG63 \� COGI - [�71�� ` 6.28 — — — — — — — C —--5DD�-----------$a.00 7.43 9 02-< G.30 'C.1✓y 6.43 0 3�68���✓ C Gl o 3.20 � 9 61�G.!G 6 20 viT IF o 7 1 / _� '11 �� G l� L 5 ZAP 0 11 pie. f 164� Od rq%4 J -59 �)l gA"kj�ld Hoi, A#.ah 6Rlur�nl� s!e'naoGq�- �aa le¢P,G�s earoes= floc 4, ®aaaasr i� A04 17"r p ;/;Yt/y vpjm'la+(� �1� JJ ;eyq R LOCATION: MAP NOT TO 5C.A_E SURVEY REFERENCE DEED BOOK 1735 FAG[ 1208 tAAF 500K ! 3 PAGE 12 LEGEND 0 = IROV':PE @o = 5_T IRON P'= o = NAIL RECEIVED o = MONUVENTDCM WILIMINGTON, NC = GRITER-N_ = HNCrIVARK APR 1 5 2014 �dr-3 L�" F 4 S Alcrire Controctormn Inc. P. O Box 868 Wrightsville Beach, N.C. 28480 Phone/Fox 910-256-3062 1 April2014 NCDENR Wilmington, NC. Capt. Ed Flynn Durwood Sykes email: efly@msn. com The enclosed CAMA Major Permit application for Mr. Jimmy Creech, #17 Beach Road South, Wilmington, NC. 28411, on Figure Eight Island, is to install a new treated timber bulkhead two feet waterward of an existing old asbestos bulkhead. The two foot offset is requested so as not to disturb, remove, handle and have to dispose of the asbestos The old asbestos bulkhead is approx. 40 years old, and is becoming weak and brittle and we request to cover it with dean fill sand and have it remain in place. a ) ak6eKF) RECEIVED DCM WILMINGTON, NC APR 1 5 2014 19 RECOMMENDATIONS FOR Jimmy Creech May 6, 2014 It is staffs recommendation that the proposal to fill coastal wetlands and construct a new timber bulkhead waterward of an existing asbestos bulkhead is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands which states "suitable land uses shall be those consistent with the management objective in this Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere." The applicant is proposing to fill approximately 100 square ft. of coastal wetlands. The alignment of the proposed bulkhead has minimized the impacts to coastal wetlands by limiting the distance waterward of the existing bulkhead to avoid impacts to and remediation of the existing asbestos bulkhead. It is the staff's recommendation that the proposal to fill coastal wetlands and construct a new timber bulkhead waterward of an existing deteriorating asbestos bulkhead are CONSISTENT with the Rules of 15 NCAC 7H.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures states "the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of an area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from unusual geographic or geologic features". The proposed alignment will tie into the existing bulkhead to the northeast and southwest and is necessary to avoid impacts resulting from disturbance of the existing deteriorating asbestos bulkhead. Based on these factors, it is recommended that a permit be issued to authorize the construction of a new timber bulkhead waterward of an existing deteriorating asbestos bulkhead. It is our opinion that the proposed alignment has been reduced to minimize impacts to Coastal Wetlands and is necessary to avoid impacts to the asbestos bulkhead. Any permit issued should include the following conditions: The bulkhead alignment will approximate the mean high/normal water level at the time of construction. 2. The alignment of the authorized bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions will require the alignment to be restaked by DCM within a maximum of 30 days prior totne& expected start of construction.3. The bulkhead must be constructed prior to any backfilling activities. Y 9 2014 4. The bulkhead must be structurally tight so as to prevent seepage of backfill materialg through the structure. DCM•SUDCITy 5. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 8. No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 9. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 11. 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. 12. 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. 13. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. NOTE: The permittee shall be required to install and maintain a proper sedimentation and erosion control structure to prevent sediment run-off to the adjacent waters or marsh. ?" 1tECM= MAY092014 t UCNt1�Cff4 pot:wcrary Gavemor May, 7; 20,14 ky X_ r N6'h Carolina Department rfE� ron bivision 6UCoastal Mbnagement ,M.EMORANDUM_,, TOI. Renee '016dhill--Eaely; DdOt: of t6liuralJ464o urcesl, ATclives &'S History. .Ory. -MAT) 2 2014' Jdhn.E. sknrla;.11l Secreiary FROM:. JQ,naffiamn, Howd1l, N'C,,D' EN9 -DWAssi1st6ht Major., P6rrnIlsCdordinalb-r P) SUOJEC aCAMk,,/,D&FUaj6 Pbrmil-ApplidAtioO., eview- Applica6i:: 'Project Lootion: , 17 Beach Rd.,S.'(Fi" 8), -Adjacent to Banks Channel, in WilminglOn, NH County Proposed Project:lo replace amexiAng,bulkhead 'REPLY:. This<agency ha dion.lolfieprole has,no obje ot,as,proposed, ____AThis :agency. has,nocomment on the This 'agency approves of t.he, projec# only if the rpcornnie nd6dthaqgm. are Incorporated See,,,aftache6, 'This"agency obJbots'to;Ithe-project for reasomdescribed In Ahe attactied comments. !kGOED PATE. ,MAY 9 '3,12014, Jonathan From: Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mil] Sent: Wednesday, May 14, 2014 12:59 PM To: Howell, Jonathan; MacPherson, Tara; Coburn, Chad Subject: Jimmy Creech bulkhead replacement (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE The Corps received the application for this project on May 12, 2014. This project qualifies for a NWP 3 for maintenance. The AID# for this project is SAW-1999-01613. This project requires notification, so we will be sending the applicant a NWP verification letter. 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.smithousace.armv mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://regulatory.usacesurvey.com/. Thank you for taking the time to visit this site and complete the survey. Classification: UNCLASSIFIED Caveats: NONE 1 MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Jimmy Creech, Figure Eight Island, New Hanover County Date: June 27, 2014 The applicant proposes to construct 50 linear feet of new timber bulkhead waterward of the existing deteriorating asbestos bulkhead. The project is located at 17 Beach Road South, adjacent to Banks Channel and Middle Sound on Figure Eight Island in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ES, CW and PT. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint 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 Conservation. In general, Wilmington -New Hanover County allows development in conservation classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Cc: File NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 6, 2014 F & S Marine Contractors, Inc c/o Ed Flynn P.O. Box 868 Wrightsville Beach, NC 28480 Dear Mr. Flynn: John E. Skvarla, III Secretary The Division of Coastal Management hereby acknowledges that on April 15, 2014 we received your completed application, acting as agent for Jimmy Creech, whereby you are requesting State approval for the development of property located at 17 Beach Road South, adjacent to Banks Channel, on Figure Eight Island near Wilmington in New Hanover County. The projected deadline for making a decision on your permit application is June 30, 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 April 15, 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sinceely, Tara MacPherson Field Representative cc: Jonathan Howell, DCM Ronnie Smith, USACOE Christine Bouffard, LPO RECEIVED MAY 092014 x DCM-MAD CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395J984 Internet: www.nowastaimanagement.net An Equal Opporlunity 1 Aftrafive Action Employer E J 14 NOTI(0117,A CAMA PERMIT APPLIED FOR PROJECT, Applicant proposes _to construct a new • ClKa1ICm0Al'1C:t;i•11 COMMENTS ACCEPTED THROUGH May 30, 20#14 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �1 NC Div. of Coastal Management 127 Cardinal Dr. Ext. 1Nilminaton. NC 28405 Tara MacPherson, Field Representative ■ 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 cans to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: �Ilk <-;:_/' , , 0 Agail MP S. Received by (Printed Name) C. Date of D41*y H N L'I D. Is del7wdel different If YEeryaddress 2 3 2014 3. ❑ Certified MAIM ortty Mall Express" ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Exha Fee) ❑ Yes 2. Article Number 7012 1010 0001 8392 388❑ (1'mnsfer from service /abeq 1 PS Form 3811, July 2013 Domestic Return Receipt UNITED STATEgf_" -eWICE INS, �3 3 A R -i First -Class Mail Postage & Fees Paid USPS Permit No. G-10 print your name, address, and ZIP+4® in this box* ' ■ Complete items 1, 2, and 3. Also complete i a Signature it4 if Restricted Delivery is desired. III Print your name and address on the reverse x �" Id Age ❑ Adc g eceived by (Prin ted/lame) / l C. Date o - wi� so that we can return the card to you. III Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different item 17 If YES, enter delivery address below: ❑ Yes ❑ No 1. Article Addressed to: A1% /�z - '-2 wd I 3. ice Type ZI Certified Mail* ❑ Priority Mall Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7012 1010 0001 8392 3903 (Transfer from servfw fabep _ L_PS Form 3811, July 2013 Domestic Return Receipt UNITED STATE$', i .L1%WICE 7Tidl: c`t'' S First -Class Mail Postage & Fees Paid USPS Permit No. G-10 print your name, address, and ZIP+4® in this box• • ;: • 1 • 1• e `x-/ JUjl Co . F 4 .5 Marine Contractors, Inc. P.O Box 868 Capt. Ed Flynn Wrightsville Beach, N.C. 28480 Durwood Sykes Phone/Fax 910-256-3062 email:efly6ftsn.com —�.klv1�- APR 3 0 2014 V \ 1 aECEivED HECEWED 09 )r"1 MAY 0 9 21114 "b1NWDC!TY DCM-MHDCITY Complete Marine Construction Service For Over 35 Years Piers — Bulkheads — Floating Docks — Boatlifts — Pilings — Repairs RECEIVED DCM WILMINGTON, NC ArR s' 0'L014 �� 9 mow«,✓ 4\?1VAO'�'1 Rey d GaPGYUI�I� Cv� �7.65'9 A4-Z 71Y -17400 fig• wa 27)#/ Lsiy r�i�f✓r1 -4f--z-zoif P.O.Pmus ', RECEIVED MAY 0 9 ?014 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC APR 15 2614 Excise Tax: S 3200.00 Tax Map No. MINI NN IINI N I NN II N NN ql� NN N� IN N 2012037178 FOR REGISTRRTIGN REGISTER OF DEEDS NE4 HRNFOVER COUNN IS 2012 OCT 26 12:55:28 PM BK:5683 PG:1142-1145 FEE:$26.00 NC REV STRMP:$3,200.00 I6IRMEN7 1f 20120 7178 NORTH CAROLINA GENERAL WARRANTY DEED Recording Time, Book and Page Parcel Identifier No. R04609-001-006-001 & R04609-001-007-000 Mail after recording to: This instrument was prepared by: Alan M. Solana, Esq.1650 Military Cutoff Rd., #200, Wilmington, NC 28403 LOT 17, SECTION 4, FIGURE EIGHT ISLAND THIS DEED made this 26th day of September, 2012, by and between GRANTOR HILLMAN D. BASS, JR. & wife, JAN H. BASS Address: 16 Beach Road South Wilmington, NC 28411 GRANTEE JIMMY E. CREECH & wife, DEBRA S. CREECH Address: 609 Oueen Anne's Road Greenville, NC 27858 RECEIVED MAY 0 9 20'4 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 and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. RECEIVED . DCM WILMINGTON, NC APR 15 2014 All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book 1735, Page 1208, New Hanover County Registry. i, map showing the above described property is recorded in Plat Book 13 Page(s) 12 , and referenced within this instrument. The above described property does XX does not include the primary residence of the Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantorwill warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer(s), the day and year first above 4 A N RA (SEAL) L. �1'` �- V J—Jl' (SEAL) HILLM , J JAN H. BASS STATE OF NORTH C LINA, COUNTY OF NEW HANOVER / I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: HILLMAN D. BASS JR. & JAN H. BASS Witness my hand and official stamp or seal, this the day of Sep*mber, 2012. My Commission Expires: 23 March 2013 Print Notary Name: Michelle Caminiti _ RECEIVED MAY 0 9 2014 DCM-MAD C1TY RECEIVED DCM WILMINGTON, NC APR 1 5 2014 EXHIBIT "A" Beginning at a point in the western fine of Bcach Road South which said point is Noah 36 degrees en 21"East BackfS03.15 feet iron the intersection ofthe western line of Beach Road South with the center line of fight Island Point Road, said point also being the southeastern comer of Lot 1 S, Section g Figure Eight Island as the same is shown on the map thereof recorded in Map Book 13, Page l2 of the New Hanover County Registry; running thence from said beginning Point South degrees 28' 21"Weal 50 feet south to a point; along and with the western line ofBeach Road t; running thence North 53 degrees 31' 391• West 173.83 feat to it point in the records line of Lot Book Section 41•igure eight Island as the same is shown on the map thereof r28detarded in Map Book 13 at page 12 of the New Hanover County Registry: running dteher North South d 18' 1 I"East 50.52 feet b the southwestern corner of said Lot I5; running thence e82es 31' 39"East along and wi[h the southern line of said of 15 to the point of Beginning; die same being the northern '/, of Lot 17, Section 4, Figure Bight Island as the same is shown on map thereof recorded in Map Book 13 at Page 12 of the New Hanover County Registry. Beginning at a point in the northwestern line ofBeach Road south as shown on map entitled "Section Four Figure-B" recorded in Map Book 13, Page 12, of the New Hanover County Registry, said point being where the said intersected by the dividing lines betw. Is 19 and 17, of Block "B" as shown on said map feet along the said , d n ginnnnOM northwestern lino of Beach Road South is n'�8 !bents said be g point north 36 degrees 28 minutes 21 seconds East 50,00 orthwestem fine of Beach Road south to a point, thence at right angles to said line of said road North 53 degrees 31 minutes 39 seconds West,.174 feet more or northwestem line of said Lot 17 as shown on said map; thence south 28 d eu, to the seconds West 50.6 ken more or less along the said notthwrstem fine of l oo t�17 to the u 1 I nwesternm0sl comer orthernmost corner oFLot 19 in Block B, as shown on said map, the same being the lock B as own on said n]4P' thence minutes 39 seconds Bast 166.65 feet along [he dividing 1 ne between Lots 17tand 19h 53 eto 1he31 .of beginning. The same being the one-half of Lot 17 in Block B, as shown on said map; point adjoining Lot 19 in Block B, as shown on said map. Being the parcel designated as Tract Two ill a dad recorded in Book l Hanover County, North Carnlirra, Registry. Ot 1, Page 48 in tie New MAY 04` DCbl-yJIn Cny rtitjt_i`VED DCM WILMINGTON, NC APR 15 2014 rYWA ,t �l NCDEENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvarla, III Secretary May 7, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 940 Wilmington, North Carolina 28402 Re: Jimmy Creech Major Public Notice Kyle & Heather: Please publish the attached Notice in the Friday, May 9, 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, Shaun K. Simpson Permit Support &Customer ervice Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Ronnie Smith - USACE�� Michele Walker- DCM Irl MAY 0 9 2014 DOIA-MIiD CITY 127 Cardinal Drive Ed., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-395-3964Internet: www.nocoastalmanagement.net An Equal Oppommily \ Aflirmalive Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, On April 15, 1014, Jimmy Creech proposed to construct a bulkhead at 17 Beach Road S. (Figure 8 Island), adjacent to Banks Channel, in Wilmington, New Hanover County. A copy of the application may be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7425) 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 May 30, 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. iRECEIVBD MAY 0 9 2014 Y 4 DCM-MUD CITY J)<I MAJOR PERMIT FEE SCHEDULE Creech / $400 / New Hanover Co. DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 1 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 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 aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED MAY o 9 2014 DCM-Mm CTTP